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CEB Minutes 04/23/2021April 23, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, April 23, 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 Danny Blanco Chloe Bowman Kathleen Elrod Sue Curley (Excused) Herminio Ortega (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Co ter COUnty Growth Management Department Code Enforcement Division Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 April 23, 2021 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice -Chair Kathleen Elrod, Member Danny Blanco, Member Chloe Bowman, Member Sue Curley, Member Herminio Ortega, Member Barbara Ann Davis, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME CASE NO: CESD20180004425 OWNER: Maria C Ramirez OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Structures including but not limited to, sheds, pole barn, chicken coop, and trailer built on property without first obtaining all required Collier County Building Permits. Three expired Collier County Building Permits, PRBD20140925624, PRBD20140927647, and PRB20160726667. FOLIO NO: 759800108 PROPERTY 11700 Labrador Ln, Naples, FL ADDRESS: CASE NO: CEAU20200004120 OWNER: Melanie Ann Carter and Reginald Von Carter OFFICER: Arthur Ford VIOLATIONS: Florida Building Code 6t' Edition (2017) Building, Chapter 1, Section 105.1, and Collier County Land Development Code 04- 41, as amended, Section 10.02.06(B)(1)(e)(i). A fence installed without required permits, inspections, and certificate of completion. FOLIO NO: 62762480003 PROPERTY 700 94t' Ave N, Naples, FL ADDRESS: B. STIPULATIONS (NON -CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES am:W_1 CI I � [rI+9 CASE NO: CESD20200007708 OWNER: Lisa M Seymour 4. 5. OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Shed type accessory structure and canopy erected prior to obtaining Collier County Building permits. FOLIO NO: 77210880001 PROPERTY 112 2' St, Naples, FL ADDRESS: CASE NO: CEVR20200011119 OWNER: Jorge F Rodriguez OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(c). Removal of native vegetation in violation of conditions expressly provided within a Vegetation Removal Permit and/or beyond the scope of said Permit and damaging native vegetation by bringing in Fill. FOLIO NO: 65770360002 PROPERTY 678 Pine Crest Ln, Naples, FL ADDRESS: CASE NO: CEVR20200005901 OWNER: FIELDS OF GREEN LAWN CARE INC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). An unimproved, estates zoned property where more than 2 acres were cleared without any vegetation removal permit or issued Collier County building permit. FOLIO NO: 37923960009 PROPERTY 4792 1 l' Ave SW, Naples, FL ADDRESS: CASE NO: CEVR20200002859 OWNER: Leslet Jean Charles and Anne -Rose Jean Charles OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a)(e). Observed indetermined amount of vegetation removal on unimproved parcel in Estates zoned property. FOLIO NO: 37067440003 PROPERTY 631 9' St NW, Naples, FL ADDRESS: CASE NO: CESD20200006363 OWNER: Miguel Arroyo OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41. as amended, Section 10.02.06(B)(1)(a). Owner enclosed the porch/entryway and a detached 16ft x 12ft detached garage without first obtaining a valid Collier County permit. FOLIO NO: 62091600004 PROPERTY 5217 Martin St, Naples, FL ADDRESS: 6. CASE NO: CESD20200002257 OWNER: Brendan F Hickey OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Observed erected detached structure on improved estates zoned property. FOLIO NO: 36711361002 PROPERTY 3870 1st Ave NW, Naples, FL ADDRESS: 7. CASE NO: CESD20200010389 OWNER: BRIDGE WF FL WAVERLEY PL LLC OFFICER: Santo Nicita VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior alteration of the clubhouse including the floor, windows, and demolition of walls without a permit. FOLIO NO: 36180122005 PROPERTY 5300 Hemingway Ln W, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE -HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS • CASE NO: CEAU20170016724 OWNER: Tam Thanh Nguyen and Tammy Nguyen OFFICER: Delicia Pulse VIOLATIONS: Florida Building Code, 6" Edition (2017), Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Chain link and wood fence on property and no Collier County Building permit, fencing is dilapidated and not maintained. FOLIO NO: 38396160008 PROPERTY 5175 Green Blvd, Naples, FL ADDRESS: 2. CASE NO: CEPM20180011817 OWNER: ELAH HOLDINGS LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c) and Florida Building Code, 6' 4. 5. Edition (2017), Section 454.2.17. Residential swimming barrier requirement. FOLIO NO: 38331640004 PROPERTY 6191 Green Blvd, Naples, FL ADDRESS: CASE NO: CEVR20180002560 OWNER: Maria C Ramirez OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a). 1) Removal of native vegetation canopy trees, ground cover, and mid -story plants, where the total area cleared exceeds the maximum 1 acre under the Building Permit issued for construction of the principal structure; 2) Site work, improvement of property, grading, or other alteration of land using heavy machinery, including placement of fill (dirt/concrete), that removed, damaged, or destroyed vegetation without first obtaining County approval; and 3) Failure to maintain the minimum vegetation required within a Rural Fringe Mixed Use -Receiving Lands Overlay, i.e., special clearing limitations (retain minimum 40% of native vegetation present as of July 2002 and not to exceed 25% of total site area). FOLIO NO: 759800108 PROPERTY 11700 Labrador Ln, Naples, FL ADDRESS: CASE NO: CESD20190009564 OWNER: Syed M Madni OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Accessory barn structure with interior alterations made for residence living space. FOLIO NO: 00215560005 PROPERTY 1858 Richards Street, Naples, FL ADDRESS: CASE NO: CESD20190003219 OWNER: Mark Ryan Morgan OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alteration/repairs to seawall without obtaining Collier County permits. FOLIO NO: 46273160003 PROPERTY 241 Harbor PI N, Goodland, FL ADDRESS: CASE NO: CEROW20150023031 OWNER: Veronica Tressler, Barbara Dethloff and Elizabeth Lucky OFFICER: Sherry Patterson 8. 9. 10. VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). A culvert drainage pipe in need of repair or replacement. FOLIO NO: 161080008 PROPERTY 231 Willoughby Dr, Naples, FL ADDRESS: CASE NO: CEVR20180005925 OWNER: Eric P Solomon and Cammeron Solomon OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 3.05.04(D), 3.05.02(G)(5), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal of native vegetation and ground cover within a wetland area where the total area cleared exceeds the permissible one (1) acre without first obtaining a Vegetation Removal permit. FOLIO NO: 41933120003 PROPERTY 6180 Hidden Oaks Ln, Naples, FL ADDRESS: CASE NO: CEPM20200004824 OWNER: Matthew J Smith and Jennifer A Smith OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). A screened pool enclosure missing screening, rendering it a health/safety hazard. FOLIO NO: 41820960004 PROPERTY 710 Logan Blvd N, Naples, FL ADDRESS: CASE NO: CESD20190010331 OWNER: THOMAS P RYAN TRUST OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.0206(B)(1)(a) and 10.02.06(B)(1)(e)(i). A dock installed without required permits, inspections, and certificate of completion. FOLIO NO: 65471400009 PROPERTY 372 Sharwood Dr, Naples, FL ADDRESS: CASE NO: CESD20200004952 OWNER: ALL BUILDING AND MAINTENANCE LLC OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Renovations/alterations including but not limited to, drywall, kitchen cabinets, and windows. FOLIO NO: 67030560003 PROPERTY 302 Pinehurst Cir, Naples, FL ADDRESS: 11. CASE NO: CESD20190010312 OWNER: Lois L Wolf OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections, and certificate of completion. FOLIO NO: 65470600004 PROPERTY 212 Sharwood Dr, Naples, FL ADDRESS: 12. CASE NO: CESD20190003992 OWNER: Adolphe Antoine and Nahomie Plancher OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Structure built without a Collier County Permit. FOLIO NO: 68843320003 PROPERTY 6031 Hollow Dr, Naples, FL ADDRESS: 13. CASE NO: CESD20200000792 OWNER: Eva Martinez OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted shed, fence, and addition. FOLIO NO: 25967801945 PROPERTY 14548 Apalachee St, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS 9.1. Code Enforcement Board Orders Workshop X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD HEARINGS 12.2. CENA20210002435 Gebhart XIII. NEXT HEARING DATE -MAY 27, 2021 AT 9:OOAM XIV.ADJOURN April 23, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. Sorry we're late. MR. BLANCO: (Raises hand.) CHAIRMAN KAUFMAN: You don't have to raise your hand. We have other empty seats. I'd like to call the Code Enforcement Board to order. Notice: That 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' time unless it's adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure 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. Okay. I'd like everybody to stand for the pledge. (The Pledge of Allegiance was recited in unison, and the proceedings continued as follows:) CHAIRMAN KAUFMAN: Good morning, Helen. Would you do the roll call for us, please. MS. BUCHILLON: Sure. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BOWMAN: Mr. Gerald Lefebvre is excused. Ms. Kathleen Elrod. MS. ELROD: Here. April 23, 2021 Page 3 MS. BUCHILLON: Mr. Danny Blanco. MR. BLANCO: Here. MS. BUCHILLON: Ms. Chloe Bowman. MS. BOWMAN: Here. MS. BUCHILLON: Ms. Sue Curley is excused. Mr. Herminio Ortega, not excused. CHAIRMAN KAUFMAN: Okay. Which brings us to the approval of the minutes, and I think that Patrick has something to say to us regarding the minutes. MR. WHITE: Yes, Mr. Chairman. I'm certain that the minutes reflect that at last meeting Mr. Ortega announced that he had a conflict of interest, and after the meeting I provided him the appropriate Form 8B and, by email communication, I was informed that he had completed it and signed it consistent with my recommendations and direction to him, and he was supposed to bring it today, per the statute, and I was going to have it put into the record. My understanding, since he's excused today, in hopes of being here next month, we will comply with the statute next month and provide the Form 8B original for our minutes keeper and for the record. CHAIRMAN KAUFMAN: Could he mail it to you? MR. WHITE: The email alone wouldn't be sufficient. CHAIRMAN KAUFMAN: No, no, no. Snail mail. MR. WHITE: No. He could, and I would ask him to -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- and gain custody of it and bring it in and submit it at next month's meeting, if that's the way he wants to go. CHAIRMAN KAUFMAN: Fine. Okay. Great. MR. WHITE: Thank you, Mr. Chair. MS. BUCHILLON: Mr. Kaufman, we need to open the Nuisance Abatement Board first. April 23, 2021 Page 4 CHAIRMAN KAUFMAN: We can do that. I'd like to call the Nuisance Abatement Board to order. For those of you who haven't heard this before, it's very similar to our meeting, only it's a different board. All the members are the same, et cetera. So I'd like to open the Nuisance board. And -- MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: I believe you'd need to do that by adjourning the Code Enforcement Board and, by motion, bringing to order the code enforcement -- excuse me -- the public Nuisance Abatement Board. CHAIRMAN KAUFMAN: Okay. I need a motion to close the Code Enforcement Board. MS. ELROD: Motion to close. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now I'd like to open up the Nuisance Abatement Board. Get a motion for that? MS. ELROD: Motion to open. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. April 23, 2021 Page 5 CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You happy, Patrick? MR. WHITE: My emotional state is irrelevant. But I think we've complied with the law. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I would just note for the record that on today's published agenda, that would have been Item Roman Numeral XII.1, the case, and Helen will introduce it. CHAIRMAN KAUFMAN: We'll modify the agenda that reflects -- MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: -- that we heard this one first when we get to the agenda. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings for the Nuisance Abatement Board, No. XII.2, CENA20210002435, Gebhart. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning, Joe. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: You have something for us? MR. MUCHA: Yes. I'll get right into it. For the record, Joe Mucha, supervisor with Collier County Code Enforcement. This is in reference to Case No. CENA20210002435 regarding violation of the Collier County Code of Laws and Ordinances, Section 2-2027, Subsection 2, a public nuisance property with a April 23, 2021 Page 6 history of code violations and several narcotics-related arrests located at 5323 Trammel Street, Naples, 34113. Folio 62264320001. Service given on March 12th, 2021. CHAIRMAN KAUFMAN: Let me just say that the respondent is not present. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: So I'm going to go into the details of the case. This case was opened on March 12th, 2021, after the Collier County Sheriff's Office had provided -- I'm sorry -- had requested we bring the property before the Nuisance Abatement Board. Pursuant to the code enforcement -- sorry. Pursuant to the Collier County ordinance, Collier County Sheriff's Office provided Code Enforcement Supervisor Eric Short with documentation to show that several arrests had been made at this location and/or involving individuals residing at this location. Sorry. In December of 2019, Collier County Sheriff's Office served -- excuse me. MS. BOWMAN: Are you okay? MR. LETOURNEAU: Are you okay? MR. MUCHA: Yeah. I'm just -- CHAIRMAN KAUFMAN: We sent Eric up to help you. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. For the record, Supervisor Eric Short with Collier County Code Enforcement. As Joe mentioned, the Sheriff's Office provided us with documentation to show that several arrests had been made at this location and/or involving individuals residing at this location. In December of 2019, the Collier County Sheriff's Office served April 23, 2021 Page 7 a narcotics search warrant where occupants of the dwelling were arrested for drug possession and trafficking charges. On March 5th, 2021, an additional narcotics search warrant was executed by the Collier County Sheriff's Office where 13 people were arrested at the subject property on various drug possession and trafficking charges. During the search, syringes, pipes, packages of fentanyl, cocaine, and other elicit drugs and paraphernalia were discovered. Three firearms were also found in the home. Code enforcement currently has open cases on the property that are accruing fines due to the structures being occupied without utilities and for broken windows. Those cases have been adjudicated before the Collier County special magistrate and are accruing daily fines. On March 24th, Supervisor Mucha was able to contact the property owner's sister-in-law, Paula Douberly. Ms. Douberly informed me that the property was in foreclosure and that the Community Loan Servicing -- with Community Loan Servicing but due to COVID, the proceedings had stalled. Supervisor Mucha was able to contact a representative of Community Loan Servicing and explain the situation. The representative was unable to give Supervisor Mucha any information regarding the status of the property, but they did take his contact information down. A site visit was conducted on March 29th where Supervisor Mucha observed that the property remained in the same condition, and that same day an email was sent to Ms. Douberly and Community Loan Servicing with a copy of the notice of violation. No response was received, and this case was then prepared for the Nuisance Abatement Board. On April 2nd, Supervisor Mucha emailed Ms. Douberly and April 23, 2021 Page 8 Community Loan Servicing a copy of the notice of hearing, and no response was received. On April 9th, 2021, the Collier County Sheriff's Office executed an additional narcotics search warrant for the subject property and arrested six other people on related drug charges. Mr. Chair, we have Detective Morgan Rogers with the Collier County Sheriff's Office, Vice Narcotics Bureau. He's present with us today and available for any further testimony as Supervisor Mucha goes through some of the photographs and documents that were provided to Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: The first thing I would like to present is a letter that was from Detective Rogers to Supervisor Short. MR. LETOURNEAU: Are you going to get -- CHAIRMAN KAUFMAN: Could we get a motion to accept all the documentation that you're going to present to us. MS. BOWMAN: Make a motion to accept the documentation. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MUCHA: As you read the letter here, it basically details the history of, basically, the last year, year-and-a-half at this location. MR. LETOURNEAU: Let me know when you want me to April 23, 2021 Page 9 scroll down. CHAIRMAN KAUFMAN: You can scroll down a little bit. MS. BOWMAN: You can scroll. CHAIRMAN KAUFMAN: Is there any security to keep this place locked up at this time? MR. MUCHA: I'm sorry? CHAIRMAN KAUFMAN: Is there any security; in other words, has it been boarded up? Are the doors locked? MR. MUCHA: No, it's kind of an open house that people come and go. MR. LETOURNEAU: That's why we're here today, to get the approvals to take the measures. CHAIRMAN KAUFMAN: Okay. Next. MR. MUCHA: The next will be an aerial image showing where the location of the property is. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Are we done with the letter or -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: Point of order, Mr. Chairman. At some point in the proceedings, I'd recommend that what you just saw would be included as part of any order finding a violation, if that's the Board's preference going forward, and that that would be an attachment, an Exhibit A to your order, so that it would be incorporated by reference. So as we get to that point in the proceeding, I just wanted to make that statement now so that as we're going through and looking at the additional evidence, we can keep in mind that it will be something that hopefully is -- when we get to the point of putting together a finding and creating the order, it would be included. CHAIRMAN KAUFMAN: Fine. MR. MUCHA: And this is basically showing you it's a residential neighborhood. There's a couple schools in the area, a high April 23, 2021 Page 10 school and an elementary school. MR. LETOURNEAU: What do you want next, Joe? MR. MUCHA: The call for service report, I guess, ranging from January 2019 to March of 2021. CHAIRMAN KAUFMAN: Those are all the calls that were made to the Sheriff? MR. MUCHA: Yes. And Detective Rogers could probably expound more on some of this stuff, if you need him to. You can see there's a lot of different -- theft, I mean, all kinds of stuff. MS. BOWMAN: Why does it take 92 calls or -- what is that, 127 calls to bring it? CHAIRMAN KAUFMAN: You can ask the detective when he comes up. (The speaker was duly sworn and indicated in the affirmative.) DETECTIVE ROGERS: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. You may want to share the microphone with Joe. DETECTIVE ROGERS: So what we have here is the calls of service that we've received at this residence over the last year or so. As you can see, there's -- we've received many, many calls from disturbances over loud music complaints to indicating that this residence is being used as a drug house. CHAIRMAN KAUFMAN: Are they coming from various -- DETECTIVE ROGERS: Various, yes, neighbors. CHAIRMAN KAUFMAN: Various people, neighbors? DETECTIVE ROGERS: Yes. It's all -- it's been a huge concern. Actually, after they served the warrant, I think the news media was out there, one of our narcotics warrants, and they're interviewing the neighbors, and they were expressing their concerns and frustrations on that residence. April 23, 2021 Page 11 So this is a situation that we've arrested over 30 people in the last year or so. And we're not going to arrest ourselves out of this problem. So that's why we've come with Code Enforcement to try to find a different, you know, tactic to address the situation. And the only way we're going to probably resolve this is for it to be declared a public nuisance and for it to be boarded up. CHAIRMAN KAUFMAN: Boarded up. DETECTIVE ROGERS: We arrest people, and more people come in. Whether they're in jail, we get other people they know it's a vacant residence that they can access, and not only are they dealing drugs out of there; they're also utilizing drugs. When we did our search warrants, which you will see in the photographs what we'll show you, you can't -- if you walk inside the house, there's not one single room you can walk into and not see narcotic paraphernalia or narcotics in view. So anybody in that residence should have or would have known that there's narcotics. And it's -- I've been in narcotics for over 20 years -- I'm a supervisor with the Narcotics Unit -- and this has been kind of eye opening for us because of the amount of activity that's continued and continued. And we've put a lot of time, resources, and effort into addressing this particular residence. When we were there on two occasions, they had no power. They're running generators. The power had been cut off, house is in disarray, and it's nonstop all hours of the night, all hours of the night. So, you know, we kind of wanted to show you these calls for service so you can get a better picture of exactly, you know, the amount of complaints that were going on -- CHAIRMAN KAUFMAN: Have you had -- DETECTIVE ROGERS: -- at the residence. CHAIRMAN KAUFMAN: -- an opportunity to speak to the owner in the beginning? April 23, 2021 Page 12 DETECTIVE ROGERS: No. The owner has never been available to us. It was an elderly lady. CHAIRMAN