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CEB Minutes 01/28/2021January 28, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 28, 2021 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Chloe Bowman Sue Curley Kathleen Elrod Danny Blanco Ron Doino (Absent) Herminio Ortega (Absent) Barbara Ann Davis, Alternate (Absent) ALSO PRESENT: Jeff Letourneau, Manager of Investigations Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Patrick White, Attorney to the Board January 28, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order, which I'm sure you all know, and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. If you'll all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: As I look out -- and I can't see one smiley face. MR. LEFEBVRE: One. CHAIRMAN KAUFMAN: Just one. Okay. Why don't you call the roll, Helen. MS. BUCHILLON: Okay. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. January 28, 2021 Page 3 MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. And that's it for now. MR. LEFEBVRE: Thank you. MS. BUCHILLON: Everybody is excused. CHAIRMAN KAUFMAN: Okay. And anybody have any comments on the minutes from the last meeting? (No response.) CHAIRMAN KAUFMAN: If not, we will approve the minutes. Before we begin with the agenda, I'd like to introduce Jeff Letourneau who is going to update us on the current status of new people in Code Enforcement. Jeff, it's all yours. MR. LETOURNEAU: We've got one new investigator that I'd like to introduce. Jack, can you come up here for a second. We've got to embarrass him. He didn't know this was going to happen, so... (Applause.) CHAIRMAN KAUFMAN: Take his fingerprints. MR. LETOURNEAU: Go to the mic right here. Just introduce yours. MR. DELIA: Hi. My name John Delia. MS. BUCHILLON: I know him as Jack, I'm sorry. MR. DELIA: Yeah, we've known each other for years. I'm excited to be starting on the Code Enforcement team, and I'm happy to serve the community. CHAIRMAN KAUFMAN: Do you know what area you're going to have? MR. DELIA: At this moment I am jumping all over the place, but I'm sure they'll find a spot for me. I appreciate it. CHAIRMAN KAUFMAN: Jeff, do you know what area? January 28, 2021 Page 4 MR. LETOURNEAU: Not yet, no. We'll figure out -- we've got a couple spots open. I'm not really sure which one he's going to take now. CHAIRMAN KAUFMAN: Okay. Well, good meeting you. MR. DELIA: Pleasure to meet you, too. Thank you. (Mr. Blanco is now present in the boardroom.) CHAIRMAN KAUFMAN: Danny, I don't know where you're going to go. MR. LETOURNEAU: Hold on. I've got one -- I'm sorry. CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: This is another surprise. I've got another investigator I'd like to call up here. His name is Luis. MS. ELROD: And he's not happy. MS. CURLEY: I like their shirts. MR. MACEDO: Good morning, everyone. My name is Luis Macedo, and I just started with the Code Enforcement. I believe I'm going to be over at the East Naples. MR. LETOURNEAU: East Naples somewhere, yes. CHAIRMAN KAUFMAN: It's a big place. MR. MACEDO: Yes, sir. CHAIRMAN KAUFMAN: And you're not real big, so it might be hard to find you. MR. LETOURNEAU: All right. Thank you. MS. CURLEY: I like the new shirts, the dark shirts that the guys are wearing. CHAIRMAN KAUFMAN: You do? Well, thank you. MS. CURLEY: Looks more cooler than their uniform. CHAIRMAN KAUFMAN: Which brings us to the agenda. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Any changes? MR. LEFEBVRE: Danny's here. January 28, 2021 Page 5 CHAIRMAN KAUFMAN: Danny's here now, so you can mark him accordingly. MS. BUCHILLON: Present. CHAIRMAN KAUFMAN: Danny, you're late. MR. BLANCO: Yes, sir. I forgot my mask. CHAIRMAN KAUFMAN: We'll take you outside and beat you with a wet noodle. Okay. You, too. MR. LEFEBVRE: All right, guys. Come on. MS. BUCHILLON: Ready for the changes? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. We have some stipulations. I think five stipulations. First stipulation, No. 16 under Hearings, CELU20200010724, Greg Carlisle, care of James E. [sic] Kurnik. Next stipulation, No. 10, CEAU20200004120, Melanie Ann Carter and Reginald Von Carter. Next stipulation, No. 12, CELU20200005077, James Poole, Jr., and Filomena Poole. Number 3, CESD20200005364, Jose J. Hernandez Montero and Yudeisy Pedrozo. And last stipulation, No. 13, CELU20200000493, Mael Investments, LLC. CHAIRMAN KAUFMAN: Okay. Could we get a -- that's the stipulations? MS. BUCHILLON: Those are the stipulations, yes, sir. CHAIRMAN KAUFMAN: What are the cancellations? MS. BUCHILLON: And now we have withdrawns. Under Public Hearings, Motion for Continuance, No. 2, CESD20190009077, Dean G. Chionis and Sherry L. Chionis, has been withdrawn. It will be rescheduled for the March hearing. January 28, 2021 Page 6 Number 4, CEAU20200001629, John R. McCann, Jr., and Ashley Law McCann, has been withdrawn due to compliance efforts. Under Hearings, No. 6, CELU20200005943, David Falato and Zenaida Falato, has been withdrawn due to compliance efforts. Number 8, CEOCCOCC20190015149, Sabrina McBride, has been withdrawn due to compliance efforts. Number 11, CELU20190012619, Frederick F. Harbec and Tanya Iturralde, has been withdrawn due to compliance efforts. Number 14, CESD20200005558, In 100 years, LLC, has been withdrawn due to compliance efforts. Number 15, CESD20200009436, 1060 Hollygate Lane, LLC, has been withdrawn due to compliance efforts. Under Motion for Imposition of Fines, No. 1, CEPM20190008606, Arthur S. Nichols and Stella M. Nichols, has been withdrawn due to compliance efforts. Number 6, CEPM20180011817, Hazen L. Allen and Maria A. Allen, has been withdrawn. Property has been sold. Number 8, CESD20190003219, Mark Ryan Morgan, has been withdrawn due to compliance efforts. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the agenda as modified. MS. ELROD: Motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. January 28, 2021 Page 7 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're going to change the order of the agenda to accommodate the short people out there. MS. BUCHILLON: Oh, okay. Okay. MS. BOWMAN: What? MR. LEFEBVRE: The kids. MS. CURLEY: What are you talking about? MS. BUCHILLON: Number 10 will be the first stipulation. Number 10 will be the first stipulation. CHAIRMAN KAUFMAN: Okay. CEAU20200004120, Melanie Ann Carter and Reginald Von Carter. (The speakers were duly sworn and indicated in the affirmative.) MR. CARTER: I do. MR. FORD: I do. CHAIRMAN KAUFMAN: Good morning. MR. FORD: Good morning. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us. MR. FORD: I sure would. For the record, Arthur Ford, Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of the hearing; Abate all the violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted 6-foot wooden fence within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; January 28, 2021 Page 8 Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Thank you, Arthur. You have heard and you signed this? MR. CARTER: Yes. CHAIRMAN KAUFMAN: Any problems with it? MR. CARTER: No, I agree. CHAIRMAN KAUFMAN: Okay. If we can get a motion from the Board to -- MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CARTER: Thank you. MR. FORD: Thank you. CHAIRMAN KAUFMAN: Thanks, Art. January 28, 2021 Page 9 MS. BUCHILLON: Next item on the agenda, No. 16, CELU20200010724, Craig Carlisle, care of James E. Kurnik. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Do you want to read the stipulation into the record for us, Eric? MR. SHORT: Yeah. For the record, Supervisor Eric Short with Collier County Code Enforcement. 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 removing all unauthorized accumulation of litter and all other items not permitted for outside storage on the Estates-zoned lot to a site designated for such use within 90 days of this hearing, or a fine of $150 per day will be imposed for each day the violation remains; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of 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: I see it's 90 days; is that correct? MR. SHORT: Yes. CHAIRMAN KAUFMAN: To remove litter. Does that seem like a long time? MR. SHORT: To elaborate a little bit, there's shipping containers on the property, a lot of them, and that -- that requires January 28, 2021 Page 10 some logistics to get those moved. CHAIRMAN KAUFMAN: Okay. The ones that they put on the ships, the big container ships? MR. SHORT: Right. MS. ELROD: Motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and second to accept the stipulation as written. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Eric. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: I skipped over to the stipulations before the continuance and the extension of times. Do you want to start with the continuance? CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: Okay, okay. MS. CURLEY: Why don't we just finish this one? CHAIRMAN KAUFMAN: Under Public Hearings, Motion for Continuance, No. 1, CESD202 -- is he here -- 00001254, Jean Fortin. (The speakers were duly sworn and indicated in the affirmative.) MR. FORTIN: It's nothing but the true. MR. SHORT: I do. January 28, 2021 Page 11 CHAIRMAN KAUFMAN: Welcome back, Jean. MR. FORD: Good morning, Court, everybody, good morning. Happy New Year's, yes. MS. BOWMAN: Happy New Year. CHAIRMAN KAUFMAN: Okay. You are requesting an extension? I remember the last case. You want to say anything about this, Eric? MR. SHORT: The county's not in favor of the motion. It was a two-part order I'm sure you're familiar and remember: A certain amount of time to move out of the shed, and then additional time to demo or permit the shed. CHAIRMAN KAUFMAN: Which is on a different piece of property of the house that's being built. MR. SHORT: Well, actually, let's clarify that for the record. The lots have since been combined. So that address is now 2941 Terrace Avenue with -- and that's combined with that Folio Number, 7072096007. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So a violation still exists? MR. SHORT: Yeah. The shed remains on the property in an unpermitted condition. A site visit was conducted the 25th after hours, approximately 10:00 p.m. at night, and the shed is now being used for living again. CHAIRMAN KAUFMAN: Jean, the last time you were here, you said that you were going to move out of the shed; you had another place to go. That was important because there are no facilities in that shed to handle it as a residence. Can you bring us up to date on what's going on and why you need more time? MR. FORTIN: Yes. Your Honor, I remember -- you know I have the place, but since the sickness, you know, everybody was afraid to rent you a room, you know, to stay, because everybody January 28, 2021 Page 12 wants to stay away from everybody, and plus, the three months that you was giving me, that was -- every day was raining every day. I didn't have any chance to do anything to my house, you know. And because my house is -- it would be done but what happened is they have me put so much dirt inside the house, like 15 load of dirt to raise the floor up three foot, which I didn't know anything about it till later the county tell me, hey, we make a mistake. We should sign your permit. Okay. But I understand. That's the law. Whatever the law say, I agree. I follow it, you know. But now I have nowhere to go. Nobody -- you know, I don't have no money to rent a condo, to rent, you know, an apartment. So I'm asking the law at the same time to give me a chance to finish my house. My house is in the process now. About six months, I should be done. I'm not living in the shed. I just sleep there. You know, I can't sleep in the car. I got to sleep somewhere. I don't have no money to rent a place, you know, because this -- the shed, I didn't make it as, you know, to live in the property. And then I do everything as they tell me to to get the permit for the shed. But I do everything. You know, nothing worked, you know what I'm saying? CHAIRMAN KAUFMAN: We covered all this at the last hearing, and you assured us that you had a place to go to to live at that time and you would be doing that, and what's happened now since that time -- when was that case heard; do you know, Eric? MR. SHORT: August 28th. CHAIRMAN KAUFMAN: You know, August. MR. SHORT: Yes. CHAIRMAN KAUFMAN: That's -- MR. FORTIN: Yes, Your Honor, because -- CHAIRMAN KAUFMAN: Five months ago. MR. FORTIN: Yes. But the five months ago, let's consider it as January 28, 2021 Page 13 two months because there was a raining every day, every day. I had no chance to do any work. Every day was raining, you know. That's why I asked that lady, I said, well, I have no chance to do any work in my house, and that -- CHAIRMAN KAUFMAN: It's not the work in your house. MR. FORTIN: Yes. CHAIRMAN KAUFMAN: It's to find a place to go so you move out of the, if you pardon the expression, tool shed. MR. FORTIN: Yes, Your Honor. But, you know, the lady that I have a room -- I rent a room from, you know, and then that lady asked me, hey, I can't -- I can't rent no room here no more because -- I really -- you know, it's the sickness, I don't know what happen. You know, you going off and all. You know, you work, stuff, and I don't want no more, you know -- no more rent from you. Even that money that I give her, she returned that $300 back to me. MS. CURLEY: I have a question. Is the house that he's building a new house, or is he renovating a house? MR. SHORT: It was a renovation. He ran into some issues, like he discussed briefly, that it didn't meet base flood elevation, so he does have to raise the house. Construction started, then that was caught. Bit off more than he could chew. MS. CURLEY: So can't he live in the house during the renovation? MR. SHORT: No. There's no certificate of occupancy at this time. MS. CURLEY: It's that big of a renovation? MR. SHORT: Yes. I don't believe there's a roof on it at this time either. MR. LEFEBVRE: So it has to meet the base elevation because he's doing more than 50 percent of -- MR. SHORT: Correct. January 28, 2021 Page 14 MR. LEFEBVRE: -- the value of the structure in the property. MR. SHORT: Correct. MR. LEFEBVRE: So that way, you have to raise the floor. MR. SHORT: Correct. CHAIRMAN KAUFMAN: Is the house have -- does the house have water? MR. FORTIN: Yes. CHAIRMAN KAUFMAN: And sewer? MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: Okay. I just wanted -- MS. CURLEY: Jean, are you single? Do you have a spouse? MR. FORTIN: A Spanish? MS. CURLEY: Do you have a wife? MR. FORTIN: Wife, yes. MS. CURLEY: So you're not by yourself in this. MR. FORTIN: No, ma'am. MR. LEFEBVRE: I think that's a little bit -- MR. SHORT: Are you looking for a roommate? MR. FORTIN: That's my wife right there. My young lady right there. CHAIRMAN KAUFMAN: Sue is applying for the job if you didn't have one. MS. CURLEY: I'm trying to get the facts. I have empathy for this gentleman, I really do. I understand it. CHAIRMAN KAUFMAN: I think we all do, but at some point in time, you've got to pay the piper. MR. LETOURNEAU: The county has empathy for this gentleman also. It's just that we feel that it wouldn't be responsible of us not to object to this because he's basically living in something that hasn't been inspected. CHAIRMAN KAUFMAN: Safety and health. January 28, 2021 Page 15 MR. LETOURNEAU: And it's a safety issue, yeah. MS. CURLEY: Does he have -- I mean, other than that he's living in this, what would the difference be if he was living in a tent next door to that? MR. LETOURNEAU: No difference. If he was living in a tent? Other than -- I mean, it's probably -- it's very similar. MS. CURLEY: Is that allowed? MR. LETOURNEAU: No, it wouldn't be allowed, no. MR. LEFEBVRE: I make a motion to deny. CHAIRMAN KAUFMAN: We have a motion to deny. Do we have a second? MR. BLANCO: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a second. Just a discussion on the motion. This is to grant a continuance. If we uphold this motion, that means that we're not going to grab [sic] a continuance, and this case would need to be heard. MR. SHORT: Yeah, the county is prepared to impose, if you'd like to do that now or -- CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: So we have two opposed; is that correct? (No response.) CHAIRMAN KAUFMAN: Okay. Mr. Fortin, you're going to have to do something, because the motion that you have to continue January 28, 2021 Page 16 this case has been denied. So you're going to have to do some extra effort to find a place to go to. The county really is looking after your safety. You may not feel that, but that's it. So I guess you have to redouble your efforts to do that. MS. CURLEY: Can we just hear the case then? MR. LEFEBVRE: We're going to -- not hear the case. We're going to hear the imposition of fines. CHAIRMAN KAUFMAN: Yeah. The case is -- we heard it already -- MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: -- in August. Okay. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Is this on the schedule for imposition today? MR. LEFEBVRE: It is. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. We can adjust anything we need to adjust at that time. MR. WHITE: Do you want to hear it now, Mr. Chairman? CHAIRMAN KAUFMAN: How does the Board feel? Do you want to hear the imposition right now? Yeah, might as well. MS. CURLEY: We're a board of peers here, so we're discussing a financial hardship with somebody but we're just going to bypass that and then now assess fines for this man. MR. LEFEBVRE: Well, the fines would be assessed until he moves out. That's -- that would -- MS. CURLEY: I understand how the process works, but it's counterproductive to this man, and it doesn't seek to resolve or help this person in any way by attaching money to it. He can't find a place to live. It's not helpful. And so just throwing money and fines around is not a motivator for somebody who's just sat here and January 28, 2021 Page 17 declared and said that he can't even find a place to live because nobody wants him because they think he has COVID, which makes sense to me. And I don't know how hard it would have been just to extend it another 90 days. CHAIRMAN KAUFMAN: Well, let's go to the imposition and see what we can do there, okay. There might be light at the tunnel here, okay. And the imposition is case number what? MR. LEFEBVRE: Case No. 3 under imposition. MS. BUCHILLON: Yes. Case No. 3, yes. CHAIRMAN KAUFMAN: Okay. You're going to handle that, Eric? MR. SHORT: Yes, sir. MS. SILVERMAN: May I speak? I have a room for rent. CHAIRMAN KAUFMAN: We may be able to resolve everything here. Rental agent. Go ahead. MR. LEFEBVRE: Hold on. Why don't we just put this to the regular time of the agenda, and they can go and hash it out, maybe come up to an agreement. CHAIRMAN KAUFMAN: Would you be willing to do that? MR. LEFEBVRE: I mean, at least give you a little bit of time, talk to this lady, see if it's suitable. CHAIRMAN KAUFMAN: Go out in the hall -- go out in the hall, and you guys talk and then come back, and maybe we can just resolve all of this today. MR. FORTIN: Yes, Your Honor. MS. SILVERMAN: My case is next. MR. LEFEBVRE: Okay. Well, then he can wait until the case is over, and you can step out. MR. SHORT: If I could just clarify. What we're imposing on today is in regard to permitting of the shed, not the living condition. CHAIRMAN KAUFMAN: Okay. Okay. So let's hear this, and January 28, 2021 Page 18 maybe you can find a place to live in the meantime. Let's push that back in the agenda. MR. SHORT: Okay. MR. FORTIN: Yes. CHAIRMAN KAUFMAN: Okay. Jean, I suggest that you speak with this young lady and see what can be done. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: The shed that you have, what do you intend to do with that shed when the house is done? MR. FORTIN: Tear it down. CHAIRMAN KAUFMAN: Okay. So it's not -- you don't need that shed to work on the house. MR. FORTIN: Well, yes, I do, Your Honor, because -- the reason I need the shed to work on the house is just I can sleep in the shed. The money that I'm going to spend -- CHAIRMAN KAUFMAN: You can't sleep in the shed. MS. CURLEY: Let's have him come back. CHAIRMAN KAUFMAN: Okay. Come back. We'll talk about this in its normal time spot; is that okay with everybody? MS. CURLEY: Make sure he doesn't leave. Make sure he understands he has to come back. MR. WHITE: Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Point of clarification on the motion that you voted on. I wasn't sure who voted which way and what the total was because Mr. Blanco, as I understand, is certainly seated today as a voting member, and I wasn't sure what the vote was. Could you just ask for clarification, please. CHAIRMAN KAUFMAN: The ayes were Danny, Gerald, Cathy, and me. MR. LEFEBVRE: And I was the motion maker. January 28, 2021 Page 19 MR. WHITE: So 4-2? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Thank you. MS. BUCHILLON: Ready? Next item on the agenda under Motion for Continuance, No. 3, CESD20190010307, Juan C. Alcantara, Jr., and Lindsay M. Alcantara. MS. CURLEY: Is this the woman that just walked out the door? CHAIRMAN KAUFMAN: No. Good morning. MR. ALCANTARA: Good morning. (The speakers were duly sworn and indicated in the affirmative.) MR. ALCANTARA: I do. MS. PATTERSON: I do. CHAIRMAN KAUFMAN: This is the docks that were over off Immokalee Road. MR. ALCANTARA: Yeah, Palm River. CHAIRMAN KAUFMAN: Right. And as I recall, you had some problems getting the State to approve certain things in relation to the dock? MR. ALCANTARA: Yeah. So I moved into the home. The dock was already there on the property. And then I got the notice of violation after I had purchased the home. CHAIRMAN KAUFMAN: Right. MR. ALCANTARA: So, pretty much, there's multiple docks in there that are under the same circumstance. Since the last meeting, I've moved forward with permitting. Well, I hired a company. We're putting a new dock in, but we've had some issues with the permit, and the 90 days just wasn't enough. CHAIRMAN KAUFMAN: How much time do you think you need? MR. ALCANTARA: Another 90 days. January 28, 2021 Page 20 CHAIRMAN KAUFMAN: Okay. Does the county have any objection to -- MS. PATTERSON: No objections. CHAIRMAN KAUFMAN: -- extending this? MS. PATTERSON: No objections. MS. CURLEY: I'll make a motion for 120 days. MR. LEFEBVRE: Perfect. I'll second that motion. That's exactly what I was going to say. It sounds like there's a lot of people there. They're probably in the same circumstance as you. Probably hiring the same contractor to do the work -- MR. ALCANTARA: Yeah. MR. LEFEBVRE: -- so I think 120. MR. ALCANTARA: Yeah. There's only about two or three contractors that actually have a barge small enough to get in there -- MR. LEFEBVRE: Correct. MR. ALCANTARA: -- in that waterway, so it's -- CHAIRMAN KAUFMAN: So we have a motion to extend 120 days. We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: Good luck. CHAIRMAN KAUFMAN: Good luck. MR. ALCANTARA: Thank you. CHAIRMAN KAUFMAN: If you don't get it gone, you know January 28, 2021 Page 21 where we are. MR. ALCANTARA: Thank you. MS. BUCHILLON: Next item on the agenda under Motion for Extension of Time, No. 5, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc. MR. FISHER: Good morning, Attorney Brett Fisher with my co-counsel, Brittany Cowan, on behalf of Pelican Lake. CHAIRMAN KAUFMAN: Are both of you going to testify? MR. FISHER: I don't believe. It's uncontested, so. CHAIRMAN KAUFMAN: Okay. You don't have to be sworn. We trust attorneys. I don't know why. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Okay. Joe, what's the story? MR. MUCHA: Well, I guess it's kind of their story to tell. They provided a motion. Did you guys have a chance to look it over? MS. CURLEY: No. CHAIRMAN KAUFMAN: Why don't you tell us what your motion is as we look for it. MR. FISHER: Okay. I'll be brief. So this issue concerns a drainage easement that -- our client's an association, and they actually, 13 years ago, paved over this drainage easement, and now there's massive what looked like semitrailer shipping containers that cover this space, because they rent it out for storage to a lot of their residents. So we've been working with both Collier County and the South Florida Water Management District. Sorry? MS. CURLEY: We don't have any documentation, any further documentation here. CHAIRMAN KAUFMAN: In other words, we don't have a January 28, 2021 Page 22 copy of the -- MR. LETOURNEAU: I've got it on the screen, if you guys can read that. CHAIRMAN KAUFMAN: Okay. Well, probably easier -- MR. LETOURNEAU: It's pretty lengthy. CHAIRMAN KAUFMAN: -- for you to explain. MR. FISHER: So we've been working with both the county and the Water Management District. As you'll recall, and as stated in the motion, part of the order that was entered in this code enforcement case allowed us to either abate the violation or work with the county to seek an easement vacation agreement or an easement-use agreement. So this is a somewhat of a complicated land-use issue, so we're just asking for more time to get that done. The reason we're asking for six months is because we, frankly, don't want to have to come back before this board and ask you for another extension of time. So our plan now is, if we can't get the easement vacated, what we're going to then do is just simply abate it. Our clients spoke with all the appropriate professionals and retained all the estimates. So we are prepared to abate it if our actions are unsuccessful. So that's why we're asking for the six-month, and the county has no objection, so... CHAIRMAN KAUFMAN: The county has no objection? MR. MUCHA: Yes, sir. I mean, they've been working along with us. I've been working with Brittany for quite a while now. And as far as when the original complaints have come in, that's when there was kind of a feud between this community and the neighboring community, and I guess since then that feud has went away, and I haven't heard anything from anybody about the situation in a long time. CHAIRMAN KAUFMAN: So you're looking for six months? MR. FISHER: Yes. January 28, 2021 Page 23 MS. CURLEY: So is there still a threat of flooding into hurricane season, or have they managed some sort of way -- or is it still the same way? MR. MUCHA: This drainage easement, as far as -- from what I understand, isn't even really in use anymore. MR. FISHER: It's never been used. And all the development around it didn't -- that's why we're very confident we'll get it vacated in some way, shape, or form, because it's absolutely never been used, and it wasn't actually even identified or incorporated in any of the surrounding developments. So -- and all of the drainage that's around the property takes care of the watershed, so... CHAIRMAN KAUFMAN: This was an eyesore, is that it, from the adjacent community? MR. FISHER: I don't believe it's an eyesore. I don't know what the -- CHAIRMAN KAUFMAN: Well, somebody reported it. MR. MUCHA: The original complaints were about the storage of the containers and things like that. MR. FISHER: Okay. CHAIRMAN KAUFMAN: Okay. And those folks now are somehow placated? MR. FISHER: Yes. Well, we've resolved our differences. MR. MUCHA: Like I said, I haven't heard from anybody. It's been probably close to a year. There was a gentleman that was really involved in it, and I think once they settled -- there was some sort of lawsuit, I guess, right? MR. FISHER: Yes. MR. MUCHA: And once that went away, he seemed to have went away. CHAIRMAN KAUFMAN: So we're looking for a motion from the Board to extend six months. January 28, 2021 Page 24 MR. LEFEBVRE: I just have a couple questions. CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: First of all, in the PUD, what is this space designated? MR. FISHER: In the PUD? MR. LEFEBVRE: The PUD, yeah. MR. FISHER: It's a drainage easement. MR. LEFEBVRE: And whose -- who designated that? Whose jurisdiction is that under? Is that Southwest Florida Water Management? MR. FISHER: I believe so. MR. LEFEBVRE: Okay. So you're working with them to try to mitigate that; is that correct? MR. FISHER: All we would need to do from the District's standpoint is have an amendment to the permits which, from our discussions with them, we don't see that that's going to be a problem. It's probably going to be -- as long as the county's in agreement with vacating the easement, then, basically, we think the District's just going to sign off on changing those permits. CHAIRMAN KAUFMAN: They're going to change the name from a -- (Simultaneous crosstalk.) MR. LEFEBVRE: There's no DEP or anything? MR. FISHER: I'm sorry. I didn't hear you. MR. LEFEBVRE: There's no DEP -- MR. FISHER: No. MR. LEFEBVRE: -- and you don't have to take the drainage easement and move it somewhere else? MR. FISHER: No, there's no -- MS. CURLEY: Is it still going to be a site -- an unsightly area for our neighboring people? January 28, 2021 Page 25 MR. FISHER: So the -- MS. CURLEY: I don't want to look at containers in my backyard. MR. FISHER: Well, the dispute over the containers is more of a personal issue between the communities. The area's zoned for -- correct? MS. COWAN: Correct. MR. FISHER: Yeah, the area's zoned for storage, so it's allowed. The use is permitted, so -- and it's not really unsightly. That's more of a subjective opinion. MS. CURLEY: I don't want to look -- I don't have a container in my backyard right now. MR. MUCHA: I think there's only, like, one, right, one storage container? MR. FISHER: No, they're in there, but it's encompassed -- it's a storage area, and that's what it was zoned for, and that's what it's being used for, so... MR. LEFEBVRE: How far along in the process are you with Southwest Florida Water Management? I know it could take up to 18 months when you start anew with a PUD. So how far along are you? MR. FISHER: How far along would you say we are? MS. COWAN: So if I could just speak on that. And this is Attorney Brittany Cowan. So we actually -- there's two parts to the process. It's under the district permits and also the county permits. So we've submitted already and attended a pre-application meeting with the district. They had no objection. Right now our engineer is actually formally putting all of the exhibits and the argument together to formally submit. So that meeting was the end of 2020 with the district. And then we've also formally submitted an easement-use agreement or vacation with the county. That's just started because we really January 28, 2021 Page 26 wanted to get the district addressed first with the permitting. So in addition to that, we have been working with county zoning, GMD, and I know Mr. Mucha's attended several meetings with us just to see how we could address this issue. And as Brett pointed out, we do have proposals and estimates to abate the nuisance as well in the event that we can't get all of those approvals. We know that there's a lot of moving parts. MR. LEFEBVRE: This is very similar to a case we had several years ago where Milano, on Livingston Road, there was a road that was supposed to go in for Imperial for access for the houses in the back of Imperial, and Milano's development had a water retention area that this road was going to over and that it was designated this is where this road's going to go, and they worked whoever, Imperial and so forth, worked with the various agencies and got it completed, and they never came back to us, and it was just taken care of. CHAIRMAN KAUFMAN: I believe that what is going to happen is they're going to change the name from a drainage district to a storage area just -- and that will be the end of it. MR. LEFEBVRE: So, I think, knowing how the district -- and I've worked in developments. Knowing how the district works, I think it may be beneficial to give more time, and I would say to give nine months. CHAIRMAN KAUFMAN: Do you want to make that as a motion? MR. LEFEBVRE: I make a motion to continue this for 270 days. CHAIRMAN KAUFMAN: Seventy [sic] days, okay. MS. CURLEY: I have a question. So this is, obviously, what you guys specialize in. What is your success rate for other communities in getting the vacation and changing these water district areas? January 28, 2021 Page 27 MS. COWAN: Well, I know recently the easement-use agreement's been something over the last few years that I think they put a task force on to provide an option, and I think this resulted from a bunch of drainage easements that were encroached on in Golden Gate Estates. So we actually have engaged Peninsula Engineering. One of the engineers actually worked with county on the easement-use agreements. The reason we're also discussing with county an easement vacation is because this easement-use agreement process is so new that they aren't sure if existing encroachments would fall under that purview or if we would need to go the Plan B, which would be the vacation. So we're -- excuse me. We're in communication with county on that, and we're kind of just deciding which would be the best approach, and then, again, if neither of those approaches are acceptable, we're prepared to abate the nuisance. CHAIRMAN KAUFMAN: Okay. We have a motion on the floor. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Okay. Any more discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) January 28, 2021 Page 28 CHAIRMAN KAUFMAN: It carries unanimously. You have nine months. MR. FISHER: Thank you. MS. COWAN: Thank you. MR. LEFEBVRE: You're welcome. CHAIRMAN KAUFMAN: Okay. You could have a baby in that amount of time. I think you could get this resolved. MR. FISHER: I'm actually having a child in June, so... MS. CURLEY: Congratulations. MS. BOWMAN: Congratulations. CHAIRMAN KAUFMAN: Congratulations, you have an abatement. MS. CURLEY: You just gave him nine months to -- MS. BUCHILLON: Next item on the agenda, No. 6, CELU20190006474, Lisa Marie Silverman. MS. SILVERMAN: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speakers were duly sworn and indicated in the affirmative.) MS. SILVERMAN: I do. MS. McGONGAGLE: I do. CHAIRMAN KAUFMAN: Okay. We have a mobile home that's on a parcel out in the Estates that needs to be moved, I'm assuming. MS. McGONGAGLE: Or permitted. She's actually working on getting it permitted. MS. SILVERMAN: It's not a mobile home. It's a storage unit. CHAIRMAN KAUFMAN: Okay. I think we went through this at one time, didn't we? MS. SILVERMAN: Yeah. It's a truck bed that got converted into a storage unit. CHAIRMAN KAUFMAN: Okay. And how far down the road January 28, 2021 Page 29 are you on this -- getting it permitted? MS. SILVERMAN: Well, I've already put 15,000 into it. Everybody says to me, why don't you just build a garage, get a permitted garage? If I didn't spend the 15,000, I would have. So thank God I have the right engineer now, because I think the last time we spoke I got an engineer that I paid 2,500 to, and he sort of took off. So Renald Paul found me a very good engineer named Octavio, I hope I say it right, Sarmiento, and -- CHAIRMAN KAUFMAN: Okay. Has he given you some sort of idea of when this would be done? MS. SILVERMAN: Well, I mean, I'd love it done right now, because I haven't stopped going down there driving them nuts, making payments. Octavio has halfway done all the drawings, half the work, but, you know, he said with -- I know nobody wants to keep hearing it, because of the COVID his jobs have all of a sudden gotten back on, I suppose, and he doesn't have a lot of men to send out to this job, so -- CHAIRMAN KAUFMAN: The reason I ask the question is -- MS. SILVERMAN: Sure. CHAIRMAN KAUFMAN: -- you're looking to extend the time on this. MS. SILVERMAN: Right. CHAIRMAN KAUFMAN: So if we had an idea of how long you're looking to extend the time -- MS. SILVERMAN: Sure, sure. CHAIRMAN KAUFMAN: -- it would help us in going forward. MS. SILVERMAN: Six months. That's what I was told to ask. CHAIRMAN KAUFMAN: And the county, do you have any objection on that? MS. McGONGAGLE: No. January 28, 2021 Page 30 MS. CURLEY: Michele, what was the original complaint from? MS. McGONGAGLE: It was for a mobile home on the property. MS. CURLEY: By a neighbor or something? MS. McGONGAGLE: Yes. CHAIRMAN KAUFMAN: Okay. The county has no objection to granting an extension on this? MS. McGONGAGLE: Correct. MS. CURLEY: What'd you ask for, six? CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Let's just give an extra COVID 60. MR. LEFEBVRE: Let me ask a question. Did you write a letter on the 22nd of December to the Board asking for 60 days? MS. SILVERMAN: No. No. MR. LEFEBVRE: Well -- MS. CURLEY: What are you looking at? MR. LEFEBVRE: I'm looking at our package. MS. McGONGAGLE: For the record, Investigator Michele McGonagle. If I may, she did request the extension of time, but at that point she didn't realize that she had to submit new engineer drawings. So she had met with Renald Paul multiple times in the office. He's helped her through that process and, as she said, she's hired a different engineer now, so it's taking -- she's not familiar with the process and how long it takes, so she didn't know how much time it would take. MR. LEFEBVRE: I'm just looking at a letter here handwritten by her. MS. SILVERMAN: Yeah. I was told -- I want it done yesterday, I really do. It's not me. It's the -- MR. LEFEBVRE: Sure. MS. SILVERMAN: -- the red tape and to do it right, all the January 28, 2021 Page 31 draw -- I want it done now. CHAIRMAN KAUFMAN: Well, it's -- obviously, the respondent has been putting an effort into getting this resolved. I have no problem extending the time. Does anybody want to make a motion to that effect? MS. SILVERMAN: And, you know, I have all the evidence of everything of what I'm trying to -- MS. CURLEY: Let's make a motion to extend it to the December -- or the November meeting. CHAIRMAN KAUFMAN: November. MS. CURLEY: November. It's COVID. Give them extra time. CHAIRMAN KAUFMAN: Is that a motion? MS. CURLEY: Yeah. I make a motion to extend the case until November -- what's the date, Helen, of the November meeting; do you know? MS. BUCHILLON: November 24th. MS. CURLEY: November 24th, 2021. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. LEFEBVRE: I think that's just too far out. This is a mobile home. CHAIRMAN KAUFMAN: Okay. Motion dies for lack of a second. Would you like to make a motion? MR. LEFEBVRE: I'd like the make a motion to grant her six months that she requested. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. January 28, 2021 Page 32 MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: So we are extending, not continuing? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: So no fine. MS. McGONGAGLE: Thank you. CHAIRMAN KAUFMAN: Okay. MS. SILVERMAN: Thank you very much. MS. CURLEY: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Have you and Mr. Fortin come to some sort of agreement? MS. SILVERMAN: Well, I spoke to them, and I kind of have a high-end house, so I couldn't do any better than -- because I usually charge, like, 800 a month. It's a huge room with a bathroom and kitchenette and everything. But their finances, because they're trying to fix this house that they have. So I had a property that I sold and, unfortunately, it just happened that I had three registered RVs that I gave away; like, day late, dollar short. So what I suggested to him -- I'm not sure how legal it is, but -- January 28, 2021 Page 33 MR. LEFEBVRE: We don't want to hear it then. MS. SILVERMAN: Somebody's giving away an RV that's registered that you can move, he could maybe do something like that until he gets the house built. You know, I just feel so bad because he can't afford -- I don't know what he can afford. I didn't get that far. But when I even said 600, it sounds like they're really trying to fix up the house and using every dime to fix up their house. CHAIRMAN KAUFMAN: Okay. MS. SILVERMAN: Yeah. CHAIRMAN KAUFMAN: It was an opportunity to investigate a little bit. Okay. MS. SILVERMAN: Yes. CHAIRMAN KAUFMAN: We'll find out from Mr. Fortin. MS. SILVERMAN: They seem like they're very good people. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Thank you very much. Good luck on getting all your permits done. MS. SILVERMAN: Thank you very much. MS. BUCHILLON: Okay. We're back to stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next Stipulation would be No. 12, CELU20200005077, James E. Poole, Jr., and Filomena A. Poole. (The speaker was duly sworn and indicated in the affirmative.) MR. MARCHAND: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARCHAND: Good morning. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. And if you would read the stipulation into the record for us. MR. MARCHAND: For the record, William Marchand, Collier County Code Enforcement. January 28, 2021 Page 34 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: Removing the recreational vehicle and all other -- all other described items being stored on this unimproved agriculturally zoned property within 150 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 this -- 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. The respondent is not here, but the respondent agreed to this? MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: Was he here earlier today, or you did this in a different day? MR. MARCHAND: They did this yesterday. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion to accept and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. January 28, 2021 Page 35 CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Discussion. CHAIRMAN KAUFMAN: You want discussion on this? Go ahead. MR. LEFEBVRE: Five months for them to reside in a camper before they move? I mean, that seems like a long time in a -- in a residential neighborhood, not on Estates zoning or anything. To me that sounds like an excessive amount of time, but... CHAIRMAN KAUFMAN: Is there some reason for the time? MR. MARCHAND: Yes, sir. Their home actually burnt down about -- a couple -- or a year and a half, a couple years ago. So basically right now they're trying to work with We Build Florida and also, if that doesn't pan out, basically sell their land and move to another place. MS. CURLEY: They're not bothering anybody. MR. LEFEBVRE: It's not much different than Mr. Fortin's situation. And it just seems like it's an awful long time. You know, a year and a half, two years since the house/structure was burned, and now another five months, that will be two two-and-a-half years, but... MR. LETOURNEAU: I would -- for the record, Jeff Letourneau, Collier County Code Enforcement. I would argue one difference being the RV was built for living purposes. The shed, we don't know what that was built for. Obviously, both code violations, but I would not correlate the RV with that shed that gentleman's living in. MS. CURLEY: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. January 28, 2021 Page 36 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Okay. You got that, Terri? It passes. MR. MARCHAND: Thank you, sir. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next Stipulation, No. 3, CESD20200005364, Jose J. Hernandez Montero and Yudeisy Pedrozo. MS. CURLEY: I don't have a 3. Can you put it on the -- MS. BUCHILLON: You don't have that one? (The speaker was duly sworn and indicated in the affirmative.) MR. ODOM: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. This is unpermitted construction addition in the rear of the property without permits. Do you want to give us a brief description of this? MR. ODOM: Yes, sir. For the record, Michael Odom, Collier County Code Enforcement. It is an addition that's going to be under air that the respondent is building, started building, and I think it's 20 by 20, so that's why we gave him the four months. CHAIRMAN KAUFMAN: They applied for no permits. MR. ODOM: They have applied for a permit since then, since the notice of violation was served. Permit is currently in objection status pending corrections. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? January 28, 2021 Page 37 MR. ODOM: Yes, sir. Therefore, it is agreed between the parties that respondent shall: Number 1, pay all operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of the hearing; Number 2, abate all violations by obtaining all required Collier County building or demolition permits, inspections, and certificates of occupation/completion for the unpermitted construction addition in the rear yard of the property within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. MS. CURLEY: I have a question. Just sometimes we let -- they agree to these things, and they're just not even attainable. Can you explain to me what's going on out there? They poured a 20-by-20 concrete pad and built a structure? MR. ODOM: Yes, ma'am. He's building an addition onto the back where a lanai would be on a recently built single-family home. And he is a licensed contractor of some kind. So he knows what he's doing. He just started it. He jumped the gun before getting the permits. So he has everything lined up, according to him. So he said -- you know, and he's also had a couple months prior to this because we had no hearing in December. So according to him, he's getting the ball rolling, already has the permit submitted, and he's working on corrections, so... MS. CURLEY: So he didn't call contractor's licensing on January 28, 2021 Page 38 himself? MR. ODOM: No, his neighbor did. MR. LEFEBVRE: How far along is he? MR. ODOM: Concrete blocks are in, footer's in, and he's got all the plans laid out, so... MS. CURLEY: That's pretty bad that he started it. Usually they blame somebody else for it. MR. LEFEBVRE: So my question -- CHAIRMAN KAUFMAN: If this is an owner/builder and he has -- he is a licensed, we don't know what -- MR. ODOM: Plumber. CHAIRMAN KAUFMAN: -- I'm surprised that there wasn't a violation reported to contractor's licensing. MS. CURLEY: He's going to self-report himself. MR. ODOM: I don't have an answer for that, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. Generally we are the ones who get the referrals from contractor's licensing to us. This seems like it's in the opposite direction. MS. CURLEY: Now, let's give this intelligent gentleman who knows the rules 120 days to fix his mistake. MR. LEFEBVRE: So my question is -- CHAIRMAN KAUFMAN: Is that a motion? MR. LEFEBVRE: -- how can an inspection be done on the footer, the rebar, and those inspections, work's already been done, so how's that going to be -- how's that going to be accomplished? MR. ODOM: He may have to -- I'm just -- MS. CURLEY: It's not our problem. MR. ODOM: He may have to cut into it, remove some of it. He's not that far along. The neighbor called on him like that. MR. LEFEBVRE: Okay, okay. MS. ELROD: Motion to accept. January 28, 2021 Page 39 MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. Any other discussion on the motion? MS. CURLEY: Well, can we just not give him -- can we put on here that he can't extend it ever? CHAIRMAN KAUFMAN: We can cross that bridge when we get to it. Based on Mr. Lefebvre's comment, you can't get an inspection if you have no building permit. So this was obviously something he was trying to do under the table without a permit. MS. CURLEY: And he must not be a very nice neighbor either. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ODOM: Thank you. CHAIRMAN KAUFMAN: Thank you, Michael. MS. BUCHILLON: Next Stipulation, No. 13, CELU20200000493, Mael Investments, LLC. (The speakers were duly sworn and indicated in the affirmative.) MS. LIGHTER: I do. MR. MARCHAND: I do. THE COURT REPORTER: Can I get your name? MS. LIGHTER: Elizabeth Lighter. January 28, 2021 Page 40 CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record, unless you'd like to say something before he reads it? MS. LIGHTER: No, sir. I agree to everything. CHAIRMAN KAUFMAN: Okay. MR. SHANAHAN: Sir, for the record, Bill Shanahan, Collier County Code Enforcement. It's agreed between the parties that the respondent shall: Pay operational costs in the amount $59.28 incurred in the prosecution of this case within 30 days of the hearing; Abate all violations by removing all items not permitted for outside storage to a site designated for such use or stored desired items in a completely enclosed structure within 60 days of this hearing, or a fine of $100 per day will be imposed for each day the violation remains; Three, that the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you agree to that? MS. LIGHTER: Yes, sir. CHAIRMAN KAUFMAN: Any problems with the time frame on this? MS. LIGHTER: No, sir. MS. ELROD: Make a motion that we accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second to January 28, 2021 Page 41 accept the stipulation. