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CEB Minutes 10/25/2019October 25, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 25, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Vice-Chair: Gerald J. Lefebvre Chloe Bowman Sue Curley Kathleen Elrod Ron Doino (Absent) Herminio Ortega (Excused) 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 October 25, 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 MOTION FOR EXTENSION OF TIME B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CELU20190004390 OWNER: Joseph T Germain OFFICER: Michael Odom VIOLATIONS: Collier Land Development Code 04-41, as amended, Section 2.02.03. Storing a recreational vehicle on an estates zoned property without first having an approved primary principle structure. FOLIO NO: 39594560108 PROPERTY 4940 10th St NE, Naples, FL ADDRESS: 2. CASE NO: CESD20190005434 OWNER: SCHATZIE REALTY INC OFFICER: Virginie Giguere 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). Garage converted into living space without first obtaining Collier County Building permits. FOLIO NO: 77260320003 PROPERTY 148 6th St, Naples, FL ADDRESS: 3. CASE NO: CEPM20190001750 OWNER: Roberto Bollt TR OFFICER: Michael Odom VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n) and the Florida Building Code 6th Edition (2017) Building, Chapter 4, Section454.2.17. Pool enclosure with several torn/and or missing screens. FOLIO NO: 64697500108 PROPERTY 3000 Orange Grove Trl, Naples, FL ADDRESS: 4. CASE NO: CESD20190008067 OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and Sergio Canu Duenas OFFICER: Virginie Giguere 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). Accessory type structure erected on property prior to obtaining Collier County Building permits. FOLIO NO: 60782760006 PROPERTY 5308 Cypress Lane, Naples, FL ADDRESS: 5. CASE NO: CELU20190010579 OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and Sergio Canu Duenas OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Coode 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Mobile home unloaded onto residential property. FOLIO NO: 60782760006 PROPERTY 5308 Cypress Lane, Naples, FL ADDRESS: 6. CASE NO: CEVR20170009414 OWNER: Roberto Torralbas and Katherine Torralbas OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(e). Site work, improvement of property, grading, and/or removal of protected/native vegetation without a permit that would allow same. FOLIO NO: 00096040003 PROPERTY 970 Limpkin Rd, Naples, FL ADDRESS: 7. CASE NO: CELU20190003912 OWNER: TERRA AQUA LLC OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. Parking/storing vehicles on property without proper Collier County approval. FOLIO NO: 386280104 PROPERTY NO SITE ADDRESS ADDRESS: 8. CASE NO: CESD20190007384 OWNER: Martin Franco Lopez OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Detached structure from main residence erected on back north side of parcel. FOLIO NO: 37289041002 PROPERTY 530 6th St NE, Naples, FL ADDRESS: 9. CASE NO: CESD20190004841 OWNER: Miguel Rodriguez OFFICER: Michele Mcgonagle 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). Alterations/renovations to mobile home and attached porch including, but not limited to; electrical, plumbing, steps and door without obtaining required Collier County permits. FOLIO NO: 62360720000 PROPERTY 152 Cape Sable Dr, Naples, FL ADDRESS: 10. CASE NO: CEAU20190005915 OWNER: Sylvie E Nutten OFFICER: Arthur Ford VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter1, Section 105.1. Unpermitted damaged privacy wall. FOLIO NO: 27586280000 PROPERTY 496 Willet Ave, Naples, FL ADDRESS: 11. CASE NO: CESD20190008553 OWNER: Marco A Olide Hernandez and Leslie A Olide OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Wooden canopy structure built without first obtaining a valid Collier County permit. FOLIO NO: 62091480004 PROPERTY 5229 Martin St, Naples, FL ADDRESS: 12. CASE NO: CELU20190008011 OWNER: NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(a) and 2.02.03. Vehicles are accessing the southeast portion of this property without permitted access point, and miscellaneous items and vehicles are being stored on the southeast portion of this parcel which is a prohibited use based on the existing SDP. FOLIO NO: 61838760001 PROPERTY 5085 Bayshore Dr, Naples, FL ADDRESS: 13. CASE NO: CENA20190011020 OWNER: Pouiria Bolandin OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds/grass over 18 inches. FOLIO NO: 740320008 PROPERTY 131 Melody Ln, Naples, FL ADDRESS: 14. CASE NO: CESD20190003219 OWNER: Mark Ryan Morgan and Ewart G Morgan OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alteration/repairs to seawall. FOLIO NO: 46273160003 PROPERTY 241 Harbor Pl N, Goodland, FL ADDRESS: 15. CASE NO: CESD20190008029 OWNER: Claudel Victor and Altagrace Talleybrand OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Rear exterior door sealed without a valid Collier County permit. FOLIO NO: 62103040002 PROPERTY 5430 Hardee St, Naples, FL ADDRESS: 16. CASE NO: CEV20190009972 OWNER: Fausnel Bornelus and Elette Desir OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section(s) 130-95 and 130-97(4). Unlicensed/Inoperable vehicle(s) and commercial vehicle(s) being stored on a residentially zoned property. FOLIO NO: 62096970001 PROPERTY 5325 Hardee St, Naples, FL ADDRESS: 17. CASE NO: CEPM20180014737 OWNER: William J Fotre Jr OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(n). Damaged boat dock. FOLIO NO: 29830760009 PROPERTY 2948 Orange St, Naples, FL ADDRESS: 18. CASE NO: CESD20190006694 OWNER: William James Morgan OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Voided permit #930015719 for a storage and balcony addition and converted the storage and balcony additions to living space. FOLIO NO: 77212480001 PROPERTY 171 3rd St, Naples, FL ADDRESS: 19. CASE NO: CEPM20180015946 OWNER: Monsur Ahmad OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). A mobile home in need of required property maintenance, specifically resetting and securing the mobile home structure on its support pilings. FOLIO NO: 53351840005 PROPERTY 4016 Harvest Ct, Naples, FL ADDRESS: 20. CASE NO: CESD20190009336 OWNER: Jesus Llorca Rives and Martha Lahitte Tamayo OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Elevated wood structure and multiple sheds on property without permits. FOLIO NO: 25967802889 PROPERTY 14733 Apalachee St, Naples, FL ADDRESS: 21. CASE NO: CEAU20190004477 OWNER: Joanna Rodriguez Aliaga OFFICER: Jonathan Musse VIOLATIONS: Florida Building Code 6th Edition, Chapter 1, Part 2, Section 105.1. Damaged wooden fence with expired permit PRBD20131231199. FOLIO NO: 62099400002 PROPERTY 5377 Carlton St, Naples, FL ADDRESS: 22. CASE NO: CES20190008119 OWNER: NAPLES/DAVIS BLVD LP OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.06.11(A)(1). Observed a altered plaza sign without a Collier County Permit. FOLIO NO: 401960008 PROPERTY 6350 Davis Blvd, 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: CEPM20180011461 OWNER: Graciela Gonzales OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Sections 22-242 and 22-231(12)(i). Unsecured dwelling (open side door) and broken/missing windows on unoccupied residential property. FOLIO NO: 79040004 PROPERTY 1019 Ringo Ln, Immokalee, FL ADDRESS: 2. CASE NO: CESD20170002774 OWNER: N-A PROPERTIES LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a)(e) and (i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 PROPERTY 5630 Copper Leaf Ln, Naples, FL ADDRESS: 3. CASE NO: CESD20160015155 OWNER: Tomas Avila Reyes OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). extensive remodeling in progress, including plumbing, electric and interior drywall being removed/replaced, and studs removed without required Collier County Building Permits. FOLIO NO: 36960880004 PROPERTY 2430 Golden Gate Blvd W, Naples, FL ADDRESS: 4. CASE NO: CESD20190002150 OWNER: Kirill Guminskiy OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired new construction permits: PRWL20180102898, PRBD20160621813 and PRROW20160621820. FOLIO NO: 40992120100 PROPERTY 3315 16th Ave SE, Naples, FL ADDRESS: 5. CASE NO: CENA20190002191 OWNER: Kirill Guminskiy OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Section 54-181. Construction trash and materials not contained to include but not limited to, wood scraps, plastic scraps and buckets, metal drums, construction debris, household junk trash and debris. FOLIO NO: 40992120100 PROPERTY 3315 16th Ave SE, Naples, FL ADDRESS: 6. CASE NO: CEPM20180008642 OWNER: Chad Barancyk OFFICER: Sherry Patterson VIOLATIONS: Florida Building Code, Sixth Edition (2017), Sections 454.2.17.1.1 through 454.2.17.1.15 and Collier County Code of Laws and Ordinances, Section 22.26. Swimming pool on residentially zoned property without approved safety barrier. FOLIO NO: 51441280001 PROPERTY 1974 Countess Ct, Naples, FL ADDRESS: 7. CASE NO: CESD20180000943 OWNER: A D G N P MORTGAGE INC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Guest house was converted into three units. The first unit, the garage and utility room were converted into living with an unpermitted kitchen and bathroom. Second unit, an exterior wall was added in the kitchen and bedroom of the main structure, and the third unit, an unpermitted kitchen and bathroom all constructed without first obtaining the authorization of the required permit(s) and certificate(s) of occupancy as required by the Collier County Building. FOLIO NO: 37162681000 PROPERTY 891 5th St SW, Naples, FL ADDRESS: 8. CASE NO: CESD20180005831 OWNER: Luis D Diez OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted structures on improved, occupied residential property. FOLIO NO: 36456800006 PROPERTY 5300 32nd Ave SW, Naples, FL ADDRESS: 9. CASE NO: CESD20180011522 OWNER: Favian Rodriguez and Caridad Salceiro OFFICER: Thomas Pitura VIOLATIONS: Florida Building Code, Sixth Edition (2017), Section 105, Collier County Code of Laws and Ordinances, Section 22-26 and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Expired permit PRBD20150514925 for aluminum framing and roof panel. No permit for open porch addition to the rear with concrete block wall. Voided permit 2011030226 for 6” vinyl fence with gate. FOLIO NO: 77390002589 PROPERTY 13671 Legacy Ln, Naples, FL ADDRESS: 10. CASE NO: CEPM20180012992 OWNER: Elaine M Kostka OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-28(1) and 22-231(12)(C). Damages including, but not limited to, the roof, frame work and siding. The home was identified as being substantially damaged after hurricane Irma. FOLIO NO: 81624520008 PROPERTY 211 Ocean Reef Ln, Naples, FL ADDRESS: 11. CASE NO: CESDSD20170016853 OWNER: Guixian Wu OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Building/remodeling without first obtaining a permit. FOLIO NO: 50880006025 PROPERTY 623 Palm Dr, 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- FRIDAY NOVEMBER 22, 2019 AT 9:00AM XIV.ADJOURN October 25, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. If you have a cell phone with you, and I'm sure everybody does, you may want to silence it now. Notice: The respondents may be limited to 20 minutes presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the pr oceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. If I can get everybody to stand for our Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. You want to start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Jerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. October 25, 2019 Page 3 MS. CURLEY: Ms. Sue Curley? MS. BOWMAN: Here. MS. BUCHILLON: And Mr. Doino and Mr. Ortega are absent. CHAIRMAN KAUFMAN: Okay. Herminio called in, so that's an excused absence. MS. BUCHILLON: Yes. Uh-huh. CHAIRMAN KAUFMAN: Okay. Minutes of the last meeting. Could I get a motion to accept the minutes from last meeting. MR. LEFEBVRE: Make a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion, second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda this morning. Helen. MS. BUCHILLON: Yes, sir. We have some changes. We have five stipulations. Under public hearings No. 7, CELU20190003912, Tara Aqua, LLC. Under hearings No. 9, CESD20190004841, Miguel Rodriguez. Number 13, CENA20190011020, Pouiria Bolandin. Number 10, CEAU20190005915, Sylvie E. Nutten. Number 8, CESD20190007384, Martin Franco Lopez. Those are -- CHAIRMAN KAUFMAN: That's No. 13? MS. BUCHILLON: I'm sorry? October 25, 2019 Page 4 CHAIRMAN KAUFMAN: Which number is that case? 13? We have 8. So it's 7, 9, 8, 10 and 13? MS. BUCHILLON: Seven, 9, 13, 10 and 8. CHAIRMAN KAUFMAN: Okay. Which brings us to withdrawns and -- MS. BUCHILLON: Yes, sir. Under public hearings, No. 2, CESD20190005434, Schatzie Realty Inc., has been withdrawn due to compliance efforts. Number 3, CEPM20190001750, Roberto Bollt TR, has been withdrawn due to compliance efforts. Number 4, CESD20190008067, Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez, and Sergio Canu Duenas, has been withdrawn due to compliance efforts. Number 5, CELU20190010579, Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez, and Sergio Canu Duenas, has been withdrawn due to compliance efforts. Number 14, CESD20190003219, Mark Ryan Morgan and Ewart C. Morgan, has been withdrawn due to compliance efforts. Number 16, CEV20190009972, Fausnel Bornelus and Elette Desir, has been withdrawn due to voluntary compliance. Number 19, CEPM20180015946, Monsur Ahmad, has been withdrawn. It has -- due to being rescheduled to the next hearing. Number 20, CESD20190009336, Jesus Llorca Rives and Martha Lahitte Tamayo, has been withdrawn due to voluntary compliance. Number 21, CEAU20190004477, Joanna Rodriguez Aliaga, has been withdrawn due to compliance efforts. Under imposition of fines, No. 2, CESD20170002774, has been -- N-A Properties LLC, has been withdrawn due to case working with other county departments. Number 6, CEPM20180008642, Chad Barancyk, has been withdrawn due to compliance efforts. October 25, 2019 Page 5 Number 7, CESD20180000943, ADGNP Mortgage Inc., has been withdrawn due to reschedule to the next hearing. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the change in the agenda. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: We have a change to the agenda; two more stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 1, under hearings CELU20190004390, Joseph T. Germain. And the other one -- and the other stipulation is No. 15, CESD20190008029, Claudel Victor and Altagrace Talleybrand. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the changes to the agenda. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: And second? October 25, 2019 Page 6 MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Are we ready? MS. BUCHILLON: Yes, sir. Actually, we're going to begin with Case No. 6 under hearings, CEVR2017009414, Roberto Torralbas and Katherine Torralbas. MR. LEFEBVRE: She just popped her head in. MS. TORRALBAS: Thank you for bumping it up. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. TORRALBAS: Katherine Torralbas. CHAIRMAN KAUFMAN: Oh, and the baby, could she say her name? MS. TORRALBAS: It's a little boy. His name is Matteo. Hopefully he doesn't talk too much. MR. ODOM: Good morning. For the record, Michael Odom, Collier County Code Enforcement. This is in reference to Case No. CEVR20170009414, dealing with violations of the Collier County Land Development Code 04 -41, as amended, Section 3.05.01(B) and Section 10.02.06(B)(1)(e). Violation description: Site work, improvement of property, grading, and/or removal of protected native vegetation without a October 25, 2019 Page 7 permit that would allow the same. Located at 970 Limpkin Road, Naples, Florida, ZIP 34109; Folio 00096040003. Personal service given on February 2nd, 2018. I would now like to present case evidence in the following exhibits: Six photos. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. ODOM: Yes, Mr. Chairman. CHAIRMAN KAUFMAN: And do you have any objection to the photos? MS. TORRALBAS: No. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the photos. MR. LEFEBVRE: Make a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ODOM: The first three photos -- I'll give them a minute to buffer there -- were taken by Investigator Ossorio on June 1st and June 2nd of 2017. The next two photos were taken by me on June 12th, 2019. The last photo was taken by me on October 10th -- correction, on October 24th, 2019. Also, three aerials for the years 2017 through 2019 were October 25, 2019 Page 8 obtained via Property Appraiser's website. This case originated as a complaint. Upon initial site visit, it was evident that land clearing and introduction of fill had taken place. Subsequent research and a site visit in collaboration with the Collier County environmental specialist confirmed that a violation existed. Next, a notice of violation was drafted and personally served. The property owners decided to work towards compliance by taking a residential route instead of a restoration route. Since then, both Department of Environmental Protection and -- correction. Both federal and state level permits for this projec t, this future project, have been obtained. In doing this, the property owners worked with environmental consultants, Earth Tech Environmental, concerning both of those state and federal level requirements for a future single-family-home envelope. The approved envelope at the federal level is valid until March 18th, 2022, and at the state level, through the Department of Environmental Protection, until July 2nd, 2023. Both of these permit envelopes have been reviewed and approved by Environmental Services. Collier County impacts will be satisfied once a single-family-home permit is issued by the county. And we decided to take it to the Board because this case has been open since 2017, and rather than me checking in with the homeowner every two to three months, just allow them to ask for as much time as they need within those approved envelope time limits. CHAIRMAN KAUFMAN: How big is the property? MR. ODOM: It is 4.78 acres. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MR. LEFEBVRE: Where is this located? Just curious. MR. ODOM: It is Limpkin Road. MR. LEFEBVRE: Where is Limpkin Road? October 25, 2019 Page 9 MR. ODOM: It is off of Immokalee Road. If you go into Corkscrew Sanctuary, it's your first left. CHAIRMAN KAUFMAN: Okay. Any other questions of the county? MR. LEFEBVRE: So by getting the permits, does that bring the property in compliance? MR. ODOM: Well, according to Environmental Services, to account for the county impacts, a single-family-home permit has to be issued, and once that's issued, we'll monitor it through completion as Code Enforcement entity. MR. LEFEBVRE: But what's the time frame for the permits to be issued? MR. ODOM: When the approval runs out at the state and federal level, which is -- MR. LEFEBVRE: So they're in compliance at this point? MR. ODOM: With the state and federal levels, yes, but not with the county impacts. CHAIRMAN KAUFMAN: I think what I understand is, like with any other -- you can clear up to one acre if you have a permit and if you have a house on the property; or you have a building permit for the house, then you're okay until the house is done and all the other things you're taking care of. In this particular case they've adjusted -- they went on there and did something with the property prior to having the p ermit for the house. MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: So our next question to the respondent will be, how's that going, and we'll go from there, okay. MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: Do you have anything else for us? MR. ODOM: No. That's it, sir. October 25, 2019 Page 10 CHAIRMAN KAUFMAN: Okay. Next? MS. TORRALBAS: Hi. So we purchased this land in 2017. My husband wanted to be able to access it, and we obviously -- we understand now that what we did was wrong. We shouldn't have done it without a permit. So we know that we didn't follow the proper process. We made a mistake. But when we found that out, we stopped all activity because, you know, we wanted to then go ahead and follow the proper processes. So we hired Earth Tech, and we got the permits. We have the Florida DEP permit and the Army Corps of Engineer permit, and we received those in September of 2018, the second one, the last one. And so we're still kind of -- we purchased the property thinking that we would like to some day build a house on it, but not with the intention of building house in the -- you know, right away, immediately. And we're just asking, basically, for a little more time before we -- you know, in order to save funds in order to build, if that's the route we're going to go. We are still also considering restoration. We're not 100 percent sure. We own an apartment in town. We live in town right now. We just had a baby, obviously, and things are a little complicated. So what we would appreciate is just if we could have as much time as possible within the time frame of the permits to decide whether we're going to move forward with building a single-family home as -- you know, as we planned, or as the permits state, or if we're going to do restoration. CHAIRMAN KAUFMAN: So do you believe that you're going to get a building permit within a year, six months? MS. TORRALBAS: The permits give us two -- it's until -- the first one expires -- the Army Corps expires March of 2022. So I was October 25, 2019 Page 11 just going to ask if we could have until then to decide -- to pull permits and start building, if that's okay with the Board. You know, it's up to you guys, obviously. CHAIRMAN KAUFMAN: Well, the thing we have to do is find out whether a violation exists. MS. CURLEY: I make a motion a violation exists. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation does exist. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now what do we do? Do you have a suggestion for us, Mike? MR. ODOM: Yes, Mr. Chairman. 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 all required Collier County approvals, building permits, inspections, certificate of occupation (sic) to either build a single-family home or to restore the property to its originally-permitted condition within blank days of this hearing, or a fine of blank will be imposed for each day the violation continues; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate October 25, 2019 Page 12 the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to try filling in the blanks? MS. CURLEY: I have a question. How come you just don't restore it? MS. TORRALBAS: We are considering doing that, too. Right now we're not sure. My parents might move down here. We might actually have a need for a home, so we might like to build a home and have them be able to live in it. But they're in the process of making decisions about that right now. So we don't need it right now. We've considered restoration. We may do that. We're not 100 percent sure. MS. CURLEY: I have a question for the county. MR. ODOM: Yes, ma'am. MS. CURLEY: So the person that complained about this, is the runoff and the change of the land offending the neighbors? I mean, that looks pretty bad. MR. ODOM: I'm not sure why they complained, but, interestingly enough, the same person complained with the prior property owner, and they were about to clear the land, and we went out there and stopped them, and about a month later, the same complaint came in. The property had been sold, and they actually cleared the land. So it's not uncommon. It's unfortunate, and I'm not sure exactly why the complainant did complain. MS. CURLEY: I mean, that's pretty sensitive. If anyone's been out to that Corkscrew Swamp, that's a pretty sensitive area out there. MR. ODOM: Yes, ma'am. October 25, 2019 Page 13 MS. CURLEY: And it should be really respected. MS. TORRALBAS: We didn't have the intention of causing any harm. That's why we bought the property, because we love that area and we think it's very beautiful. MS. CURLEY: Just amongst the Board, I mean, just because she's been given a two-year window for, you know, from other agencies doesn't mean that that's something that we should honor. I think a year. I mean, I would be willing to fill in the blanks to give her a year, and then they can decide. But within a year it needs to be either put back to the state that it was in or get going building a house. But I don't think it should sit like that. I don't care, like, what other agencies say. CHAIRMAN KAUFMAN: So if you want to make that a motion that you grant the respondent 365 days, and after that a fine of? MS. CURLEY: $200 a day. CHAIRMAN KAUFMAN: Okay. I'll second the motion. Do we have any discussion on the motion? I have an item or two. What we're discussing here is giving the respondent a year to either pull a permit or restore the land or come back to us prior to the 365 days and tell us what they intend to do. If they need more time at that time, that can be granted by the Board. MS. CURLEY: Keeping in mind this property can transfer -- CHAIRMAN KAUFMAN: Yes. MS. CURLEY: -- with no -- CHAIRMAN KAUFMAN: Right. So it's on the record. I think that's why the County Attorney brought it before us. Okay. MS. TORRALBAS: Can I ask one question? When you say "within a year," does that mean we have the home completed within a year? CHAIRMAN KAUFMAN: No. October 25, 2019 Page 14 MS. TORRALBAS: Or started? CHAIRMAN KAUFMAN: Let us vote on the motion, then I'll explain it. MS. TORRALBAS: Okay. Sorry. CHAIRMAN KAUFMAN: Okay. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. It means that you should have a house completed, inspected, in 365 days; however, the Board has always listened to somebody who comes back and says, listen, we've made a decision. Let's say you come back in 11 months or 10 months and say, we have decided to restore the property, and it will be done in X amount of time. The Board is always willing to listen to those suggestions and act upon those. MS. TORRALBAS: Okay. CHAIRMAN KAUFMAN: Do you need glasses? MS. CURLEY: The LED light hits you. CHAIRMAN KAUFMAN: Yeah. When you put those up, by the way, can you put those up bigger, because to me that's just a blur. MR. LETOURNEAU: It's me that's doing it. So, yeah, I will. CHAIRMAN KAUFMAN: Was it you? MR. LETOURNEAU: Yeah, I'm sorry. I'm the culprit. October 25, 2019 Page 15 CHAIRMAN KAUFMAN: I know your eyesight is good, Jeff. Does that answer your question? MS. TORRALBAS: Yes, sir, it does. CHAIRMAN KAUFMAN: Okay. So we are done. Thank you very much. MS. TORRALBAS: Thank you. CHAIRMAN KAUFMAN: And the baby was terrific. MS. TORRALBAS: Thank you. CHAIRMAN KAUFMAN: Tell him that he appeared before the Code Enforcement Board when he was just a youngster. MS. TORRALBAS: I will. Thank you. MR. ODOM: Thank you. MS. TORRALBAS: Thank you. CHAIRMAN KAUFMAN: Thank you. Now we go to stip city? MS. BUCHILLON: Yes, sir. Next on the agenda under public hearings, B, stipulations, No. 7, CELU20190003912, Tara Aqua LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. JOHNSON: Randy Johns. CHAIRMAN KAUFMAN: Okay. And you have a stipulation to read into the record for us? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Good morning. For the record, Investigator Michelle McGonagle. Therefore, it is agreed between the parties that the respondent shall: Number one, pay operational costs in the amount of $59.21 October 25, 2019 Page 16 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Obtaining all required Collier County approvals for the parking lot to include, but not limited to, all Collier County building permits, inspections, and certificate of completion/occupancy and approval of all Site Development Plans, site development amendments or return the property to a permitted state within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, 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. So this appears to be land was being used as a parking lot which was not permitt ed for that purpose, and the stipulation gives 180 days or $100 a day fine to resolve this situation. MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. You're aware of the stipulation and you agree to this? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. LEFEBVRE: A couple questions. Where is this property located? MR. JOHNSON: At the corner of Brookside and Davis Boulevard across from the Oakes Farm store. MR. LEFEBVRE: Okay. Have we had any other violations on October 25, 2019 Page 17 this property before? MS. McGONAGLE: No. MR. LEFEBVRE: Okay. MS. CURLEY: Is that the triangle piece? MR. JOHNSON: No. MS. McGONAGLE: No. It's the northwest corner of Brookside. So it's on the north side of Davis. MS. CURLEY: Okay. I'm sorry. I know what you're talking about. MR. LEFEBVRE: And it's being used for the store, correct? MR. JOHNSON: Yes. MS. CURLEY: Overflow. MR. LEFEBVRE: And where are you in the process of getting a Site Development Plan completed? MR. JOHNSON: Well, we started on the Site Development Plan a long time ago, and we were going to use the property as it is. As we went through the process, we found out that we had to split the property. So then we had to go and have that piece of property taken off from the large piece. They did that, they renamed it, changed the ownership so it would go with the store. We have submitted a site plan, which I have a copy of the site plan that we submitted to the county for approval. We do now have comments back on that. I do need to respond to those comments. But we have been shorthanded, and we're trying to finish up Seed to Table right now. That's why we're asking for the six months. Because as soon as I'm done with the Seed to Table project, then we'll move right into this to finish this project. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: That parking lot's been there for a while, if I'm not mistaken. October 25, 2019 Page 18 MR. JOHNSON: It has. MS. CURLEY: I've parked there. CHAIRMAN KAUFMAN: Can you give her a ticket for me, please? MS. CURLEY: Sorry. CHAIRMAN KAUFMAN: Okay. You think 180 days will be sufficient time for you to get everything done? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any other discussion on the stipulation? (No response.) CHAIRMAN KAUFMAN: Anybody like to make a motion? MS. ELROD: I'll make a motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion to accept. And do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Okay. It passes 3-1 (sic). MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. CURLEY: 4-1. CHAIRMAN KAUFMAN: Excuse me, 4-1. I have to go back to Sesame Street to count. MS. BUCHILLON: Next item on the agenda under stipulations, October 25, 2019 Page 19 No. 9, CESD20190004841, Miguel Rodriguez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. RODRIGUEZ: It's Mike Rodriguez. CHAIRMAN KAUFMAN: Okay. And, Michelle, you have a stipulation you'd like to read into the record? MS. McGONAGLE: Yes, sir. Good morning. For the record, Investigator Michele McGonagle. Therefore, it is agreed between the parties that the respondent shall: Number one, 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: Obtaining all require d Collier County building permits, inspections, and certificate of completion/occupancy for the alterations/renovations to the mobile home and attached porch or return the property to a permitted state within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any methodology 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. What we have here, if I can give it a quick summary, is renovation or an addition of a porch, is it? MS. McGONAGLE: It was just alterations to the porch. The October 25, 2019 Page 20 porch was already existing. CHAIRMAN KAUFMAN: Okay. Then that -- the alterations, they included plumbing, electrical, what? MR. RODRIGUEZ: No plumbing. MS. McGONAGLE: I can read it to you. The violations of alterations/renovations to mobile home and attached porc h including, but not limited to, electrical, plumbing, steps, and a door without obtaining required Collier County building permits. CHAIRMAN KAUFMAN: Okay. My concern is electrical and safety and health. And also my concern is 180 days. It seems like a long time to me to pull a -- this was done without a permit; is that correct? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. It seems like a long time to pull a permit to cover renovations, but that's my comment, okay? Comments to the county from the Board? MS. CURLEY: Seems like a long time. MS. BOWMAN: Have any of the permits been pulled? CHAIRMAN KAUFMAN: Pull your mic down. MS. BOWMAN: This was on June -- in June? MS. McGONAGLE: Yes, ma'am. MS. BOWMAN: So have any of the permits been pulled? MS. McGONAGLE: Yes. He's applied for a permit. It was rejected. He has some corrections to do. Contractor licensing had the case before I did, so a stop work order was placed on the property. He plans to remove the electrical. Hire someone to have -- he just ran a couple of wires out to that porch area. So that electrical would be removed. And that's the first thing he plans on doing, but he can't do that until the permit is issued because of the stop work order. Nothing's connected to anything. It was just wires that were run. October 25, 2019 Page 21 CHAIRMAN KAUFMAN: Okay. Sir? MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Do you have any comments on how long it will take to get the permit approved, et cetera? MR. RODRIGUEZ: It's been for the hurricane. It happened when the hurricane happened, so it's been two years. That porch -- they had plastic windows, so it got damaged. I could not afford it, because it was quite a bit damage into it. So what I did is, simply, is just made it like a storage where I could put my lawnmower and stuff like that, so I just wanted to secure my tools and my lawnmower, and that's what I did with it. So I really did not did nothing on the outside. I just secured my stuff inside. So I'm not having running water. I don't need electric in there. So it's just a room, a -- like a storage, what I have it for. CHAIRMAN KAUFMAN: Okay. And you think that you'll be able to get a permit to cover the work that you did on there or are doing on it? MR. RODRIGUEZ: Yeah, I just have to hire, you know, the right person who has the license for it, and right now the money's kind of tight, so... CHAIRMAN KAUFMAN: Okay. Comments from the Board? Motions from the Board? MR. LEFEBVRE: Make a motion to accept. MR. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: We have a motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MS. CURLEY: Just real quick because I can't read it. What's the -- 180 days, and then what's the fine after that? CHAIRMAN KAUFMAN: Hundred dollars a day. October 25, 2019 Page 22 MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Sue, the sheets are in front of you for us people who can't see the boards, thanks to Jeff. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. RODRIGUEZ: Thank you. MS. McGONAGLE: Thank you. MS. BUCHILLON: Next item under stipulations, No. 13 CENA20190011020, Pouiria Bolandin. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: There must be an invisible person. I can't see anybody there. Okay. Joe -- let the record show that the respondent is not present. And you may want to read the stipulation in for us. MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing, and that -- 2, that the Code Enforcement Board issue a finding of fact that the respondent was guilty of the above-referenced ordinance at the time October 25, 2019 Page 23 that a notice of violation was served. So, basically, I'm just here to get a finding of fact; three violations in two years for overgrown lawn. It's improved property in a mobile home community. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? I'll give you my comment. This is p ut on the record in case it becomes a nuisance going forward. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: So you just want a record of it. I assume that the grass has been cut by now? MR. MUCHA: Yes, sir. It has been abated, yes, sir. CHAIRMAN KAUFMAN: Anybody want to make a motion? MR. LEFEBVRE: Make a motion. CHAIRMAN KAUFMAN: You make a motion to? MR. LEFEBVRE: Accept the stipulated agreement. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. October 25, 2019 Page 24 MS. BUCHILLON: The next stipulation is No. 10, CEAU20190005915, Sylvia E. Nutten. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the mic for us. MS. NUTTEN: Sylvia Nutten. CHAIRMAN KAUFMAN: Okay. You can move the mic closer to you if you want. MS. NUTTEN: Closer? CHAIRMAN KAUFMAN: You can move that so we can hear you better. There you go. Thank you. Good morning. MR. SHORT: For the record, Supervisor Eric Short, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted damaged concrete privacy wall within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. The respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. 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. CHAIRMAN KAUFMAN: Okay. You want to give us a quick October 25, 2019 Page 25 summary of this. There's a wall that was damaged? MR. SHORT: Yeah. It's a privacy wall made out of CBS. Never had a permit, unfortunately, and it's damaged. The damage is what got our attention from a complainant. And we think 90 days is sufficient time. CHAIRMAN KAUFMAN: Okay. Okay. You have something that you'd like to say? MS. NUTTEN: There's nothing much to say. The wall is behind a hedge, which I didn't even see; I don't even see from my property. So a piece of it fall off. So I really want -- would like to have the permit from you to demolish or can I do what I want with it? CHAIRMAN KAUFMAN: That's not a question for the Board. It's just that you have a wall. You agree that it's damaged. MS. NUTTEN: Yes. CHAIRMAN KAUFMAN: And that you are going to have it fixed. MS. NUTTEN: Exactly. CHAIRMAN KAUFMAN: Okay. And you have so much time to have it fixed. MS. NUTTEN: Okay. CHAIRMAN KAUFMAN: And you're -- you agree to what has been said as far as the time to have it -- MS. NUTTEN: Absolutely. MS. CURLEY: It's not fixed. It's not permitted, so she has to demo it, right? MR. SHORT: Along with the repair, you can get a permit to keep the fence there; wall. CHAIRMAN KAUFMAN: Okay. Any other comments? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions? MS. ELROD: I'll make a motion to accept the stipulation as October 25, 2019 Page 26 written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Who is the one that did the wall? Is that Jericho? MR. LETOURNEAU: You're asking the wrong person. CHAIRMAN KAUFMAN: It was Joshua, yeah. MS. BUCHILLON: Next stipulation, No. 8, CESD20190007384, Martin Franco Lopez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. LOPEZ: Yes, Martin Franco Lopez. CHAIRMAN KAUFMAN: Okay. And, Chris, do you want to read the stipulation into the record for us. MR. AMBACH: Yes, sir. For the record, Chris Ambach, supervisor of Code Enforcement. Therefore, it is agreed between the parties that the respondent October 25, 2019 Page 27 shall: Pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: Must obtain all required Collier County building permits or demolition permit or request all inspections through certificate of completion and/or occupancy for described structure alteration within 90 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation by using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Can you give us a quick summary of the situation. MR. AMBACH: This was a complaint that came in for unlicensed contractor, so Contractors Licensing was the involved party here. When they went out, observed that the structure itself -- it's a pole barn -- never had any permits. CHAIRMAN KAUFMAN: The barn itself had permits? MR. AMBACH: Correct. So it went to the building official. It was approved by the building official for code to follow up with the property owner. That's why we're here today. CHAIRMAN KAUFMAN: Okay. Electrical, plumbing? MR. AMBACH: Yes. CHAIRMAN KAUFMAN: It needs to be permitted, et cetera? MR. AMBACH: Correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I have a question for the county. So that's October 25, 2019 Page 28 secondary to the fact that they're storing commercial vehicles there? Am I reading something wrong? It says, did witness vehicles being stored/parked on property prior to obtaining prior Collier County approval. MR. LEFEBVRE: Which case are you on? CHAIRMAN KAUFMAN: Which case are you on? MS. CURLEY: Terra Aqua. CHAIRMAN KAUFMAN: Go to No. 8 on the agenda. MS. CURLEY: So I'm 7. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: It says 7 on the corner of my paper. CHAIRMAN KAUFMAN: Make it 8. We heard 7, I think, already. MS. CURLEY: Sorry. CHAIRMAN KAUFMAN: No problem. MS. CURLEY: No wonder it didn't make sense. CHAIRMAN KAUFMAN: Gerald? MR. LEFEBVRE: I've got nothing. CHAIRMAN KAUFMAN: Okay. Are you familiar with the permitting process, and you think you can get your permit for all of this in 90 days? MR. LOPEZ: Yes, I do. I already submit all the plans and everything to the county, and we're still waiting for a response. It might be a revision or -- and they give me 90 days, so I think we can make it happen. CHAIRMAN KAUFMAN: Okay. Any questions from the Board of the respondent? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody like to make a motion? MS. BOWMAN: I'll make a motion to accept. October 25, 2019 Page 29 CHAIRMAN KAUFMAN: Okay. Speak into the mic. MS. BOWMAN: Make a motion to accept the stipulation. CHAIRMAN KAUFMAN: Okay. We have a motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: Good luck. MR. AMBACH: Thank you. MS. BUCHILLON: The next stipulation, No. 1, CELU20190004390, Joseph T. Germain. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. GERMAIN: Joseph Germain. CHAIRMAN KAUFMAN: Okay. Michael, you want to read the stipulation into the record for us. MR. ODOM: Yes, sir. Good morning. For the record, Michael Odom, Collier County Code Enforcement. Therefore, it is agreed between the parties the respondent shall: Number 1, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; October 25, 2019 Page 30 Number 2, abate all violations by: Removing all unauthorized items currently being stored on the property including, but not limited to, a recreational vehicle, to a conforming location within 60 days of this hearing, or a fine of $150 per day will be imposed unt il the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you want to give us a quickie summary on this one? MR. ODOM: Yes, sir. It's a recreational vehicle being stored on the property. It's an Estates zoned property. CHAIRMAN KAUFMAN: It's not in an enclosure. It's just sitting on the property? MR. ODOM: Correct. CHAIRMAN KAUFMAN: Okay. MR. ODOM: And the respondent is either going to remove it or he's going to build a house, but we've been waiting for the arrival of a single-family home permit for a while. Communication started off great. Lately there hasn't been any, but moving forward we're going to keep in contact and hopefully be in compliance. CHAIRMAN KAUFMAN: Okay. Do you have any problem meeting the time frames? MR. GERMAIN: No. The only thing we have to deal with is one more thing on the building permit for my concrete, and I'm just waiting to hear back from the engineer, which has -- October 25, 2019 Page 31 CHAIRMAN KAUFMAN: Okay. MR. GERMAIN: -- been quite some time. CHAIRMAN KAUFMAN: Well, you have 60 days, so getting a -- MR. GERMAIN: Yeah, depending on if the county approves right away for my permit, there's no hiccups. We should be good. CHAIRMAN KAUFMAN: Go ahead, Gerald. MR. LEFEBVRE: But the permit won't abate the -- MR. ODOM: He'll be allowed to have a recreational vehicle there to serve as an office of sorts during the construction. No one's living in there. It's not -- that's not an issue. And so hopefully -- he'll either remove it, or it will be good to go. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Okay. MR. GERMAIN: I put it out there just to deter people from stealing everything faster than I bring it out there. CHAIRMAN KAUFMAN: You could go there one day, and the recreational vehicle will be gone. MR. GERMAIN: It may be an easier process, yes. CHAIRMAN KAUFMAN: Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Anyone want to make a motion? MS. ELROD: I'm make a motion to accept. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: (No verbal response.) MS. CURLEY: Aye. October 25, 2019 Page 32 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to you, sir. MR. GERMAIN: Thank you. MR. ODOM: Thank you. CHAIRMAN KAUFMAN: We are now done with the stipulations? MS. BUCHILLON: One more and that's it. CHAIRMAN KAUFMAN: Fifteen. MS. BUCHILLON: Number 15, CESD20190008029, Claudel Victor and Altagrace Talleybrand. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MS. TALLEYBRAND: Altagrace Talleybrand. CHAIRMAN KAUFMAN: You can move the microphone so we can hear you. There you go. MS. TALLEYBRAND: Altagrace Talleybrand. CHAIRMAN KAUFMAN: Okay. Thank you. MS. TALLEYBRAND: You're welcome. CHAIRMAN KAUFMAN: Jonathan, do you want to read the stipulation into the record for us. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.21 incurred in the prosecution of this case within 30 days of this hearing; and, Abate all violations by: Obtaining all required Collier County October 25, 2019 Page 33 building permits or demolition permit, inspections, certificate of completion for the modification of the rear exterior doorway within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. How many days did you say it was? MR. MUSSE: 120. CHAIRMAN KAUFMAN: Okay. Do you want to give us a quick summary? MR. MUSSE: Yes. We received a complaint. Initially it was two unpermitted sheds and the ceiling of their rear doorway. They did remove the sheds, the unpermitted sheds. They just need a little time for the doorway. She has been in contact with Renald Paul, because there is a language barrier, and he can speak Creole. So she -- due to financial reasons, that's why they're requesting 120 days. CHAIRMAN KAUFMAN: Okay. Any questions of the county from the Board? (No response.) CHAIRMAN KAUFMAN: You have no problem making the 120 days? MS. TALLEYBRAND: No problem. CHAIRMAN KAUFMAN: No problem, okay. October 25, 2019 Page 34 Anybody want to make a motion from the Board? MS. BOWMAN: Make a motion to accept. CHAIRMAN KAUFMAN: We have a motion. 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. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. TALLEYBRAND: You're welcome. CHAIRMAN KAUFMAN: Good luck. So we can leave stip city now. MS. BUCHILLON: That was the last stip. And we'll start with, under public hearings, No. 11, CESD20190008553, Marco A. Olide Hernandez and Leslie A. Olide. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Can you state your names on the microphone for us and your position. MS. OLIDE: Leslie A. Olide. MR. OLIDE: Marco Olide. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Bear with me. CHAIRMAN KAUFMAN: Okay, Jonathan. MR. MUSSE: All set? October 25, 2019 Page 35 CHAIRMAN KAUFMAN: We're all set. MR. MUSSE: All right. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. This is in reference to Case No. CESD20190008553 and dealing with the violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) for a wooden canopy structure built without first obtaining a valid Collier County permit. Located at 5229 Martin Street, Naples, Florida 34113; Folio No. 62091480004. Service was given on July 24th, 2019. At this time I'd like to present the case evidence in the following exhibits: One photo I took on July 17th, 2019. CHAIRMAN KAUFMAN: Has the respondent seen the photo? MR. MUSSE: No, sir. I can show them real quick. CHAIRMAN KAUFMAN: Okay. Why don't you do that. Do you have any objection to us seeing that photo? MS. OLIDE: (Shakes head.) MR. OLIDE: (Shakes head.) CHAIRMAN KAUFMAN: No, okay. Can we get a motion from the Board to accept the photo. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 25, 2019 Page 36 MR. MUSSE: Conducted an initial inspection on July 17th, 2019, where I observed the structure in question. Spoke with the property owner, Mrs. Olide, and informed her of the complaint. She informed me that she wasn't aware that a permit was required for the structure. Case was later reviewed by the building official who determined a permit would be required. He also stated that it would be -- it should be verified by zoning before obtaining a permit due to the location of the structure. Numerous inspections were made, no permits in file, and the structure still remains as of yesterday. CHAIRMAN KAUFMAN: Is this a concern of the setbacks? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. Do you have anything else for us? MR. MUSSE: No, sir. CHAIRMAN KAUFMAN: Okay. Your turn. MR. OLIDE: Well, we tried to get a permit, but the permit requires 10 feet away from the fence and 20 feet from the -- MS. OLIDE: Front. MR. OLIDE: -- house, but we don't have the -- if I do that, the little shelf’s going to be on the top of the house. CHAIRMAN KAUFMAN: That's a problem, for you. In other words, what you're saying to me is you can't do it. MS. OLIDE: Yeah. CHAIRMAN KAUFMAN: So do you have a solution of what you do want to do? Before you do that, why don't we start out whether a violation exists. MS. ELROD: I make a motion a violation exists. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second a October 25, 2019 Page 37 violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, so you can't move the structure on your property to meet the setbacks; is that your problem? MS. OLIDE: Correct. CHAIRMAN KAUFMAN: So your solution is? MS. OLIDE: Have to remove it, to take it down. CHAIRMAN KAUFMAN: And how long do you think that would take? MS. OLIDE: How much time can be given? CHAIRMAN KAUFMAN: Well, I'm sure the Board can come up with the amount of time, but it's your structure. It doesn't seem like it would be a big job to remove it. MR. OLIDE: Could we get another two months? CHAIRMAN KAUFMAN: Okay. Well, it's up to the Board. Any discussion from the Board? MS. CURLEY: Are the pillars concreted in the ground? MR. OLIDE: The posts are, like, four feet under. MS. CURLEY: And is there concrete in there? MS. OLIDE: Yeah. MR. OLIDE: Concrete. MS. OLIDE: We were told that the poles could stay. The more of the concern was the -- CHAIRMAN KAUFMAN: Top. October 25, 2019 Page 38 MS. OLIDE: -- top. MR. OLIDE: The other thing, I show him some pictures to him about other buildings that are the same. He say he can't do nothing because the buildings are already there. So how that one works? My building is already there, too. CHAIRMAN KAUFMAN: Yeah. It's a setback. The setbacks have to be met. So whether there are other buildings -- and I'm sure there are hundreds of them in Collier County that don't meet the setbacks, but until there's a case that's brought to Code Enforcement, that's why they're still there. Sooner or later, that's going to happen. So let me go back to Jonathan. If they remove the top, the canopy, rather than the poles, would that meet Mr. Walsh's concern? MR. MUSSE: Yes, sir. I believe anything that's above the surface, that would require a permit, yeah. CHAIRMAN KAUFMAN: Let me ask another -- just a foolish question on my part. If they were to replace the wooden top with a tarp, would that be in violation? MR. MUSSE: I would have to verify with Mr. Walsh. CHAIRMAN KAUFMAN: Okay. Because that might be a solution also. Jeff? MR. LETOURNEAU: Yeah, I think there might be an issue also, because there's a canopy ordinance by itself that I think you still have to meet the setbacks of any kind of structure. CHAIRMAN KAUFMAN: Okay. All right. Do you have a suggestion for us? MR. MUSSE: Yes, sir. The county recommends 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 obtaining all required Collier County building permits or demolition permit, inspections, and October 25, 2019 Page 39 certificate of completion for the wooden structure within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation's abated. If the respondent must -- No. 2, the respondent must notify code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody like to take a shot at filling in the blanks on the Board? MS. CURLEY: It's been like this since July, right? I mean, the notice -- yeah. So I'll make a motion for -- to fill in the blanks to 60 days or $100. MR. LEFEBVRE: And operational costs paid within? CHAIRMAN KAUFMAN: Thirty days. MS. CURLEY: Thirty. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. LEFEBVRE: Yes, I second that motion. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 25, 2019 Page 40 You have 60 days. So good luck to you. MS. OLIDE: Okay. Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next item on the agenda, No. 12, CELU20190008011, Naples New Haitian Church of the Nazarene Inc. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. PAUL: Jean Paul. CHAIRMAN KAUFMAN: Okay. You can move the mic over a little bit; we can hear you better. Thank you. And -- oh, now you broke it. That's a big fine. MS. CURLEY: I have a question. Helen, why -- the deeds aren't on here. So when -- the first time we ever hear a case, we usually get to see when they've acquired the property. In all the cases this month we don't have access to that. CHAIRMAN KAUFMAN: I think that was a decision that was made by Mr. Ossorio. MS. BUCHILLON: Yes. MR. LETOURNEAU: The entire management team of Code Enforcement take a look at what paperwork, you know, was essential, and we decided to remove the deeds out of the packet. CHAIRMAN KAUFMAN: Okay. Are you going to testify, sir? UNIDENTIFIED SPEAKER: No. I'm just with him. CHAIRMAN KAUFMAN: You're just there, okay. UNIDENTIFIED SPEAKER: I'm a bodyguard. MR. PAUL: My bodyguard. CHAIRMAN KAUFMAN: Okay. Okay. John? MR. JOHNSON: Ready? For the record, John Johnson, Collier County Code Enforcement. October 25, 2019 Page 41 This is in reference to Case No. CELU20190008011 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(a) and Section 2.02.03. Specifically, vehicles are accessing the southeast portion of this property without any right-of-way permit and the storage of miscellaneous household items and vehicles also on the southeast portion of this parcel are all prohibited uses based on the existing Site Development Plan. This property is located at 5085 Bayshore Drive, Naples, Florida, 34112; Folio No. 61838760001. Service given on August 28, 2019. I would now like to present case evidence that I have reviewed with Mr. Paul in the following exhibits. Do you want to check? CHAIRMAN KAUFMAN: Do you have pictures? MR. JOHNSON: Yeah. I have photos and a Property Appraiser overhead. CHAIRMAN KAUFMAN: Has the respondent seen those? MR. JOHNSON: He has. CHAIRMAN KAUFMAN: Okay. Do you have any objection to the paperwork that the officer has? MR. PAUL: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the board to accept it. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: A second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. October 25, 2019 Page 42 MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: A second. All those in favor? MR. JOHNSON: Thank you. At the southeast corner of this 10-acre parcel is a clearing designated by that blue arrow. This is a 10-acre parcel along Bayshore and Republic Drive. So it's in the back of this property. This clearing has been used as a staging area where the church receives donations that are -- donations are dropped off and packed into a shipping container that is then removed and shipped to Haiti. As part of this activity, other vehicles have been parked in this area. You can kind of thumb through those, sir, if you want, just to give you an idea. Per Collier County zoning, the collection of donations is a permitted use on this church property; however, this can only be done on improved areas of the Site Development Plan. As you have seen in these last two pictures, the owners are now compliant; however, as this is a recurring issue, we are looking for a finding of fact that at the time of the notice this was a violation. CHAIRMAN KAUFMAN: Okay. That's for future purposes? MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Okay. Sir, do you have anything to add? MR. PAUL: Yes, sir. As a church, we are a compassionate ministry affiliated to the church like Bayshore Education Center, so we ship stuff away to Haiti. So that big container that you see is a 40-feet container. When we load that container, we need to bring other vehicles who bring stuff to load in the container. But we don't store vehicles back there. But we're in agreement with Mr. Johnson to take care of this October 25, 2019 Page 43 stuff. We already take care of all this stuff. So from now on we can still do that, but we're not going to do that in the back of the property anymore. And we trying to put a chain, because sometimes we find out stuff is in the property that we don't bring in there, and we don't know where they come from. But as they're in our property, it's our responsibility anyway. So on our own, we'll just put a chain on we probably drive (sic) where other people can't get access. So for me, the problem is already solved because we can -- and I hope next time we can work anything out without having -- we don't have to use your time, waste your time to go over a thing like that, because I would always prefer to take care of the problem. I don't want to be part of the problem. I want to be part of the solution. So I think it's easy to work with Mr. Johnson; if there is any issue, any problem, let's work it out. CHAIRMAN KAUFMAN: Okay. From what I understand from the county, they wanted to put this on the record so that in the future if anything happens, this case has been documented, so that's why they're saying that. And you are correct, according to what Mr. Johnson has said, that that's all been cleared at this point. So currently, today, you're not in violation. MR. PAUL: Thank God. CHAIRMAN KAUFMAN: But at the time that the pictures were taken, we have to determine whether a violation existed at that time. MS. ELROD: Motion that a violation did exist. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. October 25, 2019 Page 44 MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: I oppose. CHAIRMAN KAUFMAN: Okay. So it's 4-1. So a violation did exist back then. MR. PAUL: Okay. CHAIRMAN KAUFMAN: Okay. Now it's clear. And that's all the county was really looking for. There's no fine involved at this point. MR. LETOURNEAU: We would like to have -- show our recommendation. There is going to be an operational cost at this point also. CHAIRMAN KAUFMAN: Yeah. Well, I was going to get to that next. Okay. Sue, you have a comment that you'd like to make. MS. CURLEY: I mean, I understand -- I understand why you've come here to tell us this, but I don't understand this whole case. MS. ELROD: It's a recurring issue. MS. CURLEY: Listen, I can hear. I know what he said. That's why I made that clear. But I don't understand. This isn't the fourth or fifth time we've seen this person. They've fixed the problem within the time frame. He has told us he's going to put a chain up to eliminate any other dumping, so this isn't a case where we've had issues coming and -- you know, and this is a fifth or sixth time we've seen him. So I don't understand why the -- MR. LETOURNEAU: I'll explain. Our process is, is that we have two different -- we have three different types of violations. We have an initial violation. First time Code Enforcement's seen it, you know, they clean it up. Good to go. You guys never see the case. The second one is a recurring violation where they did it one October 25, 2019 Page 45 time, they clean it up, Code closes the case, you never see it. Well, down the road they do it again. Code calls that a recurring violation. Even if they clean it up, nine times out of 10 we want to bring it before the Board to make sure that it's a repeat violation the next time they do it. So we can add a civil penalty down the road if it's done again. I understand, you know, this good gentleman has said that they're not going to do it again, and I believe him; however, we're going through our process right now of how we deal with these cases. MR. JOHNSON: Yeah. And, also, Mr. Paul has been very -- he bends over backgrounds to comply with any -- we've had some other minor issues that he takes care of immediately. This one, some of those vehicles are not from his church or from his people, and they -- people just put vehicles there. So some of it was not even of his doing. Of course, he understands it's his land, it's his responsibility. So, yeah, this has happened a few times. I've been called out. I've spoken to him. He clears them up. And, of course, the container, he's right. It's not really stored there. It's staged there, and then i t's shipped to Haiti. So it's just -- he's aware now that this process is a legal use for a church; however, it can't be done on this unimproved area. It has to be done as part of the Site Development Plan up there where -- up in the front where the church is. CHAIRMAN KAUFMAN: Main building is. MR. JOHNSON: Right, right. So -- correct. MS. CURLEY: So who's parking the cars there? The people that live across the street or church members, or who's parking their vehicles there? MR. PAUL: Some of them we don't even know when, where -- where they come from. And one thing -- what we are doing, we're October 25, 2019 Page 46 going to still do that, because we're going to ship stuff. When you have container, we got the container only for 14 days to load it and ship it. That's what we've been doing. So before I did that the first time, the first thing I did, I went to the county and I said, we are donations, and we want to load container and ship it to Haiti. Do I need a permit? They said, no, you don't need a permit for that. So the only thing really that could be a violation is doing it in the back of the property, because I know that we have only one property. In my mind, I don't think we can got one part develop and the other part not. So that's why we think, if we can do that in the front of the church, we can do it in the back as well. That's why we did it. So when I found out that we can't do it in the back, we can do it in front, so it's not any problem. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I understand that. My question was, did you know who the vehicles -- were they vehicles that no longer worked? Has this corner become a dump for people to throw away things, or are these vehicles working with license plates on them and community people that are visiting other people around your property are parking their cars there? That's what my question was. MR. PAUL: Some of them we don't where they come from, and sometimes I call police. I call the police to say, well, there's a vehicle here. We don't where they come from, so can they identify it. And now it's all cleaned up. We don't have any. So that's what I said, we're going to put a chain where those vehicles get access in the back of the property so it does not happen anymore. If for any reason there's any more, I'm still going to call the police. CHAIRMAN KAUFMAN: Okay. John, you have a suggestion for us? October 25, 2019 Page 47 MR. JOHNSON: Yes. 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 the Code Enforcement Board issuing a finding of fact that the respondent was in violation of the above-referenced codes at the time a notice of violation was issued for this recurring land-use violation. CHAIRMAN KAUFMAN: Okay. There's no fine. It's just the administrative costs of 59.21. MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Paid within 30 days. Okay. Anybody like to make a motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, I make a motion that we approve this as stated, 59.21 within 30 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. Good luck on your chain. MR. PAUL: Thank you very much. Have a good day. CHAIRMAN KAUFMAN: Okay. Next. MS. BUCHILLON: Next item on the agenda, No. 18, CESD20190006694, William James Morgan. And we have Rachel October 25, 2019 Page 48 Perales. MS. PERALES: Rachelle. MS. BUCHILLON: Rachelle, I'm sorry. MS. PEREZ: It's okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. You may want to pull that microphone down. You're height challenged, as I am. MS. PERALES: Yes. Short-people problems. CHAIRMAN KAUFMAN: Yes. Could you state your name on the microphone for us. MS. PERALES: My name is Rachelle Darnell Perales. CHAIRMAN KAUFMAN: And you are? MS. PERALES: I am the fiancée to William Morgan. CHAIRMAN KAUFMAN: And you have his permission to -- MS. PERALES: Yes, I do. I have power of attorney, which earlier they made copies, but I can also present it. CHAIRMAN KAUFMAN: Perfect, okay. Jonathan, you're up. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. This is in reference to Case No. CESD20190006694 in dealing with the violations of Collier County Code Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) for a voided permit, 930015719, for a storage and balcony addition that was -- and converted that same storage and balcony addition into living space. Located at 171 Third Street, Naples, Florida, 34113; Folio No. 77212480001. Service given on June 25th, 2019. At this time I would like to present the case evidence in the following exhibits: Two photos I took on June 12th, 2019, and 10 photos I took on June 17th, 2019, and a copy of Permit October 25, 2019 Page 49 No. 93-15719. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these exhibits? MR. MUSSE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objections to those exhibits? MS. PERALES: No, sir, I do not. CHAIRMAN KAUFMAN: Okay. Make (sic) a motion from the board to -- MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MUSSE: Conducted initial inspection on June 3rd, 2019, and observed the property in question and the possible room additions located underneath the stilt home. Left my contact information at the property and requested that owner to contact me. So this is the exterior. The front of the property is right here, and initially, without searching the permits, I just assumed they just enclosed the bottom half of the stilt. I did get it from the back. Research shows that the previous owner applied for Permit October 25, 2019 Page 50 No. 93-0015719 for a storage room and balcony addition. The permit current status is void. Visited the Records Department to order the plans of the permit. So at one point this was the balcony and this is the storage room. I'm going -- CHAIRMAN KAUFMAN: There was a permit applied for initially by a previous owner to enclose the bottom portion for storage; do I understand that correctly? MR. MUSSE: Correct. And then they added a balcony on top of it. So here's a copy of the permit itself. CHAIRMAN KAUFMAN: Another eye test. Okay. MR. MUSSE: So right here, here's the street, the front of the house. CHAIRMAN KAUFMAN: This is the permit that wound up being voided? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And 93 denotes the year that it was applied for, correct? MR. MUSSE: Correct. Right there you can see the slab that was originally there before the addition. A little closer view of it. The original structure, and the concrete slab. CHAIRMAN KAUFMAN: So it was an uncovered slab rear of the house -- MR. MUSSE: Correct. CHAIRMAN KAUFMAN: -- back in 1993. MR. MUSSE: Correct, yeah. And then this is where the proposed new addition was going to be here. Right here would be the storage, would be underneath the property itself -- well, on the slab, should I say. And this was the October 25, 2019 Page 51 original drawings for the balcony. You guys good with the permit? Okay. I spoke with Mrs. Perales on June 12th. So we scheduled a meeting on her property for June 17th. On June 17th I met with Mrs. Perales and explained that -- who -- she explained that Mr. Morgan is incarcerated at this time, and she'll be handling Mr. Morgan's affairs during his absence. After signing the entry consent form, she escorted me throughout the dwelling. There I was able to observe the downstairs storage room was converted into two-bedroom, one-bath with no kitchen, and the upstairs balcony was also converted into living space. CHAIRMAN KAUFMAN: Were both spaces including electric and plumbing? MR. MUSSE: Yes. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: So this is the downstairs, I'm assuming, bathroom -- restroom. There's a toilet, and there's a tub. Just another photo of the same. Kind of like a hallway that went all the way to the end of the addition, and another hallway. This is the second bedroom, and this is the first bedroom. CHAIRMAN KAUFMAN: That's all downstairs? MR. MUSSE: That's all downstairs. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: On the second floor they just converted the balcony into two rooms. Here's the first bedroom and the ceilings of the first bedroom you can tell at one point that was just the balcony ceiling, and here's the second bedroom. CHAIRMAN KAUFMAN: Is there A/C there? There's no water for the two -- October 25, 2019 Page 52 MR. MUSSE: There doesn't appear that there is any water. That's electric. As far as A/C, it looks like they're utilizing just the A/C from the original structure. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Case was reviewed by the building official, Mr. Walsh, where he determined a permit was required for the work completed. She did meet with Renald Paul. To my understanding from the meeting, she would have to reapply or reactivate the initial permit and either modify it or complete it for the original storage room and balcony. She did explain that the downstairs she has converted it back into storage space. I haven't had an opportunity to go down there and take current photos, but it's basically not -- vacant, just like a storage. CHAIRMAN KAUFMAN: But it still has plumbing and electrical? MR. MUSSE: The -- CHAIRMAN KAUFMAN: Well, I'll ask the respondent. MR. MUSSE: Yeah. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. So you don't know what -- who owned this in 1993 because we don't have the deed here just to glance at. So can you tell me if this person owned this property back then, or did they buy it this way, or how long have they had it? MR. MUSSE: They bought it this way. They just recently purchased the property within a year or two ago. MS. CURLEY: So see how that would be helpful if we had that so we wouldn't have to stop the hearing and ask when they bought it. So they bought it like this. So they can't reactivate a permit -- MR. LETOURNEAU: I don't see why you needed the deed to ask us if they bought it like that, though. October 25, 2019 Page 53 MS. CURLEY: It was helpful. We can just collaborate our thinking before we have to go forward. So would somebody be able to reactivate a permit that wasn't theirs from 20 years ago? MR. MUSSE: That's up to the building department. I know they would have -- they would have to at least cancel that original permit out and start a new one. But the building official will have to grant that. CHAIRMAN KAUFMAN: Okay. Gerald? MR. LEFEBVRE: This is a question for our board attorney. There was a new state law that was passed recently. I'm not sure when it goes into effect or if it did go into effect October 1st, that states that if there are open permits and -- open or closed, voided permits from a previous owner, that the agency that does the enforcement isn't able to enforce violations against those parties; is that correct? MR. SCHNECK: That is correct. I don't know the -- it was a house bill. I don't know it offhand, but that is correct. The subsequent purchaser of the home that has an expired permit, they're specifically exempt from liability for that permit. And I do not believe they can be charged any fees as well. CHAIRMAN KAUFMAN: Who -- you're saying that the prior owner can't be found liable. MR. LEFEBVRE: No, the current owner. CHAIRMAN KAUFMAN: Or the current owner. MR. SCHNECK: The current owner, correct. CHAIRMAN KAUFMAN: Okay. There was no permit in this particular case. It was voided; is that correct? MR. LEFEBVRE: Yes, but it was applied for. MR. MUSSE: Correct. MR. LEFEBVRE: Right. October 25, 2019 Page 54 MR. MUSSE: And voided. MR. LEFEBVRE: So I'm not an attorney, but part of the -- what I -- how I understood it was that the permit -- when -- they would just reapply for the permit at that period of time in 1993 and have to follow those Land Development Codes from 1993. But what -- the question I have is, the statute, specifically what does it say about enforcement upon the new owner? I understood it that you couldn't go after the new owner. MR. SCHNECK: I believe that is correct, but I'm not positive because there's two different issues there. And depending upon what type of permit it is, whether it's -- you know, it's a land-use permit or just a construction permit, there could be an issue with a prior existing nonconforming use that's grandfathered in, or it could be noncompliant with the code as it was at that time. MR. LEFEBVRE: I think we need clarity on what that law specifically says to move forward. MR. LETOURNEAU: I can put that up on the screen if you want me to. I believe you're talking about the state statute. MR. LEFEBVRE: The new state statute, yes. I think we need to have clarity on that, because this is a case that clearly falls under those rules. MR. LETOURNEAU: Well, I think that there's numerous issues here, because besides the original permit for a storage and a balcony, it's been renovated beyond -- way beyond that as far as into bedrooms and everything else. So I'm not sure when that part occurred, so... MR. LEFEBVRE: Right. I understand. MS. CURLEY: Well, I don't see this case as the state coming after her for a permit from 1993 that's not been completed. That just -- all that information you shared with us just was a little bit of background so we could understand how the alterations maybe would October 25, 2019 Page 55 have -- maybe started, stopped, and then now that we know that they've acquired this, it's continued. So I mean, what -- I don't see the county going after them for violations from the 1993 behavior. The behavior that's occurred is behavior that they brought on themselves. Whether she's brought it back to storage -- storage as it was when they bought it, it still doesn't matter. That still wasn't an approved permit. It's -- CHAIRMAN KAUFMAN: I think the permit from 1993 was void to me means there is no permit from 1993. It doesn't exist. MR. MUSSE: Well, it's there. It just was never issued. CHAIRMAN KAUFMAN: I understand that, but as far as the county is concerned. Jeff put up the law, which I can't read. MR. LEFEBVRE: So the permit was never issued; is that what you're saying? MR. MUSSE: Usually when they're voided, they're not issued. No, it would either be expired -- if it was issued, it would be expired. MR. LEFEBVRE: So the state statute specifically says that if a permit is issued and is expired or pending inspections -- MS. CURLEY: So what'd they not pay for it, or there's some reason why it was submitted -- MR. MUSSE: It's '93 permits. I was only able to get plans for it, not just the details. MR. LEFEBVRE: So this is an unpermitted structure is what it is? MR. MUSSE: Correct. MR. LEFEBVRE: Okay. Unpermitted structures are not within the new state statutes guidelines. MR. MUSSE: Yeah. If this was permitted, we were only going for the modifications to the balcony. MR. LEFEBVRE: Okay. So this case would not be part of the October 25, 2019 Page 56 new state statute because it's voided. It's an unpermitted structure. MR. MUSSE: Right. MR. LEFEBVRE: They're only for structures that were in the process of being permitted and it had expired. MR. MUSSE: Okay. So they would have to be issued in order to fall into that? Got that. MR. LEFEBVRE: Correct. Yes. CHAIRMAN KAUFMAN: That's my understanding; however, I think that the Code Enforcement folks need to explain to us or for everybody to know, what the new law changes. MR. LEFEBVRE: I think it would be wise -- and this might not be the time to talk about it, but to maybe hav e our County Attorney give us a little bit of synopsis of the law so we have a really clear understanding. MR. LETOURNEAU: I'll be in agreement with that, and I'd be willing to withdraw this case at this time. It's just that I think if it was just a storage and a balcony at this time, there might be an issue with this particular ordinance; however, the scope is way beyond what the original permit was either issued or applied for. I don't know at this time. So I think it's a -- you're comparing apples to oranges, because -- CHAIRMAN KAUFMAN: So just a quick summary. Way back in the day in 1993 somebody owned this property, and they put in a storage room -- just keep simple to that. They put a storage room in. No electrical, no plumbing. They sold that property to the current owner at some point in time, and now there is plumbing and electrical, and it's not really a storage unit. It is a bedroom. MR. LETOURNEAU: It's living quarters. CHAIRMAN KAUFMAN: And it's got a kitchen and a bathroom. October 25, 2019 Page 57 MR. LETOURNEAU: And I can't say when that particular conversion was done from being a storeroom to a living area. I don't know if the new owners did it or the old owners did it. CHAIRMAN KAUFMAN: But in any case -- MR. LETOURNEAU: Some of it looks new. CHAIRMAN KAUFMAN: -- there was no permit issued to do that scope. MR. LETOURNEAU: Correct. MS. CURLEY: Can we hear from this woman? CHAIRMAN KAUFMAN: Yes. MS. PERALES: Good morning, board members. Okay. Good morning. Like I said, it was originally a storage unit, yes. Okay. We used -- we used drywall to make the living quarters. What we were -- when we talked to Jonathan, I had spoke with him. We -- Jonathan, we tore it -- we ended up tearing it down, because I didn't know we were supposed to have permits for that, so they gave us kind of like a deadline, and then we met that deadline, and we, literally, tore everything down. So it's back to its original -- original thing. It's blank. There's nothing in it. Now, when my fiancée had bought the property -- I have the paperwork here. Him and Jordan Rathamill, when he bought it from Jordan, Jordan went through Fannie Mae, and they had did a Code Enforcement -- they had got -- they had the people come out and check it. And when Jordan bought it, the two additions that Jonathan is talking about upstairs, they were already there. When Mr. Morgan, my fiancé, bought it, those rooms were already there. We didn't -- we didn't build them. They were already there. And when Jonathan explained that it was a balcony, it kind of confused me because when my fiancé bought it, it was two rooms October 25, 2019 Page 58 already. It was two rooms -- it was pretty much two rooms. MS. BOWMAN: So did you add any electrical or plumbing yourselves after the purchase? MS. PERALES: No. And, like I said, the -- Jordan Rathamill went through the Fannie Mae people, you know. I had talked to Jordan. When Jonathan had come and he took the pictures and he explained everything, you know, when I went down and talked to -- down to the Code Enforcement, when I went down there and talked to them, I had explained to them a number of times, like, I am not the homeowner. I am just the fiancée. My fiancé is incarcerated. He doesn't get out until April of next year, you know. And they had explained -- he explained -- they had explained to me that, literally, since my name is nowhere on the deed or anything, that I shouldn't have even been talked to because I'm nowhere on the paperwork, and they had told me that they didn't really recognize power of attorney. But to my understanding, when you give power of attorney to somebody, they are liable to take on whatever issues come in the direction. So, like I had said, I had talked -- I had contacted Jordan, Mr. Rathamill, whose name is on the house paperwork along with my fiancé, and I had told him, you know, listen, this is what's going on. Code Enforcement is coming at me because they're saying that these two rooms were added on, that we added them on, and, you know, what do I do here? And Jordan said, no, I went through the Fannie Mae people. They did all -- they had somebody from Code Enforcement to come out, check everything. Everything was fine. And I was like, okay, so I shouldn't have a problem, right? He's like, no, you shouldn't have a problem. If they have any questions or concerns, you can give them my number and let them deal with it. And I said okay, you know, go from there. And I said, October 25, 2019 Page 59 okay, not a problem. But, like I said, I had explained to -- you know, I've talked a number of times with Jonathan, and I had told him, like, I literally never dealt with this before, so I don't know the proper procedures. And, like I said, when the downstairs storage was built into the living quarters, it was done with drywall. It wasn't even major construction, nothing like that. It was done with drywall. And I didn't -- and to my knowledge -- I didn't know that you could -- could not not make that (sic). But now that I'm aware of the situation, like I said, we tore it down. It's tore down. It's back to its original place, and I just want to -- CHAIRMAN KAUFMAN: Do you have water in the lower unit? MS. PERALES: No. CHAIRMAN KAUFMAN: There's no toilet there? MS. PERALES: No, we took everything -- we took everything, because when I went down to the Code Enforcement, I had talked with Renald -- I talked to Renald, and he brought Jonathan down. And I had discussed, we tore it back -- we put it back to the way it was. It's -- now it's a storage, big storage now. MS. BOWMAN: Do you have any photos on your phone? MS. PERALES: I don't. I do not. I was trying to get my sister-in-law to literally send me pictures, but I do not at this time, but I can get pictures for you and, of course, I can send them to