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CEB Minutes 11/20/2020 November 20, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 20, 2020 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Chloe Bowman Herminio Ortega Danny Blanco Gerald J. Lefebvre (Absent) Sue Curley (Absent) Ron Doino (Absent) Kathleen Elrod (Absent) Barbara Ann Davis, Alternate (Absent) ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Co ter COUnty Growth Management Department Code Enforcement Division Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 20, 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. MOTION FOR RE -HEARING • CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: B. MOTIONS CESD20180006671. Anthony High and Veronica Andis-High Sherry Patterson Collier County Land Development Code 04-41, as amended, Sections I 0.02.06(B)(1)(a) and 10.02.06(B)(1)(e) and Florida Building Code, Chapter 1, Section 105.1. Alterations/additions commenced prior to obtaining required Collier County building permits. 80221880003 9512 Chelford Ct, Naples, FL MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME • CASE NO: CESD20200000524 OWNER: Jones Napoleon OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). wood structure erected in rear yard without a permit. FOLIO NO: 25967800360 PROPERTY 14573 Apalachee St, Naples, FL ADDRESS: C. STIPULATIONS (NON -CONTESTED CASES AND PRESENT AT THE HEARING) D. EMERGENCY CASES E. HEARINGS • CASE NO: CESD20190005434 OWNER: SCHATZIE REALTY INC OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, 4. 5. Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Garage converted to living space without first obtaining Collier County Building permits. FOLIO NO: 77260320003 PROPERTY 148 6th St, Naples, FL ADDRESS: CASE NO: CEPM20190010449 OWNER: Maria Del Socorro Alvarado OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(f) and 22-240(2)(1). Unsecured dwelling, mildew growth on the exterior walls, and dilapidated wooden front steps/ramp on improved apparently unoccupied residential property. FOLIO NO: 30683880002 PROPERTY 1423 Peach St, Immokalee, FL ADDRESS: CASE NO: CESD20190012379 OWNER: KSWFL HOMESITES LLC OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e). Lot cleared in unimproved Agricultural zone parcel. FOLIO NO: 61736960000 PROPERTY 2225 Della Dr, Naples, FL ADDRESS: CASE NO: CESD20190013491 OWNER: Larry R Davis OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior and exterior renovations and electrical work without required permits, inspections and certificate of completion/occupancy. FOLIO NO: 24532800000 PROPERTY 55 7' St, Bonita Springs, FL ADDRESS: CASE NO: CEPM20190002576 OWNER: Lloyd L Bowein OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Pieces of masonry material are separating from the upper walkway of this mixed -use structure. FOLIO NO: 71781320009 PROPERTY 3385 Bayshore Dr, Naples, FL ADDRESS: 6. 9. CASE NO: CESD20200002803 OWNER: Humberto Aguilar OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two carport's, kitchen addition with electrical and plumbing all attached to the mobile home erected without first obtaining the authorization of the required permits, inspections and certificate(s) of occupancy as required by Collier County. FOLIO NO: 127880006 PROPERTY 331 N 15t' St Unit 4, Immokalee, FL ADDRESS: CASE NO: CESD20200003939 OWNER: Felix Campos OFFICER: Junior Torres 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). Shed without the required Collier County permits, inspections, or approvals. FOLIO NO: 73830480005 PROPERTY 1259 Milano Dr, Naples, FL ADDRESS: CASE NO: CESD20170006435 OWNER: MIDLAND IRA INC SCOTT TOTH IRA OFFICER: Sherry Patterson 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). Remodeling improvements to include electrical and plumbing made to the kitchen and bathrooms without Collier County Building Permits. FOLIO NO: 51493480008 PROPERTY 2224 Regal Way, Naples, FL ADDRESS: CASE NO: CEPM20200004824 OWNER: Matthew J Smith and Jennifer A Smith OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article IX, Section 22-231(12)(n). A screened pool enclosure missing screening, rendering it a health/safety hazard, FOLIO NO: 41820960004 PROPERTY 710 Logan Blvd N, Naples, FL ADDRESS: 10. CASE NO: CESD20200002094 OWNER: Jose Valdes and Olga L Benitez OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, 11 12. 13. 14. Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Multiple unpermitted structures on the property. FOLIO NO: 41342440002 PROPERTY 2730 32°d Ave SE, Naples, FL ADDRESS: CASE NO: CEVR20200000062 OWNER: William E Christ and Roseanne R Christ OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). 1) Site work, improvement of property, grading, and/or removal of protected/native vegetation without a valid building permit that would allow same. The 2016 Demolition permit for the shack, currently expired, does not authorize the removal of any native vegetation. 2) Alteration of land through placement of Fill or off -site vegetative debris that removed or otherwise destroyed vegetation without first obtaining approval from the County. 3) Removal of native vegetation where the total area cleared exceeds the one (1) acre allowed to be cleared by the now -expired Building Permit issued for construction of the principal structure. FOLIO NO: 741080402 PROPERTY 10827 Greenway Rd, Naples, FL ADDRESS: CASE NO: CEAU20200009413 OWNER: KATRIX LLC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). A dilapidated chain link fence in the front and side yard of unimproved property. FOLIO NO: 65071520004 PROPERTY 523 Eustis Ave, Immokalee, FL ADDRESS: CASE NO: CEPM20200009545 OWNER: NOVAD MGMT CONSULTING LLC OFFICER: Junior Torres VIOLATIONS: Collier County Code of Laws and ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Observed outside lanai structure with torn screens. FOLIO NO: 67940520007 PROPERTY 2323 Pine Woods Cir, Naples, FL ADDRESS: CASE NO: CESD20200000495 OWNER: Julio Aleman and Milagros Aleman OFFICER: Ryan Cathey 15. 16. 17 18. VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). 1) Improvement(s)/alteration(s) including, but not limited to, aluminum overhang. 2) Voided permit: 2009040657. FOLIO NO: 25967801385 PROPERTY 14607 Chickee Dr, Naples, FL ADDRESS: CASE NO: CESD20200000511 OWNER: Guillermo Garcia and Sara Rojas De Garcia OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A shed was observed on property without Collier County Permit. FOLIO NO: 25967801204 PROPERTY 14592 Apalachee St, Naples, FL ADDRESS: CASE NO: CEPM20200009881 OWNER: SIERRA MEADOWS PROPERTY INC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Multiple streetlights out. FOLIO NO: 73620100029 PROPERTY 7010 Sierra Club Cir, Naples, FL ADDRESS: CASE NO: CENA20200009332 OWNER: Laura E Anzualda OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Litter/outside storage consisting of but not limited to multiple appliances in various states of disrepair and condition in the front yard of improved property (repeat violation CENA20160018888). FOLIO NO: 122600003 PROPERTY 119 N 9t' St, Immokalee, FL ADDRESS: CASE NO: CESD20200002525 OWNER: James M Altenburg OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). An unpermitted, finished private swimming pool and spa with an unpermitted screen enclosure. FOLIO NO: 41829200008 PROPERTY 5090 Cherry Wood Dr, Naples, FL ADDRESS: 19• CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: VI. OLD BUSINESS CESD20200004952 ALL BUILDING AND MAINTENANCE LLC Ryan Cathey 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. 67030560003 302 Pinehurst Cir, Naples, FL A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR IMPOSITION OF FINES/LIENS CASE NO: CESD20180006559 OWNER: Anthony J Baldoni and Dana S Baldoni OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations/improvements made on property and no Collier County building permits obtained. FOLIO NO: 51978012988 PROPERTY 14483 Jekyll Island Ct, Naples, FL ADDRESS: CASE NO: CEPM20190014944 OWNER: Daniel F Tripp and Sandra L Tripp OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Section 22-236. Dangerous/unsafe structure as determined by the County Building Official. FOLIO NO: 45965000003 PROPERTY 2060 21st St SW, Naples, FL ADDRESS: CASE NO: CESD20180006864 OWNER: Zoelle Cattanio and Scott Cattanio Grdn OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(f). Outside stairs and dock do not meet current Building Code as determined by Collier County Building Official. FOLIO NO: 82641000005 PROPERTY 2579 Andrew Dr, Naples, FL ADDRESS: a 5. 6. 7. 8. CASE NO: CESD20160002752 OWNER: James Gadsden and Scottie L Gadsden Grdn OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Lad Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior remodeling including, but not limited to new drywall, new framing, electrical, plumbing, flooring and installation of a central air conditioning system, all of which were observed on improved unoccupied commercial property. FOLIO NO: 24370240000 PROPERTY 317 S 1s1 St, Immokalee, FL ADDRESS: CASE NO: CESD20170011136 OWNER: SOMAR 1939 LLC OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two expired building permits for the property (PRBD20111005151 and (20151238615) pertaining the reconstruction of the home from fire damaged. FOLIO NO: 37062200002 PROPERTY 1361 Golden Gate Blvd W, Naples, FL ADDRESS: CASE NO: CESD20160011175 OWNER: Maria O Jimenez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 PROPERTY 5326 Trammel Street, Naples, FL ADDRESS: CASE NO: CESD20180002262 OWNER: CTPML LLC OFFICER: LaToya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior alterations commenced prior to obtaining proper Collier County permits. FOLIO NO: 00384600003 PROPERTY 213 and 261 Airport Rd S, Naples, FL ADDRESS: CASE NO: CESD20160015133 OWNER: Esmerido Castro OFFICER: Santo Nicita VIOLATIONS: Collier County Land Development Code 04-41, as amended, 10. 11 12. Section 10.02.06(B)(1)(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 Place SW, Naples, FL ADDRESS: CASE NO: CEROW20150023031 OWNER: Veronica Tressler, Barbara Dethloff and Elizabeth Lucky OFFICER: Sherry Patterson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). A culvert drainage pipe in need of repair or replacement. FOLIO NO: 161080008 PROPERTY 231 Willoughby Dr, Naples, FL ADDRESS: CASE NO: CESD20190009049 OWNER: Jose S Olivares-Gonzalez and Ana J Trejo De Olivares OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.006(B)(1)(e) and 10.02.06(B)(1)(e)(i). Addition/alteration/porch overhang and shed on the property without permits. FOLIO NO: 25967802724 PROPERTY 14701 Apalachee St, Naples, FL ADDRESS: CASE NO: CESD20190011752 OWNER: Roseanne Leising Hogle and Charles F Leising 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). New roof for the carport and drywall removal in the interior of the mobile home. No building permits obtained for these alterations. FOLIO NO: 49531440006 PROPERTY 36 Henderson Dr, Naples, FL ADDRESS: CASE NO: CESD20190009611 OWNER: Tammy L Desormeau OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Screen enclosure addition and shed built without permits. FOLIO NO: 25967800784 PROPERTY 14657 Apalachee St, Naples, FL ADDRESS: 13. 