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. MS. LIGHTER: Thank you. MR. SHANAHAN: Thank you. MS. BUCHILLON: And we're going back to Hearings. No. 4, CESD20200000285, Debra Sue Mays Ayala. (The speakers were duly sworn and indicated in the affirmative.) MR. LOPEZ-SILVERO: I do. MS. MAYS AYALA: Yes. MS. AYALA: Yes. CHAIRMAN KAUFMAN: Okay. We're going to begin with the county presenting its case, and then it will be your turn. MR. LOPEZ-SILVERO: Give me one moment. CHAIRMAN KAUFMAN: Okay, Steven. MR. LOPEZ-SILVERO: I'm trying to go paperless. Good morning. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is in reference to Case No. CESD20200000285 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). Observed a reroof of a dwelling, a 6-foot wooden fence, and an addition of an attached 5-by-10-foot screen porch all non-permitted January 28, 2021 Page 42 on improved residential property located at 593 North 9th Street, Immokalee, Florida, 34142. The folio is 73180200003. Service was provided on February 20th, 2020. I would like to present case evidence in the following exhibits: One picture taken on January 14th, 2020, the property card, and a street view image. On January 14th, 2020, I conducted a site visit and observed the mentioned violations. CHAIRMAN KAUFMAN: Let me stop you right there. You want to present those first? Have you seen the exhibits that he intends to show -- MS. MAYS AYALA: No. CHAIRMAN KAUFMAN: -- the property card, the picture? MS. MAYS AYALA: Is that the -- the only picture I seen was the one he took from my neighbor's yard -- MR. LETOURNEAU: This one right here? MS. MAYS AYALA: -- of the porch. MR. LETOURNEAU: That's the one he wanted to present. MS. MAYS AYALA: Is that the porch? Yes, sir. I can't see real good. I'm sorry. My eyes are bad. MR. LETOURNEAU: Yeah, it's a picture of the porch. MS. MAYS AYALA: Yeah. That was there before I moved in the house 20 years ago so, I didn't -- I mean, the porch has been there before I moved in the house. CHAIRMAN KAUFMAN: We'll get to that. He wants to present a picture. MS. MAYS AYALA: Right. CHAIRMAN KAUFMAN: And you have the right to object to that picture if it's not a true depiction of your property. MS. MAYS AYALA: Well, I'm not sure -- I object to how he took the picture and the circumstances of the picture. January 28, 2021 Page 43 CHAIRMAN KAUFMAN: Okay. MS. MAYS AYALA: I don't know what I'm supposed to -- CHAIRMAN KAUFMAN: Yes. MS. MAYS AYALA: I don't agree with how this went about, no, sir. CHAIRMAN KAUFMAN: Okay. That's not the question. We're asking, is that your property? MS. MAYS AYALA: That's my porch. Yes, it is. CHAIRMAN KAUFMAN: Okay. So you do have an objection to Steven showing us that picture? You can talk about it after he shows it, that it was taken, you know, 50 years ago or whatever it is. MS. MAYS AYALA: Yeah. I mean, it's a -- it's an extension that's on the house, I guess. I mean, that's all I've ever known was that there. I didn't know there was no permit taken out on it. CHAIRMAN KAUFMAN: We'll get to that. MS. MAYS AYALA: Yeah. CHAIRMAN KAUFMAN: Can we get a motion from the Board to accept or not accept? MS. ELROD: Motion to accept. MS. CURLEY: I'll second the acception (phonetic). I mean, it helps us to see it. MS. MAYS AYALA: Okay, that's fine. It's fine. I mean, I'm not opposed to it. It's there. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the photo, the card that shows your building; do you have that, too? MR. LOPEZ-SILVERO: It's on the -- on our drive there. MS. CURLEY: The aerial. CHAIRMAN KAUFMAN: Is there a problem now with having the county present these things? MR. LETOURNEAU: I would say that the property card is -- has full public access to anybody that wants to take a look at it. I January 28, 2021 Page 44 don't really think that it's an objectionable material. That's -- CHAIRMAN KAUFMAN: No, I don't think it's objectionable. I'm asking the question. In the past, whenever evidence is being provided, a copy is sitting at that podium, and they actually show it to the respondent, and for some reason -- you said you're going paperless. Is that part of -- MR. LETOURNEAU: Well, yeah. I'm running all the evidence that comes up on the screen right now. So Steven probably should have showed her this stuff before he got up here, you know, but I mean, you can come look at it right now if you want. MS. CURLEY: Let's do that next time. Let's make sure we have a picture for them, for anybody. MR. LETOURNEAU: Well, I mean, they bring their laptops. They have the same access that I do. MS. CURLEY: I mean for the customers. Let's just make sure that they can see it. MR. LETOURNEAU: Well, they can if the investigator has their laptop with them and they show them on their laptop right there. I don't think we need to print out the pictures. I just think that he should have shown it. You know, we'll work on this, obviously. But I've got it right here if you want to look at the property card. MR. WHITE: Point of order, Mr. Chairman. I don't believe there's any problem with the image being displayed before you move it into evidence per se. If you don't accept it into evidence, you just ignore the information that it provides. I understand there could be a question from the respondent's perspective about trying to unring the bell, but the point is, you have it, in a sense, in the packet, and whether you accept it into evidence or not is kind of a more legal issue. CHAIRMAN KAUFMAN: That's -- that was not my question. MR. WHITE: I understand. I'm just -- January 28, 2021 Page 45 CHAIRMAN KAUFMAN: This just seems to be a difference in procedure that the county is following now, and I was questioning if that procedure has changed. That's all. MR. LETOURNEAU: And we've been doing this for quite a while now. It's all been on my -- in an I drive, what we have here, and I'm the one that's been putting -- CHAIRMAN KAUFMAN: I understand. MR. LETOURNEAU: And in the past, yeah, we used to have pictures. We used to give it to them. But like Steven said, we are trying to get away from killing as many trees as possible. CHAIRMAN KAUFMAN: That's what I was asking. Unless somebody on the Board can tell me that I'm nuts, which is possible. MR. LEFEBVRE: (Raised hand.) CHAIRMAN KAUFMAN: I didn't mean that. MS. CURLEY: I just didn't think she wanted to snuggle up with him right now and look at his laptop. So that's the only reason I asked. CHAIRMAN KAUFMAN: We have a motion to accept the evidence from Steven. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So now you can -- whoever has it can show it. Okay. Do you want to describe what we're seeing. MR. LOPEZ-SILVERO: The screened area attached to the January 28, 2021 Page 46 house is the non-permitted addition or the screened porch, the 5-by-10, approximately. And this is -- this picture's taken from the neighbor's yard -- CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: -- onto the respondent's side yard. MS. CURLEY: Is that a front door with the black security gate? Is that a door entry to the home? MR. LOPEZ-SILVERO: It's an entry into the dwelling. CHAIRMAN KAUFMAN: I see the roof is the same as the top on -- on top of that extension. Is that the roof that was redone? MR. LOPEZ-SILVERO: Yes, this was part of -- the initial complaint was a reroof without permits, but they've since obtained permits for the fence and the reroof. MS. CURLEY: So what's the -- MR. LOPEZ-SILVERO: What's in question now is just the screen porch, the permitting of the screen porch. MS. CURLEY: Oh, come on. CHAIRMAN KAUFMAN: Was a permit pulled for that -- is it additional square footage to the house? MR. LOPEZ-SILVERO: It's not living square footage because it's open -- open space. MS. CURLEY: But was that roofline already there? So you're violating them for some screen and aluminum? MR. LOPEZ-SILVERO: From the images we were able to look for, roughly -- and this is the Property Appraiser's property card -- it shows this 5-by-10 screened-in area was added after 2012 when we have Street View images from Google. On or about 2007 that screened-in area wasn't there or didn't appear. MR. LETOURNEAU: So what Steven is trying to say is that, you know, Property Appraiser periodically goes out to these properties, redraws whatever is out there that's different from the last January 28, 2021 Page 47 time they were out there, and this thing popped up, what'd you say, 2012 on here? MR. LOPEZ-SILVERO: It does, 7/23/2012. MR. LETOURNEAU: Okay. And you checked aerials that say that it wasn't there in 2007; is that what you stated? MR. LOPEZ-SILVERO: Correct. MR. LEFEBVRE: There's aerials done every January for the county. MR. LOPEZ-SILVERO: Correct. MR. LEFEBVRE: So did you look back over each year and see -- you could -- you can archive -- they're archived, right? MR. LOPEZ-SILVERO: Right. MR. LEFEBVRE: So did you see, like, 2007 it wasn't there and then 2008 it was there? I mean, what -- MR. LOPEZ-SILVERO: Property Appraiser updated their web page, so you can only go back up to 2012. You can't go before that. No images will populate or will generate. MR. LEFEBVRE: Okay. MR. LOPEZ-SILVERO: So we use -- or I use Google Maps. They have aerial views and street views. From the street view you can see that the addition wasn't there in 2007. MR. LEFEBVRE: Okay. Okay. MS. CURLEY: Is that what this X is here, on this grid here, this X? MR. LOPEZ-SILVERO: On the grid area it will be on the left side. Right there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: What's the X indicate? MR. LOPEZ-SILVERO: That means that structure or that addition has been removed or no longer exists. CHAIRMAN KAUFMAN: Okay. Let me see if I can follow January 28, 2021 Page 48 this in simple terms. MS. CURLEY: The address is different on the bottom. It doesn't say north. MS. ELROD: Does the green encroach upon the setback? MS. CURLEY: This is like a witch hunt. MR. LOPEZ-SILVERO: Not that we're aware of, but I believe the respondent, as part of the permitting process, would have to get a survey to verify those setbacks. CHAIRMAN KAUFMAN: Okay. Let me continue where I started. So they needed a roof. I guess that's how it began. And they put a new roof on. And the neighbor said there was no -- or claimed there was no permit for the new roof that was put on the dwelling. MR. LOPEZ-SILVERO: Correct. CHAIRMAN KAUFMAN: Is that correct? MR. LOPEZ-SILVERO: That's correct. CHAIRMAN KAUFMAN: So Code Enforcement went out there and they said, yep, there's a new roof on here, and we don't show a record of the permit pulled to do the roof; is that correct? MR. LOPEZ-SILVERO: That's correct. CHAIRMAN KAUFMAN: And then while you're out there, you looked at the property card and saw that this area here that's screened in was not permitted ever. MS. CURLEY: You assumed that. MR. LETOURNEAU: No, we don't assume that, because there's no record of it in our files, and when the Property Appraiser sees a new structure like that right there -- MS. CURLEY: Why didn't, nine years ago when they submitted that card, somebody do that? MR. LETOURNEAU: They don't -- they don't contact Code Enforcement. They just note that -- they note that thing on there, they note that addition. And if there's a permit, it would have been January 28, 2021 Page 49 over here. The only permit on record for this property as far as Property Appraiser's know is the original 1973 permit, I'm assuming, for the original house. I don't think we went all the way back there. All we needed to see was that, yeah, this thing came up on Property Appraiser in 2012, and we saw a photo of it in 2007 and it wasn't there. So as far as Code's concerned, that's enough evidence to say that, yeah, this thing wasn't permitted because it's not in our files anywhere in CD Plus or CityView. Somebody said it was a witch hunt. It's not a witch hunt. We're just asking for a permit for this addition. MR. AMBACH: I'd like to add something, if I could, please. CHAIRMAN KAUFMAN: Sure. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement, Supervisor in Collier County. Just to clarify, there were three separate complaints: For the fence, for the roof, and for the addition. CHAIRMAN KAUFMAN: Okay. We're talking -- MR. AMBACH: Came from the same person. MS. CURLEY: This hearing is for the roof, right? MR. LETOURNEAU: No, we stated all three on the agenda and on the Statement of Violation, I believe. MR. AMBACH: That's correct. MR. LETOURNEAU: I believe two of the three have been taken care of, and now we're sitting here with this addition at this point. MS. CURLEY: So were you able to obtain a survey from the property owner? MR. LOPEZ-SILVERO: I have not. MS. CURLEY: So we really don't have -- like, you have a photograph, and then you have some scribble with a bad address on January 28, 2021 Page 50 the bottom. It doesn't designate north or south on that address, so you really don't have -- I mean -- MR. LETOURNEAU: The folio number matches up on top, though. That's the important part. The address doesn't mean that much. MS. CURLEY: It's like trying to kick them when they're down. I understand -- I understand exactly what he did, but I feel like this is -- like, I'd like to make a motion that a violation doesn't exist. CHAIRMAN KAUFMAN: Whoa, whoa, whoa, whoa, whoa, whoa, before you do. MS. CURLEY: I'm not saying I'm going to. I'm said I would like to, because I feel like this is, like, so minute and tiny, and, you know, it's like you kick somebody when they're down. CHAIRMAN KAUFMAN: Why don't we hear from the respondents. We haven't heard from them yet. We need to hear both sides. MS. CURLEY: I mean, it's -- CHAIRMAN KAUFMAN: That's to your point. Okay. Do you have anything else for us, Steven? MR. LOPEZ-SILVERO: A brief description. CHAIRMAN KAUFMAN: Go ahead. MR. LOPEZ-SILVERO: On January 14th, 2020, I conducted a site visit and observed the mentioned violations. I met with the property owner to advise of the violation and provide the directive action needed for compliance. The required building permit for the reroof and wooden fence have since been obtained. The screen porch remains non-permitted. Research of the property history revealed that the screen porch in question appeared after June 2011, more or less, and no building permit was obtained at the time. As of January 27th, 2021, the violation remains. January 28, 2021 Page 51 CHAIRMAN KAUFMAN: Okay. Now -- MS. CURLEY: Just one other thing. So normally you'd show us, like, aerials of the change-over, and do you have that for us to see? MR. LOPEZ-SILVERO: I have the Street View image of before and after. MS. CURLEY: No, the aerial like when we see when people clear land, we see -- we would be able to see that -- those -- that five feet on a roofline change, wouldn't we? MR. LOPEZ-SILVERO: On the aerial image from Property Appraiser that we use, there's not enough clarity in there, so I didn't bother to attach it. MR. LETOURNEAU: Can you describe what we're looking at here, Steven, with the Street View? MR. LOPEZ-SILVERO: Yes. The bottom image is -- or was taken December 2007, and the top image is -- or was taken January 2011. The addition in question -- this is the front of the house -- will be on the left side or on the side -- in the side yard, which you can see in the top image. MR. LETOURNEAU: See, it's right here, and then on the 2007 image it's not here, right. CHAIRMAN KAUFMAN: Okay. Why don't we hear from the respondent now regarding all of this. MS. MAYS AYALA: Debra Sue Mays Ayala. CHAIRMAN KAUFMAN: Are both of you going to speak? MS. MAYS AYALA: Can I look at this better, please. Oh, this is my daughter. CHAIRMAN KAUFMAN: Can you give us your name on the microphone. You can pull the microphone down because I can hear you better. MS. AYALA: Alexis Rae Ayala. January 28, 2021 Page 52 CHAIRMAN KAUFMAN: Okay. So let me give you a lead-in. You were contacted by Code Enforcement at some point in time, and then why don't you tell the story from there. MS. MAYS AYALA: I'm not sure what story you want to hear. CHAIRMAN KAUFMAN: Well, he showed up and said you have a problem. MS. MAYS AYALA: I can't -- can I look at that a little closer. CHAIRMAN KAUFMAN: Sure, you can. MS. MAYS AYALA: Because I'm kind of going blind, and I can't see real good. MR. LETOURNEAU: Let me see if I can make it a little bit bigger here. MS. MAYS AYALA: This porch was there before I moved in this house. I moved in that house around 2001. Now, I have changed some -- like, I put plywood up, you know, when the hurricane came. There was water being blown through the porch right into the -- MS. BUCHILLON: You can use this microphone. MS. MAYS AYALA: The porch has always been there. I have changed it cosmetically. I have put a different door there. I understand I needed to, but the porch has always been there, always. It's changed how it looks. CHAIRMAN KAUFMAN: So the floor in that area was there when you moved in, the slab? MS. MAYS AYALA: Yeah. It's not a slab. It's wood. MR. LEFEBVRE: Raised up. CHAIRMAN KAUFMAN: It's wood. MS. MAYS AYALA: Yeah. CHAIRMAN KAUFMAN: That was there? MS. MAYS AYALA: When you go into the porch, you go into the door of the house. It's been there. CHAIRMAN KAUFMAN: Okay. Let me cover the other two January 28, 2021 Page 53 items. I think we can go through those. And the Code Enforcement said to you that you -- they found a fence that was not permitted; is that correct? MS. MAYS AYALA: There was a fence that was put up from a previous -- a neighbor behind me. We both agreed to put up -- I put up half. He put up half. I assumed he took a permit out. CHAIRMAN KAUFMAN: Okay. MS. MAYS AYALA: Well, during the hurricane, the fence got blowed down. I replaced it. CHAIRMAN KAUFMAN: Okay. MS. MAYS AYALA: So, I didn't take out a permit. I just -- at the time we just put up a -- finished and put up the new fence. CHAIRMAN KAUFMAN: Okay. You repaired it because of the storm damage? MS. MAYS AYALA: Right. And the same thing with the roof. There was no structural damage from the hurricane. It was all just the -- CHAIRMAN KAUFMAN: Tile. MR. LEFEBVRE: Shingles. CHAIRMAN KAUFMAN: Shingles? MS. MAYS AYALA: Shingles, yes, sir. That was all that was replaced. We put new shingles, me and my boyfriend, because I couldn't afford $15,000. There's no way. So we did berries that year, thank God, and I put a new roof on there. He put a -- he did it, so -- and that was it. CHAIRMAN KAUFMAN: So the roof and the fence are not part of this. That's been remediated. MR. LOPEZ-SILVERO: Yes. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: It's a three-in-one complaint. Two of the issues have already been resolved. January 28, 2021 Page 54 CHAIRMAN KAUFMAN: Okay. So we're on the porch, if you will. MS. MAYS AYALA: Yes, sir. CHAIRMAN KAUFMAN: Or the screened lanai. I don't -- whatever word you want to use. MS. MAYS AYALA: Well, it's a little wider than this, and probably here to that thing. It's small. I don't know -- MR. LEFEBVRE: If I can ask a question, and this might be a hard ask. But would you have a survey from when you purchased the property or if you ever refinanced the property, if you have a survey. That would show what's on your property, and that would show if there's a lanai, for lack of better words, or screened-in porch. Do you have any of those documents? MS. MAYS AYALA: I have the original 1973. This home has been passed down to me. MR. LEFEBVRE: Okay. MS. MAYS AYALA: From my grandmother, my father, me. MR. LEFEBVRE: Yep. MS. MAYS AYALA: I have the original papers, like, 1973. MR. LEFEBVRE: Right. But I mean, do you have any kind of survey where someone came out and said this is -- MS. MAYS AYALA: No. MS. CURLEY: She's not going to if she bought it from a family member. They weren't going to go through the normal. MS. MAYS AYALA: No. The thing is, the neighbor that I'm dealing with, that's the problem with me, they ran a survey, and the other neighbor had done their survey. So I just assumed they put up fences on each side. I didn't think nothing of it. I mean, I'm financially unable to do one right now. I don't have it right now. MS. CURLEY: So there's two kinds of surveys. One's a survey that you do just when you're getting a fence, and they just ping the January 28, 2021 Page 55 property line so you can run your fence on your own, and then another survey would be one where it actually takes like an X-ray of your house, and it will show everything that was there. And usually if your grandma, whoever, had built that house, they would have had something similar to that, you know, in your family's files. MS. MAYS AYALA: I have the original papers. I'm not sure of how -- if it has a survey in it, but I'm -- I mean, if you would like to see it, that's what I have. That's -- I didn't bring it with, but -- CHAIRMAN KAUFMAN: Okay. MS. MAYS AYALA: -- I do have it. CHAIRMAN KAUFMAN: The county is asking for, what, a permit to be pulled on this area? MR. LETOURNEAU: That's correct. CHAIRMAN KAUFMAN: For a case that began -- MS. CURLEY: 1974. CHAIRMAN KAUFMAN: -- many, many years ago. MR. LETOURNEAU: For a case, did you say? CHAIRMAN KAUFMAN: For an item that looks like it dates back many, many years ago. MR. LETOURNEAU: I would say it dates back to no further than that Google picture on the bottom right there, which was, what, 2007, so, yeah, 14 years, yeah. CHAIRMAN KAUFMAN: That's a long time. MR. LETOURNEAU: Right, yeah. MS. CURLEY: The Google picture on the bottom, I know it seems like it's the same, but you have a tree in the way, you have -- it's just hard to see. It's not the same picture to picture. I mean, I'm -- CHAIRMAN KAUFMAN: When you put the two microphones together, they talk to each other. That's okay. MS. CURLEY: And you try and find the windows -- when you try and match the window to window, I mean, you know, it's just not January 28, 2021 Page 56 the same view. The car's there and everything, and it's just not the same. You know, it's not -- MR. LEFEBVRE: It isn't the same, but if you look in that back corner there, you can tell -- MS. CURLEY: You can't. We're not -- I mean -- MR. LEFEBVRE: You can look at the porch, and you can see something protruding out on the top picture versus the bottom picture. MR. LOPEZ-SILVERO: And we don't solely rely on these images. We also cross-reference with the property card where it shows it was added at one point. MS. CURLEY: It's just so unnecessary. MR. BLANCO: I have a question for the respondent. Did -- you stated that you didn't have -- you weren't able to request a permit because of your financial situation; is that correct? MS. MAYS AYALA: Well, that's what they're wanting me to do but -- and right now I'm having health issues, and I am not working. I'm going blind, and I don't have the means right now. MS. CURLEY: No, what she stated to me is that she didn't go get a survey like her neighbors did. That's what she said; she didn't have money to get a survey. We were talking about something else when she stated she didn't have the money to go. But I mean, I understand what the county's done, and I understand this position here, and I just think this is like, enough. It's just -- CHAIRMAN KAUFMAN: So it -- MS. CURLEY: This is a historical property. It goes way back in the family. This is just not -- CHAIRMAN KAUFMAN: This goes way back. If it was 2007 -- MR. LEFEBVRE: If it was 2007, we would definitely have a January 28, 2021 Page 57 record of the permit, because we have a file from CD Plus which ran approximately between 2000 and 2009, and then we got CityView. So all the records from CD Plus were -- all the permitting records and code cases and everything else were transferred over to CityView when CityView was brought online in 2008. Plus we also have another way to find the CD Plus records. So I think anything built after 2000 we have very good records of, very good. MS. CURLEY: But we don't have 100 percent sure [sic] of that. We've had people come up here and said they tried to go back and find records for pools built out in, you know, East Naples. MR. LETOURNEAU: Not -- yeah, before 2000, I would not say that we had real good records, you know, I'll be honest with that. I say a picture says a thousand words, though. That's all I've got to say. That bottom picture shows no porch on there in 2007, so I don't know how you could argue that there was one. CHAIRMAN KAUFMAN: What's the square footage of the porch? MR. LETOURNEAU: Well, I can go back to the property card here. MS. CURLEY: It's, like, 49 inches by 4 feet. It's a screen door and a foot. MR. LETOURNEAU: Let me go back to the property card here. MS. MAYS AYALA: I see the porch on the bottom picture. MS. AYALA: I can also see it on the bottom picture. MR. LETOURNEAU: You see -- MS. MAYS AYALA: It just has changed because we've painted it. I've added the front. It looks look -- now it looks more. It shows more. That porch has been there. I mean, I've lived in the house a long time. MS. CURLEY: I mean, she'd have to get engineering and do all January 28, 2021 Page 58 this and that, and that's going to end up costing this lady $15,000, if that, to fix something that was never a complaint. They took care of the original complaint. To go in there fishing and fishing for more things, I find, it just to be enough, especially things when -- if we were in a court, that's not enough evidence. There's no surveys. (Simultaneous crosstalk.) MR. LETOURNEAU: I think Supervisor Ambach didn't say -- I think Supervisor Ambach plainly said that the porch was part of the original complaint, correct or no? Was it? MR. AMBACH: Yes, that's correct. MR. LETOURNEAU: Okay. So we didn't go fishing. MR. AMBACH: We don't go fishing. We have on obligation and a duty, and I think -- I worked on this case with Steven, and I've been with this county for almost 18 years. I know what I'm looking for as far as permitting is concerned. I can't brush anything under the carpet. I have to go through the motions. As a matter of fact, when I spoke with Debra, she advised she didn't know she needed a permit for it, that her ex -- MS. CURLEY: All right. So don't testify on her behalf here. MR. AMBACH: I'm providing evidence. MR. LETOURNEAU: I want to say that this is Code Enforcement 101. We work with property cards on almost every permitting case we have. That's -- that's part of our main evidence right there. Why -- I want to ask you, why would the -- why would a person from Property Appraisers write in 2012 addition on there when they haven't seen it there ever? MS. CURLEY: I don't know. We should have him here to tell us why he did that and why -- and we should have the property appraisers here to tell us why they didn't take action on it and why we wait 14 years for things to come up, and now it's a hardship for these people, and it's -- this is -- just, to me, this is just -- January 28, 2021 Page 59 MR. LETOURNEAU: That's disingenuous, as far as I'm concerned, because we didn't -- Code Enforcement didn't wait 14 years. We got a complaint. So you're kind of putting the onus on Code Enforcement being the bad guys here, and we're just doing our job, so... MR. BLANCO: Mr. Chairman. THE COURT REPORTER: I can only get one at a time. MS. CURLEY: I'm not saying you're being a bad guy. I'm just saying there's just not enough evidence to force this lady to go through this financial hardship to do all these things. There's just not enough. There's no aerials. You haven't -- you haven't asked her for surveys. You've not, you know, gone back to her original plot and all that. There's just tons of stuff that's missing. And for us just to take the assumption by two Google pictures, which is hardly, you know, evidence, is just unfair for this person. CHAIRMAN KAUFMAN: Danny, you wanted to comment? MR. BLANCO: Yes, sir. I have a question for the county. Jeff, would you be able to tell us how much would it cost for the respondent to get this addition permit? MR. LETOURNEAU: I'm sorry, Danny. I couldn't answer that. I'm sure it's going to be -- you know, I would say a lot of money, probably, and the one part is that it might not even meet setbacks. Steven, what would be your opinion on that? MR. LOPEZ-SILVERO: It's hard to say without a survey. MR. LETOURNEAU: I mean, I'm not going to estimate a price. CHAIRMAN KAUFMAN: This is in Immokalee. From the pictures that you -- that were shown, it appears to be quite far set back. So the only setback, unless it's a side setback that we're talking about -- MR. LETOURNEAU: Yeah, side setback, is what I'm talking about, yes. January 28, 2021 Page 60 CHAIRMAN KAUFMAN: Okay. How far from the property line is it, et cetera? MR. LEFEBVRE: Once again, I don't know. MS. CURLEY: Like, three car lengths away. CHAIRMAN KAUFMAN: And if this was -- MS. MAYS AYALA: It's more than seven-and-a-half feet. MR. LEFEBVRE: Oh, it's seven-and-a-half feet? It's hard to tell. I can't tell from the picture. MS. MAYS AYALA: It's way out. MR. LETOURNEAU: Okay. I couldn't tell you how much it would cost, to be honest with you, Danny. CHAIRMAN KAUFMAN: So this probably could be done permit by affidavit. If you didn't own the property -- you didn't put this addition on, if you call it an addition, yourself. I don't know what -- MR. LETOURNEAU: That's going to be hard. If they owned the property back from 2000, and the Building Official looks at this and says, it looks like it was put in in 2007, 2008 or whatever, he's not probably going to be too keen on giving them a permit by affidavit, because all appearances look like it was put in during their ownership. CHAIRMAN KAUFMAN: Well, okay. So here we are. MS. CURLEY: Yep. CHAIRMAN KAUFMAN: Where do we go from here? Does anybody want to make a motion on this? MS. CURLEY: I'll make a motion that a violation doesn't exist. I just don't think there's enough evidence. I don't think there's enough evidence for us to try this case. I don't think there's engineer reports, and I think a Google picture is not enough. I understand the county's position to go out and do the job that they do, but I just feel like this is just a little bit too much. January 28, 2021 Page 61 CHAIRMAN KAUFMAN: So we have a motion that a violation does not exist. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Hearing no second, motion fails for a lack of a second. Do we have any other motion? MR. LEFEBVRE: Make a motion a violation does exist. CHAIRMAN KAUFMAN: Okay. We have a motion that it does exist. Do we have a second? MS. ELROD: I'll second it. CHAIRMAN KAUFMAN: We have a second. Okay. MR. WHITE: Point of clarification, Mr. Chairman. Would the motion maker and second agree that there's been testimony and sufficient evidence that at least two components of the violation have been abated, just for the purposes of clarity in the order? MR. LEFEBVRE: Yes. Let's -- I'll -- MS. ELROD: Amend. MR. LEFEBVRE: Thank you. That currently only one violation exists, which is the addition of the porch. CHAIRMAN KAUFMAN: Okay. Now, before we go forward, let me go to Steven. You have a suggestion, and then we will go on to what we want to do. MR. LEFEBVRE: Well, we have to vote on the motion before we -- CHAIRMAN KAUFMAN: Okay. All those in favor of the motion? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. January 28, 2021 Page 62 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Next. MS. CURLEY: Oh, I oppose, sorry. CHAIRMAN KAUFMAN: Okay. We have 5-1. What is your suggestion, Steven? MR. LOPEZ-SILVERO: The county's recommendation, that the Code Enforcement Board order the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required Collier County building permit or demolition permit, inspections, and certificate of completion and/or occupancy for non-permitted attached porch within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a -- correction -- a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. Okay. Now, we need to fill in two blanks, the amount of days for this and the fine after those days. MS. CURLEY: I'll fill them in. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: 3,650 days and zero dollars. CHAIRMAN KAUFMAN: Three sixty-five days. MS. CURLEY: 3,650 days, which is 10 years, and zero dollars January 28, 2021 Page 63 after that. If not, if you attach any money to that, it's going to be a lien, and it's going to eventually be a foreclosure, and the daughter's going to deal with this in 15 years down the line, and this is just -- there's other ways to handle this, and I just feel like -- that fills in the blanks. CHAIRMAN KAUFMAN: Okay. Do we have a second on Ms. Curley's fill in the blanks? (No response.) CHAIRMAN KAUFMAN: Do you have the 59.28 paid in 30 days? MS. CURLEY: Yeah, pay 59.28 in 30 days. CHAIRMAN KAUFMAN: Anybody want to comment on that or second that? MR. BLANCO: Mr. Chairman, if I may comment. Just a point of clarification -- and I believe Jeff is going to back me up on this. I don't see any situation where the county would foreclose on the respondent's property because of this violation. MS. CURLEY: No. But, Danny, over the -- when it doesn't get resolved and the 50 or $100 a day accrues for the life of the loan, then the property passes down to this fifth generation, and this gal's harnessed with a $48,000 lien in 10 years because it's been not -- because the means to effectively correct this to the 2021 standards aren't there for them -- (Simultaneous crosstalk.) MR. BLANCO: Just so the respondent understands that we're not imposing a lien at this moment. We're just -- we're trying to figure out how much time she needs to figure out the situation. I look at her right now, and I don't want you to think that, you know, this board's going to impose any fees or any lien on your property at this moment. We're just finding you in violation. We're going to give you X amount of time to, you know, find a solution. And you can January 28, 2021 Page 64 always come back to this board and request, you know, those fees, if you get the violation abated, you know, to be waived. So, you know, there's plenty of avenues for you to pursue. And, you know, Jeff, I don't -- I really don't know -- I don't see the county trying to pursue any foreclosures on this property. MR. LEFEBVRE: Well, I've been here 23 years, and we've only foreclosed on two people, and that was due to, you know, extenuating circumstances, to be honest with you. There's means to go about even -- you know, come to the imposition, you guys will have a say at that point if they don't take care of the violation. Even if you impose, down the road they can go before the -- they can, you know, claim a hardship, go before the Commissioners, and, you know, work out a deal at that point. And I understand, you know, this is a tough situation. CHAIRMAN KAUFMAN: Is this property homesteaded? MS. MAYS AYALA: Yes. CHAIRMAN KAUFMAN: Then nobody can foreclose, period. MR. LEFEBVRE: Exactly. MS. CURLEY: Right, but it's -- MS. MAYS AYALA: I'm not in good health, sir. MS. CURLEY: -- the family's legacy. It's going to go down to their daughter, to the next one. This is just -- we are a board of peers here, and this is the second time we've flexed our finding muscles as if that's going to have some sort of effect other than cause more stress and duress on a family. CHAIRMAN KAUFMAN: Let me comment on the amount of time and the fine. I certainly -- if I was going to make a motion, I'd make it for a year, 365 days, and I'd make the amount of fine small, $5, whatever, and then at that time, in one year from now, we can revisit this. So we didn't get a second on three thousand -- January 28, 2021 Page 65 MS. CURLEY: Why does there have to be a fine? The reason we use money is to -- usually it makes people -- you used to say, you put a fire under people when they know there's money on the line. That's not going to help. This is just going to burn this lady's soul by having her know that $5 a day is a lot of money at the end of a year. CHAIRMAN KAUFMAN: So we're not talking the days; we're talking about the money? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. Anybody want to comment on my suggestion? MR. BLANCO: I'll make a motion on that, Mr. Chairman. Three hundred sixty-five days from this hearing or a fine of $5 per day. CHAIRMAN KAUFMAN: After that? MR. BLANCO: Yes. CHAIRMAN KAUFMAN: Okay. I'll second your motion. MS. CURLEY: That's $1,825 a year later. CHAIRMAN KAUFMAN: No. It's zero a year from now. MS. CURLEY: Yes. CHAIRMAN KAUFMAN: It's zero. MS. CURLEY: So she's going to get a chainsaw and cut off that part of her new roof. CHAIRMAN KAUFMAN: No, the roof is done. The roof is not part of this. The only part of this -- MS. CURLEY: There's the roof that covers the screen patio. MS. MAYS AYALA: I'll have to take it off, and it's going to damage. MS. CURLEY: I looked at the pictures. CHAIRMAN KAUFMAN: Steven, is the roof part of this motion? MR. LOPEZ-SILVERO: No. January 28, 2021 Page 66 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: The cantilever section isn't just the six pieces of screen around it? It's not the floor? MR. LOPEZ-SILVERO: The screen porch and everything that includes. MS. CURLEY: Which is the roof, which is the floor. MR. LETOURNEAU: I would say that since the roof has been CO'ed and permitted, if they can find a way to remove the actual structure underneath it without damaging the roof, that would be -- that would be in compliance at that point. CHAIRMAN KAUFMAN: Okay. So they could take the floor out and take the screen out. MR. LETOURNEAU: You know, obviously, they're going to have to probably replace, you know, the wall behind it right there. MS. CURLEY: Or in the next year she can bring in all the evidence she has from her family on the paperwork for that, and the county can pull up the original building, since they claim they have all the records, and somebody can see if there's actually really a true violation. CHAIRMAN KAUFMAN: So we have a motion on the floor, 365, with a fine of $5 a day after that. Any other comments on that motion? MS. CURLEY: Would you change it to a dollar, Danny? Money is not the point of the motion here. MR. BLANCO: And that's my point exactly. And I just wanted the respondent to understand that we're not imposing any fines whatsoever right now. You have a year from today to try to figure out possible solutions, and then you can come back to this board, and we can address this at that point. So we're not imposing any fines. No one is going to foreclose on your property, you know. And you can meet with Steven later on, and he will give you plenty of options January 28, 2021 Page 67 for you to pursue. And I'm confident that you'll be able to find a solution in a year. And if you don't, you know, we're always open, you know, to hear your case again and extend another year or whatever X amount of time you might need at that point. MS. CURLEY: Okay. Could just make it two years. I mean, the motion's open. CHAIRMAN KAUFMAN: We have the motion. We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So you have a year to figure out what to do. If after a year you don't figure it out, I would suggest you come back to the Board and say, we couldn't figure it out, can you give me more time or something to that effect. Okay. MS. MAYS AYALA: Yes, sir. CHAIRMAN KAUFMAN: The only thing that you are obligated to pay are the court costs, which is $59.28 that should be paid within a month. If that's a hardship, we can extend that 30 days to even a later date. Is 30 days okay? MS. MAYS AYALA: I'm going to try my hardest, sir. CHAIRMAN KAUFMAN: Okay. All right. We're done. MR. LEFEBVRE: Can we just reopen this and just change the -- the operational costs, can we change those? CHAIRMAN KAUFMAN: I don't think you can change those. January 28, 2021 Page 68 MS. CURLEY: You mean absorb them? MR. LEFEBVRE: No, no, no. I don't mean change the operational -- change the date on when those are due. MR. LETOURNEAU: Yeah, you can always change the date when something's due, yes. CHAIRMAN KAUFMAN: Yes. MR. BLANCO: I'll amend my motion to grant the respondent 90 days to pay the operational costs. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: We've got to revote on that. MS. CURLEY: Somebody second that. MR. LEFEBVRE: Second that. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: We'll call this a modification of the original motion. MR. LEFEBVRE: But the original seconder has to agree to it. MR. BLANCO: Yes, I believe that was Mr. Kaufman. CHAIRMAN KAUFMAN: Yes, I agree. Okay. So all those in favor of -- MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have three months to pay the 58 -- $59.28, okay. We wish you all the best. MS. MAYS AYALA: Thank you. January 28, 2021 Page 69 CHAIRMAN KAUFMAN: And I'm sure Steven will work with you to see what can be done that's the least painful financially. Okay. MS. MAYS AYALA: Yes, sir. CHAIRMAN KAUFMAN: Thank you. It's now time for the court reporter break. We're going to take a break. We'll be back here at -- it's 10:48. Make it 11:00. Is that right? Okay. (A brief recess was had from 10:48 a.m. to 11:03 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Hail, hail, the gang's all here. Okay, next case. MS. BUCHILLON: Next case, No. 9, CEPM20190000162, Betty J. Slamans and Jon David Steele. (The speaker was duly sworn and indicated in the affirmative.) MS. GIGUERE: I do. MR. WHITE: Point of order, Mr. Chairman. I know that the last time we had an attorney up here -- and I'm familiar with Mr. Thornton as being of counsel in this matter. I just want to clarify for the Board's information that as long as an attorney is simply going to make legal argument, there's no requirement that they would be sworn; however, whenever an attorney crosses into testimony about facts into evidence that you will weigh, it is my opinion that they should be sworn in that regard. So if the Chair would prefer to inquire of an attorney before the oath is administered and to ask if they intend to testify as to any factual evidence that you may consider, then at that point the attorney should be advised they, too, need to be sworn. If they're not willing to do so -- CHAIRMAN KAUFMAN: I think it's just easier to swear everybody in and be done with it. I don't have to ask any questions. MR. WHITE: I swear to that myself. January 28, 2021 Page 70 CHAIRMAN KAUFMAN: Okay. Swear everybody in. First of all, you have to swear attorneys in. We don't know if we can trust them. (The speaker was duly sworn and indicated in the affirmative.) MR. THORNTON: I do. MS. GIGUERE: All right. Good morning. CHAIRMAN KAUFMAN: Good morning. MS. GIGUERE: For the record, Vicki Giguere, Collier County Code Enforcement. This is in reference to Case No. CEPM20190000162 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22-231(12)(c), roof fascia damage from Hurricane Irma located at 109 Enchanting Boulevard, Naples, Florida, 34112, Folio 31142502189. Service was given on January 28th, 2019. I would like to now present case evidence in the following exhibits: Four photos taken by myself on January 8th, 2019, two photos taken by myself on August 27th, 2020, and one photo taken yesterday on January 27th, 2021. CHAIRMAN KAUFMAN: Okay. Have you -- Counselor, have you seen these photos? MR. THORNTON: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection? MR. THORNTON: No, sir. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept them. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. January 28, 2021 Page 71 MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. GIGUERE: And while you look at these photos, I'll go ahead and start my presentation. It's a little lengthy, as this case dates back a couple years now. So the case originated as a complaint from Sunburst Management Corporation. I made a site visit to the property on January 7th, 2019, and observed a blue tarp over the roof of the home. CHAIRMAN KAUFMAN: Let me stop you one second. MS. GIGUERE: Absolutely. CHAIRMAN KAUFMAN: Who was that company? MS. GIGUERE: Sunburst Management Corporation. CHAIRMAN KAUFMAN: So they manage this -- MS. GIGUERE: Correct, the property management company for this neighborhood. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: There was no one at the property at the time of my visit, so I left a tag with my card attached. I received a voicemail from the owner, Mr. Steele, on January 11th, 2019, and we spoke back and forth for the next few days. He informed me that he was receiving help from his church to fix his home that was damaged in the storm. He was simply in his line -- in the line waiting for his turn. In the meantime, all the leaks and damages had been fixed, and the January 28, 2021 Page 72 tarp was covering the roof as extra precaution. On January 25th, 2019, I received a call from Angelica with United Church. She informed me that they had been in constant contact with the owner in trying to get the funding to repair or, better yet, replace the mobile home. The owners were not eligible for FEMA, so the church was stepping in to help. I posted the notice of violation on January 28th, 2019; told the owner we would continue to try to work with them. I kept in touch with Angelica every month in efforts to update the case. They were obtaining multiple bids on what to do with the home. By June of 2019, Angelica was no longer in the position. In August of 2019, Supervisor Mucha spoke to Maria, who was the new disaster case manager, and said that the property had been inspected by Rebuild Florida, and they were awaiting on their determination. The case was withdrawn from hearing at that time for compliance efforts. I followed up with Maria and her coworker James. They informed me at the beginning of October 2019 the home was re-tarped and will continue to be re-tarped on a regular basis as they continue to work on repairing or replacing it. The case was withdrawn from the February 2020 hearing after a phone call from attorney stating he was working with the owners to get them the new home as soon as possible. After not much progress, the case was then again scheduled for August 2020, was pulled from that hearing after the attorney informed us that the property was set to be sold or demolished by the homeowners association by October. As of today, the property remains, consistently being re-tarped. No permits have been applied for to fix or demo the home, and I will let Attorney Thornton fill you guys in on the status of the owners. CHAIRMAN KAUFMAN: So what's changed is -- from the beginning is the color of the tarp. January 28, 2021 Page 73 MS. GIGUERE: Pretty much. CHAIRMAN KAUFMAN: Okay. MR. THORNTON: Good morning. I'm Chris Thornton. I'm with Thornton Law Firm. I'm representing John Steele today. The property is actually owned by Mr. Steele and Betty Slamans, and she's not with us today. She has had some very serious health issues. At the very beginning of this case, she was competent to talk to me. Since that time she has become incompetent. She's been in Lely ManorCare for a while. So I'm only here for John. I can't really represent her anymore. She can't speak anymore. She's been in Lely ManorCare for, I think, two years. This matter's been going on since Irma. So just -- I just want to make sure for the record I'm not representing her. But she is -- they own the property together. He has been her caretaker for a long time. They're just family friends. The property -- the roof was damaged in Irma. Obviously, that's not Mr. Steele's fault. He's doing the best he can. When he did have the damage -- and I have some additional photos that might help, too. I don't know if I can show them to you. Basically, they look like that. The property was damaged, the roof was damaged, and we're not fighting that. Mr. Steele sought assistance, because he couldn't afford to fix the roof. He ended up talking to the people at UMCOR. It's not United Church. It's United Methodist Commission On Relief. I happen to go to the Methodist Church, and it's just a worldwide thing that the United Methodist Church does. So he ended up with UMCOR, and he went through their application process. He qualified financially and they said, however, you are going to have to go first get denied from Rebuild Florida, because if Rebuild Florida will give you FEMA money to fix this, then we're not going to do it for you. January 28, 2021 Page 74 So he got those applications in. He qualified financially. Rebuild Florida told him that he qualified and they would give him a brand-new mobile home, but eventually -- and all this takes time. All this takes a lot of time. Eventually, they told him they would not put his new mobile home on this lot because of the flood status, as it's not -- it's not -- and they would not let -- they wouldn't raise it up. They wouldn't put it there at all because of the base flood elevation of the site, and that he needed to go find a new site. Well, he can't afford that. And that's kind of where it is now. He's in an approval status with Rebuild Florida. They want to give