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CEB Minutes 08/28/2020August 28, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, August 28, 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 Chloe Bowman Sue Curley Ron Doino Kathleen Elrod Danny Blanco Gerald J. Lefebvre (absent) Herminio Ortega (absent) Barbara Ann Davis (absent) ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board (telephonically) August 28, 2020 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice, that the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak at 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 the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. If we'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Approval of the minutes. Anybody have any comments on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, accept a motion to approve the minutes. MR. DOINO: Motion to approve. CHAIRMAN KAUFMAN: And a second. MS. ELROD: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. August 28, 2020 Page 3 MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us into the agenda. We have a few changes, to say the least. MS. BUCHILLON: Yes, sir. First of all, we're going to start off with the attendance. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: And Mr. Danny Blanco? MR. BLANCO: Here. CHAIRMAN KAUFMAN: I think Patrick White is going to be joining us via telephone. MS. BUCHILLON: Yes, sir. Patrick, are you there? I know there's a delay. Patrick, try it again. MR. WHITE: I'm on the line, sir. CHAIRMAN KAUFMAN: Okay, Patrick. We hear you. Okay. For this meeting, we have all the regular members that are here. We want to welcome somebody who used to sit over there and now he sits over here. Danny Blanco is now an alternate on the August 28, 2020 Page 4 Board. Welcome aboard. MR. BLANCO: Yes, sir. Thank you. CHAIRMAN KAUFMAN: Okay. Which moves us to the agenda. MS. BUCHILLON: Agenda changes. We're going to start off with the stipulations. First stipulation under hearings, No. 17, CESD20200001102, Alexander Pico and Amy Perez. Second stipulation, No. 20 under hearings, CESD20200000524, Jones Napoleon. Next stipulation, No. 6 under hearings, CESD202000005525, Abel and Gardenia Rill. Next stipulation, No. 16 under hearings, CESD20200000792, Eva Martinez. Next stipulation, No. 18 under hearings, CESD20200000492, Jose Martinez Hidalgo and Oneyda Maria Diaz. Next stipulation, under hearings, No. 2, CESD20190010811, NAFDOF02, LLC. Next stipulation, under hearings, No. 21, CESD20200002928, Kimberly Champagne. Next stipulation, under hearings, No. 14, CESD20190014518, Henock Cherrelus Louis, LLC. Next stipulation, No. 26 under hearings, CESD20190009077, Dean G. Chionis and Sherri L. Chionis. Last stipulation, No. 19 under hearings, CESD20190013105, 3806 Exchange Avenue, LLC. CHAIRMAN KAUFMAN: Do we have any other changes? MS. BUCHILLON: Yes, we have the withdrawn ones. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1, CEPM20190000162, Betty J. Slamans and John David Steele, has been withdrawn due to compliance efforts. August 28, 2020 Page 5 Under public hearings, No. 4, CESD20190002541, Orlando Galindo and Maria Galindo, has been withdrawn due to compliance efforts. Next item on the agenda, No. 5, public hearings, CESD20190008177, Parrots in Paradise Trust, has been withdrawn. Permit has been issued. Number 7 under public hearings, CESD20190013491, Larry R. Davis, has been withdrawn due to insurance litigation. Number 8 under hearings, CESD20190013107, James Wuschke, has been withdrawn, and it will be rescheduled for the September hearing. Number 9 under hearings, CESD20190001005, Ezequiel Camargo, has been withdrawn and will be rescheduled for the September hearing. Number 11 under hearings, CEPM20190012216, has been withdrawn. Working towards compliance. Number 15 under hearings, CESD20200001190, has been withdrawn due to compliance efforts. Number 22 under hearings, CESD20200000908, June Alice Schmidt, has been withdrawn; voluntary compliance. Number 24 under hearings, CENA20200005417, Jean Baptiste Fortin, has been withdrawn due to compliance efforts. Number 25 under hearings, CESD20200001258, Jean Baptiste Fortin, has been withdrawn. Permit has been issued. Under old business, motion for rehearing, No. 1, CESD20190008083, has been withdrawn and will be rescheduled for the September hearing. Under imposition of fines, No. 3, CESD20180008035, has been withdrawn due to compliance efforts. Number 4 under imposition of fines, CESD20190000550, has been withdrawn -- I'm sorry. 12275 Collier Boulevard Land Trust August 28, 2020 Page 6 has been withdrawn due to compliance efforts. Under imposition of fines, No. 15, CESD20190009150, Catherine Vidal, has been withdrawn due to compliance efforts. Number 16 under imposition of fines, CESD20190002990, Lunel Napoleon, has been withdrawn; had an emergency. Under imposition of fines, No. 18, CELU20180014672, Jonathan F. Mejia Ochoa and Maria Doleres Ochoa Almaraz, has been withdrawn due to compliance efforts. Under imposition of fines, No. 20, CESD20190003992, Adolphe Antoine and Nahomie Plancher has been withdrawn and will be rescheduled for the September hearing. Under imposition of fines, No. 24, CEPM2018001187, Hazen L. Allen and Maria A. Allen, has been withdrawn due to legal reasons. Number 25, imposition of fines, CESD20180002262, CTPML, LLC, has been withdrawn due to compliance efforts. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the agenda as modified. MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Are there any seats available for the folks who are August 28, 2020 Page 7 standing in the back? Thanks, Cristine. Save one for me. I'll be back there. Are we going to hear the stipulations first? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First stipulation, No. 17 under hearings, CESD20200001102, Alexander Pico and Amy Perez. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Do you want to read that stipulation into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. This is pertaining to Case No. CESD20200001102. 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 building permits or demolition permits, inspections, and certificates of completion and/or occupancy for the gazebo, shed, and fence within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the August 28, 2020 Page 8 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. MUCHA: And in reality, it's really just a fence, because the gazebo is, like, one of those ones that you buy from Target. She's just going to take it down. And the shed is one of those Rubbermaid ones that can't be permitted, so she's just going to take that down. CHAIRMAN KAUFMAN: Okay. Anybody want to comment from the Board or make a motion? MR. DOINO: Make a motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion. We have a second. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. MS. BUCHILLON: Next stipulation under hearings, No. 20, CESD20200000524, Jones Napoleon. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: You look familiar. Do you want to read this stipulation into the record for us, Joe? August 28, 2020 Page 9 MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor of 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 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion and/or occupancy for the wood structure within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs shall be assessed to the property. CHAIRMAN KAUFMAN: Okay. Have they pulled the permit already? MR. MUCHA: No, it's just a -- from what I -- it's just a wooden structure. I think he's just going to take it down, and it wouldn't require a demolition permit because there's no electric or plumbing in it. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? August 28, 2020 Page 10 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. MS. BUCHILLON: Next stipulation under hearings, No. 6, CESD20200000525, Abel and Gardenia Rill. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Once again. MR. MUCHA: Once again. For the record, Joe Mucha, supervisor of 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 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion and/or occupancy to permit or remove the rear addition, multiple sheds, and wood deck within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; August 28, 2020 Page 11 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: Same question: Permits pulled on this? MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: You don't need a demo permit? MR. MUCHA: Well, for the addition, definitely would need a demo permit because it's attached to the house. CHAIRMAN KAUFMAN: Okay. They have 90 days? MR. MUCHA: That's what he agreed. CHAIRMAN KAUFMAN: That should be plenty of time. Any comments from the Board? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. August 28, 2020 Page 12 MS. BUCHILLON: Stay there. You've got two more. MR. MUCHA: Which one? MS. BUCHILLON: Number 16 and No. 18. CHAIRMAN KAUFMAN: She's saving you all these steps from walking in the back and coming up again. What's the next one? MS. BUCHILLON: Number 16, CESD20200000792, Eva Martinez. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Jeff's trying to get your -- MR. LETOURNEAU: Helen, I don't have this one. MS. CURLEY: Here. MR. LETOURNEAU: Well, no. She needs to put it up on the overhead. CHAIRMAN KAUFMAN: This stipulation? MR. LETOURNEAU: Right. MS. BUCHILLON: All right. CHAIRMAN KAUFMAN: Okay. Do you want to read it into the record? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor of 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 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion and/or occupancy for the shed, fence, and addition within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; August 28, 2020 Page 13 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. Any -- MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next stipulation, No. 18, CESD20200000492, Jose Martinez Hidalgo and Oneyda Maria Diaz. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: August 28, 2020 Page 14 One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion and/or occupancy for the shed, addition, fence, and voided permits within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abate d; 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 -- 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: This looks like it's been a shed month. MR. MUCHA: Sheds, additions. Yeah, this is all in a Habitat community that we did a -- we were called in to do a sweep of a lot of illegal additions and sheds and fences. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. August 28, 2020 Page 15 CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You can take the rest of the day off, Joe. MS. BUCHILLON: Next imposition -- I mean stipulation, No. 2, CESD20190010811, NAFDOF02, LLC. (The speaker was duly sworn and indicated in the affirmative.) MS. THOMPSON: I do. Good morning. For the record, Latoya Thompson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning. MS. THOMPSON: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.53 incurred in the prosecution of this case within 30 days of the hearing; Abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the unpermitted alterations done to the dwelling 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 that the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the 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. August 28, 2020 Page 16 MS. CURLEY: I have a question about this one. MS. THOMPSON: Uh-huh. MS. CURLEY: What actually occurred there? MS. THOMPSON: Well, the company, the NF -- NAF, the company, they had had one project manager was doing it before. Had a company. They told the company to stop. They brought in a new GC. The new GC was trying to get the old GC to sign over or whatever they do in permits, sign over that they stop. That was put on hold. Now they finally got another project manager, so now he has to go through the whole thing all over again, to get the old GC to give up so he can bring in the new GC to complete the project. MS. CURLEY: So there was permits pulled originally on the work that was -- MS. THOMPSON: It was and -- however, it got held up because of the old GC not releasing, or they didn't get the paperwork to them on time. MS. CURLEY: All right. Thank you. MS. THOMPSON: You're welcome. CHAIRMAN KAUFMAN: I see that we have a copy of the certificate of the LLC resolution in the package. MS. THOMPSON: Yes. MS. CURLEY: Yeah. I read that. It was just a little vague. So I have a motion to accept the stipulation as written. MR. DOINO: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. She beat you to it, Kathy. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. August 28, 2020 Page 17 CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. THOMPSON: You're welcome. MS. BUCHILLON: Next stipulation under hearings, No. 21, CESD20200002928, Kimberly Champagne. (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: I do. CHAIRMAN KAUFMAN: Good morning. MR. CATHEY: Good morning. CHAIRMAN KAUFMAN: You want to read the stipulation into the record for us? MR. LETOURNEAU: Helen. CHAIRMAN KAUFMAN: Do you want a copy of it? MR. CATHEY: 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: Obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the lanai and carport within 180 days of this hearing, or a fine of $200 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; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the August 28, 2020 Page 18 violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I have one quickie. Did you state your name when you started? MR. CATHEY: I did not; I apologize. For the record, Ryan Cathey, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. MS. CURLEY: I just have a question. Is this a lot of work? Is this going to be enough time? MR. CATHEY: It should be. I talked to the owner, and she was comfortable with 180 days. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. Now we'll hear the motion. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. CATHEY: Thank you. August 28, 2020 Page 19 MS. BUCHILLON: Next stipulation under hearings, No. 14, CESD20190014518, Henock Cherrelus, LLC. CHAIRMAN KAUFMAN: I think Jeff is looking for a copy. (The speaker was duly sworn and indicated in the affirmative.) MR. MUSSE: I do. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: State your name for the record. MR. MUSSE: Investigator Jonathan Musse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay, Jonathan. MR. MUSSE: It is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.21 incurred in the prosecution of this case within 30 days of this hearing; And abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of occupancy for the enclosed lanai within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This is where they closed in a lanai? MR. MUSSE: Correct. August 28, 2020 Page 20 CHAIRMAN KAUFMAN: Okay. So they -- do you know whether they're going to permit that or they're going to remove it? MR. MUSSE: He's going to demolish the lanai and then put two extra bedrooms on there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. CURLEY: This gentleman had his hand up. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Any comments from the Board? (No response.) MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Takes care of the stipulations, I believe. MS. BUCHILLON: Nope. We have two more. CHAIRMAN KAUFMAN: Do we have to modify the agenda? Which two do we have left? MS. BUCHILLON: Twenty-six and 19. August 28, 2020 Page 21 CHAIRMAN KAUFMAN: The 19 you mentioned, okay. Which is first? MS. BUCHILLON: Twenty-six. CHAIRMAN KAUFMAN: That's new math. MS. BUCHILLON: CESD20190009077, Dean G. Chionis and Sherri L. Chionis. MR. TORRES: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speaker was duly sworn and indicated in the affirmative.) MR. TORRES: I do. CHAIRMAN KAUFMAN: And for the record? MR. TORRES: For the record, Investigator Junior Torres, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MR. TORRES: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in this prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier County permits, inspections, demolition permits, and certificate of completion for the enclosed lanai within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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: Do you know whether or not the August 28, 2020 Page 22 respondent is going to permit this, or are they going to demolish it? MR. TORRES: They're going to permit it. It belonged to the father and mother, and the son took over. So he's working on compliance. He's already on the ball for getting the permit and everything situated. CHAIRMAN KAUFMAN: Okay. That's why it's 90 days, okay. Any comments from the Board? MS. ELROD: Motion to accept. MS. CURLEY: Is that enough time? CHAIRMAN KAUFMAN: If it isn't, they'll come back and ask for more time. MR. TORRES: Sounds good. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept, and do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And the last stipulation, No. 19, CESD20190013105, 3806 Exchange Avenue, LLC. MR. TORRES: Good morning, again. CHAIRMAN KAUFMAN: Good morning. You have to tell August 28, 2020 Page 23 us who you are every time -- MR. TORRES: That's fine. CHAIRMAN KAUFMAN: -- you open up a case so it's on the record. MR. TORRES: That's fine. Investigator Junior Torres, Collier County Code Enforcement. CHAIRMAN KAUFMAN: And we have the respondent present? MR. ASHMORE: I'm an agent for the respondent. CHAIRMAN KAUFMAN: Why don't we -- you can read the stipulation into the record, and then you can comment on it. (The speakers were duly sworn and indicated in the affirmative.) MR. TORRES: I do. MR. ASHMORE: I do. CHAIRMAN KAUFMAN: Okay. MR. TORRES: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in this prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all Collier County building permits or demolition permits, inspections, certificate of completion for the unpermitted interior renovations and additional second floor within 120 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of this 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, August 28, 2020 Page 24 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This was a second floor that was added on a structure? MR. TORRES: Yes. CHAIRMAN KAUFMAN: Okay. And you'd like to testify as a witness? MR. ASHMORE: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. ASHMORE: Rod Ashmore, Ashmore Design, here on behalf of the owner, who planned on being here with me today but, unfortunately, fell ill. So this is a buildout that was done back in 1982. So during the process -- he retained our office back in February, and we've been working on obtaining the existing building plans for the structure, and he wholeheartedly wants to move forward to get this in compliance. CHAIRMAN KAUFMAN: So they're going to do it by affidavit. MR. ASHMORE: No. We are going to pull a building permit and, if required, the inspections that are required. We'll perform that as well. CHAIRMAN KAUFMAN: Okay. The original second floor that was added, was it added by the respondents or -- MR. ASHMORE: Yes, it was. CHAIRMAN KAUFMAN: Okay. Then you can't do it by affidavit. MR. ASHMORE: That is correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And that's enough time, 120 days? MR. ASHMORE: We've been working on this for a few months now trying to meet the building officials out there a nd things. August 28, 2020 Page 25 Her current condition, it's just taking a little bit longer than we thought. MS. CURLEY: Good luck. MR. ASHMORE: Yes, thank you. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Junior. We're going to take care of the folks that are here first. MS. BUCHILLON: We're going to do the case with the -- CHAIRMAN KAUFMAN: Baby? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under imposition of fines, No. 17, CESD20160011175, Maria O. Jimenez. (Catia Consuela, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) THE INTERPRETER: I do. (The speakers were duly sworn and indicated in the affirmative.) MR. MUSSE: I do. MS. JIMENEZ: I do. August 28, 2020 Page 26 CHAIRMAN KAUFMAN: Okay. Jonathan. MR. MUSSE: Good morning, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On -- I'm sorry. Description: Unpermitted lanai with slab and trusses that was converted into living space without first obtaining a valid Collier County permit. Past orders: On November 18th, 2016, 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 violations. See the attached order of the Board, OR5338, Page 190, for more information. The violation has not been abated as of August 28th, 2020. Fines have accrued at the rate of $200 per day for a period from March 1st, 2017, to August 28th, 2020, 1,259 days, for a total fine amount of $251,000 and 800 -- $251,800. Fines continue to accrue. Previously assessed operational costs of 64.59 have been paid. Operational costs for today's hearing: $59.35, Total amount: $251,859.35. CHAIRMAN KAUFMAN: Am I looking at the right one? Mine says 21,859, which is what this one says. MS. CURLEY: Jimenez. CHAIRMAN KAUFMAN: What this one says. I probably have the wrong case. MS. CURLEY: You've got the wrong last name. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: It's a case that ends in 11175? CHAIRMAN KAUFMAN: That's correct. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: I have it in my hand now. Thank you, Chloe [sic]. August 28, 2020 Page 27 Okay. Good morning. MS. JIMENEZ: Good morning. CHAIRMAN KAUFMAN: According to what I'm reading and what has been testified to by Jonathan is that the violation has not been abated. THE INTERPRETER: Catia Consuela. CHAIRMAN KAUFMAN: Okay. You're going to be translating? THE INTERPRETER: Yes. THE COURT REPORTER: Your name? MS. JIMENEZ: Maria Jimenez. CHAIRMAN KAUFMAN: Okay. So we have a case here where a violation has not been abated. THE INTERPRETER: First of all, she would like to apologize to the Board. She wants you guys to know that almost everything has been completed at the house. Mr. Mucha went yesterday to the house to see all the progress. Basically, they're just painting and putting the final touches. Demolition was done, and everything is back to normal almost. CHAIRMAN KAUFMAN: Okay. Joe Mucha was out there. MS. JIMENEZ: Yes. CHAIRMAN KAUFMAN: Joe, you may want to join us. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. So, actually, it was the last week I was out there. I met with her husband. And, I mean, everything appears to be almost done. I mean, but the problem is the permit that they submitted has corrections that needs to be fixed before the permit can be issued a nd it could be inspected by the county. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: So they have trouble with the permits August 28, 2020 Page 28 getting approved. It has gone back and forth between the engineers and the architects to the courts, to the county, multiple times, and it hasn't been approved. We actually have the building plan here. She also wants you to know and consider that her father was terminally ill, so she had to go out of the country last year for three -- three times and plus now with the coronavirus and everything that's going on, it has been hard to get people to work on the property. That's why all the delays. CHAIRMAN KAUFMAN: This was a 2016 violation; is that correct, Joe? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. If we're that close, Jeff, is this something that you may want to pull from the agenda and bring back next month? MR. LETOURNEAU: Yeah. When I put these on for imposition, I get a big list of all the cases that are up for imposition, and if it looks to me like they haven't done anything -- and I do this, like, months before this actual hearing occurs, and I do this -- I'll put the cases on that look like people haven't done anything for a long time. Obviously, Joe's testifying here that they have recently done a lot of work on here. So, at this point the county will withdraw this case, and hopefully they'll get it done, and we'll bring it back when they've got it done. CHAIRMAN KAUFMAN: Okay. That's good. MS. CURLEY: Can we -- THE INTERPRETER: She's saying she has pictures that she can show the Board to confirm. CHAIRMAN KAUFMAN: Hold it. What they're going to do is they're going to take the case away. It wasn't heard today. They're going to bring it back next month. Hopefully you'll have August 28, 2020 Page 29 everything done, and then you can ask the Board to modify the fine if possible, and we can take those pictures into consideration if needed. But once it's inspected, we don't need the pictures. THE INTERPRETER: All right. CHAIRMAN KAUFMAN: Okay. So you're pulling it, Jeff? MR. LETOURNEAU: We are. Just please let her know that the fines are continuing to run until this is brought back until you get the permit issued, all the inspections, and the certificate of completion, okay. MS. CURLEY: I mean, I just have a comment on this. I mean, it doesn't seem like the $200 a day infused any sense of urgency for this homeowner to fix this. It's been three-and-a-half years. I mean, corona's been six months. So I don't get the delay. I don't get the, you know, sundry of excuses, and I just feel like 30 days is the maximum that -- I don't even want to table it. I think we should impose the fines and move on. This county's given this person four years. MR. MUSSE: If I may interject. With that our building official, Jonathan Walsh, was supposed to -- at one point in the life of this case was supposed to review the permit. It took him a year. So they were waiting on our building official to review the case so they can continue. So that's why it took a little longer than expected. MS. CURLEY: Well, I see that March 2017 was when, you know, the fines started incurring [sic]. So -- okay, so we take a year off of four years. Let's give them a year to do it. That's two more years. CHAIRMAN KAUFMAN: Well, if the county is going to pull it, our discussion's done. MS. JIMENEZ: Excuse me. THE INTERPRETER: She's saying that when this whole thing started, it wasn't clear whether we could or she could legalize what August 28, 2020 Page 30 had been done by affidavit or if the best option was just to demolish everything. It took them a while to finally find someone, and she's saying that was Jonathan Walsh, that finally instructed them to just demolish everything because the building plans were taking a long time to get approved, and they were going back and forth. CHAIRMAN KAUFMAN: Okay. Let me just say, the county is going to pull it. I take what Sue has said for next month when that comes back here. She's right. This thing has gone on since 2016. Kids that were born in 2016 are this big now, so it's been a while. So hopefully everything will be taken care of by next meeting and we can discuss what we're going to do at that time, okay. Thank you. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes, Patrick. MR. WHITE: Patrick White. I believe you may want to have a motion regarding the acceptance of the county's withdrawal, to amend the agenda. CHAIRMAN KAUFMAN: Okay. We've never done that before, Patrick, but if you'd like, we'll do that. You need a motion from the Board to modify the agenda. MR. DOINO: Make a motion to modify. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. August 28, 2020 Page 31 Thank you, Patrick. MR. WHITE: You're welcome. MS. BUCHILLON: Ready? CHAIRMAN KAUFMAN: Next. MS. BUCHILLON: Next, under public hearings, motion for extension of time. Number 1, CESD20180008044, Paul A. Burcky and Kathleen T. Burcky. MR. RICE: Attorney Roger Rice for the respondent, Mr. and Ms. Burcky. CHAIRMAN KAUFMAN: Okay. Swear everybody in. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. MR. BURKY: I do. CHAIRMAN KAUFMAN: Good morning, everybody. MR. SHORT: Good morning, Mr. Chair. This is a motion for extension of time. I'll let Mr. Rice present. CHAIRMAN KAUFMAN: Okay. MR. RICE: We had hoped -- we came this close. We had hoped that at this hearing today this matter would be closed, and we could talk about the fines. But we have accomplished a lot since the last time Mr. Burcky was in front of the Board. With regard to the first item, the fen ce, in January a certificate of completion was obtained and provided. With regard to the roof, a certificate of completion was submitted, and that was August 3rd. With regard to the treehouse demolition, that was resolved with a certificate of completion on August the 3rd. The irrigation system was resolved back in July of 2019 by a certificate of completion. The only matter still outstanding is the pole barn. The pole barn's permit has just recently been reactivated. We've been in discussions with the county Building Department. We expect to August 28, 2020 Page 32 have a certificate of completion next week. So we are asking for an extension to your next board meeting. CHAIRMAN KAUFMAN: Okay. This is a case that goes back to 2018. So it's been a while. How come there's been such a -- it's, like, a two-year delay for the pole barn. MR. RICE: The pole barn was completed a long time ago. It's the process of getting the certificate that has taken so long. We have finally reached an agreement with the Building Department and, as I said, it looks like it will be done next week. CHAIRMAN KAUFMAN: Okay. Well -- MR. RICE: I mean -- CHAIRMAN KAUFMAN: -- we're not going to discuss the case. You're just requesting an extension of time. MR. RICE: Right. And as far as the detail and mitigating factors, we'll be glad to present that -- CHAIRMAN KAUFMAN: At that time. MR. RICE: -- at the next hearing, yes. CHAIRMAN KAUFMAN: Okay. Well, the respondent is asking for an extension of time. Does anybody from the Board have any comments, would like to make a motion? MS. CURLEY: Is this on -- is this on the water? Is this a canal home? MR. RICE: No. MS. CURLEY: And you've submitted a survey to the county with the pole barn? MR. RICE: Yes. MS. CURLEY: What does the county think? MR. SHORT: The county has no objection to the extension of time. I will say, since Mr. Rice's involvement in this case, we have seen rapid progress. We're talking about some flood vents that have got to be put in for the pole barn structure. Once that's done, the August 28, 2020 Page 33 look on my face will be a sigh of relief that this case is over, so... CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to accept the request for extension of time -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: -- till the next meeting. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. See you next month. MS. CURLEY: Is the next meeting 30 days from now? MR. SHORT: I believe it's September 24th. MS. BUCHILLON: Yes, September 24th. MS. CURLEY: Do you need 30 days? MR. RICE: September 24th is fine. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Thank you. MR. RICE: Thank you. MS. BUCHILLON: Next case under hearings, No. 3, CEA202 -- CHAIRMAN KAUFMAN: Wasn't there a second case under August 28, 2020 Page 34 the extension of time? MS. BUCHILLON: I'm sorry. Motion of extension of time, No. 2, CELU20190003912, Tara Aqua, LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. For the record, Supervisor Eric Short. I've talked to their design professional. They've requested this hearing for more time, Randy Johns. Unfortunately, they're not here today to save the -- I guess, to make it more efficient, the county will withdraw this case to prevent any orders from having to be ordered today. CHAIRMAN KAUFMAN: Okay. My question would be, is this just storing vehicles on the property? MR. SHORT: No. This is a parking lot for the Oakes Farms Market at the corner of Brookside and Davis Boulevard. CHAIRMAN KAUFMAN: Oh, okay. Okay. So the county's withdrawing this? MR. SHORT: Yes. CHAIRMAN KAUFMAN: Okay. We need a motion to adjust the agenda to reflect that. MS. CURLEY: Why? CHAIRMAN KAUFMAN: Why? MS. CURLEY: Just because they're not here? CHAIRMAN KAUFMAN: Because they're withdrawing it, and that was our advice from Patrick White. Patrick, do you agree? MS. CURLEY: I missed that part. MR. WHITE: I do, Mr. Chair. It's more a procedural technicality. But you do it for all of the other items on your agenda at the beginning of the meeting, and when it takes place during the meeting itself, I believe it's the preferred practice. August 28, 2020 Page 35 CHAIRMAN KAUFMAN: Okay. MR. DOINO: Make a motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the agenda under hearings, No. 3, CEA20200000431, Abdallah Masoud Mustafa. (The speakers were duly sworn and indicated in the affirmative.) MS. GUY: I do. MR. MASOUD: I do. CHAIRMAN KAUFMAN: Could you identify yourself on the mic. MR. MASOUD: Mustafa Masoud. CHAIRMAN KAUFMAN: Okay. MS. GUY: Good morning. For the record, Paula Guy, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MS. GUY: Good morning. This is in reference to Case No. CEA20200000431. This is dealing with a violation of the county Code of Laws and Ordinances for the standards for keeping animals, Collier County Land Development Code 04-41, as amended, 4.02.07. Fourteen hooved livestock on an improved Estates zoned property that is 1.14-acre with an allowable amount of two hooved August 28, 2020 Page 36 animals in animal enclosures with animals occupied within less than 75 feet from the main residence. The location is 1270 13th Street Southwest, Naples, Florida, 34117. Folio 45846280007. Service was given on January 15th, 2020. I would now like to present the case evidence with the following exhibits: I have photographs taken by myself on January 15th, 2020, and August 27th, 2020. CHAIRMAN KAUFMAN: How many photos? MS. GUY: There is approximately -- I think there's about eight. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MS. GUY: Yes. The respondent today here is the owner's son. They have the same name. CHAIRMAN KAUFMAN: Okay. Let me ask, have you seen the photos? MR. MASOUD: Yes, I have. Yes, I have. CHAIRMAN KAUFMAN: Do you have any objection to those photos being shown? MR. MASOUD: No. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the photos? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. August 28, 2020 Page 37 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: And do we know that the owner has given permission to his son to represent him here today? MR. MASOUD: Yes, he has. MS. GUY: I've had no communication with him since July, but his son showed up this morning and said that his father requested that he come on his behalf. CHAIRMAN KAUFMAN: Okay. As long as he acknowledged that on the -- after being sworn in, we can accept that. MS. GUY: Okay. CHAIRMAN KAUFMAN: The dimensions of this property are, what, 660 by 75? MS. GUY: Yeah. It's a small Band-Aid lot, yes, sir. CHAIRMAN KAUFMAN: Okay. Got it. MS. GUY: Okay. So in the photos you can see it's a very slim lot. The first day that I was out there, I observed 14 that I could see from the adjacent parcel on the north side. CHAIRMAN KAUFMAN: Fourteen? MS. GUY: Hooved animals. MS. CURLEY: Are they goats? MS. GUY: They're an assortment. Yeah, goats, and the livestock seems to change. So January 14th, 2020, I received a citizen complaint for too many animals on the property. And there's two previous cases regarding complaints at this location within the last 12 months. In December of 2019 and in August of 2019 violations were issued for both of these cases. Upon issuance of the violation in December of 2019, I advised the owner that if another complaint was to be received, that the case August 28, 2020 Page 38 will be scheduled for hearing, even if the case has been abated. On January 14th, the on-site visit I observed from the adjacent parcel, which is located on the north side, which has an elevated ground area to provide access to view the violation in place. I observed 14-plus hooved livestock on the improved estates zoned parcel. I observed the structures on the rear of the parcel being used for animal shelters and enclosures. On January 15th, the violation was issued and posted to the owner's property. There was a reinspection on February 19th, 2020. Observations of animals' enclosures were still in place. July 15th, 2020, was the last communication with the owner in regards to our request for a continuance for the scheduled hearing that was in July of 2020. At that time the owner advised he's in the process of selling the animals to remove from the property. No response from attempts of further communication to the owner from myself as of today's date. August 25th I received a message from the complainant that the animals are being moved to a rear vacant parcel behind the owner's home. The last on-site visit on August 27th, the violation of the excess animals and enclosures remain in place. I observed a new gate that was erected on the south fence line to the adjacent improved parcel, which is a 2.73 acres, and the gate is open and providing open access for the animals to move back and forth. I observed a round bale and two goats on the parcel. This morning I was advised by the owner's son that at 8:45 a.m. the violations have been corrected. CHAIRMAN KAUFMAN: Okay. Your turn to testify. MR. MASOUD: Yesterday at 6:00 p.m. we got rid of -- we sold all the animals, and now we only have a horse and a goat. CHAIRMAN KAUFMAN: Okay. Are these structures that August 28, 2020 Page 39 are on the rear of the property permitted? MS. GUY: No, they're not. CHAIRMAN KAUFMAN: Are they supposed to be permitted? MS. GUY: Yes, they are. MR. MASOUD: We also got rid of the chicken coop two days ago. CHAIRMAN KAUFMAN: Okay. Chicken coop? MR. MASOUD: Yes, and then the carports are used for storage. MS. GUY: You can see on the photo that's up right now regarding the enclosures, the two on the outside of the parcel are basically carport storage. The two in the middle are animal enclosures. The one that's on the left side that, actually, on my inspection on -- from the previous case was actually moved to be in compliance. It's a temporary pen, but it was moved to meet the requirements of the 75 feet within the main resident structure, and now it's been placed in the back again. So those two structures that are in the middle are animal enclosures. CHAIRMAN KAUFMAN: And they're not -- they require permits? MS. GUY: Yeah, unless they're temporary status. But they're right on the back of the fence line, and it's within very close proximity to the main residence next door. So they're not in compliance with that. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I just have a logistical question. So we saw this pen that's fenced off, then a home with some lawn to the left of it. Is the homeowner's home with these animals, or are they living in a different location than the property? MS. GUY: So that picture right there that's up now, that's a August 28, 2020 Page 40 picture so you can see how the elevation of the home -- that's the adjacent parcel on the north side, and that home sits at the very rear of the parcel. The animal pens at Mustafa's is right within 30 feet. MS. CURLEY: And the Mustafas do not live in this home that we're looking at here. MS. GUY: No, ma'am. That's the adjacent parcel. I've included that photo so you could see how the elevation of that home and the location of where the home is, how close it is to where the animals are being housed and where they reside. And then it -- you can have a view over a fence because the elevation ground level is so high. MS. CURLEY: And I also noticed on one of the pictures that was a little more close up that there's some standing water. And how does that suit some permitting for even the two an imals. Can you have that standing water with -- MS. GUY: That would be a DAS concern with the animals in place and with the structures. It's -- you know, there's nothing that I have an ordinance with the standing water, and I don't have a complaint on it. But you can see the adjacent -- the home. This is the complainant's home. That would be on the north side. CHAIRMAN KAUFMAN: Yeah. Make that a little bigger, please. MS. GUY: So this is where the issue in lies, that all these animals -- and, of course, with all the excessive rains and because the animals are being housed back there, it's pretty much ceased with any type of ground cover. It's just turning into muck. MS. CURLEY: Who owns the parcel that they have extended the access to the animals? Is it -- MS. GUY: That's another citizen, and that owner -- I just found that yesterday that the gate access -- what they did was they cut out August 28, 2020 Page 41 the chain link and just put up two swing farm gates, and that is owned by another citizen. MS. CURLEY: So does that citizen realize they're going to be violating the animal code? MS. GUY: I was not able to reach that individual, and that's -- that physical address is 1280 13th, and it's Christopher Jukins (phonetic). CHAIRMAN KAUFMAN: Let me ask you a question. The back of the property where the gate is that opens to the other property, is the other property fenced? MS. GUY: Yes, it is. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Someone else's land. MS. GUY: That's correct. MS. CURLEY: They're aiding and abetting and helping someone violate the current rules that they're violating. None of it is very nice. MR. LETOURNEAU: In addition, is that a unimproved lot, Paula? MS. GUY: No. It's an improved parcel. MR. LETOURNEAU: Okay. MS. GUY: But it's still -- because they don't own the animals and the animals aren't even being kept on there. The gates are open for them to free roam to come in and out. MR. LETOURNEAU: Right, okay. CHAIRMAN KAUFMAN: So, in summary, we're down to two animals. MS. GUY: No. When all my -- my visit yesterday morning, my last inspection, I observed a horse, three goats, two cows from my obstructed view -- not obstructed view, but from my view from the adjacent parcel. August 28, 2020 Page 42 CHAIRMAN KAUFMAN: Okay. Now, let me ask the respondent. Is that correct? MR. MASOUD: As of yesterday morning, yes, but as of today morning there's only a horse and a goat. CHAIRMAN KAUFMAN: Do you realize this was a prior case? MR. MASOUD: Yes. CHAIRMAN KAUFMAN: Okay. So the first thing that we have to decide, whether a violation exists or not, and then we can go from there. MS. CURLEY: I make a motion a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So a violation does exist. Let me ask if you have a suggestion for us. MS. GUY: Well, I have a recommendation -- CHAIRMAN KAUFMAN: Yep. MS. GUY: -- to read in. So the recommendation from the county is that the Code Enforcement Board orders the respondent to pay all operational costs August 28, 2020 Page 43 in the amount of 59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: One, must comply with the zoning restrictions for keeping of horses and livestock on the Estates zoned property and remove all such animals in excess of the allowed amount, not to exceed two, on the said property within blank days of this hearing, or a fine of blank per day will be imposed for each day the violation remains. Number 2, that the animal enclosures must be located to meet the required setback restrictions per the Land Development Code, and all applicable permits must be obtained and/or certificate of completion and occupancy within blank days of this hearing, or a fine of blank per day will be imposed for each day the violation remains. And the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation by using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and costs of all abatements shall be assessed to the property owner. CHAIRMAN KAUFMAN: You're not using -- you haven't mention in there that this is a second violation? MS. GUY: He was issued a -- this would be the second violation. This is a -- I want to make sure we get a fact finding [sic] today so that if it occurs again, then we would proceed. CHAIRMAN KAUFMAN: The second violation, I mean, a set fee could be imposed. MR. LETOURNEAU: That's only for a repeat violation. This is a recurring violation. We haven't been to a hearing yet. This is the first time we've been to a hearing. MS. GUY: Correct. August 28, 2020 Page 44 CHAIRMAN KAUFMAN: Okay. So would any -- MS. CURLEY: I have a question when you're -- CHAIRMAN KAUFMAN: Sure. MS. CURLEY: So I just have a question for the son. Are these pets, or are they livestock? MR. MASOUD: Pets. MS. CURLEY: And so where did they go? Where did you move them to? MR. MASOUD: We sold them. MS. CURLEY: And then is this your dad's job? Is he, like, a goat farmer? MR. MASOUD: No, they're just pets. I have younger siblings, and they love our animals -- MS. CURLEY: I'm sorry? MR. MASOUD: -- or used to before we had to sell them. MS. CURLEY: I didn't hear. MR. MASOUD: I have younger siblings, and they love playing with the animals. MS. CURLEY: I see. Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Anybody like to try filling in the blanks? MS. CURLEY: Oh, I will. CHAIRMAN KAUFMAN: Okay. 59.28 paid within 30 days, right? MS. CURLEY: Uh-huh. And for Item No. 1 I'll say one day or $200 fine and, Item No. 2, I'll say seven days or $200 fine, if that's okay with my Board. MR. DOINO: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any questions or concerns from the Board? Yes, Kathy. August 28, 2020 Page 45 MS. ELROD: Are they going to be able to get out in 24 hours and check that? CHAIRMAN KAUFMAN: Who, Code Enforcement? MS. ELROD: Yes, giving them one day and $200. MR. LETOURNEAU: That's a good question. We probably won't be able to make it till Monday. MS. GUY: One business day, so we would get out there on Monday. MR. LETOURNEAU: Then we need to specify business or otherwise. CHAIRMAN KAUFMAN: Okay. Your motion stands. MS. CURLEY: Well, they can still do what we ask them to do without having us to baby-sit them. CHAIRMAN KAUFMAN: Do you want to stay with your motion? MS. CURLEY: No, I like it just the way it is. CHAIRMAN KAUFMAN: I said, do you want to stay with your motion? MS. CURLEY: Yes, sir. CHAIRMAN KAUFMAN: That's what the motion is, and it's been seconded. Any other comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Me. CHAIRMAN KAUFMAN: Okay. So if you have it all done already, that's -- that's one -- you've done 80, 90 percent of what August 28, 2020 Page 46 needs to be done. The only thing I think that's left over is the placement of the storage or whatever you want to call it in the back. So they'll be out there Monday to see if everything is okay, or we can go from there. If you're in compliance, you're in compliance. If you're not, you know what the fines are. You'll get a copy of the order sent to you. Do you have any questions? MR. MASOUD: I do not. Thank you. CHAIRMAN KAUFMAN: Okay, thank you. MR. MASOUD: Have a good one, Your Honor. MS. GUY: Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 12, CEAU20200000544, Maria G. Rivera. (Marco Hernandez, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) TNE INTERPRETER: I do. (The speakers were duly sworn and indicated in the affirmative.) MR. MUSSE: I do. MS. RIVERA: I do. CHAIRMAN KAUFMAN: Has everybody been sworn? THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: Could you state your names on the microphone for us. THE INTERPRETER: Marco Hernandez. CHAIRMAN KAUFMAN: Okay. And? MS. RIVERA: Maria Rivera. CHAIRMAN KAUFMAN: You can move the microphone down. Looks like you're not the same height. MS. RIVERA: Maria Rivera. CHAIRMAN KAUFMAN: Okay. Jonathan? MR. MUSSE: Good morning. For the record, Investigator August 28, 2020 Page 47 Jonathan Musse, Collier County Code Enforcement. This is in reference to Case No. CEAU20200000544 in dealing with the violations of Florida Building Code Sixth Edition 2017, Chapter 1, Part 2, Section 105.1, Permit No. PRBD20141029928, for a fence, two block concrete, and a metal 6-foot is voided. Certificate of completion was not issued. Located at 14597 Apalachee Street, Naples, Florida, 34114; Folio No. 25967800483. Service was given on January 21st, 2020. At this time I would like to present the case evidence in the following exhibits: Screenshot of Permit No. PRBD20141029928, and a photo I took on March 4th, 2020. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MUSSE: She has not. Let me show her. CHAIRMAN KAUFMAN: Why don't you show it to her. Do you have any objection to those pictures being shown? THE INTERPRETER: No. CHAIRMAN KAUFMAN: Okay. Take a motion from the Board to accept the photos. MR. DOINO: Motion to accept. MS. ELROD: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? August 28, 2020 Page 48 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Let's see. An initial inspection was conducted on January 14th, 2020, where Investigator Cathey observed the fence in question. Research shows that the owner applied for the concrete and metal fence permit. The permit was later -- the permit later expired on January 27th, 2015, and later was voided on July 25th, 2016. Met with the daughter of the property owner, Paulina Hernandez, and informed her of the violation. At the time I personally issued the notice of violation to Mrs. Hernandez. Conducted an inspection on March 4th and spoke to the relative of the property owner, Ms. Hernandez -- or Ramirez. She supplied me with the contact information of the husband of the property owner. Spoke to a gentleman who informed me he was awaiting approval from Habitat for Humanity in order to reapply for the permit. Made numerous inspections, and no -- and noticed no change in the permit status. At that time I prepared the case for hearing. On August 21st, the property owner applied for Permit No. PRBD20200834800 for the concrete and metal fence. Current status of the permit is incomplete application due to the fact that the owner has not submitted an approval letter from the HOA, Charlee Estates, approving the encroachment of the proposed fence. CHAIRMAN KAUFMAN: Okay. Can you put that picture back up, please. MR. LETOURNEAU: Sure. CHAIRMAN KAUFMAN: Now, Jonathan, you said concrete and metal. Where is the metal? MR. MUSSE: Metal is -- they never actually completed the fence in the first place. That's as far as they'd gotten back in 2014. August 28, 2020 Page 49 CHAIRMAN KAUFMAN: Do you know whether it's on the property line, back from the property line? MR. MUSSE: It's on the rear property line. CHAIRMAN KAUFMAN: That's the rear of the structure. MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Is this a Band-Aid lot, 75 feet by -- MR. MUSSE: No. It's a Habitat for Humanity community. Very small lot. CHAIRMAN KAUFMAN: Okay. So it's now your turn to testify. THE INTERPRETER: So my mom, about a week ago, she applied for another permit in order to finish construction of the concrete/metal fence. She said that she's currently waiting for approval. CHAIRMAN KAUFMAN: Okay. What we need to do -- right now, the way things stand, is we have to decide whether a violation exists or not, okay. So what's going to happen in the future is -- doesn't respond to the question that has been brought up in the violation. Any comments from the Board? MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion and a second -- MS. BOWMAN: Second. CHAIRMAN KAUFMAN: -- that a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. August 28, 2020 Page 50 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So now, what has to be done: We're going to get a recommendation from the county on what needs to be done, and the time frames will be filled in by the Board. And if you meet those time frames, everything's fine. If you don't, there will be fines that will add up, accrue. So that's the point that we're at right now. Jonathan, do you want to give us your recommendation? MR. MUSSE: The county recommends that the Code Enforcement Board orders the respondent to pay operational costs in the amount of $29 -- I'm sorry -- $59.21 incurred in the prosecution of this cases within 30 days, and abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion for the concrete and metal fence within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation's abated. The respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to fill in the blanks? MR. BLANCO: Mr. Chairman, I have a question for the county. Has the county been able to verify whether the respondent submitted an application for the permits? MR. MUSSE: I talked to the property owner yesterday, and she August 28, 2020 Page 51 said she's going to have it done within the next seven to 10 days. MR. BLANCO: Okay. I thought she just mentioned that she did this morning. THE INTERPRETER: No. It was, like, last week where my mom had to go renew -- renew the permit for the fence. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Actually, it doesn't matter. A violation exists. We're going to answer this case, and then if everything is done properly, it's gone. If it's not, it will be back before us. So when it was done shouldn't really come into our consideration. So, again, anybody like to fill in the blanks? MR. DOINO: I will. Thirty days and $100 a day. CHAIRMAN KAUFMAN: Okay. 59.21 to be paid within 30 days. That's the -- MR. DOINO: Yeah, 59.21 in 30. CHAIRMAN KAUFMAN: Okay. So we have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: Do we have a second? We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 30 days to get the permit done, and that includes the inspections, and after 30 days, there's going to be $100-a-day fine. The court costs of 59.21 should be paid within 30 days, okay? August 28, 2020 Page 52 THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. Thank you very much. THE INTERPRETER: Thank you. CHAIRMAN KAUFMAN: Have a good weekend. Thanks, Jonathan. Now, Terri, I know. We're going to give you three extra minutes. We're going to take a break. We'll be back here at, you tell me, Terri. THE COURT REPORTER: 10:40. CHAIRMAN KAUFMAN: Okay. 10:40. (A brief recess was had from 10:26 a.m. to 10:40 a.m.) CHAIRMAN KAUFMAN: Okay, Helen. We're ready. MS. BUCHILLON: I'm back. CHAIRMAN KAUFMAN: Next case. MS. BUCHILLON: Next item on the agenda under hearings, No. 13, CESD20200001254, Jean Fortin. (The speakers were duly sworn and indicated in the affirmative.) MR. FORTIN: Nothing but the truth. Can I take the mask off my face? CHAIRMAN KAUFMAN: As long as you don't go near anybody, you're fine. MS. THOMPSON: I do. CHAIRMAN KAUFMAN: You could take it down when you speak; no problem. I think we're more than six feet apart. MS. THOMPSON: Good morning. CHAIRMAN KAUFMAN: Okay. Everybody sworn in? THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: Okay. MS. THOMPSON: Good morning. For the record, Investigator Latoya Thompson, Collier County Code Enforcement. This is in reference to Case No. CESD202000001254 regarding August 28, 2020 Page 53 violations of the Collier County Land Development Code 200-41 [sic], as amended, Section 2.02.3, and Section 10.02.06(B)(1)(a), for unpermitted accessory shed-type structure being utilized for living/housekeeping purposes on a residentially zoned lot with no approved principal use. Located at 2941 Terrace Avenue, Naples, Florida, 33 -- 34104; Folio No. 702100005. Service was given on February 5th, 2020. I would now like to present case evidence in the following exhibits: Three photos taken on February 4th, 2020, by Area Supervisor Eric Short. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MS. THOMPSON: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. FORTIN: No, Your Honor. I mean, first, good morning, Court. CHAIRMAN KAUFMAN: Good morning. MR. FORTIN: My name is Jean Fortin. I live on Terrace Avenue. CHAIRMAN KAUFMAN: Okay. We're going to get to you in a second. I just want to know if you've seen the pictures. MR. FORTIN: Yes, I do. CHAIRMAN KAUFMAN: And no problem? MR. FORTIN: Yes, I do. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept? What? MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: Gotcha. August 28, 2020 Page 54 MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a date this afternoon or something? MS. ELROD: Not at all, sir. CHAIRMAN KAUFMAN: Okay. Why don't you describe the pictures as you put them up. MS. THOMPSON: Okay. On February 4th, 2020, Code Enforcement received a complaint that there was a shed -- accessory shed-type structure on an unimproved parcel with no principal use. A site visit was conducted by Area Supervisor Eric Short and the Code Enforcement Director Mike Ossorio. While on site, they both observed a wood frame shed-type structure that appeared to be used as living space. On February 5th, 2020, I served the property owner, Jean Fortin, a notice of violation for a prohibited land use and permitting violation for the wood-framed shed. On August 20th, 2020, Supervisor Eric Short conducted a night visit and observed that the shed continues to be used for living purposes and noted candlelight illumining [sic] from the structure. To date, the violation remains. CHAIRMAN KAUFMAN: Okay. You have more pictures to show? MS. THOMPSON: Just show us three. August 28, 2020 Page 55 CHAIRMAN KAUFMAN: Okay. Go back to the previous one, please. So there's one window in that building. That building is not permitted? MS. THOMPSON: It's not permitted. It's on an unimproved lot next to his own -- CHAIRMAN KAUFMAN: Yeah. You couldn't permit it is what you're saying? MS. THOMPSON: Yeah, yeah, okay. CHAIRMAN KAUFMAN: Okay. Sir. MR. FORTIN: Yes, sir. Again, my name is Jean B. Fortin. I live at 2941 Terrace Avenue. For that right there, they call it a shed, but this is a construction office. And before I build this, I went to -- I have a friend of mine, he said, before you do anything, go to the county. And I went to the county. I talked with Mr. Robert Mar (phonetic). He said, okay. It's part of your permit. You can build that if it's part of your permit. He give me his card. He said, if anything -- anybody comes talk to you about it, give him my -- give that person my number and then have them call me. Okay. True enough. Maybe three months later, there's a lady called me, and I don't know if it was her; probably. She called me. I said, ma'am, I'm working right now because I'm working for somebody. I say, I have a number that you can call because this person tell me the -- if anybody come to the property, ask you anything about this, just give them the number or call me. So I give her the numbers. I guess she called him. I never heard nothing from her again. So maybe three months after I talked to her, and then I see, a person, they come to the yard again and tell me about the shed, okay, that -- my construction office. So -- and I already tear my house down, Your Honor. I have August 28, 2020 Page 56 nowhere to go. No place to crash. I have my -- me and my -- it's just me and my wife. I have nowhere to go because the house is teared down. They knew exactly what I was going to do. I said, okay. Since, I take all my stuff in, you know, all my tools, my joint rider saw, everything. I put them there. So I said, I might as well crash there too, because I have nowhere to go until I finish building my house, whatever they want me to do. So I do whatever they want me to do. If they want me to tear it down, I'm pleased to tear it down. And then what I do -- again, I went to the county. I said, give me a temporary, a permit. You know, give me a temporary permit to re -- to stay there until I finish the house. Okay. CHAIRMAN KAUFMAN: Okay. Do you have water there? MR. FORTIN: The picture? CHAIRMAN KAUFMAN: Yeah. In that building, is there water in there? MR. FORTIN: No, sir. No water's in there. CHAIRMAN KAUFMAN: No water? MR. FORTIN: No water. CHAIRMAN KAUFMAN: No bathroom? MR. FORTIN: No bathroom. CHAIRMAN KAUFMAN: That in itself, even if that was permitted, is illegal. MR. FORTIN: Okay. So -- CHAIRMAN KAUFMAN: Okay. Just so you know, you have to have electricity. Do you have electricity? MR. FORTIN: What I use -- I was -- I was using -- I have a T pole. I have a T pole in the yard so -- it's so hot in there. I use extension cord to -- I have -- because I have a window air condition. I plug in my air condition, and then I have another plug to plug my August 28, 2020 Page 57 telephone, my wife telephone, and then I have a light, and that's it. CHAIRMAN KAUFMAN: Okay. You understand -- or do you understand that that's not permitted based on the laws -- MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: -- and ordinances of Collier County? MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: It's not permitted -- MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: -- for living space, and you're living there. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: So that's a problem that we have to determine, whether a violation exists or not, and then after we determine whether it is or isn't, we will talk after that. So having said that, does anybody want to take a shot at whether -- MS. CURLEY: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. BOWMAN: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: Take your choice. And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. August 28, 2020 Page 58 Okay. So it's in violation. I'm going to ask Latoya what her recommendation is to resolve the problem. MS. THOMPSON: Yes. CHAIRMAN KAUFMAN: Okay. Latoya. MS. THOMPSON: 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, must cease the unauthorized use of the accessory shed-type structure and obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within blank days of this hearing or a fine of blank per day will be imposed until the violation is abated; Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order t o 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 provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This has nothing to do with the case, but just -- are you building a house there? MR. FORTIN: Yes, sir, I build a house. CHAIRMAN KAUFMAN: Do you have a building permit on the house you're building? MR. FORTIN: Absolutely, sir. CHAIRMAN KAUFMAN: Okay. Just asking. MR. LETOURNEAU: Right here. If you can see on the picture, this is the house that he's working on right here. CHAIRMAN KAUFMAN: Okay. So you're how far away from getting that house built? August 28, 2020 Page 59 MR. FORTIN: Well, I need -- I ask the Court to give me 180 days to tear me [sic] the house because I was -- have a hold on a house that would stop me from working on the house, so -- but now, you know, everything is moving smooth. What I'm doing right now, I'm sheeting -- you know, put the sheet over the roof right now. So I think, like, 180 days I should be able to get everything done like it supposed to. CHAIRMAN KAUFMAN: Okay. The problem is where you're living right now is the violation. So according to what Latoya has put before us, you need to find another place to, as you put it, crash until you finish your house, get it inspected, and move into it. MR. LETOURNEAU: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: I'm sorry. I'd like to point out also that these are two separate properties. The structure in violation is on a separate property than the actual house he's building. So at this point it couldn't even be permitted as a shed for that house because they're on two different properties. CHAIRMAN KAUFMAN: Who owns the second property? MR. FORTIN: I do, Your Honor. CHAIRMAN KAUFMAN: Okay. You understand, two properties, you're building a house here. MR. FORTIN: Yes. CHAIRMAN KAUFMAN: The shed is over here. MR. FORTIN: Yes. CHAIRMAN KAUFMAN: You can't live in the shed. MS. BOWMAN: Unless there's water and plumbing. CHAIRMAN KAUFMAN: Yes. Well, not only that, but you can't build that where he has it. MR. LETOURNEAU: You can't live in that structure unless you had a permit, inspections, and a certificate of completion that August 28, 2020 Page 60 allow you to live in the house. CHAIRMAN KAUFMAN: Just like building a house. MS. CURLEY: So maybe -- can the county aid him in helping him know what the right construction trailer would be, you know, just for the future, you know, because since -- it sounds like he misinterpreted some instruction from the county initially. Because I don't see how that would have ever been something somebody from the county would have recommended he erect. MR. LETOURNEAU: I believe you are right. I think that -- I'm not sure who he was referencing from the county earlier. I have to believe there was some form of miscommunication between an office trailer and what this has turned into, a house at this point. So, yes, we would gladly help this gentleman out; however, that's not going to help him out because he couldn't live in the construction trailer either. CHAIRMAN KAUFMAN: Right. MS. CURLEY: No, understood, but that can't be there whether somebody's living in it or not. MR. LETOURNEAU: Right. MS. CURLEY: It needs to go away. CHAIRMAN KAUFMAN: That's correct. MS. ELROD: Question. CHAIRMAN KAUFMAN: So do you have another place that you can crash? MR. FORTIN: No, sir. CHAIRMAN KAUFMAN: Well, I think you're probably going to need to find one. I think that's the only resolution that we can come up with. You can store your tools, I guess, temporarily there. MS. CURLEY: Is this Rock Creek? Is this the RV park, or is this behind the airport? MS. THOMPSON: This is Terrace Avenue. August 28, 2020 Page 61 MR. FORTIN: This is Terrace avenue, 23 -- 2349 -- 2341 Terrace Avenue. This is a -- this is same property. I consider it the same property, so that's what I build it to another property, not the same property the house is, you know, because it's considered -- you know, they are both mine, so... MS. CURLEY: Again, with some legal aid, he might be able to join those properties and make them one folio number, but they're two separate lots as far as the county sees it. So, you know, it's just -- you do own them both, but unless you strap them together as one piece, it's going to be confusing for you. MR. FORTIN: Yes. But another question I would ask, can the judge give me a temporary permit? I can pull a temporary permit for 180 days. I have to have somewhere to sleep, right? CHAIRMAN KAUFMAN: I understand that, but nobody's going to give you a permit for any length of time to stay there. Am I correct, Jeff? MR. LETOURNEAU: That is correct, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: As board members, we're not allowed to violate the law, and so we can't -- we would love to offer you that option, but we aren't allowed to violate the law. CHAIRMAN KAUFMAN: But as Sue had mentioned, the county is willing to work to help you find someplace that you can crash -- MR. FORTIN: Yes. CHAIRMAN KAUFMAN: -- during the time that you're building the house. MR. LETOURNEAU: I said -- I'd like to clarify that. I can't really help him find a domicile. I can help him to facilitate getting a construction type of office for that, but -- CHAIRMAN KAUFMAN: Okay. August 28, 2020 Page 62 MS. CURLEY: What I was also thinking is not knowing -- I thought if it was at the Rock Creek mobile park there, then maybe he could get a temporary -- like, an RV or something like that that he could really live in -- CHAIRMAN KAUFMAN: That's otherwise, really, the scope of -- MS. CURLEY: So I don't know. But I'm just trying to offer this man some relief and some aid in thinking around his problem right now. CHAIRMAN KAUFMAN: Okay. Anybody like to try to fill in the blanks on this case? MS. CURLEY: Can we see it on the screen again, Helen? MR. LETOURNEAU: What do you want to see again? MS. CURLEY: The stipulation. MR. LETOURNEAU: The recommendation. CHAIRMAN KAUFMAN: Recommendation. There are two blanks. MS. CURLEY: I mean -- CHAIRMAN KAUFMAN: You have to -- the one -- I'll try to help out on this one. The $59.21 should be paid within 30 days of this hearing. The amount of time on this -- and this is being, I think, very generous -- 30 days, and $100 fine after that. So that's my motion. MS. CURLEY: I just have a comment about the fire issue. Using candles and living somewhere that's not -- I think that's just a little bit of liability for this board to give him 30 days. CHAIRMAN KAUFMAN: Okay. Do you want to make a recommendation to modify the 30 days? My motion has not been seconded yet. MS. CURLEY: That's just up for comment if the Board -- MS. ELROD: Second. August 28, 2020 Page 63 MS. CURLEY: -- wanted to talk about. CHAIRMAN KAUFMAN: Kathy. MS. ELROD: I'll second your motion. CHAIRMAN KAUFMAN: Okay. So I have a motion there. Eric, do you want to say something? (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. Mr. Chairman, for the record, Supervisor Eric Short, Collier County Code Enforcement. As I look at this recommendation -- and I heard some comments amongst the Board -- I would recommend a two-part order. One for the vacation or ceasing the use for housekeeping, and then let's break that up into a permitting, within how many days get a permit. CHAIRMAN KAUFMAN: For the structure, which can't be permitted, not as it stands. MR. SHORT: A demolition permit. MS. CURLEY: I think that's a good idea, because then that can give him time. He's got to get a permit to demo that. CHAIRMAN KAUFMAN: Okay. I have no -- we have a motion that's been seconded. I'm all for discussion on it. Do you want to change the amount of days? MS. CURLEY: I think the recommendation to make it into a two-part is a good idea. CHAIRMAN KAUFMAN: Okay. Well, let's take the first part. How long till he needs to vacate the property from living? MS. CURLEY: Is two too short? It's -- we -- how long has this been -- how long has this been in discovery? How long has he been living here in this? CHAIRMAN KAUFMAN: Well, since February to begin with. MS. THOMPSON: February 4th. That's when -- MS. CURLEY: So this is a real danger to him. August 28, 2020 Page 64 CHAIRMAN KAUFMAN: I understand that. So you'd like to -- we'll make it a two-part. One is vacate the property. MS. CURLEY: And then 45 days to demo, though, to get a permit to have it demoed. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I mean, that's just a suggestion if the Board wants to -- CHAIRMAN KAUFMAN: I will modify my motion to add [sic] that to 14 days to vacate the property living quarters and 45 days to get a demo -- either demo or it comes into compliance with all of the building permits, et cetera. MR. LETOURNEAU: Because, theoretically, the way that thing sits right now, the only way he could actually get a permit for that would be to deed the two properties together and get some shed-type of a permit with that. CHAIRMAN KAUFMAN: I understand. So are we clear on my motion? MS. CURLEY: Yep. I second that. CHAIRMAN KAUFMAN: Okay. The second seconds the motion that we've modified. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sir? MS. THOMPSON: Mr. Chairman, what was the fine? The fine for -- August 28, 2020 Page 65 CHAIRMAN KAUFMAN: The fine remains at the $100 a day. MS. ELROD: (Indicating thumbs up.) CHAIRMAN KAUFMAN: You are going to have to find another place to live. You can't live there. I guess that's going to motivate you to finish the house as quickly as possible. MR. FORTIN: That's going -- I mean, I'm motivated right now to get my house done. It's just -- absolutely. It's not -- no problem, but the money that you're telling me that, I got 30 days to pay that, but -- CHAIRMAN KAUFMAN: The 30 days is the $59.21. Do you need additional time to pay that? MR. FORTIN: Fifty-nine dollars? Yeah -- yes, I pay that, Your Honor. CHAIRMAN KAUFMAN: Okay. MR. FORTIN: And so I got the 14 days to find a place to live. CHAIRMAN KAUFMAN: Right. MR. FORTIN: So in the meantime, at the -- before the 14 days -- of course, like, tonight I have to find -- I have to sleep there. I'm not going -- I'm not going to find a place. CHAIRMAN KAUFMAN: You have 14 days. You can stay there for 14 days. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: But you need to move out. MR. FORTIN: I'm going to -- CHAIRMAN KAUFMAN: -- after the 14 days. MR. FORTIN: I'm going to try my best. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Good luck. CHAIRMAN KAUFMAN: Latoya, you had another comment? MS. THOMPSON: Oh, no. I'm good. CHAIRMAN KAUFMAN: We're all set. Good luck to you. August 28, 2020 Page 66 MR. FORTIN: Thank you very much, Court. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 23, CESD20190009248, Judy Pappalardo. (The speakers were duly sworn and indicated in the affirmative.) MR. TORRES: I do. MS. PAPPALARDO: I do. CHAIRMAN KAUFMAN: Okay. Junior? MR. TORRES: Good morning. Investigator Junior Torres, Collier County Code Enforcement. This is in reference to Case No. CESD20190009248 in dealing with Collier County code of -- dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) for an enclosed lanai built without first obtaining a valid Collier County permit located at 1754 Bald Eagle Drive, Unit C, Naples, Florida, 34105; folio 6113148004. Service given on August 12th, 2019. At this time I would like to present the case evidence in the following exhibits: One photo that I took on July 31st, 2019, and a copy of the determination made by the county building official along with another photo that he -- CHAIRMAN KAUFMAN: Is that Walsh? MR. TORRES: Yes. CHAIRMAN KAUFMAN: Okay. Have you seen the photos? MS. PAPPALARDO: Yes, I have, sir. CHAIRMAN KAUFMAN: Do you have any objection to them? MS. PAPPALARDO: No. CHAIRMAN KAUFMAN: Could we get a motion from the Board to accept the photos? August 28, 2020 Page 67 MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Junior. MR. TORRES: I conducted an initial inspection on July 31st, 2019, where I observed the enclosed lanai in question. I was unable to make personal contact with the property owner, Judy, but I did speak to Emily, the property owner's daughter, over the phone and informed her of the complaint. She informed me that the enclosed lanai has been that way since they bought the property. I explained to her that I will conduct permit research and present the case to the building official. Research search [sic] that no permits are on file for the enclosed lanai. It was then determined by the county building official, Jonathan Walsh, that the enclosed lanai would require a permit by a licensed contractor. Personal service was given on August 13th, 2019, but the respondents were not present. I posted the property and the Collier County Courthouse. The violation remains at this time, and no permits have been applied for. CHAIRMAN KAUFMAN: Did you check with the HOA at all? August 28, 2020 Page 68 MR. TORRES: So the HOA, they're the ones that, I guess -- CHAIRMAN KAUFMAN: Filed the complaint? MR. TORRES: Yeah, but on somebody else, and then that person, in turn, complained on everyone else. CHAIRMAN KAUFMAN: That's the way it works. MS. CURLEY: Awesome. CHAIRMAN KAUFMAN: Generally, as tough as the Code Enforcement folks can be, nobody is tougher than HOAs. MR. TORRES: Yep. CHAIRMAN KAUFMAN: So, okay. So you checked with the records, and you didn't see a permit that was pulled to do this? MR. TORRES: I didn't find any permits on our side, on the county. When the building official did his determination -- I have it up on the IDrive as well, and he was able to pull up like a -- I guess, like, a site plan of -- a floor plan of it. Let's see here. And he said it was going to be reverse J, the floor plan. CHAIRMAN KAUFMAN: Right. MR. TORRES: And there it shows, like, porch or a balcony, and then there's a picture of the interior of the balcony itself, the lanai, in there as well. CHAIRMAN KAUFMAN: Okay. I've seen cases where they put screens -- MR. TORRES: Yeah. CHAIRMAN KAUFMAN: -- but once you start with windows, which need to be inspected, et cetera, it's a different story. Okay. Ma'am? MS. PAPPALARDO: Yes, sir. Thank you. My name's Judy Pappalardo. CHAIRMAN KAUFMAN: Okay. MS. PAPPALARDO: I have a statement, if you don't mind. CHAIRMAN KAUFMAN: Not at all. August 28, 2020 Page 69 MS. PAPPALARDO: My daughter misspoke. She was seven when he moved in there. I didn't purchase. It was bequeathed to me in a will. So I got it in 1999 is when I got it. So I'm sorry. My mouth is so dry from the mask. I can't even stand it, you know. And I didn't bring any cough drops, so anyway. MS. CURLEY: Do you want a glass of water? MS. PAPPALARDO: I have water. Thanks. CHAIRMAN KAUFMAN: Any scotch? MS. PAPPALARDO: No scotch; thank you. You wouldn't want me drinking. Thank you for allowing me to be here today. On October 8th, 1982, Mary Keeding James purchased a condominium at 1754C Bald Eagle Drive, Naples, Florida. Mary's lanai was fitted with windows as opposed to screen as an incentive to purchase the condominium, along with being on the top floor, the end unit, and an elevator. Mary moved there to retire. She was 62, 64, I think. The windows on the lanai were part of the original construction. I met Mrs. James in 1984, a year and a half after she moved in. She moved in in '82. And I was a frequent guest in her condo. The windows were always there. In February -- February 22nd, 1999, Ms. James passed away in the condo. I had been her caregiver for the last few years of her life, so she bequeathed me the condo. My daughter and I had already moved in that February before she passed away, so we were able to stay there until probate, which was August 19th, 1999, when the transfer of ownership took place, and I remained there still. In October 2005 we were graced with the presence of Hurricane Wilma. She came through our neighborhood with what the Naples fire marshal told me, standing in our parking lot, was a wind shear of August 28, 2020 Page 70 over 150 mile an hour. In other words, it was a tornado. It lifted the roof off the condo as I sat at my dining room table. The sound was horrendous, and then followed by rain pouring down everywhere. The deluge continued for a few hours. The roofers arrived that afternoon, and they put some fresh tar paper down. But being a rush to get to the next few building, they forgot to glue or staple it down. So the next -- two days afterwards, we had an afternoon shower, which blew off the tar paper, and then the water cam e down again, and it was just a mess. Within two weeks, we were unable to live or breathe in the condo and were forced to move out of the building, as were the rest of the tenants. All 12 units had to get out. So on January 26th, 2006, after three long months of total refurbishing, I finally received from the Collier County building inspector a certificate of occupancy. During those three months of rebuilding, we were visited and inspected frequently by Collier County building inspectors, Code Enforcement, Collier County Fire Department inspectors, mold inspectors, and Allstate Insurance inspectors, none of which ever found the back windows to be of any detriment to the condo, the safety of the building, or my community at large. They were built into the building during the original construction in 1982, so no contractor or inspector found any fault with them. Enclosed, please find the permit from my air conditioning company that replaced the unit outside after Hurricane Irma Wilma. The certificate of occupancy by the Collier County Board of County Commissioners was granted January 26th, 2006. Air Cool was the contractor. Since then my building has been inspected by the Fire Department. There were roofing permits when the roof was replaced August 28, 2020 Page 71 after Wilma, and then, again, inspected in 2017 and '19, and finally a window replacement in 2019. All these permits deemed the whole building safe. These plexiglass windows in question were not an improvement prior to any building permit, as the summons states. They were part of the original building and, as such, do not require an additional permit. I do not see where I am responsible for such. Thank you for your time. CHAIRMAN KAUFMAN: Okay. I think your -- from my vast experience in doing these things, your main problem is with the HOA. The HOA turned you in to the county, because it wasn't part of -- MS. PAPPALARDO: No. Excuse me. CHAIRMAN KAUFMAN: No? Go ahead. MS. PAPPALARDO: No. The HOA did not turn me into the county. The HOA turned in somebody -- MR. TORRES: Yes. MS. PAPPALARDO: -- who had their -- their windows -- I should have taken a picture of that, because it is a sight. They have filler -- wood filler around the windows that did not fit into the opening space, excuse me. I do not have wood fillers. Mine is -- it's screwed into the concrete walls. The lanai is concrete on two sides, and the top, because I'm on the top floor, so the top -- there's a slab of concrete on top of me, and a slab under -- so it's four concrete, you know, whatever -- four sides. CHAIRMAN KAUFMAN: I understand. MS. PAPPALARDO: And the windows, it's flush with the floor. They are plexiglass, and they were -- they are -- everything is flush. There's no -- there's no -- there's no doubt they were there in the -- when the building was put up, because I knew this lady. I knew her since '84. August 28, 2020 Page 72 Also, as Junior stated, which was wonderful, he's got Plan F, I think you said, floor plan, and I have it right here as Floor Plan D. So this was in 198 -- I think this is 1980. I think Junior's is in '81. And the building was complete, and my friend moved in in '82. So over the course of that time, I don't really think there are a lot of permits hanging around in the courthouse. And the -- you know, the finishing touches were changed, of course, because the window was there when she moved in. CHAIRMAN KAUFMAN: Okay. Junior, what information have you received from Jonathan Walsh? MR. TORRES: He deemed it a violation. After I presented the plan here in the picture, he deemed it a violation. He said it requires a permit. I think he said it requires a permit by affidavit. That's how it's usually been for -- because she wasn't the only one that they complained on. There was multiple lanais on there. And from what I've seen, they've been doing permits by affidavit with a licensed contractor. MS. CURLEY: I have a question. So are all the units that have -- are they all the same window, these plexiglass windows, of all the offenders? MR. TORRES: No. They're -- they come in all different sizes and shapes. MS. CURLEY: So -- thank you. So it's -- thank you for your information. But to me, because you didn't live there and you didn't buy it from the contractor, you really don't know. So, we -- you know, we only have the evidence here which shows that it was, you know, originally approved by the county as a patio. So I know you like to make the statement that it was there, but you really weren't the original owner, so it's -- MS. PAPPALARDO: I don't necessarily like to make the August 28, 2020 Page 73 statement that it was there because I like to make that statement. There's no proof that it wasn't there. Because we have -- I have different plans than he has. We all have different plans. CHAIRMAN KAUFMAN: Has Jonathan Walsh seen your plans? MS. PAPPALARDO: I do not know, sir. I do not know. MR. TORRES: I would assume so; they're all the same. It's just different -- MS. PAPPALARDO: They're all -- the dates are all different. The dates on them are all stamped different. CHAIRMAN KAUFMAN: So the opening on the lanai itself is no different on your plan than it is on yours? MR. TORRES: On mine it shows porch or a balcony. CHAIRMAN KAUFMAN: Okay. And it doesn't show it enclosed? MR. TORRES: No. CHAIRMAN KAUFMAN: And on yours? MS. PAPPALARDO: I don't know. I'm not exactly sure how to read those plans. CHAIRMAN KAUFMAN: Okay. MS. PAPPALARDO: I just know the dates, and I know what the floor plan looks like. MS. CURLEY: Well, there's a lot of reasons why the dates could be changed. They could have amended them. They could have -- there could have been a builder who could have changed a closet, and so they could have redated it. There's, like, 18 different reasons why they would be dated differently, different pages recorded differently. But, still, the only evidence we have is that it's not ther e. And then I think it would have been a little different if the county had stated, like, yeah, of 80 units, there's 14 that have this exact modification and, you know, whatever the case was, but because August 28, 2020 Page 74 there's been modifications casually done all, you know, throughout the complex, it -- just because lack of management and lack of people following the rules, you know, doesn't exempt you from following the rules now just for the safety of the -- CHAIRMAN KAUFMAN: Let me ask. Jonathan said that -- Jonathan Walsh said that since this is not the original owner, you can do a permit by affidavit. MR. TORRES: Yes, since it's already there. CHAIRMAN KAUFMAN: Okay. And Jonathan said that this could be permitted by affidavit? MR. TORRES: Yes, by a licensed contractor. CHAIRMAN KAUFMAN: So that means that having windows on the lanai is not a code violation per se. MR. TORRES: No. It just needs to be permitted. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So let me ask you. So when they do the affidavit, did they find out the age of plexiglass window and then run the permit as if it was done in 1987, or does she have to bring things up to today's code? MR. TORRES: I would assume it would be brought up to the code of that time that the lanai was put in. So whatever manufacturing number or date that that plexiglass have, they would have to go off of that. CHAIRMAN KAUFMAN: Let me ask this. MS. PAPPALARDO: Yes, sir. CHAIRMAN KAUFMAN: When was the last time those windows were changed or fixed or whatever? MS. PAPPALARDO: Then. CHAIRMAN KAUFMAN: No. After the storm. MS. PAPPALARDO: No, no. After Wilma? CHAIRMAN KAUFMAN: Yes. August 28, 2020 Page 75 MS. PAPPALARDO: No. CHAIRMAN KAUFMAN: How about after Irene? MS. PAPPALARDO: No, not after Andrew either. MR. TORRES: They're pretty thick. MS. PAPPALARDO: Or anybody else you want to -- CHAIRMAN KAUFMAN: Because I was just saying, if somebody else fixed those windows after Irene, it would seem to me to be simple process of going back to that contractor and saying, can you give me an affidavit this meets whatever codes are retired. MS. CURLEY: So Andrew would have been the only one that she wouldn't have been in residence for. Andrew was in '91. MS. PAPPALARDO: Well, '91, but I knew the woman. I was always at her place. She was required. We were very close. She was like my mother, so I was always there. MS. CURLEY: So... MS. BOWMAN: I'll make a motion that a violation -- CHAIRMAN KAUFMAN: Jeff, do you have any -- MS. PAPPALARDO: I don't -- CHAIRMAN KAUFMAN: One second. MS. CURLEY: I have a question, just one more and I'll be finished. So it's been a year. MS. PAPPALARDO: Yeah. MS. CURLEY: And so have you not looked into following suit with the way the other owners did and have you given -- MS. PAPPALARDO: Absolutely not. Absolutely not, because the other owners -- like I almost -- didn't finish. The one who the HOA -- I mean, it is a horror show what her place looks like. She should have been called upon, you know, but then she got angry because the HOA wouldn't deal with her, or whatever it was, so then she called you. So, then, I think it was Junior just went to the backyard and took pictures of everybody's place, so that's why I'm August 28, 2020 Page 76 here. CHAIRMAN KAUFMAN: Okay. MS. PAPPALARDO: I have -- CHAIRMAN KAUFMAN: Just to correct the record, he didn't call me. MS. PAPPALARDO: -- papers. Called you. CHAIRMAN KAUFMAN: Okay. Before we continue, have you ever looked into what it would entail to get an architect to sign off on -- MS. PAPPALARDO: No. MS. CURLEY: I just asked her. It's been a year, and she said no. MS. PAPPALARDO: It's been a year also, but we've been here every time, and then everybody was closed for how long. Why would I? Why would I? It's always been there. The windows have always been there. I don't know how many more times I can say it. And over here, you know, it talks about, you know, having a certificate of occupancy. Well, I have one. I have a -- how else did she get into the place? You know, how else would she have moved in in 1982 if it wasn't okayed? MS. CURLEY: So what year did you move in? MS. PAPPALARDO: Ninety-nine. MS. CURLEY: So you should say it's always been there since 1999 when I took ownership. MS. PAPPALARDO: No. It's always been there since 1984 since I met her, and she moved in in 1982, a year and a half earlier than that. MS. CURLEY: So -- MS. PAPPALARDO: I have pictures from '87, you know, 1987. CHAIRMAN KAUFMAN: I don't think that that's the August 28, 2020 Page 77 question. The question is: They're there now. It's not, per se, a violation of any specific code other than the building -- chief building inspector saying that you need an affidavit to say tha t it's okay. Jeff, do you have any comments on this? MR. LETOURNEAU: I think everything's been said pretty well by Investigator Torres. MS. CURLEY: Yep. MR. LETOURNEAU: Just because they've always been there doesn't mean there was a permit ever issued for them. That's my comment right there. MS. PAPPALARDO: Well, I -- it was put in as incentive for this woman to buy. Her husband had just died in, like, '80. She was moving off of Gulf Shore Boulevard. She wanted to come in away from the water and all that, and she wanted the windows. The windows are in there. The windows have always been in there. I didn't even know they were plexiglass until -- in fact, every storm that comes along, I would, you know, freak out and -- CHAIRMAN KAUFMAN: They move. MS. PAPPALARDO: Yeah. They don't shatter. I didn't know that. So I did some looking up on that, but yeah. So I don't see why I need it. I don't understand why I have to do anything because they were there. You can see from the outside they're flush up against everything. There's no fillers. There's no nothing. It was part of the original construction. CHAIRMAN KAUFMAN: Okay. Eric, do you want to say anything or -- (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. For the record, Supervisor Eric Short. Junior did a great job presenting the case, and you as well, ma'am. August 28, 2020 Page 78 I will say we've had multiple units in violation, similar violation. We have a very streamlined process as far as permit review goes. All reviews are on board, fire district and things like that, and we'll be happy to walk you through that process. CHAIRMAN KAUFMAN: Okay. Well -- MR. LETOURNEAU: And I'd also say it's a lot -- typically these permits by affidavit go back to the year that we feel that they were built, and it's a lot less strenuous as far as, you know, jumping through hoops to get these things permitted. CHAIRMAN KAUFMAN: Yeah. What I see is a cost involved in getting a permit by affidavit. I don't know if it's $100 or $1,000, so... MS. CURLEY: Well, you can look at -- you can look at what it would cost to do that now, and it would cost $20,000 to put in windows in that little patio now. So the cost, whatever cost it is to backtrack and get it approved. MR. LETOURNEAU: Not for permitting. For the actual construction, but not for the permitting. MS. CURLEY: No, no. I mean, if she wanted to make that renovation now, it would be incredibly costly. So whatever small cost it would be to hire an architect and work with the county to get the paperwork correct is minimal compared to what it would cost to have that item. CHAIRMAN KAUFMAN: Okay. Well, I think we've talked as deeply as we can get. Chloe, you had -- MS. BOWMAN: I'll make a motion that a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? MS. ELROD: Can we go back to the builder and find out if August 28, 2020 Page 79 they did, in fact, install windows when they built it? MS. CURLEY: It would be on this plat map right here. Even if it was an addition, it would be on the -- and stamped "approved." MS. ELROD: Okay. CHAIRMAN KAUFMAN: I think the cure will be after we find out whether a violation exists or not. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. Now, I think the -- I'm sure Junior has a recommendation. But given sufficient time for you to do your research to find out who you have to go to get an affidavit, and then you're do ne with this. That's what's on our minds right now. So, Junior, why don't you give us your recommendation, and we'll see if we can come to -- MR. TORRES: Recommendation that the Code Enforcement Board orders the respondent to pay operational costs in t he amount of 59.28 incurred in this prosecution of this case within 30 days, and abate all violations by: One, must obtain required Collier County building permits or demolition permits and request that all inspections through certificate of completion or occupancy for the unpermitted lanai enclosure within blank amount of days of this hearing, or a fine of X amount per day will be imposed until the violations are abated. August 28, 2020 Page 80 Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection in 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? MS. CURLEY: Oh, I will. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do 120 days, and then $150 per day after that. CHAIRMAN KAUFMAN: And 59.28 paid within 30 days. MS. CURLEY: Yep. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have four months to find someone to -- an architect that will give you a certificate, making it -- making the county happy with the windows that are there. You should have plenty of time to shop August 28, 2020 Page 81 around. This is an unusual case. It's difficult for the Board to vote against the chief building official in Collier County. That's why it turned out the way it did. MS. CURLEY: And also, just to note that, you know, if you sell your condo, you'll have to have that paperwork in order to sell it. So because you inherited it, you didn't have to go through any of that regiment where a home inspection or something would have brought this to highlight. So it will eventually help you in the long run. MS. PAPPALARDO: Okay. Thank you. CHAIRMAN KAUFMAN: Getting the affidavit will pay for itself. MS. PAPPALARDO: All right. I do -- would like to put it on record, though, that the windows were there. CHAIRMAN KAUFMAN: I understand. MS. PAPPALARDO: I do not want to be -- anybody think that I'm making anything up. The windows were there. CHAIRMAN KAUFMAN: I believe you. MS. PAPPALARDO: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Thank you, Junior. MR. TORRES: Thank you. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 1, CEVR20180002560, Maria C. Ramirez. There's two cases for her; one after the other one. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. RAMIREZ: I do. MS. MATA: I do. CHAIRMAN KAUFMAN: Language is not a problem? MS. RAMIREZ: No. CHAIRMAN KAUFMAN: Joe. August 28, 2020 Page 82 MR. MUCHA: For the record, Joe Mucha, Supervisor of Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a). Violation location is 11700 Labrador Lane. Folio No. 759800108. Description of the violation is removal of native vegetation canopy trees, ground cover, and mid-story plants where the total area cleared exceeds the maximum one acre under the building permit issued for construction of the principal structure; Two, site work improvement of property, grading, or other alteration of land use using heavy machinery, including placement of fill that removed, damaged, or destroyed vegetation without first obtaining county approval; Three, failure to maintain a minimum vegetation required within a Rural Fringe Mixed Use receiving lands overlay, special clearing limitations, retain minimum of on 40 percent of the native vegetation present as of July 2002 [sic], and not to exceed 25 percent of the total site area. Past orders: 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 attached order of the Board, OR5603, Page 2125, for more information. Violation has not been abated as of August 28th, 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 August 28th, 2020, 218 days, for a total fine amount of $21,800. Fines continue to accrue. Previously assessed operational costs of $59.70 have been paid. August 28, 2020 Page 83 Operational costs for today's hearing is $59.35, for a total fine amount of $21,859.35. CHAIRMAN KAUFMAN: Okay. I know there's another case that comes after that. Would it be helpful if we hear the other case on top of this or let this stand by itself? MR. MUCHA: I think it could. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Do you want me to read that one as well? CHAIRMAN KAUFMAN: Yes. MR. MUCHA: Okay. For the second case, this is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a). Location is 11700 Labrador Lane. Folio 759800108. Description: Structures including, but not limited to, sheds, pole barn, chicken coop and trailer built on property without first obtaining all required Collier County building permits; Three, expired Collier County building permits. And I'm not going to read those numbers off. Past orders: 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 2111, for more information. Violation has not been abated as of August 28th, 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 August 28th, 2020, 218 days, for a total fine amount of $21,800. Fines continue to accrue. Previously assessed operational costs of $59.49 have been paid. Operational costs for today's hearing is $59.35, for a total fine August 28, 2020 Page 84 amount of $21,859.35. CHAIRMAN KAUFMAN: Okay. So you've heard the statement by the county that this has not been abated. No permits on those individual buildings that were listed. Your turn to speak. This thing was already heard, and this was where the violation was. It was voted on by the Board back then. What we're here today to do is to impose the fines or not. THE COURT REPORTER: Can you state your name. MS. MATA: My name is Elsa Mata. I am one of J. Trejo Construction. We were recently consulted to help with both of these matters because in some way they're kind of connected. And right now what we're doing is researching everything and trying to find o ut if these building permits can even be put into compliance, you know, fixed or repaired to get them approved, or if they need to be removed. And as far as for the vegetation, there is a pole barn that is in within one of those permits that we're trying to consult with architect or engineering to find out if that can be permitted. If that is permitted, that will help as far as permitting a little bit more of the vegetation removal. So they're kind of connected. And as far as the construction company, we're in the process of researching all of this, figuring out how we can help the homeowner. CHAIRMAN KAUFMAN: When were you hired? MS. MATA: Just recently. CHAIRMAN KAUFMAN: Okay. This case goes back to 2018. MS. MATA: Yes. I guess they had hired -- tried with other people. MS. RAMIREZ: Freshwater -- Ryan knows. MS. CURLEY: I didn't hear her. MS. RAMIREZ: I have been talking with Ryan, and he knows August 28, 2020 Page 85 that I had already had another contract. MS. MATA: She had already tried to hire somebody else. That didn't work out. CHAIRMAN KAUFMAN: Okay. Ryan is there. (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: I do. I have been in regular communication with the property owner. And I just want to put on the record that she has removed some of the structures. The sheds, the chicken coop, and the trailer are all gone. So the only thing remaining is the pole barn, and the permits are related to the pool, which they're dealing with now. And then I don't know all the issues with the previous contractor, but it all just kind of got put on a stand-still. CHAIRMAN KAUFMAN: Where is this property located? MR. CATHEY: Off 6L Farms. CHAIRMAN KAUFMAN: Oh, okay. MR. CATHEY: It's an agricultural zone. MS. CURLEY: Why do you think it just got put on a stand-still? MR. CATHEY: I don't know all the details. She had been working with this other contractor, and nothing came forward with the permits. I'll let her go into more detail, but... MS. MATA: She was working with two other contracts also. Both owners have been dealing with complicated health issues through all this time for years, so it's been a struggle for them. CHAIRMAN KAUFMAN: Okay. Well, it seems that for the past two years nothing's been done. MR. CATHEY: With the permits, I mean, they're working on it now. But they did remove some of the other structures, like I mentioned. The sheds, the chicken coop, and the trailer have all been removed. August 28, 2020 Page 86 CHAIRMAN KAUFMAN: So the first case -- how big is this property? MS. MATA: Five acres. CHAIRMAN KAUFMAN: Five acres? MS. CURLEY: And so does it need DEP approval? I mean, is it that detailed? Is it that raked clean? Is it -- MS. MATA: As far as us, we haven't -- MS. CURLEY: I was asking the county. CHAIRMAN KAUFMAN: With a building permit, you're allowed to clear up to one acre. Do you have any building -- building permit on the first case? Is that the case, Joe? Was there a building permit that gave them the ability to clear up to one acre? MR. MUCHA: No, that's part of the problem. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: That's why the cases are kind of connected. CHAIRMAN KAUFMAN: Okay. Yeah. So to begin with -- MR. MUCHA: If they get some of these things permitted, it would allow them to clear more, but... MS. CURLEY: So was the whole five acres cleared? MS. MATA: No. It's not all five acres. And, plus, since this all started, they've allowed the property to grow back naturally. So it's not all cleared. And I imagine when they built the house, they had to have signed -- or been given permission to clear for the one acre. MS. CURLEY: So I'm sure we saw the overlay pictures from years ago, and then the clearance, and I'm sure we saw all that. So, then, just -- Joe, so there wasn't, like -- there's not, like, a DEP issue where they have to have -- redo the land? You know, replant native vegetation? Because I'm sure it's Brazilian pepper that's growing out there. August 28, 2020 Page 87 MR. MUCHA: I'm not fully aware of that. MS. MATA: That is something that we're researching also because, for sure, I would think that that would have to be involved. CHAIRMAN KAUFMAN: Yeah. We're not rehearing the case now. The case was heard, and the decision was made at that time. What we are doing now is, this is not in compliance, and we're going to make a motion to impose the fine or not. That's where we are right now. MR. LETOURNEAU: Mr. Chairman, for the record, Jeff Letourneau. Having heard that they've hired a professional at this point, the county wouldn't be adverse to them requesting an extension, if they would like to do that at this point. I think that would be one of their options. MS. MATA: That is something that we were here to do. MS. CURLEY: Well, let's -- do you have a signed contract that you've been hired? You just said you consulted with them. Are you actually hired by her? Has she hired you? MS. MATA: Yes. MS. CURLEY: And you have documentation that -- I mean, that that -- MS. MATA: I mean, we have been instructed to go ahead and start, research everything, because we have to come up with -- research everything and then present a plan to her to see if she's going to proceed with what we recommend. MS. CURLEY: So -- MS. MATA: But right now, this is all researching for us -- research period for us, actually. MS. CURLEY: So they don't have anyone helping them yet. MS. MATA: She's just wanting for everyone to know that recently she lost her eyesight. She's working on all of this. So this is something -- like I said, we were consulted, and we're trying to August 28, 2020 Page 88 help her also. MR. LETOURNEAU: Would she like to ask for an extension? MS. MATA: Would you like to ask for an extension? MS. RAMIREZ: Yes. Yes. MR. LETOURNEAU: And, go ahead, ask for some time here. MS. RAMIREZ: Yes, I would like to ask for an extension. CHAIRMAN KAUFMAN: Do you think six months would be enough time? MS. RAMIREZ: Yes, it would help. MS. MATA: Six months would definitely be enough time to resolve. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: The county has no objection to that. CHAIRMAN KAUFMAN: Okay. So would someone like to make a motion that we -- MS. CURLEY: I'll make a motion to allow the county to withdraw the case and extend it six months. MR. DOINO: I'll second that. MS. CURLEY: Is that the right way? CHAIRMAN KAUFMAN: I don't know if it needs to be withdrawn or just grant an extension. MR. LETOURNEAU: I think it would probably be cleaner if you guys just said, yeah, we're giving her the six months to take care of this issue. CHAIRMAN KAUFMAN: Okay. That's what we said. MS. CURLEY: Make a motion for us guys to take care of it for another six months. MR. DOINO: Six months. Second. Second us guys. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. August 28, 2020 Page 89 MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Thank you. MS. RAMIREZ: Thank you. CHAIRMAN KAUFMAN: What's the next case, Helen, so I can start looking for it? MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 7, CESD20180008773, Laurette Archange. She was here, but she left, and she wrote a letter to request fi nes to be waived. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record, Joe? MR. MUCHA: Sure. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 13598 Legacy Lane. Folio No. 77390004464. Description of the violation is a garage enclosure, load -bearing wall removal, conversion of a utility closet into guest bathroom, renovation and removal of bathroom fixtures, plumbing modifications to bathrooms, and washing machine hookups without a valid Collier County permit. Past orders: On June 27th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and August 28, 2020 Page 90 ordered to correct the violation. See the attached order of the Board, OR5652, Page 843, for more information. Violation has been abated as of March 9th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 27th, 2019, to March 9th, 2020, for 196 days, for a total fine amount of $19,600. Previously assessed operational costs of $59.42 have been paid. Operational costs for today's hearing is $59.42, for a total fine amount of $19,659.42. CHAIRMAN KAUFMAN: Okay. So it's been abated. MR. MUCHA: It's been abated. CHAIRMAN KAUFMAN: Basically, it was a garage conversion? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: And it took a lot of time to un-convert it. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Mr. Chairman, I'd like to put on just one thing. Our past policy has always been, if you had an imposition, we like the property owner to be here; however, because of the COVID, we recommend them writing letters like this person has in hopes that it would be sufficient enough to make your decision based on that. CHAIRMAN KAUFMAN: Do you want to read the letter into the record, or show it to us? MS. CURLEY: Or we could just award her for the -- she's the only one so far this day that's actually had her violations corrected, and abate all of the fines that the county are trying to impose. CHAIRMAN KAUFMAN: Why don't we read the letter. She wrote it. MR. MUCHA: She was actually present this morning, but she August 28, 2020 Page 91 had to leave for work, so... MS. CURLEY: Well, I appreciate the effort. I make a motion to deny the county's request for fines of $19,600 and also deny them the 59.42 for today's hearing. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 8, CESD20180011460, Carlo Valdes and Dulce Valdes. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. LOMBARDO: I do. MS. VALDES: I do. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read this into the record for us? MR. MUCHA: We actually have two as well, so do you want to just go both at the same time? She has one -- CHAIRMAN KAUFMAN: What's the order number on the second one? MS. BUCHILLON: Number 14. CHAIRMAN KAUFMAN: No, the last four digits of the case. MR. MUCHA: 4216. August 28, 2020 Page 92 MR. LOMBARDO: For the record, my name is Zach Lombardo. I'm here on behalf of the defendant here. And I just want to comment on that request. We're going to -- we have two different approaches for each of them. We don't mind talking about them at the same time, but we're going to ask for two different things, if that helps make the decision. CHAIRMAN KAUFMAN: Okay. Well, since I haven't found the other one yet, why don't we hear the first one first. This is -- MS. CURLEY: 11460. CHAIRMAN KAUFMAN: Yeah. 114960? MR. DOINO: 4216. MR. MUCHA: YOU want me to go ahead? CHAIRMAN KAUFMAN: Give me one second. We're not going anywhere. Here it is. MS. CURLEY: Okay. Got it. CHAIRMAN KAUFMAN: I go it also. Which one do you want to talk about first? MR. LETOURNEAU: 11460. MR. MUCHA: We'll do the 11460 first. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: All right. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Location is 191 Smallwood Drive, Chokoloskee. Folio No. 26081640007. Description is addition of a tiki hut without obtaining a Collier County building permit. Past order: On February 28th, 2019, Code Enforcement Board issued a finding of fact, conclusion of law and order. The August 28, 2020 Page 93 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5607, Page 514, for more information. On September 26th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board for more information. Violation has not been abated as of August 28th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 28th, 2019, to August 28th, 2020, for 367 days, for a total fine amo unt of $36,700. Fines continue to accrue. Previously assessed operational costs of $59.49 and $59.28 have been paid. Operational costs for today's hearing is $59.42, for a total fine amount of $36,759.42. CHAIRMAN KAUFMAN: Okay. These are two separate cases. MS. CURLEY: Two different years. CHAIRMAN KAUFMAN: Yeah. I'm looking at the description. Two chickee huts, covered structures built without permits, and the other one is addition of a tiki hut without permits. What's the -- MR. MUCHA: Correct. CHAIRMAN KAUFMAN: What's the difference? MR. LOMBARDO: Do you mind if I explain? So there are three chickee huts here. And if you walked into the restaurant -- this is the only restaurant in Chokoloskee. When you walk right in, the first thing is the first chickee hut, and there's about 15 tables under there. The other two were put at the opposite ends of the property. The property is an acute triangle along 29. And so this first case is about the larger chickee hut. It was built without a permit. You've already found that. The property August 28, 2020 Page 94 owner went to go get a permit. The problem is the roads in Chokoloskee have been -- the right-of-way has actually moved on the island several times, and so the current layout of the property is that those two poles on the front end are actually in the right -of-way. And so she has -- and we filed a right-of-way vacation application with the county. The PL number is 20200001674. We are actively working with the county to adjust the right -of-way, and specifically because if you look at a plat map -- or not map. If you look at the Property Appraiser's website for Chokoloskee, some of the properties jut out into the right-of-way and some of them don't. Hers doesn't. Two blocks down they do. And it comes from -- I mean, Chokoloskee was originally laid out 70 -- or 50 years before the county was incorporated. So a lot of this is legacy property issues. And so, absolutely, the property owner understands that this has to be brought into compliance. There needs to be a building permit. But before we get the building permit, we have to get the right-of-way application finished. Unfortunately, because, you know, the obvious question is, what have we been doing? There's time passing here. We've been working with county staff in the pre-application process, but as a result of the -- a lot of the closures in the past six months, it's been difficult, but we are moving forward on that process. And so what we're asking for on this first one, with the assurance that we're actively pursuing the right-of-way application, and should that not pan out, then the building's going to have to be redesigned, that we be given -- that you not impose fines at this moment and readdress this once we have resolved the open right-of-way permit application. CHAIRMAN KAUFMAN: So you're looking for an extension of time on this? August 28, 2020 Page 95 MR. LOMBARDO: Yes, sir. CHAIRMAN KAUFMAN: And how much time do you think you need? MR. LOMBARDO: I think that -- I mean, I don't know how much time we need, but I think if we did either three or six months, we can -- you'll be able to actively track us on CityView so we can come in and talk about the actual progress in whatever makes you-all comfortable. Because I want to assure you that it's moving. CHAIRMAN KAUFMAN: Okay. So if -- let's just say three months is granted, and within the three months they give you that ability, does that end this case? Joe? MR. MUCHA: No, because they've still got to permit the tiki hut. CHAIRMAN KAUFMAN: So then -- MR. LOMBARDO: We apply for the permit. CHAIRMAN KAUFMAN: Then you apply for the permit. MR. LOMBARDO: Yes. MS. CURLEY: I have a question: Does the right-of-way change because of nature? MR. LOMBARDO: No. This is a very interesting question. So when the -- and I only know this because -- so I work with Tony Pires, and our firm did a whole -- we redid all of the easements in Chokoloskee in the '90s when the city provided water down in Chokoloskee. And just for -- it was more the case that buildings just weren't where everyone thought the buildings were. So it's not that the island has changed shape. It's that when things were laid out, they weren't using AutoCAD. They weren't using more precise tools. And so there just were buildings in the wrong places. So there was a series -- if you look at this, there's a series of agreements that get put in place in the early '90s where things get moved, and so that's the basis with which we're going -- coming to August 28, 2020 Page 96 the county, and I think it's a good-faith basis. And also, just to keep in mind from the equitable consideration, which it was a 162.02, the -- this is the only restaurant on the entire island. These chickees are what provide for outside seating and, under the current CDC guidelines, that's what's recommended is outside seating. Now, however, when we get to the other chickees, we're tearing them down, and I'm not going to fight you on that. But this chickee has 15 tables, and it's just those front two poles that are sitting forward. And so I think this is an unnecessarily unique case that comes from an island that hasn't probably had a lot of attention paid to it when it comes to development for a very, very long time. CHAIRMAN KAUFMAN: Okay. Joe, do you have anything? MR. MUCHA: I support it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I agree. CHAIRMAN KAUFMAN: Okay. So you need an extension of time. So the question I have for the Board is how much time. MR. DOINO: Six months. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Let's do -- like, normally, we'd give six months. So let's give three more because of the vacation request -- MR. DOINO: Nine months? MS. CURLEY: -- is hairy, and then you have all the Christmas, Thanksgiving, New Year, and then God knows what's going to go on with COVID and if she can even get somebody down there to -- and she's got legal aid here. So, yeah, I think nine months is probably -- MR. DOINO: Nine months. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: It's history, and I think there's some fallback under that. Maybe they'll get a storm and push the right -of-way the August 28, 2020 Page 97 other way. MR. LOMBARDO: That could happen, and we would be open to that. CHAIRMAN KAUFMAN: Okay. I would expect if we grant nine months, that's the most that's on there -- if we grant nine months and you do get your okay, that -- if you come back before us, you not only have that okay, but you also have your building pe rmit that's been applied for or whatever has to be done. I don't know, maybe that could be done -- MR. LOMBARDO: We can start simultaneously. It just can't be granted until the right-of-way issue's resolved. CHAIRMAN KAUFMAN: I understand. So we have a motion. MR. DOINO: And second. CHAIRMAN KAUFMAN: And we have a second to grant the extension of time for nine months. Any discussion on the motion? MS. BUCHILLON: You want extension or continuance? CHAIRMAN KAUFMAN: Continuance, I'm sorry, of nine months. MR. LOMBARDO: Can you explain the difference? CHAIRMAN KAUFMAN: The difference is the fines continue to accrue on a continuance. MR. LOMBARDO: And they do not on an extension; is that correct? CHAIRMAN KAUFMAN: Right. MR. LOMBARDO: And which one did you pick? CHAIRMAN KAUFMAN: Continuance. MR. LOMBARDO: Okay. CHAIRMAN KAUFMAN: They continue to accrue. MS. CURLEY: Is there a financial hardship on the -- MR. LOMBARDO: Well, I would suggest there is only August 28, 2020 Page 98 because it's a restaurant that has, you know, been impacted by the decline in tourism and also by the reduced capacity that it's allowed to operate on. MS. CURLEY: No, I didn't mean that way. I mean, if she's trying to fetch a loan on it, having these outstanding fines, it makes it more difficult. But the fines can be abated if she gets into compliance in nine months, if she comes back and requests it. MR. LOMBARDO: Yeah. I mean, to be -- forthright-wise, there's no -- there's no loan issues at the moment. I don't know -- I don't want to speak for you. I don't know if you're seeking a loan. MS. VALDES: A little bit. MR. LOMBARDO: You are looking for a loan? Okay. So -- CHAIRMAN KAUFMAN: Our problem is this -- MR. LOMBARDO: You need incentive. CHAIRMAN KAUFMAN: -- to do the other form of extension, that means that the fines are excused back to the beginning and we start at square one, which we can't do since it's still in violation. MR. LOMBARDO: I understand that. CHAIRMAN KAUFMAN: That's why it's a continuance. MR. LOMBARDO: I think we'll just have to address this at a later time. If that's the procedural posture, that's fine. CHAIRMAN KAUFMAN: Okay. So we have a motion to grant nine months. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) August 28, 2020 Page 99 CHAIRMAN KAUFMAN: It carries unanimously. That takes care of the first one. MR. LOMBARDO: The second case involves the chickees that are at the opposite ends of the restaurant. The first -- one of them has been removed, so what we're dealing with is the one north side, and it will be removed, is what we have -- all we can say. And the explanation for the timing is that it's extremely difficult to get contractors into Chokoloskee to do work. The first chickee took a huge amount of time to get removed and ended up involving a lot of work from the owners themselves personally because it was not easy to get contractors down there. The second one will be removed, and so all we're asking for on this one is I think we were going to ask for three months to remove the chickee, and that's cut and dry. It's either removed or it's not removed. MS. CURLEY: Did they buy this restaurant with these already up? MS. VALDES: No, ma'am, I did not. We bought a very small little bait/tackle shop, and -- MR. LOMBARDO: There was a little initial confusion about whether chickees, because they're constructed by Native Americans, whether they require permits or not. There was some confusion with that on the property owners, but on this one, we're not disputing your ruling. It's in the wrong spot, and it needs to be -- CHAIRMAN KAUFMAN: So you think it will take three months to -- MR. LOMBARDO: To, I think -- I mean, that's what I was told. Is that fair? MS. VALDES: I'm sorry. I'm a little bit nervous. CHAIRMAN KAUFMAN: Okay. Don't be nervous. MS. CURLEY: Don't be nervous. August 28, 2020 Page 100 CHAIRMAN KAUFMAN: The only one that bites here is Sue. MR. LOMBARDO: Well, we were trying to talk to Sue. I was watching that. MS. CURLEY: We're all volunteers here. We are all homeowners and residents of this county. We aren't paid to do this job, and so we understand and appreciate the history of the restaurant that you have down there. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion on this case? MS. ELROD: I'll make a motion we grant the three months. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOMBARDO: And just procedurally, so we'll be back here in three months, or an inspector will go down. CHAIRMAN KAUFMAN: Well, you'll be back here in three months, I'm guessing, to ask that the fines -- MR. LOMBARDO: Yes. CHAIRMAN KAUFMAN: -- that have accrued be -- August 28, 2020 Page 101 MR. LOMBARDO: Yeah. We'll file a motion on that point. CHAIRMAN KAUFMAN: Well, you'll come back. I don't think you have to file a motion. You just have to request whatever you want to request. MR. LOMBARDO: Okay. Sounds good. MS. VALDES: I want to thank you so much because I know you've been really strict, but thanks for helping me out. MS. CURLEY: It's not me. MR. LOMBARDO: Really good black beans and rice, if you're looking for a recommendation in Chokoloskee. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. Next item on the agenda under imposition of fines, No. 9, CESD20190001104, Jose de Jesus De Sousa and Michelle E. De Sousa. (The speakers were duly sworn and indicated in the affirmative.) MR. DE SOUSA: I do. MR. SHORT: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. DE SOUSA: Jose De Sousa. CHAIRMAN KAUFMAN: Okay. Eric, we think we know you. MR. SHORT: All right. 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, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). The location is 812 96th Avenue North, Naples, Florida. Folio is 62769720009. Regarding six sheds in the rear of the property installed without required permits, inspections, and certificate of completion or August 28, 2020 Page 102 occupancy. Your past orders: On June 27th, 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 violations. See the attached order of the Board in OR Book 5652, Page 850, for more information. The violation has not been abated as of August 28th, 2020. Fines and costs to date as follows: Fines have accrued at a rate of $100 per day from the period between August 27th, 2019, to August 28th, 2020, 368 days, for a total fine amount of $36,800. These fines continue to accrue. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing is $59.28, bringing us to a total of $36,859.28. CHAIRMAN KAUFMAN: Okay. This is in Naples Park? MR. SHORT: Yes, sir. CHAIRMAN KAUFMAN: Okay. Okay, sir. MR. DE SOUSA: I'm struggling financially. I've been struggling for -- before even COVID. COVID's really hit me much harder than before. I have not removed the sheds. I originally asked the county what the building lines was, and I put it to what they told me verbally, but I found out later that's not the case. I'm asking for an extension in consideration. And I did bring you some documents, you can have a look, to see that I haven't paid my mortgage. I have applied -- for Collier Care. So I'm asking for help here, an extension of time, please. CHAIRMAN KAUFMAN: Okay. This goes back way before COVID. MS. CURLEY: I remember this case. This is a -- is this your August 28, 2020 Page 103 VRBO house that you have in Naples Park? And then you had paved the backyard and had these really nice sheds for the paddleboard storages and all these things? MR. DE SOUSA: No. I live in the home. I don't -- if you can ask me the question again. MS. CURLEY: Oh, I'm sorry. Yeah. So is it -- did you have a pool deck and then you paved and then you had storage lockers all on the back of the property line? MR. DE SOUSA: I wish I had a pool deck. No. It's just sheds in the back. We got foreclosed on three years ago, and we were lucky to purchase this house. I had a home in Delasol, 3,800 square foot. The reason the sheds are there is to store our stuff. For no other reason. And my finances has not changed even from back there. I'm still struggling. I'm asking for some time, please. CHAIRMAN KAUFMAN: Do you recall, Eric, this was a case that was brought up from a neighbor complaint; is that it? MR. SHORT: That's correct. The Naples Park Association had filed a complaint. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So am I right, Eric, that the storage sheds are all along the property line, like, four or five of them or three or four of them in a row? MS. BOWMAN: Along the fence? MS. CURLEY: Back. MR. DE SOUSA: Yes. MR. SHORT: Yes. There's six sheds on the property, and originally there was a permit pulled, shortly before our original hearing, to convert those into cabanas. That permit was rejected by the county. Subsequently, on August 7th, 2019, a demolition permit was obtained. It's been renewed a few times. He recently renewed August 28, 2020 Page 104 it July 1st of this year. MS. CURLEY: So what's it entail to demo this? MR. SHORT: It's just a removal of the structures; one inspection. MS. CURLEY: Just machinery or just by hand? MR. SHORT: That would be a preference for the owner. MR. LETOURNEAU: Eric, was there some question about the rental of these sheds at some point in the beginning of this case, or am I incorrect about that? MR. SHORT: Part of the complaint was that each individual shed was being rented as a unit, but we could never prove that. We addressed it as a permitting violation. CHAIRMAN KAUFMAN: Okay. Well, this thing goes back over a year. It's a simple thing. This is almost like having a car parked illegally; you have the car towed or whatever it is. These sheds need to go, and I think the motivation for that would be to impose the fine. Anybody want to make a motion? Okay. I make a motion that we impose the fine. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the agenda, under imposition August 28, 2020 Page 105 of fines, No. 11, CESD20190006694, William James Morgan. CHAIRMAN KAUFMAN: This must be your day, Jonathan. You want to read this into the record? (The speakers were duly sworn and indicated in the affirmative.) MR. MORGAN: Yes, ma'am. MR. MUSSE: Yes, ma'am. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Description of the violations: Voided Permit No. 930015719 for storage and balcony addition and converted into a -- converted the storage and balcony additions into living space. Past orders: 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 violations. See attached order of the Board, OR5696, Page 3431, for more information. Violation has not been abated as of August 28th, 2020. Fines and costs to date are as follows: Fines have accrued at the rate of $100 per day for the period from February 23rd, 2020, to August 28th, 2020, 188 days, for a total fine amount of $18,800. CHAIRMAN KAUFMAN: You'll have your chance in a second. MR. MUSSE: Previously assessed operational costs of 59.28 have not been paid. Operational costs for today's hearing: $59.28. Total amount: $18,918.56. CHAIRMAN KAUFMAN: Okay. Okay. Your turn. MR. MORGAN: My name is William James Morgan. CHAIRMAN KAUFMAN: Could you move the microphone up so we can hear you better. There you go. August 28, 2020 Page 106 MR. MORGAN: My name is William James Morgan. My birthday was August 6, 1992. CHAIRMAN KAUFMAN: Can barely hear you. MR. MORGAN: My name is William James Morgan. Birthday was August 6, 1992. I was requesting the people who needed to be here. They're not here. My father and others were supposed to be here. They're not, so it doesn't matter. It's me alone. I just wanted to request -- just ask properly, please, for a little bit more time. Also, I was -- some of this was not my fault. I was either incarcerated or Baker Acted from other people. The incarceration, I was driving without a license. That was my fault. My fiancée, Rachel Perales, was my power of attorney when I was incarcerated. She only paid one mortgage payment, and I had to backpay on that. That was my problem. I already paid most of that back. I can cover anything. I just need a little bit more time. But there's a lot of the -- there's errors on the time frame. It started in February on the payments daily. I didn't get out of incarceration until April. I think April 24th is the day that I got out -- this last April is when I just got out of the incarceration, so that's a little bit of time knocked off from the daily payments of $100 fine, correct? CHAIRMAN KAUFMAN: No. MR. MORGAN: Why not? CHAIRMAN KAUFMAN: It doesn't matter if you're incarcerated. MR. MORGAN: I was incarcerated. My power of attorney should have been paying it. That was not my fault. I was deemed incompetent. CHAIRMAN KAUFMAN: Okay. Let me just go on. Since the operational costs have not been paid, we generally do not listen to August 28, 2020 Page 107 any argument to extend time or abate a fine. So that's the position that we're at right now. MR. MORGAN: I was only requesting -- I didn't know that. I've never been in -- CHAIRMAN KAUFMAN: Okay. Well -- MR. MORGAN: I've only -- I just turned 28 on August 6th, so this is my first time going through this. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I understand. Maybe there's a point of clarification that might help you is that when you see the $100 -- we're not asking for payment of that. That's just like accruing as a bill, so whoever was responsible for your financial while you were away -- MR. MORGAN: I was also -- I was only one responsible. MS. CURLEY: Let me just finish, please. She's taking record of it. MR. MORGAN: I'm sorry. MS. CURLEY: Is that -- so we're not asking you to pay a fee every month until this gets corrected. So there was no -- you didn't have any payments due to us, okay. So that was a little confusing when you said that in the beginning. MR. MORGAN: If I'm correct, from February this year, I've been fined $100 a day, correct? CHAIRMAN KAUFMAN: Correct. MR. MORGAN: I didn't get out of the incarceration until -- CHAIRMAN KAUFMAN: That doesn't matter whether you're incarcerated or not. MR. MORGAN: That's all I wanted to add towards both. CHAIRMAN KAUFMAN: Okay. MR. MORGAN: That doesn't matter. I can cover the 18,000 payment. May I please have more time? I just got out of jail. I August 28, 2020 Page 108 can make the money through everything. I am promoted by rappers. I'm a tattoo artist. I can make the -- MS. CURLEY: Let me ask: Have you gotten some bids on the -- to fix the error -- the problems that you have? Do you know how much time it's going to take to do it since you've had a little time lately? Do you know? MR. MORGAN: Towards everything, bringing it up to code and everything? The only thing that I have thought of is the electrical part. I don't know anything about that. I'm going to have to hire somebody probably to rewire the entire house. It's been wired completely wrong in my bedroom and the back bedroom that goes to the laundry room. Those were -- the lanai was supposed to be from '93 error. I'm being hit from Code Enforcement because of that, because I bought the house as-is. That it my problem. I agreed to that. There's no issues there. I can handle it. I just have to get the house up to code for passing. That would have to be up to code. The flooring is the electrical part where the outlets come in in my room and in that room. I want to keep the bedrooms, but I have to bring the house up to code. So the lanai would have to be properly built into bedrooms properly, right? CHAIRMAN KAUFMAN: We're not here to hear the case, sir. MR. MORGAN: I'm sorry. I can bring it up to code, exactly. I just need at least six months probably, please. CHAIRMAN KAUFMAN: Okay. I will not accept an extension because the operational costs were never paid. MS. CURLEY: So can you pay these costs today and then meet with the inspector here? What he's saying is you have a balance due, and we don't typically want to h ear -- MR. LETOURNEAU: Of 59.28, sir. MR. MORGAN: At this moment I only have $20 cash in my August 28, 2020 Page 109 pocket. Monday I can pay that. If I can get home and everybody can give me what they have in their pocket, yes, I'll come back and pay you immediately. They have -- my renters and people who were supposed to be here, I can get the money from them to pay you for that -- yes. If not, Monday I guarantee you I'll pay you myself for that, and I can pay you no matter what for anything. Guaranteed. I just need a little bit of time. MS. CURLEY: So this original case was heard on October 25th, 2019. Was this a case that you were here for in October? MR. MORGAN: I was never present ever. That was Rachel Perales. She was the one here for the building and the demol ishing for the downstairs apartment that was supposed to be torn down. That was my fault. I brought some people home. I brought people into my home that were going to have a child, a couple that were going to have a child, and they already had two kids. So there was two kids with a baby coming. Before I got out, they left. They were there the whole time, the whole year renting from me, $600. But he had rebuilt the entire bottom part. Because he worked for a GC. He did it himself. He brought all the material. The GC contractor was going to help do everything, bring it up to code. We didn't know that he couldn't do that because of living storage only. I didn't know that. That was my fault, and I didn't bring up the permits to do so. Then I got arrested, so it didn't matter anyways. I violated every way I could. I apologize. I didn't know that. I've been deemed incompetent before, but I proved that I am not incompetent because I went around the loopholes and got it out. I went through therapy to get it. MS. CURLEY: I mean, I think I -- if -- do you have a source of income where you can -- August 28, 2020 Page 110 MR. MORGAN: Absolutely. MS. CURLEY: -- achieve these things? MR. MORGAN: Yes. MS. BOWMAN: I think there needs to be a little -- maybe just more education to him of what the process is. I think he's thinking that he has to pay this $18,000 -- MR. MORGAN: I'm the only one responsible. MS. BOWMAN: -- but clearly the issue is you just need to fix the problems with the property and pay the $60 in operational costs, and -- MS. CURLEY: We like to hear each case one case at a time. We don't like to follow a standard rule. I feel like he's tried to make an effort. He's had a lot of roadblocks. He's admitted that he's made some errors. I think that, you know, sometimes in life people just need to be given an opportunity to do better. MR. MORGAN: To give you a good faith, I just put $20,000 down for another property. That's going to have two houses on it for $220,000 offer that I'm giving, and a house is 300 -- the property with two houses on it is 330,000, so... MS. CURLEY: Well, that didn't help out. MR. MORGAN: But I'm just saying that's -- I can pay everything I need to. I didn't know -- because I had to wait to see when this court date was going to give me. I was -- I was scared that I was going to lose the property, so I put down for another one. I have banks that can help me because I have collateral and everything. MR. DOINO: I'll make a motion to impose the fine. CHAIRMAN KAUFMAN: I second it. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? August 28, 2020 Page 111 MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: It passes 3-2. Okay. So -- MR. MORGAN: I don't know anything. CHAIRMAN KAUFMAN: Okay. MR. MORGAN: That was legal terms I didn't understand. CHAIRMAN KAUFMAN: You're going to get this all written out as an order. You'll probably get it next week sometime, what you need to do. MR. MORGAN: Do I have time to work on everything? MS. CURLEY: It still needs to be fixed. And they'll help you. MR. MORGAN: So just listen to him? CHAIRMAN KAUFMAN: Yes. MR. MORGAN: Thank you very much. Am I good to go? MS. CURLEY: Yes. MS. BOWMAN: Yes. MR. MORGAN: Have a great day. God bless you. CHAIRMAN KAUFMAN: Helen? MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 12, CEPM20190006547, Tam Thanh Nguyen and Tammy Nguyen. CHAIRMAN KAUFMAN: We have two cases here. MS. BUCHILLON: Yes, sir, 12 and 13. MS. CURLEY: What is the last name again? I'm sorry. MS. BUCHILLON: It's N-g-u-y-e-n, but you pronounce it Nguyen. Right, Mr. Nguyen? MR. NGUYEN: Yes. August 28, 2020 Page 112 MS. CURLEY: Thank you. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. NGUYEN: I do. CHAIRMAN KAUFMAN: We're going to hear the case ending in 6547 first? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Good morning. MS. PULSE: Good afternoon. CHAIRMAN KAUFMAN: Yeah. Good afternoon, you're right. MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. This is violation of the Florida Building Code, 6th Edition 2017, Sections 454.2.17.1 through 454.2.17.3. Location is 5175 Green Boulevard. Folio 38396160008. It's for a no barrier around in-ground pool. Past orders: On January 24th, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5741, Page 1211, for more information. The violation has been abated as of May 14, 2020. Fines and costs to date are as follows: Number 1, no fines accrued. Number 2, fines have accrued at a rate of $250 per da y for the period from March 10th, 2020, to May 14th, 2020, 66 days, for a total fine amount of $16,500. Previously assessed operational costs of 59.21 have been paid. Operational costs for today's hearing, $59.28. Total amount: $16,559.28. August 28, 2020 Page 113 CHAIRMAN KAUFMAN: Has the barrier around the pool been completed? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Is it a permanent barrier? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Okay. So it's come into compliance. Sir? MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: On this order, you're going to ask us for something? MR. NGUYEN: Say it again, please. CHAIRMAN KAUFMAN: On this first order -- I know we have two. MR. NGUYEN: Okay. CHAIRMAN KAUFMAN: This one was for the no barrier around the in-ground pool. You fixed that. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: You got it all completed? MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: So the fines that are here now, do you want us to impose them, or are you asking us to abate them? MR. NGUYEN: I'm asking for abate them, please. CHAIRMAN KAUFMAN: Okay. MR. NGUYEN: Okay. Please, sir, abate them, because I comply with that. I don't know what the fine for. I don't know. MS. CURLEY: I make a motion to abate the county's request for fines, including the operational costs. MS. ELROD: Second. MR. BLANCO: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a August 28, 2020 Page 114 second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Please clarify the court costs for today. CHAIRMAN KAUFMAN: What? MR. LETOURNEAU: Just to clarify, the operational costs for today, right? MS. CURLEY: Yes, operational costs of 59.28. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Sorry. CHAIRMAN KAUFMAN: Your fine of $16,559 is gone. MR. NGUYEN: Thank you. CHAIRMAN KAUFMAN: Okay. Now, we come to the second case. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: This one is -- reading the description, Dee will do it better than I will, chain-link/wooden fence on property, no Collier County building permit, fencing dilapidated, not maintained. Dee? MS. PULSE: Good afternoon. For the record, Investigator Dee Pulse. This is in violation of the Florida Building Code, 6th Edition, 2017, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Location: 5175 Green Boulevard, Naples, Florida, 34 -- Folio August 28, 2020 Page 115 No. 38396160008. Past order of -- on January 24th, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5749, Page 3391, for more information. Violation has not been dated as of August 28th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from March 25th, 2020, to August 28th, 2020, 157 days, for a total fine amount of $15,700. Fines continue to accrue. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing: $59.28. Total amount: $15,759.28. CHAIRMAN KAUFMAN: Okay. MR. NGUYEN: I would like to abate the fines because I did not know it existed the last time I was here on January 24, and to comply with that case, and I did it, with permit and hammer [sic] the matter. I did not know what is left over or what exists now, why the fines. I did comply with that case number. CHAIRMAN KAUFMAN: The first one, that's done. MR. NGUYEN: No, this one, sir. CHAIRMAN KAUFMAN: You complied with this? MR. NGUYEN: Yes. CHAIRMAN KAUFMAN: So let me ask, Dee, have you been out there to see this? MS. PULSE: Yes. Well, I have, and also Investigator Holmes was just there yesterday. MS. CURLEY: What's going on? MS. PULSE: Mr. Nguyen did obtain a permit for his chain-link August 28, 2020 Page 116 fence and to demo a wood fence. He obtained that permit -- or applied for it on February 1st, 2020, was issued on February 1st, 2020, and it was CO'ed February 25th, 2020. On February 29th, we received another complaint into our office questioning why the permit was completed because there is still remaining wood fencing leaning on the neighbor's fence, which is what the original complaint was. So she was confused why this permit was completed when there's still wood fencing. Mr. Nguyen was made aware that there's still wood fencing. I made a site inspection and observed there's still wood fencing, and I have been advising him, but he doesn't see the wood fencing on his property so he doesn't believe it's there. MS. CURLEY: Is it his? MS. PULSE: It is. It's covered by vegetation. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I mean, he got a CO. MS. PULSE: The permit did not include the wood fencing that remains. It only included a very small portion on the permit. MS. CURLEY: This is pretty dodgy. CHAIRMAN KAUFMAN: Okay. The problem is that this, according to what we're looking at, has not been abated. MS. CURLEY: I mean -- CHAIRMAN KAUFMAN: So what was done on this, it appears that you got a permit for the chain-link fence but didn't get rid of the old fence that was there. MR. NGUYEN: Yes, I did. CHAIRMAN KAUFMAN: Okay. You said "yes, I did," and the code enforcement officer's saying "no, you didn't." That's where we are. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: Okay. August 28, 2020 Page 117 MR. NGUYEN: Therefore, I apply for remove old chain-link fence and wood fence and also permit for boundary chain-link fence. It passed that and get a CO for that. I do have, you know, the permit for remove old wood and chain-link fence. MS. CURLEY: Why would somebody have a chain-link fence and a wood fence? It just -- to me, I'm not able to see this -- and I know we're not hearing the case. But if the man got a permit, it means he had to submit a barrier survey, and then he installed -- removed an old chain-link fence, installed a new chain-link fence, and the county came out and gave him his CO in March, why in the world would he be responsible for a fence that's outside of his fence, which is appears -- it sounds like -- is it a wood fence that's leaning onto somebody else's property? If his property is chain-linked in, whatever's on the outside of it's -- MS. PULSE: He had both. He had a chain-link and a wood fence. People put up wood fences for more privacy. MS. CURLEY: But he said that he's got a whole -- he's got all chain link now; is that correct? MS. PULSE: Well, except for this section of wood fence that remains unpermitted -- MR. LETOURNEAU: Which was the basis for the complaint from the neighbor. MS. CURLEY: So why would he get a CO on the chain link? Does the fence not have to -- does the fence not have to be complete, start and finish? MS. PULSE: No. You can have sections of wood fencing, you know, but it was unpermitted to begin with. So someone installed that wood fencing sections, maybe 30 feet of it, not the entire perimeter of the property. CHAIRMAN KAUFMAN: Cristine, did you want to say something? August 28, 2020 Page 118 (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. So in discussing the situation with Mr. Nguyen, he does not believe that the photographs are of his property, and he wants to do his own investigation of going into the rear of his property. That's -- this section where the fence is located was not identified on the original survey, which is why the inspector CO'ed it, because that section was not identified as being removed. And, you know, as Dee indicated, there is some overgrowth vegetation. So the fence that remains is located in the rear yard, still visible from the neighbor, who filed the additional complaint. In showing Mr. Nguyen the photographs, he says, how do I know those are from my property? Until I do my investigation and I identify if that fence is on my property, I'll let you know, so you can come -- we've asked him -- Dee and another county employee have discussed with him, we'll go on site, we'll show you where this is located. I've showed him on the aerial photo, you know, on the aerial map where the fencing is located according to the investigators. And he says, once I do my investigation of where -- you know, if it's on my property, I'll have you guys come on, you know, to show me. He does have to clear, you know, a little way to get back there because of the overgrowth. But it falls down to where he just claims that he doesn't know where we took those photographs from even though they've testified to him as to where they are. He wants to see them for himself, and that's why he feels that he's in compliance, because he doesn't see it from his, you know, just open view, and that's where we stand. So there's -- to an extent, he does want additional time from the Board to be able to do his own investigation, as he said. CHAIRMAN KAUFMAN: Let me throw this out as a August 28, 2020 Page 119 suggestion. You've been there with the respondent and pointed to the part that needs to be removed? MS. PEREZ: From the aerial photo. MS. CURLEY: Okay. So -- CHAIRMAN KAUFMAN: My suggestion is is that we re-hear this thing on -- continue this till our next meeting, and you go out there. Somebody from Code Enforcement goes out there with the respondent and points it out. MS. BOWMAN: Since January, though? Since January he hasn't been able to walk to the back of the property? MS. CURLEY: No. Here's the thing. An aerial photo has a giant asterisk on it that says, this is not a survey. So as much as you want to use that as a tool to help educate somebody, that aerial survey, that line, does not dictate where his property line is in the real world. I mean, if you're going to make the man go get a survey, it's like you're believing the people -- the -- you said the lady called, and so what she's saying is all world real, but what the owner is saying is it's not mine. So you just can't believe one person because they're complaining. You just don't know who the fence belongs to. And until somebody provides evidence who owns that fence, I don't know how that -- CHAIRMAN KAUFMAN: Isn't that part of the inspection process, to know that the fence is put up on your property and not in a right-of-way or somebody else's property? MS. PEREZ: There is a chain-link fence that surrounds the entire property, and the fence that is in question is in the interior of Mr. Nguyen's property leaning up against his own chain-link fence. So the fence is on his -- within his property boundary. Oh, I'm sorry, on the neighbor's fence. It's leaning in between. MS. CURLEY: So is it inside his chain-link fence or outside August 28, 2020 Page 120 his chain-link fence? She just said inside. MS. PULSE: It's leaning on the neighbor's chain-link fence. MS. CURLEY: I just can't even figure out how this -- MS. PULSE: We've made several attempts to try to schedule an appointment to meet Mr. Nguyen on his property to physically show him where the fencing is, but we haven't been granted that inspection. MS. CURLEY: Yeah. But you don't have a survey. MS. BOWMAN: Can't you go on the neighbor's property and take photos from that side and -- MS. PULSE: We have. We have -- yesterday we were on that property with -- CHAIRMAN KAUFMAN: Well, we're not here to rehear it, so I don't know if we need to see photos or not. MR. LETOURNEAU: Mr. Chairman, at this point in time, the county believes that this dilapidated fence is on Mr. Nguyen's property. We haven't signed an affidavit of compliance. We're saying it's still in violation. If we want to continue it, that's fine. If we want to impose it, that's fine. But we're not here to argue whether or not the fence is on Mr. Nguyen's property. We're saying it's on Mr. Nguyen's property. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well -- but he got a fence installed, and so he must have had to provide a barrier to have a vendor come and put up a fence and to get his fencing permit. You have to provide -- MR. LETOURNEAU: What does that have to do with the dilapidated wood fence that we're talking about? MS. CURLEY: Well, because if he put his chain-link fence around his property and then the chain-link -- the wooden dilapidated fence that you're speaking about is beyond his property, it's not his. MR. LETOURNEAU: That doesn't -- that doesn't -- if you put August 28, 2020 Page 121 a chain-link fence -- you can put a chain-link fence anywhere on your property. MS. CURLEY: I understand that. MR. LETOURNEAU: It doesn't -- it doesn't say that the wood fence isn't still on his property either. MS. CURLEY: So how about the survey that he submitted to put his permit up? That -- you just -- somebody needs to provide the aerial and not an aerial map to -- MR. NGUYEN: May I say something? CHAIRMAN KAUFMAN: Go ahead. MR. NGUYEN: Can I say something? CHAIRMAN KAUFMAN: Yeah. MR. NGUYEN: Whatever -- Code Enforcement said the wood fence existing. I just want to verify, because of the overgrow -- and I don't know who it -- I don't know when or what happened to that fence, but I did apply to remove partial when we met out there after the hearing on January. So, therefore, I would like to know -- give me some time to remove that fence if I found them. I don't know. I don't know it exist, because it's overgrow and it past, like, half of the way around my lot. I never walk out there. CHAIRMAN KAUFMAN: Well, from January to now is around six months or greater. I would think that's plenty of time to do it. And if all you need to do is remove that wooden fence or get assessed $15,000, I think it would be in your best interest to remove the wooden fence. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: Or we can stand here, and we can argue back and forth. MR. NGUYEN: I didn't not know about that. I didn't not know about that wood fence. I did not. August 28, 2020 Page 122 CHAIRMAN KAUFMAN: The county hires this group of people, not us, this group of people to determine where the violation or no violation exists. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: So if they swear to it, they have no reason to lie. So that's the deal. MR. NGUYEN: That's what I'm asking them, please, show me where the fence because -- and then we walk it out -- CHAIRMAN KAUFMAN: Did they try to make an appointment with you to get out there and show you? MR. NGUYEN: I just talked to -- July. Because they send me the photo. I say, well, I don't know. You can take a photo everybody fence and then tell me that's my fence. CHAIRMAN KAUFMAN: Why would they take a photo of something else and say it's your fence? MS. CURLEY: Well, they're not allowed to do that. That's -- their job is to not -- MR. NGUYEN: Right. So that's why I say on July, I say, please, send me the photos and see where the wood fence, because exist -- I don't know until the bank tell me to get somebody to put the lease [sic] on your house. I don't even know about it. So I say, please, send me the photo where is the neighbor complain, and I'm going to find out if -- if -- if it exist in my side from my investigation, I invite all you guys coming out, okay, that's the part [sic]. CHAIRMAN KAUFMAN: That would be okay if you worked for Code Enforcement. You do not. Those are the people who are responsible for that, and if they tell you that that's what it is, then if you disagree with what they're doing, then you need to file an appeal on what's going on. In the meantime, we're arguing over if there's some wooden fence that needs to be removed, and the fine that has accrued so far is almost $16,000. August 28, 2020 Page 123 So what are we doing? Do you want to give this one to our next meeting? MR. NGUYEN: I would -- CHAIRMAN KAUFMAN: You make an appointment with these folks to go out there. They point out where it is. You remove it. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: And if you don't remove it, we'll impose the fine of $16,000. MR. NGUYEN: I agree with that, because I'm just asking only that question. Give me 30 day, and I go find out where that fence is myself. If I saw that, it existing, I invite everybody, whoever involved in that case, bring it over. Show me. Okay, that's it. Because that's what I did the last time. I say, show me where the spot you want me to remove or application for permit or -- CHAIRMAN KAUFMAN: We're just repeating ourselves, okay. Now, let's -- so this doesn't get dragged out, you make appointment -- this is if we agree to bring this back next month -- get an appointment, and that's the day you're out there. You don't show up for the appointment, they're there to point it out to you, that's a problem. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: You understand? MR. NGUYEN: I agree with you there. Can I have 30 days to do this? MS. CURLEY: No. They don't work for you. You work for them right now. So when they call you, you be there. MR. NGUYEN: Okay. MR. LETOURNEAU: Just a couple things, though. Dee, do you need to go onto Mr. Nguyen's property to see if the fence is August 28, 2020 Page 124 removed, or can you see it from the neighbor's property? MS. PULSE: I can see if it's removed from the neighbor's property. MR. LETOURNEAU: Okay, all right. So, Mr. Nguyen, just remove the fence. Call us up. Dee will come out there. If you want to let her on the property, that's fine. If you don't, we'll look from the neighbor's property, and that will be it at that point. CHAIRMAN KAUFMAN: We'll put this off till next month. MR. LETOURNEAU: Yes. The county will reschedule this for next month. All right. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: To have it removed by next month or to have him meet with them by next month? MR. LETOURNEAU: No. To have the fence removed by next month. He's had -- as far as the county's concerned, he's had plenty of time to take care of this. He's been notified many times that this is still a violation. To argue otherwise, the county feels that hopefully the Board would award the county's -- in the county's favor next time if this fence isn't removed. CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: It's going to be $3,000 more next month. MS. PULSE: Yeah. And the fines will continue. MR. NGUYEN: I agree with you that. I'm just asking for the time -- MS. BOWMAN: I'd like to make a motion that we continue this case -- CHAIRMAN KAUFMAN: Yeah, the county agreed to that already. Okay. This case is done. This case it done. MR. NGUYEN: All right. Thank you. CHAIRMAN KAUFMAN: Now, we're going to take a break. Chloe has an appointment that she has to go to. We have our August 28, 2020 Page 125 brand-new member that will participate in her position. MR. BLANCO: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. BLANCO: Did we vote on the last case? CHAIRMAN KAUFMAN: No. The county's pulling it. MR. BLANCO: Do we have to amend the agenda? MR. LETOURNEAU: Well, I mean, according to Mr. White, I think -- CHAIRMAN KAUFMAN: Okay. I make a motion that we amend the agenda to reflect the county removing that case from this meeting. MR. BLANCO: I'll second that. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WHITE: Thank you, Mr. Chair. (A brief recess was had from 12:42 p.m. to 12:58 p.m.) (Chloe Bowman is absent for the remainder of the meeting, and Danny Blanco is now a voting member.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. As you'll notice, Danny is now a voting member tonight. Tonight. Today. This afternoon. August 28, 2020 Page 126 Whatever. MR. BLANCO: I've been voting this whole time. CHAIRMAN KAUFMAN: I know. But what I do is I filter it. I don't count your vote. I'll count it now. MS. BUCHILLON: Okay. Next item on the agenda, under hearings, No. 10, CESD20190009030, Katherine M. Johnson TR. MR. TORRES: Good afternoon. (The speaker was duly sworn and indicated in the affirmative.) MR. TORRES: I do. Good afternoon. Investigator Junior Torres, Collier County Code Enforcement. This is in reference to Case No. CESD20190009030 dealing with violations of Collier County Land Development Code on 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) for an unpermitted lanai enclosure located at 1718 Bald Eagle Drive, Unit 513C in Naples, Florida, 34105. Folio: 61131640006. Service was given on August 12th, 2019. I would now like to present case evidence in the following exhibits: One photo taken by myself on January 26th, 2019, and a building determination completed by Jonathan Walsh. CHAIRMAN KAUFMAN: Okay. MR. TORRES: I received the complaint on July 26th, 2019, about a condominium with an unpermitted enclosed lanai. I then presented my findings, and a determination was done by the county building official where the lanai enclosure was found to be in violation. I then made contact with the daughter of the property owner, Leslie, via cell phone. I advised her of the complaint, and she advised she had power of attorney of the property, and then she applied for a permit. August 28, 2020 Page 127 Since then the permit has been in rejected status, and no attempts have been made to abate the violation, and the violation remains still to this time. MR. LETOURNEAU: The Board has to vote on accepting the evidence, please, so I can put it up. CHAIRMAN KAUFMAN: Okay. Make a motion to accept the evidence as dispensed. MR. DOINO: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. TORRES: There it is. CHAIRMAN KAUFMAN: Looks familiar. MR. LETOURNEAU: Then the determination. CHAIRMAN KAUFMAN: That's it. Just one photo? MR. LETOURNEAU: Just the one photo, and then the determination with Mr. Walsh saying it needs a permit. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: A year ago. CHAIRMAN KAUFMAN: So our job is to find out if a violation exists. MR. DOINO: Violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second August 28, 2020 Page 128 that a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a recommendation for us? MR. TORRES: Yes, sir. 