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CEB Minutes 09/24/2020September 24, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, September 24, 2020 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Kathleen Elrod Herminio Ortega Chloe Bowman Barbara Ann Davis (Absent) Sue Curley (Absent) Ronald Doino (Absent) Danny Blanco (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Co ter COUnty Growth Management Department Code Enforcement Division Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 24, 2020 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice -Chair Kathleen Elrod, Member Ronald Doino, Member Chloe Bowman, Member Sue Curley, Member Herminio Ortega, Member Barbara Ann Davis, Alternate Danny Blanco, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME • CASE NO: CELU20190011289 OWNER: PELICAN LAKE PROPERTY OWNERS ASSOC OF COLLIER COUNTY INC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code, as amended, Sections 1.04.01(A) and 2.02.03. Observed paving of asphalt into the drainage easement as well as trailers, pavers, wood, signs, sign poles and other miscellaneous items being stored in the drainage easement. FOLIO NO: 66679503040 PROPERTY NO SITE ADDRESS ADDRESS: B. STIPULATIONS (NON -CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS • CASE NO: CESD20190010312 OWNER: Lois L Wolf OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(13)(1)(e)(i). Dock installed without required permits, inspections and certificate of completion. FOLIO NO: 65470600004 PROPERTY 212 Sharwood Dr, Naples, FL ADDRESS: 2. CASE NO: CELU20190013849 OWNER: NOAH'S ARK CHURCH INC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, as amended, Sections 1.04.01(A) and 2.02.03. Noah's Ark Church operating a food bank distribution operation, patron's are occupying more parking spaces then what is allocated to the church per the approved Administrative Parking Reduction approval letter. FOLIO NO: 35931080009 PROPERTY 11853 Collier Blvd, Naples, FL ADDRESS: CASE NO: CESD20190010308 OWNER: Jason R Stevens and Franni A Downing OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections and certificate of completion. FOLIO NO: 65470280000 PROPERTY 148 Sharwood Dr, Naples, FL ADDRESS: 4• CASE NO: CESD20190001005 OWNER: Ezequiel Camargo OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sectio10.02.06(B)(1)(a). Fence installation no permit obtained, detached structure with carport erected no permits obtained FOLIO NO: 41289520001 PROPERTY 3260 22°d Ave SE, Naples, FL ADDRESS: 5• CASE NO: CESD20190010279 OWNER: David M Turley and Kathryn A Turley OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Boat dock and lift installed without required permits, inspections and certificate of completion. FOLIO NO: 65475720002 PROPERTY 166 Oakwood Ct, Naples, FL ADDRESS: 6• CASE NO: CESD20180015979 OWNER: Robert A Quesenberry OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Closing in carport with wall and garage door. FOLIO NO: 81622720004 PROPERTY 171 Sugar Loaf Ln, Naples, FL ADDRESS: CASE NO: CESD20200002113 OWNER: MASTER CLEANERS PRO SERV INC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). An all -aluminum gazebo structure that was recently constructed without the required permitting. FOLIO NO: 51690040005 PROPERTY 2486 Tamiami Trail E, Naples, FL ADDRESS: CASE NO: CESD20170006435 OWNER: MIDLAND IRA INC SCOTT TOTH IRA OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Remodeling improvements to include electrical and plumbing made to the kitchen and bathrooms without Collier County Building Permits. FOLIO NO: 51493480008 PROPERTY 2224 Regal Way, Naples, FL ADDRESS: CASE NO: CEPM20190014027 OWNER: John D. Dimarco III OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(c) and 22- 231(12)(i). The primary structure needs repairs including but not limited to roof, siding and windows. FOLIO NO: 29831080005 PROPERTY 2978 Poplar St, Naples, FL ADDRESS: 10. CASE NO: CESD20190012149 OWNER: Massimo Maffei and Phyllis Lagrasta Maffei OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Renovation work being done without first obtaining the required Collier County permits and inspections. FOLIO NO: 33430320000 PROPERTY 10617 Winterview Dr, Naples, FL ADDRESS: 11. CASE NO: CESD20200000344 OWNER: Emily M Carroll Trust OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code, as amended, Section 12. 13. 14. 15. 10.02.06(B)(1)(a). An interior remodel of a kitchen and two bathrooms was observed including drywall, plumbing and electrical work. FOLIO NO: 35340280005 PROPERTY 878 Teryl Rd, Naples, FL ADDRESS: CASE NO: CEVR20200002676 OWNER: Timothy Susalla OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Vegetation clearing of an unimproved lot without a vegetation removal permit. FOLIO NO: 1214920506 PROPERTY 3 Plantation Dr, Everglades City, FL ADDRESS: CASE NO: CESD20190010332 OWNER: Michael J Medic and Anita L Medic OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A dock installed without required permits, inspections and certificate of completion. FOLIO NO: 65471440001 PROPERTY 380 Sharwood Dr, Naples, FL ADDRESS: CASE NO: CESD20190014719 OWNER: Ulysses Nabal Jaen OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Storage shed built without the required Collier County building permits, inspections and certificate of completion. FOLIO NO: 38104720009 PROPERTY 2890 68' St SW, Naples, FL ADDRESS: CASE NO: CESD20200002795 OWNER: Robert J Fiorillo Living Trust OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Exterior screen porch removed without a demolition permit. Any new construction will require a permit. FOLIO NO: 725200004 PROPERTY 1392 Henderson Creek Dr, Naples, FL ADDRESS: 16. 17. 18. 19. 20. CASE NO: CESD20190010331 OWNER: Thomas P Ryan Trust OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A dock installed without required permits, inspections and certificate of completion. FOLIO NO: 65471400009 PROPERTY 372 Sharwood Dr, Naples, FL ADDRESS: CASE NO: CESD20200001366 OWNER: Nicole Vincent OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Rear addition/alteration built without permit. FOLIO NO: 25967801767 PROPERTY 14523 Abiaka Way, Naples, FL ADDRESS: CASE NO: CESD20180015246 OWNER: Leonard I Heller OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Altered electrical panel in garage, unpermitted kitchen remodel, altered electrical panel in garage and unpermitted conversion of an open porch to an enclosed room. FOLIO NO: 36663240006 PROPERTY 4411 3' Ave NW, Naples, FL ADDRESS: CASE NO: CEPM20190012216 OWNER: David Dixon Caserta, Ashley J Caserta and David Caserta OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, 6tn Edition (2017), Chapter 4, Section 454.2.17. Residential swimming pool without required approved safety barrier. FOLIO NO: 82538520009 PROPERTY 214 Kirtland Dr, Naples, FL ADDRESS: CASE NO: CESD20190005671 OWNER: Joann Madden OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alteration by building an entry/storage area without permit. Must address voided permit #PRBD20180423681 and expired permit #PRBD20171146692. FOLIO NO: 81620400009 PROPERTY 191 Islamorada Ln, Naples, FL ADDRESS: 21 • CASE NO: CESD20190010307 OWNER: Juan C Alcantara Jr and Lindsay M Alcantara OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required Collier County Building permits. FOLIO NO: 65470240008 PROPERTY 140 Sharwood Dr, Naples, FL ADDRESS: 22• CASE NO: CESD20200001059 OWNER: St Luc Charelus and Masina Charelus OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Rear addition/alteration built without permit. FOLIO NO: 25967801628 PROPERTY 14522 Abiaka Way, Naples, FL ADDRESS: 23• CASE NO: CESD20190010316 OWNER: Albert F Lepree and Lorraine M Fotiou OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections and certificate of completion. FOLIO NO: 65470760009 PROPERTY 244 Sharwood Dr, Naples, FL ADDRESS: 24• CASE NO: CESD20200005038 OWNER: Louise Dever OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Wooden steps/structure built without permit. FOLIO NO: 396320009 PROPERTY 143 Eagle, Naples, FL ADDRESS: 25• CASE NO: CESD20190010323 OWNER: Fred P Grunst and Joanne R Grunst OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections and certificate of completion. FOLIO NO: 65471080005 PROPERTY 308 Sharwood Dr, Naples, FL ADDRESS: 26• CASE NO: CESD20190013107 OWNER: James Wuschke OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior renovations to the unit without the required Collier County permits and inspections. FOLIO NO: 31530400000 PROPERTY 3826 Exchange Ave, Unit 110, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE -HEARING CASE NO: CESD20190008083 OWNER: Jantina Jo Hanna OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A mobile home that has had extensive interior modifications, a separate garage building structure, and an accessory structure on the rear of this property do not have the required permitting, inspections and approval from the County. FOLIO NO: 53352760003 PROPERTY 3061 Lunar St, Naples, FL ADDRESS: C. MOTION FOR IMPOSITION OF FINES/LIENS • CASE NO: CEPM20180011817 OWNER: Hazen L Allen and Maria A Allen OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c) and Florida Building Code, 6t' Edition (2017), Section 454.2.17. Residential swimming barrier requirement. 2. 4. 5. FOLIO NO: 38331640004 PROPERTY 6191 Green Blvd, Naples, FL ADDRESS: CASE NO: CESD20180006671 OWNER: Anthony High and Veronica Andis-High OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) and Florida Building Code, Chapter 1, Section 105.1. Alteration/additions commenced prior to obtaining required Collier County building permits. FOLIO NO: 80221880003 PROPERTY 9512 Chelford Ct, Naples, FL ADDRESS: CASE NO: CESD20190004631 OWNER: Luis Rios Centeno OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Addition/alteration to mobile home and added shed without obtaining required Collier County permits. FOLIO NO: 293700006 PROPERTY 301 Fillmore St, Naples, FL ADDRESS: CASE NO: CESD20190000550 OWNER: 12275 COLLIER BLVD LAND TRUST OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A drop ceiling with electric constructed without first obtaining the authorization of the required permit inspections, and certificate of occupancy as required by the Collier County Building Department. FOLIO NO: 35778600008 PROPERTY 12275 Collier Blvd, Unit 6, Naples, FL ADDRESS: CASE NO: CESD20190007550 OWNER: Julian Pereira and Maria E Lopez OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two sheds built and/or placed on the Property without permits. FOLIO NO: 25967802481 PROPERTY 14708 Apalachee St, Naples, FL ADDRESS: 6. 7. 10. CASE NO: CESD20190002990 OWNER: Lunel Napoleon OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition/structure added to the rear of the home without a permit. FOLIO NO: 77390001522 PROPERTY 13485 Koinonia Dr, Naples, FL ADDRESS: CASE NO: CESD20180002262 OWNER: CTPML, LLC OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior alterations commenced prior to obtaining proper Collier County permits. FOLIO NO: 00384600003 PROPERTY 213 and 261 Airport Rd S, Naples, FL ADDRESS: CASE NO: CESD20160011175 OWNER: Maria O Jimenez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 PROPERTY 5326 Trammell St, Naples, FL ADDRESS: CASE NO: CESD20180015605 OWNER: Michael J Riccio and Regina A Riccio OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Staircase leading to a second floor with a room and loft was observed without a required Collier County Permit. FOLIO NO: 53057000000 PROPERTY 2116 Buckingham Ln, Naples, FL ADDRESS: CASE NO: CESD20180008044 OWNER: Paul A Burcky and Cathleen T Burcky OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Allowed numerous permits to expire and installed irrigation system, new windows, and a cupola on the roof without obtaining required Collier County permits. FOLIO NO: 26480720007 PROPERTY 4425 North Rd, Naples, FL ADDRESS: 11. CASE NO: CESD20190003992 OWNER: Adolphe Antoine and Nahomie Plancher OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Structure built without a Collier County Building Permit. FOLIO NO: 68843320003 PROPERTY 6031 Hollow Dr, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE 1 • CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE - THURSDAY, SEPTEMBER 24, 2020 AT 9:OOAM XIV.ADJOURN September 24, 2020 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Note: Respondent may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceeding 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. That's a mouthful. Okay. Let's all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start with the roll call. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: And Mr. Ortega was supposed to be September 24, 2020 Page 3 here. CHAIRMAN KAUFMAN: Well, he may show up at 9:07 or so. You never can tell. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. Can I get a motion to approve the minutes. MS. ELROD: Motion to approve. MS. BOWMAN: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And that moves us to the agenda, and there may be a few changes. MS. BUCHILLON: Yes, sir. First change to the agenda under No. 6, old business, B, motion for rehearing, Case No. 1, CESD20190008083, will be moved to under 5, public hearings/motions for motion for rehearing. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We also have another extension that we added to the agenda. Under motion for extension of time, No. 2, CESD20200001254, Jean Fortin. Now we can start with the stipulations. First stipulation, No. 24, CESD20200005038, Louise Dever. September 24, 2020 Page 4 Number 15, CESD20200002795, Robert J. Fiorillo Trust. Number 7, CESD20200002113, Master Cleaners Pro Service, Inc. (Herminio Ortega is now present in the boardroom.) MS. BUCHILLON: Number 4, CESD20190001005, Ezequiel Camargo. Number 22, CESD20200001059, St. Luc and Masina Charelus. Number 10, CESD20190012149, Massimo Maffei and Phyllis L. Maffei. Number 14, CESD20190014719, Ulysses Nabal Jaen. Number 5, CESD20190010279, David M. Turley and Kathryn A. Turley. Number 20, CESD20190005671, Joann Madden. Number 21, CESD20190010307, Juan C. Alcantara, Jr., and Lindsay M. Alcantara. Number 23, CESD20190010316, Albert F. Lepree and Lorraine M. Fotiou. Number 1, CESD20190010312, Lois L. Wolf. Those are all the stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Now we have the withdrawals. Under hearings, No. 2, CELU20190013849, Noah's Ark Church, Inc., has been withdrawn. They have obtained legal services. Number 6, CESD20180015979, Robert A. Quesenberry, has been withdrawn due to compliance efforts. Number 8, CESD20170006435, Midland IRA, Inc., Scott Toth, has been withdrawn. Permit was reactivated. Number 9, CEPM20190014027, John Dimarco, III, has been withdrawn. Respondent requested a continuance and will be rescheduled for next month. Number 11, CESD20200000344, Emily M. Carroll Trust, has September 24, 2020 Page 5 been withdrawn and will be rescheduled for the next hearing. Number 12, CEVR20200002676, Timothy Susalla, has been withdrawn. It will be rescheduled for the next hearing. Number 16, CESD20190010331, Thomas P. Ryan Trust, has been withdrawn. Compliance efforts. Number 17, CESD20200001366, has been withdrawn and will be rescheduled for the next hearing. Number 19, CEPM20190012216, David Dixon Caserta, Ashley J. Caserta, and David Caserta, has been withdrawn. They came into compliance. Number 25, CESD20190010320 -- I mean, 23, I'm sorry. It was withdrawn due to medical reasons. Under motion for imposition of fines, No. 1, CEPM20180011817, Hazen L. Allen and Maria A. Allen, has been withdrawn due to review ownership. Number 7, CESD20180002262, CTPML, LLC, has been withdrawn due to compliance efforts. Number 8, CESD20160011175, Maria O. Jimenez, has been withdrawn due to compliance efforts. Number 9, CESD20180015605, Michael J. Riccio and Regina A. Riccio, has been withdrawn and will be rescheduled for the next hearing. