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CEB Minutes 10/23/2020October 23, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 23, 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 Sue Curley Ron Doino Kathleen Elrod Chloe Bowman (Absent) Herminio Ortega (Absent) Barbara Ann Davis (Absent) Danny Blanco (Absent) ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 23, 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 1. CASE NO: CEPM20190008606 OWNER: Arthur S Nichols and Stella M Nichols OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15) and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unmaintained pool. FOLIO NO: 26830520006 PROPERTY 3112 Gordon St, Naples, FL ADDRESS: 2. CASE NO: CEA20200001414 OWNER: Dean Parave and Irene Momi Parave OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.03.2(A)(1)(d). Pig being kept in residentially zoned home. FOLIO NO: 22435002949 PROPERTY 1234 Kendari Terr, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CELU20190013849 OWNER: NOAH’S ARK CHURCH INC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Noah’s Ark Church operating a food bank/pantry distribution program, patrons 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: 2. CASE NO: CEPM20200006043 OWNER: Nelly Wadman OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(c) and 22-231(12)(p). Interior wall and ceiling damage and stains, possible roof damage. FOLIO NO: 32482800003 PROPERTY 954 Bluebird St, Naples, FL ADDRESS: 3. CASE NO: CEPM20200000363 OWNER: OZLYN GARDEN VILLAS A CONDOMINIUM OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Multiple docks in a state of disrepair. FOLIO NO: 81780360005 PROPERTY 2862 Arbutus St, Naples, FL ADDRESS: 4. CASE NO: CEPE20200007905 OWNER: Kimberly Dempsey OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66(1)(c). Vehicle(s) parked on the apron section of the driveway on the right of way, blocking the sidewalk. FOLIO NO: 62250740006 PROPERTY 5344 Floridan Ave, Naples, FL ADDRESS: 5. 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). Roof covered with a blue tarp. Also, witnessed T- 111 siding on this multilevel structure that is rotting in many locations and facia boards partially covered by the metal drip edge that are rotted. FOLIO NO: 29831080005 PROPERTY 2978 Poplar St, Naples, FL ADDRESS: 6. 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: 7. CASE NO: CEPM20200006626 OWNER: Johnson Pharisien OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236. Collier County Building Department has declared that the structures on this parcel are dangerous. FOLIO NO: 50890640002 PROPERTY 2617 Holly Ave, Naples, FL ADDRESS: 8. CASE NO: CENA20200007211 OWNER: Johnson Pharisien OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Witnessed the growth of grass and weeds in excess of 18’ on this parcel. FOLIO NO: 50890640002 PROPERTY 2617 Holly Ave, Naples, FL ADDRESS: 9. 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: 10. CASE NO: CESD20200004952 OWNER: ALL BUILDING AND MAINTENANCE LLC 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). Renovations/alterations including, but not limited to, drywall, kitchen cabinets and windows. FOLIO NO: 67030560003 PROPERTY 302 Pinehurst Cir, Naples, FL ADDRESS: 11. CASE NO: CESD20170006435 OWNER: MIDLAND IRA INC SCOTT TOTH IRA OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, a s 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: 12. 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). Unpermitted structures, accessory structures and/or improvements: a shed structure, an electrical panel in the garage, a remodeled kitchen, a converted porch and wooden structures in the rear of the property (one shelter type structure and one decorative type structure on the outside of the rear fence gate) FOLIO NO: 36663240006 PROPERTY 4411 3rd Ave NW, Naples, FL ADDRESS: 13. CASE NO: CESD20200002597 OWNER: James Kelley OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Modifications to the primary structure were made including the installation of 2 sets of sliding glass doors and the construction of a rear deck/patio with any permits. FOLIO NO: 388200001 PROPERTY 327 Pier A, Naples, FL ADDRESS: 14. CASE NO: CEAU20200001629 OWNER: John R McCann Jr and Ashley Law McCann OFFICER: Junior Torres VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Observed wooden fence needing repairs and/or replacement. FOLIO NO: 68096280009 PROPERTY 3520 Balboa Cir E, Naples, FL ADDRESS: 15. CASE NO: CESD20200000501 OWNER: George Saintil and Claricia Saintil OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted shed on the property and expired permit for addition to home PRBD20190627609. FOLIO NO: 25967801343 PROPERTY 14599 Chickee Dr, Naples, FL ADDRESS: 16. CASE NO: CEPM20190009401 OWNER: SUNSHINE GASOLINE DISTRIBUTORS OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-240(1)(b), 22-240(1)(i), 22- 240(1)(n)(1), 22-240(2)(i) and 22-240(2)(1). Vacant gas station store with roof damage, damaged light fixtures on the exterior and a damaged canopy for the gas pumps. FOLIO NO: 766400009 PROPERTY 17100 Tamiami Trl E, Naples, FL ADDRESS: 17. CASE NO: CESD20200002953 OWNER: SWFL PROPERTY HUB LLC 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). Renovations/improvements including, but not limited to, a new kitchen (moved it from the corner by the side door to the middle of the living area); new outlets for the appliances and new plumbing; new sink in the guest bathroom; toilet was moved in master bathroom. There was a wall in the middle of the living space with arches that was taken out. FOLIO NO: 81629640006 PROPERTY 291 Matecumbe Ln, Naples, FL ADDRESS: 18. 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), 1.02.06(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: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CEAU20170016724 OWNER: Tam Thanh Nguyen and Tammy Nguyen OFFICER: Delicia Pulse VIOLATIONS: Florida Building Code, 6th Edition (2017), Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Chain link and wood fence on property and no Collier County Building permit, fencing is dilapidated and not maintained. FOLIO NO: 38396160008 PROPERTY 5175 Green Blvd, Naples, FL ADDRESS: 2. CASE NO: CELU20180013990 OWNER: Vladimir Portal and Caridad Paz OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted improvements/structures: a converted garage, an aluminum porch, an entry addition, a large warehouse, a swimming pool and ground level addition to the permitted pigeon coop. FOLIO NO: 36914160000 PROPERTY 2035 Golden Gate Blvd W, Naples, FL ADDRESS: 3. CASE NO: CESD20180002267 OWNER: Joseph Costa Jr and Charles Beauregard OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Exterior renovations to include, removal of siding, installing windows, and addition to the side of the dwelling. FOLIO NO: 77212000009 PROPERTY 138 3rd St, Naples, FL ADDRESS: 4. CASE NO: CESD20170002774 OWNER: N-A PROPERTIES LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)(e) and (i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 PROPERTY 5630 Copper Leaf Ln, Naples, FL ADDRESS: 5. CASE NO: CESD20180010414 OWNER: Thomas A Gray and Carla Fingar OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Repairs to the carport/lanai area and the shed including, but not limited to, roofing, walls and support beams without a Collier County permit. FOLIO NO: 81627800000 PROPERTY 231 Pine key Ln, Naples, FL ADDRESS: 6. CASE NO: CEOCC20190008179 OWNER: Crispin Trujillo OFFICER: Delicia pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-11(b) and Collier County Land Development Code 04-41, as amended, Sections 5.02.03, 5.02.03(C), 5.02.03(E) and 5.02.03(J). Prohibited business activity observed, employees coming to and leaving property. No Business Tax receipt for business operation. FOLIO NO: 38398960002 PROPERTY 4825 Green Blvd, Naples, FL ADDRESS: 7. CASE NO: CESD20160015133 OWNER: Esmerido Castro OFFICER: Santo Nicita VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(10(a). New exterior door, a wall-mounted air conditioning unit, partitioned walls and plumbing fixtures installed/added to the existing attached garage on improved occupied residential property without obtaining a permit. FOLIO NO: 36378000007 PROPERTY 5260 21st Pl SW, Naples, FL ADDRESS: 8. CASE NO: CESD20180014394 OWNER: Daniel R Blake and Sally Sue Blake OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Occupying the mobile home without first completing all inspections and receiving the certificate of completion/occupancy. FOLIO NO: 81626360004 PROPERTY 271 Sugar Loaf Ln, Naples, FL ADDRESS: 9. 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: 10. CASE NO: CESD20190011745 OWNER: Diane Moore OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section10.02.06(B)(1)(a). Interior building/alteration without permit. FOLIO NO: 81623040000 PROPERTY 140 Lime Key Ln, Naples, FL ADDRESS: 11. CASE NO: CELU20160010501 OWNER: Anthony V Piccirilli Est OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted alterations to the carport structure resulting in residential use of industrially zoned property. FOLIO NO: 249120000 PROPERTY 1891 Elsa St, Naples, FL ADDRESS: 12. 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 required Collier County Permit. FOLIO NO: 53057000000 PROPERTY 2116 Buckingham Ln, Naples, FL ADDRESS: 13. CASE NO: CESD20180015180 OWNER: James Clay 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). Interior remodeling without obtaining the necessary permits. FOLIO NO: 52392400007 PROPERTY 184 Pago Pago Dr W, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE-FRIDAY NOVEMBER 24, 2020 XIV.ADJOURN October 23, 2020 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call Code Enforcement Board to order. Notice: That the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need the 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. So that brings us to, if everybody will rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Now, Helen, why don't we start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Present. MS. BUCHILLON: Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Here. MS. BUCHILLON: Ms. Sue Curley? October 23, 2020 Page 3 MS. CURLEY: Here. CHAIRMAN KAUFMAN: Everybody else is excused. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Any comments from the Board on the minutes? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Could we get a motion to approve the minutes. MS. ELROD: Motion to approve the minutes. CHAIRMAN KAUFMAN: And a second. MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And now my favorite part, the agenda. MS. BUCHILLON: Did Sue forget to bring a pen? MS. CURLEY: Yep. There's usually a drawer here, and it's missing. MS. BUCHILLON: Okay. Start with the changes. We have six stipulations. First stipulation under public hearings, No. 5, CEPM20190014027, John DiMarco. Number 3, CEPM20200000363, Ozlyn Garden Villas Condominium. Next item, No. 6, CESD20190010331, Thomas P. Ryan Trust. Next item, No. 12, CESD20180015246, Leonard I. Heller. October 23, 2020 Page 4 Number 14, CEAU20200001629, John R. McCann, Jr., and Ashley L. McCann. And the last one, No. 1, CELU20190013849, Noah's Ark Church, Inc. Those are all the stipulations. Now we have withdrawals. Under public hearings for hearings, No. 8, CENA20200007211, has been withdrawn. It has been abated. Number 9, CEVR20200002676, Timothy Susalla, has been withdrawn due to compliance efforts. Number 10, CESD20200004952, All Building and Maintenance, LLC, has been withdrawn. It will be rescheduled for next hearing. Number 11, CESD20170006435, Midland IRA, Inc., Scott Toth IRA, has been withdrawn. Permit has been activated. Number 13, CESD20200002597, James Kelley, has been withdrawn due to compliance efforts. Number 16, CEPM20190009401, Sunshine Gasoline Distributors, has been withdrawn due to compliance efforts. Number 17, CESD20200002953, Southwest Florida Property Hub, LLC, has been withdrawn due to compliance efforts. Number 18, CESD20200001366, Nicole Vincent, has been withdrawn. It has been abated. Under motion for imposition of fines, No. 1, CEAU20170016724, Mr. Tam Thanh Nguyen and Tammy Nguyen, has been withdrawn due to compliance efforts. Number 2, CELU20180013990, Vladimir Portal and Caridad Paz, has been withdrawn due to compliance efforts. Number 7, CESD20160015133, Esmerido Castro, has been withdrawn due to compliance efforts. Number 9, CESD20180002262, CTPML, LLC, has been withdrawn due to compliance efforts. Number 10, CESD20190011745, Diane Moore, has been October 23, 2020 Page 5 withdrawn. Respondent's out of the state. Number 11, CELU20160010501, Anthony V. Piccirilli Estate, has been withdrawn due to compliance efforts. Number 13, CESD20180015180, James Clay, has been withdrawn due to compliance efforts. Those are all the withdrawals. CHAIRMAN KAUFMAN: I have a question. Maybe I'll direct it to Jeff. These names were heard, they were found in violation, all of these that we just withdrew. MR. LETOURNEAU: We're talking about the imposition. CHAIRMAN KAUFMAN: Why is the imposition being done before the Board hears it? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Every month I get a list of all the cases that are going to go to imposition or up for imposition, and I make a decision whether or not we're going to bring them there based on the evidence if the respondents are making any efforts to come into compliance. Code feels that we would rather keep it in this venue if there's -- if they're legitimately trying to come into compliance rather than having you guys vote to impose it, and then it's out of your hands and it goes to the Commissioners at that point. So, a lot of times I'll put these on a list, and we'll find out that they are making legitimate efforts recently to come into compliance, so we pull the cases at that time to bring them back at a later time. The fines are still running. They're still being -- you know, the whole -- you know, their punishment is still going on. It's just that we're not bringing them to you until we feel they come into compliance or they're at least making an effort to come into compliance. CHAIRMAN KAUFMAN: So, these are not done? October 23, 2020 Page 6 MR. LETOURNEAU: The ones that we just pulled are closer to compliance than when we scheduled them for this agenda. CHAIRMAN KAUFMAN: But the actual completion of these cases is decided by the Board; is that correct? MR. LETOURNEAU: They're decided by the Board when we bring them before you. CHAIRMAN KAUFMAN: And that's how they got here to this part of the agenda. MR. LETOURNEAU: Right. We put them on the agenda, but we still have the right to withdraw them before the Board hears them. MS. CURLEY: So, if one says that they're withdrawn because of compliance, that means they've satisfied the county's -- MR. LETOURNEAU: Right. The ones that are in compliance, we always bring and they're going to go. The ones that are, like, still struggling to come into compliance, we generally don 't put them on the imposition if they're making legitimate efforts. I get that list, and I see that there hasn't -- you know, a lot of times I won't read the entire story of the code case detail report, and it looks to me like they're not coming into compliance. Well, then the supervisor or investigator will come say, well, yeah, I didn't put this particular verbiage in there and, in reality, they are coming into compliance. We'll pull it at that time, and then Helen will say, withdrawn due to compliance efforts. CHAIRMAN KAUFMAN: So, let me -- MR. LETOURNEAU: We'd rather keep it in this venue rather than moving it on to the commissioners if at all possible. CHAIRMAN KAUFMAN: If a case is pulled, withdrawn like -- MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: -- several of these were, and they don't come into compliance, the case comes back to the Board. October 23, 2020 Page 7 MR. LETOURNEAU: It does. It will always eventually come back to the Board no matter what. CHAIRMAN KAUFMAN: Okay. I was just curious. MR. LETOURNEAU: Okay. MR. LEFEBVRE: Motion to approve. MS. CURLEY: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Helen, are we done with the changes? MS. BUCHILLON: No, no. I have an order that we need to rescind from last month. It is CESD20190001005, Ezequiel Camargo. He actually -- we have a new deed, and it came in after all this started, which he added his wife to the deed, so we have to serve a new NOV. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And we need to rescind what you said last month. CHAIRMAN KAUFMAN: Okay. So, you need to make a motion to rescind that order? MS. BUCHILLON: Yes, sir. MS. CURLEY: Just because they added a spouse? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Anybody want to make a motion to rescind that order? MR. DOINO: Motion to rescind. CHAIRMAN KAUFMAN: Do you have any questions? MR. LEFEBVRE: Well, we had a motion to approve the agenda. So that was pulled? CHAIRMAN KAUFMAN: Well, it's all part of the agenda. MS. BUCHILLON: Yeah. We're adding it to the rescin d, yeah. October 23, 2020 Page 8 MR. LEFEBVRE: Then I make a motion to approve the agenda which then approves this. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. We have a second? MR. DOINO: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to Case 5. MS. BUCHILLON: We're doing the motion for extension of time? CHAIRMAN KAUFMAN: You want to do that first? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 1, CEPM20190008606, Arthur S. Nichols and Stella M. Nichols. (The speaker was duly sworn and indicated in the affirmative.) MS. GIGUERE: I do. Good morning. For the record, Vicki Giguere, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Joe, are you going to testify? MR. MUCHA: I may say something. CHAIRMAN KAUFMAN: Okay. I didn't think you were up there because you were good looking. October 23, 2020 Page 9 (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: So this is an unnamed -- unmaintained pool? Is it now maintained? MS. GIGUERE: At this point, technically, no. The owner has -- has it in his mind that he wants to turn this into an actual operating pond, and it has fish and other life inside of it thus far. And he's working with the Building Department to figure out how they can possibly change the structure of the pool permit into a pond, an operating pond. He's been told he'd have to remove the stairs, et cetera. In the meantime, they have put up a permitted fence around the entire property, so it's not a health and safety issue at this time. CHAIRMAN KAUFMAN: So, when did this case -- when were they first noticed? MS. CURLEY: Well, September 22nd, 2020, the owner sent an email to Joe stating that he wants to turn it into a pond. MS. GIGUERE: Yeah. This case has been going on since 2019. The original notice of violation was sent out to them in September of 2019. MS. CURLEY: Is it just, like, exotic frogs and things in there and the pool's dead, or does this guy legitimately have, like, koi fish in there? MS. GIGUERE: There's fish in there and thriving life and, I mean, they have a little, what do you want to call it, little system kind of filtering through the water. MR. MUCHA: An aerator, yeah. CHAIRMAN KAUFMAN: Is there any smell -- well, this thing was reported? MS. GIGUERE: There's no smell. You can actually see all the way to the bottom of the pool. It's not clear, but you can see to the bottom of the pool, and you can see all of the fish swimming and October 23, 2020 Page 10 thriving and eating. MR. MUCHA: I mean, it's definitely unconventional. I haven't seen anything like it in my 15 years here, but I guess there is a process for him to do it. They're working with the Building Department. They got the fence permit, which was part of the process. They have to remove the ladder, which is part of the process. So, they're making the steps to do it. I mean, I guess, we gave them that option, and he's trying to do it. He just needs more time, I guess. CHAIRMAN KAUFMAN: How much time are they asking for? MR. MUCHA: They didn't really give us a time frame. I would say maybe -- when's your guys' next hearing; in January? MS. BUCHILLON: November. MR. MUCHA: I'm saying -- but, yeah, I would say -- I would think by then we should have some more clarity on this. It should be, hopefully, done by then. CHAIRMAN KAUFMAN: So, they're asking for a, if you will, a 60- or 90-day extension of time? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just for the record, I would like to quote my favorite movie, Caddy Shack. A pool or a pond? And a pond will be good for you. CHAIRMAN KAUFMAN: Pond what? MS. CURLEY: Pond will be good for you. It's the famous quote from Caddy Shack. Give him a pond. MR. LEFEBVRE: Was that in a motion? CHAIRMAN KAUFMAN: I don't know. Do we have any motions on this to grant an extension of either 60 or 90 days? MS. CURLEY: I'll make a motion to grant an extension until October 23, 2020 Page 11 2021, the first meeting of 2021. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: Bring us pictures next time. MR. MUCHA: Yeah, I will, actually. It would be good for you guys to see it. Like I said, I've never seen anything like it in 15 years, but there's always a first time for everything, right? MS. CURLEY: It sounds pretty neat. MS. BUCHILLON: Next item, No. 2, CEA20200001414, Dean Parave and Irene Momi Parave. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. GIGUERE: I do. CHAIRMAN KAUFMAN: Somebody has a pig in a place where you shouldn't have a pig? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: And this was originally cited when? MR. MUCHA: It was cited earlier this year. It was supposed to go to hearing way back when, and then we kind of -- our hearings got put on hold, so it didn't really get back to -- was it September, I believe, or August. October 23, 2020 Page 12 MS. GIGUERE: Yeah. The original notice of violation was back in March, and then we were going to bring them to a hearing after their 30 days of compliance were up, but the hearings got put on hold due to the pandemic. So, this -- the first opportunity for them to come was back in August, and they entered into a stipulation agreement, and before the time was up on the stipulation, they put in this request for a motion of extension of time. MS. CURLEY: Where is this neighborhood? MS. GIGUERE: Artesia, down 41 back off of Barefoot. CHAIRMAN KAUFMAN: Single-family or condo? MR. MUCHA: Single-family homes, right? MR. LEFEBVRE: A mix of -- MS. GIGUERE: Yeah, it's a mix of the two. This one, I believe they're technically single-family. I think they only share, like, a common wall on the outside like a -- not like a fence but, like, a brick wall is what they share but not the actual structure. CHAIRMAN KAUFMAN: What is the code on the farm animals, if you will? MR. MUCHA: You can't have them in a residential area. CHAIRMAN KAUFMAN: Okay. So, this is kind of cut and dry, isn't it? MR. MUCHA: It is. I mean, they asked for the time. I mean, I was going to say that we've had some opposition. I've had one guy call me and say he's opposed to them getting any kind of extension and also, we had a lady email us yesterday. So, I mean, they're trying to sell their home so they can move somewhere where they can have a pig but, obviously, with things being the way they are, they haven't had too much success. MS. CURLEY: Well, I mean, come on and look at our house and don't mind the pig. MR. MUCHA: I mean, we've personally never seen the pig. October 23, 2020 Page 13 The only reason we know the pig exists is because of the people that told us it exists, and they -- the owners admitting to having a pig, but we've never actually seen -- it's not kept outside or anything. It's kept in the home, but I guess they do walk it at times. And it's a big pig. It's not like your little potbelly pig. It's a full-size pig. MS. CURLEY: Oh, come on. It's in his house. I make a motion to grant the extension. How long to sell this house? I mean, they've got to move the pig every time somebody wants to see it. CHAIRMAN KAUFMAN: Anybody second that motion? MS. ELROD: Second. MR. LEFEBVRE: What time frame? MS. CURLEY: I'll give them six months. I mean, give me a break. It's a pig. It's in his own house. It's a private property. And just because the neighbor doesn't like him, give me a break. CHAIRMAN KAUFMAN: Well -- and it's not that the neighbor doesn't like it; it's against the code. MS. CURLEY: No one's seen it. CHAIRMAN KAUFMAN: Obviously somebody has seen it. They filed a case. MS. CURLEY: It's hearsay right now. I give the guy six months to get his act together. CHAIRMAN KAUFMAN: Okay. You have a motion and you had a second. MS. ELROD: Yep. CHAIRMAN KAUFMAN: Any discussion on the motion? MR. LEFEBVRE: I think six months -- MS. CURLEY: The only question is, is it listed for sale? MS. GIGUERE: It is. And there is a lockbox on the front door, so they are having it showed. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. October 23, 2020 Page 14 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Please. It's a pet. CHAIRMAN KAUFMAN: It passes. MR. MUCHA: Thank you. MS. BUCHILLON: Okay. So, let me clarify; continuance or extension of time? CHAIRMAN KAUFMAN: I would say it's a continuance unless you change it. If you make it the other way, there's no fines accruing. MS. CURLEY: Yeah. They asked for an extension before their September 30th expiration date, so I think it should be fineless for six months. His original stipulation was September 20th, 2020, and he -- the people contacted them before that expiration. CHAIRMAN KAUFMAN: Okay. So, your motion you want to say that it is not a continuance. MS. CURLEY: An extension so we don't have to see him back here. If he takes care of his issue and moves in six months, then free and clear and he doesn't have to spend another $48 to come and see us. CHAIRMAN KAUFMAN: Okay. So, you're saying an extension of time. Does the second agree? MS. ELROD: Absolutely. CHAIRMAN KAUFMAN: Okay. That's the motion then. All those in favor? MR. LEFEBVRE: We already voted on it. CHAIRMAN KAUFMAN: Well, not with that. MR. LEFEBVRE: We voted on it as an extension. October 23, 2020 Page 15 MS. CURLEY: Clarification. Settled. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Still -- MR. MUCHA: Would that be the same first case then, an extension? The gentleman contacted us again before his compliance date, too. Would that be the same circumstance? Extend to the next hearing in January? CHAIRMAN KAUFMAN: Yeah, because we haven't heard the case. MS. BUCHILLON: Okay. MS. GIGUERE: Thank you. MS. CURLEY: Just for pure efficiency of the administration. MR. WHITE: Mr. Chairman, just for a point of clarification, can we go back to No. 1. I'm not clear on whether it was a grant of continuance or -- which an order would deny the motion to extend but grant a continuance. I'm not clear on how to write the order, whether it's similar to No. 2 or it's straight out a grant of the extension, or denial and continuance. CHAIRMAN KAUFMAN: What did we do on the first case? Who made the motion on the first case? MS. CURLEY: I think I did. MR. DOINO: Sue did. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I don't remember. I mean, I didn't choose one or the other, to be honest. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I understood the form of the motion to be effectively a denial of the extension request, but a grant of a continuance for, I believe it was -- CHAIRMAN KAUFMAN: Ninety plus days; till the first meeting in -- October 23, 2020 Page 16 MR. WHITE: Right, until the meeting in January, so that the fines would continue to accrue. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Thank you for the clarification. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: That's a little different. A pond and the pig. MS. BUCHILLON: Okay. We're going to go ahead and start with the stipulations. CHAIRMAN KAUFMAN: Okay. First stipulation. MS. BUCHILLON: First stipulation, No. 5, CEPM20190014027, John D. DiMarco, III. CHAIRMAN KAUFMAN: We'll let the record show that the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Okay, John. You want to read the stipulation into the record. MR. JOHNSON: Yes. And, Mr. Chair, if you need to see pictures, there are pictures available for this one if you want it. 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; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificates of completion/occupancy for the repair or removal of the structure within 180 days of this hearing, or a fine of $250 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 October 23, 2020 Page 17 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. Anybody want to make a motion on this? MS. ELROD: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Next stipulation, No. 3, CEPM20200000363, Ozlyn Garden Villas A Condominium. CHAIRMAN KAUFMAN: Don't go too far, John. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. I guess I didn't do the "for the record" statement, so I will do it now. For the record, John Johnson, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in October 23, 2020 Page 18 the prosecution of this case within 30 days of this hearing; Number 2, must obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the removal and/or replacement of the boat docks within 180 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, 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: Is this in the -- off Immokalee Road? Is that this area? We had a bunch of those. MR. JOHNSON: No. This is actually off of -- it's at the end of Becca. Becca is off Bayshore. I have photos if you want to see it. CHAIRMAN KAUFMAN: I got it. No, I understand. MR. JOHNSON: It's at the end on a canal off of Haldeman Creek. CHAIRMAN KAUFMAN: The only reason I ask is as far as the amount of time and the fine, I just wanted to be consistent with our orders. Okay. Anybody want to make a motion? MS. ELROD: Motion to accept. MS. CURLEY: Well -- CHAIRMAN KAUFMAN: Do you have a comment you want to make? MS. CURLEY: I did have a comment. So, it's -- the original October 23, 2020 Page 19 violation was noted May 7th, I think, right? CHAIRMAN KAUFMAN: Uh-huh. MS. CURLEY: And so now it's five months later, and we're giving him another six months. MR. JOHNSON: Correct. MS. CURLEY: To take some rotten docks away that are dangerous, obviously? I mean, they're not -- they're dilapidated. MR. JOHNSON: And, again, if you want to see them, you can see them. MS. CURLEY: Just -- MR. JOHNSON: The issue, I'm sorry -- MS. CURLEY: Just one other question. So, who complained about this? Was it a neighbor? Is it in the way of a navigable waterway? I mean, what's -- MR. JOHNSON: It's a canal off of Haldeman Creek. The canal ends at Mangrove. Again, I'd -- I could show you on the map if you'd like. It is a navigable waterway. What happened here is all the condos -- it's a condo association. They've all been assessed the assessment, if you will, to do these dock repairs. They've all paid it. The contractor that they hired is struggling with his Site Development -- insignificant Site Development Plan change, and it's gotten kind of bogged down. Of course, COVID didn't help. So, they brought in a consultant, a marine consultant firm that feels like he has it under wraps. So, again, I can't describe what you can't see. It's not impeding the navigation of the canal, but the docks themselves are in need of repair, and they're all paid for. Plans have been submitted. Everything's been submitted. MS. CURLEY: Well, that information's helpful. I thought they were just wanting extra time just -- MR. JOHNSON: Right. No, no. October 23, 2020 Page 20 MS. CURLEY: It sounds like they've done a lot of groundwork. So, I'm fine with it if you want to make a motion. CHAIRMAN KAUFMAN: Okay. So, we're up to the we have a motion. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. MS. BUCHILLON: Next stipulation, No. 6, CESD20190010331, Thomas P. Ryan Trust. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: For the record, Sherry Patterson, senior investigator, Collier County Code Enforcement. CHAIRMAN KAUFMAN: So, we're back to the area where we had probably 10 cases at our last meeting. MS. PATTERSON: This one is actually -- yes, this is about -- CHAIRMAN KAUFMAN: Sharwood right off of -- MS. PATTERSON: Exactly. So -- MR. WHITE: Sharwood. MS. PATTERSON: Therefore, it is agreed between the parties October 23, 2020 Page 21 that the respondent shall: Number 1, 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: Number 3, obtaining all required Collier County building permits and demolition permits, inspections, and certificate of completion/occupancy for a dock installed without required permi ts, 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 Board 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 by using the 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. I believe it's in line with the fines and amount of time that was granted at our last meeting to the other respondents. MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just one question. David Ryan signed it, but it says the property's owned by Thomas P. Ryan. MS. PATTERSON: Right. David Ryan is the son, and he's also the trustee of the trust of the Thomas P. Ryan Trust. So -- Mr. Ryan is deceased, and his wife is deceased as well. So he's the successor. MR. LEFEBVRE: Next page. MS. ELROD: Motion to accept. October 23, 2020 Page 22 CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second to accept the stipulation. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Sherry. MS. PATTERSON: Thank you. MS. CURLEY: I'm sorry. MS. PATTERSON: That's okay. MS. BUCHILLON: Next stipulation, No. 12, CESD20180015246, Leonard I. Heller. MR. LETOURNEAU: Helen, I don't have this one. CHAIRMAN KAUFMAN: Would you like it? (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. HOLMES: Therefore, it is agreed -- CHAIRMAN KAUFMAN: For the record. MR. HOLMES: Oh, yeah, that's right. For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties 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; October 23, 2020 Page 23 Two, abate all violations by: Obtaining all required Collier County building permits or demolition permits including all required inspections and a certificate of completion/occupancy for the remodeled kitchen and open porch conversion within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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. For the record, the respondent is not present. Anybody want to make a motion on this? MS. ELROD: Make a motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The whisperer. MS. CURLEY: There just might be a typo in the original October 23, 2020 Page 24 notice. I don't know if you want to -- the original notice, July 2019. Order to correct. Number 2 it says, must obtain inspections and certificate of occupancy or certification of completion as required by 2007 Florida Building Code. Isn't there a newer one than that? Page 5.D.12.A. Number 2. I mean, that's -- MR. LETOURNEAU: Did you say the notice of violation? MS. CURLEY: Yeah. Notice of violation, July 11, 2019. MR. LETOURNEAU: Yeah. That's a scrivener's error. It should have been 2017. MS. CURLEY: Can we just correct that in case you need to have this later? MR. LETOURNEAU: Pardon? MS. CURLEY: Is that okay if we just say it's a scrivener's error? MR. LETOURNEAU: Yes. I believe so. MS. BUCHILLON: Next stipulation, No. 14, CESU20200001629, John R. McCann, Jr., and Ashley M. McCann. (The speaker was duly sworn and indicated in the affirmative.) MR. TORRES: I do. For the record, Junior Torres, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Junior, you want to read the stipulation into the record. MR. TORRES: All right. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.21 incurred in this prosecution of this case within 30 days of this hearing; Two, abate all violations by repairing or replacing the wooden fence and obtain all Collier County permits, inspection, and certificate of completion within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation -- until the violations October 23, 2020 Page 25 are abated; Three, respondent must modify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. Any comments or -- MS. CURLEY: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Helen, on the stipulations that you handed us, not all of them are in the package; is that correct? MS. BUCHILLON: No. There's two of them that are not in the package; this last one and the next one that's coming up. CHAIRMAN KAUFMAN: Okay. They must be secret. MS. BUCHILLON: No. We just got them here. Next stipulation, No. 1, CELU20190013849, Noah's Ark October 23, 2020 Page 26 Church, Inc. (The speaker was duly sworn and indicated in the affirmative.) MS. PULSE: I do. CHAIRMAN KAUFMAN: Hello, Dee. MS. PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read the stip into the record for us? MS. PULSE: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: Number one, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations -- or violations by: Discontinue the unauthorized food bank activity not approved within the issued administrative parking reduction or seek alternative Collier County zoning approvals for such use if applicable within 90 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Coll ier 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. CURLEY: I don't think -- this is way too long. So, we're giving him a year and one month to stop doing this; stop distributing food from this location or manage the parking? So, are they still October 23, 2020 Page 27 doing it, like, right now? MS. PULSE: Yes, ma'am. MS. CURLEY: Yeah, I don't like this. It's not very courteous of them. CHAIRMAN KAUFMAN: Well, if you want, you can make a motion denying the acceptance of the stipulation, and that way it goes back for consideration. MS. CURLEY: Well, how hard is it to stop back in November of 2019? CHAIRMAN KAUFMAN: Do you want to give us a little more background on this? MS. PULSE: Well, the parking reduction application that they do in force is for Sunday use, Sunday morning, and any other time to use when other businesses are closed in the area, which is why it was causing a problem interfering with parking with other businesses. Now they are conducting the food pantry after 5:00 p.m. which doesn't affect other businesses. MS. CURLEY: So, are they trying to modify their parking permit? MS. PULSE: Yes. They are going to try to get approvals to have this activity take place. MS. CURLEY: Did they -- have they submitted anything to the county for -- MS. PULSE: They have some paperwork filled out. They are in communication with the Zoning. They very much want to continue doing it, because it is a service to the community, and they are working on it. MS. CURLEY: So, currently, they're not doing it where they're bothering the other neighboring places during the business hours? MS. PULSE: Correct. When we first started observing or investigating this actual case, they were doing the activity at October 23, 2020 Page 28 2:00 p.m., which caused a big problem. So now they're doing it at 5:00 p.m. and later. MS. CURLEY: It's probably busier now than ever. MS. PULSE: Right. CHAIRMAN KAUFMAN: So, this is a church on Collier Boulevard, and there are adjacent businesses to the church, and when -- Excuse me? MS. CURLEY: Like a strip plaza where they're just renting? MS. PULSE: Yeah. If you're familiar with Popeye's Chicken on Collier now, it's right in that. Right beside there. MS. CURLEY: Well, isn't the landlord doing anything about the issue, or did they -- MS. PULSE: The pastor owns the building that it's taking place in; Noah's Ark. MS. CURLEY: Doesn't seem very -- CHAIRMAN KAUFMAN: My question is what happens after 90 days? MS. PULSE: If they don't have all the approvals that they are required, then they will have to stop. MS. CURLEY: Can they just do it on Sundays? MS. PULSE: Actually, they're doing it on Tuesday and Friday. MS. CURLEY: Well, they can -- MS. ELROD: I'll make a motion to accept. CHAIRMAN KAUFMAN: Okay. We have a motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MS. CURLEY: Yeah. I think 90 days is just too long. CHAIRMAN KAUFMAN: Okay. October 23, 2020 Page 29 MS. PULSE: They do need to work with the zoning department and supply their paperwork -- MS. CURLEY: They need to stop breaking the rules and do it on Sunday, and then when they get authority to do it, they co uld start back up again and follow the rules like, you know, a good faith-based organization should. MR. LEFEBVRE: They modified the hours, right. MS. PULSE: Yes. MR. LEFEBVRE: Okay. So, they did modify the hours. MS. PULSE: Yes. MR. LEFEBVRE: So other businesses are minimally affected. Okay. CHAIRMAN KAUFMAN: Did you discuss this with the person who reported it? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Are they sufficiently -- MS. PULSE: As long -- as long as it takes effect -- or the activity's after 5:00, they do not have their business open at that time. CHAIRMAN KAUFMAN: Okay. So, the person who reported it doesn't have a problem with what's going on now? MS. PULSE: Oh, I have not talked to them about the stipulation or -- CHAIRMAN KAUFMAN: Well, the stipulation doesn't change the hours or anything else. MS. PULSE: No. CHAIRMAN KAUFMAN: It only gives them more time to do whatever. But right now the person who reported the problem, after 5:00 has no problem with them doing what they're doing whatever day of the week it is? MS. PULSE: Yes. I have not heard from them recently at all with any complaints. October 23, 2020 Page 30 CHAIRMAN KAUFMAN: Okay. Well, we have a motion and a second. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay, 4-1. MS. PULSE: Thank you. MS. BUCHILLON: Next item on the agenda under public hearings, hearings, No. 2, CEPM20200006043, Nelly Wadman. (The speakers were duly sworn and indicated in the affirmative.) MR. ATHEY: I do. MR. WADMAN: I do. CHAIRMAN KAUFMAN: Oh, hi, Steve. I haven't seen you in a long time. MR. ATHEY: Good morning, sir. How are you? CHAIRMAN KAUFMAN: Okay. So why don't you present the case, and we'll go to the respondent, and we'll go from there. MR. ATHEY: For the record, Stephen Athey, Collier County Code Enforcement. I just want to make the comment that the respondent is not present. This gentleman, Mr. Juan Wadman, is her son, who is not legally defined to represent her, but with the Board's approval, would like to offer some testimony on her behalf. CHAIRMAN KAUFMAN: Okay. Do you have permission? Not in writing. Do you have permission? MR. WADMAN: Verbal permission from my mother, yes. CHAIRMAN KAUFMAN: Yeah. MR. WADMAN: Yes, I do. October 23, 2020 Page 31 CHAIRMAN KAUFMAN: Okay. I have no problem if the rest of the Board has no problem. MR. DOINO: No problem. MS. ELROD: No problem. CHAIRMAN KAUFMAN: Okay. So, we'll continue, and you can testify as -- in behalf of your mother. MR. WADMAN: Okay. Thank you. CHAIRMAN KAUFMAN: If you don't answer correctly, your mother will have your backside. MR. WADMAN: Yes. CHAIRMAN KAUFMAN: Okay, Steve. MR. ATHEY: This is in reference to Case No. CEPM20200006043. It's dealing with the violations of interior wall and ceiling damage with water stains and possible roof damage located at 954 Bluebird Street, Naples, Florida, 34104. Service was given on October 6th, 2020. And I'd like now to present case evidence in the following exhibits: 16 photos taken by myself on June 8th, 2020, and one aerial of the property. CHAIRMAN KAUFMAN: Okay. Have you seen these photos? MR. WADMAN: I have. CHAIRMAN KAUFMAN: Do you have any problem with that? MR. WADMAN: No. With the photos? CHAIRMAN KAUFMAN: Do you have any problem with him showing that to the Board? MR. WADMAN: You can go ahead and show them if you want. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. October 23, 2020 Page 32 MR. LEFEBVRE: Make a motion to -- MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Steve. MR. ATHEY: Okay. So, on June 8th, 2020, I made a site visit to the property responding to a verified complaint by the then tenant. While there, I observed and photographed damage and stained ceiling and walls most severely in the kitchen area where the ceiling had failed and a hole remained. That same day, on June 8th, I made phone contact with the property owner advising her of the condition of the dwelling. She stated she was then quarantined in Colombia and did not know when she could return to the U.S. I then received a return call from a gentleman who identified himself as the property owner's fiancé. He stated that he was also quarantined in Colombia but was able to obtain a humanitarian flight back to the U.S. on June 16th, 2020, and when he arrives he will meet me on site to discuss the issue. That was the last time I heard from either the property owner or the fiancé. And with no communication from either, I continued to call the property owner's number. Never an answer, and the voicemail was always full. October 23, 2020 Page 33 On July 15th, 2020, I received a phone call from Mr. Raul Gomez stating he was the son-in-law of the property owner, and he's local, and he was attempting to contact roofing companies for estimates to repair the roof and has plans to repair the existing damage. On August 4th, 2020, I received another call from Mr. Gomez stating his mother-in-law, the property owner, was entertaining two bids for roof replacement. On August 21st, 2020, I received yet another call from Mr. Gomez stating that his mother-in-law should be in the country the following week. They're working with Lowe's to replace the roof, and once she arrives in the U.S., she will make contact with me. That's the final communication I had with any of the aforementioned individuals, and to date the violations remain. CHAIRMAN KAUFMAN: When was the last communication you had with them? MR. ATHEY: Mr. Raul Gomez on October -- or August 21st, 2020. Having said that, this past Wednesday, the property owner, Ms. Wadman, made contact with Helen stating she was in Colorado until January of '21 and was requesting a rescheduling of this hearing. I attempted to call her back. Again, no answer. Voicemail full. CHAIRMAN KAUFMAN: Okay. Is this a health and safety? MR. ATHEY: I would consider it, yes. CHAIRMAN KAUFMAN: Okay. That put it in a different category. Okay. Now, why don't you give us a rundown on what's going on. MR. WADMAN: Well, the roof needs fixing currently because of the whole financial situation hasn't been able to be done. We've tried doing loans but weren't approved as of recently. So my mom's currently trying to sell another property to get the roof replaced at this October 23, 2020 Page 34 property in Michigan. She has an apartment. And she's waiting on that to sell to -- says she will, most likely, by January start to be able to get it fixed. CHAIRMAN KAUFMAN: Okay. Let me give you a little bit rundown of what we're going to do. MR. WADMAN: Okay. CHAIRMAN KAUFMAN: We have to determine whether a violation exists. Once we determine that, I'm going to ask Mr. Athey what his recommendation is, okay? MR. WADMAN: Okay. CHAIRMAN KAUFMAN: So that's where we go from here, okay? MR. WADMAN: Oh, and currently there's nobody living in the house. It's empty. CHAIRMAN KAUFMAN: The house is empty. MR. WADMAN: It's empty. Nobody's been living in it for quite a while now. MR. LEFEBVRE: Okay. Make a motion a violation exists. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We know that a violation exists. Mr. Athey said it's a safety and health. October 23, 2020 Page 35 Do you have a recommendation for us? MR. ATHEY: I do, sir. The Code Enforcement Board orders the respondent to pay all operational costs in the amount of blank. MS. BUCHILLON: 59.28. MR. ATHEY: 59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Obtain all required Collier County building permits or demo permit, inspections, and certificate of completion for all repairs requiring permitting, and make all other repairs needed as outlined in the notice of violation within blank days of this hearing or a fine of blank per day will be imposed until the violation is abated; Number 2, the respondent must notify the Code Enforcement Board 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, 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. Now, you said that your -- your mother will be back in this area to get a roofer to fix it sometime in January? MR. WADMAN: Yes, because she's trying to sell the other property to get that roof fixed. CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: So, I have a question. So, the tenants that were in there, did they move out ahead of their lease, or were they forced to move out because of the conditions of that? MR. WADMAN: They were -- well, there was a whole, like, breach of contract. I'm not sure how -- the word. MS. CURLEY: I just want to know if it afforded the October 23, 2020 Page 36 tenants -- was it a hardship for them because of the lack of the -- MR. WADMAN: They -- I mean, they finished out their whole leasing period and then moved out. CHAIRMAN KAUFMAN: So, they didn't move out because of the damage to the roof? MR. WADMAN: No. We gave them the option, like, to leave if they weren't happy, but they decided they wanted to finish out the lease, and -- CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? MR. ATHEY: If I may, it's my understanding that the tenants moved out because of this issue. CHAIRMAN KAUFMAN: Okay. MR. ATHEY: Obviously -- CHAIRMAN KAUFMAN: Difference of opinion. Okay, fine. MS. CURLEY: And well, I just -- never mind. CHAIRMAN KAUFMAN: Sue, you have anything else? MS. CURLEY: No. CHAIRMAN KAUFMAN: Okay. Gerald? MR. LEFEBVRE: The operational costs of -- make a motion the operational costs in the amount of 59.28 be paid within 30 days, a fine of $250 a day will be imposed 30 days from today's hearing. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. October 23, 2020 Page 37 MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed, 4-1. They're going to have to get cracking on that roof. If they start repairing it, you have the ability to come back or discuss with Steve that the work has started and maybe more time could be granted by the Board. But as it stands right now, 30 days. Now, our next meeting January 13th? MS. BUCHILLON: We have one in November. CHAIRMAN KAUFMAN: Oh, November, okay. So it would behoove your mom to get somebody signed up to do this, and if you come back and ask for more time, I suggest that you have a contract with a contractor or whatever to show that there is progress going on on this. MS. CURLEY: Permit. CHAIRMAN KAUFMAN: A permit would probably be provided by the contractor. Okay? MR. WADMAN: Okay. CHAIRMAN KAUFMAN: Thank you. MR. WADMAN: Thank you. MR. ATHEY: Thank you. CHAIRMAN KAUFMAN: Thanks, Steve. MS. BUCHILLON: Next item on the agenda, No. 4, CEPE20200007905, Kimberly Dempsey. (The speakers were duly sworn and indicated in the affirmative.) MR. MUSSE: I do. MS. DEMPSEY: I do. CHAIRMAN KAUFMAN: Good morning, Jonathan. MR. MUSSE: Good morning. Give me a chance real quick. Okay. October 23, 2020 Page 38 CHAIRMAN KAUFMAN: For the record. MR. MUSSE: For the record, Investigator Jonathan Musse, Collier County Code Enforcement. This is in reference to Case No. CEPE20200007905 in dealing with the violations of Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66, Subsection (1)(c), vehicles parked on the apron section of the driveway on the right-of-way blocking the sidewalk located at 5344 Floridan Avenue, Naples, Florida, 34113; Folio No. 62250740006. Service was given on August 6th, 2020. At this time I'd like to present the case evidence in the following exhibits: Five photos I took from -- on July 24th and 31st, September 1st and 22nd, and October 5th, 2020. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MUSSE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any problem with him presenting them? MS. DEMPSEY: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MR. MUSSE: An initial inspection was conducted on July 24th, 2020, where I observed the vehicle parked on the sidewalk. Spoke to Mr. Dempsey and informed him of the violation; that if he continued to park the vehicle on the sidewalk, a citation would be issued. Research shows that the owner had four prior parking-on-the-sidewalk cases this year. One of the cases, a citation was issued. October 23, 2020 Page 39 Spoke to the complainant on August 4th where he [sic] explained not only was he concerned that they were parking -- parking the vehicles on the sidewalk but also parking -- the vehicles parked on the driveway blocking the access to the sidewalk. Conducted a site inspection and observed the vehicle parked on the apron of the driveway blocking the sidewalk. At that time I prepared a notice of violation to be issued. Made several inspections where I observed the vehicles were parked on the sidewalk. At that time I prepared the case for hearing. Conducted an inspection yesterday. No violation at the time. CHAIRMAN KAUFMAN: I have a question. MR. MUSSE: Yes, sir. CHAIRMAN KAUFMAN: Generally parking -- illegal parking would be summoned by the Collier County Sheriff. When does it fall off the Sheriff and onto Code? Probably Jeff can answer. MR. LETOURNEAU: This particular ordinance can be cited by both of us, so it just depends on who gets called, I believe, at the time. Obviously, we got a complaint, or more than one complaint about this particular violation. CHAIRMAN KAUFMAN: Could you just review again when they were cited in the past. MR. MUSSE: I have the case numbers here. They're all this year. I can look for the actual dates if that's what you need. MS. CURLEY: Can you scroll back to the second picture? MR. LETOURNEAU: That one? MS. CURLEY: Yeah. So, this gray car looks like it's up off the ground. Is there, like, body -- is there, like, car stuff happening there? Is that why there's -- are these people living here, or are these like -- are they doing, like, car repairs and things? MR. MUSSE: They're probably repairing the car, but nothing to do with the -- October 23, 2020 Page 40 CHAIRMAN KAUFMAN: Why don't we save those questions for the respondent. MS. CURLEY: Because none of the cars are the same. CHAIRMAN KAUFMAN: Well, I'd like to know how many cars live at that house, et cetera, et cetera, because that probably would have something to do with why that's happening, et cetera. So... MR. MUSSE: It is unfortunate. If you notice, they do have a smaller driveway than normal because when the sidewalk was added -- you notice most driveways in Naples Manor you can fit comfortably four vehicles in there. If you notice, one vehicle -- if you added a third vehicle, it's already blocking the sidewalk. So it is unfortunate that it's happening, but it is a violation. CHAIRMAN KAUFMAN: Okay. Do you have any additional case information for us? MR. MUSSE: I do not. CHAIRMAN KAUFMAN: Okay. Over to you. MS. DEMPSEY: Hello. CHAIRMAN KAUFMAN: Hi. MS. DEMPSEY: Hi. Two of those cars are ours. One has gone to the backyard now. But the picture with the gold car that he has, someone had abandoned it there, so we had to also move that to our backyard because we can't afford to get it towed. We have no keys for it or anything. We kind of just had to drag it back there. I don't know if you want to show them the gold car. I even have messages to the owner of the gold car that he needed to move it and he got stuck in -- that car (indicating). CHAIRMAN KAUFMAN: Is that gold car registered? MS. DEMPSEY: Uh-huh. MS. CURLEY: Why are you taking someone's car? MS. DEMPSEY: He abandoned it there. Like, he was a friend October 23, 2020 Page 41 of ours, and then he took off to Orlando or somewhere North Florida. Took his keys and says he has no way to get back. MR. LEFEBVRE: If you can scroll back to that car. MR. LETOURNEAU: That one right here? MR. LEFEBVRE: No, no, back to the gold car she was talking about, convertible that had the back window, it seemed like it was crushed in. MS. DEMPSEY: It is. It's missing. MR. LEFEBVRE: Okay. That picture shows it near the mailbox. The next pictures shows it on the other side of the driveway. MS. DEMPSEY: Uh-uh. He had moved it, but since he moved it there, he took off and has left it. MS. CURLEY: And now you have these vehicles in your backyard? MS. DEMPSEY: Uh-huh, as to try to comply with, you know -- CHAIRMAN KAUFMAN: That's probably a violation in itself. MS. DEMPSEY: Yeah, I know. CHAIRMAN KAUFMAN: So, you've got a problem. You've got to get rid of some cars. How many cars live at that house? MS. DEMPSEY: Two. CHAIRMAN KAUFMAN: Two. MS. DEMPSEY: Well, three, actually. We've got -- CHAIRMAN KAUFMAN: Three. Do you have room for three cars at that house? MS. DEMPSEY: No. CHAIRMAN KAUFMAN: So, you need to either get another house or get rid of a car. I mean -- MS. CURLEY: What's in the -- is that a two-car garage? October 23, 2020 Page 42 MS. DEMPSEY: It's a short garage, like -- because we have one car, which would barely fit in there, and then our two bigger vehicles that would not fit in there at all. MS. CURLEY: Like, it's been modified? Part of the garage has been taken away? MS. DEMPSEY: No. They just didn't build it properly. CHAIRMAN KAUFMAN: Okay. Before we go on any further, let's find out whether a violation exists. MR. DOINO: Violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, what to do. Jonathan, you have a suggestion for us? MR. MUSSE: The county recommends -- oop, let me open it up. The county recommends the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Removing any vehicles parked on the county right-of-way blocking the sidewalk or bike path and parked vehicles on designated parking spot within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated. October 23, 2020 Page 43 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. We're a reasonable board. Do you have any plans to solve the situation? MS. DEMPSEY: I have tried calling a tow car to, like, now get it out of my backyard. Because I moved it from the sidewalk to comply, as to not have that issue. I know it's an issue with it in my backyard now, but they want us to pay to have it towed because it's such an old and broken car, which I can't afford. So we're trying to find out what we can do with it. CHAIRMAN KAUFMAN: I believe there are places that will tow the car and do a mechanic's lien on it and wind up owning it. Jeff, do you have any connections in that regard? MR. LETOURNEAU: Well, we do. If the county declares it abandoned and after a certain period of time, then a tow truck company can come up and take it; however, this is a different situation. That's only if something's parked on, like, a county property or the county right-of-way. You know, we're not going to -- we're going to cite her for parking the car in the backyard if -- you know, we went that route. At this point, Jonathan's testimony has said that they're in compliance right now as of yesterday as far as that. MR. MUSSE: Yes. MR. LETOURNEAU: The car in the backyard is a totally different situation. That would take a whole new NOV, a new case, and we'd have to bring it back here. That's way down the road if that October 23, 2020 Page 44 ever happens. Right now she's in compliance, so that's where we're at. CHAIRMAN KAUFMAN: When you have several violations that have been -- that have happened, generally it becomes a nuisance. MR. LETOURNEAU: Well, yeah. In code lingo, before it gets to a hearing, it's a recurrin g violation, and it's been recurring five times as far as his testimony goes. At this point I wouldn't really classify it as a nuisance. I would just say, if you guys -- whatever happens after this, you've already found a violation. So, at this point it's a repeat violation. And then if we had to bring it back again, we would ask for a civil penalty. I don't really think it's a nuisance violation at this point. It's just more like a repeat violation. MS. CURLEY: Jeff, is there any suggestion that she could, you know, go to the county and see if she can widen her driveway? MR. LETOURNEAU: Yeah. She could definitely -- I mean, I'm not really -- don't know the dimension. It does look kind of small. And it's a corner lot? MS. DEMPSEY: Uh-huh. MR. LEFEBVRE: I do think that they probably could fit in another space there on the right side of that driveway, though, John? MR. MUSSE: Possibly if, you know, maybe they take up some of the -- if you're facing the house on the right side, they have a nice little piece of land on the side. MR. LETOURNEAU: And if they didn't, like, do anything in the county right-of-way and just did it on their own property, they wouldn't need a permit. So, they could throw some gravel maybe or, you know, put more concrete in that little area there. At least that would give them one more spot. MS. DEMPSEY: My house was originally supposed to face on October 23, 2020 Page 45 Trammel Street. So, I'm telling you, when they built the house, they, like, really messed it up. They, like, turned it on to the different street, made it shorter, like, everything was really messed up with the house. CHAIRMAN KAUFMAN: What's the parking rules on that street, overnight parking? MR. MUSSE: It's got to be parked in the driveway. There are no -- CHAIRMAN KAUFMAN: Okay. I'm just asking. MS. DEMPSEY: And I do have messages from the person owning the gold car, that he needs to come get it, and he says he's stranded. So, I mean -- MS. CURLEY: Next time just push it out to the middle of the road. MS. DEMPSEY: Well, that's what I told my husband. I was like, okay, what if we move it to the other side, and the county can deal with it, but... MS. ELROD: There are companies that will haul it for the car itself. MS. DEMPSEY: I just -- I have to -- like, we don't have a key for it. It's not in my name. He doesn't have the title. I guess it's, like, at the DMV or wherever the titles are kept. So, we have nothing with this car. MS. CURLEY: I'd call the Sheriff and say somebody left a car in my front yard. MS. DEMPSEY: Well, it's not in my front yard anymore because I had to comply. CHAIRMAN KAUFMAN: Someone left a car in my backyard. MR. LETOURNEAU: It's going to be difficult at this point when we already know that -- if it was dumped on the other part of October 23, 2020 Page 46 the sidewalk. I'd have to talk to the County Attorneys, but I think that it might come back to haunt her at that point. MS. CURLEY: Well, my big concern is that the sidewalk's blocked. And you have a lot of sidewalk because you're on a corner and -- MS. DEMPSEY: There's a sidewalk on both sides of the road. So, it's not like we're blocking one sidewalk that goes. MS. CURLEY: It doesn't matter. Little kids don't know, and they just run out around it. And it's just unsafe. And I would hate to see the worst-case scenario happen to you. I know that would be very unhappy. MS. DEMPSEY: No, I know. Like, I even told my husband, I was like, can we just take it to the gas station? It's literally right down the road. Like, I don't know what to do with the car. MS. CURLEY: La, la, la, la, la. MS. DEMPSEY: I haven't done that. It's in my yard. I've taken responsibility for it. It's I just -- I don't know what to do with it. CHAIRMAN KAUFMAN: So right now the car sits in the backyard. You know something's going to come down the pike on that one. So, the car's got to go. Now, once that car goes, do you have room to park your other cars? Is there one car up there that's being repaired? MS. DEMPSEY: It's my husband's project car, yeah. It's not broken or anything. He just, like, takes things off, fixes them, paints them. That's his project car. It's registered and everything. There's nothing wrong with it. But, I mean, my mom's house is on the other side. I don't know if you've seen my green car. I'm sometimes parking it at my mom's driveway so we can fit the cars. CHAIRMAN KAUFMAN: We're trying our best to come up October 23, 2020 Page 47 with some solutions for you. MS. DEMPSEY: I'm using my mom's driveway that's right next to us. CHAIRMAN KAUFMAN: Do you think that you'll resolve this in some period of time, 30 days, 60 days, 90 days? MR. LETOURNEAU: I'd like to remind the Board that it is resolved right now. CHAIRMAN KAUFMAN: No, I understand that, but it could be unresolved tomorrow. MS. DEMPSEY: No. CHAIRMAN KAUFMAN: And that's the history that's gone on. It was resolved and unresolved, and -- okay. If you've been cited five times, that's probably what happened. MS. DEMPSEY: Well, I mean, one of them was -- because he did originally say that we could park on the apron, but then that became a violation, too. So that was one of them where we moved it to the apron and off the sidewalk. So, I mean, we have been trying to comply, but with that it became another violation that he discovered. CHAIRMAN KAUFMAN: Okay. Would someone like to take a shot at filling in the blanks on this? MR. LEFEBVRE: I'm not sure if it should be in a certain amount of days and a certain dollar amount. I think it might if there's another violation there's a -- and it's seen by Code Enforcement, there's a specific dollar amount imposed. MR. LETOURNEAU: Or we could go the route where we normally do when the violation is abated before the hearing is that the Board finds that there was a violation at the time the notice of violation was issued, and then we don't have to put anything in there at that point. It's just that now we have a -- we have a finding. Next time it's a repeat case, and next time the county's going to ask fo r a October 23, 2020 Page 48 civil penalty on top of everything else. MR. LEFEBVRE: Could we issue a civil penalty now and say, going forward, if there's a violation found, it is X amount, each violation? MR. LETOURNEAU: I don't know. I'd have to ask your attorney on that one. I mean, the county wouldn't recommend giving a civil penalty at this point since it's just the first time we brought it to a hearing. I don't know about any future stuff, though. CHAIRMAN KAUFMAN: So, you're looking for a record? (Simultaneous crosstalk.) MR. LETOURNEAU: Right now -- you know, normally when we -- I don't think Jonathan had the time to rewrite the recommendation to match the car -- the violation being in compliance at this point. Normally, we'd just ask on Line 1 that the Board finds that there was a violation at the time a notice of violation was issued, and that will be done. We've got a hearing. We've got a finding of fact. We've got a repeat case next time it comes up. CHAIRMAN KAUFMAN: Okay. So, the motion that you're looking for is the 59.28 to be paid. MR. LETOURNEAU: Right. And that the Board finds that there was a violation at the time the notice of violation was issued. CHAIRMAN KAUFMAN: Okay. And that there is no violation currently? MR. LETOURNEAU: There's no violation currently. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And to my question, could there be a civil penalty issued now if there's a repeat violation found? Attorney White. MR. WHITE: My concern would be about the procedural due process not being afforded to the violator. I think you just have to let the wheels turn. October 23, 2020 Page 49 MR. LEFEBVRE: Okay. MR. WHITE: Bad pun intended. MS. CURLEY: I just have a comment also. You know, it's your house car. It's your family that's living there. So if you have visitors, maybe, you know, some people put up little stakes that, you know, will remind your friends coming not to park in the grass and just sort of do that to be proactive, and maybe you guys can get used to just a little bit different behavior so we don't see you, because the civil penalties are high, and you could probably build an entire circular driveway around your house for the civil penalties that he's talking about. MS. DEMPSEY: Okay. CHAIRMAN KAUFMAN: Jonathan, the parking on the street, if you're not parked overnight, is that legal? MR. MUSSE: Parking on the street? Well, that's obstructing traffic, so that's where the Sheriff's Office would get involved. CHAIRMAN KAUFMAN: But right now, if somebody comes to visit them and they can't fit in the driveway, could they park in front of the house? MR. MUSSE: On the right-of-way? Technically, no. MS. CURLEY: There's no -- MR. MUSSE: There's no parking. (Simultaneous crosstalk.) MS. DEMPSEY: There's no room for visitors or anything. CHAIRMAN KAUFMAN: There's no -- the road's not wide enough that a car can be parked on the side and other cars could pass? MS. DEMPSEY: I mean, it is wide enough. They would just go into, like, the other lane and go around. CHAIRMAN KAUFMAN: Right. MS. DEMPSEY: It's not like it's a one-way. MS. CURLEY: It's not a divided street, though. There's not a October 23, 2020 Page 50 line down the middle of the road. Like Palm River has -- they only have, like, a road and a half. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Continue. MR. LEFEBVRE: I'll try this. Make a motion that Code Enforcement did, in fact, find a violation, and that the operational costs in the amount of 59.28 be paid within 30 days, and if there is a future violation, you could be brought back in front of the Board. MR. LETOURNEAU: Just that the Board finds that there was a violation at the time the notice of violation was issued. MR. LEFEBVRE: Okay, perfect. Patrick, that -- MR. WHITE: That would work from our end. I'm not sure about the future compliance efforts. I'd probably leave that out of the motion. CHAIRMAN KAUFMAN: We'll take that up in the future, should it need to be taken up. MR. LEFEBVRE: We'll leave it out of the motion. MR. WHITE: Yes, sir. MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. So, we have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. October 23, 2020 Page 51 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. You can find someone that will take that car. I've been the manager of an area where that happened. They just come, take it, and it disappearance. MS. DEMPSEY: I'm hoping to find that because I know -- my kids are tired of seeing it in the backyard when they play. I'm trying to get it out of there. CHAIRMAN KAUFMAN: You could plant flowers in it. Call it flower pot. MS. CURLEY: Turn it into a pond. CHAIRMAN KAUFMAN: As long as you don't have a pig in it, you're okay. MS. DEMPSEY: I think the pig got more than me in time. Have a good day. CHAIRMAN KAUFMAN: You, too. MS. CURLEY: You, too. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next item on the agenda, No. 15, CESD20200000501, George Saintil and Claricia Saintil. MS. CURLEY: What's the name of this street? CHAIRMAN KAUFMAN: Chickee Street. MS. CURLEY: I want to live on Chickee Street. (The speakers were duly sworn and indicated in the affirmative.) MR. CATHEY: I do. MR. SAINTIL: I do. CHAIRMAN KAUFMAN: Good morning. MR. SAINTIL: Good morning. MR. CATHEY: Good morning. For the record, Investigator Ryan Cathey, Collier County Code October 23, 2020 Page 52 Enforcement. This is in reference to Case No. CESD20200000501 dealing with a violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and (B)(1)(e) located at 14599 Chickee Drive, Naples, Florida, 34114; Folio 25967801343. Service was given on January 28th, 2020. I would now like to present case evidence in the following exhibits: Aerials of the property from 2012 and 2020; determination from the Collier County building official; two photographs from January 14th, 2020; four from September 23rd, 2020; and two from October 22nd, 2020, all taken by me. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any problems with those photos? MR. SAINTIL: No. CHAIRMAN KAUFMAN: Okay. You may want to move that microphone either closer to you or you closer to it. Okay. Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MR. DOINO: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) October 23, 2020 Page 53 CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CATHEY: On January 14th, 2020, while conducting a community patrol, I observed the shed and addition. I foun d an expired permit, PRBD20190627609, for the addition, but no permit for the shed. Determination by the building official confirmed permits were required for both the shed and the addition. Notice of violation was then served on January 28. I spoke with the owner on February 20 regarding the permit and advised him to speak with Renald Paul with the Building Department for assistance. Returned on September 23rd and observed the violation remained, and the permit for the addition was rejected. I spoke with the owner. Advised the case would be prepared for hearing. As of today, the violation remains. CHAIRMAN KAUFMAN: Okay. Sir? THE COURT REPORTER: Could you state your name. MR. SAINTIL: George Saintil. My wife give me permission to speak -- to be -- CHAIRMAN KAUFMAN: Can you speak into the mic? I can't hear you. MR. SAINTIL: Yes. Just like I said, my name George Saintil. Claricia, she's given me permission to talk on her behalf. So, the reason I'm here today, I mean, I returned the permit to have an addition but from last year. I spoke to John, I think, six months ago before, and I tell him, I have -- I am a little bit behind, so the coronavirus come, little bit of issues. I have money now to keep the process. But when he called me, he said he going to give me a period of time to finish. So, I said okay. But I think he going to give me permission to start. It's like a permit. It's like I start some and keep October 23, 2020 Page 54 going like this. He said no, they give me four months to finish everything. That's why I'm here, because I -- I don't have no time to finish in four months. So, if they give me more time -- I already got the tile, I already got drywall, most of the material, but I don't have no money, the full amount, to -- for the concrete to start the process. See, if you guys give me more time, I mean, I'm going to connect everything. CHAIRMAN KAUFMAN: Let me ask a question or two. MR. SAINTIL: Yes. CHAIRMAN KAUFMAN: The violation is there's a shed there. MR. SAINTIL: Yeah, shed, yeah. CHAIRMAN KAUFMAN: That there's no permit on; is that correct? MR. SAINTIL: That's true. CHAIRMAN KAUFMAN: Okay. Is there reason -- is there any reason why the shed is there? MR. SAINTIL: Well, the time I built the shed to put some -- to put some tools. And when they come with the process to clear everything in the back, I tell -- I already turn the permit, the plan, in the county. So, they said, okay. If the -- I get a permit going on, I mean, they going to give me more time. I said, okay. I already get some drywall inside, some plywood, everything inside. Let me take some time. Unfortunately, I cannot start. That's why they said, okay, they have to terminate from the case. CHAIRMAN KAUFMAN: Did you -- is there a reason but there's a shed there and you never got a permit to build it? MR. SAINTIL: No reason, no. CHAIRMAN KAUFMAN: Okay. And the second question is October 23, 2020 Page 55 the addition. You have a permit that you pulled for the addition; is that correct? MR. SAINTIL: No I, just -- well, no. CHAIRMAN KAUFMAN: The reason I ask is the county is saying that you did have a permit but it expired. MR. SAINTIL: No. This -- that one, the addition, is going to tore down, because this one, I just tried to put my tools in it. And when I ready to build my addition, I said, okay, let me -- let me do the -- draw the plan and turn in that to the county. I don't have -- I start -- buy all the material, all the tile because he saw all this, and I don't have the money to take it out -- take this out to build my addition. So, this one, anyways -- you going to take out anyways for one another. CHAIRMAN KAUFMAN: So, you are going to -- MR. SAINTIL: To build my addition. CHAIRMAN KAUFMAN: You're going to build an addition, and what's going to happen to the shed? MR. SAINTIL: I'm going to tore it out. CHAIRMAN KAUFMAN: I don't understand. MR. SAINTIL: I'm going to take it out. CHAIRMAN KAUFMAN: You're going to remove the shed? MR. SAINTIL: I'm going to remove it. CHAIRMAN KAUFMAN: Okay. So that would take care of that portion, that the shed's going to be removed. MR. SAINTIL: Yeah, all this going to be removed, but after the -- after I build -- I build my addition. CHAIRMAN KAUFMAN: Okay. So -- but in order to build the addition, the county is saying there was a permit -- MR. SAINTIL: Yeah. CHAIRMAN KAUFMAN: -- so you must have had plans that were approved by the Building Department at some time. October 23, 2020 Page 56 MR. SAINTIL: Yes. CHAIRMAN KAUFMAN: And when was that permit pulled originally? MR. SAINTIL: Last year. MR. CATHEY: It was sometime in 2019. I don't have the exact date. MS. CURLEY: Who -- CHAIRMAN KAUFMAN: Okay. MR. SAINTIL: And after that, I go -- excuse me. I'm sorry. MS. CURLEY: Was it a builder, or was it an owner/builder or how -- MR. SAINTIL: Owner/builder. MR. CATHEY: I believe it was owner/builder, yes. MS. CURLEY: Was it approved? MR. CATHEY: I'd have to look back at the permit for exact, but there's correction -- a corrections letter was sent. I think the last one was July of '19, if I'm not mistaken, and it had several corrections on it. CHAIRMAN KAUFMAN: Well, if it's an expired permit, it must have been issued. MS. CURLEY: Well, I'd like to know if it was actually issued or -- MR. CATHEY: I'd have to look back to confirm. Currently it's rejected based on a number of corrections that are needed right now. MR. SAINTIL: Question is what about a window? I should give them the code for the window, and what about? So, I don't give them other thing. I have to show it to them about a code. And for some reason I don't connect everything. I already pay for the chores [sic]. I already pay for most of the thing, but I don't start yet. So , I have to go to the building supply to get the code for the water bubble October 23, 2020 Page 57 [sic] and the windows and to show to them what kind of window I'm going to put on the house. CHAIRMAN KAUFMAN: Have you spoken with Renald Paul? MR. SAINTIL: Yeah, I do. CHAIRMAN KAUFMAN: And what is his suggestion to you? MR. SAINTIL: Well, he said, okay, I have to do all the caution [sic] -- to do everything they asked me to cut and after that, keep going, keep moving. MS. CURLEY: Okay. So, when you want to put a window in, you get the documentation and you submit it with your permit, and then you get approval to go and buy that window. You're doing it the opposite. You said you put the window in, and now you have to go back to Naples Lumber or wherever you said -- MR. SAINTIL: No, I don't put it in yet. Nothing start yet. MS. CURLEY: What window is this that I'm looking at? MR. SAINTIL: No, that's -- those in the house. That's been there for 16 years. MS. CURLEY: This new window? MR. SAINTIL: No. That's -- MR. CATHEY: If you look at the aerial photos from 2012 to 2020, you can see what was added. MS. CURLEY: So is this picture that we're looking at, this smaller window in this -- MR. CATHEY: The smaller window there if -- that's on the original house. What's behind that window is part of what was added. CHAIRMAN KAUFMAN: Do you want to put the aerial up again? MR. LETOURNEAU: I do, yeah. MS. CURLEY: You can see where the concrete's chiseled October 23, 2020 Page 58 away from it. MR. SAINTIL: That one -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: All right. There's 2012 right there. And there's -- MR. SAINTIL: That's the house. I going to build the other house. MR. LETOURNEAU: Right here, Ryan? MR. CATHEY: The shed's further -- right there, yeah, where you're circling. MR. LETOURNEAU: And then the addition's right here. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. Well, I don't want to get into details of building and whatever. What -- the violation is there's no permit. MR. LETOURNEAU: The permit never was issued, by the way. CHAIRMAN KAUFMAN: Okay. The permit was never issued. So, you're building something without a permit. That's a violation. Did we find a violation exists? MS. CURLEY: I make a motion a violation exists. MR. DOINO: I'll second that. CHAIRMAN KAUFMAN: Okay. I have a motion and a second a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) October 23, 2020 Page 59 CHAIRMAN KAUFMAN: It carries unanimously. So, a violation exists. The way you get out of the violation is you pull a permit or you remove all the stuff that you're doing, which I don't think you want to do. You want to finish the addition. So, the first thing you have to do is get the permit. MS. CURLEY: I mean, we just need to be realistic here. The wood is already wrecked from the damage from the elements. It's not dried in. I mean, this needs to be demoed probably. CHAIRMAN KAUFMAN: Well, that's not the purvey [sic] of the Board. All we are answering is there's a construction that is going on without a permit. That's what needs to happen. MS. CURLEY: Well, the roof has been offended, so there's a lot happening there outside of this illegal addition. CHAIRMAN KAUFMAN: Everything that's being done there is illegal because there's no permit. MS. CURLEY: Well -- and he just testified that Renald told him to keep going. That's not really -- CHAIRMAN KAUFMAN: Well, that's hearsay. MR. SAINTIL: Excuse me. CHAIRMAN KAUFMAN: Yes. MR. SAINTIL: When I say -- what I said, this one, when I put the shed to put my tools -- okay, when I'm ready -- because I got a lot of kids in the house. I said, okay, let me do the addition. I go to the -- somebody draw the plan, and I return it to the county. CHAIRMAN KAUFMAN: Okay. MR. SAINTIL: And they said, I got something missing. Some code missing. CHAIRMAN KAUFMAN: Okay. MR. SAINTIL: They said, okay, I have to find a code. I said, okay. For some reason I don't have the money to return all this, October 23, 2020 Page 60 because only the window going to cost me -- the window and door going to cost me 6-, $7,000. So, it's going to take me a lot of money. I said, let me have a little bit of time. The coronavirus come. It put me down a little bit. And I said to Brian [sic], I said, give me some time. So, when he said, you know, going to give me four months, four months, I think, to tore everything down -- of course, the four months. Okay. It's good for four months. But I have no -- I don't have no time to build the addition. MS. CURLEY: So, wait a minute. When you got the record that said the permit -- you needed -- that they needed more information before you got a permit, you needed time, but you didn't have money, but you had enough money to go ahead and add an addition without permission. So, I -- (Simultaneous crosstalk.) MR. SAINTIL: No, no, no. That one been there a long time. CHAIRMAN KAUFMAN: Yeah, we're just going on and on. MS. CURLEY: Let's go. Moving on. CHAIRMAN KAUFMAN: So, what we have is an addition without a permit. I'm trying to keep it simple. Okay. Do you have a suggestion for us? MR. CATHEY: Yes, I do. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the shed and addition within blank days of this hearing, or a fine of blank dollars per day will be imposed until October 23, 2020 Page 61 the violation is abated; and, Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance, and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let me see if I have this down. The violation is no permit. So, I would be looking for an amount of time for the respondent to get a permit. I don't think we need to ask at this time to follow it all the way through to a CO. That's a different story, okay. MS. CURLEY: We have two things. We have a shed, and we have a permit. CHAIRMAN KAUFMAN: I understand that. What we have is no permit is -- that's the violation -- MR. CATHEY: Two unpermitted structures, addition and shed. CHAIRMAN KAUFMAN: That's correct. So that's what has to happen. MR. CATHEY: Part of the order is, in addition, he's got to obtain the permit all the way through his inspections and certificate of completion like every other unpermitted structure. MS. CURLEY: I have a question for the county, please. MR. CATHEY: Yes. MS. CURLEY: Is that addition being occupied, and is there electricity in it? MR. CATHEY: I'm -- I don't believe it's been occupied. I've not seen anybody in it, so... October 23, 2020 Page 62 MS. CURLEY: Is the house poked through? Have they cut that exterior wall? MR. CATHEY: I haven't seen the inside of the addition, so... MS. CURLEY: Has that exterior wall that used to be there been removed so you can see through into that un -- illegal addition? MR. SAINTIL: No, what -- no. MR. LETOURNEAU: There's a door into it. MR. SAINTIL: Door to it, yeah. MS. CURLEY: So, it's going to be a separate entrance? MR. SAINTIL: This one going to tore down anyways. MS. CURLEY: Okay. So, I'll fill in the blanks. So, No. 1, within 60 days or a fine of $250. I can't see if the operational costs are in there or not. CHAIRMAN KAUFMAN: 59.21. MS. CURLEY: And I want to make sure that it says the shed, certificate of -- MR. LETOURNEAU: It does. It said shed and addition. MS. CURLEY: And does it say remove or demo, demolition? MR. LETOURNEAU: Yes. It's the standard one we put up there. CHAIRMAN KAUFMAN: Okay. Sir? MR. SAINTIL: So, for all the material I got that you see, the tile -- CHAIRMAN KAUFMAN: Hang on one second. MS. CURLEY: Did somebody second the motion? CHAIRMAN KAUFMAN: That's what I'm coming back to. MR. DOINO: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and second. Before we vote on it, go ahead, sir. MR. SAINTIL: Yeah. Because you see all the material I got for the addition. To clear everything, it's going to cost me a lot October 23, 2020 Page 63 because I'm -- even I clear, it have to return when I'm ready. So, what you expect me to do with them? CHAIRMAN KAUFMAN: That's part of the -- MR. SAINTIL: -- the tile for the building? CHAIRMAN KAUFMAN: That's part of the plan on building something. You have to have enough money to do the job, not to do half of the job. So that falls on you to resolve that problem. MR. SAINTIL: What I -- what I tried to say, that permit is -- look like I don't explain that much to you guys to understand me. What I said, this one, this addition you guys see, it's not the addition. With the addition, I already returned the permit, the blueprint, it's not a start yet. CHAIRMAN KAUFMAN: Is not what? MR. SAINTIL: It's not a start. MR. LEFEBVRE: Now, this current addition -- this current addition's going to be torn down and you're going to start new. MR. SAINTIL: Yeah. MS. CURLEY: That's not what we're talking about. We're talking about an expired permit, and we're talking about a shed. So, we don't really care about what your future plans are or if you have blueprints or where you're going to store your items. Having all those items stored in your backyard is also illegal. You can't have all this construction material peppered throughout your yard, and it's not really what we're here to hear. MR. SAINTIL: I understand. CHAIRMAN KAUFMAN: We have -- any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Okay. Hearing none, all those in favor? MS. ELROD: Aye. October 23, 2020 Page 64 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I suggest that you go back to Renald Paul and tell him what the Board has done and let him advise you on where you go from here. I doubt seriously that 60 days will be enough time for you to get everything done, so you need to explain that to Renald Paul and listen to his advice. He's a very bright person that can help you with that, okay? MR. SAINTIL: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Thank you. We're going to take a 10-minute break for Ms. Fingers. (A brief recess was had from 10:37 a.m. to 10:47 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Hail, hail, the gang's all here. Okay. Helen, what are we up to? MS. BUCHILLON: Okay. Next, we're going to go to old business, C, motion for imposition of fines, No. 4, CESD20170002774, N-A Properties, LLC. CHAIRMAN KAUFMAN: Did we skip 3 for any particular reason? MR. LEFEBVRE: The respondent's not here. CHAIRMAN KAUFMAN: Okay. That's probably the reason. MS. BUCHILLON: Yes, sir. October 23, 2020 Page 65 CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MS. SEPANSKI: I do. CHAIRMAN KAUFMAN: Okay. Since you're here, why don't you let us know what the story is. MS. SEPANSKI: My name is Lisa Sepanski, and I'm owner of N-A Properties. We purchased this home in 2009, and due to the renter, there was a complaint made, I'm not exactly sure, but something on the property, and in that process they -- someone came up with there was no permit for the pool. This is almost, I think, like, 20 years later. And, again, we had no idea. So, we had to take on that responsibility to get it permitted, and the process was supposed to be to get it up to code for that time period, which I believe was in the '90s. Forgive me, I left my book over there, so... Dee, I think in the early '90s, right? MS. PULSE: Approximately 1995. MS. SEPANSKI: Ninety-five. And so, we went and got the required permits. It was supposed to be updated to that time period. Then it moved on to now we have to have it up to current code, which, okay, not a problem. But every time I would either hire someone or I was told to do -- you know, get a contractor, then it was get an electrician, and pretty much everything I did it was brought up to something else. I needed this. I need this. And it was almost like it was being handled like a personal vendetta rather than, you know, in a professional level on the Building Department. I can tell you I dealt with Renald. Absolutely no help. I mean, I had to write letters. I wrote letters to, actually, every one of you, to the commissioner, Burt Saunders, you know, Code Enforcement, and, October 23, 2020 Page 66 finally, I'm not sure who helped me, but someone made a phone call, and within a day it was CO'ed, and I didn't have to do anything further. And just to give you an example, I was like -- they wanted me to put the water in the pool, take the water out. It was just ridiculous. I mean, I did everything I was supposed to do and more, and it's cost me, I mean, just a lot of money. CHAIRMAN KAUFMAN: Let me ask you a couple questions. MS. SEPANSKI: Yes. CHAIRMAN KAUFMAN: What I'm showing on my paperwork is in-ground swimming pool on property, no barrier -- MS. SEPANSKI: Yes. CHAIRMAN KAUFMAN: -- and no permits. MS. SEPANSKI: Correct. CHAIRMAN KAUFMAN: I understand what you just said about -- is there a barrier around the pool? MS. SEPANSKI: Yes. CHAIRMAN KAUFMAN: A fence? MS. SEPANSKI: Yes, we have a fence there also. I believe that was -- that was another violation, right, Dee? It's two violations. The fence, which would be the barrier, and then the actual pool. I took care of the fence quite some time ago. CHAIRMAN KAUFMAN: Is this property in compliance now? MS. PULSE: Yes, sir. And the fence was part of the order. CHAIRMAN KAUFMAN: I see that. MS. PULSE: So, they did get their -- everything done with that right away. CHAIRMAN KAUFMAN: Originally this was cited when? MR. LEFEBVRE: 2017. MS. PULSE: Yes, 2017. October 23, 2020 Page 67 MR. LEFEBVRE: Case heard in December 2017, if I'm not mistaken, with stipulated agreement. MS. CURLEY: Do you live there? MS. SEPANSKI: No, it's a rental property, which I'm actually in the process of trying to sell at the moment. MS. CURLEY: Well, it sounds like a nightmare. I'll make a -- MS. SEPANSKI: Yes, it is. MS. CURLEY: I'll make a motion to deny the county's fines in addition to the operational costs denial. MS. ELROD: Second. MS. CURLEY: Total of 91,251.91. MS. ELROD: Second the motion. CHAIRMAN KAUFMAN: We have a motion and we have a second. Let me get to the right page. MS. CURLEY: And the next time you buy real estate, you make sure that all your stuff is permitted. MS. SEPANSKI: I've got to tell you this. MS. CURLEY: The realtor should have done this. MS. SEPANSKI: We had an attorney when we purchased the property. I don't understand what happened. So, I mean, unfortunately, I should have done my own research. I mean, I know the whole system now on research and that stuff. But, yeah, we went and, like I said, we had a title company, a lawyer, and somewhere along the line, they didn't -- MS. CURLEY: Take your owner's title insurance policy; read it when you get home. MS. SEPANSKI: Okay. Thank you. CHAIRMAN KAUFMAN: Even better, before you buy a property, you should do a little research on the property. Code Enforcement can do an audit, et cetera. MS. SEPANSKI: Yes. October 23, 2020 Page 68 CHAIRMAN KAUFMAN: Okay. We have a motion and a second. The total on this was $91,259.91. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PULSE: I have a question. Does that include the operational costs for today's hearing? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Yes. MS. PULSE: And those were abated, okay. MR. LEFEBVRE: Yes. MS. CURLEY: Yeah, the 59.91 I included. CHAIRMAN KAUFMAN: So, you're going to take the whole board out for lunch. MS. SEPANSKI: Right. I can't thank you enough. I appreciate it. Very much. CHAIRMAN KAUFMAN: Okay. Stay out of trouble. MS. CURLEY: Don't feel like you're the only one. This has happened to people before. We've seen these cases, and it is very hard to fix once you realize that's happened. MS. SEPANSKI: Thank you, again. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next item, No. 8, CESD20180014394, Daniel R. Blake and Sally Sue Blake. (The speakers were duly sworn and indicated in the affirmative.) MR. CATHEY: I do. October 23, 2020 Page 69 MR. BLAKE: I do. CHAIRMAN KAUFMAN: Okay. Why don't you begin. I know what -- they're going to read the order into the record, but you're here probably to request something. MR. BLAKE: John Blake. I thought I was done. I didn't know anything about this till I received this letter on October 7th. CHAIRMAN KAUFMAN: It says here the past order on February 28th, 2019, was found in violation. Are you familiar with that? MR. BLAKE: Yeah. I got all the little signatures done. CHAIRMAN KAUFMAN: Okay. And it says, according to the paperwork here, that the violation has not been abated as of October 23rd. MR. BLAKE: I understand what that says. I don't -- CHAIRMAN KAUFMAN: You don't agree? MR. BLAKE: I don't know. CHAIRMAN KAUFMAN: Okay. MR. BLAKE: I know now I don't have a certificate of occupancy. I thought I did. CHAIRMAN KAUFMAN: Okay. MR. BLAKE: I thought everything was done. MR. CATHEY: The permit's just been pending the elevation certificate. I talked to Mr. Blake today. He mentioned he talked to Renald Paul and has a small correction to get that elevation certificate completed. That's the only thing that's been pending. MS. CURLEY: Do you live here? MR. BLAKE: Yes. I take care of my parents. MS. CURLEY: So, you accept mail here? I mean, so you're getting the notices. MR. BLAKE: I got this notice on October 7th or this new coming. October 23, 2020 Page 70 CHAIRMAN KAUFMAN: Jeff, you want to pull this till the next meeting? MS. CURLEY: Well, he said he got all the little signatures. What about the big signatures? MR. CATHEY: Like I said -- MR. LETOURNEAU: Well, I mean, the operational cost hasn't been paid. I would -- the county would rather have -- MR. CATHEY: The previous cost was paid. MR. LETOURNEAU: Oh, my bad. MR. LEFEBVRE: It says -- CHAIRMAN KAUFMAN: It says that the -- MR. LETOURNEAU: Have not been paid, it says on there. CHAIRMAN KAUFMAN: It says has been paid on mine. MR. LETOURNEAU: Okay. All right. Then I've got an old one here. I'd rather -- I mean, I'd rather we had this gentleman ask for an extension or, you know, that -- rather than pull it at this point. MR. BLAKE: Can I ask -- well, no. I guess I've got to ask somebody else. But it's five inches. I have to raise -- an A/C unit that was on the ground that is now here, I have to pay $800 to raise it five more inches. MS. CURLEY: You're talking to the wrong people. MR. BLAKE: Yeah, I understand that. CHAIRMAN KAUFMAN: Put yeast in it. MS. CURLEY: So, you -- so you knew that there was something pending on this, then? MR. BLAKE: On October 7th, I got this letter. October 9th -- 8th, 9th, and 12th I tried to get ahold of Helen, because that's the only phone number on this letter. MR. LETOURNEAU: Was this an owner/builder, a permit, or a contractor? Right here. MR. BLAKE: I -- October 23, 2020 Page 71 MR. LETOURNEAU: Did you have somebody pull the permit for you? MR. BLAKE: Yes, I had somebody pull the permit for -- MR. LETOURNEAU: Okay. Then that would probably be your contractor's -- MR. BLAKE: That was the first issue I found out going through the whole issue of why I couldn't get any inspections was I made the mistake of not getting a general contractor. CHAIRMAN KAUFMAN: Let me just -- let me iron all this out. MR. LETOURNEAU: The county would not object for any kind of an extension at this point. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Or whatever -- the one where the fine keeps running. CHAIRMAN KAUFMAN: Where we are now is we can't waive the fines on a violation that has not been abated. MR. WHITE: Correct. CHAIRMAN KAUFMAN: So what the county has said and what a good thing for you to do would be to request that this -- you have a continuance on this to our next meeting, and at that time, you can get all your elevations and all the rest of that done. And when you come back to the Board, that line that says the violation has not been abated will say it has been abated, and I'm sure the Board would look favorably at that. So, you want to try asking for that? MR. LETOURNEAU: We wouldn't be adverse to the January hearing at this point. I think it might take a little bit more time than a month. MR. BLAKE: It will take me about a month; it's the $800 that upsets me for five inches. MS. CURLEY: Well, maybe it was installed wrong. October 23, 2020 Page 72 MR. BLAKE: If someone can explain that for me. MR. LETOURNEAU: I would say it probably has something to do with the FEMA flood issues. MR. CATHEY: I believe so. MR. BLAKE: It doesn't -- right, I'm sorry. MS. CURLEY: So, whoever did it, have them come back and do it right. MR. BLAKE: I'll pay the $800 and take care of all the money. I'll pay somebody else. Okay. I need the abatement, whatever. CHAIRMAN KAUFMAN: You're asking for this to be continued until our January meeting? MR. BLAKE: I need -- I'm asking for this to be continued until the January meeting. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Did you just pull it? MR. LETOURNEAU: No, I did not pull it. MR. LEFEBVRE: I'm sorry. CHAIRMAN KAUFMAN: Okay. MS. ELROD: And then you can come back and ask for the fines to be waived. CHAIRMAN KAUFMAN: And then you can come back -- MS. CURLEY: Come back with the big signatures. CHAIRMAN KAUFMAN: Yeah, which is not much to ask to abate a fine, at that time, probably 25,000 -- MR. BLAKE: Yeah, you're right. MR. LEFEBVRE: I make a motion to continue this until our January meeting. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. October 23, 2020 Page 73 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. January, come back here, and this paper should say it's been abated, and then we can do the right thing. MR. CATHEY: Thank you. MR. LEFEBVRE: You're welcome. MS. CURLEY: You're welcome. MS. BUCHILLON: Next item, we are going back to motions, under hearings, No. 7, CEPM20200006626, Johnson Pharisien. CHAIRMAN KAUFMAN: This is under hearings, No. 7? MS. BUCHILLON: Yes, sir. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Let me get myself in the right place. Hearings under 7, I have Castro. MR. LEFEBVRE: No. MS. CURLEY: V.D.7 on your screen. MS. BUCHILLON: Under hearings. MR. LEFEBVRE: Not imposition. Actual cases to be heard. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Number 8 is the same respondent, but he abated that, it appears, so it was withdrawn. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: This is Johnson, okay. Holly Avenue. MR. WHITE: Yes, sir. October 23, 2020 Page 74 CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MS. BUCHILLON: Respondent was notified certified mail and regular mail on October 5th and was also posted at the property and courthouse October 1st. CHAIRMAN KAUFMAN: Okay. John, you want to present your case? MR. JOHNSON: Yes, thank you. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEPM20200006626 dealing with a violation of Collier County's Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236 dealing with property maintenance standards for repair or demolition of hazardous buildings by the county. Specifically, the remaining structure on this property was found to be dangerous and unsuitable for the safe occupancy of its intended use. The property is located at 2617 Holly Avenue, Naples, Florida, 34112. Folio No. 50890640002. Service was given on July 23rd, 2020. I would now like to present case evidence in the following exhibits: Property information from -- you have to -- am I allowed to do this? CHAIRMAN KAUFMAN: We don't have to ask anybody. They're not here. You just tell us what you have, then we make a motion to accept it. MR. JOHNSON: Okay. I've got property information from the Collier County Property Appraiser. I have aerial images from the Collier County Property Appraiser, two photos taken by me, and I have a copy of the declaration of dangerous building determination from Chief Building Official Jonathan Walsh issued on July 16, 2020. October 23, 2020 Page 75 CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept this documentation? MS. ELROD: Motion to accept the photos. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Okay. Again, I mentioned this is Holly Avenue. I think we're all familiar in that. This board actually heard a case on this property a few months back. It's a -- it was a mobile home on the property that was repossessed. That is now gone. There are the photos. And then the last piece of evidence that we'll reference in my testimony is the dangerous building determination. CHAIRMAN KAUFMAN: What's wrong with the building? MR. JOHNSON: It is -- it's -- CHAIRMAN KAUFMAN: Never mind. I was being funny. MS. CURLEY: Is there two structures on this property? MR. JOHNSON: That's a great question. There's a piece of an old mobile home, a piece of what might have been a garage or a lanai, and behind that is an old metal rotting shed. CHAIRMAN KAUFMAN: Okay. Is that the mailbox out front, too? MR. JOHNSON: The mailbox was down. It's actually now October 23, 2020 Page 76 back -- well, it was knocked down. Now it's back up, but that's the building. CHAIRMAN KAUFMAN: The building is unoccupied? MS. CURLEY: It doesn't look it. It looks like somebody's having coffee right there. CHAIRMAN KAUFMAN: That was John. MR. JOHNSON: It is supposed to be unoccupied. Occasionally there is a bicycle there. The owner of record occasionally shows up there. Occasionally the Sheriff's Office is called in there. CHAIRMAN KAUFMAN: Have you had a discussion with the owner of the property? MR. JOHNSON: I have not spoken to him in -- regarding this dangerous structure. No, I've not spoken to him. I've spoken to him in the past. MS. CURLEY: Can you just scroll through the pictures one more time. MR. LEFEBVRE: And when was this first observed? MR. JOHNSON: I'd have to look at the case. The service given on July 23rd of 2020. MR. LETOURNEAU: So, John, in this aerial right here, what building are we looking at that's in your picture that has this right here as far as the aerial goes? MR. JOHNSON: That's a very good question. This is a mobile home that was repossessed, taken away. So what Jeff is asking is right in here, and then there's a little metal thing here, but it's this -- hello. It's this building -- or this thing that you saw is right here. MS. CURLEY: Was that a real building, or was that also a mobile home? MR. JOHNSON: It was part of a mobile. October 23, 2020 Page 77 MS. CURLEY: Like an addition? MR. JOHNSON: I think it was kind of lopped off when the new one came in, but I don't know. CHAIRMAN KAUFMAN: Okay. Well, anybody want to make a motion whether a violation exists? MR. LEFEBVRE: Make a motion a violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. JOHNSON: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: No. 1, obtaining all required Collier County building or demolition permits, inspections, and certificate of completion/occupancy for the identified dangerous structures within blank number of days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abate d 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 October 23, 2020 Page 78 method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to try filling in the blanks? MR. LEFEBVRE: My motion states that 59.21 in operational costs will be paid within 30 days; abate the issue within 30 days, or a fine of $350 a day. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: We're running out of people, Helen. MS. BUCHILLON: We're going back to old business, motion for imposition of fines, No. 3. CESD20180002267, Joseph Costa, Jr., and Charles Beauregard. There's a letter in there also requesting the fines to be waived. (The speaker was duly sworn and indicated in the affirmative.) October 23, 2020 Page 79 MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay, Joe. Why don't you tell us a little bit. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. You want me to read this, or do you just want to know about the case? CHAIRMAN KAUFMAN: Why don't you just give us a quickie off-the-top-of-your-head summary. MR. MUCHA: Yeah. I mean, the gentleman, Mr. Beauregard, he's been working with us. I mean, it just took a little bit of extra time. He was busy. He does -- during season he's, like, a golf pro at one of the country clubs here. And I just know it took a little bit of extra time, but he finally got everything done. But he was always in touch with me. CHAIRMAN KAUFMAN: Okay. He wrote quite a letter. MS. CURLEY: He did include everything. I remember him once we got to the -- I remember the golfing aspect of it. Seasonal. MR. MUCHA: Yep. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to deny the county's fines of $64,800 including the operational costs for today's hearing of 59.84, for a total of 64,859.84. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. October 23, 2020 Page 80 MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Mr. Beauregard thanks you, too. MS. BUCHILLON: Next on the agenda, No. 5, CESD20180010414, Thomas A. Gray and Carla Fingar. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: You get back quickly. Okay. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is one that we were waiting on -- it was done a while back, but it needed an elevation certificate, kind of like the gentleman that was just up there, and he finally was able to get that resolved, so -- but it was -- it had been done for quite a while. It was just getting that portion of it resolved, so... CHAIRMAN KAUFMAN: Okay. Any discussion from the Board? Any motions? MS. ELROD: I'll make a motion to deny the county the imposition of fines, 17,459.35. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. October 23, 2020 Page 81 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. MS. BUCHILLON: Next item, No. 6, CEOCC20190008179, Crispin Trujullio. (The speaker was duly sworn and indicated in the affirmative.) MS. PULSE: I do. CHAIRMAN KAUFMAN: I see that the violation has not been abated and the previous assessed operational costs have not been paid; is that correct? MS. PULSE: As of yesterday, when I checked, they had not been paid. CHAIRMAN KAUFMAN: Okay. This was prohibited business activity. What kind of business was this? MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement investigator. At one time he had several businesses. It appeared a painting business, renovation business, lawn care business. So, there was -- I believe he was just using his property for people to store their vehicles there and come in the morning and leave, go to work, and then they came back and left their vehicles. CHAIRMAN KAUFMAN: Is he living at Green Boulevard there? MS. PULSE: Yes, he is. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Is it a big piece of land? Is it, like, in the Estates? MS. PULSE: Uh-huh. MS. CURLEY: So, he's still doing that? MS. PULSE: He managed to stop the painting businesses. October 23, 2020 Page 82 The renovation business I have not seen. Basically, I've just seen lawn care now. So, it's diminished quite a lot, but it still is occurring. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion on this? MR. LEFEBVRE: Does she have to read this in or no? MS. CURLEY: It's not been -- so it says -- am I on the right one? MR. LEFEBVRE: Yeah. MS. CURLEY: Has not been abated? MS. PULSE: It is not abated. CHAIRMAN KAUFMAN: Has not been abated, and the operational costs have not been paid. So, read it in, and we can go from there. MS. PULSE: A portion of it did get abated. He did obtain his business tax receipt for a lawn care business, but there's still people coming to the property and leaving with lawn care commercial vehicles. MS. CURLEY: I'll make a motion to -- CHAIRMAN KAUFMAN: Hold on. MR. LETOURNEAU: We'd like to read it into the record. (Simultaneous crosstalk.) MS. PULSE: Yes. Okay. Violation of Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-11(b) and Collier County Land Development Code 04-41, as amended, Sections 5.03.02, 5.02.03(C), 5.02.03(E) -- is that an E? Oh -- and 5.02.03(J). Location is 4825 Green Boulevard, Naples, Florida; Folio 38398960002. Description of the violation was prohibited business activity: Observed employees coming to and leaving property. No business October 23, 2020 Page 83 tax receipt for business operation. Past order, on July 23rd, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5830, Page 2397, for more information. The violation has not been abated as of October 23rd, 2020. Fines and costs to date are as follows: Number 3 on the stipulation, cease and desist. Fines have occurred -- accrued at a rate of $150 per day for the period from August 23rd, 2020, to October 23rd, 2020, 62 days, for a total fine amount of $9,300. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.35. The total amount of $9,418.63. CHAIRMAN KAUFMAN: Okay. Anyone want to make a motion on this? (No response.) CHAIRMAN KAUFMAN: I'll make a motion we impose the fine. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 23, 2020 Page 84 MS. PULSE: Thank you. MS. BUCHILLON: Next item, No. 12, CESD20180015605, Michael J. Riccio and Regina A. Riccio. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. This is a staircase leading to the second floor. It has been abated. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Anything else we should know about this? MR. MUCHA: No, no. I think everything's pretty straightforward, as they put in the letter, so -- I mean, they stayed in touch with us, and... CHAIRMAN KAUFMAN: Okay. Has -- I was looking in the letter to see if I find anything asking that it be abated. MR. LEFEBVRE: Waived. CHAIRMAN KAUFMAN: Pardon? MR. LEFEBVRE: It says we'd like to have the daily fine waived. CHAIRMAN KAUFMAN: Okay. I guess he means the entire amount. Anybody want to make a motion on this? MS. ELROD: I'll make a motion to deny the county imposition of fines. CHAIRMAN KAUFMAN: We have a motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. October 23, 2020 Page 85 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. MS. BUCHILLON: The last order is to rescind that order that I added to the agenda. CHAIRMAN KAUFMAN: Okay. And we already took care of that. Okay. It looks like we are done. The next meeting is? MS. BUCHILLON: November 20th. CHAIRMAN KAUFMAN: Close to Thanksgiving, okay. We are adjourned. ***** October 23, 2020 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :20 a.m. CODE ENFORCEMENT BOARD RI~fwRT KAUFI A 6 AIRMAN These minutes approved by the Board on q-_ a4 as presented ?( or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 86