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CEB Minutes 11/22/2019November 22, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 22, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Sue Curley Kathleen Elrod Ron Doino Herminio Ortega Chloe Bowman (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 November 22, 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 1. CASE NO: CESD20180008044 OWNER: Paul A Burcky and Cathleen T Burcky OFFICER: Latoya Thompson 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). Allowed numerous permits to expire and installed irrigation system, new windows, and a cupola on the roof without obtaining required Collier County permits. FOLIO NO: 26480720007 PROPERTY 4425 North Rd, Naples, FL ADDRESS: 2. CASE NO: CEPM20180013070 OWNER: Kathleen Valenta ET AL OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Sections 22- 228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i) and 22- 231(15) and Florida Building Code, Sixth Edition (2017), Chapter 4, Section 454.2.17. Mobile home in disrepair with vehicle damage to include, but not limited to, exterior walls, roof and windows. Swimming pool water not being maintained and pool covering in place has deteriorated. Pool will also need a permanent barrier, temporary fence in place at this time. FOLIO NO: 49582200004 PROPERTY 5 Derhenson Dr, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CESD20180011094 OWNER: 11724 QUAIL VILLAGE WAY TRUST OFFICER: Delicia Pulse 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 to interior including but not limited to: structural, drywall, cabinetry, electrical and plumbing and no Collier County Building permit obtained. FOLIO NO: 00184680003 PROPERTY 11724 Quail Village Way, Naples, FL ADDRESS: 2. CASE NO: CESD20190007841 OWNER: Fidencio Mireles and Yadira Mireles OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations/additions to the home without permits. FOLIO NO: 25967802326 PROPERTY 14744 Apalachee St, Naples, FL ADDRESS: 3. CASE NO: CELU20190009461 OWNER: CONECO REALTY LLC OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.03. Outdoor seating at the Broken Watch, tables, chairs, umbrellas not permitted under current site development plan. FOLIO NO: 152480002 PROPERTY 13510 Tamiami Trl N, Naples, FL ADDRESS: 4. CASE NO: CESD20190001689 OWNER: 1652 AVONDALE STREET LLC OFFICER: Eric Short VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), 10.02.03 and 10.02.06(B)(1)(a). Parking vehicles in undesignated parking areas and displaying more than the three vehicles for sale as specified by Site Improvement Plan 2000-001. FOLIO NO: 22720960000 PROPERTY 1652 Avondale St, Naples, FL ADDRESS: 5. CASE NO: CESD20190006958 OWNER: Tara Crete OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Altered lower level by adding cabinets and kitchen sink and converted laundry room to bathroom. FOLIO NO: 69600080005 PROPERTY 2531 Estey Avenue, Unit A2, Naples, FL ADDRESS: 6. CASE NO: CESD20190009611 OWNER: Tammy L Desormeau OFFICER: Daniel Hamilton 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). Screen enclosure addition and shed built without permits. FOLIO NO: 25967800784 PROPERTY 14657 Apalachee ST, Naples, FL ADDRESS: 7. CASE NO: CENA20190006324 OWNER: Yaisel Mendieta OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Observed large man-made piles of vegetation. FOLIO NO: 41105240009 PROPERTY 1261 Desoto Blvd South, Naples, FL ADDRESS: 8. 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: 9. CASE NO: CESD20190007370 OWNER: Edward A Cruey Jr and Juanita S Cruey OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Shed with overhang on property without permit. FOLIO NO: 26081040005 PROPERTY 177 N Lopez Ln, Chokoloskee, FL ADDRESS: 10. CASE NO: CENA20190009868 OWNER: Rose Manie Numa OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Outside storage of household items to include but not limited to, interior furniture, plumbing fixtures, household junk trash and debris. FOLIO NO: 41283720001 PROPERTY 2792 24th Ave SE, Naples, FL ADDRESS: 11. CASE NO: CEV20190010125 OWNER: Rose Manie Numa OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed/inoperable vehicles on estates zoned improved parcel. FOLIO NO: 41283720001 PROPERTY 2792 24th Ave SE, Naples, FL ADDRESS: 12. CASE NO: CESD20190009075 OWNER: JACK N BAEN TRUST OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Observed the rear of porch/lanai enclosed with windows and or sliding window, doors without the required Collier County permits and inspections. FOLIO NO: 61131160007 PROPERTY 1730 Bald eagle Dr Unit 511-B, Naples, FL ADDRESS: 13. CASE NO: CESD20180006864 OWNER: Zoelle Cattanio and Scott Cattanio as Guardian OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(f). Outside stairs and dock do not meet current Building Code as determined by Collier County Building Official. FOLIO NO: 82641000005 PROPERTY 2579 Andrew Dr, Naples, FL ADDRESS: 14. CASE NO: CESD20190009049 OWNER: Jose S Olivares-Gonzalez and Ana J Trejo De Olivares OFFICER: Daniel Hamilton 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). Addition/alteration/porch overhang and shed on property without permits. FOLIO NO: 25967802724 PROPERTY 14701 Apalachee St, Naples, FL ADDRESS: 15. CASE NO: CESD20190010947 OWNER: Moise Smith and Erlange Edouard OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(b)(1)(e). Unpermitted shed in rear yard. FOLIO NO: 48600002143 PROPERTY 12200 Fuller Ln, Naples, FL ADDRESS: 16. CASE NO: CESD20190007550 OWNER: Julian Pereira and Maria E Lopez OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two sheds built and/or placed on property without permits. FOLIO NO: 25967802481 PROPERTY 14708 Apalachee St, Naples, FL ADDRESS: 17. CASE NO: CESD20190003400 OWNER: Carlos Arreaga and Veronica Arreaga 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). Added guest house, lean-to storage building, and plumbing for washing machine located under covered porch without obtaining required Collier County permits and permit 960016270 is in void status and needs to be closed. FOLIO NO: 73280360005 PROPERTY 2515 Bayside St, Naples, FL ADDRESS: 18. CASE NO: CESD20190006659 OWNER: DCS NAPLES INVESTMENTS LLC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Per Building Department Determination, the accessory structure (SHED) requires a building permit. FOLIO NO: 392600008 PROPERTY 3200 Barrett Ave, Naples, FL ADDRESS: 19. CASE NO: CESD20190004631 OWNER: Luis Rios Centeno 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). Additions/Alteration to mobile home and added shed without obtaining required Collier County permits. FOLIO NO: 293400006 PROPERTY 301 Fillmore St, Naples, FL ADDRESS: 20. CASE NO: CESD20190009248 OWNER: Judy Pappalardo OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Observed the rear porch/lanai enclosed with windows and or sliding window doors without the required Collier County permits and inspections. FOLIO NO: 61131480004 PROPERTY 1754 Bald Eagle Dr. Unit C, 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: CESD20180005375 OWNER: SA EQUITY GROUP LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Newly installed metal building with electric, on improved occupied commercial property. FOLIO NO: 63864280003 PROPERTY 114 New Market Rd E, Immokalee, FL ADDRESS: 2. CASE NO: CEVR20180004929 OWNER: Grettel Gonzalez and Oscar Garcia OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended Sections 3.05.01(B), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal of native vegetation where the total area cleared exceeds the one acre allowed to be cleared by the Building Permit issued for construction of single-family home. Alteration of land through placement of fill that removed or otherwise destroyed vegetation without obtaining approval from the County. FOLIO NO: 39963680004 PROPERTY 3765 37th Ave NE, Naples, FL ADDRESS: 3. CASE NO: CEV20190000468 OWNER: PRIME HOMES AT PORTOFINO FALLS OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(C). Vehicles not parked in designated parking areas. FOLIO NO: 00203840009 PROPERTY 7047 Castello Way, Naples, FL ADDRESS: 4. CASE NO: CESD20180006671 OWNER: Anthony High and Veronica Andis-High OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) and Florida Building Code, Chapter 1, Section 105.1. Alterations/additions commenced prior to obtaining required Collier County building permits. FOLIO NO: 80221880003 PROPERTY 9512 Chelford Ct, Naples, FL ADDRESS: 5. CASE NO: CEPM20180000456 OWNER: John Albarracin OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Damaged screen enclosure and pool not being maintained. FOLIO NO: 53901560007 PROPERTY 4480 Beechwood Lake Dr, Naples, FL ADDRESS: 6. CASE NO: CEROW20150023031 OWNER: Veronica Tressler, Barbara Dethloff and Elizabeth Lucky OFFICER: Sherry Patterson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). A culvert drainage pipe in need of repair or replacement. FOLIO NO: 161080008 PROPERTY 231 Willoughby Dr, Naples, FL ADDRESS: 7. CASE NO: CESD20160015129 OWNER: Luis Flores Salceiro OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section(s) 3.05.01(B), 10.02.06(B)(1)(E), 10.02.06(B)(1)(C) and Collier County Code of Laws and Ordinances, Chapter 22, Article IV, Section 22-108. a) Site work, Improvement of property, grading and/or removal of protected vegetation using heavy machinery without a permit which would allow same. b) Alteration of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from the County. c) Damaging native vegetation by the use of heavy machinery to remove Exotic and non-native vegetation. d) Work done in the right-of-way, including a temporary driveway access from Everglades Boulevard without first obtaining valid Collier County Permits. FOLIO NO: 41287600004 PROPERTY 2298 Everglades Blvd S, Naples, FL ADDRESS: 8. CASE NO: CESD20170014131 OWNER: Carlos A Rojas PA OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Inspections and certificates of completion need to be obtained for Permit PRBD20170728476 for the interior remodel and Permit PRBD20180534894 for the re-roof. FOLIO NO: 55100800003 PROPERTY 255 Pine Valley Cir, Naples, FL ADDRESS: 9. CASE NO: CEAU20180009226 OWNER: Janice Masey OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(5)(b). Chain link fence barbed wire for residentially zoned property. FOLIO NO: 01134080005 PROPERTY 15985 Janes Scenic Dr, Copeland, FL ADDRESS: 10. CASE NO: CESD20180010414 OWNER: Thomas A Gray and Carla Fingar OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Repairs to the carport/lanai area and the shed including, but not limited to, roofing, walls and support beams without a Collier County permit. FOLIO NO: 81627800000 PROPERTY 231 Pine Key Ln, Naples, FL ADDRESS: 11. CASE NO: CESD20180003607 OWNER: Luis Patino and Papadorelly LLC OFFICER: Bradley Holmes 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 ground cover and mid story plants by heavy machinery without a permit that would allow same. FOLIO NO: 37591520004 PROPERTY 741 18th Ave NW, Naples, FL ADDRESS: 12. CASE NO: CESD20180002262 OWNER: CTPML LLC OFFICER: Michele Mcgonagle VIOLATIONS: Collier county Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior alterations commenced prior to obtaining proper Collier County permits. FOLIO NO: 00384600003 PROPERTY 213 and 261 Airport Rd S, 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 1. IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE-FRIDAY JANUARY 24, 2020 AT 9:00AM XIV.ADJOURN November 22, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order -- and I'm sure all of you know what they are -- and speak one at a time so the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. At this time I'd like everybody to stand; Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: I'm sure everybody has read the minutes. Get a motion to approve the minutes? MS. ELROD: Motion to approve. CHAIRMAN KAUFMAN: We have a motion. MR. DOINO: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: (Absent.) MR. DOINO: Aye. November 22, 2019 Page 3 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. Do we have any changes? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Oh, first do the roll call. MS. BUCHILLON: Attendance. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: And, Mr. Herminio Ortega? MR. ORTEGA: Here. MS. BUCHILLON: Ms. Chloe Bowman has an excused absence. CHAIRMAN KAUFMAN: Okay. Which brings us to the agenda. MS. BUCHILLON: Okay. And we have stipulations. First stipulation, it's No. 5 under hearings, CESD20190006958, Tara Crete. Second stipulation under hearings, No. 6, November 22, 2019 Page 4 CESD20190009611, Tammy L. Dorsormeau. Next stipulation, No. 8 under hearings CEPM20180015946, Monsur Ahmad. Next stipulation, No. 9, CESD20190007370, Edward A. Cruey Junior and Juanita S. Cruey. Number 14, CESD20190009049, Jose S. Olivares-Gonzalez and Ana J. Trejo Olivares. Number 16, CESD20190007550, Julian Pereira and Maria A. Lopez. And last stipulation, No. 19, CESD20190004631, Luis Rois Centeno. Those are the last stipulations -- I mean, all the stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And now we're going with the withdrawals. Under public hearings, motion for extension of time, No. 2, CEPM20180013070, Kathleen Valenta, has been withdrawn due to voluntary compliance. Under public hearings -- hearings, No. 2, CESD20190007841, Fidencio Mireles and Yadira Mireles, has been withdrawn. Number 4 under hearings, CESD20190001689, 1652 Avondale Street LLC, has been withdrawn due to compliance efforts. Number 7 under hearings, CENA20190006324, Yaisel Mendieta, has been withdrawn due to it's been abated. Number 12 under hearings, CESD20190009075, Jack N. Baen Trust, has been withdrawn due to attorney request for a continuance. Number 12 (sic) under hearings, CESD20180006864, Zoelle Cattanio and Scott Cattanio as guardian. CHAIRMAN KAUFMAN: That's Case 13, right? November 22, 2019 Page 5 MS. BUCHILLON: Yes, sir -- has been withdrawn due to compliance efforts. Number 15 under hearings, CESD20190010947, Moise Smith and Erlange Edouard, has been withdrawn due to compliance efforts. Number 17, CESD20190003400, Carlos Arreaga and Veronica Arreaga, has been withdrawn due to medical reasons. Number 18, CESD20190006859, DCS Naples Investments LLC, has been withdrawn due to compliance efforts. Number 20, CESD20190009248, Judy Pappalardo, has been withdrawn; continue with our investigation. Under imposition of fines, No. 3, CEV20190000468, Prime Homes at Portofino Falls, has been withdrawn due to they paid their past due ops cost. Number 4, CESD20180006871, Anthony High and Veronica Andis-High, has been withdrawn due to compliance efforts. Number 6, CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky, has been withdrawn due to compliance efforts. Number 10, CESD20180010414, Thomas A. Gray and Carla Fingar, has been withdrawn due to compliance efforts. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the modified agenda. MR. DOINO: Motion to accept. MR. LEFEBVRE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a second. All those in favor? November 22, 2019 Page 6 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Why don't we begin the festivities. MS. BUCHILLON: Mr. Chairman, we have two more stipulations under hearings. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 10, CENA20190009868, Rose Manie Numa, and No. 11, CEV20190010125, Rose Manie Numa. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept the now newly modified agenda. MR. DOINO: Motion to accept. CHAIRMAN KAUFMAN: We have a motion -- MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: -- and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) November 22, 2019 Page 7 CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to? MS. BUCHILLON: Motion of extension. CHAIRMAN KAUFMAN: I figured we were going to get to adjourn. Okay. Motions for extension. MS. BUCHILLON: Okay. Under public hearings, motion for extension of time, No. 1, CESD20180008044, Paul A. Burcky and Cathleen T. Burcky. CHAIRMAN KAUFMAN: Okay. We have a letter in our package from Mr. Burcky for the Board's perusal. Good morning. MS. THOMPSON: Good morning. CHAIRMAN KAUFMAN: Okay. Since you're asking for the extension of time, why don't you -- we have your letter right here, okay. Let me just ask, you would like this to be extended for an additional six months. Was an extension granted prior to this? MR. BURCKY: Yes, there was. CHAIRMAN KAUFMAN: For how long? MR. BURCKY: Six months. CHAIRMAN KAUFMAN: And during that six-month period, can you explain to the Board what was done. MR. BURCKY: We got a few of the permits taken care of, finalized, and we have one more -- or two more that's in the workings right now with documents that the Building Department has requested, which we sent to them. And the roof permit is tied to an addition that is going on the building, so we need more time for that permit there because it's tied directly to the extension on the building. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Can I get your name, sir. November 22, 2019 Page 8 MR. BURCKY: Paul Burcky. CHAIRMAN KAUFMAN: Do we have any questions of the respondent from the Board? Okay. (No response.) CHAIRMAN KAUFMAN: Okay. County? MS. THOMPSON: Good morning. My name is Latoya Thompson. I'm with Collier County Code Enforcement. And we have no objections. We leave it to your discretion. CHAIRMAN KAUFMAN: Okay. Any discussion on this case? MR. LEFEBVRE: I guess the question I have is you said that there is an addition being put on the structure now? MR. BURCKY: Yes. MR. LEFEBVRE: And how far along are you on that? MR. BURCKY: Just beginning. MR. LEFEBVRE: Just beginning. CHAIRMAN KAUFMAN: Was this construction started prior to the six-month original case? MR. BURCKY: No. CHAIRMAN KAUFMAN: And you applied for this permit for this building addition, is it? MR. BURCKY: Yes. CHAIRMAN KAUFMAN: When? MR. BURCKY: Approximately eight months ago, and we went through quite a few comments and changes that we had to make and what have you. But we did not receive the permit until after the first six-month extension. CHAIRMAN KAUFMAN: So you applied for it about eight months ago? MR. BURCKY: Yeah. MS. CURLEY: It says here that numerous permits -- November 22, 2019 Page 9 allowed numerous permits to expire. So was that your first permit eight months ago and then they expired in two months? MR. BURCKY: No. These were the similar permits on the activities that we were doing on the residence that expired because of the length of time that it took to get the projects done. And we renewed them several times. CHAIRMAN KAUFMAN: Okay. Well, we're not going to hear the case now unless your request is denied. I have a problem with extending six months. We did that once. We're back here with a request for another six months. There's probably some more work that needs to be done prior to us approving another long extension, which six months is. MS. CURLEY: I guess I have a question for the county. Can you just give us, like, a quick timeline of when like -- when the first extension -- when the first permit -- what year the first permit was issued in? Because it looks like the stipulation that's expiring was just issued this year, so I'm confused. This case starts in 2018, just based on the case number. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. It's an ongoing project. These permits were, you know, prior to 2018. We got wind of it after the hurricane, I believe. Mr. Burcky's been in contact with us. He's had some reviews to do. We're almost to that finish line. And then an addition is being put on the home. I can't fault the guy for wanting to improve the home. There's no point in finishing the roof permit when you're adding on square feet to the home. So the county at this point has no objection to extending November 22, 2019 Page 10 this. No life-safety issue. So the county has no problem with six months. MR. ORTEGA: I have one question. How far are you on the construction? MR. BURCKY: Of the -- MR. ORTEGA: Into construction of the addition. MR. BURCKY: Of the addition, we just barely began on. MR. ORTEGA: And the addition is 20-by -20? MR. BURCKY: It's 8 -- 1,500 square feet. It consists of a garage and workshop in the back. MR. ORTEGA: And you feel six months is going to be enough? MR. BURCKY: Six months to complete the roof in addition to the addition. MR. ORTEGA: Right. MR. BURCKY: The actual -- MR. ORTEGA: The roof is tied to the structure, obviously. MR. BURCKY: Right. The actual permit on the addition, it will be longer than that, but that's -- it's under a separate permit. MR. ORTEGA: Okay. Thank you. MR. LEFEBVRE: What permits have been closed out so far? MS. THOMPSON: The irrigation and the fence. MS. CURLEY: I'll make a motion to give the six-month extension. Do we do it under the same terms as the first stipulation with the same language? CHAIRMAN KAUFMAN: It will be a continuance rather than an extension. MS. CURLEY: Okay. A continuance then. CHAIRMAN KAUFMAN: A continuance means that the fines would continue to accrue after the original date. An November 22, 2019 Page 11 extension, you would be beginning from the beginning. So continuance. So we have a motion. Do we have a second? MR. ORTEGA: I'll second that motion. CHAIRMAN KAUFMAN: Okay. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months. MR. BURCKY: Thank you. CHAIRMAN KAUFMAN: Prior to the six months, if you're not done, it would be a good idea to come back to the Board ahead of time. So, okay? MR. BURCKY: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. MR. BURCKY: Thank you. CHAIRMAN KAUFMAN: We're up to Case 1? MR. LEFEBVRE: Stipulations. MR. DOINO: Or we're going to do the stipulations first. MS. BUCHILLON: Stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearing -- November 22, 2019 Page 12 CHAIRMAN KAUFMAN: Excuse me one second. We're going to do the stipulations for the people that are here or all the stipulations? I think there's about nine of them? MR. LETOURNEAU: We'll do the stipulations for people that are here, and then we'll move into the cases with the people that are here. CHAIRMAN KAUFMAN: Okay. First stipulation is No. 5. MS. BUCHILLON: Number 5, CESD20190006958, Tara Crete. CHAIRMAN KAUFMAN: Michele, you want to read the stipulation into the record. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits, inspections, and certificate of completion/occupancy for altering the lower level by adding cabinets and kitchen sink and converting laundry room to the bathroom, or return the property to a permitted state within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the November 22, 2019 Page 13 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. Tara, did you give us your name on the microphone? MS. CRETE: No, I didn't. My name's Tara Crete. CHAIRMAN KAUFMAN: And you live at? MS. CRETE: No, that's a condominium that I own. CHAIRMAN KAUFMAN: Okay. MS. CRETE: I do not live there. CHAIRMAN KAUFMAN: Okay. You heard the stipulation, which you agreed to. MS. CRETE: Yes. CHAIRMAN KAUFMAN: Do you have any problem meeting the dates? MS. CRETE: I can't say. This is -- if it were up to me, this would be done by now. I'm at the mercy of the Permitting Department and my contractor, which I'm told there's a lot of hoops to jump through. I would love this to be done right now if it were up to me. CHAIRMAN KAUFMAN: Okay. Well, I think if it's not done in a timely fashion, you can always come back and request additional time. MS. CRETE: I'm assuming it will be done. But, okay, I agree to that. CHAIRMAN KAUFMAN: Anybody like to make a motion from the Board or discussion on this? MS. ELROD: I'll make a motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation as written. MR. LEFEBVRE: Second. November 22, 2019 Page 14 CHAIRMAN KAUFMAN: And we have a second. You have something to say, Sue? MS. CURLEY: No. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CRETE: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. CRETE: Thank you. MS. BUCHILLON: Next stipulation, No. 16, CESD20190007550, Julian Pereira and Maria E. Lopez. MR. LETOURNEAU: The respondents aren't here on that one, so we're going to move to a different one. CHAIRMAN KAUFMAN: Okay. Put them at the end of the -- MS. BUCHILLON: I don't have any other. MR. LETOURNEAU: No more stips with respondents here, so we're going to move on to the cases with respondents. CHAIRMAN KAUFMAN: Okay. Case No. 1, that is, under hearings? MS. BUCHILLON: Yes, sir. Case No. 1 under hearings, CESD20180011094. It is 11724 Quail Village Way Trust, and we also have a speaker; Mr. John Brugger. November 22, 2019 Page 15 MR. BRUGGER: Brugger. MS. BUCHILLON: Brugger, sorry. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. So what we'll probably do on this, we will hear from the respondent -- from the county, discuss the case, then from the respondent, and then from the public speaker. MR. LETOURNEAU: He is the public speaker. MR. LEFEBVRE: He's an attorney. I don't think you needed to fill this out. CHAIRMAN KAUFMAN: You're all part of the same -- MR. BRUGGER: Party. CHAIRMAN KAUFMAN: You're joined at the hip. Okay. Michele (sic), you're on. CHAIRMAN KAUFMAN: This is one of the cases that -- MR. LETOURNEAU: Yes. The only one. (Mr. Ortega left the boardroom.) CHAIRMAN KAUFMAN: So let the record show that we have somebody who has past dealings or dealings with this respondent, so he has recused himself. Okay. Michele (sic)? MS. PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement. This is in reference to Case No. CESD20180011094 dealing with violation of the 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). It's for alterations to interior including, but not limited to, structural, drywall, cabinetry, electrical, and plumbing, and no Collier County building permit was obtained. November 22, 2019 Page 16 Located at 11724 Quail Village Way, Naples, Florida, 34119; Folio 00184680003. Service was given on September 10th, 2019. I would now like to present case evidence in the following exhibits, which the respondent has not seen. CHAIRMAN KAUFMAN: Why don't you show the exhibits to the respondent for their approval. MR. LETOURNEAU: I'm a little bit behind here. CHAIRMAN KAUFMAN: We'll slow down for Jeff. Terri, you've sworn everybody in? THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: Could you just, before we begin, state your name on the mic for us. MR. BRUGGER: Good morning. My name is John Brugger. I'm an attorney licensed to practice law here in Florida. CHAIRMAN KAUFMAN: Okay. MR. DEPAOLA: I'm Mike Depaola, one of the owners of the -- CHAIRMAN KAUFMAN: You're the respondent? MR. DEPAOLA: Correct. CHAIRMAN KAUFMAN: Okay, great. Okay. Michele, you have some pictures or -- MS. PULSE: Dee. CHAIRMAN KAUFMAN: Dee, I'm sorry. MS. PULSE: That's okay. CHAIRMAN KAUFMAN: So -- MR. LETOURNEAU: Do they have any objections? CHAIRMAN KAUFMAN: Do you have any objections to what -- MR. BRUGGER: No. CHAIRMAN KAUFMAN: Okay. Can we get a motion November 22, 2019 Page 17 from the Board to accept the documents? MS. ELROD: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PULSE: Okay. The photos to present in as evidence are 10 photos taken by Contractor Licensing Investigator Jack Gumph on September 10th, 2018 (sic). There's also a screen shot of the property that's listed -- that was listed for sale at the time, Movoto -- on Movoto's website on September 10th, 2019, showing that the renovations were completed. Our division received a complaint advising of an interior demo and no permits obtained. The information wasn't provided to Contractor Licensing Division to inspect for unlicensed workers. Investigator Jack Gumph made a site visit, observed interior demo. Investigator Gump obtained entry permission and obtained the photos as presented in evidence. Investigator Gumph posted a Stop Work Order stating a permit is required. A search was done on the Internet after a sign was posted on the property for sale and the unit was now completed. November 22, 2019 Page 18 A notice of violation was issued by our division and, as of November 21st, 2019, the violation remains. CHAIRMAN KAUFMAN: This was in a condo. MR. DEPAOLA: Villa. CHAIRMAN KAUFMAN: Villa, okay. Okay. MR. BRUGGER: Yes, sir. The principal's here, Mr. Depaola -- owns Premier Property Management. They handle about 750 to 800 homes at any time. Doing renovation repair, he asked his staff to get people in, hire contractors to do certain work without supervision himself. In this case he retained a licensed contractor to go in and do the job without -- when you hire a contractor, you think it's going to get done right. Once the work order -- the Stop Work Order was issued, to the best of his knowledge, he contacted me. I suggested he get another builder in to get things straightened out, because we found out there were no permits. Since that time -- we've got Mr. Stuart Wallace here, a CGC, who's gone through the county plans and specs -- and I've got two letters here from him -- in which they determined that the county has no copies of the plans for this original building when it was constructed. Despite extensive search, they can't be located. At this time they got approval from Myron Jacobs in the Code Enforcement Division to re-enter the building, remove some drywall, and take photos because they've got to bring an architect and engineer in and re-engineer and re-permit the whole home. They're in the process of that, because there are no plans which could be followed. MR. DEPAOLA: We can't find them anywhere. Not even the association. They had our property titled and lied to the -- what's it called -- community clubhouse across the street. That's November 22, 2019 Page 19 what they had in their records. So supposedly that was one of the reasons why the contractor there was some -- like, if you look, there was a permit pulled originally, and that's where our -- I have three other partners. We all thought, out of sight, out of the mind. Then when she contacted me -- I don't know how she got my number because I'm not even the trustee. But because of something, she called me, I called him, who called him, and I've been working on it ever since. CHAIRMAN KAUFMAN: Is it they can't find the permits for your particular property or for any of the buildings there? MR. DEPAOLA: They can't find any type of plans whatsoever that shows that that original structure was ever built to. CHAIRMAN KAUFMAN: Again, that structure or all the structures in that -- MR. DEPAOLA: My home. CHAIRMAN KAUFMAN: Just that one? MR. DEPAOLA: They had it to the community clubhouse which, obviously, is not accurate. MR. BRUGGER: The address shown on the permit -- or I'm sorry. The permit shown on the -- for this address is a community clubhouse, which is across the street. MR. DEPAOLA: Clubhouse. MR. BRUGGER: So they searched other portions. Mr. Stuart here has searched other records. They can't locate any permit or any records for this original construction. MR. DEPAOLA: Nor can the county. MR. BRUGGER: The county can't either, yeah. So we're in the process of reconstructing plans and specs and engineering. They're partially along. Stuart says it might take November 22, 2019 Page 20 four months. I think they probably need a six-month extension because we don't know what they're going to reject at the county through the review process in order to get the original building certified and then any improvements corrected. CHAIRMAN KAUFMAN: Okay. This, obviously, came from Contractor's Licensing because they looked and saw there was no permit issued on the property, irrespective of whether they could find the original one or not. And our job is to find out if this is a violation or not. MR. BRUGGER: The owner retained a general contractor, licensed general contractor. CHAIRMAN KAUFMAN: No, I understand that. And, ultimately, it all falls back on the owner of the property. MR. DEPAOLA: That's why I'm here. And as soon as she -- you could ask her. As soon as she got in touch with me, I -- this is a passive investment for me that became a more -- CHAIRMAN KAUFMAN: Okay. Well, it will all get washed out in whatever the resolution is by the Board. Yes. MS. CURLEY: I just have a question. So it's pretty unusual that the Stop Work Order was ignored, so do you know how that happened? I mean, somebody had access to the unit. MR. DEPAOLA: I had no clue -- MS. CURLEY: That's a lot of work that was done between -- MR. DEPAOLA: I don't know when she took those pictures. I don't know when they were taken. I don't know when she went in there. Until she called me, I was pretty much in the dark. MS. CURLEY: So for a passive investment, I mean, that's a November 22, 2019 Page 21 lot of money to have invested in specs and details on a specific renovation. So I just feel like you just showed up there one day, and the place was completely finished, and you didn't know they had violated the Stop Work Order? MR. DEPAOLA: I put -- I place my money in many real estate assets like that. MS. CURLEY: All right. Well, I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion that a violation exists. Do we have a second? MS. ELROD: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: (Absent.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Dee? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Do you have a suggestion for us? MS. PULSE: I do. November 22, 2019 Page 22 I recommend 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: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for all interior alterations/improvements within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. At this point, I'd like to -- you probably want to bring your contractor in. We'd like to understand how long it will take to get this thing done. Yes, sir. MR. DEPAOLA: I'd like to -- so, basically, what I'm trying to articulate is, we have to start as if this property was never built. There's no engineer work. There's no architect. There's no -- they literally can't give him anything he needs to show the county -- the county can't give him any plans they have registered for this. So I have to pay -- I have to get an architect and an engineer to draw it as if I was building that today. CHAIRMAN KAUFMAN: Can you get -- can you get an affidavit from an architect -- MR. DEPAOLA: Sure. CHAIRMAN KAUFMAN: -- that -- so that you wouldn't November 22, 2019 Page 23 have to redo everything? You just have to get everything inspected. MR. DEPAOLA: They turned that down. MS. CURLEY: Excuse me. This is not unique. I mean, in the community where I live, a neighbor had to do this. MR. DEPAOLA: Really? MS. CURLEY: Yes. MR. BRUGGER: Stuart, I thought you said that they denied approval of an after-the-fact -- MS. PULSE: Oh, permit by affidavit. MR. DEPAOLA: They denied that. MR. BRUGGER: They denied the permit by affidavit. MS. CURLEY: So the point is, without getting too involved with the minutiae that's going on with you and your investment now, is that this all could have been investigated differently at the point that the error -- or that the problem was discovered, which was when you had your first contractor trying to apply for permits. When that permit didn't come back approved, that's where the problem should have halted, and then you could have been -- MR. DEPAOLA: I agree. MS. CURLEY: Yeah. So I think that's just really what we should probably stay focused is on that -- CHAIRMAN KAUFMAN: Okay. Gerald, you have a comment? MR. LEFEBVRE: The comment I want to make is -- Ms. Curley touched upon it, but this isn't a one-off building. These villas -- MR. DEPAOLA: I'm with you. MR. LEFEBVRE: There's multiple villas. MR. DEPAOLA: I've spent hours -- November 22, 2019 Page 24 MR. LEFEBVRE: Hold on. I'm still talking. So what I don't understand is how come another building that is similar cannot be used at least to be started and so forth. MR. DEPAOLA: We agree. MR. LEFEBVRE: So I'm a little bit -- MR. DEPAOLA: It's government. It's county. MR. BRUGGER: Stuart, do you want to explain the process. MR. LEFEBVRE: You need to come up to the mic. CHAIRMAN KAUFMAN: Have you been sworn? (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And your name, for the record? MR. WALLACE: Stuart Wallace, and I'm a Florida certified general contractor. CHAIRMAN KAUFMAN: Okay. MR. WALLACE: And we did research at the Building Department's record room looking for this building and similar buildings. We did not find a similar building. This building is unique in the community. And we have entered the premises with the permission of Myron Jacobs, and we have opened up the walls, and we have pictures that are at a structural engineer's now that -- for a redesign. But we are, in fact, starting over with plans, which are in progress right now. CHAIRMAN KAUFMAN: Well, the other buildings there, did you find their records? MR. WALLACE: There were several that were missing. I did find some that were similar but not of the exact same design. CHAIRMAN KAUFMAN: Did you check the microfiche? MR. WALLACE: We went through all the microfilm. November 22, 2019 Page 25 MS. CURLEY: This is in the '80s, so not everything was scanned and collected and reserved. So, I mean, it's not uncommon in this -- to happen in this state. MR. DEPAOLA: It's the first time it's ever happened. MS. CURLEY: Well, again, but the problem would have been avoided had the original -- when you first -- after you purchased it, when you -- if you had managed this a little bit differently in the beginning. So we get that. CHAIRMAN KAUFMAN: So let me see if I can summarize things going forward. How much time do you think it will take to get this all ironed out, inspected, et cetera? MR. WALLACE: I'm not sure, but we're pretty far along in the permitting application process waiting an engineer's design, which we'll submit. I assume that we should have a permit within a month or so, and it could take several months to get the inspections approved. Since the work has been completed, we're at the mercy of the inspectors to open up areas that are concealed to satisfy them. CHAIRMAN KAUFMAN: Okay. But as a wild guess? MR. WALLACE: I guess it would be reasonable to ask for six months at that point. MS. CURLEY: Is anyone living there? MR. WALLACE: No. MS. CURLEY: Mr. Brugger, are they still going to market to sell this while this is all occurring? MR. DEPAOLA: That's something, again, we took on right away the moment she called. She can attest to that. It was something with respect to you have to take it off the market because if you sold it and it changed title, then it would be the -- I guess the next person who bought its problem. I said, no. I said November 22, 2019 Page 26 I'd pull it off the market. CHAIRMAN KAUFMAN: Okay. So this is an unfortunate situation for you, obviously. MR. DEPAOLA: Very much so. CHAIRMAN KAUFMAN: So it's our task to decide how much time and what the fine would be, after that time, to impose. Anybody want to take a stab at filling in the blanks on this? MS. CURLEY: I will. Four months, 250. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And operational costs. CHAIRMAN KAUFMAN: Operational costs of 59.28 to be paid within 30 days. MR. BRUGGER: I would request, if possible, to get the six months, because we don't know what the inspectors are going to have to open in the walls. MR. LEFEBVRE: Second that motion. CHAIRMAN KAUFMAN: We have a motion and a second. I'll discuss that with you in a second. Any discussion on this motion? (No response.) CHAIRMAN KAUFMAN: Let me just say that in three months and 28 days if you see it's not enough time to get everything done before the fines start to accrue, that you come back to Code Enforcement and ask for additional time. Showing the people what's been done, I'm sure that at that time that would go on friendly ears, and you would be granted whatever time you need to finish the job. So the four months is not -- is not outrageous at all. Okay. So we have a motion and a second. Any other discussion on the motion? (No response.) November 22, 2019 Page 27 CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: (No verbal response.) MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: (Absent.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. DEPAOLA: Do I pay the 200 now? MR. BRUGGER: No. The fine doesn't start until -- MR. DEPAOLA: Oh, okay. CHAIRMAN KAUFMAN: Excuse me. The 250 is after the four months if you are not done. MR. BRUGGER: Two fifty a day. CHAIRMAN KAUFMAN: But the operational -- MR. DEPAOLA: I was like -- MS. CURLEY: We just want to see you again. MR. DEPAOLA: I'd love to see you-all again, too. CHAIRMAN KAUFMAN: The operational costs need to be paid. Dee, why don't you explain that situation, and we'll go from there. MR. DEPAOLA: Thank you, again, for your time. CHAIRMAN KAUFMAN: Okay. We had one "no." THE COURT REPORTER: Who was that? MS. ELROD: (Raises hand.) CHAIRMAN KAUFMAN: We missed you. Which brings us to? MS. BUCHILLON: We're going to start with three November 22, 2019 Page 28 stipulations that the respondents are here. CHAIRMAN KAUFMAN: Okay. Number 19, CESD20190004631, Luis Rios Centeno. (The interpreter was duly sworn to translate from English to Spanish and Spanish to English to the best of his ability and indicated in the affirmative.) (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. You may move it closer to you. Move the microphone closer. Like this. THE INTERPRETER: My name is Francisco Rivera, R-i-v-e-r-a. MR. CENTENO: Luis Rios Centeno. CHAIRMAN KAUFMAN: Okay. Now, let me ask the question. Who's going to be doing the interpretation? THE INTERPRETER: (Raises hand.) CHAIRMAN KAUFMAN: Okay. Gotcha, okay. Now, I won't call you Dee, Michele. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. Number 2, abate all violations by obtaining all retired Collier County building permits, inspections, and certificate of completion/occupancy for the additions/alterations to the mobile home and the shed added to the property, or return the property to November 22, 2019 Page 29 a permitted state within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the inspector 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. Did you translate that to the respondent? THE INTERPRETER: I will be glad to do it. CHAIRMAN KAUFMAN: Do it right now. THE INTERPRETER: Okay. MR. CENTENO: Okay. CHAIRMAN KAUFMAN: Okay. So my first question is, do you think 120 days is enough time to get everything done? MR. CENTENO: Yes. CHAIRMAN KAUFMAN: Okay. And you understand that you have to pay $59.28 within the next 30 days? MR. CENTENO: Yes, today. CHAIRMAN KAUFMAN: Okay. And if it's not done in the 120 days, there'll be a fine of $200 a day. MR. CENTENO: Okay. CHAIRMAN KAUFMAN: No problem? MR. CENTENO: No problem. CHAIRMAN KAUFMAN: Okay. We get a motion from the Board to accept the stipulation as written? MR. DOINO: Motion to accept. November 22, 2019 Page 30 MR. ORTEGA: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. THE INTERPRETER: Thank you so much. MR. CENTENO: Thank you. MR. LEFEBVRE: One quick question. On the notice of violation, it says "owner," and then it says "parcel owner." This is a mobile home, I take it? MS. McGONAGLE: Yes. He's the mobile home owner. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: This was the mobile home and two sheds. Yes, Jeff. MR. LETOURNEAU: I'm going to make a change to the agenda. Ten and 11 that were previously going to be stipulations are going to be -- we're going to hear those cases at this time. Not at this time, but when they come up. The people are here, so... CHAIRMAN KAUFMAN: Okay. Somebody like to make November 22, 2019 Page 31 a motion to amend the agenda? MS. ELROD: Motion to amend the agenda. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have -- and we have a second. MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I'll cross them off of the stipulation group. Do we have another respondent present for another stipulation? MS. BUCHILLON: Not to my knowledge. CHAIRMAN KAUFMAN: Okay. Then we are going to continue with the hearings. MS. BUCHILLON: Okay. Under public hearings -- hearings, No. 3, CELU20190009461, Conneco Realty LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. BRECKER: My name is Tyler Brecker. I'm the owner of the Broken Watch Restaurant and Bar. CHAIRMAN KAUFMAN: You may want to pull the microphone up. You're taller than I am. Actually, you're taller November 22, 2019 Page 32 than everybody here. Okay. Eric? MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. I just want to establish the relationship. He is the tenant, not the property owner, and the violations are against the property owner. CHAIRMAN KAUFMAN: Okay. And the property owner is not present? MR. SHORT: He's not present, I did speak to him earlier this week, and he's okay with whatever you decide to do. CHAIRMAN KAUFMAN: Okay. MR. SHORT: All right. This is in reference to Case No. CELU20190009461 regarding violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.03: Unauthorized outdoor seating that is not permitted under the current Site Development Plan. Located at 13510 Tamiami Trail North; Folio 152480002. Service of the notice of violation was given on August 13th, 2019, by Investigator Patterson posting the property and Collier County Courthouse. I'd like to present case evidence in the following exhibits: A copy of the most recent approved Site Development Plan, a highlighted copy of the most current site plan, two photos taken by myself on August 5th, 2019, and three photos taken by myself on November 21st, 2019. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. SHORT: He has seen the photos. CHAIRMAN KAUFMAN: Do you have any objection to those being entered? November 22, 2019 Page 33 MR. BRECKER: No, sir. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the documentation. MR. ORTEGA: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimous. Do we have an aye? No. It's approved. MR. SHORT: This is a simple violation. Within the highlighted area of the site plan that you see there, there is no outdoor seating that's permitted. If you look at other portions of the site plan, you can see over in this area there's some outdoor seating. That would be indicated on the site plan. This has been -- CHAIRMAN KAUFMAN: Where is this? MR. SHORT: This is at Wiggins Pass and U.S. 41. CHAIRMAN KAUFMAN: Okay. Okay. MR. SHORT: Original contact -- you know, the complaint was open on August 5th, 2019. We made contact with Richard Lincoln. He's the new owner of the plaza. He expressed a willingness for us to comply. Currently the tenant has an engineer retained, and they're November 22, 2019 Page 34 looking to include this outdoor area on their site plan. To date, the violation remains as the tables and chairs are still out there. MS. CURLEY: Have we seen this case before? MR. SHORT: Under a previous owner, we had multiple violations. The site plan was corrected in 2000 -- we probably have a date on the site plan. MS. CURLEY: So the owner of the entire complex has transferred to this new person now? MR. SHORT: It has. MS. CURLEY: And the tenant has remained through the transfer? MR. BRUGGER: No, ma'am. I started my business this summer. MS. CURLEY: I see. Okay. MR. BRECKER: When I took over, everything had been given to me saying everything -- all the site plans and everything was in accordance with the county. So then now I'm getting letters and notices saying that it's not. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Are you done, Eric? MR. SHORT: I just want to highlight one more thing; that the tenant came in with the previous owner, did not make these changes but was presented with a lease that included this outdoor seating. Unfortunately, that -- the site plan doesn't allow it, and it's not approved. CHAIRMAN KAUFMAN: Unfortunately, you can't go backwards. Okay. MR. BRECKER: We have recently been in contact with Blair A. Foley. He's a civil engineer and development consultant. He said that it would take up to three months to get this taken November 22, 2019 Page 35 care of. So we ask for a three-month extension on the situation. CHAIRMAN KAUFMAN: Okay. Well, we have to find out whether this is a violation or not first. MR. BRECKER: Of course. CHAIRMAN KAUFMAN: Okay. So you bought the place. MR. LEFEBVRE: Lease. CHAIRMAN KAUFMAN: You leased it. Everything was there. Obviously, the disclosure wasn't proper. MR. BRECKER: Yes, sir. CHAIRMAN KAUFMAN: I'll be nice. And, unfortunately, this is what happens; when you buy property, you inherit anything bad in regard to the property. MR. BRECKER: Yes, sir. CHAIRMAN KAUFMAN: Okay. So questions from the Board, or any motion whether a violation exists? MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any comments on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? November 22, 2019 Page 36 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have a suggestion for us, Eric? MR. SHORT: Yes, sir. The county requests that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days and abate all violations by: One, removing all unauthorized outdoor seating from the property 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: Okay. So if the respondent says it's going to take 30 days, for instance, for this to -- three months to get this -- MR. SHORT: Yes, sir. CHAIRMAN KAUFMAN: -- all resolved, if we grant more than three months, everything remains the same. He gets it all done. If he doesn't, then the fines start to accrue. Am I correct? MR. SHORT: Correct. CHAIRMAN KAUFMAN: Okay. Having said that, anybody like to make a motion? MR. LEFEBVRE: I have a couple questions. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: Okay. Go ahead. November 22, 2019 Page 37 MS. CURLEY: No, please. MR. LEFEBVRE: What's the hours of operation for this business? MR. BRECKER: Two to 10 p.m. MR. LEFEBVRE: Two to 10 p.m. And the complaint, how did it come in? MR. BRECKER: It was the previous -- previous owner of the restaurant and the previous landlord did not get along well. So when they -- the previous landlord ended up buying him out of his lease and ended up selling (sic) it to me to fill the property in order to sell the whole plaza. The previous owner of the restaurant starting making complaints to the county of things that he -- to his knowledge of many different violations with the whole plaza itself. MR. DOINO: Wow. MR. BRECKER: Including outside seating, signage of multiple -- not just my own, but other companies in the plaza. CHAIRMAN KAUFMAN: Was there any noise problem? MR. SHORT: Currently, no. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Was there a noise complaint from this establishment about three, four years ago maybe? MR. SHORT: There was. MR. LEFEBVRE: There was, okay. MR. SHORT: Not the current business in operation. MR. LEFEBVRE: No, no. Right, not the current business owner and not the current owner of the property. MR. SHORT: Correct. MR. LEFEBVRE: Okay. MS. CURLEY: I'll try and fill in the blanks, unless somebody else wants to. November 22, 2019 Page 38 CHAIRMAN KAUFMAN: Be my guest. MS. CURLEY: I'll do 90 days and $100. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So if you get it done in the time frame that you mentioned, no foul. MS. CURLEY: You can keep the chairs out there for 90 days. CHAIRMAN KAUFMAN: Yes. MR. BRECKER: Thank you. I appreciate that. CHAIRMAN KAUFMAN: Okay. Good luck on getting everything -- all the paperwork done. If you can't, come back ahead of time so that -- if more time needs to be adjusted or whatever. MR. BRECKER: Yes, sir. CHAIRMAN KAUFMAN: Let us know your progress. MR. BRECKER: Yes, sir. Appreciate it. MS. CURLEY: Good luck. November 22, 2019 Page 39 MS. BUCHILLON: Next item on the agenda under hearings, No. 10, CENA20190009868, Rose Manie Numa. MR. DOINO: There's two on them. CHAIRMAN KAUFMAN: This is 10 that was originally a stip -- MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: -- along with 11, which was originally a stip? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Are these two cases similar in their -- I should ask. Are they similar? MS. GUY: Yes, they are. One's for nuisance accumulation, and the other one is for vehicles. CHAIRMAN KAUFMAN: Okay. We'll hear them and then vote on them separately. Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. NUMA: Rose Manie Numa. MR. NUMA: Pierre (phonetic) Numa. CHAIRMAN KAUFMAN: Okay. MS. GUY: I do have photographs that the respondent needs to review. CHAIRMAN KAUFMAN: Okay. MS. GUY: If I could give that to them at this time. CHAIRMAN KAUFMAN: Okay. That will be fine. MS. GUY: Okay, great, thank you. Good morning. For the record, Paula Guy, Collier County Code Enforcement. This is in reference to Case No. CENA20190009868. It's November 22, 2019 Page 40 dealing with a violation of litter to be declared a public nuisance, Collier County Code of Laws, Chapter 54, Article VI, Section 54-179; Collier County Land Development Code 2004-41, as amended, Section 2.02.03 of prohibited uses: Outside storage of household items to include, but not limited to, interior furniture, plumbing fixtures, household junk, trash, and debris. The location is 2792 24th Avenue Southeast, Naples, Florida; Folio 41283720001. Service was given on August 20th, 2019. I would now like to present case evidence in the following exhibits: Photos that were taken by myself on August 19th, 2019; September 17th, 2019; November 6th, 2019; and November 21st, 2019. CHAIRMAN KAUFMAN: Okay. Did you object to the -- do you object to those pictures? MR. NUMA: Yes, I did. CHAIRMAN KAUFMAN: You object to them? MR. NUMA: No, I accept. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: (No verbal response.) MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. November 22, 2019 Page 41 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Yeah. As you can see, we have one, two, three, four, five -- seven photos from August, three from September, and two from November. I'll go with the August ones first, sir. CHAIRMAN KAUFMAN: Okay. MS. GUY: This is a photo from the front driveway. CHAIRMAN KAUFMAN: What do I -- what am I -- go back there a second. What is that on the left-hand side next to the -- MS. GUY: That's actual -- an actual container with a valid tag. CHAIRMAN KAUFMAN: Okay. MS. GUY: The container itself is not a violation. CHAIRMAN KAUFMAN: Okay. MS. GUY: This is on the right side of the front yard. CHAIRMAN KAUFMAN: Okay. MS. GUY: And more of the different types of accumulation that goes throughout the yard. That's the entry to the front door area, and there's the front door. CHAIRMAN KAUFMAN: That previous picture, is that a truck that -- MS. GUY: That one there, that's the backside of the container. CHAIRMAN KAUFMAN: Okay. MS. GUY: The interior was full. There's also items that were underneath it as well for storage. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Is that being filled or unfilled? November 22, 2019 Page 42 MS. GUY: It's being filled. MR. ORTEGA: Is this a business? MS. GUY: No. They're collecting items to send to Haiti. This picture was in the -- yesterday, or on September 21st. You can see the container's been removed. I would say probably 50 percent of the debris has been removed, but the violation still remains. CHAIRMAN KAUFMAN: I think at our last meeting we had a similar case. Okay. MS. GUY: I have had communication with the owner prior to the hearing being scheduled. They were working on it. Until yesterday's date, I had no communication but did see that more than 50 percent of the removal had took place. Can I go with the recommendation? CHAIRMAN KAUFMAN: No, no, no. We have to hear -- okay. Are those all the pictures that you have? MS. GUY: Yes, sir. CHAIRMAN KAUFMAN: Okay. And then your discussion with the respondent? MS. GUY: They're working on cleaning it up. Like I said, one container's been removed. And they conveyed to me this morning that they have a second container arriving this Monday and would need a little bit more time to get it completed. CHAIRMAN KAUFMAN: My question is, so that this doesn't continue down the road, is this something that's going to happen, then they send the stuff to Haiti, and then they accumulate additional stuff, and they get another trailer to do that? Is that what the situation is, or is this the first case that's come up? MS. GUY: There's been no previous cases of this violation on this parcel, but that is a common practice to happen. But for November 22, 2019 Page 43 this property owner, this is her -- the first offense. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So this isn't a non-for-profit or a charitable company that she's operating? MS. GUY: I don't have that information. CHAIRMAN KAUFMAN: Okay. Well, we'll let the respondent respond. Okay. MR. NUMA: Yeah. She's my sister; I'm her brother. And we are collecting to send to Haiti for people also. We make organize with the family. We have a church, a member -- church of member to stuff of (sic) Haiti. Sometimes we collect things to send to them so -- by our expense. So she's there only. I'm the one who operate this thing, but in 45 days, like they give me, I'm going to remove everything from the property. CHAIRMAN KAUFMAN: Okay. This was originally going to be a stipulation that changed. MS. GUY: Correct. There was an error on the stipulation paperwork that kept us from being able to present the stipulation. CHAIRMAN KAUFMAN: Okay. And 45 days was the -- MS. GUY: That was the agreement that we came upon, yes. CHAIRMAN KAUFMAN: Okay. I understand. Any questions of the respondent by the Board? MS. CURLEY: Are you going to do this -- continue to do this? MR. NUMA: No, no, I'm not. This thing is very tough in Haiti now because they have so many trouble over there; that's the reason the container stay longer. They have some -- they want to overthrow the government. They block everything. Even the school never opens since August. They still closed. So I want to stop everything now after I finish with all this debris. November 22, 2019 Page 44 CHAIRMAN KAUFMAN: Okay. MR. NUMA: Yeah. CHAIRMAN KAUFMAN: Okay. So I think it's -- we have to vote on whether a violation exists. MS. CURLEY: I'll make a motion a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, do you have a suggestion? MS. GUY: I do. The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28, which was incurred in the prosecution of this case, within 30 days and abate all violations by removal of all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store desired items in a completely enclosed structure within blank days of this hearing, or a fine of blank per day will be imposed until violation is abated. November 22, 2019 Page 45 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 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 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 -- we've got a -- kind of got a hint of how many days it was going to take to get everything cleaned up. MS. CURLEY: I will. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: Geez. I'm the only one -- yeah. Let's give 55 days or $100 per day. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just in case the container can't get removed or something like that and just a little bit easier logistics, and then maybe -- yeah, that's it. MR. LEFEBVRE: I would suggest just making it 60 days, because 55 is a little bit -- MS. CURLEY: I'll definitely amend my motion to 60 days, and $100 a day after that. MR. LEFEBVRE: I'll second that motion, and then the operational costs of 59.38 within -- CHAIRMAN KAUFMAN: Twenty-eight. MR. LEFEBVRE: Twenty-eight; sorry 28 -- within 30 days. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a November 22, 2019 Page 46 second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 60 days to get that, but don't go away because we have one more case for you. Sue, do you have to take a call at 10:00? MS. CURLEY: No. I changed it. CHAIRMAN KAUFMAN: Okay. A little sidebar. Okay. Did we vote on this yet? All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. (The speakers were previously duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Now, the next case, we have the second case with the vehicles. So do you have any different photos on this? MS. GUY: The photos that are designated in this case are November 22, 2019 Page 47 just more geared toward -- the vehicles are placed, which they were observed in the previous case's photos. CHAIRMAN KAUFMAN: Okay. We saw them, and those vehicles were not registered; is that what you're saying? MS. GUY: Yes, that's correct. CHAIRMAN KAUFMAN: Okay. So do you want to present this case -- do you want to read this one into the record, Helen? MS. BUCHILLON: Yes, sir. Number 11, CEV20190010125, Rose Manie Numa. MS. GUY: For the record, Paula Guy, Collier County Code Enforcement. This is in reference to Case No. CEV20190010125 dealing with a violation of storage and use of vehicle control ordinance, code of laws and ordinances, Chapter 130, Article III, Section 130-95; multiple unlicensed inoperable vehicles on an Estates-zoned improved parcel. The location is 2792 24th Avenue Southeast, Naples, Florida; Folio 4128372001. Service was given on August 20th, 2019. I would now like to present case evidence in the following exhibits: Photos taken by myself August 19th, September 17th, November 6th, November 21st, 2019. CHAIRMAN KAUFMAN: Respondent has seen the photos? MS. GUY: Yes, that's correct. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MR. NUMA: No. CHAIRMAN KAUFMAN: No. Get a motion from the Board to accept the exhibits. November 22, 2019 Page 48 MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The green car there, is that one of them? MS. GUY: That's one of them. The black one, and I believe there might be another one that's behind the contractor bags. You can see there's no tags. CHAIRMAN KAUFMAN: Okay. MS. GUY: Another one with no tags. That tag is expired on that vehicle. CHAIRMAN KAUFMAN: Okay. MS. GUY: On my last inspection, November 21st -- or that was actually from November 6th, the vehicles were moved to the backyard, some of them placed in a different area. Yeah, that's September 21st -- November 21st, sorry. Go back to the November. MR. LETOURNEAU: That one? MS. GUY: No, sir. MR. LETOURNEAU: That one? MS. GUY: Yes. Upon my last inspection on November 21st, there was only one vehicle that remained, which November 22, 2019 Page 49 is this one in the driveway, and it had been moved from the side of the yard. So it looks like it's in the process of getting prepared to be removed. CHAIRMAN KAUFMAN: Okay. Is that it? MS. GUY: That's it. CHAIRMAN KAUFMAN: Okay. Sir? MR. NUMA: Yes, sir. That vehicle is for my cousin. There is a mechanic working on it. They're going to put everything in order to have a license plate for that vehicle, yes. CHAIRMAN KAUFMAN: And when do you think that will happen? MR. NUMA: The technician coming on Monday to do the job and to remove the vehicle. CHAIRMAN KAUFMAN: Okay. MR. NUMA: Yep. CHAIRMAN KAUFMAN: Okay. So for the Board now, do we find that a violation exists? MR. ORTEGA: I'll make a motion that a violation does exist. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 22, 2019 Page 50 And you think that will be gone or registered within the next 30 days? MR. NUMA: Yes, that will be. Yes. CHAIRMAN KAUFMAN: Okay. Do you have a suggestion for us on this one? MS. GUY: Recommendation is 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 and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure or store said vehicles within a completely enclosed structure and/or repair defect so vehicle is immediately operable or removal of offending vehicles from residentially zoned area within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody like to take a shot at filling in the -- MR. ORTEGA: I'll take a shot at it. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: That the respondent pay the amount of 59.28 within 30 days of this case, and within 30 days at $100 a day. November 22, 2019 Page 51 MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So you have a month to put the plates on the vehicle. MR. NUMA: Yes, please. Thank you. CHAIRMAN KAUFMAN: Okay. MR. NUMA: All right. CHAIRMAN KAUFMAN: Remember the $59.28 on each one, okay. MR. NUMA: Okay. CHAIRMAN KAUFMAN: Okay. Thank you very much. MR. NUMA: Thank you very much. Okay. Thank you. MS. NUMA: Thank you. MS. GUY: Okay. Thank you. CHAIRMAN KAUFMAN: Terri, how are your fingers? THE COURT REPORTER: 10:30. CHAIRMAN KAUFMAN: 10:30, okay. MS. BUCHILLON: Next item on the agenda under old business, motion for imposition of fines, No. 2, CEVR20180004929, Grettel Gonzalez and Oscar Garcia. (The speakers were duly sworn and indicated in the affirmative.) November 22, 2019 Page 52 CHAIRMAN KAUFMAN: Good morning. MR. ODOM: Good morning. For the record, Michael Odom, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. And could you gentlemen state your name on the record for us. MR. GARCIA: Oscar Garcia. MR. BATISTA: Hector Batista. CHAIRMAN KAUFMAN: Would you like to read this into the record, Michael? MR. ODOM: Yes, Mr. Chairman. This is an imposition of fines. Past orders, on July 26th, 2018, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5540, Page 2958, for more information. The violation has been abated as of November 1st, 2019. Fines and costs to date as follows: Fines have accrued at the rate of $250 per day for the period from October 25th, 2018, to November 1st, 2019, 373 days -- correction -- 373 days, for a total fine amount of $93,250. Previously assessed operational costs of $59.84 have been paid. Operational costs for today's hearing: $59.56. Total amount: $93,309.56. The gravity of this initial violation was low. The respondent did obtain a vegetation removal permit and implemented the approved mitigation plan as directed. No previous overclearing violations have occurred. And communication throughout this process has been constant and good. CHAIRMAN KAUFMAN: Okay. Comments from the November 22, 2019 Page 53 Board? (No response.) CHAIRMAN KAUFMAN: I was going to ask why did it take so long? MR. BATISTA: Well, the problem is, we had to go in, we had to do engineering, I had to hire an engineer, and I had to take it back to the county. It gets put back. Engineer goes back again, writes it and draws it. It goes back. On the permit alone it went back about probably six months going back and forth. Finally we got approved on what the county wanted and the type of trees and all that. So then I hired a nursery that just carries the right trees that they wanted. So they brought me all the right trees that they wanted, and it was like 700 trees. So then I had to come back and call the county. Finally -- it was Tabatha. She gave me an appointment. She went out there and told me where they wanted all the plants. We put all the plants. Then we also had a problem with the lean-to shed on the back that -- everything's close. It was, I don't know, too close to the fence. We had to remove it. So I had to go back again to the drawing of the trees. So it was the same amount of trees, but they just wanted to see another line. So that's why it's been taking -- Mr. Mike could tell you, every time they asked me for something, I go to the county, I take them the paperwork, and I sit and wait till finally I got everything closed. I got everybody from the county to go out there and make sure that everything that they wanted is there, and I guess it is. Everything is closed and finalized, and nothing else has been moved, and... CHAIRMAN KAUFMAN: So you're here today to ask the Board to do away with the fine? MR. BATISTA: If you can do that, yes, because only on November 22, 2019 Page 54 this part of the deal has cost me quite a few -- it cost him quite a few dollars to get all this done in between engineering trees. Trees alone we got, like, $6,000 for weed. CHAIRMAN KAUFMAN: Okay. Well, yes, we can do it if someone makes a motion to that effect. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The fines are gone. MR. BATISTA: Thank you. MR. GARCIA: Thank you. MS. CURLEY: Good luck. MR. BATISTA: You-all have a very nice day, a nice Thanksgiving and Christmas. CHAIRMAN KAUFMAN: You too. MR. GARCIA: Thank you. MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 5, CEPM20180000456, John Albarracin. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. November 22, 2019 Page 55 MR. ALBARRACIN: John Albarracin. CHAIRMAN KAUFMAN: Okay. And, Joe. MR. MUCHA: Joe Mucha, supervisor, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. You're on. MR. MUCHA: Actually, I think Mr. John has a request he'd like to make. MR. ALBARRACIN: Yes. I would like to make a request of waive of fines. The hurricane knocked down my pool cage, and I hire a company, and I paid the deposit, and they did some plans and present it to the Collier County, and they denied the plans because they were wrong. They had to do a lot of changes. They never did the changes. But on the other hand, they were telling me that a lot of houses got damaged because of the hurricane, and the county, it was working real slow to approve changes on these plans. So he said -- he used to tell me just wait and wait until those plans are approved. But he never amended those plans. And I got contacted by the Collier County that -- what was going on with my project. So what I decided to do at that point, since this company never did anything to satisfy the county -- well, I hire a different company, and this company start working real well. They got the plans approved, and they finally complete the plans and the project, but the other company wasted a lot of time. I was here before. They gave me an extension of time so I could complete my project, which I did, and -- but now they are telling me that I have to pay some fines. And I would like to ask you a favor if you could waive the fines because that wasn't -- I was trying to comply to the Board right from the beginning, but this other company wasted a lot of time. November 22, 2019 Page 56 CHAIRMAN KAUFMAN: Okay. Before we address your request, do you want to read this into the record, Joe? MR. MUCHA: If you would like me to, yes. CHAIRMAN KAUFMAN: Okay. I think it's required, isn't it? MR. LETOURNEAU: I'm not sure if it's required, but it's pretty much policy that we've been doing it for many years. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Sure, I can read it. The violation was of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Violation location was 4480 Beechwood Lake Drive, Naples; Folio No. 53901560007. The description of the violation was a damaged screen enclosure and pool that was not being maintained. Past orders: On March 28th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5618, Page 1815, for more information. On June 27th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board for more information. Violation has been abated as of September 20th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from April 30th, 2019, to September 20th, 2019, 144 days, for a total fine amount of $36,000. Previously assessed operational costs of $59.56 and $59.35 have been paid. Operational costs for today's hearing is $59.42. November 22, 2019 Page 57 For a total fine amount of 36,059.42. CHAIRMAN KAUFMAN: Okay. Now we have to consider your request. Anybody like to make a motion from the Board? MR. LEFEBVRE: I make a motion to deny the county's request to impose fines. MS. CURLEY: I second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Fines are gone. MR. ALBARRACIN: Oh, thank you, sir. Thank you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Good luck. MR. ALBARRACIN: And have a nice Thanksgiving. CHAIRMAN KAUFMAN: Thank you. You, too. We're going to take a 12-minute break now for the court reporter. (A brief recess was had from 10:27 a.m. to 10:42 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Boards back to order. MS. BUCHILLON: Mr. Chairman, we have another change to the agenda. November 22, 2019 Page 58 CHAIRMAN KAUFMAN: No, it's too late for changes. Okay. Do you have another stipulation? MS. BUCHILLON: No, we have a withdrawn. CHAIRMAN KAUFMAN: Okay. That's even better. Okay. MS. BUCHILLON: Under imposition of fines, No. 8, CESD20170014131, Carlos A. Rojas PA, has been withdrawn due to recent change of ownership. CHAIRMAN KAUFMAN: And our next case is? MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 7, CESD20160015129, Luis Flores Salciero. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. SALCIERO: Luis Flores Salciero. MS. FLORES: Sheila Flores. I'm his daughter. CHAIRMAN KAUFMAN: Okay. MS. GUY: Good morning. MR. SALCIERO: Good morning. MS. GUY: For CEB Case No. CESD20160015129, Collier County Land Development Code 04-41, as amended, Section 4.05.01(B), 10.02.06(B)(1)(e), 10.02.06(B)(1)(c), and Collier County code of laws and ordinances, Chapter 22, Article IV, Section 22-108. The location is 2298 Everglades Boulevard South, Naples, Florida; Folio 41287600004. The description is the site work, improvement of property, grading, or removal of protected vegetation using heavy machinery without a permit which would allow same; alteration November 22, 2019 Page 59 of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from the county. See damaging native vegetation by the use of heavy machinery to remove exotic and nonnative vegetation; D, worked on the right-of-way, including a temporary driveway access from Everglades Boulevard without first obtaining valid Collier County permits. Past order: On June 22nd, 2017, 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. Please see the attached order, OR5410, Page 3377, for more information. On January 26th, 2018, the Code Enforcement Board granted a continuance. The attached order OR5477, 2466. This violation has not been abated as of November 22nd, 2019. The fines and costs to date are as follows: The fines have accrued at a rate of $100 per day for the period from September 21st, 2017, to November 22nd, 2019, 793 days, for a total fine amount of $79,300. Fines continue to accrue. Previously assessed operational costs of 67.69, 59.84, and 59.70, have been paid. Today's operational costs are 59.49. Total amount is $79,359.49. CHAIRMAN KAUFMAN: Okay. Good morning. MS. FLORES: Good morning. MR. SALCIERO: Good morning. CHAIRMAN KAUFMAN: So? MS. FLORES: So we would like to ask for an extension because he did not understand the process, and we thought that by getting the building permit everything was going to be okay, but apparently we have to ask for an after-the-fact vegetation November 22, 2019 Page 60 removal or something like that, and he didn't know that. So we would like to ask for, like, a three-month extension so that we can get everything done. CHAIRMAN KAUFMAN: Well, this has been going on since 2017. MS. FLORES: Yeah, we know that, but, like, he didn't know that, but you guys can see that we have been doing other things, and we have been getting other permits. So the reason why he haven't done the permit is because he didn't know that he had to do it. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MS. CURLEY: Is there a house being built here? MS. GUY: Yes, that's correct. The permit he applied for was in 2017, his building permit. It took a long time. There was many rejections. It actually -- the issuance dates for that building permit is June 2019. So I believe with the communication barrier, he was under the understanding if his building permit was approved, that it would take care of the portion of the vegetation removal, but Environmental has reviewed it with Collier County and has determined it does not. He needs an additional after-the-fact vegetation removal permit. CHAIRMAN KAUFMAN: Is it because the amount of vegetation that was removed is more than one acre? MS. GUY: That would be correct. CHAIRMAN KAUFMAN: How much was removed? MS. GUY: Just over that amount. MR. ORTEGA: Am I to understand the mitigation process has or has not commenced? Replanting of trees, in other words. MS. GUY: Well, I can refer to the notes from the environmentalist. It was -- this is a very old case. And she -- I November 22, 2019 Page 61 just requested her to review it, and she responded in September. And she stated that the CEB order for the ERP exemption letter from DEP is satisfied. Since the DEP concluded there were no wetlands on site, there is no need to mitigate for any impacts to the wetlands. Paragraph C of the CEB order is no longer applicable. So the impacts to the wetlands were found by DEP. Now, the 2019 aerial depicts 44,870 square feet of clearing, which is slightly more than one acre. She directs the owner to obtain an after-the-fact vegetation removal permit for the clearing of the fence line, which would bring him into compliance with the LDC of one-acre clearing restrictions, assuming the house passes all the COs. MR. ORTEGA: Okay. What state is the house in right now? MS. FLORES: Well, we had everything done. We're working on the roof right now. MS. GUY: Yeah. There was an inspection that just passed on November the 4th for the -- I think it was for the flashing or the dry-in yeah. MR. ORTEGA: I mean, replanting of vegetation can be done at any time, but the reality is that when you're under construction, that's one of the things they leave for the last; landscape. MR. LETOURNEAU: I think, though, the thing is that the building permit mitigates the one acre, and then whatever's above and beyond that, the vegetation removal permit will cover. CHAIRMAN KAUFMAN: Okay. Let me just try to do my Bob summary. You're allowed with the building permit to do 43,560 square feet. MR. ORTEGA: Up to. November 22, 2019 Page 62 CHAIRMAN KAUFMAN: What was done was 44,000. So it was a little bit more of clearance. MS. GUY: That's correct. CHAIRMAN KAUFMAN: An extra tree or bush or whatever it was. And because of that being over the 43,560 is what's causing this not to be approved? MS. GUY: That would be correct. MS. CURLEY: How do you measure that? You measured it by aerial? MS. GUY: This case was previously assigned to me by another officer, but I do know the initial inspections, the environmentalist, Michaelle Crowley, Investigator Virginie Giguere, and another code investigator did measurings on site as well. So they -- all three were involved in the initial investigation where the violation was issued and went to hearing. MR. LETOURNEAU: They use a measuring wheel in a lot of these. MS. CURLEY: So putting the house on it doesn't exempt that the footing -- the area of the house doesn't take it out? So if you measured now, it would be less than an acre? MR. LETOURNEAU: No. CHAIRMAN KAUFMAN: No. It's the total -- it's the total area, I understand. And I also understand that measuring with the wheel and measuring by a surveyor certainly would be considered different. Have you had this measured by a surveyor? MS. FLORES: Yeah, we have. CHAIRMAN KAUFMAN: And what did the surveyor say as far as the total amount that was cleared? MS. ELROD: Removed. MS. FLORES: He said that it says that it was -- like, what was removed, it was less than an acre. We have all the November 22, 2019 Page 63 paperwork here but, like -- MR. ORTEGA: Was that something that your dad requested? Because this is not something that a surveyor general does, but it is the most accurate way of probably doing it. MS. FLORES: No. MR. ORTEGA: Because -- maybe the confusion here is that he had a surveyor do a survey. MS. FLORES: Yeah. MR. ORTEGA: Maybe a spot survey. But to have the surveyor go out and outline the amount of vegetation that exists or has been removed, it's done, but it's not something that's normal. But to go back on how they evaluate or establish the amount of vegetation that's removed, it's approximate. It's not accurate. MR. LETOURNEAU: I will say this, though, that once the house gets the CO, we'll reevaluate at that point, and then any evidence that he has from a survey we would definitely take under consideration. CHAIRMAN KAUFMAN: So if we were to continue this for, for instance, four months, at that time the respondent would return, hopefully be into compliance, we'd be in a better -- we'd have more information to make a better decision as far as fines are concerned. Having said that -- MR. LEFEBVRE: I guess, when do you expect to have the house completed? MS. FLORES: Like, we don't have any contractor doing the house. We're doing everything by owner, so it would take a little bit longer than normal, but he said that approximately, like, a year. CHAIRMAN KAUFMAN: Is this a 1.14-acre parcel? MS. FLORES: Yeah. November 22, 2019 Page 64 CHAIRMAN KAUFMAN: So my concern on something like that is, 1.14 is 660 feet deep by 75 feet wide. So when you put a house on that, you only have seven-and-a-half feet on each side for setbacks. That's got to be pretty accurate so that you're not encroaching on the setbacks. So I don't know how you measure it. Somebody would have to measure -- correct me if I'm wrong, Herminio. MR. ORTEGA: I think I lost you somewhere. Your train of thought -- CHAIRMAN KAUFMAN: A 1.14-acre, that's what you have? MS. FLORES: (Nods head.) CHAIRMAN KAUFMAN: 1.14-acre lot is 75 by 660. MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: When you put a house in the middle of it, you have no problem with the 660, but your side has to be in -- MR. ORTEGA: Right. You have to meet compliance with the side yard setbacks. CHAIRMAN KAUFMAN: Setback, which is seven-and-a-half feet on each side. MR. ORTEGA: If the house is designed to the full width. CHAIRMAN KAUFMAN: Right. And most of the ones that they're putting on 1.14 acres are. So -- but you have to be pretty accurate at that point. You're not talking about a lot of distance. MR. ORTEGA: That's correct. The old ways -- the way they used to do it is that the builder went and did it, did the survey, the layout, the building layout. When you're in a situation like that, you don't want to take a risk. So, basically, the surveyor will go out there and conduct or perform the building November 22, 2019 Page 65 layout so that way you don't run the risk of encroachment. CHAIRMAN KAUFMAN: Okay. Cristine, have you been sworn? MS. PEREZ: No, I have not. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: For the record, Code Enforcement Supervisor, Cristina Perez. The property itself is a 1.64-acre parcel, so it is a little bit bigger than the, you know, legal nonconforming lot. The county's position is that on the previous order that was issued by the Board, the mitigation itself, is not part of the order. So based on what was cleared and the building permit for the house, the building permit for the fence, the only outstanding issue is for them to apply for that vegetation removal permit, which is what was explained to him. His understanding was, I have my permits. I should be good because it, you know, coincides with the clearing. But, unfortunately, he still has to go through that after-the-fact permitting process. So that's all that we have pending. We don't have to hold up this case until the home itself is completed as long as he applies for, you know, that vegetation removal permit. So I think the recommendation that they're making of three months is -- you know, should be reasonable. It is, unfortunately, going to cost him four times the amount of the original permit so, you know, we -- the county has no objection in the three-month time frame. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: That's helpful. CHAIRMAN KAUFMAN: Would someone like to make a November 22, 2019 Page 66 motion? MR. LEFEBVRE: I make a motion to continue this case for 90 days. MS. CURLEY: I'll second that. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to continue for 90 days; three months. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Be sure that what they're asking for you get done, and we'll tackle the fines at a later date. MS. FLORES: Thank you. MS. GUY: Thank you. CHAIRMAN KAUFMAN: Okay. MR. SALCIERO: Thank you. MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 9, CEAU20180009226, Janice Masey. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on November 22, 2019 Page 67 the microphone for us. MS. HICKOK: Tina Marie Hickok. Janice Masey is my mother. CHAIRMAN KAUFMAN: Okay, Joe. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. I'll read this into the record. It was a violation of Collier County Land Development Code as amended, Section 5.03.02(F)(5)(b). Location was 15985 Janes Scenic Drive, Copeland; Folio 01134080005. Description of the violation was a chain-link fence with barbed wire for residentially zoned property. Past orders: On February 28th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5607, Page 529, for more information. On June 27th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board under documents and images for more information. Violation has been abated as of August 27th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from June 29th, 2019, to August 27th, 2019, for 60 days, for a total fine amount of $6,000. Previously assessed operational costs of $59.56 and $59.28 have been paid. Operational costs for today's hearing is $59.49. For a total final amount of $6,059.49. CHAIRMAN KAUFMAN: Okay. MS. HICKOK: I'm here today just requesting that you-all would please waive these fines. It did take me a while, but this November 22, 2019 Page 68 year I've had quite a few different obstacles that I had to face. I did get it took care of. I'm just asking that the fines be waived, please. CHAIRMAN KAUFMAN: Okay. The Board, anybody like to make a motion? MR. ORTEGA: I'll make a motion to deny the county's fines against the respondent. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. Thank you. MS. HICKOK: Thank you all very much. CHAIRMAN KAUFMAN: Joe, one quick question while you're here -- MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: -- and for the viewers that watch this, there is no barbed wire permitted on any residential property; is that correct? MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Is there barbed wire permitted on any other property in Collier? November 22, 2019 Page 69 MR. MUCHA: For, like, commercial properties it would be. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Certain districts, and agricultural, yes, sir. CHAIRMAN KAUFMAN: Okay. So the people who sell barbed wire should be aware of those rules. MS. HICKOK: It was up there since 1996 when my mom bought the property, yeah. CHAIRMAN KAUFMAN: It should have rusted away by then. MS. CURLEY: Maybe it was a farm before. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 12, CESD20180002262, CTPML, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. CURRY: Good morning. MR. FOGELSONG: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. CURRY: Yeah, Richard Curry. MR. FOGELSONG: Michael Fogelsong. CHAIRMAN KAUFMAN: Okay. And, Michele, would you like to read this into the record for us. MS. McGONAGLE: I believe that the respondents would like to talk to you first. MR. CURRY: Yeah. My name's Richard Curry. I'm the property manager for CTPML. Here in 2017 the company I work for purchased a commercial property with some offices; retail, and some industrial flex. A couple of those units, when we took November 22, 2019 Page 70 possession, had experienced -- appeared to be maybe some flooding, a little bit of drywall damage, what have you. We took it upon ourselves -- we just repaired those. Unbeknownst to us we needed a permit to do that, and then subsequently they got inspected. Obviously, that's why we're here, because it needed a permit. So then we have since hired an architect to come look at those two units, hired a contractor to help us resolve any and all of those issues, and we're here today to just request additional time to get all of those things completed, inspected, and get everything closed out, so... CHAIRMAN KAUFMAN: And how much time do you think that will take? MR. FOGELSONG: I would say probably -- I mean, with the holidays, it's a lot slower right now, so it makes things a lot easier. I would say best-case scenario would be the end of January, but just -- because we all know in the industry, just an extra maybe buffer month we can get. By the end of February, we should be able to get everything rectified, inspected, taken care of 100 percent. CHAIRMAN KAUFMAN: So what you're asking for is a continuance on this case till -- MR. CURRY: That's fine. MR. FOGELSONG: Yes, please. CHAIRMAN KAUFMAN: Okay. Comments? Questions from the Board? MR. ORTEGA: Is the permit already applied for? MR. FOGELSONG: Yes. MR. ORTEGA: But you don't have the permit in hand yet? MR. FOGELSONG: Not in hand yet, no, sir. MR. ORTEGA: Okay. And the extent of the work? November 22, 2019 Page 71 MR. FOGELSONG: It is -- I think the two units that are still in here is -- there was one unit that was demoed prior to the purchase. It's going to be a permit by affidavit. We're going to have to kind of probably tear open the walls, have them look at the fire walls that were worked on, and the other one, there was some work where the water damage was. It was -- again, part of it was on a firewall so we're going to have to have that inspected. I think right now they're not accepting a permit by affidavit, so we're going -- we have a fire contractor -- a firewall contractor already involved. There was -- I mean, just some minor -- some minor things, some minor framing as well, but it's just -- unfortunately, the permit process -- it just takes some time, and since the work's already done, getting some subcontractors, I mean, they're taking ownership of this as well, so they have to go there, inspect it, take a look at it, and it's just -- yeah. Sorry. CHAIRMAN KAUFMAN: Don't be sorry. MR. ORTEGA: And the amount of time you're requesting? MR. FOGELSONG: Just -- MR. CURRY: Ninety days. MR. FOGELSONG: Ninety days, essentially, yeah. CHAIRMAN KAUFMAN: You want to make a motion for a continuance? MR. ORTEGA: I'll make a motion for a continuance for 90 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? November 22, 2019 Page 72 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. FOGELSONG: Thank you so much. Have a good one. MR. CURRY: Appreciate it. CHAIRMAN KAUFMAN: So we're expecting to see you back here in February unless it snows. MS. BUCHILLON: Unless it snows. Next item on the agenda under imposition of fines, No. 11, CESD20180003607, Luis Patino and Papadorelly, LLC. (The speakers were duly sworn and indicated in the affirmative.) Would you state your name on the microphone for us. MR. PATINO: Luis Patino. CHAIRMAN KAUFMAN: Okay. Cristine? MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in regards to Case No. CESD20180003607. Violations: Collier County Land Development Code, as amended, Section 3.05.01(B) and 10.02.06(B)(1)(e). Location: 741 18th Ave. Northwest, Naples, Florida; Folio No. 37591520004. Description: Site work improvement on property, grading, November 22, 2019 Page 73 and/or removal of protective native vegetation, ground cover, and mid-story plants by heavy machinery without a permit that would allow same. Past orders: On July 26th, 2018, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5540, Page 2971, for more information. On June 27th, 2019, the Code Enforcement Board granted a -- I'm sorry. CHAIRMAN KAUFMAN: Continuance. MS. PEREZ: -- continuance. See the attached order of the Board under documents and images for more information. The violation has been abated as of November 5th, 2019. Fines have accrued at the rate of $250 per day for the period from April 22nd, 2018, to November 5th, 2019, 198 days, for a total fine amount of $49,500. Previously assessed operational costs of $59.70 have been paid. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing are $59.56. With a total amount of $49,559.56. CHAIRMAN KAUFMAN: Okay. MR. PATINO: Hi. CHAIRMAN KAUFMAN: Hi. MR. PATINO: I'm here to plead to waive the fees. CHAIRMAN KAUFMAN: Okay. Was this a piece of property that you were going to build a house on? MR. PATINO: Yes, and then I fell into some turmoil with -- like a domino effect: Family, business, the whole, you know, life crisis, midlife, yeah. November 22, 2019 Page 74 MR. LEFEBVRE: And your partner -- MS. CURLEY: And your partner hosed you? MR. PATINO: And -- yeah, and the partner that screwed me, and the whole, you know -- of course. CHAIRMAN KAUFMAN: Technical term. MR. PATINO: I was the only one holding the bag at the end. So I'm just here to -- I got everything in compliance. It's taken me a lot of work. I was able to get the architect to draft up the plan, thanks to Cristina and her contacts, because none of the people that we kind of talked to -- and we talked to a lot of people -- were giving us the time of day. Finally, we got it done. Everything was, like, almost, like, at the last freakin' minute just to be here on this board meeting here because, otherwise, I would lose a property in Port Charlotte. So that I can get some -- use this property as collateral to get these liens off. It's a mess. MS. CURLEY: Well, I was glad to see that you're here. So I know it was a long -- this has been a long process for you. I'll make a motion to deny the county's request for the fines. MR. PATINO: Thank you. MS. ELROD: Second. MR. PATINO: Thank you. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. November 22, 2019 Page 75 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PATINO: Happy Thanksgiving. MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 1, CESD20180005375, SA Equity Group LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. OKAB: My name is Waleed Okab. CHAIRMAN KAUFMAN: Okay. You can pull the microphone up. There you go. Okay, Chris. MR. AMBACH: All set? For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 0 -- as amended, Section 10.02.06(B)(1)(a). Location: 114 New Market Road East, Immokalee, Florida; Folio No. 63864280003. Description: Newly installed metal building with electric on improved occupied commercial property. Past orders: On October 26th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5567, Page 3024, for more information. On July 25th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board under documents and images for more information. November 22, 2019 Page 76 The violation has been abated as of September 27th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from February 24th, 2019, to September 27th, 2019, 215 days, for a total fine amount of $53,750. Previously assessed operational costs of $59.77 and $59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount due: $53,809.42. CHAIRMAN KAUFMAN: Okay. Good morning. MR. OKAB: Good morning. I'm here today to ask if you guys can please waive those fines. CHAIRMAN KAUFMAN: Okay. Questions of the respondent from the Board? MR. ORTEGA: Do you own this building, or you're a tenant? MR. OKAB: No, I represent the owner. I work for the owner of the market. MS. CURLEY: I remember you. CHAIRMAN KAUFMAN: Is this the last case? MR. OKAB: There's one more, I think. MS. CURLEY: I thought he was just coming to watch the go (sic) today. CHAIRMAN KAUFMAN: He came to visit you, Sue. MS. CURLEY: No; us. CHAIRMAN KAUFMAN: Okay; us. MS. CURLEY: I know this has been a long -- this was a building that you didn't build? MR. OKAB: Yeah. We had a tenant that, one weekend when I was away, he decided to -- he hired the company, and I came in Monday, and this thing was in. And then we had a request from the county to remove it, and November 22, 2019 Page 77 I couldn't legally remove it myself because then he'd sue me. And then there was a hearing that I didn't know I had to come in. They came in, and you guys gave him four months to remove it. And after those four months have passed, they didn't do anything. And then I got with Steve, and I told