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, must obtain all required Collier County building permits or demolition permits and request all inspections through certificate of completion or occupancy for the unpermitted lanai enclosure within X amount of days of this hearing, or fine of blank per day will be imposed until the violations are abated; Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do we have any -- anybody like to fill in the blanks on this? We need to be consistent with the other one, which was 120 days and $100 fine, if I'm not mistaken. August 28, 2020 Page 129 MS. CURLEY: Really? I picked 120? CHAIRMAN KAUFMAN: It was 120 days; is that correct? We can ask our court reporter. MS. CURLEY: That was a long time ago. MR. LETOURNEAU: Helen, can you give them that answer? MS. BUCHILLON: It was for Judy's, right? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: It was 120 days, and 150 a day. CHAIRMAN KAUFMAN: Hundred and fifty, okay. I have a half a good memory. Okay. So I make that motion that we -- MS. ELROD: Second. CHAIRMAN KAUFMAN: One hundred twenty days and $150 a day. MS. ELROD: Second. CHAIRMAN KAUFMAN: My motion. Seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Junior. MR. TORRES: Thank you. CHAIRMAN KAUFMAN: Do we have any more lanais? MS. BUCHILLON: Okay. Next item on the agenda, under imposition of fines, No. 5, CESD20180015070, Leonardo Hernandez. (The speaker was duly sworn and indicated in the affirmative.) August 28, 2020 Page 130 MR. AMBACH: I do. For the record, Chris Ambach, Code Enforcement. CHAIRMAN KAUFMAN: Welcome, Chris. MR. AMBACH: Thank you. MR. LETOURNEAU: Was there a letter on this one? CHAIRMAN KAUFMAN: I see you sitting back there all day and just dying to get up here. MR. AMBACH: I was. Yes, there is a letter on there. MR. LETOURNEAU: Do you want to read this first, or do you want us to go into our spiel and -- you might save Chris the time and deny the motion before he even has to say anything. CHAIRMAN KAUFMAN: This is the letter you're talking about? MS. CURLEY: I've read it. MR. LETOURNEAU: I haven't seen it. I just saw that it was in the file here. MR. AMBACH: Yes, sir. MS. CURLEY: I mean, we can interrupt and deny the county its funds without -- MR. LETOURNEAU: You've done it before, yeah. So I think that you could just -- on the basis of -- MS. CURLEY: Time saving. MR. LETOURNEAU: -- the operational costs and -- the operational costs have been paid, correct, Chris? MR. AMBACH: That's correct. MS. CURLEY: I'll make a motion that we deny the county's imposition of $9,000 fine and today's operating costs of 59.35. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? August 28, 2020 Page 131 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That didn't take long, did it, Chris? MR. AMBACH: No. Appreciate it. MS. CURLEY: Nice seeing you. MS. BUCHILLON: I just want to put on the record we notified the respondent certified mail and regular mail. CHAIRMAN KAUFMAN: Okay. Since they're not present, but I don't think they'll complain. MS. BUCHILLON: Okay. MS. CURLEY: That was a lot of work he did. MS. BUCHILLON: Okay. Next item on the agenda, under imposition of fines, No. 6, CESD20180014960, Joshua Thompson. Respondent's not present. We sent a notice of hearing certified and regular mail August 14th, and it was also posted on the property and courthouse August the 12th. (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: I do. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. This is dealing with a 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) located at 131 Lime Key Lane, Naples, Florida. Description is renovations/alterations of the mobile home August 28, 2020 Page 132 including, but not limited to, electric, plumbing, roof, and exterior work. Past orders: On August 29th, 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 violations. See attached order of the Board, OR5674, Page 3564, for more information. Violation has not been abated as of August 28, 2020. Fines and costs to date are as follows: The fines have accrued at a rate of $50 per day for the period from February 25th, 2020, to August 28th, 2020, 185 days. Total fine amount of $9,250. Fines continue to accrue. Previously assessed operational costs of $59.56 have been paid. Operational costs for today's hearing are $59.28. And the total amount is $9,309.28. Just for the record, I did talk to the respondent yesterday. He informed me he wasn't going to be able to attend the hearing. He didn't get me anything in writing. His plans with the mobile home now are to apply for a demo permit, which he just is starting -- he has not submitted it yet. But he told me he picked up the paperwork and now plans to demo that mobile home. CHAIRMAN KAUFMAN: Well, I think our hands are kind of tied on this one. Anybody like to make a motion? MS. CURLEY: I remember this. CHAIRMAN KAUFMAN: Hearing none, I make a motion that we impose the fine. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) August 28, 2020 Page 133 CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thank you, Ryan. MS. BUCHILLON: Next item on the agenda, No. 10, under imposition of fines, CELU20190012842, Steven J. Stilton estate. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: I remember this case also. Joe, this is litter that was outside? MR. MUCHA: Yes. CHAIRMAN KAUFMAN: And the respondent had passed away? MR. MUCHA: Right. And it's basically, like, squatters are staying at the property. MS. CURLEY: Is this Bayshore? MR. MUCHA: No. This is Westwind Estates out off Tamiami Trail. It's a mobile home park. MS. CURLEY: Oh, darn. CHAIRMAN KAUFMAN: Has anybody been in touch with the estate? MR. MUCHA: There's nobody. We haven't been able to get ahold of anybody, and it's been a problem there for a long time, the squatters staying there and, really, our hands are tied, you know. August 28, 2020 Page 134 MS. CURLEY: Well, did the order let the county proceed with anything? I mean, doesn't the order have that standard clause in it that says, you know, if they don't follow the stipulation, then the county can step in and demo or do what they need to be? MR. MUCHA: I don't think we could demo based on this order, but, I mean -- MS. CURLEY: Can we go and clean it up -- CHAIRMAN KAUFMAN: Is this a house -- MS. CURLEY: -- and they can bill the estate? CHAIRMAN KAUFMAN: -- or a trailer? MR. MUCHA: It's a mobile home. CHAIRMAN KAUFMAN: Is it located in a mobile home park? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Do they have an HOA? MR. MUCHA: I think this -- it's located in a mobile home park, but this particular property is not part of the mobile home -- it's kind of a weird situation. The first, like, few streets of the mobile home park aren't part of the mobile home park, but it's all one big -- CHAIRMAN KAUFMAN: Because, ordinarily, they can wind up owning the trailer. MR. MUCHA: Right, right. I don't -- I don't think that's going to happen in this situation, though. MS. CURLEY: But they -- I mean, the land, they own -- this person's trust owns the land, so... CHAIRMAN KAUFMAN: Well, we're trying to figure out a solution when what we need to do is impose the fine. MR. MUCHA: Yeah. I mean, unfortunately, until somebody comes along to do something with it. CHAIRMAN KAUFMAN: Do you want to read this into the record, or do you want us to just -- August 28, 2020 Page 135 MR. MUCHA: It's up to you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll give the county permission to -- CHAIRMAN KAUFMAN: Impose the fine. MS. CURLEY: -- impose the fine of $40,000 and also the 59.28 operational costs be paid. And fines continue to accrue; is that what happens? CHAIRMAN KAUFMAN: Yes. Okay. We have a motion. MS. ELROD: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MS. BUCHILLON: Just to put on the record, respondent notified by certified mail on August 13, and it was also posted at the property on August 12th and at the courthouse. CHAIRMAN KAUFMAN: Well, the respondent is deceased, so it would be the estate of was notified. And we have bee n unable to get ahold of the estate. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 19, CEAU20190007283, Manes Moricette and Thelia Moricette. Respondents were notified certified mail August 13, and it was also posted at the property and courthouse on August 12th. (The speaker was duly sworn and indicated in the affirmative.) August 28, 2020 Page 136 MR. MUCHA: I do. CHAIRMAN KAUFMAN: This is a case where it's been abated. MR. MUCHA: It's been abated. I think there's a language barrier, because we really were trying to get the gentleman to submit us a letter to just ask for the fines to be waived, and I don't know what the situation is, but we never got that letter and -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, based on No. C, it looks like this there was a previous thing that was cleared up, maybe some litter, trash, and that was it. It says previous violator. So that was cleaned up, and I think we extended this to give them more time to afford the fence? MR. MUCHA: No, I don't think -- there was not a continuance on this one. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Well, it's been abated, whatever it was. MS. CURLEY: And he gets an award for being one of three that actually did what they said they'd do. So I make a motion to deny the county's request for $18,900 in fines and also to deny the 59.42 in operational costs. MS. ELROD: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. August 28, 2020 Page 137 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. MS. BUCHILLON: Next item, under imposition of fines, No. 21, CESD20190002667, Maria Lozano, Ymelda Lozano Calderon, and Antonio Rico Cabrera. Respondent was notified certified mail and regular mail August 13, and posted on the property and courthouse August 12th. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Can you give me a minute to read the letter that's attached to this. Okay. Make a motion, Sue. MS. CURLEY: No. I'll let Danny do it. CHAIRMAN KAUFMAN: Danny, make a motion on this one. MR. BLANCO: Make a motion to deny the county's request for imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. August 28, 2020 Page 138 Thank you, Cristine. MS. CURLEY: What about the costs? CHAIRMAN KAUFMAN: And the costs for today's also. MR. BLANCO: Correct, yes. CHAIRMAN KAUFMAN: Which is 59.28. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 22, CESD20190002904, Johnny R. Mollett. Respondent was notified certified mail and regular mail August 13, and it was posted at the property and courthouse August 12th. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. Good afternoon. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to CEB Case No. CESD20190002904. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e). Site location is a vacant parcel with Folio No. 4150860000. Description was removal of vegetation from unpermitted, unimproved parcel with no permits. Past orders: On January 24, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5727, Page 2794, for more information. The violation has not been abated as of August 28, 2020. Fines have accrued at the rate of $200 per day for a period from April 24th, 2020, to August 28, 2020, 127 days, for a total fine amount of $25,400. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing of $59.28. Total amount is $25,518.56. August 28, 2020 Page 139 CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. Notification, Helen, was? MS. BUCHILLON: Oh, I already put it on the record. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Was the vegetation still being cleared, or was, like, a Stop Work Order or something put -- MS. PEREZ: Yeah, the vegetation was -- had stopped being cleared when the case was presented before you. Unfortunately, the property owner lives out of state. He had done the clearing, but he left [sic] back where he lives and has not been to Florida since then. The last communication directly with him was prior to the hearing to notify him that the case was being submitted to the hearing in December of 2019. We have had contact with a family member, a friend of the family since then, who just explained that the owner had some medical issues that he was addressing. But no communication has happened since. That time frame was February 24th of 2020. MR. BLANCO: Cristina, where is this property located? MS. PEREZ: This is located in the Estates. MR. BLANCO: Estates. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Danny? CHAIRMAN KAUFMAN: Do you want to make a motion? MR. BLANCO: My turn again? CHAIRMAN KAUFMAN: Sure. MR. BLANCO: Make a motion to grant the county's request for imposition of fines. CHAIRMAN KAUFMAN: Good. I second that. All in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. August 28, 2020 Page 140 CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, board members. MS. CURLEY: Do you want to include the fees also, Danny, when you say that? MR. BLANCO: Oh, and -- yes, that the respondent has to pay the operational costs for today's hearings in the amount of $59.28. MS. BUCHILLON: Next item on the agenda, under imposition of fines, No. 23, CEPM20190007369, RCS Holdings, LLC. Respondent was notified certified and regular mail August 13, and it was posted at the property and courthouse August 12th. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: I'm reading through this. A $15,000 fine for torn screens. MS. CURLEY: Is there more to this? I think there is. MR. MUCHA: There was more to it. They took care of the other issues. It was just they never took care of the screens. CHAIRMAN KAUFMAN: Has anybody been in contact with them? MR. MUCHA: I know the investigator's been trying. At some point he had communication with somebody, and they took care of some things. And then since then, it kind of went radio silent, so... MS. CURLEY: Do we know if it's listed for sale, that property? MR. MUCHA: I don't know off the top of my head, no. I wouldn't think so, but... CHAIRMAN KAUFMAN: Well, it hasn't been abated, and August 28, 2020 Page 141 they haven't paid the previously operational costs, so... MS. CURLEY: This is a perfect window, a COVID window right here we're looking at. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: March to now. CHAIRMAN KAUFMAN: I make a motion that we impose the fines. MR. DOINO: Second. CHAIRMAN KAUFMAN: Including the operational costs of 59.28. Motion. It's seconded. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: No, I oppose that. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Sorry. MR. MUCHA: Okay. MS. BUCHILLON: Next item on the agenda under motions to rescind previously issued order. One, CESD20190004841. Property was sold prior to our order being recorded. MS. CURLEY: So why are we rescinding it? MS. BUCHILLON: Colleen's coming. MR. LETOURNEAU: Because the new owner wasn't properly represented at the hearing. MS. CURLEY: Oh, they're insured to cover that, though, the fine. CHAIRMAN KAUFMAN: So what happens now? August 28, 2020 Page 142 MR. LETOURNEAU: I'm not sure about this case. I didn't really delve into this. MS. CURLEY: It was really sold. MR. LETOURNEAU: But, yeah. It was sold, and it wasn't recorded until -- Colleen will probably explain it better than I can, that's for sure. (The speaker was duly sworn and indicated in the affirmative.) MS. DAVIDSON: I do. For the record, Colleen Davidson, operations manager, Code Enforcement. This property was -- when it came to hearing, the property owner signed a stipulation four days before the hearing, and the day of the hearing, he sold the property. So the new recorded deed was recorded before our order was recorded. And we talked to the County Attorney's Office, and their suggestion was to rescind the order. MS. CURLEY: He sold us down the river. CHAIRMAN KAUFMAN: So now is this thing still in violation? MS. DAVIDSON: Correct. If there is a violation, then the investigator will work through with the new property owner, and that property owner has already been in contact. MS. CURLEY: Yeah. I make a motion to rescind the case -- or what do I have to say? CHAIRMAN KAUFMAN: That will do. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: Do we have a second? Yes. All those in favor? MS. ELROD: Aye. August 28, 2020 Page 143 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: That was sneaky. That was pretty smart thinking. MS. BUCHILLON: And then the last one under E, motion to amend previously issued order. This was an order that went to hearing for imposition of fines, and the condition was to deny the impositions with him paying the past due ops costs, which has never been paid. CHAIRMAN KAUFMAN: Ooh, I remember this. MS. CURLEY: I do, too. MR. LETOURNEAU: Is this where that gentleman came in that wanted to buy the property but was just kind of caretaking it at some point? MS. CURLEY: No. CHAIRMAN KAUFMAN: That was a different one. MS. CURLEY: No, that wasn't his name. That was -- I was thinking that was earlier. MR. LETOURNEAU: Yeah, me too. MS. CURLEY: Bayshore. CHAIRMAN KAUFMAN: Yeah, that was another one. MS. CURLEY: So explain that again. They want us to rescind this, but the stipulation for rescinding it was that he pay the fee? MS. BUCHILLON: To amend. We denied the -- you guys denied the imposition of fines with the condition of him paying the August 28, 2020 Page 144 past due ops cost. CHAIRMAN KAUFMAN: And he didn't pay them. MS. BUCHILLON: He didn't pay them. CHAIRMAN KAUFMAN: Well, then they become imposed. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: So we do -- we rescind this one and instate the other one. Does that do it automatically, or do you -- MR. LETOURNEAU: Colleen? (The speaker was duly sworn and indicated in the affirmative.) MS. DAVIDSON: I do. Again, Colleen Davidson, operations manager, Code Enforcement. When this was brought to you, the operational costs were not paid, and it's our understanding that you had relayed to us if they were not paid, that you wanted to know, so we brought it back in case there was anything you wanted to amend in that order, because the operational costs have yet to be paid at this time. CHAIRMAN KAUFMAN: Okay. MS. DAVIDSON: We can continue and leave the order as-is and impose the operational costs. That's up to the Board if they wanted to impose or amend the -- CHAIRMAN KAUFMAN: Were there other costs besides the operational costs? MS. DAVIDSON: There were. CHAIRMAN KAUFMAN: I'd like to impose everything. MS. DAVIDSON: That's why we wanted to bring it back under amend. CHAIRMAN KAUFMAN: Okay. So what type of motion would you like from us to do that? MS. CURLEY: Bring it back next month? CHAIRMAN KAUFMAN: I don't want to bring it back. August 28, 2020 Page 145 MS. ELROD: I have a question. This wasn't the deceased man? It wasn't the guy that was deceased with the car in the yard? CHAIRMAN KAUFMAN: No. This is litter. MR. BLANCO: I'm looking at the original order, and it shows, upon petitioner's timely receipt of the payment of operational costs, no additional incurred fines and/or costs shall be imposed. So I think in this case the only thing for the Board -- the only option would be to impose the operational costs because the imposition of fines were denied at that previous order. I mean, I will let the attorney figure that out, but... MS. DAVIDSON: Danny is correct. MS. CURLEY: Thanks, Danny. MS. DAVIDSON: So the original imposition of fine was denied because it was only 59.21 for operational costs. That has still yet to be paid. So if you would like to amend -- CHAIRMAN KAUFMAN: Hold on. We abated the fine based on them paying the operational costs. MS. DAVIDSON: Correct. CHAIRMAN KAUFMAN: They did not pay the operational costs, so the original agreement to abate the fine should also be rescinded. Am I right or wrong? MR. LETOURNEAU: You are correct. Is there original fines? MS. DAVIDSON: I'm looking at the finding of fact right now, and all it is is the 59.21. MS. CURLEY: We would have to -- MS. DAVIDSON: So that's why we brought it back as an amendment, because it's denied saying based upon paying the fees, we would not impose the $5,921. CHAIRMAN KAUFMAN: No. There had to have been some fine. 59.21 wasn't the actual fine. 59.21 was the court costs, if you August 28, 2020 Page 146 will. MS. CURLEY: It's probably overdue operational costs. MR. BLANCO: According to the order, the original violation was abated prior to the hearing. So we just imposed the operational costs for that hearing and, since they didn't pay it -- or we gave them the option, correct, to either pay it or -- MS. DAVIDSON: We brought it so that we could have -- because it was in compliance by the time it came to Code Enforcement Board. So we just came to get a finding -of-fact order so there were operational costs assessed. So there was no imposition of fine daily accrual. So all that was imposed that the Board had to denied [sic] was the 59.21; however -- CHAIRMAN KAUFMAN: I understand that. What I'm saying is if you have a case that comes before the Board -- and I don't care if it's in compliance or not -- the only -- if you have not paid the operational costs and it is in compliance, we'll still assess the violation and impose the fine, and that's what happened here, except they never came up with the money for the operational costs. So I'm saying that even though it came into compliance, I'd like to pull the original case on this thing and go back and review that because the deal was, you're going to pay the operational costs, and we're going to abate the fine. MR. LETOURNEAU: Okay. But didn't you just say that there wasn't any fines accumulated; that all there was was an operational cost? MS. DAVIDSON: Correct. MS. CURLEY: It was one of these weird ones where they had fixed everything before the fining started. It's 56 bucks. Can't we just send them another bill? I mean, let's be real. MR. LETOURNEAU: So we're just asking to impose the operational costs at this point. August 28, 2020 Page 147 MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. Do you want that as a motion? MR. LETOURNEAU: As you wish. CHAIRMAN KAUFMAN: Okay. I make a motion that we impose the operational costs of 59.21. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Was that the last case, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion to adjourn? MS. CURLEY: Make a motion to adjourn. MS. ELROD: Second. CHAIRMAN KAUFMAN: We're adjourned. ***** August 28, 2020 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :28 p.m. CODE E►,FOR ' ENT BOARD .fir`, I? RT K IS. AN, CHAIRMAN These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 148