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CEB Minutes 02/27/2020February 27, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, February 27, 2020 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Chloe Bowman Ron Doino Herminio Ortega Barbara Ann Davis Kathleen Elrod (Excused) Sue Curley (Excused) ALSO PRESENT: Jed R. Schneck, Attorney to the Board Jeff Letourneau, Manager of Investigations Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement 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 February 27, 2020 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: 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 the property without permits. FOLIO NO: 25967802481 PROPERTY 14708 Apalachee St, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) 1. CASE NO: CELU20190014156 OWNER: SOUTHERN LANE INC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Unimproved commercial property is being leased to the American Legion for use as a parking lot. FOLIO NO: 51690240009 PROPERTY 2332 Tamiami Trl E, Naples, FL ADDRESS: C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CEPM20190012765 OWNER: David W Stoy Jr OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(n). The front and rear porches of the structure are in a state of disrepair. FOLIO NO: 60783840006 PROPERTY 5310 Maple Lane, Naples, FL ADDRESS: 2. CASE NO: CESD20190007900 OWNER: Ildemaro A Fuentes Rodriguez and Yamile Garcia Fernandez OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e). Alteration to garage without permit. FOLIO NO: 36250880002 PROPERTY 5301 18th Ave SW, Naples, FL ADDRESS: 3. CASE NO: CESD20190012387 OWNER: CARLISLE WILSON PLAZA LLC 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). Began renovations/construction prior to obtaining Collier County permits. FOLIO NO: 37221120305 PROPERTY 50 Wilson Blvd S, Naples, FL ADDRESS: 4. CASE NO: CESD20190000715 OWNER: Linda A Deniro OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A garage converted into living space without a permit and a storage shed without a permit. FOLIO NO: 37343440002 PROPERTY 950 29th St SW, Naples, FL ADDRESS: 5. CASE NO: CEPM20190008606 OWNER: Arthur S Nichols and Stella M Nichols OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15) and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unmaintained pool. FOLIO NO: 26830520006 PROPERTY 3112 Gordon St, Naples, FL ADDRESS: 6. CASE NO: CELU20190011110 OWNER: PELICAN LAKE PROPERTY OWNERS ASSOC OF COLLIER COUNTY INC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Observed items being stored in the Preserve area consisting of but not limited to: storage containers, bags of mulch, wood, pavers, signs, sign poles and other miscellaneous items. FOLIO NO: 66679503105 PROPERTY NO SITE ADDRESS ADDRESS: 7. CASE NO: CELU20190011289 OWNER: PELICAN LAKE PROPERTY OWNERS ASSOC OF COLLIER COUNTY INC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Observed paving of asphalt into the drainage easement as well as trailers, pavers, wood, signs, sign poles and other miscellaneous items being stored in the drainage easement. FOLIO NO: 66679503040 PROPERTY NO SITE ADDRESS ADDRESS: 8. CASE NO: CEAU20180013390 OWNER: PELICAN LAKE PROPERTY OWNERS ASSOC OF COLLIER COUNTY INC OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Chain link boundary fence that is damaged. FOLIO NO: 66679503105 PROPERTY NO SITE ADDRESS ADDRESS: 9. CASE NO: CESD20180006433 OWNER: MHC-NAPLES EST LTD PRTNRSHP C/O CAL-AM PROPERTIES INC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two office trailers constructed without a valid Collier County permit. FOLIO NO: 426920007 PROPERTY 400 Palm Haven Blvd, Naples, FL ADDRESS: 10. CASE NO: CEPM20190010477 OWNER: James Bryan Henson OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and Florida Building Code 6th Edition (2017) Building, Chapter 4, Section 454.2.17. Missing permanent pool barrier and screens around lanai. FOLIO NO: 54902440002 PROPERTY 101 Oakland Hills Dr, Naples, FL ADDRESS: 11. CASE NO: CEPM20180004013 OWNER: Betty Jo Robertson and Judy Anne Blake OFFICER: Junior Torres VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Multiple structural issues and unpermitted interior modifications. FOLIO NO: 275560003 PROPERTY 3994 Mercantile Ave, Naples, FL ADDRESS: 12. CASE NO: CEPM20190011518 OWNER: Christina Goldstein OFFICER: Ryan Cathey VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 4, Sections 454.2.17-454.2.17.3. Missing permanent pool barrier. FOLIO NO: 55251920007 PROPERTY 162 Palmetto Dunes Cir, Naples, FL ADDRESS: 13. CASE NO: CEV20190013850 OWNER: Kathy L Snyder Rev Trust OFFICER: Junior Torres VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-97(2). Trailer parked on the side of the residence. FOLIO NO: 63455560006 PROPERTY 1200 Granada Blvd, Naples, FL ADDRESS: 14. CASE NO: CESD20190003219 OWNER: Mark Ryan Morgan OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alteration/repairs to seawall. FOLIO NO: 46273160003 PROPERTY 241 Harbor Pl N, Goodland, FL ADDRESS: 15. CASE NO: CEPM20180012211 OWNER: John Philip David Lawson and Coral Andrea Lawson OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code 6th Edition (2017) Building, Chapter 4, Sections 454.2.17.1 through 454.2.17.3. Outdoor swimming pool without a protective barrier. FOLIO NO: 32433032804 PROPERTY 8980 Cherry Oaks Trail, Naples, FL ADDRESS: 16. CASE NO: CEPM20190014484 OWNER: LSF10 MSTR PARTICIPATION TRUST OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15). Pool not being maintained and green in color. FOLIO NO: 79904131145 PROPERTY 8232 Xenia Ln, Naples, FL ADDRESS: 17. CASE NO: CELU20180008693 OWNER: 350-BH LL OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Collier County Land Development Code 2004-41, as amended, Section 2.02.03. Outside storage of marble slabs/granite in a zoning area not approved such outside storage. FOLIO NO: 60630080003 PROPERTY 4202 Tamiami Trl, Naples, FL ADDRESS: 18. CASE NO: CELU20180013990 OWNER: Vladimir Portal and Caridad Paz OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted improvements/structures: a converted garage, an aluminum porch, an entry addition, a large warehouse, a swimming pool and ground level addition to the permitted pigeon coop. FOLIO NO: 36914160000 PROPERTY 2035 Golden Gate Blvd W, Naples, FL ADDRESS: 19. CASE NO: CESD20190013362 OWNER: NICMAR1617 LLC 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). Improvements to the home including, but not limited to, drywall and electric. FOLIO NO: 55401760004 PROPERTY 251 Torrey Pines Pt, Naples, FL ADDRESS: 20. CASE NO: CESD20190000241 OWNER: Mike Rudzinski and Anita Rudzinski OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-4, as amended, Section 10.02.06(B)(1)(a). A covered deck (pergola) has been constructed without the required permits and inspections. FOLIO NO: 71070440001 PROPERTY 272 Yorkshire Ct, Naples, FL ADDRESS: 21. CASE NO: CESD20190005289 OWNER: Raakel Braun Revocable 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)(i). Interior remodeling without required permits. FOLIO NO: 48480640000 PROPERTY 1000 Manatee Road A304, Naples, FL ADDRESS: 22. CASE NO: CESD20180010758 OWNER: Reford Young 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). Renovations/alterations including, but not limited to, replacing a hot water heater. FOLIO NO: 56420000728 PROPERTY 1375 Mainsail Dr, Unit 1704, Naples, FL ADDRESS: 23. CASE NO: CESD20190011745 OWNER: Diane M Moore OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior building/alteration without permit. FOLIO NO: 81623040000 PROPERTY 140 Lime Key Ln, Naples, FL ADDRESS: 24. CASE NO: CELU20190004270 OWNER: Calogero Vaccaro OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Witnessed illegal outside storage of miscellaneous construction material, household items other non- descript materials. FOLIO NO: 61837120008 PROPERTY 4901 Palmetto Ct, Naples, FL ADDRESS: 25. CASE NO: CEPM20190007369 OWNER: RCS HOLDINGS LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b), 22-231(12)(n) and 22-231(19)(a) and (c). Missing torn screens in screen enclosure. FOLIO NO: 79904701203 PROPERTY 7143 Marconi Ct, Naples, FL ADDRESS: 26. CASE NO: CESD20190003079 OWNER: MAYO INVESTMENT 101 LLC OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Carport erected without a permit. FOLIO NO: 68892480003 PROPERTY 62 Grosbeak Ln, Naples, FL ADDRESS: 27. CASE NO: CELU20190010945 OWNER: Moise Smith and Erlange Edouard OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter/prohibited outside storage including, but not limited to, wood, pavers, buckets, vacuum, tarp, and other household items. FOLIO NO: 48600002143 PROPERTY 12200 Fuller Ln, Naples, FL ADDRESS: 28. 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) and10.02.06(B)(1)(e). Unpermitted shed in rear yard. FOLIO NO: 48600002143 PROPERTY 12200 Fuller Ln, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20180006068 OWNER: Carmen Vasallo OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted flat-roofed aluminum storage shed, an unpermitted re-roof on a permitted frame storage shed, and two unpermitted canopies attached to the dwelling all in the rear yard of improved occupied residential property. FOLIO NO: 63852560007 PROPERTY 1013 New Market Rd W, Immokalee, FL ADDRESS: 2. CASE NO: CEPM20190000805 OWNER: Kitti Augsondthung and Wanwisa Augsondthung OFFICER: Michael Odom VIOLATIONS: Collier County Code of Laws and Ordinances, Section 2- 231(15) and Florida Building Code, 6th Edition (2017), Sections 454.2.17.1 through 454.2.17.3. Missing required pool enclosure. FOLIO NO: 81216000965 PROPERTY 766Waterloo Ct, Naples, FL ADDRESS: 3. CASE NO: CESD20170002774 OWNER: N-A PROPERTIES LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections10.02.06(B)(1)(a)(e) and (i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 PROPERTY 5630 Copper Leaf Lane, Naples, FL ADDRESS: 4. CASE NO: CESD20180003308 OWNER: Germaine Nelson OFFICER: John Fuentes 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). Garage altered to living space and no Collier County Building Permit obtained. FOLIO NO: 36325440005 PROPERTY 2671 55th Terr SW, Naples, FL ADDRESS: 5. CASE NO: CESD20170018508 OWNER: A V VISION LLC OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations and additions commenced without obtaining proper Collier County Building Permits. FOLIO NO: 32488080005 PROPERTY 4588 Parrot Ave, Naples, FL ADDRESS: 6. CASE NO: CESD20160016422 OWNER: Najeeb Ullah OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(A) and 10.02.06(B)(1)(E)(I). Interior remodeling consisting of but not limited to, removing drywall and insulation with plans to replace them with new drywall without first obtaining a valid Collier County Permit. FOLIO NO: 62205720000 PROPERTY 5349 Holland St, Naples, FL ADDRESS: 7. CASE NO: CENA20190009868 OWNER: Rose Manie Numa OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, 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: 8. CASE NO: CEV20190010125 OWNER: Rose Manie Numa OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Section 130-95. Multiple unlicensed/inoperable vehicles on estates zoned improved parcel. FOLIO NO: 41283720001 PROPERTY 2792 24th Ave SE, Naples, FL ADDRESS: 9. CASE NO: CENA20190003644 OWNER: Frances M Smugorzewski Est. c/o Juanita Bowersox OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Section 54-179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Witnessed debris and litter on this parcel. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL ADDRESS: 10. CASE NO: CEPM20180008642 OWNER: Chad Barancyk OFFICER: Sherry Patterson VIOLATIONS: Florida Building Code, 6th Edition (2017), Sections 454.2.17.1.1 through 454.2.17.1.15 and Collier County Code of Laws and Ordinances, Section 22-26. Swimming pool on residentially zoned property without approved safety barrier. FOLIO NO: 51441280001 PROPERTY 1974 Countess Court, Naples, FL ADDRESS: 11. CASE NO: CESDSD20170016853 OWNER: Guixian Wu OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Building/remodeling without first obtaining a permit. FOLIO NO: 50880006025 PROPERTY 623 Palm Dr, Naples, FL ADDRESS: 12. CASE NO: CESD20170011136 OWNER: SOMAR 1939 LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two expired building permits for the property (PRBD20111005151) and (20151238615) pertaining the reconstruction of the home from fire damaged. FOLIO NO: 37062200002 PROPERTY 1361 Golden Gate Blvd W, Naples, FL ADDRESS: 13. 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 6th Edition (2017), Chapter 4, Section 454.2.17. Mobile home in disrepair with visible 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: 14. CASE NO: CEAU20190005915 OWNER: Sylvie E Nutten OFFICER: Arthur Ford VIOLATIONS: Florida Building Code, 6th Edition (2017) Section 105.1, as adopted by reference in the Code of Laws and Ordinances of Collier County, Florida. Unpermitted damaged privacy wall. FOLIO NO: 27586280000 PROPERTY 496 Willet Ave, Naples, FL ADDRESS: 15. CASE NO: CESD20180011522 OWNER: Favian Rodriguez and Caridad Salceiro OFFICER: Thomas Pitura VIOLATIONS: Florida Building Code, 6th Edition (2017), as adopted by reference on Code of Laws and Ordinances of Collier Count, Section 22-26 and Collier County Land Development Code, 041-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Expired permit PRBD20150514925 for aluminum framing and roof panel. No permit for open porch addition to the rear with concrete block wall. Voided permit 2011030226 for 6’ vinyl fence with gate. FOLIO NO: 77390002589 PROPERTY 13671 Legacy Ln, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE-THURSDAY FEBRUARY 27, 2020 XIV.ADJOURN February 27, 2020 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time it 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 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. Now, a good time to turn off your ringers on your cell phones. And we'll start with everybody stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we begin with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Mr. Herminio Ortega? February 27, 2020 Page 3 MR. ORTEGA: Here. MS. BUCHILLON: Ms. Barbara Ann Davis? MS. DAVIS: Here. CHAIRMAN KAUFMAN: And Sue is -- MS. BUCHILLON: I'm sorry. Sue is excused and so is Kathleen. CHAIRMAN KAUFMAN: Okay. Anybody have any comments on the minutes from last meeting? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll take a motion from the Board to accept them. MR. DOINO: Motion to accept. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda; the asks. Are there any changes? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: What a surprise. MS. BUCHILLON: First we have stipulations. We're going to start with No. 21 under hearings, CESD20190005289, Raakel Braun Revocable Trust. Next stipulation, No. 6, CELU20190011110, Pelican Lake February 27, 2020 Page 4 Property Owners Association of Collier County. Number 7, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc. Number 2, CESD20190007900, Ildemaro A. Fuentes and Yamile Garcia Fernandez. Number 22, CESD20180010758, Redford Young. And the last stipulation, CESD20190011745, Diane M. Moore. CHAIRMAN KAUFMAN: What number was that one? MS. BUCHILLON: Number 23. CHAIRMAN KAUFMAN: So much for the stipulations. MS. BUCHILLON: We also have withdrawns, too. CHAIRMAN KAUFMAN: Good. MS. BUCHILLON: Okay. Under public hearings, D, hearings, No. 1, CEPM20190012765, David W. Stoy, Jr., has been withdrawn due to voluntary compliance. Number 5, CEPM20190008606, Arthur S. Nichols and Stella M. Nichols, has been withdrawn. Respondent will be out of town. Number 8, CEAU20180013390, Pelican Lake Property Owners Association of Collier County, Inc., has been withdrawn due to compliance efforts. Number 9, CESD20180006433, MHC-Naples Estate Partnership, has been withdrawn due to compliance efforts. Number 10, CEPM20190010477, James Brian Hanson, has been withdrawn due to compliance efforts. Number 11, CEPM20180004013, Betty Jo Robertson and Julie Anne Blake, has been withdrawn due to -- has come in compliance. Number 12, CEPM20190011518, Christina Goldstein, has been withdrawn due to voluntary compliance. Number 13, CEV20190013850, Cathy L. Snyder revocable trust, has been withdrawn due to voluntary compliance. Number 15, CEPM20180012211, John Philip David Lawson February 27, 2020 Page 5 and Coral Andrea Lawson, has been withdrawn due to compliance efforts. Number 17, CELU20180008693, 350-BH LL has been withdrawn due to voluntary compliance. Number 19, CESD20190013362, NICMAR 1617 LLC, has been withdrawn due to compliance efforts. Number 20, CESD20190000241, Mike Rudzinski and Anita Rudzinski, has been withdrawn due to voluntary compliance. Number 24, CELU20190004270, Calogero Vaccaro, has been withdrawn due to voluntary compliance. No. 26, CESD20190003079, Mayo Investment 101 LLC, has been withdrawn due to compliance efforts. Number 27, CELU20190010945, Moise Smith and Erlange Edward, has been withdrawn due to voluntary compliance. Number 28, CESD20190010947, Moise Smith and Erlange Edward, has been withdrawn due to voluntary compliance. And under imposition of fines, No. 12, CESD20170011136, SOMAR 1939 LLC, has been withdrawn due to compliance efforts. And those are all the changes to the agenda. CHAIRMAN KAUFMAN: Okay. I'd like to get a motion from the Board to accept the agenda as modified. MR. DOINO: Make a motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. February 27, 2020 Page 6 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Mr. Kaufman, we actually have an emergency case that was added. CHAIRMAN KAUFMAN: Okay. When -- MS. BUCHILLON: I gave you copies of the paperwork on there. CHAIRMAN KAUFMAN: Okay. Is the respondent Tripp? Is that the name? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: And can you look up for me Case No. 20190003219. We have a speaker on that. I need the agenda item. While you're looking that up, I'd like to welcome Barbara to the Board. Good morning. MS. DAVIS: Good morning. CHAIRMAN KAUFMAN: And you will be an official member today. Okay. Number 14. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Are we going to start with the stipulation, or you want to hear the emergency one first? MS. BUCHILLON: The emergency case first. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. Case CEPM20190014944, Daniel F. Tripp and Sandra L. Tripp. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you both state your name on the microphone for the record, please. MR. RECHTIN: My name is Thomas Rechtin. I'm the attorney for, in this situation, Daniel Tripp. February 27, 2020 Page 7 CHAIRMAN KAUFMAN: Okay. MR. TRIPP: I'm Daniel Franklin Tripp. CHAIRMAN KAUFMAN: Okay. And that's Steve Athey, I think. MR. ATHEY: Yes. I'm Steve Athey. CHAIRMAN KAUFMAN: Okay. Why don't you begin, Steve. MR. ATHEY: This is in reference to Case No. CEPM20190014944. It's dealing with the violations of property maintenance standards for repair or demolition of hazardous buildings by the county, Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236, covering dangerous, unsafe structure as determined by the county building official. It's located at 2060 21st Street Southwest, Naples, Florida, 34117; Folio 45965000003. Service was given on January 14th, 2020, personal service, with a compliance date of February 14th of 2020. I'd like now to present case evidence in the following exhibits: One aerial of the property, a determination by the building official, and seven photos taken by myself on February 25th, 2020. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. ATHEY: Respondent has seen the photos, correct. CHAIRMAN KAUFMAN: Does the respondent have any objective [sic] -- no objections? MR. TRIPP: No objection. MR. RECHTIN: No objections. CHAIRMAN KAUFMAN: Okay. Take a motion from the Board to accept the exhibits. MR. DOINO: Motion to accept. MS. BOWMAN: Second. February 27, 2020 Page 8 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ATHEY: On December 30th, 2019, the county building official determined, by way of an inspection by county building inspector on December 18th, 2019, that this dwelling is considered a dangerous and unsafe structure. On January 14th, 2020, and subsequently January 15th, the property owner -- or I'm sorry. On January 14th, 2020, the property owner was personally served a notice of violation with a compliance date of February 14th, 2020, to repair or demolish the structure to include all required inspections and certificate of completion. On February 14th and, subsequently the 15th, a reinspection was conducted and found that the violation remains. CHAIRMAN KAUFMAN: Okay. Did you want to narrate those photos at all? MR. ATHEY: Can I see the photos, Jeff? MR. LETOURNEAU: Yeah. Let's start again. MR. ATHEY: Yeah. Actually, you can see the crack. It's obvious in the front entranceway. On this one, this is just the front view of the property for reference. Obviously, another structural crack, and another on the side of the dwelling. And the sidewalk, you can't see from this view very well, but it's kind of wavy and cracking February 27, 2020 Page 9 all the way up to the front door. Another crack in the front of the dwelling. And this shows the roof line. Obviously, it's got a crease in it and it's failing. And this is a determination from the building official stating -- CHAIRMAN KAUFMAN: Is that by Walsh? MR. ATHEY: Yes. CHAIRMAN KAUFMAN: Okay. How did Code get involved in this to begin with? MR. ATHEY: We were requested by the property owner to be involved. And I'll let them explain their purposes. I think the attorney could explain it better than I can, the reasoning for the request that Code Enforcement be involved. CHAIRMAN KAUFMAN: Okay. Any questions of the county from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none. Sir? MR. RECHTIN: Thank you. Good morning. I'd like to start off with just sort of a brief recitation of the facts from our perspective. Some time ago my client's home suffered severe structural damage, from our perspective, as a result of catastrophic ground cover collapse, and that term is very important because it's a statutory term, and insurance companies are required to provide that particular coverage under their policies. I am an insurance attorney. So they submitted a claim -- or I'd say my client and his wife submitted a claim to their insurance company, and they ultimately denied that claim. Ultimately, a lawsuit occurred because, again, we believe that catastrophic ground coverage collapse was the cause of this, and apparently they did not agree. I do have copies of the statute and the applicable policy language here for -- I have at least five copies -- just for your February 27, 2020 Page 10 reference, if I can approach and provide you those copies. CHAIRMAN KAUFMAN: That would be fine. MR. RECHTIN: Thank you. I apologize that I didn't bring six. So the statute is -- MR. LEFEBVRE: You're going to have to be on the -- MR. RECHTIN: So the statute is several pages and the actual policy provision, the policy endorsement, is tucked within the statute. And I provided both of those to show that the language within the policy essentially matches the statute verbatim. It's exact. Now, on -- our client did contact Collier County after being denied coverage specifically to bring somebody out, because Item No. 4 within that list requires that the insured structure be condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that structure for coverage to be possible. There's three other criteria. We're not addressing those criteria before the Board today, just this last one since it involves a governmental agency. CHAIRMAN KAUFMAN: Let me ask one question. MR. RECHTIN: Yes. CHAIRMAN KAUFMAN: Is the property occupied at the present? MR. RECHTIN: No, it is not. MR. TRIPP: Yes, it is. MR. RECHTIN: Or it is? MR. TRIPP: It is. MR. RECHTIN: It is occupied. CHAIRMAN KAUFMAN: Okay. MR. RECHTIN: So we contacted -- or my client contacted Collier County because we wanted to see whether or not Collier County would come to the determination that this property needed to February 27, 2020 Page 11 be condemned and needed to be ordered to be vacated so that we can essentially proceed forward with our lawsuit against the insurance company. Without that particular line item being met, recovering insurance proceeds from the insurance company would be essentially impossible. The inspection of the property occurred in December of 2019, and then in January of 2020, January 8th of 2020, a notice was posted on his door that stated that the building was condemned and was not safe for occupancy and -- by the Collier County Building Review and Permitting Department. There weren't any details there. And, again, the reason why we're here today is even though that notice was posted and the notice appears to comply with what the statute and the policy require, there weren't -- it wasn't signed. There weren't -- there wasn't sort of a handwriting or a stamp from the Board, so that concerned us, and plus we just -- we're essentially looking for an official declaration from Collier County to be able to proceed forward. CHAIRMAN KAUFMAN: Let me make this easy for you. MR. RECHTIN: Sure. CHAIRMAN KAUFMAN: We are going to hear the rest of what you have to say -- MR. RECHTIN: Sure. CHAIRMAN KAUFMAN: -- but, ultimately, we're going to decide whether a violation exists or not. And you're not arguing that a violation exists; neither is the county. So this is kind of easy for the first part of this -- MR. RECHTIN: Correct. CHAIRMAN KAUFMAN: -- is to find out whether a violation exists. Does anybody from the Board want to make that motion? MS. BOWMAN: I'll make a motion that a violation exists. MR. LETOURNEAU: Before we get going, I want to get February 27, 2020 Page 12 something on the record. For the record, Jeff Letourneau, Collier County Code Enforcement. Mr. Athey did say that Mr. Tripp was the one that brought us the case, but actually the building director, Rich Long, came to Code Enforcement and asked us to open this case. I believe Mr. Tripp went to him first, so -- MR. TRIPP: Yes. MR. LETOURNEAU: -- actually the Building Department initiated this case. I just wanted that on the record. CHAIRMAN KAUFMAN: Okay. Well, it really doesn't -- MR. LETOURNEAU: It doesn't make any difference. CHAIRMAN KAUFMAN: It's either a violation or it isn't. So we have a motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second on the motion that a violation exists. Any discussion on the motion? MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: The conditions, the existing conditions -- we're voting on a violation because the building official established that the structure is unsafe, that's it. There's no engineering reports or anything like that? CHAIRMAN KAUFMAN: That's correct. MR. ORTEGA: I just wanted to clarify. CHAIRMAN KAUFMAN: They're the expert. Walsh is the head. He determined that it's a -- MR. ATHEY: Dangerous structure. CHAIRMAN KAUFMAN: A dangerous structure, and I don't think there's anybody on the Board that can argue against that. Gerald. MR. LEFEBVRE: Isn't that -- the letter from Mr. Walsh, February 27, 2020 Page 13 wouldn't that be No. 4? Wouldn't that satisfy No. 4? What we're just -- we're not here to determine if it's unsafe or not. MR. RECHTIN: Right. The -- it would not satisfy it, and the reason why is we need that very specific language. I've conferred with other attorneys, and they're telling me that if we don't have an official declaration from a governmental agency that says it should be condemned and it is ordered to be vacated, potentially the case can get thrown out by the Court. And, certainly, we're not here to tell the Board what decision to come to. We're simply saying that this is what we're requesting, because we believe, based upon the evidence, that the place should be condemned and it should be ordered to be vacated, and then we just simply need the documentation. And we're also asking for an extension to bring the property into compliance, too. CHAIRMAN KAUFMAN: Before you get into that, we have to determine whether a violation exists. MR. RECHTIN: I understand. CHAIRMAN KAUFMAN: And then we can go from there. MR. RECHTIN: I understand. CHAIRMAN KAUFMAN: So we have a motion and a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) February 27, 2020 Page 14 CHAIRMAN KAUFMAN: It carries unanimously. Okay. So now we have a case where we have a dangerous structure that is currently occupied. And I go to the county now and ask them what they're recommending to us. MR. RECHTIN: Yes. CHAIRMAN KAUFMAN: And then we can change it, modify it, whatever. Steve? MR. ATHEY: Well, the county has a standard recommendation and, of course, he'll request verbiage that he requires. And the county's 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: Number one, obtaining all required Collier County building permits or demolition permit, inspections, certificate of completion for repairs or demolition of the structure as outlined in the notice of violation within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: And I'm sure you've discussed that recommendation with the respondent and his attorney. MR. ATHEY: We have, and then they have an additional request. CHAIRMAN KAUFMAN: Okay. MR. ATHEY: Yes. And the additional requests are -- I guess February 27, 2020 Page 15 I've already gone over them a little bit. But the additional request is to obtain an official written declaration from the Board that the property should be condemned, ordered to be vacated. We would seek an extension of time because the situation my client's in is that the notice says there's two options, repair or demo. In his particular situation, he's seeking the monies from the insurance company to be able to effectuate those solutions. And so if we can obtain an extension of time to come into compliance as we continue to litigate the case, upon the completion of the case, whatever the verdict ends up being -- CHAIRMAN KAUFMAN: Let me interrupt you one second. It's hard to do an extension when we don't know what the time frame is right now. Okay. MR. RECHTIN: It is difficult to say, yes. CHAIRMAN KAUFMAN: So you can't put the horse before the cart. So we need to understand approximately how much time you feel that this is going to take. MR. RECHTIN: It's hard to say. CHAIRMAN KAUFMAN: It's up to the courts, but -- MR. RECHTIN: It's hard to say. One way we could approach it, if I may suggest, is to, for instance, three months, and then we can return to provide an update to the Board of the status of the case at that time. CHAIRMAN KAUFMAN: Okay. My concern here, Jeff, is if this is an unsafe facility, ordinarily we say you need to vacate it immediately. MR. LETOURNEAU: Right. We probably need to put that verbiage in there. So vacate within a certain amount of days. CHAIRMAN KAUFMAN: Right. MR. ATHEY: If I may, the director just suggested seven days. CHAIRMAN KAUFMAN: Okay. So vacate within seven day s February 27, 2020 Page 16 as part of your recommendation, okay. And then we go from there. Yes. MR. LETOURNEAU: Just add that rest of that verbiage that's already in there, I believe. CHAIRMAN KAUFMAN: Okay. Go ahead. MR. RECHTIN: I don't believe that the verbiage states that the property is condemned. That's another important component in terms of pursuing coverage from the insurance company. And, once again, it's entirely up to Collier County to decide whether it should be condemned or not, but that's something else we would like included. MR. LETOURNEAU: We don't traditionally have that word in our verbiage. We just declare it a dangerous structure and ask for it to be repaired or demolished and/or vacated at some point. We don't have that particular word in our ordinance. CHAIRMAN KAUFMAN: So the only way to bring it into compliance would be to fix it or tear down -- MR. LETOURNEAU: I don't believe that word appears anywhere in our property maintenance code, if I'm not mistaken. So I'd be hesitant to, you know, use that word on the order. CHAIRMAN KAUFMAN: Okay. Do you understand? MR. RECHTIN: I understand where he's coming from from his position. My position is an extremely difficult position, because without that particular verbiage, we are -- we're potentially in a situation where if the property's not deemed condemned and doesn't follow the statute, then my client won't be able to obtain the proceeds that he needs to either repair or demo the property. And I understand that it's not typically a word that's used there, but I think that -- I would ask Collier County, I would ask the Board to consider the definition of that word and whether or not the definition of that word would apply in this particular situation -- whether this particular structure -- and, certainly, this question could February 27, 2020 Page 17 be put to the person who actually inspected the property and did the groundwork in terms of evaluating it, whether or not he believed that this property should be condemned in the end. CHAIRMAN KAUFMAN: I guess, ultimately, they're showing where it could be condemned, torn down. MR. RECHTIN: Right. CHAIRMAN KAUFMAN: Or it could be fixed. So that's the concern that we have here. Gerald? MR. LEFEBVRE: Well, going back to No. 4, it says, by a governmental agency authorized by law to issue such an order. Well, Walsh, Mr. Walsh, is that governmental person. We're just enforcing when he says, but we have never -- in 18 years I don't remember that word "condemned" ever being put in any of our orders. But he stated that the building's condemned. We're just enforcing that statement. MR. RECHTIN: Okay. And just to follow up, I'm also operating from the notice that was pasted on the door that basically said that the property should be condemned. I just want to make sure that I create, on behalf of my client, a legitimate paper trail to establish that somebody at Collier County with the authority, pursuant to this statute, has deemed this property condemned. And we have the notice, but the notice, again, for me wouldn't serve that purpose, because it's not signed. There's no -- MR. LEFEBVRE: What's that letter that -- is that signed, that letter? MR. ATHEY: That letter is signed. There's actually two pages to it. MR. LEFEBVRE: Okay. And does it say the building's condemned? MR. ATHEY: No. It says it's deemed dangerous and unsafe. I don't remember seeing the word "condemned" at all. February 27, 2020 Page 18 MR. ORTEGA: What's the overall intent; condemn to demolish it or condemn to repair it? CHAIRMAN KAUFMAN: Either one. MR. LETOURNEAU: Yeah. We don't have that verbiage in either one of our documents. MR. LEFEBVRE: Can Mr. Walsh put something -- MR. LETOURNEAU: Well, that's what we have on the table right now. Our options at this point, if he wants to put "condemned" in your order, the county would rather withdraw the case, and he could work it out with Walsh at this point, or we can just go with our standard verbiage at this point. So... CHAIRMAN KAUFMAN: Okay. What we can do, though, and that has everything to do with peo ple occupying the building. Our order -- for instance, you cannot occupy a building without water or electric, and we've done cases like that in the past where immediately they have to vacate the property. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: Now, whether it's condemned, it could be fixed or whatever -- you can turn the water back on. I don't know what you have to do with the cracks, whether that can be fixed or not. MR. LETOURNEAU: The county's not comfortable with that word, I'm going to be honest with you, because it's not something that's -- that we usually use, and I don't want it to come back and, you know, say that we're playing any type of favoritism or whatever at this point. MR. LEFEBVRE: I agree. CHAIRMAN KAUFMAN: Yeah. The Board would like to accommodate the citizen for -- MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: -- his situation. So whatever we February 27, 2020 Page 19 can do to assist that without using that -- it's not a four-letter word, but you get the drift. MR. LETOURNEAU: I find it hard to beli eve that an insurance company could split hairs that much over what we're trying to do here and one word, "condemned." I think it's exactly the same thing. MR. ORTEGA: We can't state that it's condemned for purposes of demolishing it without any engineering efforts. MR. LETOURNEAU: True. Yeah. MR. ORTEGA: So regardless of what is being claimed, condemned or not, it could be salvaged again through an engineer -- MR. LETOURNEAU: Correct. MR. ORTEGA: -- design. MR. LETOURNEAU: Right. MR. ORTEGA: That is going to be the overall deciding factor. So it's -- yeah, you're right. It's not up to us. MR. LETOURNEAU: I just don't think -- we're not comfortable with that word in here, because we've never used it before and don't want to set a precedent on this case. CHAIRMAN KAUFMAN: Let me go back to the suggestion from the county. MR. SCHNEK: Mr. Chairman? Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Yes. MR. SCHNEK: Jed Schnek, the board attorney. I think the distinction between the language and the co de and the word "condemned" is that there's -- condemned means to declare a building unfit for use and order its destruction as a peril to public health and safety. I think that second part of that definition is the concern the county has, because they are not actually ordering the destruction. I mean, as it's -- MR. LETOURNEAU: Correct. MR. SCHNEK: -- it's recommended, they are ordering that the February 27, 2020 Page 20 violation be abated by either -- CHAIRMAN KAUFMAN: Well, based on -- MR. SCHNEK: -- demolition or bring it up to compliance. CHAIRMAN KAUFMAN: Based on this order, we can require it to be vacated. That's the first part of what you read. MR. SCHNEK: Yes. CHAIRMAN KAUFMAN: Okay. MR. SCHNEK: Yes. CHAIRMAN KAUFMAN: Now, I don't know if you need both. I'm not familiar with the statute in that regard. So if we go back to the county's original proposal and if we were to make a motion for X amount of days and a fine of Y amount of dollars after that, we've gone as far as we can go on this. And then if we provide sufficient days and add the "vacate within seven days" portion of that, that's about all we can do here as far as the Board is concerned. MR. RECHTIN: Can I jump in really quickly? CHAIRMAN KAUFMAN: Sure. MR. RECHTIN: Would it be helpful to obtain a licensed engineer recommendations regarding whether or not this particular property is salvageable? CHAIRMAN KAUFMAN: That would be up to the Building Department, Mr. Walsh, and the owner of the property, I would guess. MR. LETOURNEAU: Yeah. You can always go back after this order is done and speak with Mr. Walsh and try to firm up that end of it with his verbiage. MR. RECHTIN: Okay. MR. LETOURNEAU: But just -- it's going to -- I think it's going to be standard from this point. MR. TRIPP: If I could, I'd just like to make a comment. February 27, 2020 Page 21 CHAIRMAN KAUFMAN: Sure. MR. TRIPP: What you're looking at on your papers is a copy through the insurance policy. That is a copy exactly of a Florida Statute. So what I'm trying to understand here is that the Florida Legislature has basically put this in here that this exactly what has to happen is that the local government agency has to order it. So to me it's -- you have the authority to authorize it to be a condemned structure, because the legislature says that the authorized government agency is the only ones that can do it. MS. BOWMAN: Right. But you have to have an architect determine whether or not it must be demolished or not. MR. TRIPP: Well, we've got engineer reports that are saying that the structure is unsound. CHAIRMAN KAUFMAN: Have you provided those to Mr. Walsh? MR. TRIPP: I believe so. That's what -- MS. BOWMAN: They have to be provided to Mr. Walsh. MR. TRIPP: I believe I gave it to Steve and Jeff. There was a copy, and that's what got it rolling was that, yeah, this is an unsafe structure, and then they came out to do the inspection from there. So -- but my -- forgive me. I'm very nervous and I have -- CHAIRMAN KAUFMAN: Don't be nervous. We don't bite -- hard. MR. TRIPP: I know. It's just that the legislature has passed this down, and to me it says that you can do this and that you're the only ones that can do it. And if you can't do it, it can't be done. CHAIRMAN KAUFMAN: Well, that wouldn't -- it wouldn't be the -- MR. TRIPP: Agency. CHAIRMAN KAUFMAN: It wouldn't be the code board that does that. February 27, 2020 Page 22 MR. TRIPP: Okay. CHAIRMAN KAUFMAN: This would be the county. MR. TRIPP: I know. CHAIRMAN KAUFMAN: That's the -- MR. TRIPP: And I understand that they don't want to do that. But when they're saying that one word means the same as another, the definitions cross, well, then why is there difficulty with using the word "condemned"? Just -- MS. BOWMAN: And I think the consensus is that this is a multistep process. So it's going to have to go back to the Building Department with the engineers and come back again -- MR. TRIPP: And I want to say they've been very helpful, too. I'm not trying to be adversarial with this. They've been really helpful getting us here to get this -- I mean, I can't say enough good things about them. CHAIRMAN KAUFMAN: Okay. Mr. Ossorio wants to say