him, this guy is not -- they're not doing anything. Can I -- legally, can I do it myself? Because I don't want to be paying those fines. And he said, no, you can't do it. Just -- I recommend that you work with him. And, finally, this guy decides to come in on the weekend, and he just took it down without getting a demolition permit when I -- both Steve and I told him that you cannot just do that. You have to get a demolition permit. So he went ahead and did it without a demolition permit. And then he left me with the task of getting that permit. And I went with the county, and they told me they needed plumbing and electric. We got a plumber, and then I also hired the electric contractor. And after we filed the paperwork, they told me that his license has expired. And I reached out to him. I told him, you have to go to Collier County, pay to reinstate your license, and that took probably, like, three -- from anywheres from two weeks to three weeks to get that approved. And then, finally, we got a final date. I was working with Alamar from Immokalee. And they came in, and they did the inspection, and we passed it. So I know it's been -- I know it's been, like, a -- I don't know, like six, eight months. I'm not sure how long it's been. And right now we're working with the county on getting a Site Development Plan for the market to bring it up to code because, as you probably know, it's not up to code right now. And we just hired the surveying company. They came, and they did the November 22, 2019 Page 78 measurements. So we're working very close with Chris and Steve and all the guys there to bring it up to code. And I know I have an engineer -- City (sic) Engineering Company. He's working with the county to -- I know they're going to sit down and see how much it's going to cost and what work has to be done. And, as you know, that's going to cost a lot of money for us to do that, and we really appreciate if you guys can help us with those fines so we can have the funds to bring the market up to code. CHAIRMAN KAUFMAN: Okay. That was a quick explanation. MR. OKAB: It's very hard. I'm not good at speaking in public. CHAIRMAN KAUFMAN: You did a very good job. MR. AMBACH: Very good job; very good. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. OKAB: Thank you so much. Hopefully you won't see November 22, 2019 Page 79 my face again. CHAIRMAN KAUFMAN: Well, that's too bad. We like seeing. MR. OKAB: Thank you. CHAIRMAN KAUFMAN: Are we at the end of our rope? MS. BUCHILLON: Yes. Would you like to do the stipulations now, the ones that were not present? CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: Okay. Under hearings, No. 6, CESD20190009611, Tammy L. Desormeau. CHAIRMAN KAUFMAN: Good morning. MR. HAMILTON: Good morning. (The speaker was duly sworn and indicated in the affirmative.) MR. HAMILTON: For the record, Daniel Hampton, Collier County Code Enforcement. The stipulation: Therefore, 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 the hearing; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the screen enclosure addition and shed within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the November 22, 2019 Page 80 Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Respondent -- was the respondent here at all today or no? MR. HAMILTON: No. CHAIRMAN KAUFMAN: Let the record show the respondent's not present. Anybody want to make a motion? MS. CURLEY: Is there -- so we don't hear the case then? CHAIRMAN KAUFMAN: Nobody -- he reads the case. They agreed to it. They signed it. MR. HAMILTON: Yes. CHAIRMAN KAUFMAN: We accept it or we don't. MR. DOINO: Make a motion to accept the stip as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the agenda, No. 8, imposition of fines (sic), CEPM20180015946, Monsur Ahmad. November 22, 2019 Page 81 Respondent's not present. They were notified certified mail October 31st, and the property was posted -- CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: -- October 25th. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: Good morning. CHAIRMAN KAUFMAN: Good morning, John. MR. JOHNSON: For the record, John Johnson, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational -- CHAIRMAN KAUFMAN: Hold on one second. Before you leave, we have the blue screen. MR. MILLER: I just rebooted it. It will take a couple seconds. It will be just a couple seconds. CHAIRMAN KAUFMAN: They always say that. MR. MILLER: I'll stay here to make sure. CHAIRMAN KAUFMAN: We trust you. Okay, John. I'm sorry. MR. JOHNSON: Okay. It is agreed between the parties that the respondent shall: 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 required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy to reset and secure the mobile home on its support structures or remove the mobile home from this parcel within 180 days of this hearing, or a fine of $100 per day will be November 22, 2019 Page 82 imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Just a quick brief description of this. MR. JOHNSON: Briefly, this is a mobile home. It's in the Bayshore area. It was knocked off its pilings by Irma. There were other property maintenance issues that the owner has abated. The last thing is to reset this and to make it habitable. It's unoccupied. It is secure. There's no one in it. But he is having a lot of difficulty finding somebody that wants to reset an existing mobile home that was in place. And I don't know what's involved in that, but I believe he is working. So I told him we just couldn't leave it there. It would almost become a land-use issue. You can't store a mobile home that's being unused on this land. MR. ORTEGA: Does it have power to it? MR. JOHNSON: No. He's -- it's been disconnected. In fact, the services have been disconnected. So, you know, under property maintenance, he has to maintain it in the way it was originally permitted, so we had to bring it to the hearing. CHAIRMAN KAUFMAN: How many days do we have on this? MR. JOHNSON: We're giving him 180 days. November 22, 2019 Page 83 CHAIRMAN KAUFMAN: Okay. He's got six months. MR. JOHNSON: Again, there's no one in it. It's safe. It's not occupied. He's maintaining the lawns. The fence he has to take down from Irma. There were other issues. He did everything he's been able to do so far. CHAIRMAN KAUFMAN: Okay? Anybody want to make a motion from the Board? MR. DOINO: Make a motion. CHAIRMAN KAUFMAN: Go ahead. MR. DOINO: Stipulation as written, accept it. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to accept a stipulation as written. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Next stipulation, No. 9, CESD20190007370, Edward A. Cruey, Junior, and Juanita S. Cruey. MR. HAMILTON: Good morning. (The speaker was duly sworn and indicated in the affirmative.) MR. HAMILTON: For the record, Daniel Hamilton, Collier November 22, 2019 Page 84 County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of the hearing; Abate all -- No. 2, abate all violations by obtaining all Collier -- correction -- yeah, all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for a shed with an overhang within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method the 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. Is there any reason why 180 days, or -- MR. HAMILTON: Yeah, they're going to -- they live -- they're out on Chokoloskee, and they have kind of a strange nonconforming lot with some easements that are private that aren't technically properly documented, and they're working on a site improvement and some other things to go on, so it might take a little while. CHAIRMAN KAUFMAN: Okay. Anybody like to take a shot at this one? MR. ORTEGA: Nobody's living there, right? November 22, 2019 Page 85 MR. HAMILTON: Yes, they're living there. It's fairly new construction what they do have there. MR. ORTEGA: When you described -- well, the shed -- description is shed with an overhang. What is that exactly? MR. HAMILTON: Well, it's a shed that's put down on a slab, you know, like a -- you know, it's a fairly nice shed, but they kind of added a vinyl overhang, almost like a trellis -- MR. ORTEGA: Okay. MR. HAMILTON: -- that they put some furniture under. They don't use it for a car or anything like that, so it's kind of like a porch they're using it for, if that makes any sense. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: One hundred and eighty days seems a little bit excessive. CHAIRMAN KAUFMAN: Unfortunately, at this point in time, without the respondent here, there's nothing -- we can either accept it or hear the case. MR. LEFEBVRE: Well, from the testimony, it sounds like there's just not -- it's not as simple as just going, pulling a permit, or moving it. It sounds like there may be some easements that have to be signed off on. MR. HAMILTON: Correct. So when they originally built the house, they had to have some -- it went back and forth with the county, because it's an odd lot. And the setbacks weren't proper, so they had to get variances, and this might be that, too. So they're talking about buying the lot next door and incorporating that and building, you know, where this would -- it would kind of take this permit out. So if they end up doing a different site improvement, that would all be kind of jumbled into that. MR. ORTEGA: Is this a large shed? November 22, 2019 Page 86 MR. HAMILTON: Maybe a, I don't know, 8-by-8 probably. MR. ORTEGA: Oh. So they're going a buy a whole lot for an 8-by-8 shed? MR. HAMILTON: Well, they want to do some other things. He's thinking about putting, like, a three-car garage, all that good stuff. MS. CURLEY: I've got to give it to the guy for building way out there in Chokoloskee. It's a long way to come, you know, just to look at us, so... MR. HAMILTON: I mean, I have no doubt they'll end up taking care of it. It's just -- MS. CURLEY: Yeah, I'll make a motion to accept the stipulation as agreed. MR. DOINO: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Moving right along. MS. BUCHILLON: Next imposition of fines (sic), No. 14, CESD20190009049, Jose S. Olivares-Gonzalez and Ana J. Trejo de Olivares. (The speaker was duly sworn and indicated in the November 22, 2019 Page 87 affirmative.) MR. HAMILTON: Again, Daniel Hamilton, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of the hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the addition or alteration, incorporated a porch overhang and shed within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatements -- correction -- all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at this one? MR. ORTEGA: I'll make a motion to accept the stipulation as is. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. November 22, 2019 Page 88 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And last stipulation, No. 16, CESD20190007550, Julian Pereira and Maria E. Lopez. (The speaker was duly sworn and indicated in the affirmative.) MR. HAMILTON: For the record, Daniel Hamilton, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for a shed located to the rear of the property within 60 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 method to bring the violation into compliance and may use the assistance of the November 22, 2019 Page 89 Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of amendment shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Are there any setback concerns on this? MR. HAMILTON: There is, and that was part of the issue. And from my understanding, he was down there yesterday to give them an updated drawing of what he's going to do. But he knows that if he can't bring it within the setbacks, he's going to have to remove it. So he'll have to obtain a demolition permit. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Quick question. All these cases are similar, all sheds built without permits. The first one, I think, was six months, $200 -- no $100 a day I think it was; the second one was 120 days, $200; and this one's 60 days, $100. Why the -- MR. HAMILTON: Well, the -- a couple of the other cases incorporated an -- had an addition in it, something that was attached to the house -- MR. LEFEBVRE: Okay. MR. HAMILTON: -- like a screen enclosure or an actual overhang that's attached to the main dwelling itself and then maybe had a shed off to the side. So it was a little more complicated than just having one shed located on the property somewhere. MR. LEFEBVRE: Okay. MR. HAMILTON: Like this case. MR. LEFEBVRE: All right. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a motion to accept the stipulation as written. November 22, 2019 Page 90 MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: They shouldn't sell sheds without instructions. CHAIRMAN KAUFMAN: So -- MR. DOINO: Of what? MS. CURLEY: Install without a permit. CHAIRMAN KAUFMAN: This is our last meeting this year. MS. CURLEY: It says on the web page our next meeting is December 1st. That's not true. CHAIRMAN KAUFMAN: I think December 1st is probably the magistrate. MS. BUCHILLON: December 6th. CHAIRMAN KAUFMAN: December 6th. MS. CURLEY: On our site it said we do -- it does say December 1. MS. BUCHILLON: Really? MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: Do you want us to come back? MS. CURLEY: I knew it wasn't, but I just was trying to November 22, 2019 remind Ron last night, then I noticed it said December 1 . CHAIRMAN KAUFMAN: Well, if we have no new business, everybody have a great holiday, a safe holiday. We'll see you all next year. MS. BUCHILLON: Same to you. CHAIRMAN KAUFMAN: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :34 a.m. i . ENFOR -MENT BOARD -11/1/ 401P--v li BE 'Air AN, CHAIRMAN These minutes approve by the Board on �J 2 ) as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 91