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: C. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER 1 • CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: D. 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 HEARING DATE-FRIDAY NOVEMBER 20, 2020 AT 9:OOAM XIV.ADJOU RN November 20, 2020 Page 2 CHAIRMAN KAUFMAN: Well, at long last we have a quorum, so we will start the meeting. Notice: That the resident -- 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 this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure 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 if you could all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Do you want to call the roll? MS. GONZALEZ: Yes. Good morning. For the record, Elena Gonzalez, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. GONZALEZ: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. GONZALEZ: Mr. Herminio Ortega? MR. ORTEGA: Here. MS. GONZALEZ: Mr. Danny Blanco? MR. BLANCO: Here. MS. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. And if there are no November 20, 2020 Page 3 corrections, looking for a motion to approve the minutes of the last meeting. MR. BLANCO: Make a motion to approve the minutes. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It passes unanimously. And now for the agenda. Do you have any changes? MS. GONZALEZ: Yes, sir. We have the following stipulations: Under hearings, public hearings, hearings, Item No. 8, Case No. CESD20170006435, Midland IRA, Inc., Scott Toth IRA. Item No. 17, Case No. CENA20200009332, Laura E. Anzualda. Item No. 19, Case No. CESD20200004952, All Building and Maintenance, LLC. Item No. 2, Case No. CEPM20190010449, Maria Del Socorro Alvarado. Item No. 9, Case No. CEPM20200004824, Matthew J. Smith and Jennifer A. Smith. Item No. 14, Case No. CESD20200000495, Julio Aleman and Milagros Aleman. Item No. 4, Case CESD20190013491, Larry R. Davis. And, finally, Item No. 15, CESD20200000511, Guillermo Garcia and Sara Rojas Garcia. Those are our stipulations. November 20, 2020 Page 4 The following cases have been withdrawn: Under public hearings, hearings, Item No. 1, Case No. CESD201900053 -- I'm sorry -- 5434, Schatzie Realty, Inc., has been withdrawn due to compliance efforts. Item No. 3, Case No. CESD20190012379, KSWFL Homesites, LLC, has been withdrawn due to compliance efforts. Item No. 5, Case No. CEPM20190002576, Lloyd L. Bowein, has been withdrawn due to compliance efforts. Item No. 6, Case No. CESD20200002803, Humberto Aguilar, has been withdrawn per the county. Item No. 7, Case No. CESD20200003939, Felix Campos, has been withdrawn due to demolition permit has been issued. Item No. 10, Case No. CESD20200002094, Jose Valdes and Olga L. Benitez, has been withdrawn. They're working towards compliance. Item No. 11, Case No. CEVR20200000062, William E. Christ and Roseanne R. Christ, has been withdrawn due to medical reasons. Item No. 12, Case CEAU20200009413, Katrix, LLC, has been withdrawn per the county. Item No. 13, Case No. CEPM20200009545, Novad Management Consulting, LLC, has been withdrawn due to compliance efforts. Item No. 16, Case CEPM20200009881, Sierra Meadows Property, Inc., has been withdrawn due to compliance efforts. Item No. 18, Case No. CESD20200002525, James M. Altenburg, has been withdrawn due to permit is now valid. Under old business, motion for imposition of fines and liens, the following cases have been withdrawn: Item No. 1, Case CESD20180006559, Anthony and Dana Baldoni, has been withdrawn. They're working towards compliance. Item No. 3, CESD20180006864, Zoelle Cattanio Scott Cattanio, November 20, 2020 Page 5 as guardian, has been withdrawn due to compliance efforts. Item No. 5, Case No. CESD20170011136, Somar 1939, LLC, has been withdrawn due to compliance efforts. Item No. 7, Case No. CESD20180002262, CTPML, LLC, has been withdrawn due to compliance efforts. And that is all for now. Thank you. CHAIRMAN KAUFMAN: That was a mouthful. Could I get a motion from the Board to accept the modified agenda? MS. BOWMAN: Motion to accept. CHAIRMAN KAUFMAN: I have a motion. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GONZALEZ: Okay. We're going to start with, under public hearings, motion for rehearing, which is Item 1, Case CESD20180006671, Anthony and Veronica Andis-High. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, Counselor. MR. BASS: Ray Bass, B-a-s-s. CHAIRMAN KAUFMAN: Okay. MR. BASS: And Mr. High is present here also. CHAIRMAN KAUFMAN: Okay. This was a case that was heard originally in 2019. November 20, 2020 Page 6 MR. BASS: That is correct, Your Honor. I think that the -- I think that there's a new executive summary that is going to be presented on this. MR. SHORT: Mr. Chair, for the record, Supervisor Eric Short with Collier County Code Enforcement. We have -- the county has reviewed Mr. Bass' motion. We have no objection to the rehearing. There were some -- and to be clear, we're rehearing the imposition of fine hearing, not the -- not the original order. There was some information that was not available to Code Enforcement at the time of the imposition, and we'd like to bring that to light if we -- if you accept the motion, and I have an executive summary prepared for you to rehear the imposition. CHAIRMAN KAUFMAN: I have -- I don't have a copy of what you have. MS. GONZALEZ: Yes. I left a copy. You should have it in the front of all of the other executive summaries. CHAIRMAN KAUFMAN: I have the notice of hearing. Yeah, that's what I have. That's -- if that's what you're talking about. MS. GONZALEZ: Yeah. CHAIRMAN KAUFMAN: This is quite unusual. This was heard two years ago. The rules of the Code Enforcement Board state that if you want to rehear something, it has to be requested within 30 days. At no circumstances after 30 days. MR. SHORT: Your imposition of fine hearing was September 24th, and that's what the respondent would like you to rehear. CHAIRMAN KAUFMAN: Okay. From September 24th, even, it's more than 30 days now. MR. BASS: Mr. Chairman, the motion was filed timely. It was filed on October the -- October the 16th, so it was filed timely. November 20, 2020 Page 7 CHAIRMAN KAUFMAN: Okay. In order for us to consider a rehearing, there has to be a law that we did not follow. There were only two items under the rules. MS. BOWMAN: I don't have it. I think it's -- CHAIRMAN KAUFMAN: I have the rules for rehearing. And it says that the -- it's based only on the grounds that a decision was contrary to the evidence or that the hearing involved an error on the ruling of law. Can I assume that there was no error on the ruling of law? MR. SHORT: I agree; however, even though your imposition of fine hearing is not an evidentiary hearing, there was knowledge that Code Enforcement Board wasn't aware of, and we would not have pursued the imposition had we been aware of some facts from the Building Department. CHAIRMAN KAUFMAN: Okay. It's up to the Board when we rehear this or not. I'd liked to hear from our attorney on his interpretation of the rules, specifically Paragraph Q. MR. WHITE: Thank you, Mr. Chairman. In fact, it is, as you've mentioned, Paragraph Q. It's in Article No. 9 under hearings. And you're correct that there are the two stipulated grounds. One is that the decision was contrary to the evidence or the hearing involved an error of -- an error on a ruling of law that was fundamental to the decision of the Board. So there's, essentially, two linked elements to the third, which is, was the decision fundamentally, in a sense, in error. And I believe that what the staff is telling you is that under the first test, contrary to the evidence, that there was, in a sense, evidence lacking that could not have been but now is known. It wasn't known at the time. It is known now. So it would seem to me that at least for the purposes of deciding whether or not you want to hear the rehearing or not, that there would November 20, 2020 Page 8 be a reasonable ground to do so. So, ultimately, of course, it's within the Board's discretion as to whether they desire to hear or -- excuse me -- in this case rehear, but I believe that there's -- at least if it was a kind of criminal matter, there's a probable cause, if you will, to at least rehear it. CHAIRMAN KAUFMAN: Okay. There's another item on here that troubles me. And I've been on the Board for a long time. Under no circumstances when the operational costs have not been paid do we hear anything. MR. SHORT: The operational costs have been paid. They were not paid for the imposition that we're anticipating on rehearing. CHAIRMAN KAUFMAN: Okay. So they weren't paid, then? MR. SHORT: But the costs for the original hearing were paid. CHAIRMAN KAUFMAN: On the sheet it says, previous assessed operational costs of 59.49 have been paid. Those are the operational costs for what? MR. SHORT: Those were paid for the original hearing -- CHAIRMAN KAUFMAN: For the original hearing. MR. SHORT: -- for which you issued your order. CHAIRMAN KAUFMAN: Okay. And then the second 59.28 that has not been paid is for what? MR. SHORT: That is for the imposition hearing that the respondent is requesting you rehear. CHAIRMAN KAUFMAN: Okay. And, again, let me go back. When you don't pay the operational costs, we generally don't hear anything; is that correct, Jeff? MR. LETOURNEAU: I would say -- for the record, Jeff Letourneau, Collier County Code Enforcement. I would say that I think due to the fact that they're wanting to rehear the original imposition, that the feeling was that the fines didn't need to be paid until a decision was made on that. I'm thinking that's what the November 20, 2020 Page 9 reason is. Am I correct on that, Eric? MR. SHORT: Yeah. I would just add, historically, not every time but, historically, when you make your decision to waive or abate a fine, that that cost -- the operational costs is not assessed. MS. BOWMAN: Okay. So let's make a decision. CHAIRMAN KAUFMAN: Okay. So that's that section. What I'm looking at here, overall, from 5,000 feet, that there was a -- in 2019 there were no permits granted, and work was done. Is that at the 5,000-foot level of this? MR. SHORT: The case actually started in 2018, and the permit was applied for July of 2018. CHAIRMAN KAUFMAN: Okay. At the time it was brought before the Code Enforcement Board, was there a permit? MS. BOWMAN: I feel like we need to decide if we're going to hear the case or not before we get into the details. CHAIRMAN KAUFMAN: I don't want to get into the details. I just want to find out whether or not there was a permit then. That's the whole basis for everything. MR. SHORT: Yes, there would have been a permit. It must have been in expired status is why we brought it forward, but there was a permit applied for. CHAIRMAN KAUFMAN: Okay. So that's why the case was heard; that's why fines were imposed. MR. SHORT: I'd really like you to decide before I elaborate on the information. CHAIRMAN KAUFMAN: Okay. That's fine. So any comments/questions from the Board? MR. BLANCO: Make a motion to accept the county's request for a rehearing. MR. SHORT: Mr. Chairman, to be clear, it's the respondent's November 20, 2020 Page 10 motion. MR. BLANCO: Oh, the respondent's motion. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: The respondent -- respondents don't make motions. We make them. So if you are requesting that we rehear this, then you make the motions. MR. BLANCO: Yes. I make a motion to rehear the case based on the supposed evidence that the respondent is going to present. MR. ORTEGA: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. So it passes 3-1. MR. SHORT: Okay. I'd like to start by just giving you a timeline of how this all transpired. So the Code Enforcement case was open April 27th, 2018. We served our notice of violation May 15th, 2018. That permit was applied for July 10th of 2018. The permit was issued July 31st, 2018, and that was to construct a 10-by-17 open hut using a concrete slab, columns, roof, electrical, and finish. And I use emphasis on "electrical." As we fast forward, we had -- we monitored that permit. We saw no forward movement since July of 2020 when we -- in July 2020 we had passing inspections. We saw that in our database; however, there was a few conditions: A compaction -- a compaction test and spot survey. To Code Enforcement Board's knowledge, November 20, 2020 Page 11 that's all that was required. We didn't see any movement on that, so we proceeded with the imposition. Little did we know that on October 9th -- your hearing was September 4th, but on October 9th, 2020, an incomplete condition notice was sent to the respondent, and that stated that a private-provider electrical inspection passed. Collier County saw all inspections passed; however, the electrical inspection said no electric, and that required a revision. So once the revision was obtained, that was on or around October 12th, and one inspection was called in. So on November 2nd, 2020, your certificate of completion was issued. And I have a revised executive summary if you'd like me to read this into the record. CHAIRMAN KAUFMAN: Well, I -- what happened physically from 2019 to 2021? MR. SHORT: I'll let the respondent speak to that. MR. BASS: Mr. Chairman -- CHAIRMAN KAUFMAN: Yes. MR. BASS: -- there was a permit applied for, had a private provider instead of -- that's where I don't know if you are aware of how that can work. A private provider can do the inspections for the contractor, because it required a contract. CHAIRMAN KAUFMAN: I'm familiar with that. MR. BASS: Okay. I just don't know that you are. So it was a private provider to do the inspections, had a contractor involved. The contractor is moving forward at whatever speed the contractor was moving forward to get -- this was an after-the-fact permit. So they've got to do some things and get some inspections done and things like that, and there were some issues about -- I think there were some issues about setbacks and stuff like that. And I believe it's for those reasons that we had a rather elongated timeline. November 20, 2020 Page 12 And the point of -- the point that we're making in the motion for rehearing on the imposition is this: That at the time that the Board had its meeting, that the owners had done everything they could possibly do to come into compliance, but at the time of the meeting, they were technically not in compliance because of the Building Department's -- Building Department came up with a couple things last minute such as a compaction test that had been previously done and then got misplaced, and they wanted another one to go for the file; that they had to do a plan revision even though all the inspection had been completed, had to do a plan revision to exclude electrical that had been originally in the building permit. So they had to do a plan revision, have that filed with the county -- with the Building Department. So from a technical standpoint, it was still not in compliance, but we had done everything we could possibly do to get it into compliance. As soon as those things were -- as soon as the contractor was alerted to those things, they were done within a matter of a few days, and the homeowners have been in compliance since, and that's what the -- I mean, that's what the Code Enforcement is telling you, that had this information been known at the time, they would not have moved forward or asked you to go ahead and impose a fine and sanctions. They would not have done that because we had done everything we could do, and it was just a matter of timing. CHAIRMAN KAUFMAN: And had you known, you never would have brought this before the Board? MR. SHORT: We would not have brought it back until it was fully in compliance. CHAIRMAN KAUFMAN: What's to stop the county from just withdrawing this? MS. BOWMAN: Nothing. MR. SHORT: You have an order with accrued fines, and those November 20, 2020 Page 13 need to be addressed. MR. LETOURNEAU: Yeah. I think at this point they want to backtrack because, obviously, the respondent had done everything they needed to do that they knew of at that point. They want to go back before the imposition was held and redo the imposition at this point by being in compliance at this point and then probably ask for some type of waiver of fines, I believe. CHAIRMAN KAUFMAN: Okay. So we're rehearing, basically, the imposition of fines. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: Herminio, I ask you, my resident expert on permits, et cetera, does this make sense to you? MR. ORTEGA: No. This information that someone wasn't aware of, what was that exactly, a compaction test? MR. SHORT: No. What Code Enforcement was not aware of was the revision requirement. They -- back in July they submitted all their permits through a private provider. The electrical permit said no electric -- MR. ORTEGA: I mean, the building permit said -- MR. SHORT: The original application said electric, and then -- so the county required a revision to the permit stating there was no electric and then to have that inspection confirming no electric. MR. ORTEGA: And that was done a couple days after that? MR. SHORT: That wasn't done until October -- around October 9th. We had our -- you had your hearing September 24th. So from July till October 9th, I didn't even know that was going to be a requirement, and I work for the county. MR. ORTEGA: I'm sorry to ask this question, but this structure, what was this structure about again? MR. SHORT: It's an open hut. No electric. No safety issue. November 20, 2020 Page 14 As you know, we strive for compliance, and we're there. MR. ORTEGA: Okay. MR. BASS: Just for -- if I could, for your edification, the compliance, the -- let me say it this way. The letter -- the revision letter that is the letter by the county from the Building Department saying you've got to have a plan revision, that was done October the 9th, as I understand the record, and then we -- and it was filed -- the revision was done and filed three days later on the 12th. MR. ORTEGA: Okay. I have no issues with it. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'd like to also point out that all the main inspections were done by the private provider in July; I thi nk he might have said that. So it was just technicalities they were waiting on to actually get this permit finaled at this point. And like we said, we didn't really know about the revision and the compaction test. So I'm the one that usually schedules these for a hearing when I think that something's been stalled and they're not moving along, so we just bring it to the imposition. If I would have known that this was going on at this point, I would have never, in the original October hearing, brought this forth before you guys. CHAIRMAN KAUFMAN: Okay. MR. BASS: And a certificate of completion has been issued by the county. It's in the file. CHAIRMAN KAUFMAN: Okay. MR. WHITE: So, Mr. Chairman, Mr. White, your attorney here. From a legal perspective under the element of contrary to the evidence, I believe that what you're hearing today is information as evidence that is, in a sense, contrary to what was presented in the September 24th hearing. CHAIRMAN KAUFMAN: Okay. Which would enable it to November 20, 2020 Page 15 be reheard which is, in essence, what we just did. MR. WHITE: Well, it would enable you to issue an order, according to whatever the Board may desire, based on the rehearing. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. White -- oh, excuse me, Mr. Chairman. At this point, wouldn't it make more sense for the Board to rescind the imposition of fines order and just let the county bring this item back again at -- whenever they decide to do it? MR. WHITE: Well, in order to comply with the timing in the rules, the motion for rehearing, I believe, had to be filed. MR. BLANCO: Okay. MR. WHITE: As a matter of process, I believe that would be an alternative way to proceed. But certainly under the notion that you've had different evidence presented here at the rehearing, you're in a position to alter, if you will, completely your prior order to whatever it is that the Board may decide is appropriate today based on the evidence presented today. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: One last final thought. I understand the revision to the scope regarding the electrical technicality, but how does the compaction test become a technicality? MR. SHORT: Well, the compaction test was submitted shortly after July. Actually, I don't have that information. But, no, the compaction test was a condition, and so was the spot survey. MR. ORTEGA: Okay. So it was a known, okay. CHAIRMAN KAUFMAN: Was that -- MR. SHORT: That was known. CHAIRMAN KAUFMAN: That was back in 2018, 2019? MR. SHORT: No, that was known -- MR. ORTEGA: That would have -- CHAIRMAN KAUFMAN: Yeah. November 20, 2020 Page 16 MR. LETOURNEAU: Was it misplaced at one point, is that what you stated earlier? MR. SHORT: I didn't state that, and I'm not aware. MR. BASS: That was information that was -- the reason why it had to have another compaction test, not done, but just -- the certificate had to be resubmitted. MR. ORTEGA: Because the paperwork was lost. MR. BASS: That's correct. MR. ORTEGA: It happens. MR. BASS: And so for those reasons, that's why we're asking for the Board to rehear and find that there is -- was compliance timely and to rescind the imposition of fines and additional operational costs. MS. BOWMAN: Do we need to hear the whole thing over, or do we -- MR. WHITE: I believe, Mr. Chairman, the more correct thing -- and I don't mean to correct Mr. Bass, but I think from a procedural perspective, rather than rescinding, what you're doing is issuing a new order. MR. BASS: Bad choice of words; sorry. MR. WHITE: I just didn't want to cross wires. CHAIRMAN KAUFMAN: That new order would be written today, or would be written -- MR. WHITE: Yes. CHAIRMAN KAUFMAN: -- at a subsequent meeting? MR. WHITE: Well, based on what your -- what the Board decides today, I will write the order accordingly. For example, if the Board found based on this evidence presented today that the fines could be waived, as is requested -- not rescinded, waived -- MR. BASS: Correct. MR. WHITE: -- along with the costs, then that's the way the November 20, 2020 Page 17 order would come forward, making reference to the prior order, or series of orders, but making it clear when you read today's order that the circumstances were such as the Board decided. And I am only offering a hypothetical. I'm not trying to predetermine how you'll vote. CHAIRMAN KAUFMAN: Okay. Do you want to go back to what you originally said about what you would like to do? MR. BLANCO: Yeah. I would concur with our attorney here to just kind of change or amend the imposition of fines order instead of just rescinding the order. CHAIRMAN KAUFMAN: So you're making a motion to -- MR. BLANCO: Yes. I make a motion to amend the imposition of fines order issued on September 24th, 2020. CHAIRMAN KAUFMAN: Okay. And the rewriting of that order should contain language that abates the fine? MR. SHORT: Mr. Chair, before you make a motion, may I read the revised executive summary into the record? CHAIRMAN KAUFMAN: Sure. Can you show it up on the -- well, go ahead. Just read it. MR. LETOURNEAU: I don't think I have it, Eric. MR. SHORT: This is in regards to violations of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), and the Florida Building Code 5th Edition, Section 105.1. The location was 9512 Chelford Court, Naples, Florida. Folio 80221880003, alterations and additions commenced prior to obtaining a required Collier County permit. Your past orders: On April 26th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See attached order of the Board November 20, 2020 Page 18 OR5629, Page 3157, for more information. I'm going to leave out your September 24th imposition hearing. This violation has been abated as of November 2nd, 2020. Fines and cost to date are as follows: Fines had accrued at a rate of $200 per day for the period from July 26th, 2019, to November 2nd, 2020, 466 days, for a total fine amount of 93,000 -- $93,200. Previously assessed operational costs of 59.49 have been paid. And, again, I'm going to go over those previous operational costs that were not paid and go to today's hearing of $59.56, for your total fine amount of 93,000, and that's going to be minus your 59.28 there. CHAIRMAN KAUFMAN: 93,318.84 minus... MR. SHORT: 59.28. CHAIRMAN KAUFMAN: Okay. Now, Danny, if you want, you can make a motion to abate or to bring it back; whatever you like. MR. BLANCO: At this point I'll make a motion to abate the fines with the condition that the respondent pays the operational costs for today's hearing. CHAIRMAN KAUFMAN: Okay. Which is 59.56. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. That's your motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. MR. WHITE: Mr. Chairman, on the question -- sorry, again, to interrupt. Mr. White here. I believe that the way the order would come forth would be that the September 24th order would be withdrawn and replaced by the motion and second that you're about to vote on. That would, I believe, be the cleanest and most precise way to proceed, and I would ask that the first -- that the motion November 20, 2020 Page 19 maker and second would agree that that's the form of their motion. MR. BLANCO: I agree. CHAIRMAN KAUFMAN: So you want to specify that on that order, that the 24th is withdrawn. MR. WHITE: Correct, and replaced by the order of today as has been so moved and second, and I'd ask the first and second to agree. MR. BLANCO: I agree. MS. BOWMAN: I agree. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: They both agree. Okay. MR. WHITE: Yes, sir. MS. BOWMAN: I agree. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Excuse me? MR. ORTEGA: Just for clarity purposes, did you mention the 5th Florida -- the 5th Edition or 6th Edition? MR. SHORT: Yes. At the time that this was cited it was the 6th Edition -- 5th Edition. MR. ORTEGA: This was 2018? MR. SHORT: Yes. MR. ORTEGA: That would have been the 6th Edition, I believe. MR. SHORT: Actually, that section does not apply to what was heard at the hearing because that was in regards to a fence that was corrected before we came to a hearing. CHAIRMAN KAUFMAN: You okay with that, Herminio? MR. ORTEGA: Uh-huh. CHAIRMAN KAUFMAN: Let me call that vote again. All November 20, 2020 Page 20 those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Okay. It passes unanimously. MR. BASS: Thank you. MS. GONZALEZ: Our next case is under B motions, motion for extension of time, Item No. 1, Case No. CESD20200000524, Jones Napoleon. CHAIRMAN KAUFMAN: Do we have a letter on that? MS. GONZALEZ: I left it there for you. CHAIRMAN KAUFMAN: Is that the one that's difficult to read? MS. GONZALEZ: And we have it up on the -- CHAIRMAN KAUFMAN: Yeah, this one. MS. GONZALEZ: Yes. CHAIRMAN KAUFMAN: Could you read this into the record for me, please. MS. GONZALEZ: Sure. CHAIRMAN KAUFMAN: I see it. This is Jones -- I guess that's his name. MS. GONZALEZ: This is Jones Napoleon. I am very busy, not this month -- at this moment I ask about two months extension to do something -- MR. LETOURNEAU: About it. MS. GONZALEZ: -- about it. Thank you. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. November 20, 2020 Page 21 Maybe I can summarize. This gentleman, English is his second language. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: But he works for NCH, and he basically -- that's why he needs more time. He's obviously very busy, and he just said -- he was going to try to permit it. It's a gazebo, but it was going to be too costly for him to permit with everything that they were requiring, so he's just going to take it down. So that's basically what he's asking for is a couple months to take it down. CHAIRMAN KAUFMAN: Okay. The -- the only part that I have a problem with is I would be willing to grant the continuance rather than -- what's he asking for? MR. LETOURNEAU: Extension. MS. BOWMAN: Extension. CHAIRMAN KAUFMAN: Extension. The continuance, everything continues to accrue, et cetera, et cetera. MR. MUCHA: Okay. CHAIRMAN KAUFMAN: So I'd be willing to go that way. This is a -- he's pulling a demo permit to take something down. MR. MUCHA: I don't think he'll need a demo permit for this. It's one of those gazebos you buy from, like, Target. I mean, it's a little bit nicer than the cheaper ones, but he's just going to take it down. CHAIRMAN KAUFMAN: Okay. We have no meeting in December, so this would come back in January anyhow. MR. MUCHA: Yes. CHAIRMAN KAUFMAN: Okay. Someone want to make a motion to grant a continuance on this? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: I made it. It's seconded. All November 20, 2020 Page 22 those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MUCHA: Okay. CHAIRMAN KAUFMAN: Okay, Joe. We're going to start with the stipulations. MS. GONZALEZ: Yes. Our first one is Item No. 8, Case CESD20170006435, Midland IRA, Scott Toth IRA. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. CHAIRMAN KAUFMAN: Mr. White? MR. WHITE: Yes, Mr. Chairman. CHAIRMAN KAUFMAN: On this, Herminio has asked that he possibly be recused on that. Does that -- that will give us three votes -- a possibility of three votes. So unless it ends in a tie, I think that should be sufficient? MR. WHITE: I assume what you're saying is that he's going to ask to -- CHAIRMAN KAUFMAN: Be recused on the vote on this item. MR. WHITE: Essentially, a Form 8B due to a perceived or actual conflict of interest. CHAIRMAN KAUFMAN: Yeah, he can sign that after we get finished with this. MR. WHITE: Could we just state on the record what the grounds for that would be so the -- November 20, 2020 Page 23 MR. ORTEGA: Business involvement. MR. WHITE: I'm sorry? MR. ORTEGA: Business involvement. MR. WHITE: You've worked for him? Are you working for him? MR. ORTEGA: Well, the contractor, actually; for both. MR. WHITE: You've worked for the contractor but not on this matter? MR. ORTEGA: On this matter. MR. WHITE: On this matter. MR. ORTEGA: (Witness nods head.) MR. WHITE: Okay. So you have a pecuniary interest, to so speak? MR. ORTEGA: Correct. MR. WHITE: You are entitled, of course, to participate in the decision to the extent that you have any fact ual information you can share; however, you are -- at this point, based on the disclosure, I believe it wouldn't be appropriate for you to vote. But I do believe that as long as a majority of the remaining members find -- CHAIRMAN KAUFMAN: Vote in the affirmative, everything will be fine. MR. WHITE: Yes, ma'am -- yes, sir. Excuse me. CHAIRMAN KAUFMAN: Okay. So wheel yourself back, and I can see Danny. Okay. MR. WHITE: You do not need to leave the dais. CHAIRMAN KAUFMAN: You can stay here. MR. ORTEGA: I have to. CHAIRMAN KAUFMAN: He has to, though. He's probably going to go in some small room back there and contemplate his navel or whatever. Okay. MR. WHITE: Mr. Chairman? November 20, 2020 Page 24 CHAIRMAN KAUFMAN: Yes. MR. WHITE: I apologize, but I believe that it may be appropriate to just take a brief recess until he returns. You have to have a quorum. CHAIRMAN KAUFMAN: We have to have a quorum here. MR. WHITE: Yes. CHAIRMAN KAUFMAN: Okay. Why don't we take -- this is your normal break time, Terri. THE COURT REPORTER: Whenever he comes back. CHAIRMAN KAUFMAN: Okay. Whenever he comes back. We're going to be taking a five-minute break till 36 or 37 past the hour. MR. WHITE: Thank you, Mr. Chairman. (A brief recess was had from 10:30 a.m. to 10:38 a.m.) CHAIRMAN KAUFMAN: We're going to bring the Code Enforcement Board back to order. Sherry, if you want to read the stip into the record. MS. PATTERSON: Okay. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for remodeling improvements, to include electrical and plumbing, made to the kitchen and the bathrooms without required Collier County building permits within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; November 20, 2020 Page 25 Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion to accept the stipulation as written? MS. BOWMAN: I make a motion to accept the stipulation. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: (No verbal response.) CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (Abstains.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Sherry. MS. PATTERSON: Thank you. MS. GONZALEZ: Next stipulation Item No. 17, Case No. CENA20200009332, Laura Anzualda. (The speaker was duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: I do. CHAIRMAN KAUFMAN: Good morning. MS. RODRIGUEZ: Good morning. For the record, Maria Rodriguez, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; that the Code Enforcement Board issues a finding of fact that the respondent was in violation of the referenced code/ordinances at the time, and a notice November 20, 2020 Page 26 of violation was issued for the repeat litter/outside storage violation; that the Code Enforcement Board impose a civil penalty of $250 for this being a repeat violation. CHAIRMAN KAUFMAN: Okay. Has it been cleaned up since? MS. RODRIGUEZ: It has. CHAIRMAN KAUFMAN: Okay. Someone like to make motion? MS. BOWMAN: Make a motion to -- CHAIRMAN KAUFMAN: Accept the stip. MS. BOWMAN: -- accept the stipulation. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: Since this was a second, just to point out a second violation, that's why there's a civil penalty on it. MS. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Thank you. MS. GONZALEZ: Next, Item No. 19, Case CESD20200004952, All Building and Maintenance, LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. November 20, 2020 Page 27 CHAIRMAN KAUFMAN: Okay. Joe, do you want read it into the record? MR. MUCHA: Yes, sir. For the record, Joe Mucha, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by: Obtain all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the renovations/alterations including, but not limited to, drywall, kitchen cabinets, and windows within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. No other information on this? MR. MUCHA: We're in touch with the contractor. He's applied for a permit. It's in rejected status, so he's working on the corrections. But I think everything should move along. CHAIRMAN KAUFMAN: Okay. Could I get a motion from the Board? MR. ORTEGA: I'll make a motion to accept the stipulation as is. November 20, 2020 Page 28 MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. MR. LETOURNEAU: Hey, Mr. Chairman. Before we go on, could we go back to the last case when we got the $250 civil penalty. I don't believe there was a timeline on how -- how long that had to be paid. CHAIRMAN KAUFMAN: I thought it was 30 days. MR. LETOURNEAU: I don't think it was actually on the stipulation, though, I don't -- CHAIRMAN KAUFMAN: Okay. Who made that -- I think you did. MR. LETOURNEAU: Let me put it back up on the -- see how it says that the Code Enforcement Board imposed a civil penalty of $250 for this being a repeat violation? It doesn't give a timeline as far as when that needs to be paid. CHAIRMAN KAUFMAN: Okay. Will the motion maker -- MR. WHITE: As to the form of the motion -- this is Mr. White, Mr. Chairman -- I would simply say that it would be a motion to reconsider and add a 30-day time frame to the payment of this civil penalty. CHAIRMAN KAUFMAN: Okay. November 20, 2020 Page 29 MR. WHITE: It kills both the procedural and substantive issues in the same motion. MS. BOWMAN: So make a motion to amend the previous ruling to add a 30-day time frame for payment -- CHAIRMAN KAUFMAN: Yes. MS. BOWMAN: -- or for -- right? CHAIRMAN KAUFMAN: Mr. White? MR. WHITE: I understand the intent, assuming it's seconded and voted on. CHAIRMAN KAUFMAN: Okay. It's seconded. (Simultaneous crosstalk.) MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Thank you. MR. ORTEGA: Can we see the stipulations on this screen? CHAIRMAN KAUFMAN: Move your chair over. MR. LETOURNEAU: This isn't coming up on your screen? MS. BOWMAN: We have it in between. CHAIRMAN KAUFMAN: Yes, so we slide back and forth. Next stipulation is? MS. GONZALEZ: It is Item No. 2, Case No. CEPM20190010449, Maria Del Socorro Alvarado. (The speaker was duly sworn and indicated in the affirmative.) MR. LOPEZ-SILVERO: I do. November 20, 2020 Page 30 CHAIRMAN KAUFMAN: Okay. Steven, you want to read it into the record for us? MR. LOPEZ-SILVERO: Yes, sir. Good morning. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. Therefore, it is agreed between the parties 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 obtaining all required Collier County building permit or demolition permit, inspections, and certificate of completion and/or occupancy for the unsecured vacant dwelling with mildew growth on the exterior walls and wooden steps and/or ramp in dilapidated condition; need to bring the property into compliance within the requirements of the Collier County property maintenance code within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, alternatively, if a boarding certificate is obtained and the structure's boarded within seven days of this hearing, then the time required to complete the repairs, inspections, and certificate of completion and/or occupancy will be extended -- will be extended to and must be completed within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Number 4, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to complete compliance -- correction -- to confirm compliance. Number 5, 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. November 20, 2020 Page 31 CHAIRMAN KAUFMAN: Okay. This is obviously a safety concern. Are there children that live near this? MR. LOPEZ-SILVERO: Not that I -- that I'm aware of, sir. CHAIRMAN KAUFMAN: Because it's unsecured. Okay. But the stipulation calls for seven days; that it either gets boarded up or secured in some fashion. MR. LOPEZ-SILVERO: Yes. CHAIRMAN KAUFMAN: Is that correct? MR. LOPEZ-SILVERO: Yes, sir, either a boarding -- boarding certificate within seven days or demolition permit. The home's currently a mobile home, and it's contracted -- or a licensed contractor has been hired to replace it. So it will be demolished soon. CHAIRMAN KAUFMAN: So they're going to tow it away or whatever? MR. LOPEZ-SILVERO: Exactly. CHAIRMAN KAUFMAN: So seven days is reasonable? MR. LOPEZ-SILVERO: For the boarding certificate, yes, or the permit within 120 days. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: And currently there's no -- no running water or power or anything like that there. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: It's currently unoccupied. MR. ORTEGA: Why 180 days? MR. LOPEZ-SILVERO: Because our boarding certificates are valid for that amount of time of six months. MR. LETOURNEAU: Well, Part 1 says 120 days -- if they make the decision to get a boarding certificate within seven days, tha t buys them the length of the original boarding certificate, which is 180 days on that. So they're getting an extra 60 days if they choose to November 20, 2020 Page 32 board it up first. I doubt they're going to do it in this case, but that's our standard language on giving them the opportunity to get a boarding certificate. CHAIRMAN KAUFMAN: Okay. No problem. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MR. ORTEGA: I'll make a motion to accept the stipulation. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Steven. MR. LOPEZ-SILVERO: Thank you. MS. GONZALEZ: Next stipulation, Item No. 9, Case No. CEPM20200004824, Matthew and Jennifer Smith. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. Good morning. CHAIRMAN KAUFMAN: Good morning, Bradley. MR. HOLMES: For the record, Bradley Holmes Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in November 20, 2020 Page 33 the prosecution of this case within 30 days of this hearing; Two, obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion to either replace -- or repair/replace all damaged and/or missing screen panels to the screen enclosure or to remove the pool and screen enclosure within 30 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: This is one of those cases where we consider it's no different than not having a safety fence around a pool? MR. HOLMES: In this situation, the property owner has replaced screening adequately to a point where it would be like having a safety -- like a safety fence around the pool. CHAIRMAN KAUFMAN: That's why you gave him 30 days? MR. HOLMES: Right, exactly. It's safe at this point. MR. ORTEGA: But is it right language to remove the pool and screen enclosure? MR. HOLMES: He's going to be -- he's in the process right now of demoing the house pool and enclosure, so that's the reason why. CHAIRMAN KAUFMAN: Does he have a permit on that, by the way? MR. HOLMES: Not yet in our system, but shortly. November 20, 2020 Page 34 CHAIRMAN KAUFMAN: You'll be keeping an eye out? MR. HOLMES: Absolutely. He's expecting to be pretty prompt with it, so... CHAIRMAN KAUFMAN: Terrific. Anybody want to make a motion? MS. BOWMAN: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. BLANCO: I'll second it. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Bradley. MR. HOLMES: Thank you. MS. GONZALEZ: Next stipulation, Item No. 14, Case No. CESD20200000495, Julio and Milagros Aleman. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read it in? MR. MUCHA: For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; November 20, 2020 Page 35 Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the aluminum overhang within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. No safety and health on this one? MR. MUCHA: No, sir. It's just the porch. And they've applied for a permit. It's in rejected status, but we've put them in touch with Renald Paul. So I assume everything will move along now. CHAIRMAN KAUFMAN: Okay. Someone want to make a motion on this? MR. ORTEGA: I'll make a motion to accept the stipulation as stated. CHAIRMAN KAUFMAN: We have a motion -- MR. BLANCO: Second. CHAIRMAN KAUFMAN: -- and a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. November 20, 2020 Page 36 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thanks, Joe. MS. GONZALEZ: Next stipulation, Item No. 4, Case CESD20190013491, Larry R. Davis. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: Good morning, Eric. MR. SHORT: Good morning. CHAIRMAN KAUFMAN: Do you want to read this one into the record for us? MR. SHORT: Yes. For the record, Supervisor Eric Short with Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; and, Two, abate all violations by obtaining all required Collier County building permanent or demolition permit, inspections, and certificate of completion or occupancy for interior and exterior renovations and electrical work without required permits, inspections, and certificate of completion within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Four [sic], the respondent must contact -- must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. And, finally, 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 November 20, 2020 Page 37 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: Thank you. Was this one that was referred by contractor's licensing? MR. SHORT: It was, and then we had ongoing insurance litigate. I talked to the attorney, Daniel Gross, out of the Coral Gables, Florida, and we're on the right track to get compliance. He believes within that 120 days. MR. ORTEGA: Did he apply for the permit? MR. SHORT: No. The permit is -- actually, I take that back. A permit was applied for when the contractor was involved. That contractor's been removed, so that permit is currently in an abandoned status. CHAIRMAN KAUFMAN: Okay. Motion from the Board? MR. BLANCO: Make a motion to accept the stipulation as presented. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and second. All in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SHORT: Thank you. MS. GONZALEZ: Final stipulation, Item No. 15, Case No. CESD20200000511, Guillermo Garcia and Sara Rojas De Garcia. CHAIRMAN KAUFMAN: William, I don't think I've seen you before us before. Is this your first? November 20, 2020 Page 38 MR. MARCHAND: It is not. CHAIRMAN KAUFMAN: It's not? MR. MARCHAND: It's been a while. CHAIRMAN KAUFMAN: It's probably my memory. Do you want read the stipulation into the record for us. (Maria Ramos, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) MS. RAMOS: I do. (The speakers were duly sworn and indicated in the affirmative.) MR. MARCHAND: I do. MR. GARCIA: I do. MS. GARCIA: I do. What is your name? THE COURT REPORTER: MS. RAMOS: My name is Maria Ramos. MR. MARCHAND: For the record, William Marchand, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits, demolition permits, and request all inspections through certificate of completion/occupancy for the unpermitted shed within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of this 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 November 20, 2020 Page 39 violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This is a shed that's on the property that wasn't permitted; is that -- MR. MARCHAND: Correct. CHAIRMAN KAUFMAN: Okay. Maria? MS. RAMOS: Yes. We're going to be working towards getting all corrections made once we receive the email for what we have to follow-up with, and I will be assisting them in getting those paperworks or whatever it is that they need to do. CHAIRMAN KAUFMAN: So you're going to try to get the permit to have it stay there, not remove it? MS. RAMOS: Not remove it, but proper permitting for it to remain on site. CHAIRMAN KAUFMAN: Okay. And you have sufficient time to do that? MS. RAMOS: I believe so. MR. GARCIA: (Through interpreter) Yes. CHAIRMAN KAUFMAN: That part I understood. CHAIRMAN KAUFMAN: Okay. Any motion from the Board. MR. ORTEGA: Is this just a shed? No electric -- MR. MARCHAND: No, it's just a plain out shed. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Make a motion to accept the stipulation as you written. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. November 20, 2020 Page 40 CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MS. RAMOS: Thank you. MR. MARCHAND: Thank you. MS. GARCIA: Thank you. MS. GONZALEZ: Mr. Chairman, if we may call a case out of the order. It's due to medical reasons. The respondent has a medical appointment to go to, and it would be item No. 11 under imposition of fines and lien. CHAIRMAN KAUFMAN: That is not a problem. We need a motion from the Board to modify the agenda. MS. BOWMAN: Make a motion to modify the agenda to accept the modification. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GONZALEZ: Thank you. Case No. -- it's Item No. 11 under imposition of fines. Case No. CESD20190011752, Roseanne Leising Hogle and Charles Leising. (The speakers were duly sworn and indicated in the affirmative.) November 20, 2020 Page 41 MS. LEISING: Yes, I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. You're up first, Joe. MR. MUCHA: Do you want me to read the imposition, or do you want her to make her request? CHAIRMAN KAUFMAN: Well, this is -- this is a hearing, isn't it? MR. MUCHA: No, no. This is for an imposition. CHAIRMAN KAUFMAN: Oh, this is -- I'm sorry. I'm on the wrong 11. MR. MUCHA: So, basically, the good news is she had two permits that were kind of hanging out there rejected. She's submitted the corrections. The two permits are now issued, but she just needs some more time. CHAIRMAN KAUFMAN: Okay. She's looking for a continuance. How much time do you need? MS. LEISING: I'm hoping less than 60 days. I didn't -- actually, what had happened was I never received paperwork from the county until two weeks ago, so that's why. I was waiting to hear about the permits, and I never received anything until I received a notice for this. So immediately I went down the following Monday, did everything that needed to be taken care, and yesterday they approved everything. Everything's paid for. CHAIRMAN KAUFMAN: Okay. Well, since it's Christmastime and we don't meet in December, there's a special sale. You get two months. MS. LEISING: Thank you very much. CHAIRMAN KAUFMAN: Okay. Someone want to make a motion that we grant a continuance for 60 days? MS. BOWMAN: Make a motion to grant the continuance for 60 days. November 20, 2020 Page 42 CHAIRMAN KAUFMAN: Seconded. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. LEISING: Thank you. And I want to thank all of you. I did not realize that you were volunteers. Thank you very much for doing this job. CHAIRMAN KAUFMAN: Are you telling me that we're not getting paid? MS. LEISING: He's said you weren't. MS. BOWMAN: You said we were getting double pay today. MS. LEISING: So -- I've lived here for 28 years. I was unaware of that. You have a hard job, so thank you very much. CHAIRMAN KAUFMAN: Thank you. MS. LEISING: All right. Thank you. MS. GONZALEZ: And we have counsel here for Item No. 13 under imposition of fines, Case No. CELU20160010501, Anthony Piccirilli Estate. And this is under imposition. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: Give me a minute to pull out the right case. MS. BOWMAN: There are a lot of big ones today. CHAIRMAN KAUFMAN: I noticed. MS. BOWMAN: Wow. November 20, 2020 Page 43 CHAIRMAN KAUFMAN: And, naturally, it will be the last one. MS. BOWMAN: Second to last. CHAIRMAN KAUFMAN: For me it's the last. If you give me a second. We don't have to swear you in. Do you want to say anything first, Eric, or -- MR. SHORT: I'll let Mr. Muller go first. CHAIRMAN KAUFMAN: This was unpermitted alterations to the carport structure resulting in residential use of industrial zoned property. MR. MULLER: Yes. Good morning. My name is Mark Muller. I represent the Estate of Anthony Piccirilli. I'll give you a little bit of background, because this goes back many years. This was a two-story metal building carport style that was built in 1991. So it's a metal building. Open first floor, and the second floor has metal siding on all four sides with a metal roof. It has a metal joist floor system and then plywood on that so that you have a second floor that you can actually put stuff in. After it was constructed probably in the early to mid '90s, that second floor was built out, in essence, as a house: Wall partitions, bathrooms, kitchens, air conditioning, electrical service, plumbing service. There were two staircases that went up into that second floor. One into a double door; one into a single door. Window openings. It was there for -- you know, from the mid '90s to when Code Enforcement cited it in late 2016. CHAIRMAN KAUFMAN: So I can assume there was no permit pulled to do that work. MR. MULLER: None. CHAIRMAN KAUFMAN: Okay. MR. MULLER: None. And at that time Mr. Piccirilli had died, and so the property was in his estate. The sole beneficiary of November 20, 2020 Page 44 his estate at the time was his son, Rocky Piccirilli, who's actually here today. Once the estate was cited for that unpermitted work, we cleared everybody out of that second floor. So it's been locked down and not used. So to the extent that we were out of compliance for actually utilizing that space, we were in compliance immediately after we were cited. CHAIRMAN KAUFMAN: So there's no safety issue? MR. MULLER: No safety issues whatsoever. So we had an agreement to abate by April of 2017. The problem has been, and continued to be, a lack of funds in the estate. The estate didn't have any assets other than the building, and we didn't have enough money to be able to hire an architect to get the plans done; hire a contractor to get the work done. Right after we had the hearing in early 2017, we had two years' worth of unpaid real estate taxes on the building where tax certificates have been sold, and they presented the tax certificates. And so either we lose the building or we pay $6,000 in back due taxes. We had $7,000 saved up to be able to do this work. We had to pay the 6,000 to the taxes to save the building. We then had Irma hit in September of 2017, and that sort of put us back in how we were trying to get everything done. By the time we get to 2018, we had money built up. And I'm the attorney for the estate. So -- and I also do construction law. So I pulled a few favors, got David Corbin, who's an architect and a friend of mine, to agree to do the architectural plans. I got a client of mine, Brian Elliot from Naples Custom Builder, to agree to do the demolition work. We went and had a meeting with the county, not just Code Enforcement, but with Jonathan Walsh, the Chief Building Official, because once we started looking at the building on what we had to do November 20, 2020 Page 45 to get compliance, not just the technical compliance with what we were being cited for but how do we get the building into compliance, we sort of opened up a can of worms. Turns out that the first floor had been partially closed in with some exterior walls and partitions. None of that had been permitted. There was a question as to whether or not the second floor decking had been in the original permitted plans or not. And then we had to have a certain amount of electrical service in that building for safety lighting and other things like that. So we worked through that process. We actually had to have an engineer reverse engineer the loads on the second floor. We had to build an electrical system on drawings, engineer drawings, had to do the architectural drawings for the demo, but in addition to that, we had to close in all these