KAUFMAN: Lives out of state? DETECTIVE ROGERS: I don't know. We couldn't track her down. CHAIRMAN KAUFMAN: Where's the tax -- I'll ask Joe. Do you know where the tax bill is sent? MR. MUCHA: I think the bank, this Community Loan Servicing is paying the taxes on it. From what I understand, a foreclosure was started on it, but because of COVID, everything stalled out. So when I contacted the bank, they just -- they wouldn't give me any information. CHAIRMAN KAUFMAN: Okay. Moving right along. MR. LETOURNEAU: Okay. We're going to jump into some pictures here. This is from the 2019 warrant. We've got seven pictures. CHAIRMAN KAUFMAN: Okay. We already passed a motion to accept all of this stuff. MR. LETOURNEAU: Okay. I don't know if -- CHAIRMAN KAUFMAN: Somebody forgot to make the bed. MR. LETOURNEAU: Okay. Just flip through these. We wanted to kind of point out this right here because it had, like, drug house rules. It's kind of hard to zoom in, but you can see the bottom one "no taking drugs to the max." CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: It's pretty eye-opening, to be honest. You see the paraphernalia. CHAIRMAN KAUFMAN: Uh-huh. MR. LETOURNEAU: Syringes everywhere. And the next set is going to be the 2021 warrant. And this is 17 pictures, I believe. April 23, 2021 Page 13 MR. MUCHA: Yeah, 17. MR. LETOURNEAU: Stop me if you want to look at one. Weapon. Here's a picture of where I believe they tried to -- they removed the electric here or -- and then they re-routed it at some point and then they ended up using a generator, correct? MR. MUCHA: Correct. MR. LETOURNEAU: And then right now they don't have any electric or water? MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Can I assume that from 2019 to when these pictures were taken there was nothing done to clean up that? Was there any effort, or it just remained as it was in 2019 and this is just a continuation? DETECTIVE ROGERS: In addressing the code enforcement issues, Code Enforcement could answer those better, but we continued our investigation as always we kept getting more complaints. I don't recall if in 2019 there was no power at the time. I can -- because I wasn't there on that particular day, but on all -- the two search warrants that we conducted, just the last two months, there definitely was no power, and all the violations were as we were seeing with generators running, you know, throughout the evening. CHAIRMAN KAUFMAN: When you see the firearm, that was taken? DETECTIVE ROGERS: Yes. CHAIRMAN KAUFMAN: It wasn't just left there. DETECTIVE ROGERS: Yes, absolutely. CHAIRMAN KAUFMAN: Okay. But somebody's providing a generator and running it. Is this being run as a business to do drugs in this place? DETECTIVE ROGERS: It appears that the residence, again, is April 23, 2021 Page 14 being utilized by narcotics dealers and drug traffickers. So there would be one person that is kind of like in charge of the house, we arrest that individual, and someone else takes their spot, and they become kind of, like, the manager of the residence. And they -- it's up to them to allow who they want to come into that residence, rent rooms or whatever, you know, negotiations they dealt with of how -- you know, how payment would be made, whether they're going to sell for them or whatever the case is. But there was clearly some establishment of a dominant -- somebody in a dominant position in that residence that would control who comes in and who's allowed to stay there. And on the first warrant that we did this year, there were 17 individuals in that residence. We arrested 13 out of the 17. I mean, we've arrested a lot of people before in houses, maybe, you know, an average of eight, maybe 10, but 13 was kind of an extraordinary number for us, and a lot of these individuals, you know, need drug assistance, which we provided them with literature on where to get drug assistance. Clearly drug addicts, drug sellers were also present, and the traffickers, because we sent a significant amount of narcotics out of there. MS. BOWMAN: And the homeowner is not associated with any of the people that are running -- DETECTIVE ROGERS: The homeowner has been -- it's an elderly lady that has not, basically -- I don't know her current status and her -- you know, what we heard is she was in really bad health. CHAIRMAN KAUFMAN: You can't find her either, so... DETECTIVE ROGERS: No. She's basically a nonexistent factor in this. MS. BOWMAN: Okay. DETECTIVE ROGERS: So that's why we need to kind of push forward and try to address this, because this will not stop until it gets April 23, 2021 Page 15 boarded up, you know. MS. BOWMAN: Can we make a motion that a violation exists? CHAIRMAN KAUFMAN: Well, let's finish the case presentation. MR. LETOURNEAU: Yeah, as you see here -- CHAIRMAN KAUFMAN: Not so much for us, but should there be an appeal. MS. ELROD: So it's on the record. MR. LETOURNEAU: Yeah, for the record. So I believe, Joe, this is a picture of where they kind of jacked into the electric and were taking it illegally? MR. MUCHA: Yes, sir, that is correct. MR. LETOURNEAU: FPL. This is just more of the same. Another firearm, and that's it for the pictures. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Joe, do you have any more? MR. MUCHA: No, that's all the evidence we have at this time. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: If you don't mind, it's a little out of the usual practice, but I believe that I'm authorized to inquire of expert witnesses on your behalf, and I would like to do so at this time. CHAIRMAN KAUFMAN: Inquire away. MR. WHITE: Thank you. Sergeant Morgan, you're the one that prepared the memorandum that I referenced earlier and provided that to Eric Short? DETECTIVE ROGERS: That's correct. MR. WHITE: Based on that and your testimony as well as your knowledge of the circumstances at these premises, would you say that on more than two occasions within a six-month period that there was unlawful sale, delivery, or manufacture or cultivation of a April 23, 2021 Page 16 controlled substance? DETECTIVE ROGERS: That's correct. MR. WHITE: And would you also agree that on at least one occasion at the site there was the unlawful possession of a controlled substance where the possession would constitute a felony and that had been previously used on more than one occasion at that location for the unlawful sale, delivery, manufacture, or cultivation of any controlled substance? DETECTIVE ROGERS: Yes, sir, correct. MR. WHITE: I appreciate that. The point of that was simply to the requirements of Section 893.138, Florida Statutes, and to tie it into the cited section of the notice of violation and notice of hearing and to be consistent with the definition of what is a public nuisance in the county's Code of Laws and Ordinances. I appreciate your assistance in allowing me to do that as well, Mr. Chair. CHAIRMAN KAUFMAN: Okay. Just from a code perspective, this has many, many times it's been cited. MS. BOWMAN: Health and safety. MR. MUCHA: Yes. We have two other cases that have been accruing fines that have already been to hearing. CHAIRMAN KAUFMAN: Okay. So our next job in front of the Board is to find out whether a violation exists, and then we go forward from there. MS. BOWMAN: Make a motion that a violation exists. CHAIRMAN KAUFMAN: We have a motion that a violation exists. MS. ELROD: Second. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. MS. BOWMAN: Aye. April 23, 2021 Page 17 CHAIRMAN KAUFMAN: All those opposed -- all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, there are two things that can be done that I'm aware of, but I'll ask for your recommendation. One is a fine. If it's in foreclosure, you can't fine the owner. That's a Band-Aid on a very bad cut, but to secure the facility so that this stops. So why don't you give us your recommendation, and we can go from there. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: I just wanted to put on the record that the respondent was notified regular and certified mail April 5th, 2021, and it was posted at the property and courthouse April 2nd, 2021. CHAIRMAN KAUFMAN: Okay. You attempted to notify them, but you can't find the -- MS. BUCHILLON: Right. CHAIRMAN KAUFMAN: -- the owner, so -- okay. MR. WHITE: If you don't mind, Mr. Chair, I hate to interrupt again. I know this case is a little out of the ordinary. And what I'd like to do is just apprise the Board of what authority you have in the order that you're going to contemplate now that you find a violation and both the statute I referenced earlier and the codes say is that the public Nuisance Abatement Board may enter an order immediately prohibiting, one, the maintaining of the nuisance; two, operating or April 23, 2021 Page 18 maintaining the premises, including the enclosure of the premises or any part thereof; three, some -- you can immediately prohibit the conduct, operation, or maintenance of any business on the premises which is conducive to the nuisance itself, so I -- CHAIRMAN KAUFMAN: I'm sure that Joe is going to provide something that fits that rhetoric right now. Okay, Joe. MR. MUCHA: Okay. My recommendation is that the Nuisance Abatement 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 to abate all violations by: One, vacating the premises of all occupants within seven days of this hearing; the property shall remain vacant for blank days; Two, the respondent must notify the code enforcement investigator when the violation has been abated 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 and any local, state, or federal court systems to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Does that include securing it? I'm talking about it -- MR. MUCHA: Yes, sir. No. 2 would cover whatever means necessary. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Just for the record, Jeff Letourneau, Collier County Code Enforcement. The reason we didn't add any fines is we already got thousands of dollars of fines running. It's not going -- it's not going to help the situation. The county's prepared to, like it says below, take any April 23, 2021 Page 19 means necessary to assure that this property gets secured. CHAIRMAN KAUFMAN: One quick sideline question. Do you believe boarding the building will stop this? MR. MUCHA: Are you asking me? CHAIRMAN KAUFMAN: The detective. DETECTIVE ROGERS: I think that's a first step is to board this building, and we will maintain extra patrol and monitor the residence very close to ensure that there's nobody else that's trying to gain access back into that residence. But that would be the best course of action, yes, sir. CHAIRMAN KAUFMAN: Okay. That falls into Item 2 on this list. Okay. Okay. So the only blank that I see on your -- a suggestion is vacant for X amount of days. Probably "indefinitely" is the word I'd put in there. MR. WHITE: Mr. Chair? CHAIRMAN KAUFMAN: Yeah. MR. WHITE: Both the code and state law limit the effect of your order to one year. CHAIRMAN KAUFMAN: Okay. MR. WHITE: It expires after one year; however, prior to that year, you can -- because you retained jurisdiction, take whatever action may be appropriate based on the evidence at that point in time. CHAIRMAN KAUFMAN: So it becomes a -- MR. WHITE: So my suggestion would be 364 days. CHAIRMAN KAUFMAN: Okay. So would somebody like to -- MS. ELROD: Well, I have a question. CHAIRMAN KAUFMAN: Sure. MS. ELROD: And if it's foreclosed on and a new person owns it, are they unable to occupy the dwelling? April 23, 2021 Page 20 CHAIRMAN KAUFMAN: Once it's changed owners -- MR. LETOURNEAU: I think at that time I believe that code would schedule the new owners to come in before the Board and ask for the order to be rescinded or whatever at that point, or the time that the property remains vacant to be lessened so they can get in there and take care of it. CHAIRMAN KAUFMAN: Okay. So which brings us back to would be some -- there's only one blank, really, to fill out on this, and that's the suggestion from our attorney to be 364 days. MR. BLANCO: I agree with that. I'll make a motion to 364 days, and I just want to add one thing, that the county brings this case a month prior to that to see whether or not we need to renew that order. MR. LETOURNEAU: We'll do that. We're hoping that the bank steps in shortly here and takes over this property, and at that time we'll bring it back early. But if not, then we will bring it back a month before the 364 days ends. CHAIRMAN KAUFMAN: Just to make sure we're clear on this, so one -- Item 1 on this list is 364 days, and it also includes all of the provisions of No. 2. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I'd ask Mr. Blanco if the form of his motion is one that would include the closure of the property. MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: That's in Item 2. MR. WHITE: I just want it expressed on the record and, similarly, that as part of the order, that you would, in fact, as the public Nuisance Abatement Board, declare this to be -- the property to be a public nuisance. MR. BLANCO: Yes, sir. April 23, 2021 Page 21 MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks. MR. MUCHA: Thank you. DETECTIVE ROGERS: Thank you for taking your time to listen. CHAIRMAN KAUFMAN: Thank you for coming today. Let's go to the Costco of a drug house. MS. BUCHILLON: Now you would need to close -- adjourn the Nuisance -- MR. BLANCO: Make a motion to adjourn the Nuisance Abatement Board. MS. ELROD: I'll second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) April 23, 2021 Page 22 CHAIRMAN KAUFMAN: It carries unanimously. I'd like to make a motion to open the Code Enforcement Board. MR. BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which brings us to the agenda. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Are there any changes? MS. BUCHILLON: Yes, there is. We actually have three stipulations to begin. CHAIRMAN KAUFMAN: Okay. And they are? MS. BUCHILLON: First stipulation under public hearings, No. 7, CESD20200010389, Bridge WF FL Waverley PL, LLC. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next stipulation, No. 6, CESD2020002257, Brendan F. Hickey. And the last stipulation is No. 5, CESD20200006363, Miguel Arroyo. CHAIRMAN KAUFMAN: Okay. So much for stipulations. Next? MS. BUCHILLON: Next would be the withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, Number 1, CESD20200007708, has been withdrawn due to compliance efforts. April 23, 2021 Page 23 Number 3, CEVR20200005901, Fields of Green Lawn Care, Inc., has been withdrawn due to owner is seeking legal counsel. And under old business, C, motion for imposition of fines, No. 4, CESD20190009564, Syed M. Madni, has been withdrawn due to compliance efforts. Number 6, CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky, has been withdrawn due to compliance efforts. Number 9, CESD20190010331, Thomas P. Ryan Trust, has been withdrawn due to compliance efforts. And we have also withdrawn reports, 9.1, the Code Enforcement Board workshop. CHAIRMAN KAUFMAN: Do you have anything else that changes the agenda? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to -- MS. ELROD: Motion to accept. MS. BOWMAN: Just one thing. CHAIRMAN KAUFMAN: We have a question. MS. BOWMAN: Did we need to make an amendment to the agenda based on adding the abatement board in? Didn't we say that before? CHAIRMAN KAUFMAN: Well, it -- MR. WHITE: I believe we've addressed that simply by the adjournment and re -- MS. BOWMAN: Okay. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second -- MS. BOWMAN: Second. CHAIRMAN KAUFMAN: -- to modify the agenda. All those April 23, 2021 Page 24 in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to stipulations. Number 7, I guess, is first. MS. BUCHILLON: Do you want to do the stipulations or the extension of time first? CHAIRMAN KAUFMAN: It's up to you. Let's do the extension first. MS. BUCHILLON: Okay. All right. Public hearings, under motion for extension of time, No. 1, CESD20180004425, Maria C. Ramirez. CHAIRMAN KAUFMAN: We have the hand mic, I guess. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. MATA: Yes. MS. RAMIREZ: Yes, I do. CHAIRMAN KAUFMAN: Could you put your names on the microphone for us? You can move that microphone down. There you go. MS. MATA: My name is Elsa Mata, M-a-t-a, and this is... MS. RODRIGUEZ: Maria Ramirez. CHAIRMAN KAUFMAN: Okay. So that's Elsa. That's Maria. That's Joe. We've got all the players, okay. Okay. So you're requesting an extension of time? MS. MATA: Yes, extension of time to resolve this particular case. A lot of the items within the description there have been April 23, 2021 Page 25 resolved and taken care of. Now we just have -- there's three permits that used to be expired, and they've been reactivated. Some have had to be revised, and now we're working on the inspections. One of those three has actually -- all the inspections have been completed. We're just waiting for the certificate of completion. CHAIRMAN KAUFMAN: So the permits that are listed 1, 2, 3 on our sheet, Joe, those have been re -- MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Redone? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. What does the county have to say about -- first of all on extension, how much of an extension of time are you looking for, till when? MS. MATA: As of right now, the hardest part has been done, which was reactivating and getting everything updated. So now just dealing with inspections. We have to also deal with letters with engineers and also it would have to be a few months. CHAIRMAN KAUFMAN: Is this -- you're doing the -- for affidavit. Is that what we're doing on this; do you know? Do you know, Joe? MS. MATA: Two of them -- two of them, no. Two of them have been updated, and we're working just on the inspection parts. The other one -- no, wait a minute. Yes, they're all just waiting for inspections. There've been activated like a normal permit. CHAIRMAN KAUFMAN: Okay. So, basically, you're looking for how many month's extension? MS. MATA: I don't know how much the county would take and all to finalize these, and I'm waiting for engineers. So I'd have to say at least three months at least. CHAIRMAN KAUFMAN: Okay. And let me ask the county. What do you feel? April 23, 2021 Page 26 MR. MUCHA: Because it's a pole barn and a pool that's left, right? MS. MATA: We have the swimming pool, and then there's columns and screen, which I need engineering. I also need engineering for the pool. And then the gas is almost resolved. So it would be the two. MR. MUCHA: Maybe six months. CHAIRMAN KAUFMAN: Okay. I have a question on the pool. Is that a safety-and-health type -- MR. MUCHA: No. CHAIRMAN KAUFMAN: -- problem? MS. MATA: No. And the actual -- the permit that is for safety, which is the columns and the screening, that's -- those items have been completed. It's all safe and all, just we need to catch up with the inspections. CHAIRMAN KAUFMAN: Okay. So you're looking for an extension until October? MS. MATA: Yes. CHAIRMAN KAUFMAN: Okay. Do we have any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion? MS. ELROD: I'll make a motion to accept -- or to extend it for six months. CHAIRMAN KAUFMAN: Till October. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: And we have a second. MR. WHITE: Mr. Chairman, if I may just -- are we doing an extension, or are we doing a continuance on this? CHAIRMAN KAUFMAN: Extension. MR. BLANCO: Just so the Board's aware, the extension would April 23, 2021 Page 27 wipe the fines currently. CHAIRMAN KAUFMAN: We should be granting a continuance on this, and then we can address the fines at that time. So would you modify your -- MS. ELROD: I guess if I have to, I'll modify it to a continuance. CHAIRMAN KAUFMAN: Chloe. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Danny. Good suggestion. MR. MUCHA: Thank you. MS. MATA: Thank you. MS. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case, No. 2, CEAU20200004120, Melanie Ann Carter and Reginald Von Carter. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. MS. CARTER: I do. MR. CARTER: I do. CHAIRMAN KAUFMAN: Could you both state your name on the microphone for us. MR. CARTER: Reginald Von Carter. CHAIRMAN KAUFMAN: Okay. April 23, 2021 Page 28 MS. CARTER: Melanie Carter. CHAIRMAN KAUFMAN: Okay. This was a fence that was installed without permits, inspections, et cetera. MR. CARTER: Yes. CHAIRMAN KAUFMAN: And you're looking for an extension for what reason? MR. CARTER: We've decided to hire a fencing company to do it instead of doing it ourselves, because there are more things that need to be done because we have a pool as well. CHAIRMAN KAUFMAN: Okay. What's been done since this thing was initially cited? MR. CARTER: I had the permit extended, and we didn't get a chance to -- well, what happened was we extended the permit to get more time, and then when it came to changing the fence, it turns out that the way the fence was made, it wasn't going to work in order to comply with the pool protection. MS. CARTER: So we've also since hired a fencing company and put a deposit in with them for them to pull a permit to protect the pool, really. MR. CARTER: So we're no longer handling it ourselves. We hired the pool company instead. CHAIRMAN KAUFMAN: Eric, when was this originally cited? MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. This recently went before you. They actually beat us to the punch. They requested time in advance of their compliance date that was ordered by you. And just to give you a little background, the fence is in place. There's no imminent threat, you know, for health and safety; however, the way the fence was constructed, like they testified, it does not meet the pool barrier requirements. The gate April 23, 2021 Page 29 has -- the latch has to be 48 inches high, self-latching, things like that. I understand they've retained a contractor to correct those corrections on the rejected permit, and the county has no objection to extending any time at this point. CHAIRMAN KAUFMAN: Okay. So this isn't major brain surgery on this? MR. SHORT: No. A fence contractor should be able to wrap this up with 90 days. CHAIRMAN KAUFMAN: Okay. And you're asking how much time? MS. CARTER: Ninety days. MR. CARTER: Ninety days. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MS. BOWMAN: So this should also be -- CHAIRMAN KAUFMAN: A continuance, yeah. MS. BOWMAN: Continuance. MS. ELROD: Well, they're not being fined right now, correct? MR. SHORT: They are now, but they requested before the fines started accruing. The scheduling just didn't take place until -- CHAIRMAN KAUFMAN: We'll adjust -- after this is done, we can adjust any fines that are accruing or have accrued. MS. BOWMAN: Okay. So I'll make a motion to continue the case. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: I'll second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) April 23, 2021 Page 30 Opposed? MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Okay. We have one opposed. It passes. Okay. So you have 90 days. Hopefully -- I would guess that from what Eric has described, it shouldn't take more than a month, and it's in your best interest to get it done quicker so that you don't have any big fines. Okay. Thank you. Thanks, Eric. MS. BUCHILLON: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: The last case we had, Maria Ramirez, we also have a case for her in imposition of fines. She's still here. CHAIRMAN KAUFMAN: Okay. So you want to change the agenda to bring this up now? MS. BUCHILLON: Yeah, so they can leave. CHAIRMAN KAUFMAN: Okay. I have no problem with that. What case number is that? MS. BUCHILLON: It's under imposition of fines, No. 3, CEVR20180002560. CHAIRMAN KAUFMAN: Get a motion from the Board to adjust the agenda. MS. BOWMAN: Make a motion to adjust the agenda. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. April 23, 2021 Page 31 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. MATA: Yes. MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Terri, everybody's been re-sworn in? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. We'll let you go first since you're -- MS. MATA: Thank you. CHAIRMAN KAUFMAN: Go ahead. MS. MATA: This is a case that -- another case that was open and has been resolved, so we are asking for the waiving of fees. CHAIRMAN KAUFMAN: The waiving of fines? MS. MATA: Fines, yes. CHAIRMAN KAUFMAN: Okay. Fines have -- why don't you read the order into the record, Joe. MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 3.05.01(B) and 10.02.06 (B)(1)(a). Violation location is 11700 Labrador Lane, Naples; Folio No. 759800108. Description of the violation is, one, removal of native vegetation canopy trees, ground cover, and mid-story plants where the total area cleared exceeds the maximum one acre under the building permit April 23, 2021 Page 32 issued for construction of the principal structure; Two, site work, improvement of property, grading, or other alteration of land using heavy machinery, including placement of fill dirt/concrete that removed, damaged, or destroyed vegetation without first obtaining county approval; Three, failure to maintain the minimum vegetation required within a Rural Fringe Mixed-Use receiving lands overlay, special clearing limitations, retaining minimum 40 percent of native vegetation present as of July 2002 and not to exceed 25 percent of the total site area. Past orders: On January 24th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5603, Page 2125, for more information. The violation has been abated as of April 5th, 2021. Fines and costed to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 24th, 2020, to April 5th, 2021, for 438 days, for a total fine amount of $43,800. Previously assessed operational costs of $59.70 and $59.35 have been paid. Operational costs for today's hearing is $59.49 for a total fine amount of $43,859.49. CHAIRMAN KAUFMAN: Thank you, Joe. MR. BLANCO: Make a motion to deny the county's motion for imposition of fines. MS. BOWMAN: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. April 23, 2021 Page 33 CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. They've been abated. MS. MATA: Thank you. MR. MARTINEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Helen, that brings us to? MS. BUCHILLON: The stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First stipulation, No. 7, CESD20200010389, Bridge WF FL Waverley, PL, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. NICITA: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. I have a copy of the stipulation in my package. MR. NICITA: Good morning. For the record, Santo Nicita, Collier County -- CHAIRMAN KAUFMAN: Good morning. MR. NICITA: -- Code Enforcement. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record, and we'll go from there. MR. NICITA: Yes, sir. My supervisor, Supervisor Cristina Perez, met with Bridge Waverley Place, LLC's representative Micah Brown. And, therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by: Obtaining all required Collier County April 23, 2021 Page 34 building permits or demolition permit and certificate of completion and occupancy for the unpermitted interior alterations to the clubhouse within 120 of this hearing, or a fine of $250 per day will be imposed until the violation is abated. 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; 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. We have a stipulation. Does anyone want to approve the stipulation? MS. ELROD: Motion to approve the stipulation as written. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Are you new to Code Enforcement? MR. NICITA: About 11 months, sir. CHAIRMAN KAUFMAN: Oh, okay. I hadn't noticed you here before. MR. NICITA: Thank you. I appreciate that. April 23, 2021 Page 35 CHAIRMAN KAUFMAN: It's either my memory or you haven't been here, one of the two. MR. NICITA: A little of both we'll say. Thank you, sir. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: You haven't been on the Code Enforcement Board for that long, right, Mr. Chairman? CHAIRMAN KAUFMAN: Yeah. No, I haven't been here. MR. BLANCO: Mr. Chairman, would you mind, if the county agrees, would it be possible to take a 10-minute recess? CHAIRMAN KAUFMAN: Okay. Terri, is that okay with you? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: We're going to be taking a 10-minute recess, and then we'll go back on the stipulations. The next stipulation will be No. 6. MS. BUCHILLON: Yes. (A brief recess was had from 10:50 a.m. to 11:02 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Which brings us to Stipulation No. 6 on my chart. MS. BUCHILLON: Yes, sir, Case CESD20200002257, Brendan F. Hickey. (The speaker was duly sworn and indicated in the affirmative.) MS. GUY: I do. CHAIRMAN KAUFMAN: Good morning. Let the record show that the respondent is not present. And how would you like to read the order into the record for us, the stipulation into the record. MS. GUY: Good morning. For the record, Paula Guy, Collier County Code Enforcement. In consideration of the disposition and resolution of the matter as outlined in said notice of violation for which a hearing is April 23, 2021 Page 36 scheduled April 23rd to promote efficiency in the admin of the code enforcement process and to obtain a quick and expeditious resolution in the matters outlined therein, the parties agreed to as follows: Number 1, the violation noted in the referenced notice of violation are accurate, and I stipulate to their existence and that I have been properly notified pursuant Florida [sic] 162. Therefore, this is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, to abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted detached structure within 120 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; 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; 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. What kind of structure was put up here? MS. GUY: This is an animal shelter. It's three stables; small, kind of lean-to with a roof. The last correction letter he received in February of 2021. He was 10 feet shy of meeting the setback requirements, so he attempted to go the variance route, and that estimated about another four to five weeks and, of course, that was not a financial option for him, and now he is back working with the April 23, 2021 Page 37 engineers. He's waiting for a new surveyor, and he's revising the plans to meet the correct setbacks. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MS. ELROD: Make a motion to accept the stipulation as written. MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Paula. MS. GUY: Thank you. CHAIRMAN KAUFMAN: Which brings us to our last stipulation, No. 5. MS. BUCHILLON: Last stipulation, No. 5, CESD20200006363, Miguel Arroyo. CHAIRMAN KAUFMAN: Did you provide us with that stipulation? MS. BUCHILLON: I think we made a copy of that one. Those two were given to us here. CHAIRMAN KAUFMAN: Oh, okay. No problem. Good morning. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you gentlemen give us your name on the microphone for us. April 23, 2021 Page 38 MR. ARROYO, JR: Miguel Arroyo. CHAIRMAN KAUFMAN: And? MR. ARROYO, SR: Miguel Arroyo. MR. ARROYO, JR: Father and son. CHAIRMAN KAUFMAN: Oh, I thought you were twins. Okay. Do you want to say something before he reads the stipulation into the record? MR. ARROYO, JR: I hand it over to John. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion for the enclosure of the porch/entryway and the 16-foot by 12-foot detached garage within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated; Respondent must notify the code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand that stipulation and agree to it? MR. ARROYO, JR: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any questions from the April 23, 2021 Page 39 Board? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Jonathan. MR. ARROYO, JR: Thank you. MS. BUCHILLON: The next item under public hearings, D, hearings, No. 2, CEVR20200011119, Jorge F. Rodriguez. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. RODRIGUEZ, JR: I do. MR. RODRIGUEZ, SR: I do. CHAIRMAN KAUFMAN: Could you gentlemen give us your name on the microphone for us. MR. RODRIGUEZ, SR: Jorge Rodriguez. MR. RODRIGUEZ, JR: Jorge Rodriguez. CHAIRMAN KAUFMAN: Another set of twins. MR. WHITE: Are you both F? MR. RODRIGUEZ, JR: Yes, I'm the second. MR. RODRIGUEZ, SR: Both F. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. You want to present your case? April 23, 2021 Page 40 MS. PULSE: Yes, sir. My name is -- or for the record, Dee Pulse, Collier County Code Enforcement investigator. This is in reference to Case No. CEVR20200011119 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(c). It's for the removal of native vegetation in violation of conditions expressly provided within a vegetation removal permit and/or beyond the scope of said permit and damaging native vegetation by bringing in fill. Location is 678 Pine Crest Lane, Naples, Florida, 34104; Folio 5677036002. Service was given on October 29th, 2020. A complaint was received for prohibited exotics on this unimproved lot. Owner was issued a notice of violation. Owner obtained a vegetation removal permit for removing prohibited exotics only and was to leave all native vegetation and ground cover in place. Subsequent inspection revealed everything was removed with the exception of only a couple of trees, as you will see in the photos. Owner was advised he will need to apply for a building permit or mitigate vegetation improperly removed. A building permit has been applied for on April 14th but, as of today, it is in incomplete submittal status, which is stating it's missing information. I would like to present evidence in the following exhibits: Two photos taken by me on June 23rd, 2020, Property Appraiser aerial for 2020 and 2021, and zoning map. CHAIRMAN KAUFMAN: Okay. Has the respondents seen the photos? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection? MR. RODRIGUEZ, SR: No. MR. RODRIGUEZ, JR: No, sir. April 23, 2021 Page 41 CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the pictures. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: You're seeing a lot here. There's just a couple of trees that Dee described that were left. And then we can go to the aerials next. MR. RODRIGUEZ, SR: On the left side of the property, there's some trees there, too. MR. LETOURNEAU: We're going to go to 2020. As you can see, full woods. In 2021, empty. CHAIRMAN KAUFMAN: On the first picture, what was the vegetation there? Was it -- were they exotics or what? MS. PULSE: They had slash pines, they had palm trees and native -- a bunch of native vegetation. Is that what you mean, in the beginning? CHAIRMAN KAUFMAN: Yes. MS. PULSE: Yes. MR. LETOURNEAU: Like Dee said, the case started out as an exotic case that we asked them to remove the exotics. They pulled the permit and got a little bit overzealous and removed everything, April 23, 2021 Page 42 pretty much. MS. PULSE: I know that their intention was in the future to build, so now they are starting to do that. CHAIRMAN KAUFMAN: Okay. MS. PULSE: But they did go over and beyond what they were approved to do. CHAIRMAN KAUFMAN: Okay. Do you have any other photos? MS. PULSE: No, sir. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Unless you want to see the zoning map. CHAIRMAN KAUFMAN: That's -- is that shaded area over an acre? Probably not. MS. PULSE: I do not believe it's more than an acre. CHAIRMAN KAUFMAN: If you have a -- you're allowed to clear up to an acre, okay. MS. PULSE: With a building permit. CHAIRMAN KAUFMAN: Okay. Your presentation's complete? Okay. MS. PULSE: Yes. CHAIRMAN KAUFMAN: Okay. Sir. MR. RODRIGUEZ, JR: Yes. CHAIRMAN KAUFMAN: You've seen the pictures? MR. RODRIGUEZ, JR: Correct. MR. RODRIGUEZ, SR: Yes, sir. CHAIRMAN KAUFMAN: You've applied for a building permit? MR. RODRIGUEZ, JR: That's correct. MR. RODRIGUEZ, SR: Yes. CHAIRMAN KAUFMAN: So your defense is what? MR. RODRIGUEZ, JR: So, yeah, we've -- as she mentioned, April 23, 2021 Page 43 we've applied for the permit. I'm new to the online application process with the Building Department, and that's why there's -- it shows that there's missing information, because they've now changed, I think it was on the 19th, to go paperless completely. I've done it before with paper, and I've been able to apply for a permit with no kickbacks or no problem with the application. And as she did state, yes, we went overzealous with the intention of building a home. Once we applied for the exotics, we did remove them. We hired a company to come and remove them, but we did clear the rest of the property. We had five or six pine trees, roughly, that were on the property that were going to be -- that were in place of where the house was going -- where the home was going to sit, and that's why we went in and removed the rest of it. In that period of time, we hired an architect to start on the plans, and then he, unfortunately, had COVID, and that delayed it, to get the plans and engineering ready to submit plus design issues. In that process we also -- we did apply for a right-of-way permit, as needed, to be able to access the property. And with the way construction is going -- and we would like to ask for 18 months to be able to build the home once the permit's released. CHAIRMAN KAUFMAN: Well, the violation is the removal of the flora, if you will. MR. RODRIGUEZ, JR: Sure. CHAIRMAN KAUFMAN: And the resolution to that would be if you had a building permit, not when it's completed. So that's where we are right now. I realize that it takes a year or more to build a house, but as we stand right now, somebody went in there, it looks like, with a Bobcat and just stripped the whole property except for two trees or whatever. MR. RODRIGUEZ, JR: Correct. April 23, 2021 Page 44 CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. LETOURNEAU: Just for the record, this is going to be our typical recommendation to follow through all the way to CO on this particular part, because we do have a code violation, and the actual abatement would either be to replant or to obtain the permit, inspections, and get the certificate of occupancy before it actually wasn't a violation anymore. CHAIRMAN KAUFMAN: Okay. First thing we needed to do is to find out whether a violation exists or not. MS. BOWMAN: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And you have a suggestion for us that you'd like to put up? MS. PULSE: Yes, sir. I recommend 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: Number 1, obtaining all required Collier County approved mitigation plans, building permit, inspections, and certificate of completion/occupancy to either keep the unpermitted improvement of April 23, 2021 Page 45 the property as is or to restore the property to its original permitted condition within blank days of this hearing or a fine of blank per day will be imposed until violation is abated; Number 2, the respondent must notify 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're in the process of applying for a building permit to build a single-family house, it looks like -- MR. RODRIGUEZ, JR: That's correct. CHAIRMAN KAUFMAN: -- on the lot. And how far away are you from actually getting the permit? I won't talk about the CO yet, Jeff. MR. RODRIGUEZ, JR: With the -- with their process, it's probably -- once I submit the things that I need today, it may be two or three weeks before they release it. I know they're running behind, but how far behind I don't know for sure. CHAIRMAN KAUFMAN: Well, I understand two or three weeks. Eighteen months is another story. So do you intend on submitting your whatever needs to be submitted to get a building permit to build a structure? MR. RODRIGUEZ, JR: Correct. CHAIRMAN KAUFMAN: And then at some point in time you're going to finish that structure, hopefully. MR. RODRIGUEZ, JR: Yes, sir. CHAIRMAN KAUFMAN: And then at that time you would be in compliance when you have a CO on the structure. April 23, 2021 Page 46 MR. RODRIGUEZ, JR: Yes, sir. CHAIRMAN KAUFMAN: So the Board is faced with what do we do right now. Yes. MR. BLANCO: I have a question. Are you guys building by owner, or are you guys planning on hiring -- MR. RODRIGUEZ, JR: Building by owner. MR. BLANCO: Building by owner, okay. That's all. MS. BOWMAN: They're going to have to come back. CHAIRMAN KAUFMAN: Yeah, one way or the other. So I guess I'm asking the Board what they think a reasonable time would be, when you fill out the blanks in the suggestion from the county, for it to be -- to come into compliance. MR. BLANCO: I would like to make a suggestion. I know that there's a lack of building materials right now, and it's taking a very long time to get wood and doors and a bunch of other stuff, and especially if you guys are building by owner and you're not familiar with the whole process, 18 months, you're going to find yourself, you know, needing a little bit more. I would be open to giving you guys two years, you know, to get the house completed. But you need to get the building permit. You applied for it already, right? MR. RODRIGUEZ, JR: Yes. Correct, yeah. I plan on addressing the things that they're missing today -- MR. BLANCO: Yeah. MR. RODRIGUEZ, JR: -- once we leave here. MS. PULSE: The things that are missing are minor. MR. BLANCO: Okay. I would make a motion for two years, 24 months, and a fine of $50 a day. Quick question. Are you guys financing or -- MR. RODRIGUEZ, SR: No. MR. RODRIGUEZ, JR: No. MR. BLANCO: Okay. Because if you guys are planning on April 23, 2021 Page 47 financing, having this order on the record might make it a little bit more difficult to get financing for this. I just want to make sure you guys are aware of that. MR. RODRIGUEZ, SR: We have the funds. MR. BLANCO: Okay. Perfect. MS. ELROD: Second. CHAIRMAN KAUFMAN: So we have a motion and second. Let me just give you my two cents on this. It's a violation, and the violation -- you could plant all the stuff that needs to be planted there to bring it into compliance by returning -- returning it to its original condition. That's one option. And a reasonable amount of time to do that may be -- it's rainy season coming up. It could be three months, for instance. To give him two years with no fine for violating the code, to me, is not acceptable; to me. MR. BLANCO: No, 24 months with $50 a day. CHAIRMAN KAUFMAN: That's after -- after the 24 months. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: So between now and 24 months, there's no fine. MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. That I can't go along with. MR. RODRIGUEZ, SR: We had to -- we have to make sure that we pull an inspection every six months. CHAIRMAN KAUFMAN: I understand. I know how the building permits work, et cetera. My problem is that somebody came in there, you're doing an owner/builder, and they came in there, it looks like, with a Bobcat and just took everything out. MR. RODRIGUEZ, SR: There was -- the whole property was filled with peppers, pepper -- Australian pines, they call it, and there was only maybe five big pine trees, and there were -- the neighbors next door, when the hurricane came through, one of the pines was on April 23, 2021 Page 48 their property. They dumped that into our property. And I have pictures -- I didn't bring them with me, but I have pictures that I can show that all that side was full of their own stuff, and that's how the complaint came that we were having too much vegetation. And most of the -- I would say 90 percent of the vegetation was, you know, stuff that we had to pull out. My fault. I understand what you are saying, that we took the rest of it out, but our intentions was always to build a house, and that's the only reason -- CHAIRMAN KAUFMAN: Well, the first thing that you need to do when you're building a house is pull a building permit. Had you pulled a building permit first, you could have cleared the entire lot with no problem, but you didn't do that. MR. RODRIGUEZ, SR: Correct. But there was a violation that we had to do first. We had to take