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to approve the agenda as modified. MS. ELROD: Motion to approve. MS. BOWMAN: Motion to approve. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. September 24, 2020 Page 6 MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And I was off by a minute when I said that Herminio would be here at 9:07. He was here at 9:06, so you're a minute early. MR. ORTEGA: I got stopped talking along the way. CHAIRMAN KAUFMAN: Okay. Which brings us to our first -- MS. BUCHILLON: First case under public hearings, A, motion, motion for rehearing, Case CESD20190008083, Jantina Jo Hanna. CHAIRMAN KAUFMAN: What number under hearings is that? MS. BUCHILLON: That one is under -- it's under 6, old business, under motion for rehearing. But it shouldn't be on there, so we moved it up. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. HANNA: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning, sir. CHAIRMAN KAUFMAN: Could you state your name on the mic for -- MS. HANNA: Jantina Hanna. MS. SIRECI: Nicole Sireci (phonetic). CHAIRMAN KAUFMAN: Okay. We know who you are. September 24, 2020 Page 7 MR. JOHNSON: I'm wearing a mask. CHAIRMAN KAUFMAN: Okay. Why don't you go first. MS. HANNA: Okay. I'm requesting a rehearing based on the grounds that the decision and evidence presented at the last meeting where I couldn't be at because the quarantine of COVID -- how do you say that? -- prevented me of coming here. So I couldn't present you with the evidence I had. And the hearing -- the last hearing involved an error in the ruling of law which was fundamental due to your decision of the Board. So I'm requesting a rehearing. CHAIRMAN KAUFMAN: Okay. And the county says? MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. Mr. Letourneau, can you assist on this? MR. LETOURNEAU: I can. The county would like to hear what the error was, actually. She said there was an error. What would be that error? MR. JOHNSON: Okay. In April 2016 I purchased a mobile home on 3061 Lunar Street in Naples. My plan was to divide the home in several small studios. My goal was to create a legit sober house for recovering addicts; this to help them get back to their feet and obtain jobs and become legit contributing members of the society. Before starting any work, I went to Collier County Growth Management to obtain permits for this job. There I was told by Luis Hernandez, an employee of Collier County Growth Management, that I did not need a permit to do the work as planned, as it concerned a mobile home. I also applied for a license to house a larger number of people than what was the norm. Was told by the Zoning Department that there was no objection to this, and I was issued a family care facility license. At that time there were no restrictions laid on me about the September 24, 2020 Page 8 number of occupants. As I applied for the license, I was in company of Chris Harmon, at the time the inspector of Code Enforcement for this area. I was working with Chris Harmon and talking about him about the plans I had with the house, the layout. CHAIRMAN KAUFMAN: We're not here to hear the whole case. I think the question from the county was, what was in error? MS. HANNA: Okay. I'm getting to that. All the work on the mobile home was done before August 2016 when we officially opened the doors to receive residents. Now, several years later after Hurricane Irma hit our coast, the rules have changed. The rules have changed the regulations of the Building Code, and now you require owners to obtain permits to alter mobile homes and/or to replace structures on the lots. The rules changed December 31, 2017. Keep in mind, I did the remodeling in April to July 2016. I have not found any evidence that I could not do this work at that time, so I think it's up to the Code Enforcement to show me where there is evidence that I could not do the work at that time, as I was told, specifically, I did not need permits. MR. LETOURNEAU: Correct me if I'm wrong, Mr. Johnson. When we presented evidence at the hearing, one piece of the evidence was a determination from the Collier County Building Official that permits were required for the improvements to this property, correct? MR. JOHNSON: That is correct. And in addition to that, I have a memo here from Jonathan Walsh, the head of building inspector -- official, and he speaks to this -- and, actually, I think, Jantina, you have a copy of this. It was sent to you and copied to us. And this was sent on August 5th, 2020. And it says here, from Jonathan, I cannot speak to the legal aspects of what use you are September 24, 2020 Page 9 allowed by license from the State which is, you know, not part of this case. What I can state is that the noted improvements would require building permits, even the mobile home modifications, as you have changed the use of it by dividing it up and creating independent access. As you stated below, you installed two exit doors, two bathrooms, et cetera, for individual use not consistent with the approved and issued use of the mobile home as a single-family residence. MR. LETOURNEAU: So, at this point the county doesn't believe there was an error at all as far as the evidence. MS. HANNA: No. Jonathan Walsh, his email goes further. I need my phone for that. CHAIRMAN KAUFMAN: Well, why don't you finish what you're saying, Jeff. MR. LETOURNEAU: Well, I'm just saying that the county's stand is that there was no error during the hearing as far as evidence presented in that we believe it was a pretty simple case of you did something without permits. We told you you needed to get permits; you didn't get them. We had to bring you to a hearing, and the building official agreed with us. That's the county's stand at this point. CHAIRMAN KAUFMAN: Okay. Good summary. Now the respondent. MS. HANNA: I'm sorry. I didn't know this would come up. I know in the same email Jonathan Walsh tells me that he would look further into the case to see if I am right yes or no, because there's no evidence that I needed permits to do this work before they changed the rules in December 2017 after Hurricane Irma. So that email from Jonathan Walsh is actually not really -- it's kind of neutral because, yes, it says now if I did the work, now, after. Say, I started January 1st, 2018, I would need permits to do this September 24, 2020 Page 10 work. But before December 31st, 2017, I did not need the permits, so that's kind of the question. CHAIRMAN KAUFMAN: Okay. Let me stop you a second. What we're here for is -- is this a hearing or a request for a rehearing? MS. HANNA: It's a request for a rehearing because -- CHAIRMAN KAUFMAN: Okay. So, we don't need to listen to the whole case. MS. HANNA: Okay. CHAIRMAN KAUFMAN: So, you're requesting a rehearing. MS. HANNA: Uh-huh. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: Correct. And I've put on the overhead here the rule as far as rehearings for the Code Enforcement Board, and the county's argument is that the evidence presented at the hearing was correct, you know, at the time of the hearing, so... CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: I think the confusion here is that what she's stating, that after December 31st, it's when the new code kicked in, the 2017 Florida Building Code cycle, but what that does not have nothing [sic] to do with is the change of use, and that's what triggers a permit. So you're right with regards to before December 31st when the new code kicked in, you didn't need a permit. MS. HANNA: No. MR. ORTEGA: But when -- even if you didn't go through a change of use, now you do if you're in a flood zone. But when you go through a change of use, that does trigger a permit, and that's what you did. CHAIRMAN KAUFMAN: And that's what is being said by the building official. MR. ORTEGA: Right. CHAIRMAN KAUFMAN: Okay. September 24, 2020 Page 11 MR. JOHNSON: If I may, there's also a garage and an accessory structure shed that was not permitted. This was all -- I mean, I don't know if it's appropriate, Mr. Letourneau or the attorney; we do have your previous finding of fact on this case, and it does designate it's not just the modifications to the mobile home, but -- that's in the file. That's in the case file there, jeff. MR. LETOURNEAU: Yeah. I'm going to dig it up real quick here. MR. JOHNSON: Yeah. And, you know, the ruling is not just for the mobile home is what we're saying. But -- CHAIRMAN KAUFMAN: Was the use discussed in the initial charge? MR. JOHNSON: No. But here's the thing -- and I'm reading this. I don't know how to enter this into the case, but it says -- I mean, very simply from Mr. Walsh, and this is post my determination with Mr. Walsh that he determined that a violation exists, that this requires permits. So that's the initial. This is a follow-up with Ms. Jo Hannah. And he says, I can state that the noted improvements would require building permits. I mean, he's not saying it should have or maybe does. It requires building permits. I don't think there's any other way to look at that, my opinion. CHAIRMAN KAUFMAN: Okay. MS. HANNA: Can I say something? CHAIRMAN KAUFMAN: Yes, sure. MS. HANNA: If you change the law and something already there in place, you cannot retroactivate the rules to an existing situation. So, the sober house was already in place. It was already running. So, when they changed rules, they can't say, okay, now the rules count for everything what happened before. Yes, if I would September 24, 2020 Page 12 apply for a permit now, they can say okay, you have to bring this mobile home up to the state. We require now; otherwise, we won't give you a permit. But the situation is existing, and it was existing before they changed the rules. CHAIRMAN KAUFMAN: Okay. MS. HANNA: So, they cannot say, okay, because we changed the rules, now you have to change the use. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: Investigator Johnson, when was the determination done by the building official? After the 2017 date that she's talking about? MR. JOHNSON: Let me see if I have it in here, the exact date. It would be in the case notes. I'd have to look in the case notes to determine the exact date. MR. LETOURNEAU: Well, I mean, when was the case opened? MR. JOHNSON: July 3rd, 2019. MR. LETOURNEAU: So, obviously, the determination was done after that. MR. JOHNSON: Correct. MR. LETOURNEAU: I'm sure the building official took into account all the extenuating circumstances when he did the determination, including the evidence that she's presenting at this point. MR. JOHNSON: Agreed. MR. LETOURNEAU: So, the building official was well aware of any changes to the building code at that particular time and made his decisions, you know, saying that the property was in violation at that time. CHAIRMAN KAUFMAN: Okay. My question -- this is for a rehearing. So, my question to the Board is, was there something at September 24, 2020 Page 13 the last hearing that was not proper based on the evidence that was before us at that time? So that's for the Board. I don't believe anything came up at that time. Notice was given at the prior hearing, Helen, that the -- did the respondent reply to that? MS. BUCHILLON: Yes. MS. HANNA: But the notice was given in 2019, which was two years after the rules changed. CHAIRMAN KAUFMAN: No, I'm not talking about that. I'm talking about the case that was heard at the last meeting. MS. HANNA: Yeah. CHAIRMAN KAUFMAN: Okay, in August. So, if the case was heard and you were notified properly, why wasn't this brought up at that meeting? MS. HANNA: Because I couldn't attend the meeting at that time. CHAIRMAN KAUFMAN: Were you notified that the meeting was going to be held? MS. HANNA: I was -- I wrote several letters to Code Enforcement with the reasons stating why I couldn't attend the meeting. CHAIRMAN KAUFMAN: Did you request a change of the date for the meeting? MS. HANNA: Yes, I did. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: And we did that. How many; twice? I believe twice we moved this hearing. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Per her request. I mean, you know, she made valid requests, and we moved it. CHAIRMAN KAUFMAN: Okay. MS. HANNA: I made official request to -- September 24, 2020 Page 14 CHAIRMAN KAUFMAN: He just said that. MS. HANNA: Yeah. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: So, I have a question. The change in use, did that code change from prior to 2017 to 2017? MR. JOHNSON: I don't know the answer to that. MR. LEFEBVRE: I guess the question I have is, would a permit be needed to do change in use prior to 2017? MR. ORTEGA: Yes. MR. LEFEBVRE: Yes. And it's required now, correct? MR. ORTEGA: Yes. MR. LEFEBVRE: Okay. So, if the ruling's based on that, she could not be grandfathered in, because a permit would be required in 2016. MR. ORTEGA: Right. But the confusion here is that when you modify a trailer -- a trailer doesn't -- it's part of DOT, Department of Transportation. It's not part of the Florida Building Code; however, if you're in a flood zone, the current code now, then you do have to apply for a permit. But that has nothing to do with the change of use. So, if you're modifying the structure, the trailer, which occurred, for a change of use, that portion of it does have to be permitted. Again, if it was -- if the modification was completed prior to the code change but there was no change of use, then you wouldn't be required to have a permit because you're part of DOT. But when the 2017 Florida Building Code kicked in, that all changed. So, if you're in a flood zone, you will need a permit regardless. MS. HANNA: Can I say something? I was -- I told you, I was in company of Chris Harmon who is -- who was at that time Code September 24, 2020 Page 15 Enforcement inspector in our area. He went with me to Zoning to apply a permit -- how do you say that? -- to apply that I could start the sober house there. There was no question at that time. MR. ORTEGA: I commend you on that, really. But you have two different departments now. You said Planning Department. The Planning Department has their own rules, as does the Building Department. MS. HANNA: But I was there with a representative of the Code Enforcement. MR. ORTEGA: Code enforcement is a total different branch than the Building Department. MS. HANNA: I understand, but there was no -- at that time there was no question about what I was doing to the mobile home from Code Enforcement. MR. ORTEGA: Again, that's not Code Enforcement's job. MS. HANNA: Even -- it was so far that the inspector -- the inspector of the Code enforcement's who knew what I was doing to the mobile home. He was very well aware of it. MR. ORTEGA: That determination must be made by -- MR. LETOURNEAU: I would object. The Code Enforcement investigator had no bearing on any kind of determination of what she could do with that property. We get that information either from Zoning or the Building Department. CHAIRMAN KAUFMAN: Yeah. Let me just -- let me shorten -- MR. LEFEBVRE: Motion to deny. CHAIRMAN KAUFMAN: We have a motion to deny. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. Let me just make a comment. If the fire inspector had September 24, 2020 Page 16 said -- I'm just making this up now -- that it's not in compliance, irrespective of what code says, that overrules it, or the Health Department, that would also overrule that. So, I just want to make that plain. You're requesting a rehearing. MS. HANNA: Yes. CHAIRMAN KAUFMAN: We have a motion and a second to deny the rehearing. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: If I may, it's Patrick White. Would the motion maker and second be willing to amend the motion to read that the denial is based on the fact that the decision was not contrary to the evidence, nor that the hearing involved an error on a ruling of law that was fundamental to the decision of the Board? CHAIRMAN KAUFMAN: Can we do that? MR. LEFEBVRE: Yes. MS. BOWMAN: Yes. CHAIRMAN KAUFMAN: Second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Done. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. September 24, 2020 Page 17 So, your request for rehearing is denied. Now you have -- you can go farther with this to the District Court or wherever, but as far as Code Enforcement, this is done. MS. HANNA: Thank you. MR. LEFEBVRE: Now, just a technical question regarding fines. Since she asked for rehearing, are the fines still accruing, or does that put the fines in abatement until this hearing? Just -- MR. LETOURNEAU: When was the compliance date? MR. LEFEBVRE: August 12th. MR. JOHNSON: Can you share my screen? They could see their finding of fact from what they did. MR. LETOURNEAU: I've been looking through your whole presentation -- (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: I believe the fines continue to accrue. MR. JOHNSON: It's in the I drive. MR. LETOURNEAU: I'm in the I drive. MR. LEFEBVRE: August 20. (Simultaneous crosstalk.) MR. LETOURNEAU: Well, what's it under? MR. JOHNSON: My case. This case. MR. LETOURNEAU: I'm in your case, sir. MR. JOHNSON: Bottom case in the list. MR. LEFEBVRE: It says August 20th. MR. LETOURNEAU: I'm in your case, John. I'm looking. I don't see the order anywhere in here. MR. LEFEBVRE: Just to clear it up, August 22nd, 2020, a fine of -- MR. LETOURNEAU: Okay. So as of that date, fines are accruing. September 24, 2020 Page 18 MR. LEFEBVRE: I just want to be clear on that. CHAIRMAN KAUFMAN: Okay. They continue. Okay. This case is done. MR. LETOURNEAU: Okay. Thank you. CHAIRMAN KAUFMAN: Did you find what you were looking for, Jeff? MR. LETOURNEAU: No. CHAIRMAN KAUFMAN: Okay. Would you like to borrow some glasses? MR. WHITE: I would just note for the record that the same rule that was up before under Subsection Q of Article 9 of your rules, that it states that the order shall be stayed until the motion for rehearing has been disposed of. So, the time period from August 22nd until today, my belief is that if a court were to consider the matter, that the fines would not begin to accrue until today. MS. HANNA: What does that mean? MS. BOWMAN: It means that you didn't accrue any fines during the period of August -- MS. HANNA: Can't hear you. MR. LEFEBVRE: Speak up. MS. BOWMAN: It means that you didn't accrue any fine between August 25th and today. MR. WHITE: Twenty-second. MS. BOWMAN: But they start today. CHAIRMAN KAUFMAN: Patrick. MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: I disagree with that. Not the rule, but if the Board found in violation and stated that the fine is X amount of dollars, starting on a particular date, unless it's overturned and we have a rehearing, I find that that's a little bit in left field. MR. LEFEBVRE: Well, if that's what the -- September 24, 2020 Page 19 CHAIRMAN KAUFMAN: Well, does it say if they're -- if their -- if their appeal was approved or not? MR. WHITE: Well, the motion for rehearing, of course, is not an appeal. It is simply an opportunity for the respondent to ask under the grounds that they did not provide sufficient -- CHAIRMAN KAUFMAN: For a rehearing. MR. WHITE: Right. So, what it tolls is the order. In other words, anything involving the date for when the fines should have began isn't in effect. The order itself has been tolled. The order will not take effect until the order denying the rehearing has been received by the respondent. That will be the technical date on which the fines should begin to accrue, in my opinion. CHAIRMAN KAUFMAN: Okay. Well, we have a difference of opinion, but that's the way it is. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. MS. HANNA: Now, are you going to charge me the fine from August 24? CHAIRMAN KAUFMAN: That's what Patrick White is saying; that you shouldn't be charged from August to now. MR. WHITE: Okay. MS. BOWMAN: Regardless, she has the ability to abate the issue -- CHAIRMAN KAUFMAN: Correct. MS. BOWMAN: -- and have the fees waived at a later date. But as of right now, you still have to go back and do the proper permitting. MS. HANNA: Okay. I've been looking into the permitting. I've been told that it's impossible, basically, to get a permit for the house until I bring everything back to the state it was. MS. BOWMAN: Okay. September 24, 2020 Page 20 MS. HANNA: So, the only option I have is to apply for a demolition permit. But we're talking about a number of people living in this house. Can I put them on the street tomorrow? CHAIRMAN KAUFMAN: That's not the issue before the Board. This case is closed. MS. HANNA: That is the issue I'm dealing with. I mean, I have a several people living there who are in recovery whose lives are in danger, and what you're telling me now is, basically, I would have to put these people on the street. CHAIRMAN KAUFMAN: I'm not saying that at all. That's not -- MS. HANNA: I hope -- that's the decision you just made. CHAIRMAN KAUFMAN: No, it isn't. We closed this case that was heard last month. MS. HANNA: Unfortunately -- CHAIRMAN KAUFMAN: And the -- MS. HANNA: -- the fact of life is that these people will be on the street because I can't afford the fine. So, the only option I have at the moment is to obtain a demolition permit with means all these people will be living on the street. I have to throw them out. These people are just getting back on their feet getting jobs. You know, we're not talking about things. We're talking -- the lady that's standing next to me is five years sober. She's got her life together. Come out of prison; got her life back together; got her son back, yeah. And now I have to tell her that she'll be on the street tomorrow. CHAIRMAN KAUFMAN: The whole point -- I don't have any thought on what you can do as far as telling these people. I only know what the order says, and the violation that occurred. That's what we know on the Board. That's what we issue, the finding of fact and the conclusion of law. That's all we can do. September 24, 2020 Page 21 MS. HANNA: I understand. CHAIRMAN KAUFMAN: Now, you can appeal this -- you can appeal this to the Board of County Commissioners. You could take it to the District Court. You have several alternatives. MS. HANNA: Yeah. CHAIRMAN KAUFMAN: But nobody's going to -- nobody's going to, you know, force you to take somebody and put them on the street. And I'm sure there are other places people can go, but that's not the purvey [sic] of Code Enforcement Board. MS. HANNA: I understand. I just want you to know that your decision today will put these people back on the street. CHAIRMAN KAUFMAN: Our decision today was to uphold the rule that was -- that was listed last -- at the last meeting in August. MS. HANNA: I understand, but you haven't even considered the fact that the rules changed in 2017. CHAIRMAN KAUFMAN: We have already gone through that. (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: This case is closed. MR. ORTEGA: Is this a life-safety issue? Have you been inside the building itself? MR. JOHNSON: I'm sorry. I have, and we presented case evidence with pictures and so on. We have those but, I mean, you know, we're not retrying, so -- but, yes, I did -- I mean, the building is not up to code; therefore, I believe it's life-safety, but that's, you know -- MR. LEFEBVRE: This case is over. CHAIRMAN KAUFMAN: Yes. MS. BOWMAN: It's not that we're, like, unsympathetic to you to what the situation is. It's just that it's out of our hands. CHAIRMAN KAUFMAN: You want to call the next case. September 24, 2020 Page 22 MS. BUCHILLON: Okay. Next item on the agenda, under public hearings, motions, motion for re -- wait, no. I'm sorry. Motion for extension of time, No. 1, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Are you going to walk back and forth like you did at the last meeting, or are you going to stay here for a while? MR. MUCHA: No, no. I'll stay here for a minute. CHAIRMAN KAUFMAN: Okay. You want to -- we have a letter on this? MR. MUCHA: Yes, sir, if we can pull it up there. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. I don't know if you remember this case, but this is basically where there was a drainage easement that was for this community, Pelican Lake RV Resort, and they kind of paved into it a little bit, and they were using it for storage. And they were looking into having the county vacate the easement because it really isn't being used for a drainage easement anymore, but I guess, after going back and forth, the county doesn't vacate those easements anymore. So, they're looking into doing an easement-use agreement. That's -- again, they're working with one of the county attorneys and working with Matt McLean. So, it's going to take a little bit of time, a couple months -- CHAIRMAN KAUFMAN: Okay. So, they need an extension of time to get everything done. MR. MUCHA: Yes, sir, yes, sir, but they've been in communication with me the whole time, and it's not health or safety, September 24, 2020 Page 23 so the county would have no objection. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? I'll make a motion that we grant an extension of time. MS. ELROD: Second. CHAIRMAN KAUFMAN: Do we know how much time? MR. MUCHA: She had asked for four to six weeks, but maybe 60 days. CHAIRMAN KAUFMAN: Okay. That's my motion, for 60 days. MR. ORTEGA: I would probably bump that to 90 days. I'm going through a vacate process. CHAIRMAN KAUFMAN: Okay. I'll bump it to 90. MR. LEFEBVRE: They're not going through a vacate. They're going through an agreement to use. MR. ORTEGA: It doesn't matter. It's going to be similar. CHAIRMAN KAUFMAN: Okay. You want to second that then? MR. ORTEGA: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. September 24, 2020 Page 24 Thank you, Joe. MR. MUCHA: Thank you, sir. MS. BUCHILLON: Next motion for extension of time, No. 2, CESD20200001254, Jean Fortin. (The speakers were duly sworn and indicated in the affirmative.) MR. FORTIN: It's nothing but the truth. That's why Jean Fortin here, to tell the truth. MR. SHORT: I do. CHAIRMAN KAUFMAN: Welcome back, Jean. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: I remember you from the last month. MR. FORTIN: I hope it's the last time, too. CHAIRMAN KAUFMAN: Well, I hope everything works out. Now, I remember you had a toolshed that you were living in while you're building the house and you need -- I'm assuming you need more time to do whatever you need to do. MR. FORTIN: Yes, sir. Good morning, everybody. My name is Jean Fortin. I live at 2941 Terrace Avenue. Your Honor, the time that you was giving me, I was struggling with the time because the time was very short. And it's a lot of things that I was have to do to combine the two -- the two -- I mean, the three apartments to one. It take me a lot of time. And then, plus, I have some issue with my tax. I done have to get my tax paid up before they can do that. Even your money, I don't have a chance to your many back because every little penny I have, I done have to spent it, you know. And now, you know, the reason I come here, I need some more time, Your Honor, to get myself situated because the county have me spending some money that I didn't have to spend it, Your Honor. CHAIRMAN KAUFMAN: Okay. September 24, 2020 Page 25 MR. FORTIN: Because -- because I was -- I had my permit. And I was stopped my job. I get all my folding [sic] done and pour my blocks and everything, Your Honor, and then they come in and tell me, hey, I think we sign your -- the permit is wrong, or we shouldn't sign the permit because you have to raise the floor three foot higher. I said why? Because I already have everything. I already pour concrete. I already put my blocks up. Do you know how much money that I already spent? I don't have no money. I'm doing this job. It's because my knowledge; it's not because the money I have. I'm working for the company, and I can get a block from the company. I can get two by four from the company. My house built since 1952, and it start rotting. I said, I have to do something before they close the house down. I can't live in. And then they turn around and they put the stop to it. So now I have -- I don't want to fight with the law. So, I agree with it. So now they have my hands tied up. So, I don't have no money. CHAIRMAN KAUFMAN: Let me ask. How much time do you need? MR. FORTIN: Your Honor, I need 90 days to get everything situated, Your Honor. CHAIRMAN KAUFMAN: Okay. And the county; Eric? MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. Are you still living in the shed? MR. FORTIN: No, I didn't living in the -- I was sleeping on my car, you know, because I don't want them coming around see me until I come to the Court first. The Court order me, say, hey, okay, you allowed, when -- if the Court didn't tell me I'm allowed to do that, I going to sleep in the car; do the best as I could. September 24, 2020 Page 26 CHAIRMAN KAUFMAN: Mr. Fortin, so your answer to his question is no; is that correct? MR. FORTIN: No, I was sleeping on my truck. CHAIRMAN KAUFMAN: You're not sleeping in the unit? MR. FORTIN: No. CHAIRMAN KAUFMAN: Okay. MR. SHORT: This order was split into two. CHAIRMAN KAUFMAN: Right. MR. SHORT: One for sleeping in the shed and occupying it for living space. CHAIRMAN KAUFMAN: Right. MR. SHORT: The other, I believe, we -- I believe it was 90 days. So, I believe the request is a little premature. Do you need more than 90 days at this point? MR. FORTIN: Yeah, I be doing fine on 90 days, Your Honor. CHAIRMAN KAUFMAN: Okay. MR. FORTIN: I get everything situated in 90 days. MR. SHORT: Okay. And then on what day did you stop living in the shed? MR. FORTIN: What -- that was last Wednesday before my time that Your Honor, you give me, I stopped right there. I said, no, I'm going to sleep in my car. CHAIRMAN KAUFMAN: Okay. Eric? MR. SHORT: Okay. I don't know that a motion needs to be made. CHAIRMAN KAUFMAN: Well, if the 90 days that we granted at the last hearing -- MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: -- is still enough time, we don't need to do anything. If 60 or 70 days from now you need additional time, you can come back and ask the Board for more time. September 24, 2020 Page 27 MR. FORTIN: Absolutely. Thank you, Your Honor. CHAIRMAN KAUFMAN: Okay. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: Very good. Thanks, Eric. MR. FORTIN: Thank you very much, everybody. MR. WHITE: From a procedural posture, Mr. Chairman, is the case being withdrawn by the county? CHAIRMAN KAUFMAN: Ask the guy sitting next to you. MR. WHITE: One way or another, you just have to dispose of it. MR. LETOURNEAU: Was this up for imposition? MR. SHORT: No. MR. LETOURNEAU: He brought it here, right? MR. SHORT: I would say, since it was his request, if he would like to withdraw. MR. WHITE: Would you like to withdraw it, sir? You don't need it. All you have to do is say yes. MR. FORTIN: Yes. CHAIRMAN KAUFMAN: Okay. MR. WHITE: All right. And the county agrees, I assume. MR. LETOURNEAU: Yes, we agree. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Do we have to modify the agenda that this is -- MR. WHITE: Thank you for remembering that, Mr. Chairman, if you would, please. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to modify the agenda to reflect this? MS. ELROD: Motion to modify. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. And a second. All those September 24, 2020 Page 28 in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the agenda is B, stipulations, No. 24, CESD20200005038, Louise Dever. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record. And, for the record, show that the respondent is not present. MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Do you want me to read it in for you? MR. CATHEY: No. I didn't know if it was coming up on the screen for you. MR. LETOURNEAU: It is in a second. Start reading 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 obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the wooden steps/structure within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; September 24, 2020 Page 29 Three, that the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the inspector -- investigator perform a site inspection to confirm compliance; and; Three, 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. Get a motion from the Board. MS. ELROD: Motion to accept the stipulation. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Ryan. MR. CATHEY: Thank you. MS. BUCHILLON: Okay. We have a change to the agenda. CHAIRMAN KAUFMAN: And the change is? MS. BUCHILLON: Withdrawn. Under imposition of fines, No. 11, CESD20190003992, has been withdrawn due to compliance efforts. MR. LEFEBVRE: Make a motion to accept. September 24, 2020 Page 30 MS. ELROD: Second. CHAIRMAN KAUFMAN: The motion is to modify the agenda. MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Okay. Next item, next agenda -- I mean, stipulation, No. 15, CESD20200002795, Robert J. Fiorillo Living Trust. CHAIRMAN KAUFMAN: We have a four-page stipulation. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. KIVNEY: Sheila Kivney. CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation into the record. MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. PITURA: For the record, Thomas Pitura, 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 September 24, 2020 Page 31 this prosecution of the case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County demolition permit, inspections and certificate of completion/occupancy for the removal of the screen enclosure within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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. You understand the stipulation? MS. KIVNEY: No. CHAIRMAN KAUFMAN: You don't, okay. We'll get you an explanation. The court costs, if you will, are $59.28, okay? MS. KIVNEY: Okay. CHAIRMAN KAUFMAN: And they need to be paid within 30 days. If you need more time, let us know, and we can change that. Whatever else needs to be done is specified in the order, and it needs to be completed within 60 days. Now, if that's enough time, that's fine. If it's not and you need more time, you'll go back in the hallway and you'll modify it. So that's up to you whether you think two months is enough time to get this done. MS. KIVNEY: Well, I'm having a contractor try to get the -- we need a survey -- so that he can pull the permit for the demolition. September 24, 2020 Page 32 CHAIRMAN KAUFMAN: Okay. MS. KIVNEY: I'm working with him now. CHAIRMAN KAUFMAN: Okay. Well, if for some reason 55 days down the road you're still having a problem, you can always come back to the Board and say, we're working on it, but we need more time, and I'm sure the Board would entertain any suggestion that you have. But right now what was agreed to is the 60 days. MS. KIVNEY: Okay. CHAIRMAN KAUFMAN: Do you understand my explanation? MS. KIVNEY: Yes. Yes, I do. CHAIRMAN KAUFMAN: Okay. Go ahead. MS. KIVNEY: I'm here to try to correct the problem. My partner of 44 years passed away June 8th. He was a little more senile than I knew, and he was doing strange things. But I'm here to try to clean this up and move on. CHAIRMAN KAUFMAN: Okay. Well, we're sorry for your loss. Anything that we can do as a board to help you, we certainly would entertain that. So, if the 60 days seems to be okay, we can go forward. If you need more time, as I said, you can go out to the hallway and speak with the officer, and you could change it if you want. MS. KIVNEY: Okay. CHAIRMAN KAUFMAN: Thank you. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the stipulation as written? MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? September 24, 2020 Page 33 MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. MS. KIVNEY: Thank you, sir. MS. BUCHILLON: Next item, No. 7, CESD20200002113, Master Cleaners Pro Service, Inc. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. John? MR. JOHNSON: Good morning. For the record, John Johnson, Code Enforcement. Therefore, 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; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the gazebo within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, 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, Number 4, that if the respondent fails to abate the violation, the September 24, 2020 Page 34 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. MS. BOWMAN: Motion to accept the -- CHAIRMAN KAUFMAN: We have a motion to accept the stipulation. MS. ELROD: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Mr. Kaufman, we have another change to the agenda. CHAIRMAN KAUFMAN: I'm sorry. You're only permitted one per hearing. Go ahead. MS. BUCHILLON: Number 18, CESD20180015246, has been withdrawn due to compliance efforts. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the modification. MS. ELROD: Motion to accept. MS. BOWMAN: Motion to accept. Second. September 24, 2020 Page 35 CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Okay. Next stipulation, No. 4, CESD20190001005, Ezequiel Camargo. (The speakers were duly sworn and indicated in the affirmative.) MS. GUY: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. GUY: For the record, Paula Guy, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and completion of occupancy for the unpermitted fence and detached structure with carport within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, 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; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the September 24, 2020 Page 36 violation into compliance and may use the assistance of Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You would like to make a motion? MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Paula. MS. GUY: Thank you for your time. MS. BUCHILLON: Next item, No. 22 CESD20200001059, St. Luc Charelus and Masina Charelus. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) MR. HAMILTON: Good morning, for the record -- CHAIRMAN KAUFMAN: Good morning. MR. HAMILTON: -- Dan Hamilton, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred September 24, 2020 Page 37 in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the rear addition/alteration within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Easy for you to say. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We going fast enough for you, Patrick? MR. WHITE: No problem, sir. Sorry. No problem, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next stipulation, No. 10, September 24, 2020 Page 38 CESD20190012149, Massimo Maffei and Phyllis Lagrosta Maffei. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: You're an attorney. MR. FRATER: I am an attorney. CHAIRMAN KAUFMAN: We trust you. You don't have to swear that you're going to tell the truth. MR. FRATER: You know, you're the first person to say that. I'm obligated to tell the truth. CHAIRMAN KAUFMAN: I have a wife that requires me to do that from time to time, but it all works out. MR. FRATER: All right. Thank you. CHAIRMAN KAUFMAN: Do you want to say something before we read this stipulation into the record? MR. FRATER: You know, I won't say something. Thank you for the offer. MR. WHITE: If the gentleman could put his name on the record, please, sir. MR. FRATER: I certainly can. Fitzgerald Frater. CHAIRMAN KAUFMAN: Okay. Would you read the stipulation into the record for us. MR. TORRES: Yes, sir. Good morning, Investigator Junior Torres, for the record. 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 and request all inspections through certificate of completion or occupancy for the renovation made at the property within 120 days of this hearing, or a fine of $200 per day will be imposed until the violations abated; September 24, 2020 Page 39 Three, respondent must notify Code Enforcement within 24 hours of this -- 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. MS. BOWMAN: Make a motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. FRATER: Thank you very much. MR. TORRES: Thank you. MS. BUCHILLON: Next item, Number 14, CESD20190014719, Ulysses Nabal. CHAIRMAN KAUFMAN: I was going to say let the record reflect the respondent is not present and neither is the county, but the county's here, okay. MR. TORRES: I'm here now. September 24, 2020 Page 40 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Junior, do you want to read that stipulation into the record for us. MR. TORRES: For the record, Investigator Junior Torres, Collier County Code Enforcement. Therefore, it is agreed upon 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 certificate of completion for the unpermitted shed 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 by using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to accept the stipulation as written. MS. BOWMAN: Second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. September 24, 2020 Page 41 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. TORRES: Thank you. CHAIRMAN KAUFMAN: I don't know if you realize it, they get $25 for each motion that they make. MS. BOWMAN: Where's my check? MS. ELROD: I wish. MS. BUCHILLON: Next stipulation, No. 5, CESD20190010279, David M. Turley and Kathryn A. Turley. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement. Good morning. CHAIRMAN KAUFMAN: Good morning, Sherry. MS. PATTERSON: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: Three, obtaining Collier County building permits or demolition permits, inspections, certificate of completion/occupancy for a dock and a lift install without required permits within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 4, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm the compliance; Number 5, 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 September 24, 2020 Page 42 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. Note for the record that the respondent is not present. I don't know if I said that before. MR. LEFEBVRE: Quick question. Are they in the process of getting this permitted through the state and everything? Because usually docks require state permits. MS. PATTERSON: I can only tell you that what he's doing right now -- he was here this morning, actually. He had some medical conditions; he had to leave. But he is in the process of getting it straightened away. I don't know about with the State, but he did submit some permit application for the dock itself to the Collier County Building Department a couple days ago. MR. LEFEBVRE: All right. MS. BOWMAN: I would imagine they would advise him on that, yeah. MR. LEFEBVRE: Usually these permits take longer than 90 days if the State's involved. So -- MS. PATTERSON: Yeah. MR. LEFEBVRE: We'll probably see this one come back. MS. PATTERSON: Okay. I do have a couple like this, so we may have to modify it then. MR. ORTEGA: Oakwood Court. Where's that located approximately? MS. PATTERSON: It's up in Palm River, up in that area there; Palm River. MR. ORTEGA: Probably not. MR. LEFEBVRE: Probably not. Okay. MS. PATTERSON: Because I think that's a -- I'm not sure. MR. ORTEGA: It used to be a canal. September 24, 2020 Page 43 MS. PATTERSON: Right. MR. ORTEGA: And then it was converted to navigable water, so to speak. MS. PATTERSON: It's the Cocohatchee River. It's just water that -- it's not very deep. It's only -- I don't know, I think it's only two or three feet deep or something like that, so maybe not. CHAIRMAN KAUFMAN: Maybe he only has a toy boat he needs to -- MS. PATTERSON: Most of them have kayaks and things, so... CHAIRMAN KAUFMAN: Okay. Did we vote on this already? MS. BUCHILLON: No. MS. ELROD: We haven't even made a motion. CHAIRMAN KAUFMAN: Okay. Do we have a motion? MS. ELROD: We have a motion. CHAIRMAN KAUFMAN: And a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Sherry. MS. PATTERSON: Thank you. MS. BOWMAN: Pay up. MS. BUCHILLON: Next stipulation, No. 20, CESD20190005671, Leonard I. Heller -- oh, I'm sorry, Joann September 24, 2020 Page 44 Madden. I'm sorry. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: You have to state for the record again. MR. HAMILTON: Good morning. For the record -- (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: That's because -- MR. HAMILTON: -- code Enforcement. CHAIRMAN KAUFMAN: -- we have short memories. MR. HAMILTON: All right. Therefore, it is agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, certificate of completion/occupancy for the building alteration and the voided and expired permits within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, 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; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Make a motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? September 24, 2020 Page 45 MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. HAMILTON: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next one, No. 18, CESD20180015246, Leonard I. Heller. MR. LEFEBVRE: Was that withdrawn? MR. LETOURNEAU: I believe we withdrew that one, Helen. MS. BUCHILLON: Oh. MR. LEFEBVRE: We made -- MS. BUCHILLON: I'm sorry. I didn't take it off my list back here. MR. LEFEBVRE: We amended the agenda. MS. BUCHILLON: I'm sorry. MR. LEFEBVRE: Oh, no problem. You're good. MS. BUCHILLON: Number 22, CESD20190010307, Juan C Alcantara, Jr., and Lindsay M. Alcantara. MR. LEFEBVRE: Another dock in Palm River. CHAIRMAN KAUFMAN: It must have been a dock sweep. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Do you want to say anything before we read the stipulation into the record? MR. ALCANTARA: No, sir. CHAIRMAN KAUFMAN: Fine. Sherry. MS. PATTERSON: All right. Therefore, it is agreed between September 24, 2020 Page 46 the parties that the respondent shall: One, pay all 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 permit, inspections, and certificate of completion/occupancy for a dock built without required permits within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 4, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 5, 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 Department to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have anything to say? MR. ALCANTARA: No, sir. Thank you. CHAIRMAN KAUFMAN: Said well. MR. WHITE: Just the gentleman's name on the record, please, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. ALCANTARA: Juan Alcantara. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. Anybody on this side want to make a motion? MR. ORTEGA: I'll make a motion to accept the stipulation agreement as written. CHAIRMAN KAUFMAN: Okay. September 24, 2020 Page 47 MR. LEFEBVRE: I'll second that. CHAIRMAN KAUFMAN: Second. We have to spread it out. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Just before you leave, since you're here, you're in -- is that the western section of Palm River? MR. ALCANTARA: Palm River, yeah. It's the section -- well, where I'm at, it faces Immokalee Road, that canal area. CHAIRMAN KAUFMAN: Okay. MR. ALCANTARA: I'm not aware of -- the State needs to be involved with the permitting, but as soon as I find out, I will advise Sherry. And, you know, if the timeline needs to get adjusted, then -- CHAIRMAN KAUFMAN: Okay. MR. ALCANTARA: -- we'll come back. CHAIRMAN KAUFMAN: Thank you. MR. ALCANTARA: Thank you. MS. PATTERSON: Thank you. MS. BUCHILLON: Next stipulation, No. 23, CESD20190010316, Albert F. Lepree and Lorraine M. Fotiou. CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Therefore, it is agreed between the parties September 24, 2020 Page 48 that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy for a dock installed without required permits, inspections, and certificate of completion within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 4, 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; Number 5, 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: One thing, could you just state your name on the mic. I know who you are. MS. PATTERSON: Yeah. Sorry about it. Sherry Patterson. CHAIRMAN KAUFMAN: Okay, Sherry. Just so when they go through the records they know who said it. If you don't say it, you can't -- MS. PATTERSON: Okay. CHAIRMAN KAUFMAN: Unless you watch it on TV. MS. PATTERSON: Thanks for reminding me. CHAIRMAN KAUFMAN: Okay. Who's going to make a motion? MR. LEFEBVRE: Make a motion to accept the stipulated agreement. But I have one question: How did all these cases come about? They're all relatively the same -- September 24, 2020 Page 49 CHAIRMAN KAUFMAN: It was a sweep. MR. ORTEGA: There's a history. MS. PATTERSON: It wasn't a sweep by Code Enforcement, actually. We had a complaint of over 50 docks in this area. The person had a concern -- MR. LEFEBVRE: Wow. MS. PATTERSON: -- about property maintenance issues with the docks that are in this area, permitting issues with the docks, so they made the complaint to have Code Enforcement go out and check them out to see, you know, what was going on with them. So mostly we found these docks were built back in the day, you know, so there were no permits for them. And some of them were actually torn up from Irma. So, they were pretty destroyed, some of them, so... MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Okay. So, you have a motion? MR. LEFEBVRE: Yes, I do. MR. ORTEGA: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have more docks than they do in NCH. MS. PATTERSON: Thank you. September 24, 2020 Page 50 MR. ORTEGA: There's a concerned neighbor in that area that travels in a canoe. He sees all the docks, so he's been reporting them. CHAIRMAN KAUFMAN: And he goes through with his cell phone out typing them in. MR. ORTEGA: Pretty much. CHAIRMAN KAUFMAN: Okay. Helen? MS. BUCHILLON: Next stipulation, No. 1, CESD20190010312, Lois L. Wolf. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: Sherry Patterson, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for a dock installed without required permits, inspections, and certificate of completion within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 4, the respondent must notify Code Enforcement within 20 [sic] hours of the abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 5, if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, September 24, 2020 Page 51 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PATTERSON: Thank you. MS. BUCHILLON: Next item. We have two attorneys. Do you want to hear those cases first? CHAIRMAN KAUFMAN: Attorneys, put them last. No, I'm only kidding. Yes. MS. BUCHILLON: Okay. First case under imposition of fines, No. 4, CESD20190000550, 12275 Collier Boulevard Land Trust. MR. NUNEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. NUNEZ: For the record, Jose Nunez. I'm here as the property owner. I am an attorney, but I'm here as the property owner, which is why I'm not in uniform. CHAIRMAN KAUFMAN: I didn't know attorneys had uniforms. MR. NUNEZ: Yeah. I have about seven of them. (The speaker was duly sworn and indicated in the affirmative.) September 24, 2020 Page 52 CHAIRMAN KAUFMAN: Okay. Now. MR. NUNEZ: Good morning. I'm here for a request for a continuance. I did speak to -- Mr. Fuentes is my Code Enforcement officer. He's not present today, but I spoke with his supervisor. I don't believe Code Enforcement has an objection. I became involved as the property owner about a month ago. My tenants had hired a contractor who took their money, applied for a permit, a demolition permit, never got the permit, did the demolition anyways. And it all started around March, and we've been accruing fines ever since. We do have a contractor. We do have plans drawn up. And it's going through permitting today. So, I just need a 30-day continuance if I can have one. CHAIRMAN KAUFMAN: Okay. The county have any objection to begin with? MS. PEREZ: The county has no objection. We -- CHAIRMAN KAUFMAN: Okay. Gerald? MR. LEFEBVRE: The work, has it started? Is it done or -- MR. NUNEZ: Yeah. The last contractor actually did the demolition without obtaining a permit. So, I don't know how we're going to handle that, but my understanding is that there's a procedure for that. MR. LEFEBVRE: Are you putting a new ceiling in? MR. NUNEZ: No. What they did is they added, like, a second drop ceiling, and that was removed. So now it's back to the original flush drop ceiling. MR. LEFEBVRE: Okay. So, the work's been done? MR. NUNEZ: Yeah. MR. ORTEGA: You don't have to go ahead and do any more substantial work -- MR. NUNEZ: Right. I just have to get the permit and get it September 24, 2020 Page 53 inspected, and then we should be okay. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: The work was actually done prior to the compliance time frame the Board had requested. The time frame to comply was March 25th, and they removed -- completed the demolition work. We went out on March 10th and viewed that the drop ceiling was removed and it was back into what appears to be its natural state but, unfortunately, that demolition permit had not been applied for. So, three days later after our site visit, that contractor did come in and apply for that permit but did not follow through on the rejection, and that's where Mr. Nunez got involved. MR. LEFEBVRE: So, really, if you get the permit, there's really no -- well, there's going to have to be an inspection. But Code Enforcement already went out, saw the violation was abated prior to the time frame in this order, so... CHAIRMAN KAUFMAN: So next month when they come back, the violation, instead of saying has not been abated, will probably say it's been abated. MR. LEFEBVRE: Right. MS. PEREZ: Will be the hopes. MR. LEFEBVRE: Very good. CHAIRMAN KAUFMAN: Okay. So, you want a 30-day? MR. NUNEZ: That should be fine. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: I'll make a motion to accept the -- sorry -- to accept the time period for 30 days. CHAIRMAN KAUFMAN: Thirty-day extension. MS. BOWMAN: A continuance? MS. BUCHILLON: Continuance? CHAIRMAN KAUFMAN: Yes. September 24, 2020 Page 54 MR. ORTEGA: One question, though. This is a commercial job. MS. PEREZ: Correct. MR. ORTEGA: And you said you already submitted for permit? MS. PEREZ: They have submitted for a change in contractor, which was approved, and Mr. Nunez says that they're submitting the plans to show the remediation of how it was removed and what is in place now. MR. ORTEGA: I would probably allow a little bit more than 30 days. MR. NUNEZ: Okay. We've hired Elite Permits to help with the process. MR. ORTEGA: Okay. MR. NUNEZ: I think the main concern when the last contractor tried to apply for a permit was that there were no drawings. I mean, it was a hand-drawn on, like, a legal pad or something. MR. ORTEGA: You're in good hands, though. MR. NUNEZ: But if you'd like to give me more time, I'll take it. MR. ORTEGA: When you're going through commercial, anything can happen. You're going to have to go through fire. So, I would probably allow a little bit more time than just 30 days. CHAIRMAN KAUFMAN: Why don't you allow 60 days. MR. ORTEGA: I think 60 days would be perfect. MR. NUNEZ: Appreciate that. CHAIRMAN KAUFMAN: Is that your motion? MR. ORTEGA: That's my motion. MS. ELROD: Second. MS. BOWMAN: Second. September 24, 2020 Page 55 CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Cristine. MR. NUNEZ: Thank you, all. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Okay. The next item on the agenda, No. 10 under imposition of fines also, CESD20180008044, Paul A. Burcky and Cathleen T. Burcky. (The speaker was duly sworn and indicated in the affirmative.) MR. RICE: Roger Rice. I'm an attorney here for Paul and Cathleen Burcky. CHAIRMAN KAUFMAN: Okay. MR. SHORT: Mr. Chairman, just like the scenario you discussed earlier, this property is in compliance. I'll go ahead and read through the motion. CHAIRMAN KAUFMAN: Okay. MR. SHORT: For the record, Supervisor Eric Short. This is in regards to your past orders. On May 23rd, 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, OR Book 5644, Page 3421, for more information. September 24, 2020 Page 56 On November 22nd, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR Book 5703, Page 3275, for more information. On August 28th, 2020, the Code Enforcement Board granted a continuance, see the attached order of the Board and documents in images for more information. The violation has been abated as of September 22nd, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 20th, 2019, to September 22nd, 2020, 308 days, for a total fine amount of $61,600. Previously assessed operational costs of $59.77, $59.35, and $59.49 for the previous hearings have all been paid. Operational costs for today's hearing will be $59.49, for a total amount of $61,659.49. CHAIRMAN KAUFMAN: Okay. Counsel, you're here to request something. MR. RICE: Request waiver of the fines. We will gladly pay the 59.49. You know, as the Board knows, the fine [sic] has been fixed. We are in compliance. I know this has taken a bit of time, but it was a complex matter. It was diligently pursued for abatement. All costs and expenses incurred by the county have been paid. We recently paid almost $1,000 in costs to the Building Department for inspections, et cetera. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. ELROD: I'll make a motion to deny the imposition of fines. MS. BOWMAN: Second. September 24, 2020 Page 57 CHAIRMAN KAUFMAN: We have a motion and second. Any discussion on the motion? MR. WHITE: Mr. Chairman, point of order. With respect to the request by Mr. Rice to pay the operational costs, would there be anything regarding that in the motion and a period of time to make that payment? CHAIRMAN KAUFMAN: If the motion is granted, typically the operational -- the fine for today is not imposed. MR. LEFEBVRE: The operational costs. CHAIRMAN KAUFMAN: That's correct. MR. WHITE: I understand. It's the form of the motion. MS. BOWMAN: I thought it said it had -- CHAIRMAN KAUFMAN: Say yes. MS. ELROD: Yes. MS. BOWMAN: Yes. CHAIRMAN KAUFMAN: Okay. And the second? MS. BOWMAN: Yeah, second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. RICE: Thank you. MR. WHITE: Thanks for offering. MS. BUCHILLON: Next item on the agenda under hearings, No. 3, CESD20190010308, Jason R. Stevens and Franni A. Downing. September 24, 2020 Page 58 Respondents were notified certified mail and regular mail on September 8th, 2020, and it was posted at the property and courthouse on September 8th, 2020. CHAIRMAN KAUFMAN: We'll see if we can get this done before. After this case, we will take a break. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And you can state your name on the mic for us. MR. STEVENS: For the record, my name is Jason Stevens. CHAIRMAN KAUFMAN: Okay. Which case number is this? MS. BUCHILLON: Number 3. CHAIRMAN KAUFMAN: Okay. Sherry. MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement. This case is in reference to No. CESD20190010308 dealing with the violations of the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), a dock installed without required permits, inspections, and certificate of completion. The violation is located at 148 Sharwood Drive. Folio No. 65470280000. Service was given on December 4th, 2019. I would now like to present case evidence in the following exhibits: There's one photo of the dock taken on September 19th by Code Enforcement Supervisor Eric Short. CHAIRMAN KAUFMAN: Has the respondent seen the photograph? MS. PATTERSON: I don't believe so. CHAIRMAN KAUFMAN: Okay. Can you show it to him before it's admitted. MR. STEVENS: Can I come over here. Make sure it's my September 24, 2020 Page 59 dock. Yes, that's my dock. CHAIRMAN KAUFMAN: Do you have any objection to that photo being introduced? MR. STEVENS: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photo. MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PATTERSON: On August 22nd, 2019, Code Enforcement received a complaint regarding possible permitting and/or property maintenance issues with the dock at 148 Sharwood Drive. A courtesy letter was mailed and posted at the property to inform the owner of the complaint and of the pending Code Enforcement investigation. The owner was requested to contact Code Enforcement for any questions and to set up an appointment to meet an investigator on site for a dock inspection. Relevant to that, if there were any code issues, the inspections would help finding the best solution for compliance. On September 20th, 2019, a supervisor met on site with Property Owner Jason Stevens. A dock inspection was informed, and it was September 24, 2020 Page 60 noted there was no visible damage to the dock. An investigation led by myself and of all available county records revealed that there are no dock permits for this location. On November 4th, 2019, a code case determination was presented to Chief Building Official Jonathan Walsh. Mr. Walsh confirmed that the violation does exist and advised that a dock permit is required. Personal service was made on Owner Jason Stevens on December 4th, 2019. The notice of violation was accepted and signed with a compliance date of January 3rd, 2020. To date the violation remains. CHAIRMAN KAUFMAN: One quick question. September of 2019 there was a complaint that the dock was in disrepair; is that correct? MS. PATTERSON: Let's see. Yes, I believe. CHAIRMAN KAUFMAN: Okay. So, somebody went out there, took a look at it, saw it was okay, but they -- MS. PATTERSON: Well -- yeah. We had a -- the complaint was in August. August 22nd is when that was, 2019. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: Okay. And then an investigator actually had posted a courtesy dock letter for the owner and also mailed it certified and requested the owner to call and request an investigator to come out and do a site inspection of the actual dock. So, an investigator/supervisor went out and investigated the dock, and it seemed to be in good repair. CHAIRMAN KAUFMAN: Okay. Nobody checked to see if there was a permit for the dock at the time. MS. PATTERSON: No, there was no permit for the dock. I read that into the record. CHAIRMAN KAUFMAN: No permit now. But when the September 24, 2020 Page 61 initial case came in in 2019, did they look to see if there was a permit at that time? MS. PATTERSON: Yes, of course. Yes. CHAIRMAN KAUFMAN: And? MS. PATTERSON: No permit for the dock. CHAIRMAN KAUFMAN: Back in 2019? MS. PATTERSON: Correct. CHAIRMAN KAUFMAN: So that's -- that's the date on this violation? MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: Okay. Just want to understand. Okay. MR. STEVENS: Yes. And like Sherry said earlier, there's, like, 50 cases on here. So, I was moving forward, and then the COVID shut things down. And I got a proposal right now, because I've got to get a water survey for the property before I can have someone coming in. There's only two companies that will actually do permitting in that area. Like we talked about earlier, that Palm River, that's a canal that's facing Immokalee. CHAIRMAN KAUFMAN: Let me stop you one second. MR. STEVENS: Okay. CHAIRMAN KAUFMAN: The first thing we need to do as a board is to find out if there's a violation or not, okay? MR. STEVENS: Okay. CHAIRMAN KAUFMAN: The way you're speaking, it sounds like -- MR. STEVENS: Well, I don't have a permit. I can tell you this: I bought the house. I wasn't aware, then I found out later when they came that I needed a permit. So, I wasn't aware until last year, okay? CHAIRMAN KAUFMAN: Okay. I understand. So let's -- September 24, 2020 Page 62 MS. BOWMAN: I'll make a motion that a violation exists, right? MR. LEFEBVRE: Whoa, whoa. You have a motion. CHAIRMAN KAUFMAN: Do we have a second? MS. ELROD: Second it. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. LEFEBVRE: I mean, I think I'd like to hear what he has to say. CHAIRMAN KAUFMAN: Well, if there's no violation, he doesn't have to say anything. MS. PATTERSON: No, there is a violation. CHAIRMAN KAUFMAN: There isn't a violation until we vote on it. MS. PATTERSON: Okay. But I was saying that -- okay. Go ahead. CHAIRMAN KAUFMAN: That's why -- I understand what you're -- MR. LEFEBVRE: He came here to state his case. CHAIRMAN KAUFMAN: And if he is found that there is no violation, then there is no case. MR. LEFEBVRE: Correct. But he hasn't even stated his case yet. MS. BOWMAN: Essentially, we have to find that there's a violation, and then if the violation is found, then we discuss the, you know, violation. If I was to sit here and say I don't think that there's a violation, then there's no further discussion. It's just -- we'd throw it out. MR. LEFEBVRE: You made a motion. That's fine. MS. BOWMAN: Yeah. CHAIRMAN KAUFMAN: Okay. On the motion that a September 24, 2020 Page 63 violation exists, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Okay. And that passes 4-1. We have five people, okay. Now, before I ask for your recommendation, Sherry, why don't you tell us everything you need to tell us. MR. STEVENS: So, you're saying I have a violation right now, so I move forward. Okay. So, like I was saying, there's, like, 50 cases on this waterway. That's Palm River and Cocohatchee River. They merge. And, you know, on high tide, maybe it's four -- four feet at most. So mostly it's like just shallow-water boats and kayaks and paddleboards. So, when I moved in, obviously something I didn't check, I wasn't aware, because I thought it was structurally sound. Looks like -- you know, it went through the hurricane. It's strong. But until last year when they came in, the inspector goes, oh, yeah, everything looks good here. He says, you need to make sure you put your number on the dock. I said, number? He said, just put 148, and then we need to find out if you have a permit. And I said, oh, okay. And then that's when I found out later on that I didn't have a permit. I put the 148 facing the road, like I was told, and that's where we stand. So, I was moving forward trying to get a proposal, but they're so backed up. There's only two companies that will work that waterway. And with all these cases -- so because there's September 24, 2020 Page 64 four -- there's four bridges that they have to go under, because there's LaPlaya Golf Course there, so there's a couple bridges, and then there's 41 that's a low bridge, too. So, to put the crane in there, there's a special crane that they have to bring in there. So he's really backed up. Even with the water survey, they're saying it takes, like, six weeks with this, and I've got Southern Exposure. I have it right here signed, you know. So, that's the frustrations; it's just taking time. And Sherry presented, like, 90 days and, honestly, you know, I don't think it's going to -- it's going to take longer than that talking to Scott who owns this company. CHAIRMAN KAUFMAN: How long do you think it's going to take? MR. STEVENS: He said every bit of 90-plus. I mean, he couldn't really give me an exact time, but he said it's going to definitely be over 90 days. He says four weeks it -- they're supposed to call me. I said -- I talked to him the first of September, and I still haven't got a call yet. They're supposed to call me the week before they can do the water survey to come on my property. CHAIRMAN KAUFMAN: Okay. So, if the Board grants you lots of time -- MR. STEVENS: Yeah. CHAIRMAN KAUFMAN: -- to get this done -- MR. STEVENS: Yeah. CHAIRMAN KAUFMAN: -- there'd really be no fine assessed at -- MR. STEVENS: If you say I need to do it, I'll do it. I understand. CHAIRMAN KAUFMAN: Okay. So you have a recommendation for us, Sherry? MS. PATTERSON: Yes, I do. September 24, 2020 Page 65 CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of the case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspection, and certificate of completion/occupancy for a dock installed without required permits, inspections, and -- sorry about that -- within X amount of days of this hearing, or a fine of X per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Jerald, as you had said in the past, that it probably will take more than 90 days, even though the other stipulations that were offered showed 90 days. MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: So, would you like to try filling in the blanks on this one? MR. LEFEBVRE: Make a motion that the operational costs in the amount of 59.28 be paid within 30 days, and a fine of $100 will be imposed after 150 days. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And we have a second. Do you September 24, 2020 Page 66 think 150 days is sufficient? MR. STEVENS: Yes. CHAIRMAN KAUFMAN: If it isn't, you can always come back and request more time. MR. STEVENS: Yes. CHAIRMAN KAUFMAN: Okay. MR. STEVENS: Thank you, Your Honor. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much for coming in. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Are we going to take a break now for Terri and the pirates? Be back about 10-and-a-half minutes, 15 minutes. (A brief recess was had from 10:37 a.m. to 10:57 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Helen, you're up. MS. BUCHILLON: Yes, sir. Okay. Next item on the agenda, No. 13, CESD20190010332, Michael J. Medic and Anita L. Medic. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. September 24, 2020 Page 67 MS. MEDIC: My name is Anita Medic. CHAIRMAN KAUFMAN: Okay, Anita. Sherry. MS. PATTERSON: Hi. Good morning. Sherry Patterson of Collier County Code Enforcement. CHAIRMAN KAUFMAN: And yet another dock. MS. PATTERSON: Another dock, yep. MS. MEDIC: Yep. MS. PATTERSON: So, for the record, Sherry Patterson, Collier County Code Enforcement. This is in reference to Case No. CESD20190010332 dealing with a violation of the Collier County Land Development Code as amended, Sections 10.02.06(B)(1)(a) and on 10.02.06(B)(1)(e)(i), a dock installed without required permits, inspection, and certificate of completion. Located at 380 Sharwood Drive. Folio 6547144000. Service was given on December 20th, 2019. I would now like to present case evidence in the following exhibits. MS. BUCHILLON: Excuse me. The folio number, you're missing a 1 at the end. MS. PATTERSON: Okay. Would you like for me to reread it into the record? MS. BUCHILLON: Yes, please. MS. PATTERSON: Okay. Folio No. 65471440001. MS. BUCHILLON: Thank you. MS. PATTERSON: Okay. Thank you. So now I'd like to present case evidence into the following exhibits: There's one photo of the dock taken on October 2nd, 2019, by Investigator Property Maintenance Specialist Steve Athey. CHAIRMAN KAUFMAN: Has the respondent seen the photo? September 24, 2020 Page 68 MS. MEDIC: I don't think so. MS. PATTERSON: She has not. MR. LETOURNEAU: Ma'am, if you want to come over and take a quick look. MS. MEDIC: Sure. That's it. CHAIRMAN KAUFMAN: Do you have any objection? MS. MEDIC: No, I don't. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photo? MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PATTERSON: On August 22nd, 2019, Code Enforcement received a complaint regarding the possible permitting and/or property maintenance issues with a dock located at 380 Sharwood Drive. A courtesy letter was mailed and posted at the property to inform the owner of the complaint and of the pending Code Enforcement investigation. The owner was requested to contact Code Enforcement for any questions and to set up an appointment to meet an investigator on site for a dock inspection. Relevant to that, if there were any code September 24, 2020 Page 69 issues, the inspections would help finding the best solution for compliance. On October 2nd, 2019, Investigator Property Maintenance Specialist Steve Athey met on site with owner Michael Medic. A dock inspection was performed, and it was noted there was no visual damage or disrepair to the dock. An investigation of county records led by Investigator Art Ford revealed there are no dock permits for this location. On December 13th, 2019, a code case determination was presented to Chief Building Official Jonathan Walsh, and Mr. Walsh confirmed that a violation does exist and advised that a permit for the dock is required. A notice of violation was issued on December 20th, 2019, and a compliance date of January 19th, 2020, was an order. To date the violation remains. CHAIRMAN KAUFMAN: Okay. Good morning. MS. MEDIC: Good morning. CHAIRMAN KAUFMAN: This sounds familiar, like we've heard similar cases today. MS. MEDIC: Yes. Well, I actually knew very little of this. My husband was dealing with it, as he used to do, but isn't great with follow through. And we're going through a divorce. He's been in Canada since March. I'm happy to take care of this. I have been in contact with a few people, and I've gotten different ideas, basically, of how long this will take. So, if you allow 150 days, I would be happy to comply. CHAIRMAN KAUFMAN: Okay. Well, let's find out whether a violation exists. MS. MEDIC: It does. MS. BOWMAN: I'll make a motion that a violation exists. MS. ELROD: Second. September 24, 2020 Page 70 CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And you've checked in -- you ought to get a group rate there for everybody. MS. BOWMAN: That's what I was going to say. We should have, like, a class action here. MS. MEDIC: I hope so. It's just they've told me it's going to take a while because there are 50 of us. CHAIRMAN KAUFMAN: Okay. So, you think 150 days will be sufficient? MS. MEDIC: I certainly hope so. CHAIRMAN KAUFMAN: Okay. You want to read your recommendation? MS. PATTERSON: Yes. My recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of the case within 30 days and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for a dock installed without required permits, inspections, and certificate of completion within X amount of days of this hearing, or a fine of X amount per day will be imposed until the violation is abated; September 24, 2020 Page 71 The respondent must notify a code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm the 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 code, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Well, Jerald, you did such a good job on the last motion... MR. LEFEBVRE: All right. Make a motion that the operational costs in the amount of 59.28 be paid within 30 days; 150 days to abate the fine -- or abate the violation, or $100 a day will be imposed. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. ELROD: I would like to remind you, if 150 days is not sufficient, you can come back and ask for more time. September 24, 2020 Page 72 MS. MEDIC: Wonderful. I do have one question. Since both my husband and I are on the deed and are the respondents, I'm able to take care of this and just sign myself? Because I wasn't able to before. CHAIRMAN KAUFMAN: Why don't you guys talk out in the hall. We won't get involved in that detail. MS. MEDIC: Okay. Perfect. MS. PATTERSON: Okay. We'll work it out. MS. MEDIC: Thank you. MS. PATTERSON: Thank you. MS. MEDIC: Have a great day. MS. ELROD: You, too. CHAIRMAN KAUFMAN: Now Patrick is going out there. If it was me, would he go out there with me, too? Just thinking. MS. BUCHILLON: Next item on the agenda under motion for imposition of fines, No. 3, CESD20190004631, Luis Rios Centeno. MR. LEFEBVRE: Was No. 2 withdrawn, or what was that? MS. BUCHILLON: Oh, they're not here. We do the people that are here first. MR. LEFEBVRE: Perfect, thank you. (Francisco Rivera, 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.) CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record, or do we want to hear from the respondents before you read it into the record? MS. THOMPSON: It's your world. I'm here. CHAIRMAN KAUFMAN: Okay. We're here for the imposition of the fine. THE INTERPRETER: Correct. September 24, 2020 Page 73 CHAIRMAN KAUFMAN: Does the respondent have something to say before that's entered into the record? THE INTERPRETER: No. CHAIRMAN KAUFMAN: Okay. MS. THOMPSON: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. THOMPSON: For the record, Latoya Thompson, Collier County Code Enforcement. This case is in reference to CESD20190004631. Past orders: On November 22nd, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attachment -- see attached orders on the Board, OR5703, Page 3303, for more information. The violation has not been abated as of September 24th, 2020. Fines and costs to date are as follows: Fines have accrued at the rate of $200 per day from the period March 22nd, 2020, to September 24th, 2020, 180 days. Total of fines amount to 37,400. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing is 59.42. Total amount: 37,459.42. CHAIRMAN KAUFMAN: So, if I can -- if I understand this, there was a mobile home, and a shed was added. MS. THOMPSON: Yeah. It's additional and alterations to a mobile home and additional shed within obtaining -- without obtaining a requirement [sic]. So, there was already an addition on the mobile home prior to him getting it. So he inherited it. CHAIRMAN KAUFMAN: Okay. So he inherited the situation. MS. THOMPSON: Uh-huh. September 24, 2020 Page 74 CHAIRMAN KAUFMAN: Okay. I see Eric sneaking up behind you. Did you want to say something, Eric? (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. For the record, Supervisor Eric Short. Latoya, you're doing a great job. There is an addition to the mobile home. It was a lanai area that was converted into living space, and there is also a separate shed on the property. CHAIRMAN KAUFMAN: Okay. So that brings me over here. Ordinarily, when you have something like this, you have an idea of how you're going to come into compliance. I'll give you time to say that. Can you -- and then if you think you can come into compliance in a reasonable amount of time, you request a continuance on this case so that the fine is not imposed, but I haven't heard anything. THE INTERPRETER: Okay. Yes, he would like more time, sir, to comply. CHAIRMAN KAUFMAN: How much more time does he need? THE INTERPRETER: Ninety days, sir. CHAIRMAN KAUFMAN: Okay. Ninety days. He knows what has to be done? THE INTERPRETER: Yes, sir. CHAIRMAN KAUFMAN: So, I don't want to put words in your mouth, but you're asking for a continuance on this case? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. So, any comments from the county? MS. BOWMAN: Is there any kind of explanation of why the September 24, 2020 Page 75 continuance is needed? THE INTERPRETER: Yes, because he needed -- CHAIRMAN KAUFMAN: Can you move the microphone. Closer to the microphone. THE INTERPRETER: Yes, because he needs more time to find out what really he needs to do, and he doesn't have a lot of money to get it done. CHAIRMAN KAUFMAN: Okay. This started in November of 2019. That's a long time ago. MR. LEFEBVRE: It started prior to that. We had the hearing November 2019. MR. SHORT: Mr. Chair, if I may. CHAIRMAN KAUFMAN: Yes. MR. SHORT: There was a permit applied for to convert that area to living space. Unfortunately, that permit never got issued. There was multiple rejections. Our discussion in the hallway is you plan to remove that area as well as the shed. So that area's not being used for living currently? THE INTERPRETER: No. MR. SHORT: So, the county has no objection to a 90-day. CHAIRMAN KAUFMAN: So, this wouldn't take that long to complete if we granted a continuance? MR. SHORT: Not as a demolition. CHAIRMAN KAUFMAN: Okay. Comments from the Board? MR. SHORT: Do you want to keep the structure as living space, or do you want to remove it? THE INTERPRETER: He'd like to keep it. MR. SHORT: Oh, okay. I misunderstood in the hallway. THE INTERPRETER: It's just where the kids playground, they play. September 24, 2020 Page 76 MR. SHORT: Okay. THE INTERPRETER: It's going to be a playroom. MR. ORTEGA: Is this habitable space? Is it air conditioned? MR. SHORT: It is not air conditioned, but it is enclosed with, it looks like, plywood. Poorly made. It's below flood. It's not going to be able to be converted into living space. CHAIRMAN KAUFMAN: It's not going to be able to be permitted? MR. SHORT: No, it won't be able to. CHAIRMAN KAUFMAN: Explain that our experts don't believe this can ever be permitted. THE INTERPRETER: Right. CHAIRMAN KAUFMAN: So, his only resolution to this is to remove it, really. THE INTERPRETER: Okay. Thank you. MR. LEFEBVRE: Turn it back into a lanai space, is that the -- turn it back into a lanai space, is that what his intentions are? Remove it and return it back to the original state, which was a lanai. CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: Is that what he plans on doing? What does he plan on doing? THE INTERPRETER: Yes, he would like to return it back to the lanai like it was. CHAIRMAN KAUFMAN: Okay. And how much time does he think he needs to do that? THE INTERPRETER: Over 60 days is what he requested. CHAIRMAN KAUFMAN: I'm getting a head shake on the left-hand side of the Board here. MR. ORTEGA: He did mention finances. So, if you're going to bring that into the equation, you'll be looking at four or five months. MR. LEFEBVRE: I make a motion to grant a continuance of September 24, 2020 Page 77 90 days. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. He has 90 days to get this done. THE INTERPRETER: Okay, sir. CHAIRMAN KAUFMAN: If he comes back within 90 days and it's not done, then we're going to impose the fine, which will be a lot more than the 37,000. THE INTERPRETER: Right. CHAIRMAN KAUFMAN: It will be in the $40,000 range. THE INTERPRETER: Okay. CHAIRMAN KAUFMAN: So you can't just sit on this thing. This goes back a long time. It's got to be taken care of. And the Board has given ample opportunity to have this done. THE INTERPRETER: Thank you very much. Yes, sir. He says, yes, thank you. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Thank you. CHAIRMAN KAUFMAN: Did I call for the vote? MR. LEFEBVRE: Yes. September 24, 2020 Page 78 MS. BUCHILLON: Next item on the agenda, No. 5, CESD20190007550, Julian Pereira and Maria E. Lopez. CHAIRMAN KAUFMAN: Is this on the hearings? MS. BUCHILLON: Imposition of fines. CHAIRMAN KAUFMAN: Give me the last four digits of the case. MS. BUCHILLON: 7550. MR. ESCOBAR: Good morning. (The speakers were duly sworn and indicated in the affirmative.) MR. ESCOBAR: Good morning. CHAIRMAN KAUFMAN: Can you state your names on the microphone for us. MR. ESCOBAR: Fernando Escobar. MR. PEREIRA: Julian Pereira. CHAIRMAN KAUFMAN: Okay. Is there a translation? MR. ESCOBAR: Yes, I've been doing all the process for him. CHAIRMAN KAUFMAN: Okay. And have you been sworn in as a translator? (Fernando Escobar, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) THE INTERPRETER: Yes. (The speaker was duly sworn and indicated in the affirmative.) MR. PEREIRA: Yes. CHAIRMAN KAUFMAN: We can figure that one out. Okay. Joe, you want to tell us about the violation. MR. MUCHA: Do you want me to read it into the record? CHAIRMAN KAUFMAN: Yeah. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). September 24, 2020 Page 79 The violation location is 14708 Apalachee Street; Folio No. 25967802481. Description of the violation is two sheds built and/or placed on the property without permits. Past orders: On November 22nd, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5703, Page 3300, for more information. On February 27th, 2020, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5758, Page 2563, for more information. The violation has not been abated as of September 24th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 22nd, 2020, to September 24th, 2020, 247 days, for a total fine of $24,700. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Previously assessed operational costs of $59.35 have not been paid. Operational costs for today's hearing is $59.42; for a total fine amount of $24,818.77. CHAIRMAN KAUFMAN: I have one question. THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: This is two sheds. THE INTERPRETER: Yes, one has been removed already. Like the -- CHAIRMAN KAUFMAN: Why has it taken almost a year to remove the shed? THE INTERPRETER: At first we didn't know what we supposed to do, and that's why I request 90 days last time. And we start with the process. We had a lot of corrections to make from the September 24, 2020 Page 80 county. So, we did all the corrections. We got all the paperwork ready for the county. CHAIRMAN KAUFMAN: Let me stop you a second. Corrections for what; to remove the shed? THE INTERPRETER: For remove the shed, and the other one to get the elevation -- MR. MUCHA: They removed one shed and they want to keep one shed. CHAIRMAN KAUFMAN: And they've applied for a permit for the second shed? MR. MUCHA: For the second shed, yes. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: It just hasn't passed the review process. CHAIRMAN KAUFMAN: Okay. So one shed's gone. THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: One shed's remaining. THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. I have another problem, and the problem is that the previously assessed operational costs of 59.35 have not been paid. THE INTERPRETER: I don't recall the second one. I've been here with him one time, so I didn't know what is the other one for. MR. MUCHA: This was for the continuance hearing that was in February. I don't -- according to the order, it said the respondent was here, but I'm not sure if he was here or maybe it was the father. THE INTERPRETER: I was here the first time, and I had the receipt here in my hands that I paid the $59 with him. But like I say, I don't recall the second one. CHAIRMAN KAUFMAN: That first one there is 59.28. THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: So the second one was 59.35. September 24, 2020 Page 81 Were you present at that date? THE INTERPRETER: I was present at the first one, but -- this is my second time being with him. CHAIRMAN KAUFMAN: Okay. Who was here the last time? THE INTERPRETER: I don't think nobody was here at that time. MR. LETOURNEAU: They had to have been. THE INTERPRETER: I was here one time with him but not the second time. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I think he's talking about the February 27th, 2020. Either a letter was written or somebody was here at that point. MR. MUCHA: Because they were actually requesting time, and you guys denied the extension of time but you granted a continuance. So I can't remember if somebody was here or not. I mean -- CHAIRMAN KAUFMAN: Okay. So how much time do you need? I'm going to guess that the $59.35 that haven't been paid was a language problem or misunderstanding since the other one was paid. So, my question is, how much time do you think you need to get this shed -- does the shed have electric in it? THE INTERPRETER: It's like extension that gives right to the little shed, but -- CHAIRMAN KAUFMAN: So, the answer is there's no electric in it other than using an extension cord? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Is there water in it? THE INTERPRETER: No. CHAIRMAN KAUFMAN: Okay. I'm going to ask one of my September 24, 2020 Page 82 experts over here. How long should it take to get a permit to get a shed in? MR. ORTEGA: Shed's already there. MS. BOWMAN: He's already applied. MR. ORTEGA: So, the only issues he's going to have to deal with is going to be zoning, setbacks, and elevation. If you're in a flood zone, below it, flood vents, okay? THE INTERPRETER: That's what we was waiting for, the direction, certificate, and then the county was closed. And we dropped one of these for them, but it got lost. So, we got all we need to give them, to the city, but we just got to go to correction or something like that. MR. MUCHA: There's several things that need to be corrected. But I can get him in touch with Renald. Excuse me, sir. MR. ORTEGA: Is it violating setbacks right now? MR. MUCHA: I think it was initially. I don't know. Has the shed been moved? Because -- THE INTERPRETER: The first one's been removed. The second one, we just -- MR. MUCHA: I mean, did the shed -- was it moved, though? THE INTERPRETER: Yes. MR. MUCHA: Because it's in a Habitat community, and their setbacks are a little different than -- CHAIRMAN KAUFMAN: They're small. MR. MUCHA: Yes. THE INTERPRETER: Yeah. We made all the corrections like you guys asked, and we got everything all ready for the city to approve the permit. CHAIRMAN KAUFMAN: Okay. The city or the county? The county. September 24, 2020 Page 83 THE INTERPRETER: The county. CHAIRMAN KAUFMAN: Okay. So, the shed is positioned on the ground far enough away from where it needs to be -- THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: -- to be in compliance? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. The county have any thoughts on whether we should consider granting a continuance? MR. MUCHA: The county would have no objection. They seem like they're trying. I mean, he recently reactivated the permit. It was expired, I mean, the permit application. I mean, it still has to -- he still has to submit his corrections, and it still has to be reviewed, but I'll try to help them through that process if I can. CHAIRMAN KAUFMAN: Okay. Do you know whether this is in a flood zone or not? MR. MUCHA: I can't tell you. It's in a Habitat community. MR. ORTEGA: Which Habitat community is it? MR. MUCHA: Is it Charlee Estates? THE INTERPRETER: Charlee Estates. MR. ORTEGA: Is that the one off the East Trail? MR. MUCHA: Yes, sir. MR. ORTEGA: It's in a flood zone. I think he's AE in that area. That just means that he's going to need flood vents installed, but that will -- the Building Department will -- probably already caught that. CHAIRMAN KAUFMAN: What's a reasonable amount of time to get everything done? MR. ORTEGA: Thirty days -- 60 days, actually. MS. BOWMAN: Sixty. CHAIRMAN KAUFMAN: Okay. Sixty days. Okay. Would anybody like -- September 24, 2020 Page 84 MR. LEFEBVRE: I make a motion that the operational costs for the last hearing and this hearing be paid within seven days of this hearing. THE INTERPRETER: Okay, understood. MR. LEFEBVRE: Okay. And a continuance of 60 days. THE INTERPRETER: Okay, yes. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. Discussion on the motion just to clarify it. Today's operational costs of $59.42 and the operational costs that weren't paid were $59.35. So let me try my arithmetic here. That's $118.77 needs to be paid within seven days, okay. THE INTERPRETER: I'll make sure I go tomorrow to receipt [sic] and pay it. CHAIRMAN KAUFMAN: Okay. You can talk to Joe outside and arrange for whatever. So we have a motion to grant the continuance. We voted on this. MR. LEFEBVRE: Not yet. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. THE INTERPRETER: Thank you. Have a good day. CHAIRMAN KAUFMAN: Okay. Thank you. September 24, 2020 Page 85 How we doing? MS. BUCHILLON: Oh, good. There's no more respondents. CHAIRMAN KAUFMAN: Right. MS. BUCHILLON: The next case will be -- MR. LEFEBVRE: Number 2. CHAIRMAN KAUFMAN: -- Number 2 from hearings or -- MR. LEFEBVRE: No, we already did hearings. MS. BUCHILLON: No, we have No. 26 under hearings, CESD20190013107, James Wuschke. Respondent was notified certified mail and regular mail September 10th, 2020, and it was also posted at the property and courthouse September 10th, 2020. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Junior. MR. TORRES: Just before we start, I was in contact with the property owner. He did send an email advising he would like a continuance maybe for next month, if possible. But if not, if it's not granted, I'm ready to present the case. MS. BOWMAN: What was his reasoning? MR. TORRES: He's out of town right now. He's in New Hampshire. He's trying to get, I guess, build the funds to fix the problems that he has at his property. I know he's, like, some commercial contractor. So, he's doing a contract right now in New Hampshire at a Dollar General. CHAIRMAN KAUFMAN: Is this commercial property? MR. TORRES: Yes, it is. MR. LEFEBVRE: Did he say when he was going to be back? MR. TORRES: He said he was going to be gone for about two weeks, which is -- he's there now, so I'm assuming he should be back by next month. MR. LETOURNEAU: Junior -- for the record, Jeff Letourneau -- we already gave him one in-house continuance last September 24, 2020 Page 86 time, right? MR. TORRES: Yeah. MR. LETOURNEAU: Okay. That's why we brought it before the Board this particular time. CHAIRMAN KAUFMAN: Yeah. I think it's a time -- you don't call in on the day of the hearing and request a continuance. If you're here and you come up to the microphone, it's a different story. But, obviously, if he's in New Hampshire, he knew he wasn't going to be here, and he probably knew that yesterday and the day before that, et cetera. So I'm in favor of hearing the case. MR. LEFEBVRE: Okay. So this isn't a formal motion for, I guess, a continuance from him? So we just hear the case. CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: We don't have to vote on it then? CHAIRMAN KAUFMAN: No. MR. LEFEBVRE: Let's hear the case. CHAIRMAN KAUFMAN: I just wanted to get nods from the Board whether you want to hear the case or grant a continuance or consider changing it. MS. BOWMAN: Let's hear it. CHAIRMAN KAUFMAN: Okay. Let's hear it. Okay, Junior, you're on. MR. TORRES: Good afternoon. For the record, Investigator Junior Torres, Collier County Code Enforcement. This in reference to Case No. CESD20190013107 dealing with violations of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) for interior renovations to the units without the required Collier County permits and inspections. Located at 3826 Exchange Avenue, Unit 110, Naples, Florida, 34104; Folio 31530444444 [sic]. September 24, 2020 Page 87 Service was given on November 4th, 2019. I would now like to present case evidence in the following exhibits: Six photos taken by Fire Inspector Jennifer Meredith on December 18th, 2019, and four photos taken by myself on August 25th, 2020. CHAIRMAN KAUFMAN: Okay. Before you do that, the folio number you said was 4444, the last bunch of digits, or 0000? Helen? MS. BUCHILLON: I'm sorry. For this one? CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: They're all zeros. CHAIRMAN KAUFMAN: Okay. I think you said 4s. MR. TORRES: Sorry about that. I'll say it again real quick. CHAIRMAN KAUFMAN: Okay. Read the folio. MR. TORRES: Folio 315304000000. CHAIRMAN KAUFMAN: Perfect. Okay. MR. TORRES: Sorry about that. CHAIRMAN KAUFMAN: It's okay. We have nobody to ask if they've seen the photos, so we'll take a motion from the Board to accept the photos entered into evidence. MS. ELROD: Motion to accept. MS. BOWMAN: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? September 24, 2020 Page 88 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. TORRES: I received a complaint from Jennifer Meredith, a fire inspector with Greater Naples Fire District, about interior renovations being done to the interior of 3826 Exchange Avenue, Unit 110. I then conducted a determination along with the county building official, Jonathan Walsh, using the photos provided by the fire inspector, and it was found to be violation. I then conducted a site inspection myself on August 25th, 2020, since the property owner allowed me to enter the property. I observed interior renovations such as an additional second floor, electrical work, and plumbing. And we tried to get him to come last month. He didn't come. So, we gave him that in-house continuance, and now he's in New Hampshire. So that's pretty much it. And the violation remains. No permits have been applied for. CHAIRMAN KAUFMAN: I see there's a dog there. So this thing is -- it's got everything; electric, plumbing. MR. TORRES: Yeah. There's a whole entire second floor in there. CHAIRMAN KAUFMAN: Okay. How long -- do you have any idea how long this has been that way? MR. TORRES: This case has been open since 2019, but I'm pretty sure there was a fire a year before, and that's probably when he did it. CHAIRMAN KAUFMAN: Okay. Well, first things first. Does a violation exist? MR. LEFEBVRE: Make a motion that a violation does exist. MR. ORTEGA: Second. September 24, 2020 Page 89 CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a recommendation for us, Junior? MR. TORRES: I do. Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in this 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, and/or occupancy for the unpermitted interior renovations within X amount of days of this hearing or a fine of X amount 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 should be abated -- I mean, all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Has this individual had control of the property for the past two years? September 24, 2020 Page 90 MR. TORRES: Yes. CHAIRMAN KAUFMAN: Okay. So, this isn't something where somebody bought somebody out or -- MR. TORRES: No. He's owned it for quite some time now. CHAIRMAN KAUFMAN: Okay. And in your discussion with him, did he give you any reason why nothing was done? MR. TORRES: He said he bought it that way. It just doesn't add up. The second floor seems kind of new. The whole entire place is gutted. CHAIRMAN KAUFMAN: What kind of commercial place is this? Not that it matters. MR. TORRES: It's one of those, like, aluminum structure metal buildings. CHAIRMAN KAUFMAN: What type of business? MR. TORRES: There's no business in there. He just has a commercial building there. I just know he's a contractor, but he doesn't do any business out of there. That's it. It's just -- MR. ORTEGA: Does this unit sit in between two other units? MR. TORRES: Yes, it does. MR. ORTEGA: The units on each side, what type of business; do you know? MR. TORRES: One's an electrician, and the one next to them is empty. MR. ORTEGA: So that wouldn't be an issue. Did Mr. Walsh render a decision on the construction type? Was it Type 5? Was it Type 2B? MR. TORRES: I wouldn't know that for sure. MR. ORTEGA: In the photos I saw wood. A metal building, most of the time, is a Type 2B, which means you wouldn't be allowed to have wood. MR. TORRES: Yeah, that's correct. He did mention that. September 24, 2020 Page 91 You can't have the wood. MR. ORTEGA: So, I also saw open walls, which I would imagine they were the fire-rated assemblies? MR. TORRES: Yes. One of the walls is a fire rated. MR. ORTEGA: Now, I'm asking these questions so members of the Board, when they render a decision as far as time, they know that this could be a life-safety issue. CHAIRMAN KAUFMAN: Okay. Well, Herminio, would you like to fill in the blanks on this one? MR. ORTEGA: If I could see it. MR. LETOURNEAU: I'll be right back to it. Here we go. MR. ORTEGA: Still can't see it. CHAIRMAN KAUFMAN: I'll help you out with the beginning. 59.28 to be paid within 30 days. MR. LEFEBVRE: Talk into the mic. MR. ORTEGA: I'm just special; sorry about that. CHAIRMAN KAUFMAN: How many days, and how many dollars? MR. ORTEGA: 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. Must obtain all required Collier County building permits or demolition permits and request all inspections through certification of completion/occupancy for the unpermitted interior renovations within, I want to say, 30 days of this hearing or fine of $250 per day will be imposed until the violations are 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 September 24, 2020 Page 92 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. That's your motion? MR. ORTEGA: That's my motion. CHAIRMAN KAUFMAN: Go ahead. Could we get a second? I'll second it. And I'd like to note that the short time, 30 days, and the fine of $250 is because this individual has had this property for a long time and has done nothing, and it is a fire hazard, fire and safety, especially with open walls. So, if he's looking for a nudge to get this done, he just got it. MR. LEFEBVRE: The other thing, too, is from testimony, he is a contractor, so he should know what needs to be done. I still think 30 days is a little bit short. MR. ORTEGA: It is short. That's why I did it. MS. ELROD: But he could come up in front of us and request more time. MR. ORTEGA: Absolutely. CHAIRMAN KAUFMAN: Yes. MR. TORRES: Sounds good to me. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Junior. September 24, 2020 Page 93 MR. TORRES: Thank you. MS. BUCHILLON: Next item on the agenda, under motion for imposition of fines, No. 2, CESD20180006671, Anthony High and Veronica Andis-High. Respondents were notified certified mail and regular mail on September 10th, 2020, and it was also posted at the property and courthouse September 16th, 2020. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. Okay, Sher. MS. PATTERSON: Sherry Patterson, Collier County Code Enforcement. Violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and the Florida Building Code, Fifth Edition, Section 105.1. The location is at 9512 Chelford Court, Naples, Florida. The folio is 80221880003. Description of the violation is alterations/additions commenced prior to the obtaining of required Collier County building permits. The past order was on April 26th, 2019. The Code Enforcement Board issued a finding of fact, conclusion of law and order, and the respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached order of the Board, Order OR5629, Page 3157, for more information. The violation has not been abated as of September 24th, 2020. The fines and costs to date as follows: Fines have accrued at a rate of $200 per day for the period from July 26th, 2019, to September 24th, 2020, 427 days, for a total fine amount of $85,000 and $400. Fines continue to accrue. Previously assessed operational costs of 59.49 have not been paid. Operational costs for today's hearing is 59.28. The total fine September 24, 2020 Page 94 amount is $85,518.77. CHAIRMAN KAUFMAN: Okay. Well, this is -- nothing's been done in over a year, didn't pay the operational costs in the past, and it's still not in compliance, so our -- MR. LEFEBVRE: Couple questions. Not that it's going to matter, but a couple questions. Has there been any contact with this respondent? MS. PATTERSON: I spoke with him probably last week, and he asked me -- had a couple questions for me, and he said that he was working on it but, you know, he understands. I told him about the operational costs. Those haven't been paid, so... MR. LEFEBVRE: Okay. And why did it take so long to bring it back in front of us to impose the fines? MS. PATTERSON: That I don't -- I don't have an answer for that other than the fact that I will use the COVID-19 as one of the hearings that may have been -- you know, may have gone to a hearing and then it was pushed back, but I don't have a total answer for that. MR. LETOURNEAU: Yeah, that is correct. We had a backlog of cases due to not having hearings for so many months, and we've been trying to play catch-up. I try to balance the agenda and not have too much on it at one time, and this one just came up. MR. LEFEBVRE: This is July 26th last year that the compliance was dated. So usually we're pretty close to, after that date passes, bringing -- MR. LETOURNEAU: We are. Was there any compliance efforts in the beginning, maybe, Sherry, that we didn't bring it back? MS. PATTERSON: I don't have the case in front of me, to be honest with you. MR. LETOURNEAU: Okay. MR. LEFEBVRE: Make a motion to impose. September 24, 2020 Page 95 MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fines. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Sherry. MS. PATTERSON: Okay, thank you. MS. BUCHILLON: Next item, No. 6, CESD20190002990, Lunel Napoleon. Respondent was notified by certified mail and regular mail on September 10th, 2020, and was also posted at the property and courthouse on September 10th, 2020. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Joe, you're on. MR. LETOURNEAU: Joe, you want to put the letter up first, or how do you want -- MR. MUCHA: Yes. The gentleman submitted a letter. CHAIRMAN KAUFMAN: It's short, and I'll never be able to read this unless I had binoculars. MR. LETOURNEAU: A synopsis is he's basically asking for the fines to be waived by the Board. CHAIRMAN KAUFMAN: That's great, okay. MR. LEFEBVRE: It's on the second page. MS. BUCHILLON: It's on the second page. MR. ORTEGA: In his email. CHAIRMAN KAUFMAN: Okay. So originally this was an September 24, 2020 Page 96 addition to a structure? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: And he took care of it? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Right away. Anybody like to take a motion -- MR. LEFEBVRE: Don't we have to read it into the -- CHAIRMAN KAUFMAN: You can. MR. MUCHA: Okay. 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 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Violation location is 13485 Koinonia Drive. Folio No. 77390001522. Description was an addition added to the rear of the home without a permit. Past orders: On September 26th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5684, Page 44, for more information. The violation has been abated as of March 30th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 25th, 2020, to March 30th, 2020, 66 days, for a total fine amount of $6,600. Previously assessed operational costs of $59.49 have been paid, operational costs for today's hearing is $59.35, for a total fine amount of $6,659.35. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion on this? September 24, 2020 Page 97 MR. ORTEGA: I'll make a motion to deny the county's fines. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. MS. BUCHILLON: That was the last case. CHAIRMAN KAUFMAN: Okay. The memorandum that we have, do we need to vote on that, authorizing the collections from the County Attorney? MR. LEFEBVRE: It says consent agenda. When we approve the agenda, if it's on the consent agenda, that means -- CHAIRMAN KAUFMAN: It's automatically done. I'd almost recommend we agree to it anyhow -- MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: -- just for safety sake. MS. BOWMAN: Good measure. CHAIRMAN KAUFMAN: Do you agree, Patrick? MR. WHITE: That would be advisable. CHAIRMAN KAUFMAN: Okay. Someone like to make a motion to approve the County Attorney for the collection authorization? MS. BOWMAN: I'll make a motion. September 24, 2020 Page 98 CHAIRMAN KAUFMAN: Okay. And do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LEFEBVRE: Motion to adjourn. MS. ELROD: Second. CHAIRMAN KAUFMAN: We are adjourned. ***** September 24, 2020 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :48 a.m. ODE E BOARD BERT KA , CHAIRMAN These minutes approved by the Board onb ),v,0, as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 99