doors and windows that had been put in the second floor metal siding that weren't permitted. So there's a certain amount of structural work that had to be done on that, and we had to actually fabricate -- have somebody fabricate the metal siding which was no longer available that, you know, matched the existing stuff. So we were able to get all that permitted and -- well, applied for a permit. CHAIRMAN KAUFMAN: Let me stop you for a second. The most important line that I'm reading here is that the violation has been abated. That's very important. MR. MULLER: We worked as hard as we could. We -- it ended up costing about $30,000 between the architectural fees and all of the contractor fees to get everything taken care of. And we had everything completed in November of '19. We just didn't have the last $5,000 to pay the contractor. And he said, well, no final payment, no final inspection. So we finally built up enough money to be able to pay the contractor several weeks ago, and that got our final inspection. And so we actually do have a certificate of November 20, 2020 Page 46 completion. We're in complete compliance with the building, not just the second floor, but the first floor, the electrical system, and everything else. So what we are asking the Board to do is waive the fines. They are significant, because it's been a long time. But we have tried diligently with the funds that we've had to get final compliance. And just as an aside, the PR of the estate is Dan Kerchoff. He's a friend of mine. That's how I got involved in this. I've not been paid a dime. CHAIRMAN KAUFMAN: You know, we're in a similar situation. Neither have I. MS. BOWMAN: So -- CHAIRMAN KAUFMAN: So one quick -- Joe -- Joe. Eric, do you have any problem with this situation? MR. SHORT: For the record, Supervisor Eric Short. Not Joe. I'm a little better looking. CHAIRMAN KAUFMAN: And modest. MR. SHORT: I have no -- the county has no objection to the request. MS. BOWMAN: I want to make a motion to accept the -- CHAIRMAN KAUFMAN: Deny. MS. BOWMAN: No. Deny the county of its request for -- CHAIRMAN KAUFMAN: Fines. MS. BOWMAN: -- the accrued fines. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. November 20, 2020 Page 47 CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MULLER: Thank you. CHAIRMAN KAUFMAN: Very good. Maybe out of this fine, you can get maybe get 10, $12, you know. Good luck. MS. GONZALEZ: Okay. We're still calling the cases now under old business, motion for imposition of fines. Item No. 2, CEPM20190014944, Daniel and Sandra Tripp. (The speakers were duly sworn and indicated in the affirmative.) MR. TRIPP: I do. MR. SHORT: I do. CHAIRMAN KAUFMAN: Now, which case is this? This is an imposition of fines? MS. GONZALEZ: This is, yes, under imposition of fines Item No. 2. CHAIRMAN KAUFMAN: Item No. 2, okay. Okay. We've got it. Okay. MR. SHORT: Good morning. For the record, Supervisor Eric Short, Collier County Code Enforcement Board. This is another imposition we had that is in compliance. I'll just go through it briefly. Your past orders: On February 27th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR Book 5758, Page 2565, for more information. The violation has been abated as of November 12th, 2020. November 20, 2020 Page 48 And your fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period of April 28th, 2020, to November 12th, 2020, 199 days, for a total fine amount of $39,800. Your previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.28, for a total amount of $39,859.28. And, again, this property is in compliance, and I believe Mr. Tripp has a request. MR. TRIPP: I'm requesting abatement on the fines and penalties. CHAIRMAN KAUFMAN: I read here that you abated the situation with a complete demo; is that correct? MR. TRIPP: Yes, sir. CHAIRMAN KAUFMAN: Okay. Okay. Anybody from the Board like to make a motion on this? MR. BLANCO: Make a motion to deny the county's request for imposition of fines. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. TRIPP: Thank you. Thank you. CHAIRMAN KAUFMAN: The building's gone. MR. TRIPP: Yep. November 20, 2020 Page 49 CHAIRMAN KAUFMAN: And so are the fines. MR. TRIPP: Yeah, thank you. MS. BOWMAN: Thank you. MS. GONZALEZ: Next is Item No. 4 under imposition of fines, Case CESD20160002752, James and Scottie Gadsden, as guardian. (The speakers were duly sworn and indicated in the affirmative.) MR. LOPEZ-SILVERO: I do. MR. GADSDEN: Yes. CHAIRMAN KAUFMAN: This is an oldie. Okay. Do you want to read this into the record for us, Steven? MR. LOPEZ-SILVERO: Yes, sir. On September 22nd, 2016, the Code Enforcement Board issued a finding of facts, 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, OR5318, Page 742, for more information. On April 28th, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5390, Page 3732, for more information. On October 27, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5446, Page 3540, for more information. On March 22nd, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5493, Page 3294, for more information. On June 27th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board under documents and images for more information. The violation has been abated as of October 22nd, 2020. Fines and costs to date are as follows: Fines have accrued at a November 20, 2020 Page 50 rate of $200 per day for the period from March 21st, 2017, to November 2nd, 2020, totaling 1,312 days, for a total fine amount of 2 thousand -- correction, $262,400. Previously assessed operational costs of $64.17 have been paid. Previously assessed operational costs of $59.77 have been paid as of this morning. Operational costs for today's hearing, $59.91. Total amount: $262,519.68. CHAIRMAN KAUFMAN: Okay. So the previously assessed operational costs that were listed on our paperwork of 59.77 "have not been paid" actually have been paid; is that correct? MR. LOPEZ-SILVERO: Yes, sir, as of this morning. CHAIRMAN KAUFMAN: Okay. Sir? MR. GADSDEN: Yes. CHAIRMAN KAUFMAN: You're here to ask us for something. MR. GADSDEN: Yes. I was going to ask all the liens and fines be waived. CHAIRMAN KAUFMAN: It took a long time to do this. MR. GADSDEN: Yes, it did. CHAIRMAN KAUFMAN: Can you state your name on the record for us. MR. GADSDEN: Scottie Gadsden. CHAIRMAN KAUFMAN: Okay, Scottie. MS. BOWMAN: All right. I'll make a motion to deny the county's request for -- to collect the fines. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. November 20, 2020 Page 51 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Merry Christmas. MR. GADSDEN: Thank you. Appreciate it. MS. BOWMAN: Thank you. CHAIRMAN KAUFMAN: I have the white beard; so do you. All we need is a hat. MS. BOWMAN: Ho, ho, ho. MS. GONZALEZ: Next case, Item No. 6, Case No. CESD20160011175, Maria Jimenez. CHAIRMAN KAUFMAN: Is this the better looking one? MR. MUCHA: I think so. Just my opinion. (Katia Consuegra, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) MS. CONSUEGRA: I do. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. JIMINEZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? You can bring it down. There we go. MS. JIMINEZ: Maria Jimenez. MS. CONSUEGRA: Katia Consuegra. CHAIRMAN KAUFMAN: Okay. Joe, you're on. MR. MUCHA: For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. I believe that they have a request they would like to make. CHAIRMAN KAUFMAN: Okay. This was a permitted lanai with a slab and trusses that was being converted into living space. Was it ever converted? November 20, 2020 Page 52 MR. MUCHA: Yes, yes. Everything was finally complete this year, actually. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Last month. CHAIRMAN KAUFMAN: October 9th. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. JIMINEZ: (Speaking Spanish. Not translated.) CHAIRMAN KAUFMAN: We have two members of the Board that understood you. MS. JIMINEZ: Yes. CHAIRMAN KAUFMAN: Am I right? MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Danny. I understood you to say that you wanted to have the fines abated; am I correct? MS. JIMINEZ: (Through interpreter) Correct. CHAIRMAN KAUFMAN: See that. And I didn't even know I could speak Spanish. MS. BOWMAN: I'll make a motion to deny the county imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. MR. ORTEGA: (Witness nods head.) CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 20, 2020 Page 53 THE INTERPRETER: Thank you. MS. JIMINEZ: Gracias. MS. GONZALEZ: Next item, No. 8, Case No. CESD20160015133, Esmerido Castro. CHAIRMAN KAUFMAN: Castro, is that correct? MS. GONZALEZ: Correct. (The speakers were duly sworn and indicated in the affirmative.) MR. CASTRO: I do. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. MR. CASTRO: My name is Esmerido Castro. Castro. CHAIRMAN KAUFMAN: I generally have the county read into the record what the case is, and then we will go to you for your request, okay? MR. CASTRO: Okay. MS. PEREZ: For the record, this is in reference to Case No. CESD20160015133. Violation: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 5260 21st Place Southwest, Naples, Florida; Folio 36378000007. Description: New interior door, a wall-mounted air-conditioning unit, partitioned walls, and plumbing fixtures installed or added to the existing attached garage on improved occupied residential property without obtaining a permit. Past orders: On March 23rd, 2017, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, November 20, 2020 Page 54 OR5377, Page 511, for more information. On February 22nd, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5485, Page 2803, for more information. On June 28th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5531, Page 3079, for more information. On February 28, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5607, Page 512, for more information. The violation has been abated as of October 23rd, 2020. Fines and costs to date are as follows: Part B, the fines have accrued at the rate of $200 per day for the period from July 22nd, 2017, to October 23rd, 2020, 1,190 days, for a total fine amount of $238,000. Previously assessed operational costs of 65.01 and $57.70 have been paid. Operational costs for today's hearing, $59.91. Total amount is $238,059.91. CHAIRMAN KAUFMAN: Was that door made of gold? MS. BOWMAN: Right. CHAIRMAN KAUFMAN: Look, $238,000 for a door seems excessive to me, but how am I to know? Do you have a request of us. MR. CASTRO: My name is Esmerido Castro. Well, I tried to -- I take a long time to fix everything, finding the permit, doing correctly everything. Right now everything is done. It's finished, everything. Pay everything, need to it to the Collier County. I wanted you to remove my fines, that amount there, $238,000. It's a lot of -- it's plus than the value of the property right now. So it's possible you remove the fee? CHAIRMAN KAUFMAN: Okay. Do we have any motion November 20, 2020 Page 55 from the Board? MR. BLANCO: Make a motion to deny the county's request for imposition of fines. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Your door is paid off. MS. BOWMAN: Thank you. MR. CASTRO: Thank you, sir. MS. PEREZ: Thank you. MS. GONZALEZ: Next, Item No. 9, Case No. CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. MS. TRESSLER: I do. CHAIRMAN KAUFMAN: Can you move the microphone down for us so we could hear you. MS. TRESSLER: There you go. Is that better? CHAIRMAN KAUFMAN: Much better. THE COURT REPORTER: What is your name? MS. TRESSLER: Veronica Tressler. CHAIRMAN KAUFMAN: Okay. Sherry, you want to read this order into the -- for the record? November 20, 2020 Page 56 MS. PATTERSON: Yes. For the record, Sherry Patterson, Senior Investigator, Collier County Code Enforcement. Before we get started, the respondent has something that she would like to request of the Board, if the Board would do so. CHAIRMAN KAUFMAN: Okay. Let me just peruse this. This is a culvert, a pipe that needed to be replaced, I guess, and the violation has not been abated. MS. PATTERSON: Right. CHAIRMAN KAUFMAN: Is that correct? MS. PATTERSON: That's correct. CHAIRMAN KAUFMAN: And the fines have accrued to the amount the imposition of almost $228,000. MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: Okay. MS. TRESSLER: Most of the work is done. What hasn't been finished is paving the entrance to the driveway. My two sisters that are named in the property, the one has early Alzheimer's and was just put in a home, and my other sister just went through brea st removal for breast cancer. So I spent a couple months in Texas helping out with them. And I -- I'm 72. I don't work. And I live on Social Security, so it's taken me a long time to, you know, be able to do this work. I intend to finish it as soon as possible. It's just been a money -- CHAIRMAN KAUFMAN: Let me. MS. TRESSLER: -- issue. CHAIRMAN KAUFMAN: Let me give you a suggestion. It hasn't been abated, so there's nothing that we can do as far as abating the fine. Once it's abated, you can come back to the Board and ask for it to be eliminated. So what I suggest is if the county would like to pull it or -- MR. LETOURNEAU: One second. November 20, 2020 Page 57 CHAIRMAN KAUFMAN: Secrets. MS. BOWMAN: I hear they don't make friends. CHAIRMAN KAUFMAN: Semi-secrets. MR. LETOURNEAU: Yes. The county would like to withdraw this at this time and bring it back at a future date we everything's taken care of, hopefully. CHAIRMAN KAUFMAN: Okay. MS. TRESSLER: Okay. Thank you. Thank you very much. CHAIRMAN KAUFMAN: Have a good holiday. MS. TRESSLER: You, too. Thank you. MS. BOWMAN: Merry Christmas. MS. TRESSLER: Thanks. MR. WHITE: Mr. Chairman, are you just going to amend the agenda to withdraw the item as per the county's request? CHAIRMAN KAUFMAN: Get the request [sic] from the Board to amend the agenda? I make the request. MR. ORTEGA: Motion to approve. CHAIRMAN KAUFMAN: Second it. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. ORTEGA: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thanks, Sherry. MS. GONZALEZ: Next case, Item No. 10, Case No. CESD20190009049, Jose Olivares-Gonzalez and Ana Trejo De November 20, 2020 Page 58 Olivares. (Libia Jiminez, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) MS. JIMINEZ: Yes. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. OLIVRES-GONZALEZ: I do. THE COURT REPORTER: Okay. And I need your name. MS. JIMINEZ: My full name is Libia Jimenez. CHAIRMAN KAUFMAN: Can you move the mike between you so we can hear both of you. And, Joe, would you like to read this into the record for us? MR. MUCHA: Sure. For the record, Joe Mucha, Supervisor, Collier County Code Enforcement Board. This is dealing with the violation of 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). Violation location is 14701 Apalachee Street, Naples; Folio No. 25967802724. Description of the violation is an addition/alteration/porch overhang and shed on a property without permits. Past orders: On November 22nd, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5703, Page 3297, for more information. The violation has not been abated as of November 20th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day from the period from March 22nd, 2020, to November 20th, 2020, for 244 days, for a total fine amount of $48,800. Fines continue to accrue. November 20, 2020 Page 59 Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.35, for a total fine amount of $48,859.35. So just to give you an update on this, the shed has been taken down, the overhang has been taken out, but we have an addition that's left. And I think originally they were going to try to permit the addition, and it was just going to be too much for them, so they've decided now they want to just take it down, get a demolition permit and remove the addition from the home. So they're going to need more time. CHAIRMAN KAUFMAN: Okay. Now, would you like to request additional time; is that what you're looking -- MS. OLIVARES: (Through interpreter) Yes. CHAIRMAN KAUFMAN: And how much time do you think you would need? MS. OLIVARES: (Through interpreter) If I could, three months. CHAIRMAN KAUFMAN: Okay. Well, we have no meeting in December. So our next meeting is in January. You're asking for time until February? MS. OLIVARES: (Through interpreter) Yes. CHAIRMAN KAUFMAN: That would be enough time? MS. OLIVARES: (Through interpreter) Yes. CHAIRMAN KAUFMAN: Okay. Would someone from the Board like to make a motion to continue this until February? MS. BOWMAN: I'll make a motion to continue the case until February. CHAIRMAN KAUFMAN: We have a motion. I second it. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) November 20, 2020 Page 60 MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. OLIVARES: (Through interpreter) Thank you. CHAIRMAN KAUFMAN: So get it done, come back in February, and then we'll address your fine. MS. JIMINEZ: All righty. Thank you. MS. GONZALEZ: Next is Item 12, Case CESD20190009611, Tammy Desormeau. I'm not sure if that's correct. They submitted a letter, and I believe I left you a copy. Mr. -- MR. LETOURNEAU: Let me look. Oh, there it is. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Give us a minute or two to look at the letter. Do you want to read it into the record for us, Joe. MR. MUCHA: Sure. For the record, Joe Mucha, Collier County Code Enforcement. It says to all interested parties -- do you want me to read the letter or the -- CHAIRMAN KAUFMAN: No. MR. MUCHA: Okay. Violation of 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). Violation location is 14657 Apalachee Street, Naples; Folio No. 25967800784. Description of the violation was a screen enclosure addition and shed built without permits. Past orders: On November 22nd, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. November 20, 2020 Page 61 Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5703, Page 3284, for more information. Violation has been abated as of November 5th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from March 22nd, 2020, to November 5th, 2020, 229 days, for a total fine amount of $45,800. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.35, for a total fine amount of $45,859.35. CHAIRMAN KAUFMAN: Okay. And the letter states they took care of everything. It's now in compliance. They're fiscally short of cash and are asking for the fine to be abated. Having said that, anybody from the Board like to make a motion? MR. BLANCO: Make a motion to deny the county's request for imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: (No verbal response.) MR. BLANCO: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. MS. GONZALEZ: Our next item, Mr. Chair, is under motion to rescind previously issued order. It's two orders for the same case November 20, 2020 Page 62 number, CESD20140009331. CHAIRMAN KAUFMAN: Anybody from the county want to say anything about this? MS. GONZALEZ: Our records show that there was a change of ownership close to the time where the case was heard on June 30th, 2015, and the order was recorded on July 29th, 2015. So it was pretty close, and the county was not aware of the change of ownership. And then the second order is for the imposition of fines, same thing. That is the previous owner of the property. CHAIRMAN KAUFMAN: What's the name on this property? MS. GONZALEZ: It is -- MR. LETOURNEAU: South Naples Center, LLC. MS. GONZALEZ: Well, that was the -- that was -- MR. LETOURNEAU: That was the owner that we actually brought to the hearing but, obviously, the ownership had changed before the hearing. And it wasn't -- I believe it probably wasn't recorded at the time, and we didn't know the ownership had changed, and -- CHAIRMAN KAUFMAN: So there was some violation, the nature of which was? That's a question. It should in the second paragraph. MS. BOWMAN: Improvements without first requiring Collier County building permits. MR. LETOURNEAU: Yeah, pretty vague. MS. BOWMAN: Pretty vague. CHAIRMAN KAUFMAN: Excuse me? MS. BOWMAN: It's very vague. It just says that they had -- CHAIRMAN KAUFMAN: Had to do with permits? MS. BOWMAN: They did improvements without getting permits. CHAIRMAN KAUFMAN: Okay. November 20, 2020 Page 63 MS. BOWMAN: It doesn't say -- MR. LETOURNEAU: So at this time -- CHAIRMAN KAUFMAN: County filed a violation against the wrong owner of the property? MR. LETOURNEAU: Property owner, correct. CHAIRMAN KAUFMAN: So that is what we are rescinding. MR. LETOURNEAU: And then we're going to -- obviously, we're going to pursue this with the owner of the property of record at this time. CHAIRMAN KAUFMAN: So we're looking for a motion from the Board to rescind that order. MR. LETOURNEAU: And the imposition also. CHAIRMAN KAUFMAN: And the imposition on that same thing. Someone like to make that motion, or I just did? MS. BOWMAN: You just did. CHAIRMAN KAUFMAN: Okay. We have a second? MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Does that bring us to the end of the day? MS. GONZALEZ: We just have one thing to mention. Our next hearing, we had a little scrivener's error there. It's going to be Thursday, January 28th, 2021. CHAIRMAN KAUFMAN: Okay. So you're giving us the November 20, 2020 month of December off as our Christmas present; is that correct? MR. LETOURNEAU: In lieu of salary, yes. CHAIRMAN KAUFMAN: In lieu of salary. We really appreciate it. Okay. Well, everybody have a safe holiday. We are adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :46 a.m. CODE ENFORCEMENT BOARD ER UFMAN, CHAIRMAN These minutes approved by the Board on 'Srk,„,Ady dgi,z1 as presented X or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 64