him a new mobile home, but they won't put it here, and he can't afford a new lot. So he's living in this house, and basically it looks just like that now except it's got a very nice-looking white tarp on it. So -- and I think things also got slowed down with Rebuild Florida when -- I forget the name of the hurricane that happened in Mexico Beach in the panhandle, but they kind of diverted all their resources up that way. So it's just been a very slow process. But he is in a state program called Rebuild Florida. He has been approved. I think I've given some of that correspondence to the County Code Enforcement people. I've had Rebuild Florida write letters on his behalf saying, yes, he is in our process and, yes, he is approved in our process and, yes, we will eventually do this for him. I think it's UMCOR who's been replacing his tarps. I think they do it every three months. And, at the same -- before Code Enforcement was involved, his -- the Mobile Home Cooperative Association, the neighbors were complaining, and Sunburst is the management company, and they filed an arbitration action against him and Ms. Slamans which resulted in an impasse and did not -- we basically defended it off. The association has now filed a lawsuit in Circuit Court to evict Mr. Steele and Ms. Slamans and for damages, and that case is pending. I have filed an answer in that case. January 28, 2021 Page 75 And I don't -- I'm not -- we're not disputing the facts. The facts are the facts. The pictures are there. If he could afford the -- we think it's 12- to $15,000 to put a new roof on this thing plus put back the -- there are two, like, aluminum porches that got blown off. So if he could afford that, he would. And he will -- we didn't -- he didn't want to waste the money. It's a lot of money to him. He didn't want to waste it because Rebuild Florida was going to give him a new mobile home. The settlement that we did -- we did have a settlement. Actually, I negotiated a settlement agreement with the association. They were going to buy us out, and that -- he could use that money to move, but that didn't work because of Ms. Slamans' mental status. She's on the title. I couldn't sell the property without her signing the deed, and she's not able to do that. So at this point we're just asking, really, for time. I can't promise anything. I'm hopeful that Rebuild Florida will eventually tell us, here's your FEMA money for your new house. I don't know how fast that can happen. We've been waiting on that for a long time. And I know you have, too. So we're basically asking for six months to a year, maybe more time. It's been a long time already; I recognize that. But he doesn't have the money to fix his roof, and unless I can get the money to fix the roof or Rebuild Florida to come through or if I can get him appointed as a guardian and do the settlement deal that I made through the court systems, all those ways could resolve this. But it doesn't happen fast, and we just keep crossing our fingers that Rebuild Florida will come through. It just hasn't happened yet. Mr. Steele is here today if you'd like to talk to him. CHAIRMAN KAUFMAN: It's up to you. Any questions of the respondent? MR. LEFEBVRE: I have a couple questions. The ownership of January 28, 2021 Page 76 the property, is that owned by the mobile home or is that owned by Mr. Steele? MR. THORNTON: So I'll give you a short -- MR. LEFEBVRE: Just a little bit of clarity. MR. THORNTON: -- a short lesson in cooperative. MR. LEFEBVRE: Okay. It's cooperative. MR. THORNTON: The condominium, the -- say there's 100 units. Condominium people, they own their unit and they collectively own the common elements. The association owns nothing. In a homeowners association, you own fee simple to your lot, and the corporation owns the common areas. In a cooperative, the cooperative owns fee title to all the land, they lease you your lot, and in this case you own your mobile home under a 99-year lease. So it's a cooperative that owns title to all the land and everybody -- all they really have is a lease and right to occupy a lot. But it qualifies for homestead in Florida, and it's -- I would call it owning real property. It's a cooperative unit that is a piece of real property. MR. LEFEBVRE: Yes. MS. CURLEY: I have two questions. MR. THORNTON: Yes, ma'am. MS. CURLEY: Is it his homestead? And can't he just put a new homestead on stilts there, or will that association not let him? MR. THORNTON: It is homesteaded. He and Mrs. Slamans have lived there together for a while. It's jointly titled in their names. This mobile home, I believe, dates from the '60s. The way it sits now, it doesn't have to be raised. I tried very hard to convince Rebuild Florida -- and I've been in communication with the director. His name is Reginald Dixon. I've been in communication with the January 28, 2021 Page 77 people all up and down Rebuild Florida. He's approved for a new mobile home, but you won't put it here because of the flood zone. Why don't you just put it on blocks and put it above the base flood? I couldn't get them to do it. I don't know why. Something about the state program and how they spend their money, and they just wouldn't do it. But if Mr. -- if Mr. Steele had the money, he could haul that away to the dump, buy a new mobile home, put it in with building permits, and, yes, it would be higher. The new ones in the place are higher. CHAIRMAN KAUFMAN: So the -- nobody can put a mobile home on that lot at that level; is that correct? MR. THORNTON: Right. MS. CURLEY: Wait, unless you do it on your own? MR. LEFEBVRE: No, no. MR. THORNTON: That home can stay there like it is. CHAIRMAN KAUFMAN: But you can't put a new one at that level. MR. THORNTON: It would have to be raised to BFE. MR. LEFEBVRE: So Rebuild Florida, is there issue with the expense of raising it, or they just -- if you were to come in or your client would come in and raise it up, do the block stem wall, basically, build it up, would they come in and put the mobile home on top of -- MR. THORNTON: No. There's two things: One is, they don't quite understand the nature of cooperative ownership. MR. LEFEBVRE: Okay. MR. THORNTON: They did not want to give a mobile home unit and place it on fee simple land owned by this company that's not John. And I went -- I did the same explanation to them about what cooperatives is. It didn't help. January 28, 2021 Page 78 MS. CURLEY: And is the grant money, like, earmarked where it -- MR. THORNTON: It's earmarked. It's FEMA money that's earmarked for hurricane, and they're spending it -- I don't know what they're spending it on, but they're not spending it on his mobile home. And -- MS. CURLEY: I have another question. MR. THORNTON: And then -- and then when they found out that the site was low, they said, well, we're not going to put it there anyway no matter who owns it. MR. LEFEBVRE: So then that should be a denial, I would think, right? MR. THORNTON: Well, they've told him to go find another lot. They want to give him a mobile home and put it somewhere on his property, but he doesn't have any property besides this. MR. LEFEBVRE: Does the cooperative have any other parcel that would be suitable to put his home on, not that site but within the cooperative? Is there any land that's above the base elevation? MR. THORNTON: As far as I know, the whole place is at the same elevation. MR. LEFEBVRE: Okay. MR. THORNTON: And that all the lots are privately owned, just like his. Privately leased in a cooperative form of ownership. MS. CURLEY: So, basically, it's a bad investment. MR. LEFEBVRE: To me it sounds like you need to get a denial from Rebuild Florida, and then you can move on with Methodist Church. CHAIRMAN KAUFMAN: It seems to me that the best solution is to fix the roof. MR. LEFEBVRE: Yeah. MS. CURLEY: I have a question. What happens to the January 28, 2021 Page 79 agreement with Rebuild Florida and all these pending freebies if Betty passes? MR. THORNTON: If Betty passes, everything stays the same. Title automatically goes to him because they own it as joint. MS. CURLEY: Including the application approvals that he has in place? MR. THORNTON: Yes, he qualifies. CHAIRMAN KAUFMAN: So this is JTWROS? MR. THORNTON: He has been a -- yes, he has been a county bus driver since about '17 with the county bus system. MS. CURLEY: Can we poll the audience and see if anybody has any free property they want to loan? Give away? MR. LEFEBVRE: Okay. We're -- MR. THORNTON: Mr. Kaufman, you know, five, 10, 15 grand to put a new roof on that would resolve the problem. CHAIRMAN KAUFMAN: And wouldn't that be cheaper for them than to put a whole new mobile home irrespective of the height? MR. THORNTON: Yes, it would. CHAIRMAN KAUFMAN: Government at work. MR. LEFEBVRE: So we have to make -- is there a violation or not is what we're -- CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: -- looking for. MS. CURLEY: It looks good to me. MR. LEFEBVRE: I make a motion -- CHAIRMAN KAUFMAN: That a violation exists? MR. LEFEBVRE: Thanks for putting words in my mouth; yes. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a second. All those in January 28, 2021 Page 80 favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation exists. Let's see what the county recommends. MS. GIGUERE: The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for roof/fascia repairs within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So you think that you should have this hopefully resolved within six months. MR. THORNTON: I hope so. MR. LEFEBVRE: I make a motion -- January 28, 2021 Page 81 CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: -- that 59.21 be paid within 60 days, give the respondent 360 days, or a $50 fine will be imposed. CHAIRMAN KAUFMAN: And at that time if it's not done, they could come back. MR. LEFEBVRE: Absolutely. That's a given, yes. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Counsel -- CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. BOWMAN: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. WHITE: Just a point of clarification. It was 360? MR. LEFEBVRE: 360; three, six, zero. MR. WHITE: Thank you. MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: The one question I have on the recommendation; there's nothing there that would show removal of this trailer, right? MR. LEFEBVRE: No, demolition or -- CHAIRMAN KAUFMAN: Demolition, okay, replace it with another one. All right. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. January 28, 2021 Page 82 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Counselor. MR. THORNTON: Thank you. MS. GIGUERE: Thank you. MS. BUCHILLON: Next item on the agenda under Motion for Imposition of Fines, No. 3, CESD20200001254, Jean Fortin. (The speakers were duly sworn and indicated in the affirmative.) MR. FORTIN: Nothing but the truth. MR. SHORT: I do. CHAIRMAN KAUFMAN: Okay. Before we read the imposition into the record, do you have something you'd like to say? MR. FORTIN: Yes, Your Honor. That young lady I was talking to, she have, like, a -- she said she have a room in a house. It's a $600 a month. And right now, Your Honors, I'm paying mortgage, and I'm try to build the house. My finances does not qualify for me to pay her the $600 a month. So what I'm asking the Court is, please give me extension, you know, to say I finish my house, then I can tear the shed down. By the safety, the safety on that shed, Your Honor, I'm a carpenter. I build -- I build house. I know how the house is built, because that shed, I have a four-foot deep and the concrete with a post every four foot. And then the stud -- I have it every two foot on the stud, and then I put the hurricane clips on that stud up and down. The strap that is strapped down to the footing tie, and then I run a 2-by-6 on the bottom for the -- you know, on the floor. You know, I'm the carpenter. I know what inspector need; you know what I'm saying? CHAIRMAN KAUFMAN: What's important at this stage is when you can finish your project. MR. FORTIN: About six months, Your Honor, please. January 28, 2021 Page 83 CHAIRMAN KAUFMAN: Okay. So that's what you're asking the Board for, an extension of time? MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: Okay. Eric, do you have anything to -- MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. Again, the county is going to object. We're not comfortable allowing someone to continue to live in a shed. MS. CURLEY: Well, didn't he say he was living in his car, sleeping in his car? CHAIRMAN KAUFMAN: So it's very important, the main complaint from the county is your living condition, not when you can finish the house. I understand that when you finish the house you'll be able to live there. MR. FORTIN: I live -- when I finish the house, you know, because sometimes you have to be suffer -- you have to be suffer to go through things, because I'm -- you know, I'm a working man. You know what I'm saying? And it's hard for me right now, because it's not money I have because I'm building the house. I have the knowledge to build a house. I know how to get the stuff from the job site they throw away, so that's what I'm building my house with, pretty much of it. It's not the money. It's just the knowledge. So if you give me a little bit time, you know, I got the funds -- I got to sleep. I can't go sleep in the car. I can't go sleep under the highway. I build that as a house, not as a shed but to consider it a shed. And that built as a house built, you know what I'm saying. So give me the -- if you give me the time, and then after that, I'll get rid of it. MS. CURLEY: Excuse me. Would you -- have you considered getting a permit for the shed now? January 28, 2021 Page 84 MR. FORTIN: I try. I try to get the permit. I tried to get the permit, and then they did -- they throw me down. MS. CURLEY: No, no. Let's -- has there been a permit put in for this shed's approval? MR. SHORT: Yeah. Back when he originally attempted to get a permit, it was -- CHAIRMAN KAUFMAN: That was because the property was separate. MR. SHORT: Correct, it was separate folio. MS. CURLEY: But now that you've joined the properties together -- MR. FORTIN: Yes, I do. MS. CURLEY: -- then I think you should readdress your permit where then this would take care of half of this violation. You have a violation here. You have a shed that's not permitted, and then you have a human that's living in it. So it would make us feel better if you would at least go back with your permit and present to them that you joined the two pieces of property and, based on what you said, it seems like you would be able to get that shed approved. And that is something I think you should work on. MR. FORTIN: I will try again. I'll try again. Just -- MR. SHORT: And I've spoke to Mr. Fortin about this; where the shed currently sits, it does not meet setbacks. MS. CURLEY: Even with the two properties joined? MR. SHORT: There's an aerial I have in the file if you'd like to take a look at how it's positioned. MS. CURLEY: No. CHAIRMAN KAUFMAN: It's on one side of the property. MR. LEFEBVRE: But further to that, how can you have an accessory unit without a CO on a -- MR. SHORT: Correct. January 28, 2021 Page 85 MR. LEFEBVRE: -- right, on a primary residence? MR. SHORT: That's another issue. MR. LEFEBVRE: So you're not going to -- it doesn't matter. MR. SHORT: The shed wouldn't get -- he could get a permit issued, because he has an active permit for the home, but one wouldn't get finaled without the other. The shed wouldn't get finaled without the CO of the home. CHAIRMAN KAUFMAN: If there was some way of finding someplace where the respondent could live while he finishes his house would solve the problem, temporarily. That doesn't solve the no permit problem, but it solves the health and safety problem. MS. CURLEY: So part of building a house is affording everything up until you move in. And so part of your house expenses is finding a place to live that's safe and you won't be in danger. So you have to incorporate those living expenses, including your construction fees. So it's something you must do. MR. FORTIN: I've got a question. Is that the permit is a safety or a builder know how to build it is a safety? CHAIRMAN KAUFMAN: No, it's not how you built it. It's you're living in a place that is not suitable for someone to live in. Do you have a bathroom there? MR. FORTIN: I have a bathroom in the -- CHAIRMAN KAUFMAN: No, no, no. Do you have a bathroom in the shed? MR. FORTIN: No. No, sir. CHAIRMAN KAUFMAN: Okay. So you can't live in a place without a bathroom. MS. CURLEY: And just let's -- the worst-case scenario, if it caught fire and you died, it would be -- Jeff would be in trouble for it. MR. SHORT: Not at this point. CHAIRMAN KAUFMAN: Again -- January 28, 2021 Page 86 MS. CURLEY: So that's the way it rolls here. MR. LEFEBVRE: Okay. So -- MS. BOWMAN: I mean, can he sign a safety waiver? MR. LEFEBVRE: Here's the problem. We always like to keep cases within our area so it doesn't go -- if we impose the fines, then you have to go to commissioners to have the fines removed. So we're here either to impose a fine or to give you a continuance, and -- MS. CURLEY: And here's something to remember: Since he's not living in it technically, his homestead's going to disappear this year. CHAIRMAN KAUFMAN: Continue. MR. LEFEBVRE: That's not -- but what I'm trying to get, that's the dilemma we have is -- or at least the dilemma I have is I'd like to keep it within the Code Enforcement, but I want to see this violation taken care of. And, again, money's not going to be the motivator, and imposing a fine I don't think is going to be the solution. So I'm kind of -- CHAIRMAN KAUFMAN: If a fine is imposed, it can be un- imposed at some point in time. MR. LEFEBVRE: But not by us, by the commissioners. CHAIRMAN KAUFMAN: Well -- MS. CURLEY: Can we extend this? CHAIRMAN KAUFMAN: Can we what? MS. CURLEY: Can we extend it or whatever the word you use? CHAIRMAN KAUFMAN: Continuance. MR. LEFEBVRE: Continuance or extend? Continue, the fines keep accruing. Extension, the fines stop until that date that we give; three months, six months, whatever. But what I'm trying to get at is he can't live there is what it comes down to. January 28, 2021 Page 87 CHAIRMAN KAUFMAN: Right. That's the problem. MR. LEFEBVRE: So imposing the fines isn't really going to solve that, but not imposing those fines, it's basically signing off saying it's okay for him to stay another six months. CHAIRMAN KAUFMAN: So you're damned if you do and you're damned if you don't. MR. LEFEBVRE: Thank you very much. MS. CURLEY: Well, there's paragraphs in these that states, you know, if people don't comply, then they send the sheriff in to enforce compliance. CHAIRMAN KAUFMAN: They can. MS. CURLEY: That's not our responsibility. That's the county's responsibility. I sort of wish this was two violations, one's for the unpermitted shed and one for a living-condition issue. We've addressed those separately. MR. LEFEBVRE: I don't think -- MR. SHORT: It was a two-part order. MR. LEFEBVRE: Okay. It just puts us in a very difficult dilemma, but we have to look out for safety. Financially, someone's financial -- CHAIRMAN KAUFMAN: Can we do the solution in two steps? In other words, give a continuance on the permitting of the shed, but -- MR. LEFEBVRE: But that's rewriting our order. CHAIRMAN KAUFMAN: No. We could do that; is that correct, Eric? MR. SHORT: You could. CHAIRMAN KAUFMAN: Okay. So you could do a continuance on the shed. You know, I don't care -- you can get the permit in a week or a month or three months, but you can't continue to live there. January 28, 2021 Page 88 MS. CURLEY: He just told us that the permit -- the shed can't get permitted because of setbacks, so for us to pretend like we just didn't hear that doesn't work. MR. SHORT: That's true. He could relocate it on the property. If I could clarify a little bit, there's -- the last time he came here and asked for a continuance, it was premature because he claimed he had moved out of the shed. CHAIRMAN KAUFMAN: Right. MR. SHORT: An affidavit of compliance was done because he claimed that on the record. We believed him. We did our affidavit of compliance. Those fines did not accrue. A site visit Monday -- or Tuesday night around 10:00 confirmed that he was, in fact, living in it again. He's testified today that he's been living in it, sleeping in it. MR. LEFEBVRE: So would that almost be like opening up a new case? Because it's in compliance; that section's in compliance. So would you have -- would you -- and this maybe is a question to Attorney White. Would you happen -- part of it's in compliance; part of it's not. So would you have to open another case just specifically for the living in a structure? MR. WHITE: I believe there's a legal argument both ways. If you asked me what my personal opinion is, I believe that in order to defend this board against a challenge, a new case would be the more prudent approach, but I would defend it if you chose to continue and imposed fines. MR. LEFEBVRE: So maybe what we should do -- or not -- what the county could do is withdraw the case regarding the -- CHAIRMAN KAUFMAN: Both. MR. LEFEBVRE: No, living in it. MR. SHORT: Well, what you have in front of you today is for the permit. MR. LEFEBVRE: Okay. January 28, 2021 Page 89 MR. SHORT: If you want to continue that, we have no issue with the permitting, I don't believe, but we do have an issue with living in the shed, and that can be addressed through a new case. MS. CURLEY: So could we make a motion to deny the county's fines? MR. LEFEBVRE: Well, let me just finish what my thought is. If a new case has to be opened up for living conditions, that would give him time to find a suitable place to live without any fines accruing for living conditions. MS. CURLEY: I don't know that it's so much he needs to find a place to live. He needs to redo his budget, and he needs to afford money in monthly budget for living. MR. LEFEBVRE: But let me finish, please. MR. FORTIN: Yes. MR. LEFEBVRE: We're looking at the permitting issue. So we give him time to get that permitted. CHAIRMAN KAUFMAN: We do a continuance on the permit. A new case is opened up -- MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: -- on the living -- MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Okay. After an inspection in the evening, and based on testimony today, we are instituting a new case. You can't live there anymore, okay. MR. SHORT: And that's initiated -- that would be initiated by our office, not you as a board. CHAIRMAN KAUFMAN: Right, right. So that would temporarily resolve things. But let me go back to you. You are going to have to find another place to live. MR. FORTIN: I will find -- I'm looking, Your Honor. Like I find before, if I find something that, you know, is going with my January 28, 2021 Page 90 budget, you know, because, like I say, I don't have money, you know, so I got to figure, okay, I don't want to lose my house, if I can make the payment for my mortgage, permit. So I have to looking out for that. I have to looking out for my electric to go there. You know, I got the figure how much money that I can spend. I mean, if I need help, I got to come to you guys. I need help. I need a hand. CHAIRMAN KAUFMAN: Okay. Well, we're not in the position to help you in that regard. I don't know if the county has someplace where they can help in that regard. MR. LEFEBVRE: Okay. MS. BOWMAN: There's shelters. MR. LEFEBVRE: I make a motion that we continue the permitting of the shed for 120 days and, just to be clear, it's just a permitting of the shed. MS. CURLEY: Which means he's got to move it. So you have 120 days to move your shed. MS. ELROD: File for a permit. MR. LEFEBVRE: And then the county can do whatever they want regarding living conditions, open another case. MS. CURLEY: You have to move it. It's not in the right place. So you need to deal with the county on that. CHAIRMAN KAUFMAN: I second your motion. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Okay. So we have a motion to grant a continuance for 120 days; fines will continue to accrue, and we can -- in 120 days we can address that issue if need be. Any other discussion on that motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. January 28, 2021 Page 91 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That takes care of you getting the permit for the shed. If it has to be moved or whatever, you have four months. MR. FORTIN: Yes. CHAIRMAN KAUFMAN: Okay? MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: You have to find a place to live, because the county is going to file another case against you living in that shed. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: So we can't beat around the bush. Go to the child -- not child services. What's the services? MS. CURLEY: DCF, Department of Family. CHAIRMAN KAUFMAN: Family to see if they can find a place for you to live. MS. CURLEY: Is this in Rock Creek? MR. FORTIN: Hmm? MS. CURLEY: Is this in Rock Creek? MR. SHORT: Yes. MR. FORTIN: Yes. MS. CURLEY: So, yeah, there's options. MR. SHORT: Shadowlawn and -- MS. CURLEY: There's options. But have a budget. You got into this predicament because you didn't budget right. MR. FORTIN: Yes, ma'am. January 28, 2021 Page 92 MR. LEFEBVRE: Can we move on to the next case? CHAIRMAN KAUFMAN: We're done. You find a place to live. MR. FORTIN: Yes, sir. CHAIRMAN KAUFMAN: And work -- you have four months to move the shed to where it's in compliance, okay? MR. FORTIN: Yes. Thank you. CHAIRMAN KAUFMAN: Thank you, Jean. MR. FORTIN: Thank you. MS. BOWMAN: Thank you. MS. CURLEY: Good luck. MS. BUCHILLON: Next case on the agenda under Motion for Imposition of Fines, No. 4, CESD20180009474, Cara International, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. YESNICEY BOUQUET: I do. MS. JESME BOUQUET: I do. CHAIRMAN KAUFMAN: Joe. MR. MUCHA: Good morning, again. CHAIRMAN KAUFMAN: Do you want me to call on you first, or should we talk to the respondents first? MR. MUCHA: That's up to you. I mean, it's in compliance. CHAIRMAN KAUFMAN: Why don't you tell us what the situation is. I see that it -- the violation has been abated. MS. YESNICEY BOUQUET: Yes. CHAIRMAN KAUFMAN: And you're here to request something before he reads everything into the record? MS. YESNICEY BOUQUET: Actually, she's the lessee of the place. I'm her sister, just translating for her, okay? CHAIRMAN KAUFMAN: Okay. Have you been sworn in as a January 28, 2021 Page 93 translator? (Yesnicey Bouquet, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) CHAIRMAN KAUFMAN: Move the microphone down so we can hear you. Would you ask this young lady whose name is -- I'm looking on here. Cara -- MS. YESNICEY BOUQUET: No, it's Jesme (phonetic). CHAIRMAN KAUFMAN: -- Jesme if she has a request of the Board. MS. YESNICEY BOUQUET: No. She said no. CHAIRMAN KAUFMAN: She probably may want to ask the Board to make the fines go away. MS. CURLEY: There's a letter. MR. LEFEBVRE: There's a letter? CHAIRMAN KAUFMAN: I understand. I just want to hear it. MS. BUCHILLON: Oh, okay. That's correct. MS. YESNICEY BOUQUET: Yeah, that she requested to lower the fines but not remove them all completely but lower the amount. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Sorry, we can't do that. I make a motion to deny the county's fines including the operational costs of 59.49 today. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? Do we need to hear from you, Joe? MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. January 28, 2021 Page 94 CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The fines are gone. MS. CURLEY: Zero. CHAIRMAN KAUFMAN: So your time that you spent here waiting was well spent. MS. YESNICEY BOUQUET: Thank you very much. MS. JESME BOUQUET: Thank you. MS. YESNICEY BOUQUET: Have a good day. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: Next case, No. 5, CESD20180008035, Estancia US, LLC. MS. CURLEY: This is imposition? MS. BUCHILLON: Yes, imposition. (The speakers were duly sworn and indicated in the affirmative.) MR. BEATON: I do. MS. PATTERSON: I do. THE COURT REPORTER: Could I get your name. MR. BEATON: Yes. Paul Beaton, B-e-a-t-o-n. CHAIRMAN KAUFMAN: Okay. You are the respondent? Can you speak -- move the microphone up so I can hear. MR. BEATON: Okay. CHAIRMAN KAUFMAN: Okay. This is the Board's imposition of fines portion of code enforcement today. MR. BEATON: Okay. CHAIRMAN KAUFMAN: It looks like this case goes back to April of 2019, and the violation has not been abated; is that correct? January 28, 2021 Page 95 MR. BEATON: That -- MS. PATTERSON: It goes back to '18. CHAIRMAN KAUFMAN: It goes back to '18? MR. LETOURNEAU: Well, the case started in '18, but it wasn't brought to the Board until '19. CHAIRMAN KAUFMAN: Right. MS. PATTERSON: Okay. CHAIRMAN KAUFMAN: Okay. This was a case of alteration of a commercially zoned property without a permit. MR. BEATON: That's correct. CHAIRMAN KAUFMAN: Do you want to say something about this? MR. BEATON: She knows probably more than I do, so they could probably -- CHAIRMAN KAUFMAN: Well, she's going to get a chance, but I'd like you to comment on this. MR. BEATON: Yes. There was some work done without getting a permit, so then Code Enforcement came. We ceased doing the work. We then went to take the -- you know, put in an application for a permit. You know, in the course of that, you have to get an architect for the drawings, et cetera, and a general contractor, which we've done. But it's been a very lengthy process. And, again, she could probably speak to it more than I could. But we do have an architect we've been using since -- almost since day one of this whole thing, really, and -- well, since Code Enforcement came. I believe we've had -- well, we had to deal with FEMA -- or it's a FEMA-related thing because we're on the water. We dealt with a fellow named Howard Critchfield, and I'm not sure of exactly his -- where he is with the county, but he deals kind of with FEMA-related stuff, and also a gentleman named Jonathan Walsh, and he's more on the building official side. January 28, 2021 Page 96 CHAIRMAN KAUFMAN: He's the senior building inspector. MR. BEATON: Yeah. So he's very familiar with this case. I've actually been in his office several times with the general contractor and architect, et cetera. But every time we -- and I believe we've had plans or drawings rejected five times up till now. A lot of it's just, I get on -- that's not my -- I don't understand how it all is, but there's always been, you know, an issue with something related to, like, electrical or fire, et cetera. So it's been going on and on endlessly. It still is going on. The architect's working on the next set of plans right now. We do have -- Jonathan Walsh gave us what's called, I believe, early work -- an early work permit, so we're actually permitted to do work on the property right now. We haven't started that yet. We're ready to start it. But I know with the Code Enforcement, I don't know if we really want to get in any trouble further. But, I mean, literally, like, I mean, I have emails here from Jonathan Walsh. He's familiar with the whole case and, you know, from my dealings -- CHAIRMAN KAUFMAN: Has he copied Code Enforcement? MR. BEATON: Well, I actually showed her a copy of the email, because I even reached out to them yesterday and said, hey, you know, I'm going in for Code Enforcement. And I got an email copy. It was actually from my general contractor just -- just with regard to the early work permit. But I think that they say that that does not relate to this issue. But we are -- I guess the bottom line is we're trying to -- I want to get the work -- the plans approved so we can do the work. Like, I'm not trying to avoid this at all. Like, I just -- I wish this would have been done, like, two years ago, but it just drags out. My understanding is because it's FEMA related, et cetera, that this can take, like, up to five years, so I kind of feel like I'm halfway there right now. But, you know, if it takes another couple years, so January 28, 2021 Page 97 be it. And because, I guess, too, as it drags out, I guess the codes change. So, for example, then it will be like new things going on with, like, new requirements for electrical or plumbing, so then we go back -- like, we have a list of things that the architect's working on right now that are, you know, required for the new go-round of drawings. So we just -- you know, we submit and then we -- they'll send us back with what needs to be changed again. CHAIRMAN KAUFMAN: We have a member of the Board who likes to remind me that you can build a high-rise on the beach in less time than this case is going on. MS. CURLEY: Did you get a Stop Work Order back in 2018? MR. BEATON: Yes, that's correct. MS. CURLEY: So you can't do anything, because no -- MR. BEATON: We haven't done anything since 2018. MS. CURLEY: No vendor will step foot there with that red thing on your door. MR. BEATON: Well, no, we actually have -- we do have an early work permit from -- issued from the -- I don't know if it's called the Building Department or -- MS. CURLEY: When was that -- MR. BEATON: -- from Jonathan Walsh. MS. CURLEY: When was that issued? MR. BEATON: That was issued last year, but we haven't done any work yet because we're worried about with Code Enforcement if we're going to get in more trouble. CHAIRMAN KAUFMAN: Let's hear what the county has to say. MS. PATTERSON: So he's correct, he was issued an early work permit that was in August, August 25th of 2020. With that permit, he was allowed to do work that wouldn't require any inspections or anything like that. And that was signed by Jonathan January 28, 2021 Page 98 Walsh. So if he were to go in there and cover up -- you know, do walls or something like that and cover up an electrical outlet or something like that, he would be responsible to go in there and have to uncover all that so, you know, it would have to get inspected by the county, all right. He does currently have three permits on this property, and they are -- he has two that are in reject, and he has one that has been voided. So when I talked to him yesterday, he brought up this idea about this early work permit. And I'll be honest with you, I'm not extremely familiar with that, so I found out about it, too. And what he did -- he told me today why -- the reason he got it was so he could get all of his architectural drawings and things like that together that he would need going forward. But like I said, these permits were already issued, and they have kind of stopped. And he's kind of at square one. He's getting all the drawings and everything together. MR. BEATON: Well, that's not -- MS. PATTERSON: Okay. That's my take on it. The original order stated that he was to abate all the violations and get the inspection/certificate of completion before October 23rd, 2019. At that point he had already had that emergency -- or not emergency, but that early work permit issued, because he got that in, like, August of 2020 -- I'm sorry. I apologize. That was after that. But today we were here for the imposition of fines, but I think he wants to request a continuance because he believes that it's going to take him a couple more years, actually, to get this finished out. CHAIRMAN KAUFMAN: Well, there's a $92,000 fine accrued on this property right now. MS. PATTERSON: Right. CHAIRMAN KAUFMAN: If this is going to take a couple January 28, 2021 Page 99 more years, the fines will be more than the property's worth. MS. CURLEY: And that gets in the way of his financing. And you said -- you corrected it, but I don't know, for clarification, you know, he had -- his stipulation was to give him till 2019 to fix everything with a Stop Work Order but not given permission to go in until 2020. So, I mean, he can't go in and undo things without a permit that he can't get a permit for, and now it's a year later, so it's like this is like a time warp. CHAIRMAN KAUFMAN: You're dealing with the chief building guru. MR. BEATON: Yeah, he's a great guy. I've been in his office several times. I know him well. CHAIRMAN KAUFMAN: I would like to understand better what Jonathan is proposing, Jonathan Walsh. MR. BEATON: Well -- and I actually talked to her the other day. I said, it would be great if he could be here at the meeting, because, like -- he's a great guy, and he wants us to get the approvals, but -- and I have, like, an email here just from my architect who's dealing with the general contractor on the things he still needs to get his next -- like, we expect -- I realistically expect that the next round of drawings will be submitted within two weeks back again for review. So we're not -- when she said we're starting at square one, that's not true, because we have the drawings. And every time they've been rejected, it's rejected with a list of things that we need to make changes for. So we make those changes. We resubmit. Again, like I say, it's been five rejections so far as far as -- I'm pretty sure it is the case. So we're going to be doing, within two weeks, our next submission of drawings, again, probably another rejection, but we'll have a new list of things, and hopefully the list gets smaller, and eventually we'll get it -- January 28, 2021 Page 100 CHAIRMAN KAUFMAN: What is this property? MR. BEATON: Oh, it's just a commercial property on Bonita Beach Road, but it's on the south side of the road, so it's in Collier County. MR. LEFEBVRE: What is it? CHAIRMAN KAUFMAN: What is it? MR. BEATON: Oh, it's a motel license. It's a small motel. MS. PATTERSON: Okay. So if I could just interject here for a second. Basically what he has is he has the early work order. That is completely separate from what we have here today. He did get that early work order but, like I said, he was -- Jonathan Walsh allowed him to do some things in there. Before he got his permits, he was able to do stuff early, and this is what he's talking about right now where he's at, getting the architectural drawings and doing all those things like that. He could do that. If he wanted to do some kind of work in that that wouldn't have to be inspected, it would be at his own risk basically. MS. CURLEY: We understand that. MS. PATTERSON: Okay. And now we have, you know, where he doesn't have any -- he doesn't have the permits. He has two in reject and one in void. CHAIRMAN KAUFMAN: Well, I don't -- I still don't understand what Jonathan Walsh is doing working with this respondent to get this thing resolved. It can't take five years. MR. BEATON: This -- I mean, I've just heard that from talking to some counties, like, just officials. Like, I know Bill Kraft, he's -- he reviews plans. Like we always -- my architect always submits the plans to him initially to say, how do these look before we submit them? And Bill will go through, and he kind of reviews them. And I think he sends them through. And he goes, well, I think that looks -- I think these should be good. We'll submit them and then, of course, January 28, 2021 Page 101 then they come back with new things. No, you need this or that. But Howard Critchfield we've dealt with FEMA there. Jonathan Walsh. I don't know why it takes so along, I have no idea. But I just assumed that's just how it goes. I mean, I -- honestly, I wish we could have started this work two years ago. It's crazy to me. CHAIRMAN KAUFMAN: I understand. MR. LEFEBVRE: Let me ask you, just quickly, very quickly, what's the scope of work? MR. BEATON: It's honestly building -- it's a buildout of kind of a garage -- it was formerly like a garage area of the property. We're going to put one extra, basically, motel room for overnight stay, and the other room is going to be kind of a common area for guests to go into. We'll have, like, a TV in there. They could kind of go in there -- MR. LEFEBVRE: Lounge. MR. BEATON: -- and there could be like a morning breakfast area if it's raining outside, that kind of thing. But just a common area for guests, and one is an actual room. It's -- honestly, you'd think we were building, like, a skyscraper but it's, like, literally such a small area. It's crazy. CHAIRMAN KAUFMAN: How many square feet, about? MR. BEATON: I don't know, 1,200 square feet, maybe, I'm guessing. I don't know if it's that. CHAIRMAN KAUFMAN: It has floors? MR. BEATON: A thousand square feet? CHAIRMAN KAUFMAN: Floors, roof? MR. BEATON: It's -- no, it's an existing structure. It's literally putting vinyl flooring down, Sheetrock up on the sides, lighting, toilets. CHAIRMAN KAUFMAN: I can't believe it could take that long. January 28, 2021 Page 102 MR. BEATON: It's crazy to me but, I mean, it is what it is. CHAIRMAN KAUFMAN: Eric? (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. Again, for the record, Supervisor Short, Collier County Code Enforcement. You know, the building official helps out as a courtesy, but this is in no way in the county's hands. You hire a design professional. They're expected to submit correctly. We certainly understand, no fault to you at all, sir. You hire a professional to get these things done for you. At this point I don't think the county has any objection to continuing with some time as long as that area is not occupied by your guests or anything along those lines. MR. BEATON: It's exactly the same as it's been since 2018. Like, nothing's changed, because you guys have said you can't do anything, so it just sits there as it is. As a matter of fact, I've had -- Jonathan Walsh came down for a meeting at the property last summer, I believe it was, 2020, in person with Bill Kraft, Myron -- I can't remember his last name, but there was a number of officials came because they were, like, how do we figure this thing out to get this thing approved and run through? And it was like, oh, great. We got out of that meeting, and it was like, damn, we're going to have this thing approved in six weeks. Well, here we are, you know, still, I mean. MS. CURLEY: What was it originally? MR. BEATON: It's always been a motel, but it was kind of like a parking garage storage/office area previously, but it was just kind of like -- you know, it wasn't properly utilized space, in my opinion, so that's why I went forward with the -- well, we went ahead without permits wrongly, but since then, like I said, we've been dealing with everybody at the county trying to get this approved for what we want January 28, 2021 Page 103 to do. CHAIRMAN KAUFMAN: Let's just say that the Board grants a continuance of X amount of days. What would we expect to hear at the end of that? And I'm not talking about a continuance for a year. MR. BEATON: Well, I don't -- honestly don't know. I'm just telling you somebody says this could take like -- it's a five-year process maybe. I have no idea. I mean, I would hope that we could submit plans in the next two weeks and we get them approved. I don't know how long it takes them, if it does even get approved. I think it's usually, like, a month or two for approvals. But that was assuming I get approved. But usually, I mean, all I've known is you submit them, and then within, like, a month or two you get them back with a -- it's rejected, and here's the list of things that you've got to fix, and then it goes back, you know, starts over again. MR. LEFEBVRE: I make a motion that we continue this hearing for six months. MS. CURLEY: Second. MR. LEFEBVRE: Patrick, six months. Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. You do realize that the fines are going to continue to accrue? MR. BEATON: I totally am aware of that. It's crazy. You'd think I was honestly building a skyscraper. CHAIRMAN KAUFMAN: Okay. We probably would need a heck of an explanation in six months if you come back here and it's in the same condition that it is today. MR. LEFEBVRE: Or the other option, if you come back here in six months and you're looking for a continuance, bring your architect, your contractor to explain why it's taking so long. MR. BEATON: Yeah. I think I agree. That, and even if I could get even, like -- MS. CURLEY: How about if you -- if it can't be resolved, why January 28, 2021 Page 104 don't you just put it back to the way it was? MR. BEATON: Well, that's the other option, for sure. MS. CURLEY: Call it a day. MR. BEATON: I mean, honestly, I actually -- I literally went back to Jonathan Walsh about just doing that, and he goes, why? You're so close to being finished. And I go, yeah, I am, but I'm not. Literally, I brought that up with Jonathan Walsh. MS. CURLEY: Yeah, but a $92,000 cloud hanging over your head's not great. MR. BEATON: No, it's not. Well, the truth of the matter is, I had the property refinanced, and when they refinanced it, it was just such a screwup because this is there. It's kind of a -- it's showing almost as a lien on the title. So the bank -- literally, I have $200,000 sitting in a bank account with a bank that I can't touch until this is resolved. At this moment in time, I literally do. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months. MR. BEATON: Okay. I hope I don't have to come back, that's for sure. I pray I don't have to. CHAIRMAN KAUFMAN: You're going to have to come back but get your folks in order. January 28, 2021 Page 105 MR. BEATON: Yeah. MS. CURLEY: Or start over. MR. BEATON: Yeah, it's crazy. Okay, thank you. MS. PATTERSON: Thank you. MR. BLANCO: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. BLANCO: I have an appointment at 1:00, so I'll be stepping out. CHAIRMAN KAUFMAN: No, I'm sorry. You can't go. MR. BLANCO: You guys have a good day. (Mr. Blanco left the boardroom for the remainder of the meeting.) MS. BUCHILLON: Next case on the agenda under Imposition of Fines, No. 7, CESD20170011136, Somar 1939, LLC. MR. RAMOS: I do. MS. GUY: I do. CHAIRMAN KAUFMAN: Okay. Give us a minute. THE COURT REPORTER: Could I get your name? MR. RAMOS: Pablo Ramos. CHAIRMAN KAUFMAN: $204,000 fine, and you're here -- it looks like it's been abated. MR. RAMOS: Yes, sir. CHAIRMAN KAUFMAN: And you are here to request? MR. RAMOS: Waiver of the fines. CHAIRMAN KAUFMAN: You'd like the fines waived. The county have any objection? MS. GUY: No. MS. CURLEY: It's been a long time here, 2017. CHAIRMAN KAUFMAN: Yeah. MR. LEFEBVRE: What are the circumstances why it's three-plus years? January 28, 2021 Page 106 MR. RAMOS: Well, we had some investors that backed out of the deal at the last minute, so my family had to kind of, like, finish the property, the remodel on their own. And then we had Irma, and that delayed our roofing for about 12 months to get the roof tiles. And then we had the pandemic, and that delayed our cabinets for about almost four months. And so it's just been constant act of God. Like, delay in our project. And so we've just been -- that's what's kind of, like, been causing us that delay. I've been in touch with Paula, you know, a lot, let her know what's going on, all the progress that we have made on the monthly basis. So... MS. CURLEY: How is your house? MR. RAMOS: It's almost there, yeah. We passed the CO and everything, but we still got landscaping to do, you know, things to do to fix, but at least we complied with all the CO and passed all the inspections. MR. LEFEBVRE: Are you going to be living in this or -- MR. RAMOS: Yes. CHAIRMAN KAUFMAN: So the violation has been abated? MS. GUY: Yes. And if I can also add to the fact, too, this is not a normal-sized home. It's a very large luxury home, and it was destroyed by fire originally. I inherited this case in, I believe -- yeah, April of 2020. And the respondent has been in constant communication, has been hitting barriers but always follows through. So there's been a lot of factors that have contributed to the extended time. MR. LEFEBVRE: Make a motion to deny the county's request for imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. MS. CURLEY: And what about the operational costs for January 28, 2021 Page 107 today's hearing? MR. LEFEBVRE: That's also. MS. CURLEY: Deny. MR. LEFEBVRE: Denied, correct. As long as he's paid operational costs previously, today's operational costs will not need to be paid. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. It's a good day, $200,000. MS. CURLEY: Congratulations on your house. MR. RAMOS: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. CURLEY: That's a lot of work. CHAIRMAN KAUFMAN: Next. MS. BUCHILLON: Next item on the agenda under Hearings, No. 1, CEPM2020009530, Properties of S&O LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. LOPEZ-SILVERO: I do. CHAIRMAN KAUFMAN: Give us a minute to read the letter that's... MS. CURLEY: Can you put the letter up, the letter? Can you put it on the screen? MR. LETOURNEAU: We don't have it. MR. LEFEBVRE: What letter are you reading? January 28, 2021 Page 108 MS. CURLEY: Only two people have it. MS. ELROD: We're special. MR. LETOURNEAU: You don't have it, Helen? MS. CURLEY: Is it on the -- is it in the file? MR. LETOURNEAU: It's not in mine. I could put Mr. Kaufman's up there as soon as he's done reading. CHAIRMAN KAUFMAN: This is -- unless I'm reading the wrong one -- ends in 530. The number on this case -- MS. ELROD: Actually, it is the wrong one because it's 9530, and this is 4530. So we don't have a letter for this. (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: Okay. We have two that end in 530. MS. ELROD: Yes, that was the difference. MR. LETOURNEAU: So it's not the right case. MS. ELROD: No. MS. CURLEY: Can you tell us the name again. MS. BUCHILLON: Properties of S&O, LLC. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. Why don't you present your case, Steven. MS. CURLEY: And so then we don't have a final disposition? MS. BUCHILLON: Can I go ahead and put on the record that notice was sent out? CHAIRMAN KAUFMAN: Yeah, sure. MS. BUCHILLON: Respondent was notified certified mail and regular mail on December 15th, 2020, and it was also posted at the property and the courthouse December 8th, 2020. CHAIRMAN KAUFMAN: Okay. It's all yours, Steven. MR. LOPEZ-SILVERO: Good afternoon. For the record, Steven Lopez-Silverio, Collier County Code Enforcement. This is in reference to Case No. CEPM20200009530 dealing January 28, 2021 Page 109 with a violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-2281 [sic], Section 22-2401(i), Section 22-2401(b), and Section 22-2401(j). Observed mildew on exterior walls, a break and/or hole in the exterior wall, broken and/or vandalized exterior surveillance cameras, and/or electrical equipment, exposed wiring from exterior electrical and/or junction boxes, a deteriorated and/or dilapidated garage dumpster enclosure, and then accumulation of litter on improved unoccupied commercial property located at 1570 Immokalee Drive, Immokalee, Florida, 34142. The folio number, 75212920000. Service was provided on September 22nd, 2020. I would like to present case evidence in the following exhibits: That would be nine pictures taken by me on January 25th, 2021. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the pictures. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LOPEZ-SILVERO: This is the exposed wiring. CHAIRMAN KAUFMAN: Is it hot; do you know? MR. LOPEZ-SILVERO: That I'm aware of, there's no power January 28, 2021 Page 110 running to this building. It's a commercial unoccupied building. This is the mold overgrowth. The surveillance cameras. This is the break in the exterior walls. And this is the dumpster enclosure with an accumulation of litter inside as far as scattered in the parking lot. This is the front property -- or the front of the structure. MS. ELROD: The hole is on one of the columns where somebody hit it with a car? MR. LOPEZ-SILVERO: Yes, ma'am, it appears that way. MS. CURLEY: Is it in foreclosure? MR. LOPEZ-SILVERO: It was just purchased last year. So, no, it's not. There's new ownership. CHAIRMAN KAUFMAN: Have you been in contact with the owners? MR. LOPEZ-SILVERO: I have attempted to; the service with the notice and emails. No contact or efforts towards compliance have been made. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Do you have a suggestion for us? MR. LOPEZ-SILVERO: I do. The county recommends, or the county's recommendation, that the Code Enforcement Board order the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion and/or occupancy for mildew on the exterior walls, break and/or hole in the exterior wall, broken and/or vandalized exterior January 28, 2021 Page 111 surveillance cameras and/or electrical equipment, exposed wiring from exterior electrical and/or junction boxes, a deteriorated and/or dilapidated garbage dumpster enclosure, and an accumulation of litter needed to bring the -- correction -- needed to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So somebody like to pick out the amount of days and the amount of fine? MR. LEFEBVRE: I make a motion that the operational costs in the amount of 59.28 be paid within 30 days, 60 days to abate the violation, or a fine of $300 a day will be imposed. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) January 28, 2021 Page 112 CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Steven. MR. LOPEZ-SILVERO: Thank you. CHAIRMAN KAUFMAN: I have a feeling you'll hear from them now. MR. LOPEZ-SILVERO: We'll see. Have a great day. MS. BUCHILLON: Next case on the agenda under Hearings, No. 2, CESD20200002803, Humberto Aguilar. Respondent was notified certified mail on December 15, 2020, and it was also posted at the property and courthouse on December 10th, 2020. (The speaker was duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present and, Helen, notification was done? MS. BUCHILLON: I'm sorry. Certified mail and regular mail December 15th, and it was posted on the property and courthouse on December 10th, 2020. CHAIRMAN KAUFMAN: Okay. Maria, have you heard from them at all? MS. RODRIGUEZ: At the beginning I spoke to them a couple of times, and then after that I have not been able to get ahold of them at all. It's a rental. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: For the record, Investigator Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20200002803 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Descriptions of violation: Two carports, kitchen addition with electric and plumbing all attached to the mobile home erected without January 28, 2021 Page 113 first obtaining the authorization of the required permits, inspections, and certificate of occupancy as required by the Collier County Building Department; located at 331 North 15th Street, Immokalee, Florida, 34142; Folio No. 00127880006. Service was given on June 24th, 2020, posted property and courthouse. Proof of service was received. I would now like to present case evidence in the following exhibits: Three photos taken by me on March 17th, three aerials, and a Building Department determination. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. Can we get a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RODRIGUEZ: I conducted a site visit on March 17th. I observed two carports and attached addition to a single-wide mobile home. I spoke to the mobile homeowner Humberto. He stated that he had bought the mobile home. I asked what the addition was used for, and he stated that it was for a kitchen with electric and plumbing. I researched, and no permits for the improvements were found. I have spoken to Humberto on multiple occasions, but as of today violations remain. January 28, 2021 Page 114 And it's an addition on both sides of the mobile home. It is a mobile home park. He does own the mobile home but does not own the lot. He rents. MS. CURLEY: Is anybody living there? MS. RODRIGUEZ: He has it rented out. Now, the additions -- the kitchen part, they probably go in and out of, but they are like carports. He has stuff that he stores in them, but it's not like it's a living except for the kitchen part. MS. CURLEY: It's just like an outdoor kitchen in the carport? MS. RODRIGUEZ: Well, it's enclosed. You can't see it. You'd have to actually open the door to go into the kitchen. MR. LETOURNEAU: So, for the record, Jeff Letourneau, Code Enforcement. I better sign [sic] in. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: I do. Maria's never actually been inside this particular structure. We're just going by his testimony -- not testimony but his conversation with her that he admitted there was a kitchen actually in this -- one of the structures there. MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: That's where you get the plumbing and the electric. MR. LETOURNEAU: Right. MR. RODRIGUEZ: Right. MR. LETOURNEAU: And one more thing, this is one of those ones where the property is owned by somebody else and this gentleman owns the mobile home, correct? MS. RODRIGUEZ: Correct. MR. LETOURNEAU: Per Florida Statute, we have to go after the mobile homeowner rather than the actual property owner. I just wanted to point that out. If you guys want to look at the statute, it's January 28, 2021 Page 115 up to you. I've got it in here. Okay. MS. CURLEY: So is the property owner notified at all? MR. LETOURNEAU: No. It's very clear in Florida Statute that any structures built on this property are the responsibility of the actual mobile home owner, not the property owner. MS. RODRIGUEZ: She is aware, though, because I did talk to her. MS. CURLEY: Do you know how the fine -- or the complaint started? MS. RODRIGUEZ: One of the neighbors. I guess he was feuding with one of the neighbors, and they called it in. MS. CURLEY: Well, it's a fire hazard. CHAIRMAN KAUFMAN: Okay. Well, do you have a -- first of all, do we find a violation exists? MS. CURLEY: Motion violation exists. MS. ELROD: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A violation exists. And you have a suggestion for us? MS. RODRIGUEZ: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all January 28, 2021 Page 116 violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the two carports, kitchen addition, and the electric and plumbing within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Do we have anybody that would like to take a stab at the amount of days, the amount of fine? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll do it. Go ahead. MR. LEFEBVRE: Thirty days to pay the operational costs amount in 59.28, 90 days to abate the issue, or $100 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. January 28, 2021 Page 117 Thank you, Maria. MS. BUCHILLON: Next case, No. 5, CEAU20200009413, Katrix, LLC. (The speaker was duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: I do. For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CEAU20200009413 dealing with violations of Collier County Land Development Code ordinance 04-41, as amended, Section 5.03.02(F)(3). Description of violation: Dilapidated chain-link fence in the front and side yard of unimproved property located at 523 Eustis Avenue, Immokalee, Florida, 34142; Folio No. 65071520004. Service was given on September 4th, 2020. Posted property and courthouse. I would now like to present case evidence of the following exhibits: Three photos taken by me. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the photos? MS. BOWMAN: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. January 28, 2021 Page 118 Let the record show the respondent is not present. Helen, you may want to say how your notification was done. MS. BUCHILLON: Respondent was notified certified and regular mail on December 15, 2020, and property [sic] was also posted at the courthouse and the property on December 10th, 2020. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: I conducted a site visit on August 31st and observed a dilapidated chain-link fence in the front and side yard of an unimproved property. I have done several attempts to get ahold of these property owners, which they're out of the state, because it's a company that it ended up buying these vacant lots. We have several cases with them, and they don't call back. They don't respond. It's like they don't care. Anyways, violation is still there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Motion violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MS. RODRIGUEZ: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all January 28, 2021 Page 119 violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the dilapidated chain-link fence within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MS. CURLEY: I have a recommendation. We can make it easy for these caring property owners by making the dates sync. So we'll give them 30 days and $100 a day. MR. LEFEBVRE: Thirty days to pay the operational costs of 59.28? MS. CURLEY: And 30 days to -- on Item No. 1. CHAIRMAN KAUFMAN: That's corrected. MS. CURLEY: And then $100 after 30 days. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. LEFEBVRE: I'll second that. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? January 28, 2021 Page 120 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Maria. MS. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: Next? MS. BUCHILLON: Next case -- MS. BOWMAN: How many do we have left? MS. BUCHILLON: Like, 10. MR. LEFEBVRE: Yeah, we have a lot of imposition of fines. MS. BOWMAN: Sorry. I have a 1:00, so I'm going to have to step out. MR. LEFEBVRE: Have a great day. CHAIRMAN KAUFMAN: Let the record show that Chloe had to leave. (Ms. Bowman left the boardroom for the remainder of the meeting.) MS. BUCHILLON: Leave, okay. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 17 under Hearings, CESD20200006945, Martha Cisneros. MS. CURLEY: Thanks for showing up, Chloe. Bye. MS. ELROD: Docking your pay, just so you know. MS. CURLEY: We lost our weight. We're only 3-2 now. (The speaker was duly sworn and indicated in the affirmative.) MR. PITURA: I do. CHAIRMAN KAUFMAN: Okay, Tom. MR. PITURA: Good afternoon. For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CESD20200006945 dealing with violations of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), January 28, 2021 Page 121 Collier County Code of Laws and Ordinance, Chapter 110, Article II, Section 110-31(a). Description of violation: Mobile home, two sheds, and a storage container placed on the property without permits; 2, unpermitted driveway access to the property from Auto Ranch Road, located at 980 Auto Ranch Road, Lot 1, Naples, Florida, 34114; Folio 7692400004. Service was given on November 5th, 2020. I would now like to present case evidence in the following exhibits: Five photos taken by Investigator Daniel Hamilton on July 7th, 2020, and four photos taken by myself on January 27th, 2021. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MS. CURLEY: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PITURA: On July 7th, 2020, Investigator Daniel Hamilton made an initial inspection from the complaint observing a storage container, mobile home, two sheds, and a driveway access that was unpermitted. Several unsuccessful attempts have been made to reach the owner to discuss these violations. As the case progressed, I, Thomas Pitura, has been assigned to January 28, 2021 Page 122 this case in November of 2020. I was able to reach Mrs. Cisneros and explain that -- what is needed for abatement on December 8th, 2020. She understood what was required but did not follow through by obtaining the permits or removal of these structures. On January 20, 2021, I spoke to the owner's nephew, Eduardo. He is attempting to abate the violation for his aunt but requires additional time. Presently, all violations remain. CHAIRMAN KAUFMAN: When was this first observed? MR. PITURA: Excuse me? CHAIRMAN KAUFMAN: When did this case begin? MR. PITURA: July of 2020. CHAIRMAN KAUFMAN: Okay. So -- MS. CURLEY: So that gravel was probably laid in that swale to get that mobile home in there? MR. PITURA: Yes. MS. CURLEY: Is that a drainage -- CHAIRMAN KAUFMAN: There's no pipe going through it. Culvert. MR. PITURA: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And no permits ever? MR. PITURA: No, no permits were applied for. MR. LEFEBVRE: So you would have to have a right-of-way permit -- MR. PITURA: Correct. MR. LEFEBVRE: -- obviously, and have that brought up to code, the driveway. MR. PITURA: Correct. MR. LEFEBVRE: And then it looks like that trailer, or whatever, mobile home is actually not even level with one of the January 28, 2021 Page 123 pictures, so... CHAIRMAN KAUFMAN: But they have curtains. MR. LEFEBVRE: That's nice. CHAIRMAN KAUFMAN: Or blinds. MS. CURLEY: They were very sneaky. MR. LEFEBVRE: So I make a motion that there's a violation that does exist. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And you have a suggestion for us? MR. PITURA: I do. That the Code Enforcement Board orders respondent to pay all operational costs in the amount of 59.28 incurred in this prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, or certificate of completion/occupancy for the shed, storage container, and mobile home within blank amount of days of this hearing, or a fine of blank amount of dollars per day will be imposed until the violation is abated; Two, obtaining all required Collier County right-of-way permits, inspections, and certificate of completion for the driveway access or remove the improvements and return to permitted state within blank January 28, 2021 Page 124 amount of days of this hearing, or a fine of blank amount of dollars per day will be imposed until the violation is abated; Three, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Shall we assume that there's no one living in this? MR. PITURA: No, there's no one living in it. CHAIRMAN KAUFMAN: Okay. Somebody want to fill in the blanks? MR. LEFEBVRE: Pay operational costs in the amount of 59.28 within 30 days, 90 days to abate the violation, or $150 fine will be imposed per day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. LETOURNEAU: Excuse me. That's both for 2 and -- 1 and 2? MS. CURLEY: So let's give 30 days on No. 2, Gerald. Do you mind doing that? That's, like, a bad thing. MR. LEFEBVRE: Well, I think it's still going to take more than 30 days, obviously, to make the corrections and everything, so -- and we're in dry season right now, so I think I'll keep it both 90 days, keep it -- CHAIRMAN KAUFMAN: Hopefully we'll hear from the respondent at some point based on this. MS. CURLEY: There's no permits or any action? Nothing? January 28, 2021 Page 125 MR. PITURA: No, none. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Tom. MS. BUCHILLON: I just want to put on the record the respondent was notified certified and regular mail on December 18th, 2020. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And it was also posted at the property and courthouse on December 18th, 2020. CHAIRMAN KAUFMAN: Okay. And I believe we mentioned that the respondent was not present. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: If I did it, then that's the second time. They're still not here. MS. BUCHILLON: I have one more case under hearings that I skipped, No. 7. MS. CURLEY: Nope. MS. BUCHILLON: CESD20200002597, James Kelley. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. Good afternoon. January 28, 2021 Page 126 CHAIRMAN KAUFMAN: Good afternoon. Let the record show the respondent is not present. Helen, do your thing. MS. BUCHILLON: The respondent was also notified certified and regular mail on December 15th, 2020, and it was also posted at the property and courthouse on December 9, 2020. CHAIRMAN KAUFMAN: Okay. John, you're on. MR. JOHNSON: Thank you. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CESD20200002597 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(a), specifically, modifications were made to the primary structure, including the installation of sliding glass doors and the construction of a rear deck/patio, without obtaining the required permits and inspections. These violations occurred at 327 Pier A, Naples, Florida, 34112. The primary structure is composed of two conjoined mobile homes identified by their certificates of title that will be presented as part of the case evidence. Service was given on August 19th, 2020. I would now like to present case evidence in the following exhibits: One aerial from Collier County Property Appraiser, one cover memo from the Building Department determination confirming that permits are required, four photos taken by Contractor Licensing Investigator Michael Bogert on February 26th, 2020, and copies of the vehicle certificates of title for the mobile homes provided by Land Yacht Harbor. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos and documentation. MS. ELROD: Motion to accept the photos. MS. CURLEY: Second. January 28, 2021 Page 127 CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. John. MR. LETOURNEAU: Before we get going, I want to mention that a letter was -- MR. JOHNSON: Oh, yeah. I'm sorry. The respondent sent a letter via email we received yesterday, and he asked to have that -- he demanded to have that read into the case as part of the evidence. We have that document available if the Board wants to see it or have us read it, or maybe you want to read it. MR. LEFEBVRE: Is it in our package? MR. JOHNSON: I don't know. MR. LETOURNEAU: No, it was too late to get it. So I'd like to put it up on the board before we do anything at this point. CHAIRMAN KAUFMAN: Why don't you put it up on the board and read it, and that will comply with his request/demand. MR. LETOURNEAU: Do you want me to read it? Because he specifically said not to have anybody from Code Enforcement Board read it in at the very end here, so... MS. CURLEY: Well, he's not here so we get to pick who reads it. CHAIRMAN KAUFMAN: Well, I'll be glad to read it. MR. JOHNSON: And I did respond to him that, you know, it was the decision of the Board who would read the letter. MR. WHITE: It, also, Mr. Chairman, has to be, I believe, a January 28, 2021 Page 128 determination similar to the county's request for evidence to come in, that you would want to accept this as evidence on the part of the respondent. MR. JOHNSON: County has no objection; is that correct? MR. LETOURNEAU: That's correct. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the respondent's letter. MS. CURLEY: Just put it in. We'll read it. We don't need anybody to read it. MS. ELROD: Motion to accept the letter as evidence. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Put the letter up there. MR. LETOURNEAU: Okay. I'm trying to get it -- fit it in here so it's easy to read. All right. That's the best I can do right there. So you guys let me know when to pan down when everybody's done reading this. MS. CURLEY: This is written by an attorney. CHAIRMAN KAUFMAN: That's what it says. MR. JOHNSON: It's allegedly an attorney. It appears to be the respondent's son. They have the same name, and he did reference himself as family. CHAIRMAN KAUFMAN: Okay. January 28, 2021 Page 129 MR. LETOURNEAU: And John and I did speak with him a couple months ago on the phone. MS. CURLEY: He said he's an attorney? MR. LETOURNEAU: I'm not sure if he ever said he was an attorney, but he might have, you know -- MS. CURLEY: He is right now -- MR. JOHNSON: It's signed Esquire. MR. LETOURNEAU: I don't know if he's allowed to, you know, practice law in Florida because he's up there. CHAIRMAN KAUFMAN: It doesn't matter. MS. CURLEY: It does matter. If he's not a member of the Bar, he's not allowed to sign that. CHAIRMAN KAUFMAN: He can send a letter. MR. LETOURNEAU: You know, I'm not familiar with what they can practice and where they can practice, to be honest with you. MS. CURLEY: Scroll down. MR. LETOURNEAU: Okay. Everybody's ready to scroll down a little bit here? And before John gets going, I want to make one statement about this letter. MR. LEFEBVRE: Scroll past the signature. CHAIRMAN KAUFMAN: Can you just scroll down. MR. LETOURNEAU: I'd like to say that he's correct, I believe it was probably anonymous in the beginning; however, the complaint was lodged with Contractors Licensing. It was not under the same jurisdiction as Code Enforcement, and they can take anonymous complaints. If they find out that there wasn't a contractor involved and a homeowner was the one that did the work or they -- you know, doesn't want to give out the contractor's name, they run this case through the building official, he makes a determination if there's a violation, and then it comes over to Code Enforcement at that point. January 28, 2021 Page 130 So the anonymous part doesn't really mean anything at this point. MR. LEFEBVRE: What would mean that you don't have jurisdiction? Do you have any idea? MR. JOHNSON: I don't, but I'm going to recommend, if I could read my presentation, we'll go through the exhibits, and then maybe the questions will become answered, or we can take them at that time, if that's okay with the Board. MR. LEFEBVRE: Right. And regarding he wants it to be read in by the Chairman or member of the committee, I don't know if we have to make a motion to deny that request, but I think that's unreasonable. Let the record be known it has been put on the teleprompter, or whatever you want to call it -- CHAIRMAN KAUFMAN: We all read it. MR. LEFEBVRE: -- and the Board has read it. MR. LETOURNEAU: Okay. So should we go to the evidence now? CHAIRMAN KAUFMAN: Is there -- there are vehicles involved here, correct? MR. JOHNSON: Yeah. If we can get to the evidence, I think it will help you. CHAIRMAN KAUFMAN: That's the part where some vehicles are not considered real estate property, et cetera. So that's probably what you were referring to. MR. JOHNSON: I think, again, Mr. Chair, if we could get to the evidence, I think that will help clear some of the things up. I understand you have these questions. CHAIRMAN KAUFMAN: Okay. Go ahead. MR. JOHNSON: Let's first do the location, Jeff. This is Land Yacht Harbor. We're all familiar where Land Yacht Harbor is in Bayshore. This is a mobile -- 55-and-over mobile home park, and most of the mobile homes are double-wides, or however you describe January 28, 2021 Page 131 that word, where two have been put together. So the entire Land Yacht Harbor that you see here is under one parcel ID, so that's why we cited the vehicle owner by his vehicle tag. So let me -- if I can, let me read my narrative. On February 26th, 2020, the Collier County Building Department referred an alleged permitting complaint to Contractor Licensing. A case was opened, CECV20200002210, and assigned to Investigator Michael Bogert. On March 6th, 2020, Mr. Bogert received a confirmation from the Building Department that permits were required for structure modifications including the installation of sliding glass doors and a deck. In addition, the Collier County Building Department reported that the owner could apply for an owner/builder permit for the sliding glass doors but, whereas, the patio deck is an extension of the mobile home and, whereas, the mobile home owner does not own the land, he cannot do the deck permit as owner/builder. As there was no licensed contractor involved with the work that was done, the case was referred to Code Enforcement on February 27th, 2020. A notice of violation was served to the owner on August 19th of 2020 with a compliance date of September 19th, 2020. The case was then scheduled for a hearing on 10/23/2020. And we offered a stipulation agreement for this hearing, and it was vigorously rejected by the owner and his attorney. Due to the owner's medical issue from a fall and COVID-related travel issues -- they are in Massachusetts, I believe, possibly Cape Cod -- additional time was granted, and the case was pulled from the October 23rd hearing. At this point, I've received no additional communication from the owner or his attorney other than that letter, and there has been no discoverable effort that compliance is forthcoming and, as such, the violation remains. January 28, 2021 Page 132 So I don't know if you guys -- did you see -- did they see the pictures? MS. CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: Whoa, whoa, whoa. MR. LETOURNEAU: Okay. And this is one of those cases where, yeah, we had to go after the mobile homeowner due to the fact of the state statute. We couldn't go after the property owner, so... CHAIRMAN KAUFMAN: Can you go back to the photo, go back. MR. LETOURNEAU: Which one? CHAIRMAN KAUFMAN: Keep going. Yeah, right there. Is that patio there infringing on the right-of-way? MR. JOHNSON: No, that's the water side. That's the canal side, sir. That's in the back. CHAIRMAN KAUFMAN: I believe there's a statute -- MS. CURLEY: That's a seawall on the right, right? MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: There's a statute that says how close you can build it to the canal, et cetera? MR. LETOURNEAU: Most likely. CHAIRMAN KAUFMAN: Okay. And I see -- MR. LETOURNEAU: Probably for that general area, they probably have their own setback rules, yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And the two sliders that -- and there's the -- now here's the -- he went above and beyond. He -- sometime it's very difficult to get these -- this information, but John got it. MS. CURLEY: Thank you, John. MR. JOHNSON: Yeah, I'm a professional. CHAIRMAN KAUFMAN: But you're not allowed to read the letter. January 28, 2021 Page 133 MR. JOHNSON: Yeah, but I can't read the letter. Should I read the recommendation? CHAIRMAN KAUFMAN: First we have to -- we've got to -- MR. JOHNSON: Oh, we didn't vote. CHAIRMAN KAUFMAN: Does a violation exist? You made a beginning motion. Go ahead. MS. CURLEY: Yeah. I make a motion that a violation exists or violations exist. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEFEBVRE: I have a quick question. MR. JOHNSON: Yes, sir. MR. LEFEBVRE: The registration of the vehicle was in two names, James Kelley and Patricia. Why wasn't she noticed on here? MR. JOHNSON: Because I didn't -- I didn't put that in. MR. LEFEBVRE: Is that going to be an issue? MR. JOHNSON: I don't know. MR. WHITE: The open question is whether she's also an owner of the mobile home. MR. JOHNSON: The titles say "or," so I don't know if I have to include her, but maybe I should have. MS. CURLEY: Tax bill. January 28, 2021 Page 134 MR. LEFEBVRE: I guess it's a technical question, but... MR. WHITE: I believe that the notice is sufficient. MR. LEFEBVRE: Okay. MR. WHITE: The order will be only in the name of Mr. Kelley. And as to, while I'm on the record, the assertion of James F. Kelley as Esquire, there are three James Kelleys with the Florida Bar. None of them have F or anything related to it as a middle name, so I believe he probably is a member of the Massachusetts Bar, if any, and I'll do my own investigation on that, but I just thought you ought to know that it wouldn't be appropriate for Mr. Kelley to represent Mr. Kelley as counsel. CHAIRMAN KAUFMAN: He can represent him as his son. MS. CURLEY: That's not what -- he's calling him his client, and he signed "Esquire." CHAIRMAN KAUFMAN: Yeah, I know. It's his son; he can talk for him or whatever. MR. WHITE: Just a point of information. CHAIRMAN KAUFMAN: Okay. No problem. MR. JOHNSON: And the county copied both people in all correspondence, so they're both aware. CHAIRMAN KAUFMAN: Okay. So you have a suggestion for us, John? MR. JOHNSON: I do. Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the modifications to the primary structures that were made, including the installation of two sets of sliding glass January 28, 2021 Page 135 doors and the construction of an attached rear deck/patio within blank amount of days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Would someone like to take a stab at the days and dollars? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll do it. Go ahead. MR. LEFEBVRE: All right. Well, this is the easy part, because this has been the number for quite a few cases, 59.28 paid within 30 days, and 90 days to abate the violation or $150 a day. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. How are you going to -- are you going to notify them of the resolution of this case by email to this person who emailed you that letter? MR. JOHNSON: Actually to both. I have emails, the owner January 28, 2021 Page 136 and the alleged attorney. CHAIRMAN KAUFMAN: Can I suggest you get a receipt when you do it? MR. JOHNSON: Absolutely; excellent. MR. LETOURNEAU: How many days was that again? MR. LEFEBVRE: Ninety. CHAIRMAN KAUFMAN: Ninety days. MR. LEFEBVRE: Ninety days and $150 a day. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Thank you. MS. CURLEY: Thank you. Are we done? MS. BUCHILLON: No. Now we're going to imposition of fines. MS. CURLEY: I'm starving. MS. BUCHILLON: Number 2, CEPM20200006626, Johnson Pharisien. CHAIRMAN KAUFMAN: This is a relation of yours, John? MR. LEFEBVRE: That's his first name. MR. JOHNSON: Not exactly. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Let the record show respondent is not present. Helen, do your thing. MS. BUCHILLON: Respondent was notified certified mail and regular mail on December 16, 2020, and was also posted at the property and courthouse on December 11, 2020. MR. JOHNSON: As you read through there, you can see the previously assessed operational costs have not been paid, so it is the -- January 28, 2021 Page 137 MR. LETOURNEAU: Do you want to read this into the record? MR. JOHNSON: Okay. Yeah, I do want to read this into the record. Past order: On October 23rd, 2020, the Code Enforcement Board issued a findings of fact, a 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, OR5864, Page 1065, for more information. The violation has not been abated as of January 28th, 2021. Fines have accrued at the rate of $350 per day for the period from November 23rd, 2020, to January 28th, 2021, 67 days, for a total fine amount of $23,450. Fines continue to accrue. Previously assessed operational costs of $59.21 have not been paid. Operational costs for today's hearing, $59.28. Total amount: $23,568.49. CHAIRMAN KAUFMAN: You heard from the respondent on this at all? MR. JOHNSON: I have not, sir. MS. CURLEY: I forget what this is, but why -- MR. JOHNSON: You do remember it. It rings -- MS. CURLEY: When I see that 350, it makes me want to remember. MR. JOHNSON: Right, right. This is a, obviously, case brought before you. There was a manufactured home on this site that got repossessed. The owner spent some time in jail. I believe he's out of jail now. I just don't even know where he lives anymore. CHAIRMAN KAUFMAN: I do remember. MR. JOHNSON: And now there's a broken-down half shed, half something that's been declared a dangerous structure by the county, and we are -- we are -- that is our next mission on that, to January 28, 2021 Page 138 resolve that. So, yeah, you do remember. It's a little messy. MS. CURLEY: Are people living in it or staying in it? MR. JOHNSON: At night. MS. CURLEY: Okay. MR. JOHNSON: And we have multiple sheriffs visits there at night. It's not a good -- it's on Holly Avenue. It's not a good situation there. MR. LETOURNEAU: It is up for sale at this point also. MR. JOHNSON: You're correct. CHAIRMAN KAUFMAN: Someone like to make a motion to impose? MR. LEFEBVRE: I make a motion to impose the fine. CHAIRMAN KAUFMAN: We have a motion. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: I'm assuming the motion includes the OC, operational costs, too? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Yes, sir. MR. WHITE: Thank you. MR. LEFEBVRE: Imposed as written. MR. JOHNSON: Thank you. MS. BUCHILLON: Next case, No. 9, CESD20190004530, Estes. January 28, 2021 Page 139 CHAIRMAN KAUFMAN: This is the long letter. MS. BUCHILLON: Penny J. Estes and Timothy W. Estes. CHAIRMAN KAUFMAN: This was the one. MS. BUCHILLON: That's the one with the letter. CHAIRMAN KAUFMAN: Yes. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: Give us a minute. I had the -- oh, here's the letter. Basically, the letter lays out what -- the problems they encountered in resolving the situation. Let the record show that the respondent is not present. Helen? MS. BUCHILLON: Respondent was notified regular mail and certified mail on December 16, 2020, and it was also posted at the property and courthouse January 5th, 2021. CHAIRMAN KAUFMAN: I'll read the last line. Given these circumstances, we respectfully are asking all fines to be waived in this case. MS. CURLEY: It sounds like they went through a lot. I'll make a motion to deny the county's -- MR. LEFEBVRE: We have to read in -- MS. CURLEY: Oh, I'm so sorry. MR. LEFEBVRE: Right? I would assume we have to read in -- CHAIRMAN KAUFMAN: Read in the whole order. MS. CURLEY: I beg your pardon. I thought you had done that. MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. MS. CURLEY: Sorry. MR. HOLMES: Fines have accrued at a rate of $100 per day for the period -- January 28, 2021 Page 140 CHAIRMAN KAUFMAN: You may want to read in from where it says "description." MR. HOLMES: Okay, absolutely. This case, unpermitted improvements to an existing structure including installation of air conditioning system, improvements to an existing -- to existing electrical, and installation of plumbing. Past order: On January 24th, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5727, Page 2790, for more information. The violation has been abated as of October 30th, 2020. Fines have accrued at a rate of $100 per day for the period of -- from April 24th, 2020, to October 30th, 2020, 190 days, for a total fine amount of $19,000 and zero cents. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing are $59.49. Total amount: $19,000 -- $19,059.49. CHAIRMAN KAUFMAN: Okay. This was at 1735 19th Street Southwest, and the case number was 20190004530. Okay. So anybody want to take a shot at what you would like to do with this? MR. LEFEBVRE: There was already a motion made. MS. CURLEY: Yeah, I beg your pardon. I had already read the letter. I mean, it looks -- it looks like they accomplished a lot, and I'll make a motion to deny the county's imposition of fines and including today's operational costs of 59.49. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. January 28, 2021 Page 141 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next case, No. 10, CEAU20200000544, Maria G. Rivera. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MS. BUCHILLON: Respondent was notified certified and regular mail on December 16th, 2020, and it was also posted at the property and courthouse December 9th, 2020. CHAIRMAN KAUFMAN: Okay. Joe. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This was dealing with a violation of the Florida Building Code, 6th Edition, Chapter 1, Part 2, Section 105.1. The violation location was 14597 Apalachee Street, Naples; Folio No. 25967800483. Description was Permit PRBD20141029928 for a fence 2 block concrete and metal 6-foot fence is voided. Certificate of completion was not issued. Past orders: On October [sic] 28th, 2020, 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, OR5830, Page 2409, for more information. The violation has been abated as of November 5th, 2020. January 28, 2021 Page 142 Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from September 28th, 2020, to November 5th, 2020, 39 days, for a total fine amount of $3,900. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing is $59.35, for a total fine amount of $3,959.35. CHAIRMAN KAUFMAN: Well, it looks like they took care of it right away. It has been abated. Anybody like to make a motion on this? MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. CURLEY: Second. CHAIRMAN KAUFMAN: All those in favor? MS. CURLEY: Including today's operational costs of 59.35? MS. ELROD: Yes. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next case, No. 11, CESD20190000550, 12275 Collier Boulevard Land Trust. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. Helen? MS. BUCHILLON: Respondent was notified certified and January 28, 2021 Page 143 regular mail on December 16th, 2020, and it was also posted at the property and courthouse on January 5th, 2021. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: Give us a minute to read this letter. Okay. Everybody read it, okay. Anybody want to make a motion? MR. HOLMES: Do you want me to read it or try to read it better this time? CHAIRMAN KAUFMAN: We read it already. Anybody want to make -- MS. CURLEY: Oh, did he read it into -- CHAIRMAN KAUFMAN: No, the whole order, yeah. MR. HOLMES: Yeah, that's what I mean. All right. Violation was Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 12275 Collier Boulevard, Naples, Florida; Folio No. 35778600008. Description: A drop ceiling with electrical constructed without first obtaining the authorization of the required permit inspections and certificate of occupancy as required by the Collier County Building Department. Past order: On January 24th, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5749, Page 3379, for more information. The violation was abated as of January 12th, 2021. Fines have accrued at a rate of $200 per day from the period from March 25th, 2020, to January 12th, 2021, 294 days, for a total fine amount of $58,800 and zero cents. January 28, 2021 Page 144 Previously assessed operational costs of $59.28 have been paid. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing, 59.49. Total amount: $59,859.49. CHAIRMAN KAUFMAN: Okay. The only thing missing was the case number, which was 20190000550. Other than that, we're all set. Anybody like to make a motion? MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. BUCHILLON: Next case, No. 12, CESD20200000524, Jones Napoleon. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MS. BUCHILLON: Respondent was notified certified and regular mail on December 16th, 2020, and it was also posted at the property and courthouse December 9, 2020. January 28, 2021 Page 145 CHAIRMAN KAUFMAN: Okay. Joe, do you want to read it in? MR. MUCHA: Yes, sir. For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to Case No. CESD20200000524, violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i). Location is 14573 Apalachee Street, Naples. Folio Number is 25967800360. Description of the violation is a wood structure erected in the rear yard without a permit. Past orders: On August 28th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board in documents and images for more information. On November 20th, 2020, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has been abated as of December 20th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from October 28th, 2020, to December 20th, 2020, 54 days, for a total fine amount of $5,400. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.49, for a total fine amount of $5,459.49. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at this one? Looks like it didn't take them long to fix it, August to December. MS. ELROD: I'll deny the county the imposition of fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a January 28, 2021 Page 146 second? MS. CURLEY: Second. And we include the 59.49 in hearing costs. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next case, No. 13, CESD20190007370, Edward A. Cruey, Jr., and Juanita S. Cruey. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MS. BUCHILLON: Respondent was notified regular and certified mail on December 16th, 2020, and it was also posted at the property and courthouse on December 21st, 2020. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to Case No. CESD20190007370, violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location was 177 North Lopez Lane, Chokoloskee; Folio No. 26081040005. Description was a shed with overhang on the property without a permit. Past order: On November 22nd, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and January 28, 2021 Page 147 ordered to correct the violations. See the attached order of the Board, OR5703, Page 3290, for more information. Violation has been abated as of November 17th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from May 21st, 2020, to November 17th, 2020, 181 days, for a total fine amount of $18,100. 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 $18,159.35. CHAIRMAN KAUFMAN: Okay. Again -- MR. MUCHA: They did submit a request. MS. BUCHILLON: Letter. MS. CURLEY: They wrote something. MS. BUCHILLON: It's behind it. MS. CURLEY: I make a motion to deny the county's request for $18,100 to also include the 59.35 for today's operational costs. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is this a restaurant? MR. MUCHA: It's behind -- there is a restaurant, yeah. CHAIRMAN KAUFMAN: Yeah, I remember. MS. BUCHILLON: Next case, No. 14, CESD20200001102, January 28, 2021 Page 148 Alexander Pico and Aymee Perez. CHAIRMAN KAUFMAN: Let the record show respondent is not present. MS. BUCHILLON: Respondent was notified regular and certified mail on December 16th, 2020, and it was also posted at the property and courthouse, December 11, 2020. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. All right. For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to Case No. CESD20200001102. Violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), and the Florida Building Code, 6th Edition, Chapter 1, Section 105.1. Violation location is 14577 Apalachee Street, Naples; Folio No. 25967800386. Description is a gazebo, shed, and fencing in rear yard erected without any permits. Past orders: On October [sic] 8th, 2020, 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, OR5817, Page 3110, for more information. Violation has been abated as of December 8th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from November 26th, 2020, to December 8th, 2020, 13 days, for a total fine amount of $1,300. 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 $1,359.35. CHAIRMAN KAUFMAN: Okay. They took care of the January 28, 2021 Page 149 problem right away, two weeks. Anybody want to make a motion? MS. ELROD: Make a motion to deny the county the imposition of fines. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thanks, Joe. SPEAKER: Last case, No. 15, CESD20190001769, SA Equity Group, LLC. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MS. BUCHILLON: Respondent was notified regular and certified mail December 16, 2020 and was also posted at the property and courthouse December 9th, 2020. CHAIRMAN KAUFMAN: Tony, you were here all day waiting for this. MR. ASARO: You can all go to lunch after this. CHAIRMAN KAUFMAN: Why you don't you read it into the record. (The speakers were duly sworn and indicated in the affirmative.) MR. ASARO: I do. Good afternoon. The Board of County Commissioners versus SA Equity Group, LLC. Violation of the Collier County Land January 28, 2021 Page 150 Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Location is 114 New Market Road East, Immokalee, Florida, 34142; folio number is 63864440005. Description: Structures on the property or structure on the proper without first obtaining a Collier County building permit. Past order: On July 23rd, 2020, 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, OR5803, Page 1697, for more information. The violation has not been abated as of January 28th, 2021. Fines and costs to date are as follows: Fines have accrued at the rate of $200 per day for a period from November 21st, 2020, to January 28th, 2021, 69 days, for a total fine amount of $13,800. Fines continue to accrue. Previously assessed operational costs of $59.35 have not been paid. Operational costs for today's hearing: $59.42. Total amount: $13,918.77. CHAIRMAN KAUFMAN: Let me read the case number into the record; 20190001769, okay. Someone like to take a shot at this one? MR. LEFEBVRE: Is this -- is this a farmer's market? MR. ASARO: Yes. MR. LEFEBVRE: This is where the younger guy -- the younger guy came in multiple times? MR. ASARO: Yeah. MS. CURLEY: Well, this is also a different -- the engineer came in last time, because there's an affidavit here for it. MR. ASARO: Yeah, AJ City came in. January 28, 2021 Page 151 MR. LEFEBVRE: So what happened? How come he's not paying -- have you been in contact with him? MR. ASARO: No, I haven't been -- the property -- I talked to the -- I've talked to the engineer yesterday, and there's -- he says they're still working on it, but I have not heard anything from the property owner. MR. LEFEBVRE: That's kind of unusual. I mean, it was a younger guy. MR. ASARO: Yeah, that was his nephew -- MR. LEFEBVRE: Oh, okay. MR. ASARO: -- that came to represent him, but I haven't heard any -- I've got no further communication with them. CHAIRMAN KAUFMAN: And the operational costs were not paid. MS. CURLEY: Is the market still open? MR. ASARO: As far as I know. MR. LEFEBVRE: Okay. Well, I mean, it's unfortunate because we've had him in here multiple times. He knows the process. Unless the nephew's no longer working for his uncle. MR. ASARO: I believe he is, but I just haven't heard anything from him. They haven't reached out to us. As I said, as of yesterday the engineer reached out to me and said they were still working on it, but I've heard that many times before, so... MR. LEFEBVRE: All right. Well, we have no choice but to impose the fines. MS. CURLEY: Second. MR. LEFEBVRE: So that's my motion. CHAIRMAN KAUFMAN: We have a motion to impose the fines and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. January 28, 2021 CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Tony. MR. ASARO: Thank you. CHAIRMAN KAUFMAN: Was that the last case, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 : 16 p.m. ENFORCEMENT BOARD OBE KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK • o2,4,25/s00-1 These minutes approved by the Board on , as presented or as corrected Page 152