something. MR. OSSORIO: Yeah. For the record, Mike Ossorio, Director of Code Enforcement. CHAIRMAN KAUFMAN: Hold it. (The speaker was duly sworn and indicated in the affirmative.) MR. OSSORIO: I hope so. CHAIRMAN KAUFMAN: That's a yes or no, not a "I hope so." MR. OSSORIO: Yes. The term definition, in my mind, what is a local agency? This board is not a local agency. A local agency would probably be the Building Department or the housing authority person that makes a determination. CHAIRMAN KAUFMAN: Or the Board of Health. MR. OSSORIO: Or an agency. This is a board of -- this is a Code Enforcement Board that specifically finds violations and makes orders for correction. This fits it. There's a violation. It needs to be February 27, 2020 Page 23 fixed. How it gets fixed, it's up to the gentleman to the left. He can get an architecture, repair it. He can go to civil court and fight it out with the insurance company, collect it. But the Building Department's made a complaint. We request that you honor Steve Athey's request to be standard, because we don't want to be far left, we don't want to be far right. We want to be standard in how we conduct our business, because this could go to civil court, and we want to make sure that we don't do anything far left or far right to make sure that we follow our -- and I believe our attorney, your attorney, basically opined and said that we should probably follow our proceedings. It's a violation. How you fix it is up to you. My thought is he moves within seven days. If he doesn't move out within seven days, I'm authorized to put a fence around it to make sure it's safe, and we've done that in the past. So standard is good for me. And if it's not, then I'm going to withdraw it, and we'll take it to the County Attorney for review. MR. ORTEGA: I think there's a simple fix, though. If the gentleman would meet with the chief building official, provide him all the engineering reports, he's going to be the one that's going to make that determination. MR. TRIPP: Well, in a way we have. And he -- and they said they don't have the authority to condemn. As you see, they're very apprehensive about using that word, although the statute requires that word is used. They're very hesitant to use it. They don't -- I don't think they've ever done it, or whatever the case may be. So if they refuse to do that, or however you want to phrase it, how do I meet the statute that the Florida Legislature has done? CHAIRMAN KAUFMAN: I think we've gone as far as we can go as a board. So we are going to look for a motion from the Board to fill in the blanks to include the vacate in seven days. Anybody February 27, 2020 Page 24 want to take a shot at it? If not, I will. $59.28 be paid within 30 days, the fine is $200 a day, and the amount of days is 60. MR. LEFEBVRE: But -- CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: No, go ahead. CHAIRMAN KAUFMAN: Now, any comments on that motion or suggestions to change anything, let me know. MR. LEFEBVRE: Vacating it. CHAIRMAN KAUFMAN: Vacate, oh, I'm sorry. That's part of it. Vacate within seven days. MR. LEFEBVRE: And fine of? CHAIRMAN KAUFMAN: The fine is $200 a day both. Actually, it's part of the original order, so the $200 covers that. MR. RECHTIN: Excuse me. Regarding the fine, may I add something -- CHAIRMAN KAUFMAN: Sure. MR. RECHTIN: -- on the $200 a day? Part of the reason why we're here today and part of the reason why this situation is what it is is that we were directed by the Building Department to come to you. So in terms of that fine, that per-day fine, we've been patient in waiting for our day to come before you, and I just feel like my client shouldn't have to suffer the monetary consequences of us trying to do the right thing to come before the Board per the recommendation of the Building Department, because we were directed by the Building Department, well, we don't think we can make that determination regarding this language. Let's go to the Board, and now the Board's saying to go back to the Building Department. CHAIRMAN KAUFMAN: Let me just say, these are -- the fines are not written in stone. You can come back to the Board, and they can be abated, okay? February 27, 2020 Page 25 MR. RECHTIN: Thank you. CHAIRMAN KAUFMAN: But for the purpose of this order, I had the 60 days on the blank on that. Any other comments from the board? MR. ORTEGA: Sixty days to abate what, though? CHAIRMAN KAUFMAN: The order, which is the house has to come into compliance. It has to be vacated within seven days. MS. BOWMAN: That's kind of a short time frame to abate. CHAIRMAN KAUFMAN: Okay. Do you have a suggestion on how many days? MS. BOWMAN: Not really. I'm not an engineer or an architect to know how to bring this into compliance, how long it would take. CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: I concur with you, because it will give them the ability to come back to us. Because right now they have no -- there's no direction right now. You've either got to fix or demolish it. Which one? CHAIRMAN KAUFMAN: The reason the days are there, that should give sufficient time to meet with Walsh, their engineers, and resolve the situation to everybody's satisfaction. MR. LEFEBVRE: Second the motion. CHAIRMAN KAUFMAN: Okay. We have a motion, and it's seconded. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) February 27, 2020 Page 26 CHAIRMAN KAUFMAN: It carries unanimously. MR. RECHTIN: Thank you. MR. TRIPP: Thank you. CHAIRMAN KAUFMAN: What's up next? MS. BUCHILLON: We have another stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 18 under hearings, CESD20180013990, Vladimir Portal and Caridad Paz. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the modification of the agenda. MR. DOINO: Motion to accept. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do we want to hear the stips first or the motions for extension of times? MR. LETOURNEAU: Let's go for the extension of time, since they're on the agenda first. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, motions for extension of time, No. 1, CESD20190007550, Julian Pereira and Maria E. Lopez. CHAIRMAN KAUFMAN: Do we have a letter on this one, February 27, 2020 Page 27 Helen? Jeff? Anybody? MR. LETOURNEAU: Do we have a letter on this one, on this extension? MS. BUCHILLON: Do I have a what? A letter? MR. HAMILTON: Not that I'm aware of. MR. LETOURNEAU: How'd this request come in through an email? MR. HAMILTON: I was just informed it's on the docket. MR. LETOURNEAU: Okay. Did you guys send a letter in to us? MR. ESCOBAR: Yes, we send an email. MR. LETOURNEAU: It might be. Give me a chance. THE COURT REPORTER: Could I get your names? MR. ESCOBAR: Fernandez Escobar and Julian Pereira. CHAIRMAN KAUFMAN: Okay. This was heard in the past, and we granted -- I signed it on December 4th, actually. And when was it due -- without reading pages -- MR. HAMILTON: It was 60 days. CHAIRMAN KAUFMAN: Sixty days, and that was in November. MR. HAMILTON: Correct. CHAIRMAN KAUFMAN: So we're right there. Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. We're not here to hear a case. We're here to find out -- you're asking for an extension. I don't have a copy of your email. MR. LETOURNEAU: I have the email up right now. CHAIRMAN KAUFMAN: Okay. Do you want to put it up. What was the request on there? Why don't you just read it. It's not long. MR. LETOURNEAU: You want me to read it? February 27, 2020 Page 28 CHAIRMAN KAUFMAN: I can't see it from here. MR. LETOURNEAU: Hi. Good afternoon, Mr. Joseph Mucha. A spoke to you today as of today date, January 23rd, 2020, for an extension for my father-in-law's shed. He was wondering if he could get an extension to get the survey elevation certificate. He wants to know if he can get 30 to 45 days extension due to that unemployment, and he doesn't have the money to pay for it yet. We all have code enforcement fixed. The only thing he needs is a certificate for the shed. Please let us know if this is possible. Thank you. Mr. Fernando Escobar. CHAIRMAN KAUFMAN: So in November you were cited for having, was it, two sheds on the property that were not permitted; is that correct? MR. ESCOBAR: Yes. One was removed, and the other one we working right now. We were supposed to get a certificate, the survey in 10 days already. So after I get the paperwork from the person that we hired, I will bring those papers to the city so we can get the permit. CHAIRMAN KAUFMAN: So there's no permit yet? MR. ESCOBAR: No, they haven't give it to us. They give us another 10 days. And we went through a situation with his wife that he was in the hospital for a few weeks. MR. HAMILTON: Yeah. The permit's been applied for. It has expired. So it would just have to be reactivated once he gets a certificate. CHAIRMAN KAUFMAN: The permit was pulled when? MR. HAMILTON: Right before the last hearing, but it was never issued. CHAIRMAN KAUFMAN: Okay. MR. HAMILTON: It was just applied for. CHAIRMAN KAUFMAN: Okay. And the "applied for" February 27, 2020 Page 29 status -- MR. HAMILTON: It was never a valid permit, correct. CHAIRMAN KAUFMAN: The "applied for" status runs out in how long? I'm asking the Board. MR. ORTEGA: One hundred eighty days. CHAIRMAN KAUFMAN: So you get six months. So it shouldn't have expired. MR. HAMILTON: I'll have to look back at it. But, yeah, it was applied for. CHAIRMAN KAUFMAN: Okay. So there's an active permit on the property -- MR. HAMILTON: Correct. CHAIRMAN KAUFMAN: -- to do -- to bring the two sheds into compliance; is that correct? MR. HAMILTON: No, just one. One's been removed. MR. LETOURNEAU: I wouldn't say it's active. It's been rejected. MR. HAMILTON: Rejected, I'm sorry. Yeah. It's rejected. CHAIRMAN KAUFMAN: Is it rejected because of a side -- MR. HAMILTON: Because of the -- because of the what he's talking about there, certificate for the elevation and for the construction of the shed from an engineer. MR. ORTEGA: So it's not expired then? MR. HAMILTON: Correct, no. I just -- MR. LETOURNEAU: It's in rejected status, and it expires on March 10th. CHAIRMAN KAUFMAN: Okay. Joe, you wanted to say something. MR. MUCHA: No. CHAIRMAN KAUFMAN: He's just cruising. Okay. MR. HAMILTON: I just used the wrong word. I meant February 27, 2020 Page 30 rejected. CHAIRMAN KAUFMAN: Okay. And now you're saying you need how much time to get this resolved in your email? MR. ESCOBAR: I said in the email about 30 days but -- I mean 45 days, but I think it will be done in less than 30 days. We supposed to get the certificate sent in this week. So after I get the certificate from the architect, I'm going to bring to the city so I can see if I can get finally the permit from the city. CHAIRMAN KAUFMAN: Okay. So it needs 60 days to ensure that he can get everything resolved. County have any objective [sic] to granting 60 days? MR. HAMILTON: No, sir. CHAIRMAN KAUFMAN: Anybody on the Board want to make a motion? MR. LEFEBVRE: Make a motion to continue for 60 days. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have 60 days. So if you can get it done in 30 days, you're twice as good. MR. ESCOBAR: All right. Thank you so much. CHAIRMAN KAUFMAN: Okay. February 27, 2020 Page 31 MS. BOWMAN: Thank you. MS. BUCHILLON: Okay. Now we can start with the stipulations. CHAIRMAN KAUFMAN: Okay. I have one letter here by -- MR. LEFEBVRE: That's imposition of fines. CHAIRMAN KAUFMAN: Oh, that's in the imposition. MS. BUCHILLON: From a Carmen? Yes, that's imposition. CHAIRMAN KAUFMAN: Okay. First one is 21? MS. BUCHILLON: No, first one is actually on the agenda, which is No. 1. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: It is CELU20190014156, Southern Lane Inc. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: Good morning. For the record, Joe Mucha, supervisor, Collier County Code Enforcement Board. This is in reference to Case CELU20190014156. 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 this hearing; Two, abate all violations by obtaining all required Collier County approvals, site plans, permits, inspections, and certificates of completion/occupancy to continue the use of the property as a parking lot or cease all parking on this unimproved property within 180 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; February 27, 2020 Page 32 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. MR. LEFEBVRE: Question. CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: This was signed in December, December 23rd to be -- MR. MUCHA: Yes, sir. MR. LEFEBVRE: And we're asked to give 180 days from the date of the hearing. Why wasn't this brought in front of us in January? It gives them an extra 30 days -- MR. MUCHA: Correct. MR. LEFEBVRE: -- roughly. MR. MUCHA: That's a good question. I'm not exactly sure. CHAIRMAN KAUFMAN: I have a feeling January we had a million cases, if you recall. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: That's a possibility. MR. MUCHA: This is an update or a side note on this case. The owner of this property's preparing to develop this particular piece of property within, I think, the next month or two, so it will be a moot point anyway. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: But we just want 180 days just to give -- MR. LEFEBVRE: Right. But what I'm saying is 180 days, we could have brought this faster. MR. MUCHA: Correct. I'm not sure what happened with the scheduling, to be honest. February 27, 2020 Page 33 MR. LEFEBVRE: I make a motion to accept the stipulated agreement. 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. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. MS. BUCHILLON: Next stipulation, No. 21 under hearings, CESD20190005289, Raakel Braun Revocable Trust. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: You're back again. MR. MUCHA: Back again. CHAIRMAN KAUFMAN: Fast. Okay, Joe. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CESD20190005289. 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 this hearing; February 27, 2020 Page 34 Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted kitchen remodeling within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent's not present. Any discussion on this, Joe? Straight forward? MR. MUCHA: It's pretty standard. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: Make a motion to accept. CHAIRMAN KAUFMAN: We have a motion. I second it. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? February 27, 2020 Page 35 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. BUCHILLON: Next imposition of fines [sic], No. 6, CELU20190011110, Pelican Lake Property Owners Association of Collier County, Inc. CHAIRMAN KAUFMAN: Which case number is this? MS. BUCHILLON: Number 6. MR. LEFEBVRE: It's not under imposition of fines. CHAIRMAN KAUFMAN: Yeah, that's what's confusing. MR. LEFEBVRE: She said imposition of fines. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: 59.28, 200. Just reading through them, Joe. MR. MUCHA: Sure. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CELU20190011110. 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 this hearing; Two, abate all violations by obtaining all required Collier County approvals to use the preserve area for storage or removing all items being stored on the preserve and returning to a permitted state or relocating a portion of the preserve area with county approval within 180 days of this hearing, and unless an additional extension is granted, a fine of $200 per day will be imposed until the violation is abated. Three, respondent will promptly notify Code Enforcement using February 27, 2020 Page 36 best efforts to do so within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: What are they storing on the property? MR. MUCHA: There's two storage containers. There's, like, some pavers. Mulch. CHAIRMAN KAUFMAN: And they need six months to move it? MR. MUCHA: Well, they're looking at possible permitting the use, you know, changing the preserve area. There's a lot more to it. But I just wanted to keep it generic and just say all county approvals. You know, there might be a site plan amendment, things like that. MR. LEFEBVRE: Also, there might be jurisdictional wetlands and stuff like that, so -- MR. MUCHA: There's no wetlands here. MR. LEFEBVRE: There's no wetlands? They're not going to have to go through the state to get DEP or -- MR. MUCHA: No, sir. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Ordinarily when you do a PUD -- and this is a PUD -- this area set aside for what's it's set aside for, which is not storage, so that's a violation, and they go back in to change the wording of the PUD; that takes a lot of time. MR. LEFEBVRE: A lot more than six months. MR. MUCHA: I figured six months would be a good February 27, 2020 Page 37 starting-off point, and if they need more time, they could come back, or they can just pull all the stuff out of there. I mean -- CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: There's no life-safety issue there? MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: Unless they drop a pallet on a roach or something. Okay. Anybody want to make a motion from the Board? MR. ORTEGA: I'll make a motion to -- MS. BOWMAN: Motion to accept. Sorry. CHAIRMAN KAUFMAN: I'm confused on who made the motion. Okay. Motion? MR. ORTEGA: I'll make a motion to accept the stipulation agreement as stated. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Are you cold? MS. BOWMAN: I'm, yeah, cold. It's like winter outside. CHAIRMAN KAUFMAN: But you're inside. MS. BOWMAN: And in here. February 27, 2020 Page 38 CHAIRMAN KAUFMAN: Oh. MS. BUCHILLON: Next stipulation, No. 7, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CELU20190011289. 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 this hearing; Two, abate all violations by obtaining all required Collier County approvals and/or use agreements to use the drainage easement for storage or removing all items being stored in the drainage easement and returning to a permitted state within 100 [sic] days of this hearing, and unless an additional extension is granted, a fine of $200 per day will be imposed until the violation is abated; Three, respondent will promptly notify Code Enforcement using best efforts to do so within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate 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: So they're using additional space -- how did this case come about to begin with; do you remember? MR. MUCHA: The neighboring community turned it into us. CHAIRMAN KAUFMAN: I bet you the neighboring February 27, 2020 Page 39 community's not happy with these stipulations. MR. MUCHA: Well -- MR. LETOURNEAU: I took the complaint. I haven't heard from them since they made the complaint, so they haven't really been -- CHAIRMAN KAUFMAN: Pushing it, okay. Okay. Any comments on this one? MR. LEFEBVRE: What's in the drainage easement? MR. MUCHA: They've actually paved into it and are using it for, like, storage of trailers and -- for their residents. Because this -- Pelican Lake is an RV motor coach resort, the high-end ones off of Collier Boulevard. MR. LEFEBVRE: 951. MR. MUCHA: So they have like -- they're really nice trailers stored in there, and there's some other miscellaneous items as well. CHAIRMAN KAUFMAN: Are they going to remove these concrete -- MR. MUCHA: Same kind of concept. If they can't get it approved by the county, they're just going to have to pull everything out and return to a permitted stated. MR. LEFEBVRE: Are there any -- have they had to get any permits through the state for this drainage easement? MR. MUCHA: They haven't gotten any permits for anything. MR. LEFEBVRE: No. When it was originally approved, was there a need to get any DEP permits or any other kind of permits through the state like you do for wetlands or if there's -- MR. MUCHA: I don't think so, because this is, like, right on the edge of, like, a public road and everything. So there's no wetlands over there. MR. ORTEGA: Is it inside the PUD? MR. MUCHA: Yes. Yes, sir. February 27, 2020 Page 40 MR. LEFEBVRE: I mean, just -- I don't know how long it's been like that, but -- MR. MUCHA: It's been like that forever. MR. LEFEBVRE: Okay. It's just whenever I hear about something that's blocking drainage -- MR. MUCHA: And that's something that they're looking into. I don't even think this area is even being used for drainage anymore. It's just something that was there, you know, platted many, many years ago. I don't even know if it's necessarily even used for drainage anymore, but because it is on the map as a drainage easement, that's something they're going to have to deal with. CHAIRMAN KAUFMAN: They're using it for parking. MR. MUCHA: Yes, sir. MR. LEFEBVRE: Well, places for drainage are designed for a reason, and they're not designed to be paved over, so... CHAIRMAN KAUFMAN: Your concern is the 180 days rather than the violation, or both? MR. LEFEBVRE: Both. MR. LETOURNEAU: Okay. And I would say the reason we gave them so long is due to the fact that they do have an opportunity to maybe get a Site Improvement Plan and have the use available to them. If it was -- that wasn't available and they just had to remove the stuff, we wouldn't have put 180 days on there. MR. MUCHA: I mean, what they're actually trying to do -- because this abuts Copper Cove, the community, they're going to lease some land from Copper Cove and try to see if they can get the drainage easement moved over. And, again, that's something that's going to take site plan amendments and, you know -- that's why the six months -- MR. LEFEBVRE: Right. The agreement's -- MR. MUCHA: -- starting off point. February 27, 2020 Page 41 MR. LEFEBVRE: The agreement's between two associations. MR. MUCHA: They're finally getting along. They used to not get along, and that's how these complaints came in. But I think now they're getting along, so that's why Jeff hasn't been getting any calls or -- MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Anybody want to make a motion on this? MR. LEFEBVRE: Make a motion with the operational costs of 59.28 incurred in the prosecution to be paid within 30 days of this hearing. CHAIRMAN KAUFMAN: That's in the stipulation. MR. LEFEBVRE: It is, but I like to highlight it. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Second it. CHAIRMAN KAUFMAN: We have a motion, and we have a second; Herminio. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Herminio, side question. How long does it take to get a modification of the site plan, typically? MR. ORTEGA: I think six months is a good starting point. CHAIRMAN KAUFMAN: A starting point. MR. ORTEGA: Yeah. February 27, 2020 Page 42 CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thanks, Joe. MS. BUCHILLON: Next stipulation, No. 2 under hearings, CESD20190007900, Ildermaro A. Fuentes Rodriguez and Yamile Garcia Fernandez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your names on the microphone for us. MS. GARCIA: Yamile Garcia. MR. CHIDES: Samalor Chides (phonetic), the interpreter. (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.) CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. FUENTES: For the record, John Fuentes, Collier County Code Enforcement. This is reference to Case CESD20190007900. I met this morning with the respondents where we came to an agreement which reads as follows: Therefore, it is agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred in this prosecution of this case within the next 30 days of this hearing; Abate all violations by obtaining all the Collier County -- required Collier County building permits for the unpermitted garage alterations or demolition permit to return the garage to the permitted state, request all related inspections and issuance of a certificate of February 27, 2020 Page 43 completion within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, that the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Is the property, the garage, is that turned into living space? MR. FUENTES: It was converted, but there's no one residing in it at this moment. CHAIRMAN KAUFMAN: Okay. So there was a bathroom added? Electrical? MR. FUENTES: Yes, sir. CHAIRMAN KAUFMAN: Okay. Is the electrical to the -- did the existing garage have electrical in it? MR. FUENTES: I'm assuming so. CHAIRMAN KAUFMAN: Okay. Okay. Can you tell me what you intend to do? Are you going to put it back to being a garage or get a permit to change it to living space? MR. FUENTES: If I may, they do have a permit at the moment that's under review. They have applied for it, and they have paid the cost for it as well. CHAIRMAN KAUFMAN: A permit for? MR. FUENTES: The alterations to the garage. CHAIRMAN KAUFMAN: To convert it to living space? MR. FUENTES: Yes. February 27, 2020 Page 44 CHAIRMAN KAUFMAN: Okay. Do you think that 90 days, three months, is going to be enough time to get this permit approved and all your inspections and get a certificate of occupancy? MR. CHIDES: Yes, she does. CHAIRMAN KAUFMAN: Any questions/comments from the Board? MR. ORTEGA: I would extend that to 120 days. CHAIRMAN KAUFMAN: We can't change the stipulation, Herminio, without -- MR. ORTEGA: Oh. CHAIRMAN KAUFMAN: Okay. So it's 90 days unless they go back to the hallway and do something, and they haven't voiced any request to do that. So after the 90 days, if they have a problem, they know they can come back here. Okay. Anybody want to make a motion from the Board? MS. BOWMAN: Motion to accept. MR. ORTEGA: I'll second it. CHAIRMAN KAUFMAN: We have a motion to accept and a second. All in those favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Three months. Good luck. If you can't get it done in three months, come back. MS. GARCIA: Okay. Thank you. February 27, 2020 Page 45 MR. CHIDES: Thank you. MS. BUCHILLON: Next imposition -- I mean stipulation, I'm sorry. Number 22, under hearings, CESD20180010758, Reford Young. MR. YOUNG: I'm power of attorney for him. Is that okay? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. YOUNG: My name is Dennis Reford Young. CHAIRMAN KAUFMAN: Okay. And you're here in behalf of the respondent. MR. YOUNG: My father, yes. CHAIRMAN KAUFMAN: Okay. Good morning. MR. CATHEY: Good morning. For the record, Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 occurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the renovations/alterations including, but not limited to, new hot water heater 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; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier February 27, 2020 Page 46 County Sheriff's Office to enforce the provisions of this agreement, and all other -- all other costs of abatement shall be assessed to the property owner. Just a little background on this stipulation and the reason for the length of time. In addition to the hot water heater issue, the unit itself has been hit with a significant mold problem requiring several additional interior renovations. They have obtained a permit. It's under review right now, and that permit encompasses those interior renovations and the hot water heater as well. CHAIRMAN KAUFMAN: I'm always curious as why anybody would want to heat hot water. Wouldn't it just be a water heater? MR. LETOURNEAU: We could call it a cold water heater . CHAIRMAN KAUFMAN: That's what it is. Okay. Questions/comments from the Board? (No response.) CHAIRMAN KAUFMAN: If not, you understand the stipulation? MR. YOUNG: I do. I do. CHAIRMAN KAUFMAN: Okay. No problem with the timing? MR. YOUNG: No, I just -- you know, 99-year-old man, World War II veteran, three major battle stars, went through patents, 83rd Division, 20 months. We paid the fine, I hired a local plumber. We had it inspected. It needed to be turned a quarter. Could not find this plumber again. Flew back from Indiana. Spent $1,000 to chase this man down. Still couldn't find him. Filled out a form to change plumbers. And in the meantime, it got attacked by mold. I was hoping maybe we could put this thing to bed since I'm already applying for another permit that's in whoever's hands. I mean, it's been drug out forever, and I just think it should be done away with. CHAIRMAN KAUFMAN: Okay. February 27, 2020 Page 47 MR. YOUNG: But that's my opinion, not your guy's. CHAIRMAN KAUFMAN: It probably is my opinion as well, but that's neither here nor there right now. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody want to make a motion? MR. ORTEGA: I make a motion to accept the stipulation -- MR. DOINO: Second. MR. ORTEGA: -- as stated. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. CATHEY: Thank you. MS. BUCHILLON: Next stipulation. Number 23, CESD20190011745, Diane M. Moore. (The speakers were duly sworn and indicated in the affirmative.) MR. HAMILTON: For the record, Dan Hamilton, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Could you state your name, ma'am, for the record. MS. MOORE: Diane M. Moore. February 27, 2020 Page 48 CHAIRMAN KAUFMAN: Okay. Thank you. MR. HAMILTON: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the interior building alteration within 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce this provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand the stipulation? MS. MOORE: I do. CHAIRMAN KAUFMAN: Do you have enough time to get everything done? MS. MOORE: I'm going to try. CHAIRMAN KAUFMAN: Okay. And if you don't, you know where to come. MS. MOORE: Yes. CHAIRMAN KAUFMAN: Okay. Get any motion from the Board? MR. DOINO: Make a motion to accept as written. CHAIRMAN KAUFMAN: Okay. We have a motion. February 27, 2020 Page 49 MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Good luck. MS. MOORE: Thank you. MR. HAMILTON: Thank you. MS. BUCHILLON: Next stipulation, No. 18, CESD20180013990, Vladimir Portal and Caridad Paz. (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: Good morning. MR. HOLMES: All right. So I met with the respondents, and we came to a stipulation agreement for the case. CHAIRMAN KAUFMAN: Okay. You need to move the mic up a little bit. There you go. MR. HOLMES: Ready? CHAIRMAN KAUFMAN: Yes. MR. HOLMES: Okay. It reads as follows. Bradley Holmes, Collier County Code Enforcement. Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; February 27, 2020 Page 50 Two, abate all violations by obtaining all required Collier County building permits for the unpermitted garage conversion, aluminum porch, entry addition, warehouse building, swimming pool, and improvements to pigeon coop or obtaining a demolition permit to remove all unpermitted structures/improveme nts, request all related inspections, and issuance of certificate of occupancy or completion within 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Is the garage -- is anybody living in there? MR. HOLMES: It's being utilized, yes. It's living space. MR. ORTEGA: Is it being occupied? MR. HOLMES: Yeah. CHAIRMAN KAUFMAN: That's a problem in your stipulation that that's not being addressed. That's a safety and health to me. How about you, Herminio? MR. ORTEGA: It's considered nonhabitual space until it becomes habitual space. MR. HOLMES: So we've speculated as to its location within the house, but there isn't anything that specifies that it's exactly this area. We looked at the property card and then the original house permit. Both stated there was a garage, 700 square feet. There is no garage on this house. And the owner purchased it in that condition. February 27, 2020 Page 51 It wasn't done by this particular owner at this time. CHAIRMAN KAUFMAN: My concern is if you have something that was a garage that was not properly inspected to be living space. It's got plumbing, I'm assuming. MR. HOLMES: I can't confirm that it has plumbing, no. It's being used as a bedroom. My speculation is it's a bedroom right now. But like I said, we don't know where it's located in the house. We can't say whether or not it has plumbing in it or not. MR. ORTEGA: We're talking specifically about a garage that's been converted, right? MR. HOLMES: Correct. MR. ORTEGA: But you're saying that we don't know where it's at? I'm confused here a little bit. MR. HOLMES: Well, because we could speculate as to where it's located. The house originally had a garage. It doesn't have a garage anymore, so... CHAIRMAN KAUFMAN: It doesn't have a garage because it was converted? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: That's the violation. MR. HOLMES: Correct. CHAIRMAN KAUFMAN: It was converted to living space. MR. ORTEGA: We don't really know that. MR. LEFEBVRE: How you going to pull a permit and say, I'm going to convert this back to a garage if you don't know where the garage is? Isn't there -- I mean, isn't there the ability to pull the original permit for this house? MR. HOLMES: The original -- CHAIRMAN KAUFMAN: Jeff, do you want to testify? MR. LETOURNEAU: I do. (The speaker was duly sworn and indicated in the affirmative.) February 27, 2020 Page 52 MR. LEFEBVRE: For the record, Jeff Letourneau, Collier County Code Enforcement. I believe after talking with Cristina, it's an older permit where we have verbiage that states about the square footage concerning a living space and garage; however, we do not have the original drawings of the house, so we have no idea where the original garage was located in this structure. We just know there was one, and no permit was pulled to convert it into living space. MR. HOLMES: We have those documents right here. MR. LEFEBVRE: Right. So how are you going to say convert the space back to a garage if you don't know where it is? MR. ORTEGA: What is the intent; to preserve the space as-is or to convert it to a garage? CHAIRMAN KAUFMAN: You said a permit was applied for? MR. HOLMES: No. There was not a permit applied for to do any correction, no. CHAIRMAN KAUFMAN: This was first cited when? MR. HOLMES: This was first cited back in -- just give me a moment. Pardon me. Everything got shuffled. Okay. It was cited back in November 2018. CHAIRMAN KAUFMAN: '18? MR. HOLMES: Yes. CHAIRMAN KAUFMAN: Not '19? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: So what's happened in a year, actually a year and three months? MR. HOLMES: So it was a large gamut of issues on the property, and the bulk of the time that has been spent has been going through a variance process, because many of these items don't meet setback and -- by a significant measure. So the county's been providing time to go through the variance process. February 27, 2020 Page 53 CHAIRMAN KAUFMAN: I understand time. I don't understand how many months this is. If this goes back to '18, I mean, if it doesn't meet setbacks, giving 180 days to resolve this isn't going to help either. MR. ORTEGA: When you say substantial encroachment, what are you talking about? Feet? Inches? MR. HOLMES: Feet. MR. LETOURNEAU: Yeah, they applied for the -- MR. HOLMES: The pool and the warehouse structures are the issues. MR. LETOURNEAU: They applied for the variance in -- May 14th, 2019. MR. ORTEGA: Was this an administrative variance or a full-blown variance? MR. HOLMES: Both. CHAIRMAN KAUFMAN: Was it approved? MR. LETOURNEAU: I think they're still working through it. CHAIRMAN KAUFMAN: So it's got a swimming pool also that you can tell that -- unless it's an indoor pool -- MR. HOLMES: Yes. CHAIRMAN KAUFMAN: -- you could tell that from the aerial shots whether it's -- I don't want to -- MR. HOLMES: We've seen the pool. CHAIRMAN KAUFMAN: Okay. So -- MR. HOLMES: And that has an approved barrier already around it. That's actually already been fully permitted. CHAIRMAN KAUFMAN: It has a barrier. Was the pool permitted? MR. HOLMES: No. The pool permit was -- (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: So they did okay -- February 27, 2020 Page 54 MR. HOLMES: -- but it was not finaled. CHAIRMAN KAUFMAN: So the pool was not permitted, but the fence around the unpermitted pool was okay? MR. LETOURNEAU: That was part of our original case, correct? MR. HOLMES: Yeah. MR. LETOURNEAU: The fence was part of the original case. They had no pool barrier fence. So they went out and got a fence. MR. HOLMES: They installed -- MR. LETOURNEAU: Got a CO for a pool barrier, but they still have to work through the issue of getting the pool permitted and dealing with the variance on the pool. MR. ORTEGA: The variance -- the variance is for the pool? MR. LETOURNEAU: I believe so. MR. HOLMES: It's for the pool and for the warehouse building. CHAIRMAN KAUFMAN: Yeah, I don't know how they get a permit -- how do you get a permit for a fence -- MR. LETOURNEAU: Well, you can put a fence up -- you can put a fence up and call it a pool barrier and pass t he requirements of the pool barrier fence, and it's up, right there. MR. HOLMES: It doesn't have a setback issue because it's a fence. MR. CHIDES: Excuse me. There was a pool permit. They did pull a pool permit to build the pool, but it was not built -- it actually was built in the setback when they built it in 2005. CHAIRMAN KAUFMAN: The pool was in the setback? MR. CHIDES: Yes, but it was -- they did pull a permit for it. MR. LETOURNEAU: They just never got it CO'ed. CHAIRMAN KAUFMAN: Well, you never get it CO'ed if it's in the setback. MR. LETOURNEAU: Well, I mean, they can try to get a February 27, 2020 Page 55 variance, yeah. CHAIRMAN KAUFMAN: Okay. Which wasn't approved also. MR. LETOURNEAU: Well, they're working through it right now. MR. ORTEGA: What happened here, clearly, is that a spot survey wasn't issued, or it wasn't presented to the Building Department, so there's no way they can -- MR. LETOURNEAU: Yeah. They pulled the permit, did the work, didn't get the -- all the required inspections or the certificate of completion. MR. CHIDES: Correct. CHAIRMAN KAUFMAN: Let me ask how this came to Code to begin with. MR. HOLMES: It was a complaint by a neighbor. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: He's been pretty silent since, but... CHAIRMAN KAUFMAN: Is the encroachment on the neighbor's property? MR. HOLMES: It is on both sides for the warehouse from what I understand. I'm not an expert on the fine details of that. MR. CHIDES: No, it's not in the -- it's not in the neighbor's property. MR. HOLMES: No, not into the neighbor's property, no. It's a setback issue. CHAIRMAN KAUFMAN: Okay. From the road? MR. CHIDES: From the property -- MR. HOLMES: From the sides of the property. MR. LETOURNEAU: It encroaches. It's not in somebody's property. It's just too close on his property, so... CHAIRMAN KAUFMAN: It doesn't meet the setbacks. MR. LETOURNEAU: Exactly. February 27, 2020 Page 56 MR. HOLMES: That's correct. CHAIRMAN KAUFMAN: This is a complicated case. MR. LETOURNEAU: It is. Do you gentlemen know where the original garage was? MR. CHIDES: As far as I know and what he's telling me, when he bought the house, that's the way it was. MR. LETOURNEAU: Right. MR. CHIDES: So he's not sure where the garage was either. MR. LETOURNEAU: Okay. MR. CHIDES: Just probably just telling by the way the driveway is coming in how you tell there was a garage there. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: I don't know what to say. And for me, a loss of words is unusual. MR. LETOURNEAU: We do come across these cases where the structure is so old that we don't have all the records. We have to go by what we have, and there definitely states that there was a garage at one point, and there isn't a garage at this point, so... CHAIRMAN KAUFMAN: What I'm looking at now, what I'm going to guess is going to happen is you pay the 59.28, the 180 days goes by, and it still won't be ready to be CO'ed. MR. LETOURNEAU: That's probably correct. CHAIRMAN KAUFMAN: Well, I bet money on it. Okay. So I'm trying to get some sort of a resolution in my head that we could put forward, but this stipulation doesn't seem to help me with that. MR. LETOURNEAU: Well, I mean, I think that it's like a normal stipulation. You guys give them the 180 days. They do what they can. They come back with a report at 180 days. If they're not finished, then you weigh the factors at that point whether to give them an extension or not. CHAIRMAN KAUFMAN: Okay. Well -- all right. Anybody February 27, 2020 Page 57 want to make a motion from the Board? MR. ORTEGA: I make a motion to accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I should have asked if you think 180 days is sufficient time, not that it can be changed, but... MR. CHIDES: I think it's sufficient time. I think what's going to be is have the engineer come in and look at what he doesn't know, because they got to open walls, obviously, to make sure everything is done properly, also the wiring. I mean, basically, to bring up to code and also to find an engineer that is willing to do that, I think that's where the issue's going to be. CHAIRMAN KAUFMAN: How big is the warehouse? How many square feet? MR. CHIDES: The warehouse -- this is a detached warehouse. It's 33 by 24. CHAIRMAN KAUFMAN: Big warehouse. MR. CHIDES: Yeah. That's -- setting into the setback for 33 feet, it's actually in the setback, so... CHAIRMAN KAUFMAN: Well -- February 27, 2020 Page 58 MR. CHIDES: And the garage, we're not sure exactly where it was, so... CHAIRMAN KAUFMAN: Okay. Park in the warehouse. Okay. MR. CHIDES: Yes. CHAIRMAN KAUFMAN: So good luck on resolving this. MR. CHIDES: Okay. CHAIRMAN KAUFMAN: Thank you. MR. CHIDES: Thank you. CHAIRMAN KAUFMAN: We're going to take a break now for Ms. Fingers and for the rest of us as well. We'll be back in about 10 minutes. (A brief recess was had from 10:31 a.m. to 10:47 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Which brings us to... MS. BUCHILLON: Under hearings, No. 14, CESD20190003219, Mark Ryan Morgan. We have a speaker. CHAIRMAN KAUFMAN: Yes, I have the speaker slip. MR. LEFEBVRE: We're going to hear the case first. (The speakers were duly sworn and indicated in the affirmative.) MR. HAMILTON: Good morning. For the record, Daniel Hamilton, Collier County Code Enforcement. This is in reference to Case No. CESD20190003219 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), alteration/repair to seawall. Located at 241 Harbor Place North in Goodland, Florida; Folio No. 46273160003. Service was given on May 1st, 2019. I'd like to now present case evidence in the following exhibits. There's going to be one aerial of the property, four pictures taken by February 27, 2020 Page 59 Contract Licensing, and two pictures taken by myself. CHAIRMAN KAUFMAN: Okay. Has the respondent -- first of all, your name on the microphone for us. MR. MAXWELL: Joshua Maxwell. CHAIRMAN KAUFMAN: So I have this -- you are representing? MR. MAXWELL: Yeah. Mr. Morgan wasn't able to make it today. So I've been his engineer for the improvements, and we're also doing the permitting with state and federal for him. MR. HAMILTON: If you let me go through the case details probably -- CHAIRMAN KAUFMAN: No, no, no. Before that. Ordinarily when we get this, that's generally someone who wants to speak from the public, not somebody who's replacing somebody who's here. So that's what confused me. MR. MAXWELL: Okay. I apologize. My first Code Enforcement hearing. CHAIRMAN KAUFMAN: No problem. We just used another piece of paper. That's okay. So now -- go ahead. Has the representative for the respondent seen the photos? MR. HAMILTON: No, he hasn't. CHAIRMAN KAUFMAN: Okay. Could you show him the photos, please. MR. LETOURNEAU: Can you come over here. CHAIRMAN KAUFMAN: Okay. Now you've seen the photos? MR. MAXWELL: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MR. MAXWELL: No, sir. CHAIRMAN KAUFMAN: Are you -- do you have anything in February 27, 2020 Page 60 writing that lets you speak on behalf of the respondent? MR. MAXWELL: Text messages, but I'm a personal friend of Mark's, so he asked me to represent him today. CHAIRMAN KAUFMAN: Okay. If the county has any problem with that? MR. LETOURNEAU: We have no objection. CHAIRMAN KAUFMAN: Okay, fine. And you have no problem with the photos? MR. MAXWELL: No, sir. CHAIRMAN KAUFMAN: Okay. Take a motion from the Board to accept the photos. MR. DOINO: Motion to accept. MS. BOWMAN: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. All right. We got back. MR. HAMILTON: Okay. Do you want to go over the pictures first? CHAIRMAN KAUFMAN: Yes, if you want to narrate while you're going through picture, that would be great. And maybe you can talk to the guy with the gray hair and tell him to make them bigger. February 27, 2020 Page 61 MR. HAMILTON: Can you make them bigger? Okay. This is just the aerial view of the property. This is Goodland. So it's right on a -- you can tell this is a waterway into Goodland there. So he sits right across from there. To give you a perspective, kind of where Stan's is at and, you know, the crab -- areas where they bring crabs in for commercial use. CHAIRMAN KAUFMAN: Can you point out on that photo the seawall that we're probably going to be talking -- MR. HAMILTON: Yeah. See the yellow. Where his arrow's coming there, if you can -- CHAIRMAN KAUFMAN: Okay. Fine. MR. HAMILTON: All right. This is a picture here that I took. This is kind of after the fact. It's already been covered up. Can you go scroll through there. It's not in order. Next. Okay. This is the original one. When Contract Licensing was notified of the complaint, they came out first before we were notified. So when we got there, they seen that they were re-anchoring the seawall, all right, and there was no permit pulled to re -anchor that. So Contract Licensing -- there was no issue with that because it was, I guess, owner initiated, or whatever, so they turned the case over to us, all right. So when I went out, the pictures you seen at first there that are covered up, that's all that I seen. These were already covered. So the pictures you're seeing of the actual concrete and the anchors were actually taken by Contractor Licensing before I got out there. CHAIRMAN KAUFMAN: Okay. MR. HAMILTON: So that's the pictures I have. There a view completely from the side of the residence of the seawall. They were showing -- excuse me for my voice there. But let me go through this, and if you have any other questions. February 27, 2020 Page 62 CHAIRMAN KAUFMAN: Sure. MR. HAMILTON: Okay. So on March 22nd, 2019, the case was given over to us from Contractor Licensing for investigation into the alteration and repair of the seawall, and it was without a permit. A determination was made by, you know, Mr. Walsh that a permit was needed to make those alterations. On March 27th, contact was made with the property owner, Mr. Morgan, and advised the work to the seawall required a permit. He understood and advised that a marine contractor, who's here today, was already in touch and was going to continue the process to make this legal. A notice of violation was issued on May 1st, 2019. A permit was applied for. I say "applied for," on May 7th, so just a few days later there was a permit applied. The permit was changed to -- I guess there is a normal permit. And he can attest to what's going to go on with the permit, but the permit is still there. It's now in expired status, but it's going to a special treatment type permit because of the required seawall and the state requirements and stuff like that. He can attest more to that as well. But at this point it's been rejected for corrections. On 10/17, I spoke with the contractor, Nick Pearson. MR. MAXWELL: He's our marine biologist. MR. HAMILTON: Okay. And the permit was rejected. And the reason why it was rejected was for the affidavit of authorization that needed to be submitted. They did pursue that. They submitted that one, and now it's just sitting in rejected status because they're waiting on state documents. So they have been working towards compliance, but we wanted to bring it to the Board so we can get some type of time frame on this and try to get this process moving one way or the other. CHAIRMAN KAUFMAN: So, basically, what the county is February 27, 2020 Page 63 alleging is that the seawall was fixed, modified, or whatever without a permit? MR. MAXWELL: Correct. CHAIRMAN KAUFMAN: Okay. I understand. MR. ORTEGA: To piggyback on that, it was fixed? The work is done? MR. HAMILTON: Yeah. The anchoring of the seawall, which we were first (unintelligible), that's been corrected, or been done. We're just -- that's what the permit -- we're trying to get him to get a permit for that. What they're trying to do now is to combine that permit into a special-treatment permit. If he wants to attest to that, he can explain that one a little better as the engineer. CHAIRMAN KAUFMAN: Okay. And you got this from Contractors Licensing? MR. HAMILTON: Correct. CHAIRMAN KAUFMAN: Okay. MR. MAXWELL: And just for calculation -- Josh Maxwell, professional engineer at Turrell, Hall & Associates. We've been helping Mr. Morgan along the way, and the ST permit -- you're required in an ST overlay area to get an ST permit for anything. We did not know that you needed it for something that was under the ground being supplemental tiebacks, so that caught us by surprise and caught Mr. Morgan by surprise. Since we're doing an ST permit, he wants to -- it's a $400 application fee, so he wants to include all the future improvements he wants to do into the project so he doesn't have to go back every time he puts in a fence, a driveway modification, a dock, a riprap and pay $400 every time. And the ST permit application can't be completed until we have the state permit back for the dock and riprap. Those have been applied for. We're anticipating to have those in the next 30 to 60 February 27, 2020 Page 64 days. And Mr. Morgan plans to hopefully get everything permitted, reviewed by the county for the dock and riprap, get this taken care of and get his new dock installed all by the end of this summer. CHAIRMAN KAUFMAN: Okay. So on -- I understand that the county and the Board has no problem with you representing them. I don't know if you're authorized to make decisions for the respondent. But the first thing that we have to do is to find out whether the Board thinks a violation exists, okay. And you said that you're aware that no permit was pulled when this anchoring was done. MR. MAXWELL: Yes, sir. CHAIRMAN KAUFMAN: Okay. So let's start with that and go from there. Anybody want to make a motion as to whether a violation exists? MR. DOINO: Make a motion a violation exists. MS. BOWMAN: 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. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We've settled that. Now, I generally ask the count y what February 27, 2020 Page 65 their recommendation is, which I'll do that, and then we'll come back to you, okay? MR. MAXWELL: Thank you. CHAIRMAN KAUFMAN: Okay. MR. HAMILTON: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtaining all required Collier County building permits, inspections, and certificate of completion and occupancy for the alteration and repairs to the seawall 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 violations using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce this provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Now, you had mentioned that you expected this thing to all be resolved by the end of the summer. MR. MAXWELL: Yes, sir. CHAIRMAN KAUFMAN: That's about six months. MR. MAXWELL: Correct. CHAIRMAN KAUFMAN: About 180 days. So any discussion from the Board on a possible motion as to when this -- the amount of days and the amount of money to fine after that fact? MR. LEFEBVRE: So you'll have the dock built, this project completed within six months? February 27, 2020 Page 66 MR. MAXWELL: That's the plan. Mr. Morgan's a commercial fisherman, and he currently has been working out at Capri Fish House, which is listed, and always has people trying to pick it up and redevelop it so he purchased this to be able to move his fishing operation. So he's kind of under the gun before Capri Fisheries is bought to have another place to store his vessels and operate out of. MR. ORTEGA: Is there a life-safety issue here at all? MR. MAXWELL: Not that I'm aware of. CHAIRMAN KAUFMAN: Maybe to the fish. MR. MAXWELL: Well, if I might add that some of the repairs done were also in the result of Hurricane Irma. Mark was not able to do them during the Governor's order portion, so that was part of the -- he wanted to secure the seawall until he could put the riprap in for the permanent intubement as well as the dock. MR. ORTEGA: Now, when you speak of riprap, you're talking behind the wall or in front of the wall? MR. MAXWELL: In front of the wall. CHAIRMAN KAUFMAN: That requires the state once you start putting stuff in the water. MR. ORTEGA: So you actually preserved the seawall? MR. MAXWELL: Yes. MR. ORTEGA: Just the tiebacks? MR. MAXWELL: Hmm? MR. ORTEGA: Just replaced the tiebacks. MR. MAXWELL: The tiebacks are just a temporary measure. CHAIRMAN KAUFMAN: Okay. Anybody want to try on the motion? MR. ORTEGA: I'll make a motion if I can read it. MS. BUCHILLON: Make it bigger? MR. LETOURNEAU: I can. MR. ORTEGA: All right. I'll make a motion that all February 27, 2020 Page 67 operational costs are paid, 59.21 are paid within 30 days. MS. BUCHILLON: Twenty-eight. CHAIRMAN KAUFMAN: Is that 21 or 28? MR. ORTEGA: I can't read it. MS. BUCHILLON: It's 28. CHAIRMAN KAUFMAN: It's 28? MR. ORTEGA: Oh, 59.28. MR. HAMILTON: 59.21. MR. ORTEGA: Which one is it? I see 21. CHAIRMAN KAUFMAN: Yeah. This is seven cents we're arguing about. MR. HAMILTON: Did we leave it at 21? We probably left it 21; 59.21. MR. ORTEGA: My motion continues; that all operational costs are paid -- operational costs, 59.21 are paid within 30 days, obtain all required Collier County permits, inspections, and certificate of completion I'm going to say within 180 days, and a fine of $200 per day will be imposed until violation is abated. CHAIRMAN KAUFMAN: Okay. Could we get a second for that motion? MR. DOINO: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. February 27, 2020 Page 68 MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MAXWELL: Thank you very much. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 2, CEPM20190000805, Kitti Augsondthung and Wanwisa Augsondthung. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. AUGSONDTHUNG: Kitti Augsondthung. CHAIRMAN KAUFMAN: You're the only one that pronounced it right. MR. AUGSONDTHUNG: Yeah. CHAIRMAN KAUFMAN: Okay, Chris. MR. AMBACH: For the record, Chris Ambach, supervisor, Code Enforcement. Past orders: On August 29th, 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, OR5674, Page 3576, for more information. The violation has been abated as of December 20th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from October 14th, 2019, to December 20th, 2019, 68 days, for a total fine amount of $17,000. Previously assessed operational costs of $60.40 have been paid. Operational costs for today's hearing: $59.28. Total amount, $17,059.28. February 27, 2020 Page 69 CHAIRMAN KAUFMAN: Okay. The violation has been abated, and you have something to request? MR. AUGSONDTHUNG: Yes. I bought that property with the violation, but right now I just fix everything. Would you waive that for me, please? CHAIRMAN KAUFMAN: Okay. So you're asking for the fines to be abated? MR. AUGSONDTHUNG: Yep. MR. LEFEBVRE: When was the property purchased? MR. AUGSONDTHUNG: October 2019. MR. LEFEBVRE: October when? MR. AUGSONDTHUNG: I don't know exactly what day, but -- MR. LEFEBVRE: October two thousand -- MR. AUGSONDTHUNG: '19. MR. LEFEBVRE: '19? So just a few months ago? CHAIRMAN KAUFMAN: Yeah. Yeah, 68 days. MR. AUGSONDTHUNG: They had the violation with the old property, so... MR. LEFEBVRE: Oh. Make -- MR. AUGSONDTHUNG: I got that property. CHAIRMAN KAUFMAN: Can you tilt that mic down a little bit. That's it. MR. LEFEBVRE: So you bought the property with this code -- MR. AUGSONDTHUNG: Yes. MR. LEFEBVRE: -- case open? MR. AUGSONDTHUNG: Yes. CHAIRMAN KAUFMAN: And you were aware of that when you purchased it? MR. AUGSONDTHUNG: I know, yep. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And you probably got a good deal on it? February 27, 2020 Page 70 CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion to deny the county's request. He has stated in record he purchased this in October, and he took roughly two months to get it fixed, which I think is relatively timely. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. BOWMAN: Aye. MR. DOINO: Aye. MS. BOWMAN: Oh, sorry. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: All the premature "ayes." Okay. The fine is abated. MR. AUGSONDTHUNG: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: Thank you. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 4, CESD20180003308, Jermaine Nelson. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. NELSON: Jermaine Nelson. CHAIRMAN KAUFMAN: Okay. Cristina [sic]? February 27, 2020 Page 71 MS. PEREZ: Good morning. For the record, Code Enforcement, Cristina Perez. This case is in reference to Case No. CESD20180003308. 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). Location: 2617 55th Terrace Southwest, Naples, Florida; Folio No. 36325440005. Description: Garage altered to living space and no Collier County building permit obtained. Past orders: On November 16, 2018, the Code Enforcement Board issued findings of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5575, Page 1974, for more information. On May 23rd, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5639, Page 2141, for more information. The violation has been abated as of January 16th, 2020. Fines have accrued at the rate of $250 per day for the period from February 15, 2019, to January 16, 2020, 336 days, for a total fine amount of $84,000. Previously assessed operational costs of $59.70 and $59.35 have been paid. Operational costs for today's hearing are $59.56. The total amount being $84,059.56. CHAIRMAN KAUFMAN: Okay. Good morning. MS. NELSON: Good morning. CHAIRMAN KAUFMAN: Looks like this took a while to get done. MS. NELSON: Yes, sir. CHAIRMAN KAUFMAN: And you're here to request? February 27, 2020 Page 72 MS. NELSON: An abate of the fine, please. CHAIRMAN KAUFMAN: You want the fine abated. Is there any reason why it took so long? MS. NELSON: I had problem with the contractor where he has to stop the work, and I have to get a lawyer to mediate the matter so that it doesn't go too far. And then I had contact LegalShield, and then LegalShield wrote them a letter, give them three days to response, and they never response. So I have to hire somebody else so that I can shorten the time to get that resolved, but I finally got everything under control. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? Any motions? MS. BOWMAN: Motion to deny the county's -- sorry. CHAIRMAN KAUFMAN: That will do. Ability to collect. MS. BOWMAN: Ability to collect. 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. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So your waiting here was worthwhile. The $84,000 fine is gone. MS. NELSON: Thank you, sir. February 27, 2020 Page 73 MS. PEREZ: Thank you, board members. MS. NELSON: Thank you. MS. BUCHILLON: Next item on the agenda, No. 5, CESD20170018508, AV Vision LLC. CHAIRMAN KAUFMAN: Five from hearings or 5 from imposition? MS. BUCHILLON: From hearing -- imposition of fines, I'm sorry. MR. ORTEGA: Chairman, members of the Board, I need to recuse myself from this case. CHAIRMAN KAUFMAN: Okay. Just go talk to Jed. He'll be glad to assist you. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. ACEVEDO: Filson Acevedo. CHAIRMAN KAUFMAN: Say that again. MR. ACEVEDO: Filson Acevedo. CHAIRMAN KAUFMAN: Okay. And Latoya Thompson, is this the case I'm looking at? MR. SHORT: Yes. I'll be presenting that. Latoya Thompson is an investigator. I'm her supervisor. CHAIRMAN KAUFMAN: Okay. This was alterations and additions, okay. Number 5. MR. SHORT: For the record, supervisor Eric Short, Collier County Code Enforcement. This is in regards to violations of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). The location is 4588 Parrot Avenue, Naples, Florida; Folio 32488080005. February 27, 2020 Page 74 Description is alterations and additions commenced without obtaining proper Collier County building permits. Past orders were on May 24th, 2018, the Code Enforcement Board issues 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, OR Book 5519, Page 3606, for more information. The violation has been abated as of January 15th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from December 25th, 2018, to January 15, 2020, 387 days, for a total fine amount of $96,750. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing: $59.28. For a total of $96,809.28. CHAIRMAN KAUFMAN: Okay. On the bottom of the page, C, previous violations, I see there was a violation for the same offense 10/9/2017; is that correct? MR. SHORT: That's correct. That issue was resolved through voluntary compliance. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Question: This case was in front of us on the 24th of May 2018, and it looks like we gave him until the 25 th of December 2018 to correct the violation. Why hasn't -- why didn't it come in front of us for an extension or continuance or anything like that in 14 months? MR. SHORT: Administratively, we chose not to take the case to a hearing because we saw forward movement. MR. LEFEBVRE: Okay. MR. SHORT: And based on the past direction of the Board when these type of cases are presented. MR. LEFEBVRE: Okay. Just a question. February 27, 2020 Page 75 CHAIRMAN KAUFMAN: Okay. And you're before us -- why did it take so long to resolve this issue? MR. ACEVEDO: I have many issues trying to find the right people to do the work as far as, like, find an engineer, and then hiring the electrician, plumbers. It took me a very long time, and that's the reason. And then once the people started doing the work, they were taking a long time to get things done, and that's the reason why it took this long. But eventually everything got solved. CHAIRMAN KAUFMAN: So I'm a little confused. The permits -- MR. ACEVEDO: Yes. CHAIRMAN KAUFMAN: -- that were originally pulled to do the job -- MR. ACEVEDO: Yes. CHAIRMAN KAUFMAN: -- you had a problem getting the proper people to work on the job? MR. ACEVEDO: Yes. CHAIRMAN KAUFMAN: Who pulled the permits? MR. ACEVEDO: A general contractor. CHAIRMAN KAUFMAN: The general contractor pulled the permits? MR. ACEVEDO: Yes, uh-huh. CHAIRMAN KAUFMAN: And did he also provide the other trades; the plumber, electrician? MR. ACEVEDO: He did, yes. He introduced me to these people, and I knew some of them as well. CHAIRMAN KAUFMAN: And they kind of dropped the ball on it, I guess? MR. ACEVEDO: Yes, uh-huh. It was one after the other. CHAIRMAN KAUFMAN: Okay. It's almost $100,000. Any comments from the Board? February 27, 2020 Page 76 (No response.) CHAIRMAN KAUFMAN: Any motion from the Board? MS. BOWMAN: I make a motion to deny the county's ability to collect. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the county's ability to collect the fine. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: (Absent.) MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You waited, and you did well. MR. ACEVEDO: Thank you very much and, again, God bless you all. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 6, CESD20160016422, Najeeb Ullah. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Joe, take it away. By the way, can you state your name on the microphone for us, please. MS. ULLAH: Saeeda Ullah. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CESD20160016422. Original February 27, 2020 Page 77 violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Violation location: 5349 Holland Street, Naples; Folio 62205720000. Violation description: Interior remodeling consisting of but not limited to removing drywall and insulation with plans to replace them with new drywall without first obtaining a valid Collier County permit. Past orders: On June 22nd, 2017, 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 violation. See the attached order of the Board, OR5410, Page 3375, for more information. On November 17th, 2017, the Code Enforcement Board order granted a continuance. See the attached order of the Board, OR5456, Page 1391, for more information. On March 28th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5618, Page 1666, for more information. Violation has been abated as of October 31st, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $300 per day for the period from August 22nd, 2017, to August -- I'm sorry -- to October 31st, 2019, 801 days, for a total fine amount of $240,300. Previously assessed operational costs of $65.36, $59.42, and $59.56 have been paid. Operational costs for today's hearing, $59.56. For a total fine amount of $240,359.56. CHAIRMAN KAUFMAN: The paperwork that we have is not -- MR. MUCHA: She paid operational costs last night, so it might not have been updated. February 27, 2020 Page 78 CHAIRMAN KAUFMAN: Okay. Both the 59.42 and 59.56? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: And the total, which was 478- is now 359-? Okay. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: I assume the arithmetic works out. MR. MUCHA: I hope so. CHAIRMAN KAUFMAN: Okay. And this took a while to do, I guess. MS. ULLAH: Yeah. But I don't know if you remember the case when I first brought my mom with me and I explained to you guys that my dad was the original one who started this, and he left the country, and there was a divorce and a whole bunch of story. So I would like to request for that to be waived. CHAIRMAN KAUFMAN: To be abated? MS. ULLAH: Yes, please. CHAIRMAN KAUFMAN: Okay. Any comments, questions, motions from the Board? MR. DOINO: Make a motion to deny the county. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MR. LEFEBVRE: Well, there's also another violation, another property by the same respondent on the second page. CHAIRMAN KAUFMAN: Let me find it. MS. BOWMAN: We have to hear that separately, though. MR. LEFEBVRE: I know. It's just they put it in there for a reason. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to deny the county's ability to collect it. All those in favor? MS. BOWMAN: Aye. February 27, 2020 Page 79 MR. DOINO: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Okay. I think I need a show of hands. I have two nays. And -- MS. BOWMAN: Aye. MR. DOINO: (Raises hand.) MR. ORTEGA: (Raises hand.) MS. DAVIS: (Raises hand.) CHAIRMAN KAUFMAN: And aye, aye, aye, aye. Okay, it passes 4-2. THE COURT REPORTER: Mr. Kaufman, were you a nay? CHAIRMAN KAUFMAN: Yeah. MS. ULLAH: Thank you. CHAIRMAN KAUFMAN: Don't go away yet. Was this the other -- MR. LEFEBVRE: No, this is a whole different day. CHAIRMAN KAUFMAN: Oh, okay. Okay. So the fines are erased. MS. ULLAH: Thank you. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 3, CESD20170002774, N-A LLC. (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: Good morning. CHAIRMAN KAUFMAN: Cristine, good morning. And could you state your name on the microphone for us, please. MS. SEPANSKI: I'm Lisa Sepanski, owner of N-A Properties. CHAIRMAN KAUFMAN: Okay. Is that N-A Properties? February 27, 2020 Page 80 MS. SEPANSKI: LLC. CHAIRMAN KAUFMAN: LLC, okay. MS. PEREZ: Board members, before I read the imposition-of-fine order into the record, the violation is not abated, and I believe Ms. Lisa would like to speak on behalf of that. MS. SEPANSKI: I'm not sure where to start on thi s. I'm nervous. I know you guys don't bite, but I'm nervous. MR. ORTEGA: Don't bet on that. MS. SEPANSKI: Hmm? MR. ORTEGA: Don't bet on that. MS. SEPANSKI: It shows that the first complaint was because the pool was not built or was not permitted in 1991. The pool was actually not there until 1996, one. Not that that really matters, because it was not permitted. But the house sold five times prior to me purchasing it, and at no time did anybody note that this pool had not been permitted which, again, regardless, it's my responsibility now. When we went to the county growth department to get it permitted, they stated we need a state contractor to come in, look at it, and state that, okay, this is all good with a sketch, and then we could have the final CO for the permit, then it's changed into -- CHAIRMAN KAUFMAN: When did you purchase the property? MS. SEPANSKI: 2009. CHAIRMAN KAUFMAN: 2009? MS. SEPANSKI: Yes. We even had a title insurance company, but no one caught this. And I'm sorry again. I'm just -- right now what I have is I have an open permit, and I keep going -- I'm trying to -- every time I go down to the county it's a different story. They come out, they look at it, and then they state, well, now you need this. Instead of saying I need A, B, C, and D they come out and say, okay, February 27, 2020 Page 81 A is good, but now I decided that you need B. Then they come out again and inspect it. Now you need, you know, whatever. So it's just like a constant, you know, I do one thing, they find something else wrong. I mean, I brought the -- I mean, all the permits are current. One's been closed and finaled, but right now I'm at a loss. I don't know what to do. It's like I can't get anywhere with the growth department. Every inspection they come out they fail it because they decided it needs something else. So now they want to dig up -- want us to dig up the pool, literally dig it up all the way around to check for bonding of wires, you know. MR. ORTEGA: Is this a concrete pool or Fiberglass pool? MS. SEPANSKI: Concrete. I mean, I just -- I don't know what else to say. I mean, I'm trying. I've personally -- I was just there yesterday. I mean, you could see all the -- CHAIRMAN KAUFMAN: This property, is somebody living there? MS. SEPANSKI: Yes. I have a renter there. CHAIRMAN KAUFMAN: You have a renter there? MS. SEPANSKI: Yes, uh-huh. CHAIRMAN KAUFMAN: You've owned the property since -- MS. SEPANSKI: 2009. CHAIRMAN KAUFMAN: -- 2009. You were first cited November 27th, 2017. MS. SEPANSKI: Yes, and we've been -- CHAIRMAN KAUFMAN: What happened -- then you came back to the Board in July of 2018. So there's a period of six, about eight months there. What happened during that time? MS. SEPANSKI: The contractor, we had problems getting ahold of him. When we finally did, he went back down -- and these people have all been paid for their job. It just can't seem to get completed. I've taken the initiative to go myself now because the February 27, 2020 Page 82 contractor -- I think he's going to quit because he's just -- he doesn't know what else to do either. I mean, I even hired a, you know, separate pool contractor, electrical contractor, all these different people, and now they said, well, I want an engineer. It's taken this long because the growth department always wants something -- I don't know what to -- CHAIRMAN KAUFMAN: Do you have a fence around this pool? MS. SEPANSKI: Yes, that's a -- we have a final on that. That was completed October 2019. CHAIRMAN KAUFMAN: Okay. So the description of the violation that we have here is that portion of it has been abated where it says "with no barrier." MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Okay. So the only remaining issue is the permit for the pool itself which like she said, there has been some inspections that have been approved but, unfortunately, there's three -- there was one approved yesterday. There's three that remain. And they've gotten some direction as far as what the county's expectation is. MS. SEPANSKI: Yes. I even got the card of Freder ick Clum, the head electrical engineer for the county, that he's going to help me try to get it resolved for the electrical part. CHAIRMAN KAUFMAN: So you're before the Board to request what? MS. SEPANSKI: An extension for now. I guess maybe -- I'm hoping 30 days. I know that I keep -- or my husband was coming, but we keep coming asking for an extension but, again, every time I go down there, it's just something new. It's almost like when a new inspector comes out they decide what they need to see. Another inspector -- it's almost like a game. I don't know. I just -- I can't -- I February 27, 2020 Page 83 mean, I go down there, and everybody has a different story. It's almost like there's no rules. Everybody -- it's a free-for-all. I just -- I don't know. And no one has an answer down at the county for the inspectors, and then they -- they'll get rude with you like you're doing something wrong. And, I mean, I keep going there, and I don't have an answer for that section other than I'm trying. I literally am trying. MR. LEFEBVRE: Doesn't the Building Department have a liaison between Code Enforcement and the Building Department? CHAIRMAN KAUFMAN: Renald Paul. MR. LETOURNEAU: I'm sure you've talked to Mr. Paul, correct? Renald Paul. MS. SEPANSKI: No. Oh, yes. And he -- nothing. CHAIRMAN KAUFMAN: What do you mean nothing? MS. SEPANSKI: He has -- he said he would help to resolve it, and now here I am standing. It's not -- MR. LETOURNEAU: I think there is direction at this point. I understand that they probably didn't give you everything you needed to do all at once, but right now you have clear direction to get this thing taken care of. It's just something that's going to be difficult, correct? MS. SEPANSKI: Yes. I guess now I'm at the point where they -- I have to dig the pool up now, around the pool, and -- so they can look at the wires underneath to make sure -- MR. LETOURNEAU: We have no objection for an extension, obviously, I mean -- CHAIRMAN KAUFMAN: You have no objection for a continuance? MS. PEREZ: For a continuance. MR. LETOURNEAU: Yeah, continuance, excuse me, yes. MS. SEPANSKI: I just -- you know, I am trying. I really am. I February 27, 2020 Page 84 just -- CHAIRMAN KAUFMAN: Okay. Anything from the Board? Anybody want to make a motion? MR. LEFEBVRE: I think she's going to need more than 30 days. Unfortunately, I mean, it sounds like the work that she's going to need to do is going to be more than 30 days. I make a motion to continue for 120 days. MS. BOWMAN: I'll second that motion. CHAIRMAN KAUFMAN: We have a motion and a second for a 120-day continuance. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 120 days. A continuance means that the fines continue to accrue. MS. SEPANSKI: Yes. CHAIRMAN KAUFMAN: Okay. So just so you're aware of that. If you get it done before that, it would be in your best interest to contact Code Enforcement and get back here. MS. SEPANSKI: I'm hoping I get it fixed, so, I really do. Friday we're -- CHAIRMAN KAUFMAN: Good luck. Don't go swimming in the pool if you don't have those wires bonded. You could get cooked. February 27, 2020 Page 85 MS. SEPANSKI: I won't. Thank you very much. MS. PEREZ: Thank you, board members. MS. SEPANSKI: I'm good? MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 7, CENA20190009868, Rose Manie Numa. CHAIRMAN KAUFMAN: The county ran out of people? Hire me one person to testify. Oh, here she comes. Can you state your name on the microphone for us, please. MR. NUMA: Pierre Numa. CHAIRMAN KAUFMAN: Okay. Cristine? MS. PEREZ: Good morning. For the record, Mr. Pierre is the brother of our respondent. CHAIRMAN KAUFMAN: Does he have permission to appear before us? MS. PEREZ: Verbal permission from the property owner, yes. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: The violations remain in compliance -- I mean, I'm sorry -- in violation. This is in reference to CEN20190009868 [sic]. Violation: Collier County Code of Laws and Ordinances, Section 54-179, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Location is 2792 24th Ave Southeast, Naples, Florida. Folio No. 41283720001. Description is outdoor storage of household items to include, but not limited to, interior furniture, plumbing fixtures, household junk, trash and debris. Past orders: November 22nd, 2019, the Code Enforcement Board issued 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, February 27, 2020 Page 86 OR5703, Page 3293, for more information. The violation has not been abated as of February 27, 2020. Fines have accrued at the rate of $100 per day for a period from January 22nd, 2020, to February 27, 2020, for 37 days, for a total fine amount of $3,700. Fines continue to accrue. The previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.28, for a total amount of $3,759.28. CHAIRMAN KAUFMAN: Okay. Sir? MR. NUMA: Yes, sir. Good morning. CHAIRMAN KAUFMAN: Do you have some outside stuff laying around? MR. NUMA: Yes, sir. CHAIRMAN KAUFMAN: And it's still there? MR. NUMA: It's still there, sir, yes, sir. CHAIRMAN KAUFMAN: So based on this and it not being cleaned up, our hands are tied. We have to enforce the order. MR. NUMA: I understand that, sir. CHAIRMAN KAUFMAN: Is anything being done to clean it up? MR. NUMA: Yes. I tried to do the best I can to clean everything outside, and I have someone to help me, but you cannot find people exactly to help you doing something. And because of that, first of February I tried to leave my job and to accomplish everything, and the first week of the February, I tried to -- I work for AIS, for high mass pole electric, something like that. I tried to tie a drill bit with a chain, and the operator, or the driver who used the crane, I don't sign him to lift up the crane, to lift up the drill bit, and he pull my right hand -- the left thumb together with the chain and caught it. So that make me a little bit tardiness to finish with the job. And I understand the fine going up. But at that time I cannot lift February 27, 2020 Page 87 up any heavy weight to in the container. So that's as far as the delays made. And I move two cars already. They have two back car, the red and the truck in the back of the house way far, about 100 feet. So on this weekend the car going. This weekend, the two cars going. So the leftover stuff I'm going to see if I can wrap them off, throw some away, and put the best one in the container and finish with the job, finish with the debris. So I ask the chairman and the vice chairman and the members, please, if they can give me more time to finish with it, I would appreciate that. I'm very sorry about because I didn't finish it, and I say sorry to everyone, every listener who's here. I will -- I want to do the best, but I will do the best again to finish everything when I come, or I can call Mrs. Buller [sic] or Mrs. Michele to tell them that everything is finished, and I can go over there to show them the picture, everything. CHAIRMAN KAUFMAN: Has anybody been out to the property this week? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: And? MS. PEREZ: There is still significant amount of debris on the property that needs to be cleaned up. CHAIRMAN KAUFMAN: These fines accrue at the rate of $100 a day. MR. NUMA: I understand. CHAIRMAN KAUFMAN: It would be cheaper to buy some help to get it cleaned up than to pay these fines. You've had since November 22nd. That's when the Board first heard it. So the violation was there prior to that. So you've probably had -- not you, your brother, whoever's managing the property, three, four months to get this cleaned up. If you took one piece every day, February 27, 2020 Page 88 I'm sure it would be cleaned up by now. Is there something that's real big on the property that's difficult to move, Cristine? MS. PEREZ: There is just bulk items. It appears, from my understanding, that Ms. Rose, the property owner, receives items, and these items are packaged into the container and shipped to Haiti. So there's just a -- you know, just a variety of items that are stored outdoor until they're able to put them inside of the container, which the one on site still -- it appears that it's already full of items. So most of this stuff, I would assume that if they can't fit it, like Mr. Pierre said, they're just going to have to, you know, dispose of them. CHAIRMAN KAUFMAN: Didn't we hear something on this case in the past where we said -- it's not fair -- I'm going from memory. It's not fair to the neighbors that you're using this as a collection place, to stop that? MS. BOWMAN: That was the church. CHAIRMAN KAUFMAN: That was the church. Is this related to the church? MR. NUMA: No. CHAIRMAN KAUFMAN: Also going to Haiti. MS. BOWMAN: Right. CHAIRMAN KAUFMAN: Well, I think sufficient time has been granted. We need to move forward on this, my personal view. MR. LEFEBVRE: Make a motion to impose. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. February 27, 2020 Page 89 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. PEREZ: We also have the next case, and I'll explain to Mr. Pierre and also the property owner what process they have to take once abatement is completed. MS. BUCHILLON: I'm going to read the case into the record. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 8, CEV20190010125, Rose Manie Numa. MS. PEREZ: This is in reference to Case No. -- oh, I'm sorry. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CEV20190010125. Violations: Collier County Code of Laws and Ordinances, Section 130-95. Location: 2792 24th Ave Southeast, Naples, Florida; Folio No. 41283720001. Description: Multiple unlicensed and inoperable vehicles on Estates zoned improved parcel. Past orders: On November 22nd, 2019, the Code Enforcement Board issued a finding of fact, conclusions 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, OR5703, Page 3295, for more information. The violation has not been abated as of February 27, 2020. Fines have accrued at the rate of $100 per day for the period from December 23rd, 2019, to February 27, 2020, 67 days, for a total February 27, 2020 Page 90 fine amount of $6,700. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Today's operational costs for the hearing is $59.28. Total amount is $6,759.28. CHAIRMAN KAUFMAN: How many vehicles? MS. PEREZ: There was one vehicle that, when we conducted the site visit on the 24th, was still in the front. Mr. Pierre says that vehicle's been removed, and there's two additional vehicles in the rear yard that he make -- testimony a little bit earlier that his intentions are to remove those within the next few days. CHAIRMAN KAUFMAN: So the two vehicles in the rear are not registered? MS. PEREZ: Correct, they're not registered. CHAIRMAN KAUFMAN: Are they drivable or -- MS. PEREZ: They don't appear drivable. CHAIRMAN KAUFMAN: Okay. I know you have a bad thumb, but you can use another finger to dial the phone to call a towing company to get them pulled out of there. MR. NUMA: Yes, sir. CHAIRMAN KAUFMAN: And this has gone on, again, for three months. MR. NUMA: Yes, sir. CHAIRMAN KAUFMAN: So any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll make a motion that we impose the fine. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? February 27, 2020 Page 91 MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I suggest you get everything cleaned up so that the fines don't keep on going. Thank you. MS. PEREZ: Thank you. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 10, CEPM20180008642, Chad Barancyk. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Good morning. For the record, Sherry Patterson, Collier County Code Enforcement. This case is dealing with the violations for the Florida Building Code, the Sixth Edition 2017. Sections 454.2.17.1.1 through 54 -- 454.2.17.1.15, and Collier County code of laws and ordinances, Section 22-26. The location of the violation is 1974 Countess Court, Naples, Florida; Folio 54 -- 51441280001. The description of the violation was a swimming pool on a residentially zoned property without an approved safety barrier. The past order was on January 24th, 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, OR5603, Page 2114, for more information. The violation has not been abated as of February 27th, 2020. February 27, 2020 Page 92 Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from April 25th, 2019, to February 27th, 2020. It's 309 days for a total fine amount of $61,800. The fines continue to accrue. The previously assessed operational costs of $60.05 have not been paid, and the operational costs for today's hearing is $59.35, for a total amount of $61,919.40. CHAIRMAN KAUFMAN: Thank you. I have here previously operational costs have not been paid. MS. PATTERSON: They have not. CHAIRMAN KAUFMAN: When we have a case where the operational costs have not been paid, we just impose the fine. MR. BARANCYK: My name is Chad Barancyk. I was under the impression that the operational costs had been paid. And the fence is up. It's been up. I just hadn't gotten it -- what do you call that? Inspected. I needed to get an inspection. So it's been up for a number of months. But -- I think the first time that I was here, it was to get a permit for the fence because the -- my cage had gotten taken down from Irma, and that had taken quite a while with the county. There's an issue with my neighborhood, and I had to go back and forth with the attorneys from the association and the County Attorney. Finally got the permit, got the fence installed, but they didn't send the -- what do you call them? The hinges that automatically close, so I've had to put those on after the fact. But that's all done. I just have to, you know, get the inspection and -- CHAIRMAN KAUFMAN: Let me interrupt you for a second, because we generally don't hear anything if the operational c osts have not been paid. MR. BARANCYK: I don't understand how they could not have been. February 27, 2020 Page 93 CHAIRMAN KAUFMAN: Do you have a canceled check or credit card, something that shows that you paid? MR. BARANCYK: Well, I had called some -- I had another inspector the first time that I was here to try to get the permit. MR. ORTEGA: Investigator. MR. BARANCYK: Beg your pardon? MR. ORTEGA: Investigator or inspector? MS. PATTERSON: Investigator, yeah. MR. BARANCYK: I don't know. MS. PATTERSON: Another investigator, yep. MR. BARANCYK: And paid something here the day of that hearing, and you had given me more time. It wasn't to correct -- it was to get a permit, and so I paid something, and I don't know how that's -- CHAIRMAN KAUFMAN: Well, the orders are specific when they're sent out, and it calls for the payment of the operational costs within 30 days on every order we issue. I can't believe that an order was issued without that language on it. I'm sure we have the documentation on that. This is as of, what was it, April? From April to now. MR. BARANCYK: Yeah. CHAIRMAN KAUFMAN: Did you put the fence up yourself? MR. BARANCYK: Yes. CHAIRMAN KAUFMAN: You did. MR. BARANCYK: Yes. CHAIRMAN KAUFMAN: Okay. Well, then you can't blame it on a contractor that didn't get the permit. Did you get a permit for the fence? MR. BARANCYK: Yeah, yeah. We got a permit, and I got an extension. CHAIRMAN KAUFMAN: And did you call in all the February 27, 2020 Page 94 inspections? MR. BARANCYK: No, that's what I need to do. CHAIRMAN KAUFMAN: That was part of the order in April. MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: Not only to get it done, but to call in the inspections. MR. LEFEBVRE: Our order -- our order specifically says, B, Letter B, respondent must abate the violation by erecting, fixing, or repairing an approved pool barrier to avoid safety concerns and/or shall apply for and obtain all applicable Collier County building permits for a permanent pool enclosure and/or protective barrier, request all related inspections, and receive a certificate of completion on or before April 24th, 2019, or a fine of $200 a day will be imposed for each day the violation remained thereafter. The part you haven't gotten is a certificate of completion. MR. BARANCYK: Inspection, right. MR. LEFEBVRE: Completion. MR. BARANCYK: Completion. Okay. MR. LEFEBVRE: Yes. MR. ORTEGA: Is the permit still active? MS. PATTERSON: Yes. And if I just may just reiterate, he's at the final inspection part right now. That's what he needs. MR. ORTEGA: Fences only require one inspection. MS. PATTERSON: He needs to call for the final inspection, and that's the last one he needs to do, and pay the operational costs, previously oper -- you know, and today's, if the Board doesn't, you know, waive the fines which, you know, that's up to you obviously, so... CHAIRMAN KAUFMAN: Well, we're not going to waive a fine on a violation that still exists. MS. PATTERSON: Correct, I understand. February 27, 2020 Page 95 MS. BOWMAN: Continue it. CHAIRMAN KAUFMAN: I'd like to make a motion that we impose the fine. MR. DOINO: Second. CHAIRMAN KAUFMAN: You're -- MR. BARANCYK: Could I -- CHAIRMAN KAUFMAN: You're done. All those in favor? MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? MS. BOWMAN: Nay. MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Okay. It passes. One, two -- two nays. 5-2 [sic]. Okay. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BARANCYK: Can I appeal this? CHAIRMAN KAUFMAN: What? MR. BARANCYK: Can I appeal -- I have a $61,000 fine. When was the other operational costs? MR. LETOURNEAU: Can I make a statement about that? You had mentioned that you had paid that day of the hearing at this particular venue? MR. BARANCYK: Yeah. MR. LETOURNEAU: We don't -- MR. BARANCYK: I went downstairs -- you go downstairs or something? MR. LETOURNEAU: No. We don't -- we accept them at the Code Enforcement. We don't take payments here at this building. February 27, 2020 Page 96 MR. BARANCYK: It wasn't -- yeah, I think I had to pay right here. MR. LETOURNEAU: Well, Code doesn't take payments here. We take payments down at 2800 North Horseshoe Drive. So I don't know if that was a payment to Code Enforcement or not. MR. BARANCYK: Well, maybe -- MR. LEFEBVRE: You've rendered your decision. CHAIRMAN KAUFMAN: Yes, we did. MR. BARANCYK: Thank you. MS. BUCHILLON: Next item on the agenda under imposition motion of fines, No. 9, CENA2019003644, Frances M. Smugorzewski Estate. MR. MUCHA: Say that again. CHAIRMAN KAUFMAN: That's easy for you to say. (The speakers were duly sworn and indicated in the affirmative.) MR. SAUNDERS: Greg Saunders. Good morning, Board. MS. BOWMAN: Good morning. CHAIRMAN KAUFMAN: Good morning. If you keep appearing here, we're going to put you on the Board. MR. MUCHA: Yes, sir. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Has been abated, et cetera. Okay. Go ahead, Joe. MR. MUCHA: I'll go through it. Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CENA20190003644. Original violation of Collier County Code of Laws and Ordinances, Section 54-179, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Violation location is 2739 Holly Avenue, Naples; Folio 508903200005 [sic]. February 27, 2020 Page 97 Description of the violation is debris and litter on this parcel. Past orders: On September 26th, 2019, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5689, Page 50, for more information. Violation has been abated as of January 21st, 2020. Fines have accrued at a rate of $100 per day for the period from December 26th, 2019, to January 21st, 2020, 27 days, for a total fine amount of $2,700. Previously assessed operational costs of $59.21 have not been paid. Operational costs for today's hearing is $59.28, for a total fine amount of $2,818.49. And I want to put on the record, he went to our office yesterday and paid an operational cost, but it was for another case, so he meant to pay for this case, and he paid for another case. So I don't know how -- CHAIRMAN KAUFMAN: He's one operational cost shy. MR. MUCHA: Yeah. MR. SAUNDERS: If I may respond, I went, like he said, and I didn't have a reference number this time. Officer Johnson, John Johnson, last time gave me a reference number. So when I went there yesterday to pay it, I had his employee, David, do the research on the computer, and he said this is the one, so I went downstairs and paid it. Now we just figured out that it's not the right one. MR. LETOURNEAU: Is it for the same property? MR. MUCHA: Same property, just different case. MR. LETOURNEAU: Sir, are you planning on paying that one at some point? MR. SAUNDERS: Yes, sir. MR. LETOURNEAU: The county will withdraw this case until the gentleman has time to pay that operational costs. February 27, 2020 Page 98 CHAIRMAN KAUFMAN: Great. Okay. MR. SAUNDERS: But if I may, that means I have to come back again. I was trying to get -- CHAIRMAN KAUFMAN: Can you pay it today? MR. SAUNDERS: I can't pay it till tomorrow. CHAIRMAN KAUFMAN: Okay. Well, I generally can't sign the orders until after that anyhow. So why don't we -- on the provision that it's paid tomorrow, we can take care of this. Excuse me? MR. LETOURNEAU: Deny the county's motion on the provision? CHAIRMAN KAUFMAN: Yes. So I'm assuming that you're going to pay it tomorrow. MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: I generally sign the orders when Jed sends them to me, which is sometime between tomorrow and the end of the year. That was a dig, Jed. So that shouldn't be a problem. MR. SAUNDERS: I'll get it paid tomorrow, sir. CHAIRMAN KAUFMAN: Okay. Now, I need a motion from the Board to either impose or deny the county's -- MS. BOWMAN: Motion to deny the county. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. February 27, 2020 Page 99 MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SAUNDERS: Thank you, everybody. I appreciate your help. Thank you, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 13, CEPM20180013070, Kathleen Valenta. (The speakers were duly sworn and indicated in the affirmative.) THE COURT REPORTER: Your name? MR. LESNIAK: Gregory Lesniak. CHAIRMAN KAUFMAN: Okay, Joe. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is dealing with Case No. CEPM20180013070. Violation of 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 the Florida Building Code, 2017 Edition, Chapter 4, Section 454.2.17. Location: 5 Derhenson Drive, Naples; Folio 49582200004. Description of the violation was a mobile home in disrepair with visible damage to include, but not limited to, exterior walls, roof, and windows, swimming pool not being maintained, and pool covering in place had deteriorated. Pool will also need a permanent barrier/temporary fence in place at this time. Past orders: On April 26th, 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 B oard, OR5629, Page 3174, for more information. February 27, 2020 Page 100 The violation has been abated as of December 26th, 2019. Fines and cost to date are as follows: One, fines have accrued at a rate of $100 per day for the period from May 4th, 2019, to May 16th, 2019, 13 days, for a total fine amount of $1,300. Two, fines have accrued at a rate of $100 per day for the period from May 27th, 2019, to October 29th, 2019, 156 days, for a total fine amount of $15,600. Three, fines have accrued at a rate of $100 per day for the period from October 24th, 2019, to December 26th, 2019, for 64 days, for a total fine amount of $6,400. Previously assessed operational costs of $59.77 have not been paid. Operational costs for today's hearing is $59.49 for a total fine amount of $23,359.49. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. LESNIAK: Greg Lesniak. CHAIRMAN KAUFMAN: Okay. And you're representing Kathy? MR. LESNIAK: Yes, it's my mother-in-law. CHAIRMAN KAUFMAN: Okay. The main problem I have reading this is the 59.77 that has not been paid. MR. LESNIAK: Yeah. I was unaware of that. I didn't know there was anything that I needed to pay that -- CHAIRMAN KAUFMAN: Okay. MR. LESNIAK: -- maintain the -- we've taken it over from my mother-in-law. She's elderly, and my wife and I moved down here, and we kind of just assumed the property. And so there's times where things go to her, and we don't get it necessarily. That I was unaware of. I didn't know there was a previous -- that I need to pay the previous $59. CHAIRMAN KAUFMAN: Are you in a position to pay that February 27, 2020 Page 101 today? MR. LESNIAK: Yeah, I can pay that. Yeah, no problem. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion -- I'm assuming you're asking us to abate the fine? MR. LESNIAK: Correct. CHAIRMAN KAUFMAN: Anybody want to make a motion? MR. ORTEGA: I'll make a motion to deny the county's -- MS. BOWMAN: Second. MR. ORTEGA: -- fines. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. MR. LETOURNEAU: With the provision that -- CHAIRMAN KAUFMAN: With the provision that the 59.77 be paid today. MR. ORTEGA: Paid effective today. CHAIRMAN KAUFMAN: Okay. That's a good investment; 59.77 instead of $23,359. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. Thank you. MR. LESNIAK: Thank you. MS. BUCHILLON: Okay. We are back to public hearings. Under hearings, No. 3, CEDS20190012387, Carlisle Wilson Plaza, February 27, 2020 Page 102 LLC. For the record, respondent was notified by certified mail 1/29/20, and it was also posted at the property and the courthouse February 12th, 1920 [sic]. CHAIRMAN KAUFMAN: Which case number is this again? MS. BUCHILLON: It's No. 3 under hearings. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Good morning. Actually, good afternoon. MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. You have some things you want to show us, I assume. MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Pictures, whatever. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CESD20190012387 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Began demolition/renovations prior to obtaining required Collier County permits. Violation location: 50 Wilson Boulevard South, Units 3, 4, 5 and 6, Naples, Florida; Folio 37221120305. Service given on November 18th, 2019. I would now like to present case evidence in the following exhibits: Two pictures taken by me on November 4th, 2019, and four pictures taken by me January 3rd, 2020. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the pictures. February 27, 2020 Page 103 MR. DOINO: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And I must commend you on saying the pictures are taken by "me" and not "myself." "Me" is correct English. MS. McGONAGLE: Thank you. MR. LETOURNEAU: Okay. The first two are going to be the 2019 photos, and the last four will be the 2020 photos. MS. McGONAGLE: That's Unit 3, and that's Unit 6. I'll explain once I go into the presentation. That's Unit 3, so that's the difference between what it looked like in 2019 when I took the first pictures in November versus in January. This is still from that same window looking into Units 3 and 4, and then this picture is Unit 6, and this is also Unit 6. CHAIRMAN KAUFMAN: This is Wilson Boulevard off of Golden Gate Parkway? MS. McGONAGLE: Yes. It's the corner where the supermarket's at, Hungry Howie's. It's that plaza. CHAIRMAN KAUFMAN: Right. MS. McGONAGLE: There used to a pet supply store in these units. February 27, 2020 Page 104 CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Well, in a couple of the units. I received a complaint from Contract Licensing on October 18th, 2019, for construction without permits. Research revealed that Permit PRBD20190939756 for tenant buildout was submitted on September 18th, 2019, and rejected October 21st, 2019. I made a site visit on October 24th, 2019, and observed a Stop Work Order had been posted by Contractor Licensing on the front door, but there was plastic covering the windows. A determination request was prepared on October 25th, 2019, and on November 8th, 2019, building official Jonathan Walsh determined a violation exists. That was based on Contractor Licensing's investigation. While on site November 4th, 2019, the plastic was off of the windows on Units 3 and 6, and I observed that there were no walls between the Units 3 through 6, and the concrete had been dug up, and there were holes in the floor, as you can see. Notice of violation was prepared and served to John White on November 18th, 2019, with compliance due December 18th, 2019. On December 19th, 2019, the permit remained in registration status. January 2nd, 2020, Code Enforcement received information from the Building Department that work was continuing in the evenings. I made a site visit on January 3rd, 2020, and observed the Stop Work Order had been removed. There was no plastic on the windows, and I observed that equipment had been placed in the unit, and it appeared that more work had taken place since my last site visit. I posted a new Stop Work Order on the property. I called and talked to the qualifier Pete Torres on January 13th, 2020, who stated that he had not been doing any work on the property and believed that it was the tenant. The permit remained in rejection status, and the case was prepared for a hearing on January 24th, 2020. I've tried to contact the property owner Greg Carlisle on multiple February 27, 2020 Page 105 occasions. My supervisor, Chris Ambach, has also tried to contact him, and we have received no return calls from him. On February 18th I called the leasing agent, Felipe Arcilia, and advised him that there was a hearing scheduled for today. I also talked to him again this morning. He was unable to make it. He said that he had talked to Mr. Carlisle. Mr. Carlisle's aware of the hearing. I still have not received any kind of phone call from him. As of today, the violation remains. CHAIRMAN KAUFMAN: This is a tenant that was doing some of the work? MS. McGONAGLE: That's what we were told, but then I had talked to another gentleman that is a manager for the entire plaza, and he said that Mr. Carlisle had given them access to the unit allowing them to go in there and do the work. CHAIRMAN KAUFMAN: Well, unless I'm wrong -- Herminio will correct me -- you have to be a licensed contractor in order to pull a building permit on a commercial property. MR. ORTEGA: That's correct. CHAIRMAN KAUFMAN: Okay. And were these people licensed contractors? MS. McGONAGLE: When they started the work, there was no permit, and there was not a licensed contractor involved. They hired somebody, and it is a licensed contractor that has pulled that permit which is in reject status. This is a bunch of -- one of the biggest conditions that they have right now is the wellfield -- I'm sorry -- the drainfield for the septic system. When I talked to the leasing agent this morning, they think that they've got that resolved now. They were just dealing with the Health Department yesterday, and they think that condition has been mitigated, but they still have a bunch of other issues. CHAIRMAN KAUFMAN: Okay. So they have a lot of work February 27, 2020 Page 106 in front of them. We need to determine whether a violation exists. MS. BOWMAN: I'll make a motion that the violation exists. CHAIRMAN KAUFMAN: We have -- MR. DOINO: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Pick one. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have a suggestion for us? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number one, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the alterations to Units 3, 4, 5, and 6, or return the units to the most recent permitted state within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Number 2, that the respondent must notify code enforcement investigator when the violation has been abated in order to conduct a February 27, 2020 Page 107 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 try to fill in the blanks here? MR. ORTEGA: Well, before that, return to its previous state. I would probably add the word "legally" previous state. MR. LETOURNEAU: She's got most recent permitted state. MR. ORTEGA: Permitted, okay. CHAIRMAN KAUFMAN: So permitted takes care of the legal. MR. ORTEGA: I'm hearing half words today. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at this? I don't hear any -- MR. ORTEGA: I'll take a shot at it. CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: Could we blow it up a little bit more? MR. LEFEBVRE: Just fill the blanks in. CHAIRMAN KAUFMAN: Yeah. 59.28. MR. ORTEGA: Fifty-nine -- okay. That 59.28 be paid within 30 days, obtaining all Collier County building permits within 30 days -- wait a minute. I used the term "obtaining" Collier County permits, but we're going all the way through completion. CHAIRMAN KAUFMAN: Yes. MR. ORTEGA: Then I'll change that to 120 days of this hearing, and a fine of $200 per day be imposed until the violation is abated. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion February 27, 2020 Page 108 on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thank you. How many cases do we have? Ms. Fingers needs a break here. She's counting. We're going to take a 12-minute break. MS. BUCHILLON: All right. (A brief recess was had from 12:11 p.m. to 12:25 p.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. What's next, Helen? MS. BUCHILLON: Actually, we have a change to the agenda. CHAIRMAN KAUFMAN: You do? MS. BUCHILLON: Under imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 15, CESD20180011522, Fabian Rodriguez and Caridad Salceiro, have been withdrawn due to compliance efforts. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And our next case will be under hearings. CHAIRMAN KAUFMAN: Let me get a motion to -- MS. BUCHILLON: Oh, okay. I'm sorry. February 27, 2020 Page 109 CHAIRMAN KAUFMAN: Motion to the Board to modify the agenda. MR. DOINO: Make a motion. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Was that fast enough? You got it. Okay. MS. BUCHILLON: Next item on the agenda under hearings No. 4, CESD20190000715, Linda A. Deniro. CHAIRMAN KAUFMAN: Bradley? Are we hiding Bradley? This is 4 under hearings. Garage converted to living space. Yada, yada. Is that it? MR. LETOURNEAU: Yeah. I think we're going to withdraw this case at this time. I don't -- I don't have all the information in our file here, so -- I'm not sure why this is still on the agenda, to be honest with you. Oh, it is abated. It is abated, okay. MS. BOWMAN: That was No. 4. CHAIRMAN KAUFMAN: So you're just going to pull it? MR. LETOURNEAU: Yeah, we're going to pull the case, yep. CHAIRMAN KAUFMAN: Period, okay. February 27, 2020 Page 110 MS. BUCHILLON: Next item on the agenda under hearings, No. 16, CEPM20190014484, LSF10 Master Participation Trust. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good afternoon. MR. CATHEY: Good afternoon. For the record, Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CEPM20190014484 dealing with violation of Collier County Code of Laws and ordinance, Chapter 22, Article VI, Section 22-231(15), pool not being maintained and green in color. Located at 8232 Xenia Lane, Naples, Florida, 34114; Folio 79904131145. Service was given on December 10, 2019. I would now like to present case evidence in the following exhibits: One photograph from December 9, 2019, and one from February 26th, 2020, taken by me, and an aerial of the property. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the exhibits. MR. DOINO: Make a motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Let the record show that the respondent's not present also. February 27, 2020 Page 111 MR. CATHEY: This case originated as a complaint to our department on December 9, 2019. I arrived on site, observed the pool was green in color. The home appeared to be vacant. Was not able to find any contact info for the property owner. Notice of violation was served on December 10. I returned on January 13, 2020, observed violation remain. Case was then prepared for hearing. As of today, violation remains. No response from the owner. CHAIRMAN KAUFMAN: Is that pool cage damaged? Is that the picture that I see there? MR. CATHEY: I did not see any damage on the pool cage. CHAIRMAN KAUFMAN: Diagonal braces, okay. It's not a real big pool. Okay. This was referred by a neighbor? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Okay. Pool looks green to me. Do we have a motion to whether a violation exists? MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MR. ORTEGA: I will second it. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. There is a violation. Do you have a suggestion for us, Ryan? February 27, 2020 Page 112 MR. CATHEY: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: One, chemically treating the pool water killing the algae growth, maintaining the filtration system to keep the pool water clean and provide biweekly treatments or chemically treating the pool water killing the algae growth and covering the pool to prevent safety hazards, insect infestations, and the intrusion of rainwater within blank days of this hearing or a fine of blank amount per day will be imposed for each day the violation continues; and, Two, 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. When did this complaint come in, approximately? MR. CATHEY: Approximately early December 2019. CHAIRMAN KAUFMAN: Okay. You've been unable to -- this Master Participation Trust looks like an LLC, I guess? MR. CATHEY: Yeah, it was purchased, I think, if I'm not mistaken, on the Property Appraiser, was September of 2019, if I'm not mistaken. We've had no contact since we sent notice out, notice of hearing, so no response back from anybody. CHAIRMAN KAUFMAN: No idea where these people live? Neighbors, do they know? MR. CATHEY: No. MR. LEFEBVRE: Is it certificate of title that they got this February 27, 2020 Page 113 property in, because it sounds like it might be a company that forecloses, a bank or -- MR. CATHEY: I believe -- on the deed, I think it was Bank of America possibly or something but I've had, like I said, no luck getting ahold of anybody. CHAIRMAN KAUFMAN: Okay. Well, maybe they'll get some luck when they see what happened. Go ahead. MR. LEFEBVRE: Sorry to cut you off. But back in the day, there was a foreclosure task force that was set up by Code Enforcement that worked directly with foreclosed properties. Any of those numbers, do you think, may be -- CHAIRMAN KAUFMAN: I know they did away with it. I remember -- (Simultaneous crosstalk.) MR. LETOURNEAU: We still have one person that actually reaches out to banks mainly. I don't think companies like this we really -- if we can't get ahold of them, we'll try to Google up a member that we find on the Sunshine, you know, document. But a lot of times you can't get ahold of these people. The major banks seem to respond pretty well. They didn't back in the day due to the fact they were overwhelmed but, you know, nowadays it's not so bad. MR. LEFEBVRE: A lot of times when you Google the address, sometimes it will show up. MR. LETOURNEAU: It does. I mean, we Google everything. You know, when I get this packet submitted, I'll sit down and go on Google and I'll just Google up phone for every officer in the company, and I'll try to -- a lot of times the phones don't even go to the right person, though. That's the problem. MR. LEFEBVRE: Okay. MR. ORTEGA: What about the association? MR. LETOURNEAU: Oh, I don't know. February 27, 2020 Page 114 CHAIRMAN KAUFMAN: They're probably the ones who turned it in. MR. CATHEY: No, it was a neighbor. MR. ORTEGA: Do they get resolved in situations like this? MR. CATHEY: They can themselves, but at this time I don't believe they're involved with anything. I don't believe they've issued any fines from the HOA standpoint or anything like that I'm not aware of. CHAIRMAN KAUFMAN: Generally, the HOA is more critical than code is, believe it or not. MR. CATHEY: They can be, yeah. CHAIRMAN KAUFMAN: As a past officer of a condo association. Okay. Anybody want to try filling in the blanks? Since I don't hear from anybody, I'll do it. 59.21 be paid within 30 days, $100 a day, and we'll give them, since you've been unable to get ahold of them, give them 30 days. MR. LEFEBVRE: I think $100 a day might be a little bit low. CHAIRMAN KAUFMAN: Let's make that $200 a day then. So $200 a day, 30 days. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. February 27, 2020 Page 115 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: He's not leaving. He must have something up his sleeve. MS. BUCHILLON: Next item on the agenda under hearings, No. 25, CEPM20190007369, RCS Holdings LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: For the record again, Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CEPM20190007369 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), missing/torn screens in a screen enclosure located at 7143 Marconi Court, Naples, Florida, 34114; Folio 79904701203. Service was given on October 9, 2019. I would now like to present case evidence in the following exhibits: One photograph from June 18, 2019, and two from February 26th, 2020, taken by me and an aerial of the property. CHAIRMAN KAUFMAN: Okay. We get a motion from the Board to accept the exhibits? MR. ORTEGA: I'll make a motion to accept the exhibits. MR. LEFEBVRE: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. February 27, 2020 Page 116 MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: This case also originated as a complaint to our department. I met with the complainant on site at his property on June 18, 2019. I was able to see the screen enclosure with the missing torn screens in the bottom left and over to the right. This top middle section there is missing the screen. CHAIRMAN KAUFMAN: The pool is covered; is that -- MR. CATHEY: There's no pool. It's just a deck. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Just a patio deck. Notice of violation was then served on October 9. On November 6th, I received a call from Beth McIntyre who stated the owner's diseased, and she's handling the estate of the property. I advised her of the violation. She stated she would address it. I returned on December 10th and observed that the screens remained torn. I sent an email to Beth on January 10th, 2020; never received a response. Case was then prepared for hearing. As of today, violation remains. Haven't had a response back. CHAIRMAN KAUFMAN: Let me ask a question on the screen. Since there's no pool there, do you need any screens there? MR. LETOURNEAU: We're not citing any kind of pool ordinance. What we're citing is the accessory structure property maintenance issue. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: If they just removed the screens, would that suffice? MR. LETOURNEAU: No, it would not suffice. It would still February 27, 2020 Page 117 need to be maintained as it was originally permitted. CHAIRMAN KAUFMAN: I wonder. MR. LETOURNEAU: Well, that's what I'm sticking with at this point. I think that it was -- it was permitted as a screened enclosure, and that it must be maintained as a screened enclosure until the county authorizes otherwise. It has to remain in its permitted condition. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion whether a violation exists? MR. ORTEGA: It's a hard one. CHAIRMAN KAUFMAN: What? MR. ORTEGA: It's a hard one. MR. LEFEBVRE: It's property maintenance. What's so hard -- MR. LETOURNEAU: Yeah. We've cited -- you have to maintain your accessory structures in good working order, and that's not good working order. MR. ORTEGA: You've got a little flapping screen in there. I'll make a motion a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Ron Doino, he votes in time frame -- like the guy who said I'm February 27, 2020 Page 118 10 minutes in the future; he's two minutes in the future. You have a suggestion for us? MR. CATHEY: Yes. 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: One, complying with all property maintenance requirements including, but not limited to, maintenance of buildings, structures, and premises as identified in the Collier County property maintenance code for the missing/torn screens in the enclosure within blank days of this hearing, or fine of blank amount per day will be imposed until the violation is abated; and, Two, 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. This is RCS Holdings. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: And the -- since there's a death here, you can't cite the -- or you could cite the homeowner who's dead so that the person who's taking over the estate is the one that has to answer to this. And I'm just wondering if that person that you contacted is part of RCS Holdings. MR. CATHEY: I have another document in here I didn't introduce into original evidence, if you want to look at it. It was legal authority sent from Beth McIntyre that might help answer that. CHAIRMAN KAUFMAN: Beth McIntyre a local person? MR. CATHEY: I believe she's in Indiana, if I'm not mistaken. I February 27, 2020 Page 119 don't know if you want to look at the document, but... CHAIRMAN KAUFMAN: No, just hope you contact her at some point in time. MR. CATHEY: Okay. CHAIRMAN KAUFMAN: Because this is sort of a minor infraction. I hate to run up a bill on this thing. I guess the main problem is contacting her. So anybody want to take a shot at filling in the blanks? MR. LEFEBVRE: 59.28 paid within 30 days of thi s hearing, 30 days to correct the issue, or $100 a day. CHAIRMAN KAUFMAN: Okay. I second that. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. DOINO: Aye. CHAIRMAN KAUFMAN: He's making up for it. He's late now. Now he's right time. MR. LETOURNEAU: That's for the next case. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 1, CESD20180006068, Carmen Vasallo. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay, Chris. MR. AMBACH: All set? CHAIRMAN KAUFMAN: Yep. MR. AMBACH: For the record, Chris Ambach, supervisor of February 27, 2020 Page 120 Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 1013 New Market Road West, Immokalee, Florida; Folio No. 6385256007. Description of violation: Unpermitted flat-roofed aluminum storage shed, an unpermitted re-roof on a permitted frame storage shed, and two unpermitted canopies attached to the dwelling at the rear yard of improved occupied residential property. Past orders: On September 27th, 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, OR5558, Page 1059, for more information. The violation has been abated as of August 16th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from December 26th, 2018, to August 16th, 2019, 233 days, for a total fine amount of $34,950. Previously assessed operational costs of $59.49 have been paid. Operational costs for today's hearing, $59.28. Total amount: $35,009.28. CHAIRMAN KAUFMAN: Has anybody heard from the respondent in this case? MR. AMBACH: We have. She sent a letter yesterday, a signed letter requesting an abatement of fines by the Board. That was emailed late yesterday afternoon. MS. BUCHILLON: I have a copy of it. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: I always like to hear why it took so long to determine if it was the fault of the respondent or what. So it makes it February 27, 2020 Page 121 kind of difficult not knowing a little bit of the history. Were you the investigator? MR. AMBACH: I'm the supervisor. MR. LEFEBVRE: I know. MR. AMBACH: I'm familiar with her, Ms. Vasallo. MR. LEFEBVRE: I mean, did she make an effort from the time that we heard the case to her -- MR. AMBACH: She did. All the permits that she pulled she pulled as a owner/builder to either keep the structures or to demolish. MR. LEFEBVRE: Okay. MR. AMBACH: There was some internal struggle that she had with one of the projects because she felt that it may affect a future addition to the home, so she kind of went back and forth on that. There was some rejections on two of the permits. She had t o wait on a stormwater plan. There was some -- and we have health issues. She's claimed she's had a health issue since day one. So, yes, did it take a while? It did. The property looks great now. Everything's permitted now. And the reason why she couldn't be here today is health related, so... MR. LEFEBVRE: Make a motion to deny imposing the fine. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. February 27, 2020 Page 122 MR. AMBACH: Thank you. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 11, CESDSD20170016853, Guixian Wu. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Hi, Joe. Let the record show respondent is not present. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CESDSD20170016853 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Violation location is 623 Palm Drive, Naples; Folio No. 50880006025. Description of the violation is building/remodeling without first obtaining a permit. Past orders: On January 24th, 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, OR5603, Page 2120, for more information. On October 25th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. Violation has not been abated as of February 27th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from May 25th, 2019, to February 27th, 2020, 279 days, for a total fine amount of $55,800. Fines continue to accrue. Previously assessed operational costs of $59.63 have been paid. The hearing cost for the continuance of $59.28 have not been paid. February 27, 2020 Page 123 Operational costs for today's hearing is $59.42, for a total fine amount of $55,918.70. CHAIRMAN KAUFMAN: Have you been in contact with this person? MR. MUCHA: Last time I was in contact with them was in December. Basically, the only thing holding up their permit is they have to get an engineer or a mobile home inspector to certify the work that's been done, and I think that's like kind of the sticking point, finding somebody that's willing to do that. CHAIRMAN KAUFMAN: Well, our hands are tied. I mean, it has not been abated, and the operational costs, partially, have not been paid, so... MR. MUCHA: Correct. MR. ORTEGA: Chairman? CHAIRMAN KAUFMAN: Yes. MR. ORTEGA: This might be mine. CHAIRMAN KAUFMAN: Might be your -- MR. ORTEGA: This one might be one of my clients. CHAIRMAN KAUFMAN: Okay. You want to recuse yourself? MR. ORTEGA: Yep. CHAIRMAN KAUFMAN: Okay. You're recused. Tell Jed. He'll write it down. MR. LEFEBVRE: Make a motion to impose. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and second to impose. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. February 27, 2020 Page 124 MR. ORTEGA: (Abstains.) MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. Tell Herminio he can come back in. Oh, he's here . MS. BUCHILLON: And the last item on the agenda under motion for imposition of fines, No. 14, CEAU20190005915, Sylvie E. Nutten. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: All right. This is in regards -- for the record, Supervisor Eric Short, Collier County Code Enforcement. This is in regards to violations of the Florida Building Code, 6th Edition 2017, Section 105.1, as adopted by reference in the Collier County Code of Laws and Ordinances. Location is 596 Willet Avenue, Naples, Florida; Folio 27586280000. Description is an unpermitted damaged privacy wall. Past orders were on October 25th, 2019. The Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR Book 5696, Page 3423, for more information. The violation has not been abated as of February 27th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 24th, 2020, to February 27th, 2020, 35 days, for a total fine amount of $3,500. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.35, for a total February 27, 2020 Page 125 amount of $3,618.63. CHAIRMAN KAUFMAN: Have you had any contact with the respondent? MR. SHORT: We have. There's a poor relationship between the two property owners, adjoining property owners, and I believe it's out of spite at this point. CHAIRMAN KAUFMAN: Spite, is that what you said? MR. SHORT: Yes. MR. LEFEBVRE: It's going to cost them. CHAIRMAN KAUFMAN: So it has not been abated. They haven't paid the operational costs. Again, our hands are tied. Anybody want to make a motion? MR. DOINO: Make a motion to enforce the fines. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion to impose and a second. All those in favor? MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. SHORT: Thank you. CHAIRMAN KAUFMAN: That's the end? MS. BUCHILLON: Yes, sir. MR. LEFEBVRE: How about No. 15? MS. BUCHILLON: Number 15 was withdrawn. February 27, 2020 MR. LEFEBVRE: Okay. MS. BUCHILLON: I read that into the record. CHAIRMAN KAUFMAN: I don't remember. I didn't write it down. We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:52 p.m. CODE -ENFORCEMENT BOARD ROAIVRT KAUFM;ArN,XHAIRMAN These minutes approved by the Board on 7- a23 r�C� , as presented VI -I,- or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 126