Jonathan so he has the pictures that it was brought back to the way it was. MS. CURLEY: Just a point of clarification, we just have that William Morgan owns the house. You said that somebody else owns it? MS. PERALES: There's paperwork here. It's Jordan Rathamill -- Jordan Rathamill, you know, sold it to him. And, literally, like Jonathan said, when you buy a house, whatever October 25, 2019 Page 60 problems are there, it's your problem now. But, like I said, his name is on the house along with William Morgan. It's for both -- you know, both of their names are on the deed. CHAIRMAN KAUFMAN: The previous owner of the house back in 1993 was who -- or whom? MS. PERALES: I don't know. Jordan said he bought the house in, I do believe he said 2000. I do believe he said 2000. He didn't -- he had purchased it. And like I -- like I said, he -- he said that he went through Fannie Mae. I've never heard of Fannie Mae, but he went through -- CHAIRMAN KAUFMAN: Fannie Mae's a mortgage company. MS. PERALES: Yeah. He went through Fannie Mae, and Fannie Mae went through all the steps with Code Enforcement to make sure that they could sell the house to Jordan Rathamill. CHAIRMAN KAUFMAN: Do you have any knowledge of that, Jonathan? Is there anything in the records on that? MR. MUSSE: It just shows that Mr. Morgan purchased the property on December of 2018. You said 2001? MS. PERALES: I think 2001. I have paperwork. I have, like, paperwork here. CHAIRMAN KAUFMAN: Okay. Let me make -- let's cut to the chase. MR. LETOURNEAU: Can I -- CHAIRMAN KAUFMAN: Go ahead, Jeff. MR. LETOURNEAU: Okay. Let's boil this down. There was a '93 permit -- issued or applied for, I'm not sure at this point -- for a balcony and a storage unit. Looking at the state statute, it very well could be that that doesn't need -- we can't prosecute that or whatever; however, something was converted down below. She said it's taken away. That's fine. But there's still a -- you know, whatever work was done up on that balcony. October 25, 2019 Page 61 So if you guys go through this and you find a violation, t he county's recommendation is always going to be obtain all required permits. What that means is -- the "required" is the big, you know, word right there. If the building official looks at this statute and says, well, yeah, just take away what you've done on top of the balcony and you're good to go, that's very well a possibility right there. So the county's position right now is there is a violation because, even though there was a '93 permit, there still was a lot of renovation done on both ends of this building right here. Jonathan Walsh might say, yeah, you're good with that '93 permit, the balcony can stay, and the storage can stay and you don't need to get a permit for that; however, I guarantee that he's going to say you're going to need to get a demolition permit to remove or get a permit to keep the two bedrooms up there on that balcony. MS. PERALES: Even if the balcony -- even if the rooms were already there when the house was -- MR. LETOURNEAU: Yes. MS. PEREZ: -- purchased. MR. LETOURNEAU: Yes, yes. MS. CURLEY: Did you get a home inspection? MS. PERALES: That's how he went -- Jordan said through Fannie Mae they went through -- they went through all of that. They did a home inspection. They did the Code Enforcement, you know, because under my knowledge, before you can purchase a house, like, it has to be -- not appraised -- yeah, it has to be on the up and up before you can purchase the house. MS. CURLEY: The best advice is for your fiancé to go back to the people that performed the closing for him, and then they can ask all those questions. CHAIRMAN KAUFMAN: He's in jail. October 25, 2019 Page 62 MS. PERALES: Okay. So then I need to talk to Jordan Rathamill, because he has all the proper paperwork stating that everything was up to par. MS. CURLEY: It's probably all of record in the county. CHAIRMAN KAUFMAN: We're up to the point -- MS. CURLEY: I make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. That's the point we're up to. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? Hold it. MR. SCHNECK: Just a point of clarification. I pulled up the staff analysis on the bill, and it states here that the bill provides that local governments may not penalize an arm's-length purchaser of property solely because a previous owner failed to close a building permit for the property. The local -- MS. BOWMAN: That assumes that one's open, correct? MS. CURLEY: And this isn't arm's-length. This is three arms away. MR. SCHNECK: And going through the bill, a lot of this was brought up by the real estate industry, real estate attorneys, because expired permits has been a big issue across the s tate of Florida. We encounter it with contractors. And there was an issue with the subsequent purchasers. And it's not -- a lot of the time it's not a October 25, 2019 Page 63 construction issue, but it's simply administrative, paying it and closing it out. MR. LEFEBVRE: Right. MR. SCHNECK: And that's -- the statute also defines what closing a permit out is. CHAIRMAN KAUFMAN: Okay. I have a question. Is a void permit a permit? If it was voided, it didn't exist, in my estimation. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: That's my question. MR. SCHNECK: Correct. But then there's the underlying issue of the actual work that was completed or not completed -- CHAIRMAN KAUFMAN: That doesn't answer my question. MR. SCHNECK: -- under the permit. CHAIRMAN KAUFMAN: That doesn't answer -- MS. CURLEY: I know. We're trying to -- we're not here to micromanage the county. Just like what Jeff said, if this person goes -- the homeowners go to apply for a permit, their side of the county Building Department is going to manage the law and interpret it as it should be. This is not for us to decide. CHAIRMAN KAUFMAN: Gerald? MS. CURLEY: This -- I don't even know why this permit information from '93 was included in the violation. To me it just muddies the water. MR. LEFEBVRE: There's two things: Unpermitted work that's done and permitted work that did not get closed out. The state statute only looks at work that was permitted but not closed out due to being expired. So it does not look at unpermitted permits. So if it was voided before it was issued, it's unpermitted. That's what we're looking at right now. CHAIRMAN KAUFMAN: Okay. Let's finish what we -- does a violation exist? Sue, your motion, you seconded it. All those in October 25, 2019 Page 64 favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation exists. Jonathan, do you have a solution for us? MR. MUSSE: County recommends 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 all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the storage room and balcony addition and conversion of the storage room and balcony into living space within X amount of days of this hearing or a fine of X amount of dollars per day will be imposed until the violation's abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to -- MS. CURLEY: I'll do 120 days and $100. CHAIRMAN KAUFMAN: Okay. We have a -- MS. CURLEY: Give the homeowner 120 days to figure out October 25, 2019 Page 65 what he's going to do, and then he -- MS. BOWMAN: He's incarcerated until April. MS. CURLEY: So he has access to -- he can manage that. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. One -- before we do -- a question on the motion. This looks like it's going to wind up on Renald Paul's desk to dig through it with Walsh, I guess. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: So I just wanted to bring that up. MR. LETOURNEAU: And I'm sure they're going to take a hard look at that Florida statute, too. It looks like they've got a pretty good case as far as the original balcony and storage area. CHAIRMAN KAUFMAN: Yeah. That would have to do with the getting it into compliance, not what we're voting on right now. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: Okay. Okay. We have a motion and a second. Any more discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: (No verbal response.) MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes 4-1. Okay. Good luck to you. MS. PERALES: Thank you. October 25, 2019 Page 66 CHAIRMAN KAUFMAN: We're going to take a fingers break right now for 10 minutes or so. (A brief recess was had from 10:46 a.m. to 10:56 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. We have our next case. MS. BUCHILLON: Next case would be under old business, motion for imposition of fines, and it would be No. 8, CESD20180005831, Luis D. Diez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This case is in reference to CEB Case No. CESD20180005831. Violations: Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Location: 5300 32nd Ave Southwest in Naples, Florida; Folio 36456800006. The description of the violation was an unpermitted structure on improved, occupied residential property. Past orders: On January 24th, 2019, 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, OR5603, Page 2103, for more information. On May 23rd, 2019, the Code Enforcement Board granted a continuance. See the attached order of the record under documents and images for more information. The violation has been abated as of August 12th, 2019. Fines have accrued at the rate of $200 per day per the period from May 25th, 2019, to August 12th, 2019, a total of 79 days, for a total fine amount of $15,800. October 25, 2019 Page 67 Previously assessed operational costs in the amount of $59.70 have been paid and, as of today, previously assessed operational costs of $59.42 have been paid, so that's a correction from the sheet that you're looking at. The operational costs for today's hearing would be $59.63. For the total amount, that differs from the amount that you see, would be $15,859.63. CHAIRMAN KAUFMAN: Okay. Good morning. Could you state your name on the microphone for us, please. MS. DIEZ: Good morning. Dalias (phonetic) Diez. CHAIRMAN KAUFMAN: Okay. So the violation has been abated. MS. DIEZ: It is. It's everything done. I have all my certifications here. But we couldn't finish on time because, you know, we have that fine because they reject my project, like, two times saying -- we work hard to finish it, but -- and we did it finally. CHAIRMAN KAUFMAN: And you're here to request? MS. DIEZ: Please. CHAIRMAN KAUFMAN: What? MS. DIEZ: Please. CHAIRMAN KAUFMAN: No, you're not here to request please. You're here to -- MS. DIEZ: Yes. CHAIRMAN KAUFMAN: You want the fines abated? MS. DIEZ: Yes. CHAIRMAN KAUFMAN: Okay. Okay. Any comments, motions from the Board? (No response.) CHAIRMAN KAUFMAN: I make a motion that the fines be -- the county's request for the fines be denied. MS. ELROD: Second. October 25, 2019 Page 68 CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Your fines have been abated. MS. DIEZ: Thank you so much. MS. PEREZ: Thank you, board members. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 9, CESD20180011522, Favian Rodriguez and Caridad Salceiro. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you both state your name on the microphone for us, please. MS. RODRIGUEZ: My name is Roxanna Rodriguez, and that's my mom. MS. SALCEIRO: Caridad Salceiro. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read this into the record. MR. MUCHA: Well, for the record, Joe Mucha, supervisor with Collier County Code Enforcement. I think they're going to want to make a request. I don't know if you want me to read this in or we want to discuss the case a little bit. CHAIRMAN KAUFMAN: I'm looking at the case real quickly. October 25, 2019 Page 69 Unless there's been an update, that the violation has not been abated; is that correct? MR. MUCHA: Yes. The only issue -- there was four issues. One issue's been taken care of, and that was the voided permit for the fence. The fence is now permitted. The fence is good to go. We still have three other items that need to be permitted. One of the items, which was, like, a side -- I guess -- I call it a carport, like a little overhang on the side of the property they say they're going to remove. That needs to go. And then I guess they're ready, according to them, to submit for permits for the two other items. This is my first time talking to them in several months, so this is all kind of news to me. I mean, I wish I could have talked to them before today, but... CHAIRMAN KAUFMAN: Okay. Did you have a chance to talk to them before the meeting at all? MR. MUCHA: Yes, yes, a little bit before the meeting. That's why I said, you know, maybe they should ask for some additional time. CHAIRMAN KAUFMAN: Okay. Why don't you let us know what you have on your mind. They've been sworn, right, Terri. THE COURT REPORTER: Yes. MS. RODRIGUEZ: Okay. So one of the problems was -- sorry, this is my first time. MR. MUCHA: I've also dealt -- she has an older daughter that, I guess, couldn't be here. MS. RODRIGUEZ: My sister was -- MR. MUCHA: Yeah, basically, your sister's been handling everything. MS. RODRIGUEZ: Yeah. And this is my first time. MR. MUCHA: She's had some sort of medical issue that, from October 25, 2019 Page 70 what she was telling me -- MS. RODRIGUEZ: Yeah, that's why she couldn't come. MS. CURLEY: You're doing fine. Just tell us what you want to say. MS. RODRIGUEZ: So I know one of the problems was the side roof, right, and we already took that down, but we left three panels, and it's because I have dogs, so we left them, so -- I don't know, for shelter for the dogs. I don't know how to explain it. Then the other was a roofing in the back, right? MR. MUCHA: The porch. MS. RODRIGUEZ: The porch, yeah, which that was already resolved, yeah, so... MR. MUCHA: No, that hasn't been resolved, because that's one of the items that you need to permit for. CHAIRMAN KAUFMAN: Why don't we take this one item at a time. MR. MUCHA: Okay. Sure. CHAIRMAN KAUFMAN: You've got four items. Item that was taken care of is? MR. MUCHA: The fence is done. CHAIRMAN KAUFMAN: Done. MR. MUCHA: Off the table. CHAIRMAN KAUFMAN: Now we have three items. Pick one. MR. MUCHA: So you have the expired permit for the porch that I guess, according to your sister when I spoke with her today, that your mother needed a survey, and now you guys have the survey. MS. RODRIGUEZ: Yeah. MR. MUCHA: That's one of the items that hopefully this following week we can meet, and I'll take you guys down to Renald and hopefully we can get that permit going again. October 25, 2019 Page 71 MS. RODRIGUEZ: Yeah. I thought we already had the person come, and then -- we had a person come, and they already did the extensions -- MS. CURLEY: Inspections. MS. RODRIGUEZ: Exp -- I can't say that word. MS. CURLEY: Inspections. CHAIRMAN KAUFMAN: Could you move the microphone a little bit closer to you. I can't hear well. MS. RODRIGUEZ: The exp -- okay. That word. CHAIRMAN KAUFMAN: Let me cut to the chase. How much time do you need to get everything done? MS. RODRIGUEZ: Like, two months. CHAIRMAN KAUFMAN: So you need 60 days to get it done. Does that seem logical to you, Joe? No. MR. MUCHA: I don't know. CHAIRMAN KAUFMAN: How much time do you think they need? MR. MUCHA: I think we should maybe start with 90 days, and then kind of go from there. CHAIRMAN KAUFMAN: Go from there. MR. MUCHA: I want to get this thing put to bed once and for all. And I've tried. I've met with the sister down with Renald. We've met a couple times, and I'm hoping that maybe this will be the last time they have to. CHAIRMAN KAUFMAN: Okay. So you're asking for 90 days, right? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Yes, okay. MS. ELROD: I make a motion we grant the 90 days. CHAIRMAN KAUFMAN: Okay. We have a motion to grant the 90-day -- yes? October 25, 2019 Page 72 MR. LEFEBVRE: Continuance or extension? CHAIRMAN KAUFMAN: Continuance. MS. ELROD: Continuance. CHAIRMAN KAUFMAN: Continuance, okay. We have a motion to grant a 90-day continuance. Do we have a second? MR. LEFEBVRE: Yes, second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. Take your choice. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 90 days, more than 60, to get it done. If you don't get it done, get ahold of Joe, and you -- MR. MUCHA: Please have your sister call me. MS. RODRIGUEZ: All right. CHAIRMAN KAUFMAN: Okay. MS. SALCEIRO: Thank you. MS. RODRIGUEZ: Thank you. MR. MUCHA: Thank you. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 11, CESDSD20170016853, Guixian Wu. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you both state your name on the microphone for us. October 25, 2019 Page 73 MR. REISMULLER: Helmut Reismuller. H-e-l-m-u-t, and Reismuller is R-e-i-s-m-u-l-l-e-r. CHAIRMAN KAUFMAN: Exactly how I would have spelled it. MR. REISMULLER: I know. MS. WU: My name is Guixian Wu. CHAIRMAN KAUFMAN: Your name is easier for me. Okay, Joe. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is probably going to be another one where we're going to need -- they're going to make a request here. Basically, we have a permit. This was for a mobile ho me that was damaged after the hurricane. Permit has been inspected. It's good to go; however, there is one condition for the permit that needs to be met, and I think there was some confusion. One of the conditions is that they have to provide -- MR. REISMULLER: Yes. MR. MUCHA: -- an engineer or a mobile home inspector to certify the work that's been done. So I think they're a little bit confused about that. I'm actually a little bit confused about that, too. So I'd like to -- and this is my first time meeting them. MR. REISMULLER: We was talking on the phone two or three times. MR. MUCHA: Not to me. Someone else. But I want to take them personally down with Renald, and hopefully we can figure out exactly what they need to close out this permit. CHAIRMAN KAUFMAN: Okay. So do you have any idea how much time they're going to be asking for? MR. REISMULLER: We can go whenever you want. MR. MUCHA: No. I said next week, we can go. October 25, 2019 Page 74 MR. REISMULLER: Sorry. The issue is this: I was calling in Naples a lot of engineers that they look -- we removed four beams and replaced the four beams, and everybody was telling me the job is too small. We are not coming. Then I was calling in Fort Myers, what was the -- mobile home inspector, and he told me I don't have to do it. And then I was looking at the paperwork I have, and it says, very clear, structure is not regulated by Florida Building Code. CHAIRMAN KAUFMAN: Okay. This comes up from time to time. When it's a vehicle that can go on the road or can be moved, that falls under different rules. If it's -- like the mobile parks have it, it's a stationary mobile unit, that's a different set of rules. I don't make that decision. That would be Walsh or -- MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: So how much time do we think we need for this one to get resolved one way or the other? MR. MUCHA: Maybe let's do 60 days so -- just in case he does have to go find an engineer. CHAIRMAN KAUFMAN: Okay. But that will be worked out between the respondents, Renald Paul, and Mr. Walsh. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So you don't know if it's registered with the DMV? MR. MUCHA: I have no idea, to be honest with you. MS. CURLEY: Do you? MR. REISMULLER: No, I don't know. CHAIRMAN KAUFMAN: That's why we're doing 60 days, if someone would like to make that motion. MS. ELROD: I'll make a motion to continue for 60 days. CHAIRMAN KAUFMAN: Okay. We have a motion for a October 25, 2019 Page 75 continuance of 60 days. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have 60 days. You'll get it all figured out, I'm sure. MR. REISMULLER: I go today down to the other office. Thank you very much. CHAIRMAN KAUFMAN: Thank you. MR. MUCHA: Thank you. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 3, CESD20160015155, Thomas Avila Reyes. (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: Good morning, board members. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Cristina Perez, Collier County Code Enforcement. Mr. Reyes is present here this morning. The violation has not yet been abated, and I believe he would like to discuss his situation with you. MR. REYES: Unfortunately, the building should have been done by now. I ran into some financial matters with the business, and that's why I have not been able to continue -- or finish the property. CHAIRMAN KAUFMAN: Could you move the microphone up a little so we can hear you better, okay. And how much time do you need to -- October 25, 2019 Page 76 MR. REYES: I'm asking for nine months. I have an ongoing -- I have a situation with a lawyer so I can get paid for previous jobs that I've done. That's the reason I've been in this financial matter. I can't finish it. CHAIRMAN KAUFMAN: I'm looking at the description of the violation. It says, extensive remodeling in progress including plumbing, electrical, interior drywall replace, and studs removed without permits. What's been done? What's not been done? MR. REYES: So right now all the studs have been done, the roof. I haven't covered the roof. It just has the paper on it right now. I'm missing windows, so I can get the frame and inspections done, and just get the drywall up and go from there. CHAIRMAN KAUFMAN: So it's not dried in yet? MR. REYES: No. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MS. CURLEY: How long has it been like this? MR. REYES: About a year. I ran into issues. We met last year in November. I ran into issues getting paid in beginning of December and then again in late April. And I had to use all my money to fund the project, so that's why I'm in this predicament right now. CHAIRMAN KAUFMAN: You say "getting paid." Getting paid from whom? MR. REYES: From the contractor who I did the work for. Up until right now I'm owed about $200,000. MS. CURLEY: I'm confused. Are you talking about the contractor that did the work for -- MR. REYES: No, no, no. I'm talking about for my business. MS. CURLEY: Another job. MR. REYES: Yeah, which is the reason that I've had to use my own money to, you know, pay my workers and stuff, and I haven't October 25, 2019 Page 77 had the funds to finish the project, which is the property with the remodeling and the addition. CHAIRMAN KAUFMAN: This property is yours? MR. REYES: Yes. MS. CURLEY: Are you living there? MR. REYES: Not at the moment. MS. CURLEY: I make a motion to extend six months. MS. ELROD: Extend or continue? CHAIRMAN KAUFMAN: Extend or continue? MS. CURLEY: I make a motion to extend six months. CHAIRMAN KAUFMAN: Okay. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody else want to make a motion? MR. LEFEBVRE: Make a motion to continue for six months. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Six months. Hopefully you'll hit the lottery or whatever -- MR. REISMULLER: Yes, sir. CHAIRMAN KAUFMAN: -- and be able to go through this. MS. CURLEY: The fines keep accruing now on this. October 25, 2019 Page 78 MR. REYES: Yeah, I understand. CHAIRMAN KAUFMAN: I would suggest that at some point in time if you can't meet the six-month date that you come back and provide us with a progress report of what has been done. MR. REYES: Okay. CHAIRMAN KAUFMAN: Because all we see here is the same situation for -- MR. REYES: Yeah. I mean, I've done inspections in June. I had inspections done in June. CHAIRMAN KAUFMAN: Okay. MR. REYES: I've done -- I've had four. I've electrical, plumbing, A/C. Two of those failed, which I have gotten corrected. I just need to get them reinspected. CHAIRMAN KAUFMAN: Okay. Well, you have six months. That should get you a good start on getting it all done. MS. CURLEY: Good luck. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Next. MS. BUCHILLON: Next item on the agenda under hearings, No. 17, CEPM20180014737, William J. Forte, Junior. Respondent not present. He was notified certified mail October 3rd, 2019, and the property was posted, and the courthouse, September 28th, 2019. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning, sir. THE COURT: Let the record show the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay, John. MR. JOHNSON: For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEPM20180014737 dealing October 25, 2019 Page 79 with violation of Collier County Code of Laws and Ordinance, Chapter 22, Article VI, Section 22-228(1) and compliance with housing standards, Chapter 22-231, Article 12, Section N, as in Nancy. Specifically, an accessory structure, in this case a boat dock, is in need of repair or demolition. Located at 2948 Orange Street, Naples, Florida, 34112; Folio No. 298307060009. Service was given on January 31st, 2019. I would now like to present case evidence in the following exhibits. CHAIRMAN KAUFMAN: How many pictures, photos, whatever? MR. JOHNSON: Multiple photos. I've got some permit copies. I have some other things that are all public record -- CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: -- ready to be shown. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the exhibits. MS. BOWMAN: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 25, 2019 Page 80 MR. JOHNSON: Just waiting for my assistant. Here we go. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: This is a Property Appraiser aerial. This is just showing the location of this property, Orange Street. In case you're not aware, it's off of Becca near the Food Truck Park in Bayshore. CHAIRMAN KAUFMAN: Could you go back there one shot? Now, there's a boat dock in question here? MR. JOHNSON: Yep, right where he's pointing where those two boats are. There's a boat dock there. You kind of can't see it as well because of the yellow highlight. CHAIRMAN KAUFMAN: Oh. I was looking for the water. I hadn't seen that. MR. JOHNSON: Okay. Next, a copy of the building determination from Mr. Jonathan Walsh that confirms a violation and that requires proper permitting to correct the violation. Next is copy of the permit issued to White General Constructors (sic) Inc., PRBD2019020596401, to rebuild the block that was approved on February 19th, 2019. Next is White General Contractors state employer identification number, 59-3573500. He is active. CHAIRMAN KAUFMAN: Jeff, can you make those bigger, the -- you don't have to do it right now, but -- MR. JOHNSON: That's my fault because I'm landscape. I should have had them the other way. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: It's just to confirm that the contractor is licensed and active. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Seven dated photographs taken by me showing the condition of this dock between December 2018 and October 25, 2019 Page 81 August 2019. CHAIRMAN KAUFMAN: Are we looking at metal there or wood? MR. JOHNSON: It's wood. I think, Jeff, if you do edit, or view -- if you click on view up top there and -- let's see. MR. LETOURNEAU: Minimize it a little bit or -- MR. JOHNSON: You can do, you know, full page where it fills the page with just the picture. MS. CURLEY: What is that wood? Is that wood that's broken and floating in the water? MR. JOHNSON: It's not floating, but it is broken, and it is hanging down. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Yeah, there you go. You'll get it. So as you scroll through, you can see, you know, work has progressed. And if we continue to scroll on the pictures, you will see over the stated time that the dock is near completion. CHAIRMAN KAUFMAN: Cool. MR. JOHNSON: Next is a copy of a letter dated August 30th, 2019, from Collier County Growth Management titled "expired application notice," which includes the language -- and this is, by the way, to White General Contractors -- includes the language "based on the provisions of the Florida Building Code, if no action has been taken by September 29th, 2019, your permit will be set to abandoned for lack of progress or abandonment." Next is a copy of the fees for this permit, because I was looking for possible reasons what was behind this abandonment, and below that is a copy of -- again, this is from CityView. This is all public record -- a copy that it is -- the status of this permit is abandoned. And then, finally, is a copy of the open conditions on this permit indicating the requirements of a spot survey and the requirement of October 25, 2019 Page 82 obtaining longshoreman insurance. So what you've seen here is a dock was in need of repair, a permit was approved, work was done, but now the permit has been declared to be abandoned. And, actually, since he never completed the requirements here, especially the longshoreman insurance, then it was marked abandoned. I did not have contact with the contractor for the last two months, and Mr. -- his name is Phil White, and he's always gotten back to me. I've monitored this case, obviously, as you can see. And he was actually -- I talked to him this morning on the way over here. He's in Bradenton. He's aware of the situation, and he believes that he can -- well, he already has a meeting scheduled with Mr. Walsh to resolve this. The issue of -- could you scroll that up just a hair, sir. The issue of -- that's down. Could you go the other way. MR. LETOURNEAU: No. This is -- MR. JOHNSON: Thank you. The longshoreman insurance required seems to be a sticking point since, apparently, the state does not require it but the county may. So that's -- but he has it. He's got it now. So one way or the other he's going to resolve this. He thought he would have it done within 60 to 90 days. The owner for this property is in very bad health. He is assisted by -- someone has to be with him all the time. He was unable to attend today. I asked to try to get a representative here, but he was unable to attend. So -- but, basically, this falls on -- now this will fall back onto the contractor, and I think he's going to resolve it within 60 to 90 days. CHAIRMAN KAUFMAN: Okay. So for us, first thing we need to do is find out whether a violation exists. October 25, 2019 Page 83 MR. LEFEBVRE: What violation exists? Is it a damaged boat dock, or is it lack of having a permit? MR. JOHNSON: The violation is actually property maintenance. One of the -- one of the ordinances for property maintenance say you have to maintain the property the way in which it was designed. So that was the violation. The correction to the violation, though, requires permitted work to correct it. And that's why Code Enforcement took this on, because before there was even a contractor involved, we had a prope rty that needed maintenance. So that's Code Enforcement. Once I served the notice, the owner hired a licensed contractor, and I just continued to monitor the case hoping that it would come to a conclusion, or the permit, I should say. MR. LETOURNEAU: So it's still a property maintenance issue, basically? MR. JOHNSON: Right. MS. CURLEY: So the -- but the contractor's four counties north and not in a hurry to finish this man's job? MR. JOHNSON: The contractor is -- yes, he's in Bradenton. He will be here on Monday or Tuesday. He's completed a job up there for state, and he will be here Monday or Tuesday. And he is meeting with Jonathan Walsh this coming week to resolve whatever he has to do on this issue. He's still a little disappointed about this longshoreman's insurance because he doesn't think it's required, but the county does require it on marine work. MR. LEFEBVRE: When is this picture dated, this picture up there now? MR. JOHNSON: If he could scroll down just a hair, it might show up. There we go. MR. LETOURNEAU: Top. MR. LEFEBVRE: Were they all the same date? October 25, 2019 Page 84 MR. JOHNSON: No, no, no. These were in sequence from December 2018 up until a month or two ago. It's still looks likes this. MS. CURLEY: I mean, to your point, it's not this homeowner's responsibility to manage this contractor's -- you know, his status, and it's unfortunate that because he has a disagreement about some insurance or something it's not on our plate today that this homeowner and this ill person is not having their work completed. CHAIRMAN KAUFMAN: The Code Enforcement goes after the owner of the property. The property is the homeowner's responsibility. MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: And what I want to know is, does a violation exist, regardless of what the contractor is doing or not doing? MR. LETOURNEAU: We discussed this case at length yesterday. With the information we had -- because Mr. Johnson was not able to talk to the property owner or the contractor for an extended period of time, we looked at the permit. It was expired, and there was a 260-some dollar fee still owed. So we assume there was an issue between the homeowner and the contractor with the fee. Having spoken to the contractor this morning, obviously, the insurance was the main stick ing point, correct? MR. JOHNSON: Correct, sir. MR. LETOURNEAU: And that's why we brought it here today, because we thought, you know, the owner wasn't paying the contractor, so, you know, it was the owner's responsibility. Ultimately, at this point it still is the owner's responsibility. CHAIRMAN KAUFMAN: Right. And -- MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: -- my question continues to be, does October 25, 2019 Page 85 a violation exist? MR. LEFEBVRE: I make a motion a violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? So a violation exists. And you have a suggestion for us? MR. JOHNSON: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of -- and I don't have that dollar amount. MS. BUCHILLON: 59.28. MR. JOHNSON: -- $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining all required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy for the repair or demolition of this boat dock within X amount of days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated. Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at filling in the blanks? MR. LEFEBVRE: Did he tell you how much longer he has, once he gets here, to finish the job? MR. JOHNSON: His concern is just with the logistics of the October 25, 2019 Page 86 permit. Actually, the work, in his mind, is done but, of course, the inspections are not done. He told me he thinks he can have it done in 30 to 60 days. I mean, if I'm allowed to recommend, I would say recommend at least 60 or 90 days, because the work is done. MR. LEFEBVRE: All right. I'll make a -- MS. CURLEY: Make it short. CHAIRMAN KAUFMAN: Make a stab. MR. LEFEBVRE: Pay within -- the operational costs of 59.28 within 30 days, 90 days, or $100-a-day fine. CHAIRMAN KAUFMAN: Okay. 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. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Next item on the agenda, No. 22, CES20190008119, Naples/Davis Boulevard LP. Respondent was notified certified mail October 3rd, and it was also posted at the property and courthouse October 3rd. October 25, 2019 Page 87 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MARCHAND: Good morning, board members. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. And do you have any exhibits for us? MR. MARCHAND: Yes. For the record, Investigator William Marchand, Collier County Code Enforcement. This is in reference to Case No. CES20190008119 dealing with violation of Collier County Land Development Code 4-41, as amended, Section 5.06.11(A)(1). Observed an altered plaza sign without a Collier County permit. Located at 6350 Davis Boulevard, Naples, Florida, 34119; Folio No. 401960008. Service given on July 25th, 2019. I would now like to present case evidence in the following exhibits: Two photos taken on July 8th, 2019, by myself, and one photo taken on October 24th, 2019, by myself. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the photos. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. October 25, 2019 Page 88 MR. MARCHAND: I received this case on July 5th, 2019, from a business owner in the area. I made a site inspection on July 8th, 2019, where I observed the damaged plaza sign with the roof broken off on the ground. I then spoke to Thomas Corrollo (phonetic) from Naples/Davis Boulevard Limited Partnership and informed him of the violation with the plaza sign. He informed me he would fix the sign roof, and I again made a site inspection on July 22nd, 2019, where I observed the sign had been cleaned but the sign roof was gone. I then spoke to Mr. Corrollo, and he told me that he was going to leave the sign as it was and not put the roof back on. I later met with county plans reviewer for signs who informed me that since the sign had been altered from its original state, a new permit would need to be issued. I then informed Mr. Corrollo and made a personal service with the notice of violation on July 25th, 2019. As of October 24th, 2019, a permit has not been issued or applied for. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 25, 2019 Page 89 So a violation exists. And you have a solution for us? MR. MARCHAND: Yes. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 occurred (sic) in the prosecution of this case within 30 days, and abate all violations by: One, obtaining all required Collier County building permit or demolition permit, inspections, and certificate of completion for the altered plaza sign within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement 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: I personally don't see anything wrong with the sign that they have there except it needs a permit to change it from what it was to what it is. MR. MARCHAND: Correct. CHAIRMAN KAUFMAN: And somebody -- probably one of the tenants there is the one who's concerned about the sign. MS. CURLEY: Well, it may have been an architectural thing. It could be a certain neighbor that requires it to have that same roofline matching the building. CHAIRMAN KAUFMAN: Yep. MS. CURLEY: There's a lot of things that it could be. CHAIRMAN KAUFMAN: I agree. MS. CURLEY: So I'll fill the blanks: 90 days, $100. CHAIRMAN KAUFMAN: Okay. Ninety days, $100, with 59.28 paid within 30 days. I get a second on the motion? October 25, 2019 Page 90 MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARCHAND: Thank you. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 1, CEPM20180011461, Graciela Gonzales. Respondent was notified certified mail October 3rd, and it was also posted at the property and courthouse October 2nd. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show respondent is not present. Chris? MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Code of Laws and Ordinances, Section 22-242 and 22-231(12)(i). Location: 1019 Ringo Lane, Immokalee, Florida; Folio No. 79040004. Description of violation: Unsecured dwelling, open side door and missing and/or -- missing and/or broken windows on unoccupied residential property. Past orders: On May 23rd, 2019, the Code Enforcement Board October 25, 2019 Page 91 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, OR5639, Page 2143, for more information. The violation has been abated as of July 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from June 23rd, 2019, to June -- I'm sorry. Excuse me -- July 26th, 2019, 34 days, for a total fine amount of $6,800. Previously assessed operational costs of $59.77 -- previously assessed operational costs of $59.27 have been paid. Operational costs for today's hearing: 59.35. Total amount: $6,859.53. CHAIRMAN KAUFMAN: Have you been in contact with the respondent. ? MR. AMBACH: I have not personally. My staff has. CHAIRMAN KAUFMAN: Is there any -- MR. AMBACH: She wrote a letter. Do you have a copy of that letter? I received it -- MR. LETOURNEAU: I think so. Hold on. MR. AMBACH: Letter is asking for a waiver of the fines. She ran over by 34 days. She opted to demolish instead of repair. MS. CURLEY: Is this a mobile home? MR. AMBACH: It is, yes. MS. BOWMAN: And there were proper permits for that, right? MR. AMBACH: Yes, that was -- it was a legal mobile home. She just -- it was easier for her to remove it and not deal with trying to fix everything. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Yeah. I'll make a motion to deny the county's request for fines. October 25, 2019 Page 92 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. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Chris. MR. AMBACH: Thank you. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 4, CESD2019002150, Kirill Guminskiy. Respondent was notified certified mail October 3rd, and it was also posted at the property and the courthouse October 3rd. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay, Chris. MR. AMBACH: Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-4, as amended, Section 10.02.06(B)(1)(a). Location: 3315 16th Avenue Southeast, Naples, Florida; Folio No. 4099212010. Description: Expired new construction permits PRWL20180102898, PRBD20160621813, and PRROW20160621820. Past orders: July 25th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to October 25, 2019 Page 93 correct the violation. See the attached order of the Board, OR5661, Page 3497, for more information. The violation has not been abated as of October 25th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period between September 24th, 2019, to October 25th, 2019, 93 days, for a total fine amount of $23,250. Fines continue to accrue. Previously assessed operational costs of $59.56 have not been paid. Operational costs for today's hearing: $59.21. Total amount: $23,368.77. MR. LETOURNEAU: Are we looking at the same piece of paper here? I might have the wrong one up. MR. AMBACH: 2150, case number? MS. CURLEY: Guminskiy. MR. LEFEBVRE: There's two of them. MR. AMBACH: Right. I have two. One is -- MR. LETOURNEAU: I thought we were doing 2150. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: So I think, Chris, I might have read 2191. MR. AMBACH: I have 2150. MS. CURLEY: No, he did 8,118.77. MR. LETOURNEAU: He did? I'm sorry. I thought he said 93 days for $23,000. MR. LEFEBVRE: That's what I heard. MR. LETOURNEAU: Yeah, that's what I heard. MR. AMBACH: And that's -- that is what I read. I have something that looks completely different than what you have on your screen here. So if you'd like me to start over, I can read what's on the screen. October 25, 2019 Page 94 MR. LEFEBVRE: I think everything was accurate except for you said fine and costs to date as follows. And when was the violation to be abated by, or it has not been abated as of today, correct? MR. AMBACH: Oh, it's definitely not abated as of today, no. MR. LEFEBVRE: So then the only thing that was not correct was the fines and costs to date. MR. AMBACH: The amount, yes. MR. LETOURNEAU: I believe that the 8,000 total is the correct total. MR. AMBACH: Okay. Do you want me to read that section? MR. LETOURNEAU: Yeah, read that -- read starting at fines and costs to date are as follows. MR. AMBACH: Sir, yes, sir. Fines have accrued at a rate of $250 per day for the period from September 24th, 2019, to October 25th, 2019, 32 days, for a total fine amount of $8,000. Fines continue to accrue. Previously assessed operational costs of $59.56 have not been paid. Operational costs for today's hearing: $59.21. Total amount: $8,118.77. CHAIRMAN KAUFMAN: Okay. Have you been in contact with the respondent? MR. AMBACH: No. MS. CURLEY: I'll make a motion to impose the county's fine of $8,118.77. CHAIRMAN KAUFMAN: I had a couple of questions before we do that. MS. CURLEY: Well, the motion can still be out there. CHAIRMAN KAUFMAN: What? I didn't know you were the chairman now. October 25, 2019 Page 95 MS. CURLEY: No, I just said the motion -- CHAIRMAN KAUFMAN: I call for those. So you have not been in contact with them? MR. AMBACH: We were in contact with the gentleman at one point several months ago before it went to hearing on the second case, the case that you're going to hear in a minute, with regards to the condition of the property, the trash, the litter, oil containers, et cetera. He did abate part of that by removing the oil and the other contaminants, but then he dropped off the face of the earth. He didn't continue. So I have no contact with him. I don't know why he's not pursuing the permits that were started in 2016, and I do not know why he stopped cleaning up the property. CHAIRMAN KAUFMAN: So the three permits are there. One's a right-of-way, and the other is to build a house. MR. AMBACH: To build a house and the well. CHAIRMAN KAUFMAN: Okay. Sue, go. MS. CURLEY: Well, I remember this case because we gave a very small window to comply because of the conditions of the property. So we don't have like -- we don't have anybody here to speak to this about, so I make a motion to gran t the county $8,118.77. CHAIRMAN KAUFMAN: Okay. So -- MR. LEFEBVRE: I second that motion. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? October 25, 2019 Page 96 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. While you're in the area, Chris. MS. BUCHILLON: Next item, No. 5, CENA20190002191, Kirill Guminskiy. He was also notified certified mail October 3rd, and posted at the property and courthouse October 2nd. CHAIRMAN KAUFMAN: Record show that the respondent is not present. Okay, Chris. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County supervisor, Code Enforcement. Violations: Collier County Code of Laws and Ordinances, Section 54-181. Location: 3315 16th Avenue Southeast, Naples, Florida: Folio No. 40992120100. Description: Construction trash and materials not contained, to include, but not limited to, wood scraps, plastic scraps, buckets, metal, drums, construction debris, household junk, trash, and debris. Past order: On July 25th, 2019, 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 OR5661, Page 3499, for more information. The violation has not been abated as of October 25th, 2019. Fines have accrued -- fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 10th, 2019, to October 25th, 2010, 77 days, for a total fine amount of $7,700. Fines continue to accrue. Previously assessed operational costs of $59.63 have not been paid. October 25, 2019 Page 97 Operational costs for today's hearing: $59.21. Total amount: $7,818.84. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: Make a motion to -- MS. BOWMAN: Motion to -- MR. LEFEBVRE: Go ahead. MS. BOWMAN: Make a motion to deny the county's -- no, wait. CHAIRMAN KAUFMAN: Use the I word. MS. BOWMAN: Oh, to grant, sorry. CHAIRMAN KAUFMAN: To impose. MS. BOWMAN: To impose the fines -- CHAIRMAN KAUFMAN: There you go. MS. BOWMAN: -- of $7,818.84. MS. ELROD: Second. MS. BOWMAN: Sorry. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. AMBACH: Thank you. MS. BUCHILLON: The next item on the agenda, No. 10, CEPM20180012992, Elaine M. Kostka. Respondent was notified certified mail October 3rd, and the property was also posted at the October 25, 2019 Page 98 courthouse on October 2nd. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, supervisor of Collier County Code Enforcement. This is dealing with violations of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and 22-231(12)(C). Violation location: 211 Ocean Reef Lane, Naples; Folio 81624520008. Description: Description of the violation is damages including, but not limited to, the roof, framework, and siding of a mobile home. The home was identified as being substantially damaged after Hurricane Irma. Past orders: On February 28th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6507, Page 522, for more information. Violation has not been abated as of October 25th, 2019. Fines and costs to date are as follows: $100 per day from the period April 30th, 2019, to October 25th, 2019, 179 days, for a total fine amount of $17,900. Fines continue to accrue. Previously assessed operational costs of $59.63 have not been paid. Operational costs for today's hearing: $59.28. Total fine amount of $18,018.91. And just to put it out there, abandoned property. It's in foreclosure. Yeah, that's what it is. CHAIRMAN KAUFMAN: Anybody want to make a motion? MR. LEFEBVRE: Make a motion to impose the fines. CHAIRMAN KAUFMAN: We have a motion. October 25, 2019 Page 99 MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thank you, Terri. Thank you, Helen, Jed, Jeff, our expert on the computer. MR. LETOURNEAU: A work in progress. CHAIRMAN KAUFMAN: Next meeting is what date? MS. BUCHILLON: November 22nd. CHAIRMAN KAUFMAN: On a Thursday. MS. BUCHILLON: Yes, sir. No, on a Friday. MR. LEFEBVRE: Friday. CHAIRMAN KAUFMAN: I suggest that when we have the meetings on a Friday, you know, when we go along Thursday, Thursday, Thursday, and you come up with a meeting on a Friday, maybe we send out a little note. When you send out the agenda -- I know it has the date on there, but in bigger letters say, it's Friday, folks. Okay? MS. BUCHILLON: Okay, I will. CHAIRMAN KAUFMAN: Very good. MS. BOWMAN: Helen, I will be absent that day, for the next meeting, just so you know. October 25, 2019 Page 100 MS. BUCHILLON: Okay. MS. CURLEY: Motion to adjourn. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We are adjourned. ***** October 25, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :55 a.m. CODE NFO ' ' MENT BOARD II.Wr#A4 itaBERIOPTFMAN, CHAIRMAN • These minutes approv y the Board on A f )02,4.6 ?Zi awl as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. 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