care of the violation for the county. CHAIRMAN KAUFMAN: By pulling a permit, you could have taken care of that. If you had exotics on the property and you pulled a building permit to build a single-family home or whatever, you could level the property. That would take all the exotics and everything else off because you had a building permit, and that's what the code is. MR. RODRIGUEZ, SR: Before -- if we would have done that before, yes, but the neighbors complained, so we had to take care of that first. MR. RODRIGUEZ, JR: Basically, we weren't prepared to have a set of plans yet, and the violation came up to remove the exotics. Basically what he's -- CHAIRMAN KAUFMAN: No, I understand, and you understand what I'm saying? MR. RODRIGUEZ, JR: Oh, sure, absolutely. Yeah, yeah. April 23, 2021 Page 49 MR. BLANCO: Mr. Chairman, if I may amend the motion. I still think the two years and $50 a day, and I can add in there a three-month -- every three months they have to come in front of the Board and give us a review on where you're at in the building process and making sure that, you know, you guys are following up with your inspections, your permitting. Would that suffice? MS. BOWMAN: Then it needs to be 90 days. CHAIRMAN KAUFMAN: Yeah. They don't have to come before the Board. They need to come before the -- MR. BLANCO: The county. Yeah, I agree with that. MR. LETOURNEAU: And we'd update you periodically on the process at that point. That would save them the time of having to come in here every three months. CHAIRMAN KAUFMAN: Right. MR. BLANCO: So I'll amend my order to 24 months, $50 a day, and you have to update the county every three months and make sure that, you know, you speak with your investigator regarding, you know, where you guys are at in your inspections and -- MR. RODRIGUEZ, JR: Okay. Just directly with her? MR. BLANCO: Yes. MR. RODRIGUEZ, JR: Not necessarily coming here? MR. BLANCO: Correct. MR. RODRIGUEZ, JR: That's fine. MR. LETOURNEAU: Yeah. We'll make sure that Dee schedules her reinspections to coincide with that, and then she can call you guys up, and then she can check CityView and see where your progress is at that point. MR. RODRIGUEZ, JR: Okay. CHAIRMAN KAUFMAN: I heartily recommend that the first thing you do is get the building permit. MR. RODRIGUEZ, SR: Already applied it. April 23, 2021 Page 50 CHAIRMAN KAUFMAN: I understand. Because in three months if you come back and you're still working on the architectural design or whatever, that's a -- that's a red flag. MR. RODRIGUEZ, JR: They're finalized. I just need to -- there's some miscellaneous things that are simple that I need to correct, but the plans are not being changed. They're done. MR. RODRIGUEZ, SR: Done. MR. RODRIGUEZ, JR: Stamped and engineered and everything. CHAIRMAN KAUFMAN: So we have a motion. Does the second go along with the -- MS. ELROD: (Nods head.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. MR. RODRIGUEZ, SR: Thank you. MR. RODRIGUEZ, JR: Thank you. MS. PULSE: Thank you. MS. BUCHILLON: Next case, No. 4, CEVR20200002859, Leslet Jean Charles and Ann-Rose Jean Charles. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. CHARLES: I do. CHAIRMAN KAUFMAN: Can you both give us your name on the microphone. MR. CHARLES: My name is Leslet Charles. I'm the owner. CHAIRMAN KAUFMAN: Okay. And? April 23, 2021 Page 51 MR. CHERRELUS: Henock Cherrelus. I'm a building contractor. CHAIRMAN KAUFMAN: Okay. You want to present your case? MS. GUY: Yes. Good morning, for the record, Paula Guy, Collier County Code Enforcement. This is in reference to Case No. CEVR20200002859 dealing with the violation of Collier County Land Development Code 04-41, as amended, Section 3.05.01(B) and Section 10.02.06(B)(1)(a)(e), vegetation removal on an unimproved Estates zoned parcel. The location is 631 9th Street Northwest, Naples, Florida; Folio 37067440003. Service was given on March 23rd, 2020. March 17th, 2020, a citizen complaint was received for clearing a vacant land without the Collier County permits. On March 18th, an on-site investigation confirmed by myself that clearing had taken place on the vacant parcel, and it appears to have been done by hand equipment only. Vegetation debris was still on site and had blocked access to view the depth of the removal. No persons on site. A Stop Work Order was posted by myself for removal of vegetation and attempt was made to locate the property owner. On March 19th, contact was made via telephone with the owner, Jean Charles. He advised that he had family members helping him start removal of vegetation and confirmed hand equipment was the only use. I advised to please cease removal of all vegetation until a review response will be received from the Collier County Environmental Department. On March 20th, contact was made with Mr. Charles and advised that the notice of violation is to be issued with the details of specific April 23, 2021 Page 52 corrections to be completed from the removal of the vegetation. On March 23rd, the service of violation was completed to the owner. March 31st, 2020, contact with owner and provided contact number for project coordinator Renald Paul of Collier County to make an appointment for assistance and a plan of action for compliance. The confirmation with Environmental, Collier County, Michelle Crowley and the Department of Environmental Protection, that cut debris may be removed from the vacant parcel for safety and fire hazard reasons. The owner advised to complete removal of all the cut debris. On April 9th, 2020, on site all cut debris was removed from the property by the owner. The owner contacted and made [sic] that he will be attempting to develop the property instead of pursuing a replanting plan. The property was monitored for regrowth and submittal of permits over the next six months. On September 2020, no permits had been applied for with Collier County. The Department of Environmental Protection has advised that the wetland vegetation removed will be considered compliant due to the stumps remaining for the cypress trees that were cut remained intact. Contact made with owner to advise that the case will be prepared for hearing. March -- or November 4, 2020, the owner called in to advise that he has met again with Renald Paul and is obtaining more assistance with his building permits application. On March 31st, 2021, the owner called in to advise he's actively working with a vendor for the plan submittal of developing that property with Collier County. And as of today's date, no permits have been submitted for the development of the property. I'd now like to present case evidence in the following exhibits: April 23, 2021 Page 53 Photos that are taken by myself to include three on March 18th, 2020, five photos on April 17th, 2020, one photo on May 27th, 2020, and one photo on April 22, 2021, aerial photo of a parcel -- the vacant parcel from the Collier County Property Appraiser, and also the determination findings from the Department of Environmental Protection and Environmental Collier County for review if needed. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MS. GUY: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those pictures? MR. CHARLES: No, sir. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I think that there might be an error on the second ordinance cited, the 10.02.06(B)(1)(a)(e). I'm just not sure -- I can't reference the MUNI code right now while I'm running the screen here, but that seems to be a scrivener's error because you don't have two small -- like an A and an E next to each other like that on the code. April 23, 2021 Page 54 So we'll get that together, and I'll make sure that Mr. White has the correct code before we get out of here today. CHAIRMAN KAUFMAN: Okay. Scrivener's errors happen all the time. MR. LETOURNEAU: Correct. I wanted to point that out. Okay, let's get to the pictures here. CHAIRMAN KAUFMAN: Okay. Do you want to give us a little -- MS. PULSE: This is the frontage view of -- this is the one that I just took yesterday. It seems like they're kind of out of order because of the way -- the numbers of the pictures. So you can see the frontage of the parcel. The regrowth that has taken place in 13 months is mainly exotics because they're fast growers. CHAIRMAN KAUFMAN: Naturally. MS. PULSE: Naturally. This was the day of my inspection. You can see the work order. You can see everything is hand cut. There was no evidence of any machinery in there. And it's very deep. It was, like, about up to my -- almost to my waist of all the areas that was hand cut. CHAIRMAN KAUFMAN: This is in 2020? MS. GUY: This is March 18th, 2020. CHAIRMAN KAUFMAN: Okay. So a year ago? MS. GUY: Correct. CHAIRMAN KAUFMAN: Okay. What -- let me -- just to get the size of this before you show the aerial, is this a 1.14-acre, 2.5? MS. PULSE: The parcel itself is 2.27. CHAIRMAN KAUFMAN: Okay. MS. PULSE: DEP got in and measured deeply. It was hard for me to access it in the beginning, but we're estimating the removal to be about a little over half an acre, .62. (Gerald Lefebvre is now present in the boardroom.) April 23, 2021 Page 55 CHAIRMAN KAUFMAN: Okay. Let me stop the meeting and welcome Gerald Lefebvre. So you can show that -- on the minutes that Gerald has graced us with his presence; 11:36. Welcome, Gerald. MR. LEFEBVRE: Thank you very much. I'm not going to vote on this particular case, but I'll start with the next case. CHAIRMAN KAUFMAN: Okay. So you can take a nap now? Yeah, okay. Okay. So -- MR. LETOURNEAU: Moving along. We've got pretty similar pictures here. MS. GUY: This one is from April. There was a fire safety issue with the amount of vegetation that had been cut that was left. So we were able to get that removed. Well, actually the property owner did all of the removal and got it all off. That's the difference when this was removed. In there's regrowth already starting to take place. And as you can see, it goes a little bit further back. So there's an area in the frontage, and then it kind of goes back. But upon the investigation of my first day, he ceased -- the owner did cease and complied with the Stop Work Order and ceased -- CHAIRMAN KAUFMAN: This goes back 660 feet, I'm sure, the property. MS. PULSE: Yes. MR. LETOURNEAU: So we've got the aerial. Let's go back. So does the -- does the cutting go all the way to the back or -- MS. GUY: The cutting covers on the frontage of the lot, the width, and it probably goes back about -- a little bit further down. It's about a half an acre. So -- and then -- about right there. And then you have a long width that starts working its way further back into the lot. But the main width of the lot, the main removal is on the frontage, probably about the first quarter to maybe three-quarters of April 23, 2021 Page 56 the lot. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Anything else you want to show, the DEP or -- MS. PULSE: The DEP case is closed. They responded immediately, and he came in compliance with what the DEP recommended. I believe the compliance was completed by May of 2020. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yeah, we're in a pretty similar situation as the last case. CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: Either mitigate or build. CHAIRMAN KAUFMAN: Right. Okay. Sir? MR. CHARLES: Yes, sir. CHAIRMAN KAUFMAN: You started -- you purchased this property, and I'm assuming that you probably want to build something on it? MR. CHARLES: Correct. CHAIRMAN KAUFMAN: So tell us -- you've heard the testimony from Code Enforcement. Tell us your story. MR. CHARLES: Well, I asked my cousin to remove -- I know, usually when you see -- I went to plant some grass, you know, under the tree, about 25 acres. I ask him to remove it, that he put it on his truck. And then I was surprised when Mrs. Paula called me. She said, there is a lot of trees on there. I said, no, it's not going to happen. She said yes. And I went there, and it was some trees, palms down. And I call him, I say, what the heck you doing? Because I never asked you to put, you know, trees down. He said, well, I'm misunderstood what you explained to me. I April 23, 2021 Page 57 said, well, I never asked you, because I don't have permit to do it. I know I'm not supposed to cut any trees without a permit. And then I, right away, stopped working. I spent, like, more than $12,000 to hire guys, you know, got the big truck, load them. I spent within 12,000 to $14,000 to remove everything by hand, because I compliance with everything. So after sitdown with Mrs. Paula, she explained to me how the process works. This is my first experience. To be honest with you, I didn't know, you know, there's a lot of things to do because you, you know, compliance with stuff like that. And then I hire Tropical Environment. It's a company who -- you know, I think you guys know about it, in Collier County, in Fort Myers. So they explained to me step by step what I supposed to do, and then I pay them. We apply for the permit from State of Florida DBPR, and we got a permit from DBPR for five years. Because like I said, my intention was to build on the land but not lot sooner, you know, because I know it takes time. As a matter of fact, it should be, like, owner builder. So after we received the permits on DBPR, I thought the case was closed until I receive a phone call from Mrs. Paula. She say, the case still open. I said, no, it's closed. So I got a compliance letter from State of Florida. She said, no, it was closed by State of Florida, not from Collier County. I say, wow. Again, it's my ignorance. I didn't know that. I think because it was closed by State of Florida, I compliance with everything. They give me a deadline 30 days. I think I respected the deadline, get everything in before the 30 days. And then she said, no, you have to sit down with the guy, Renald, at Collier County who explained everything to me. And then I took a permit application, but the thing is, because of COVID, you can't go there. And then I can't find an architect, because it's very April 23, 2021 Page 58 hard. We're in the middle of a pandemic. There's nothing I can do. Until -- when Mrs. Paula called me again, she said, you have to do something; otherwise, you're going before the Board of Code Enforcement, okay. And then I hire Henry as a contract, and then he have his own architect. We start the -- you know, the plan. But, again, the architect is super busy. He still working on the plan, and then this is where we are. CHAIRMAN KAUFMAN: Okay. So it sounds like you're saying that you know that there was a violation by doing what was done. MR. CHARLES: Of course, yes. CHAIRMAN KAUFMAN: Okay. So the first thing the Board needs to do is find if a violation exists. MS. ELROD: I have a question. CHAIRMAN KAUFMAN: Yes. MS. ELROD: Does the fines -- or the violation still exist if the other -- the State has decided that he's mitigated it? CHAIRMAN KAUFMAN: Well, obviously, the -- go ahead, Paula. MS. GUY: Yes. So I had that very question myself. I did consult Michelle Crowley with Collier County Environmental, and she confirmed that, yes, the violation still exists with Collier County for the removal of the vegetation and that there would have to be a mitigation plan of replanting or the property to be developed. MR. LETOURNEAU: Yeah. I believe DEP was concerned with the wetland portion of it. The county was more concerned about the -- MS. GUY: Actual removal. MR. LETOURNEAU: -- unpermitted removal of the vegetation. April 23, 2021 Page 59 CHAIRMAN KAUFMAN: Right. Two different animals. You can buy a piece of property that has wetlands that has to be mitigated before you can clear it so that you can build on it, whatever. Okay. So from the Board, do we find that a violation exists or not? MR. BLANCO: Make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. LEFEBVRE: (Abstains.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. Now, what do we do about it? You have a suggestion for us, Paula? MS. GUY: I do. Recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtaining all required Collier County approved mitigation plans, building permit, inspections, and certificates of completion/occupancy to either keep the unpermitted improvement of the property as is or to restore the property to its original permitted condition within blank days, or a fine of blank per day will be imposed till the violation is abated; April 23, 2021 Page 60 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. A couple of quick questions before we fill in the blanks. You've hired a general contractor -- MR. CHARLES: Correct. CHAIRMAN KAUFMAN: -- who is working with an architect who is going to provide you with building plans, and you're going to submit for a building permit; is that correct? MR. CHARLES: Correct, yeah. MR. CHERRELUS: My name is Henock Cherrelus. I'm the general contractor. He hired me to build a 3,500-square-foot home for him. He already received the environmental resource permit from DEP. Currently, I'm working with the architect. Since it's a custom home, it will take about three months between back and forth. And from three months to -- it takes another three -- it takes about three to four months once we receive the plan from the architect to submit it to -- for -- to get a truss plan from the -- from a truss manufacturer. So I request that we have -- then the building permit. So we're looking at about six months before we can even obtain a building permit. Then from there, we have to -- I understand that we would have to build that house, and the violation will not vacate until we receive a certificate of occupancy. And since it's a custom home, it will take about 24 months. So I request that he's -- that we have an extension for -- a 36-months' extension. CHAIRMAN KAUFMAN: Well, this is very similar to the case April 23, 2021 Page 61 we just heard. MS. BOWMAN: I think we should do the same thing. CHAIRMAN KAUFMAN: Danny, do you want to make your motion like you did in the previous one, fill in the blanks? MR. BLANCO: I'll try. A little different, because you guys haven't submitted -- you guys don't have -- you haven't submitted a building permit yet. You're just doing the mitigation. MR. CHERRELUS: Not yet. The architect -- just the mitigation has been approved by DEP. Now the architect worked on the plan, and then from the time -- from -- once we have the plan, we have to submit now to a truss manufacturer, and the truss -- now, with a different truss manufacturer, it takes about, like, three months -- or Naples Lumber, it takes about two months to give you a quote. We can get them in Jupiter a little bit faster, but we're still looking about three months. So we're looking between six months before we can even submit a permit today. CHAIRMAN KAUFMAN: Okay. This is -- the previous case, they didn't have a building permit either. They were going to apply for a building permit. That's why I said at the end of it, hopefully after they review this in the 30 days that you had in your motion, they would have a building permit in hand. So it's -- it's almost identical. MS. ELROD: No. Actually -- MR. BLANCO: Well, the previous one had submitted the building permit already. They just had some minor -- CHAIRMAN KAUFMAN: Yeah. They didn't have a building permit. MR. BLANCO: No, yeah, but they had submitted one. They need six months to submit a building permit. So I think in this situation, I'll break it down. I'll say six months to apply and obtain a building permit, and then I'll give you 12 months to get a CO, or a fine of $50 a day. April 23, 2021 Page 62 MS. ELROD: Twelve months? MR. BLANCO: Oh, 18 months; I'm sorry. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: So I'll just break it down. So six months for you to apply and get the building permit, and then 18 months to get a CO. CHAIRMAN KAUFMAN: Okay. What that comes down to, if I can rephrase it, is you add the 18 with the six, okay, because getting the violation for -- to clear the violation, you have to get a CO. So getting a building permit does nothing as far as the violation. It has to be CO'ed. MR. BLANCO: Yes. CHAIRMAN KAUFMAN: And the CO you're giving them, after they get the building permit, an additional 18 months. So it would be 18 plus six. Am I making any sense, Jeff? MR. LETOURNEAU: I mean, you're at the same spot as you were last -- CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: And I'm going to be selfish coming from the county's perspective. We'd just rather have the 24 months to get the total thing done rather than breaking it up and then -- you know, it puts more work on the investigators and everything else. The county would be happier with the same -- if you're going to go with 24 months, we'd be happier that you just to go with the same thing you did last time. CHAIRMAN KAUFMAN: Let me make one suggestion on the six months; that the respondent talk to the Code Enforcement after six months so that they can see that a building permit has been -- MR. BLANCO: Applied for. CHAIRMAN KAUFMAN: Right, applied for or issued. MR. BLANCO: Yeah. April 23, 2021 Page 63 CHAIRMAN KAUFMAN: Okay? MR. LETOURNEAU: We could do the same three-month thing that you set for Dee. We can come in here and say, hey, this is where they're at every three months, if you want to do that. And I just want to point out that he did say 36 months. Obviously, as with every other person that comes before the Board, if you come towards that end of that 24 months and you're not there yet, you can call Paula and say, we'd like to schedule -- to come before the Board again and ask for more time. Obviously, they're going to look favorably on you if you're really on your way at that point. MR. CHERRELUS: That's what I was going to ask, because there's so much uncertainty, especially with building material. It takes so long. Now, I've been blocked (unintelligible) of a lot of materials. So my -- I mean, I'm not trying to compare to the previous case, but the previous case already have submitted a permit, and you give them 24 months since they have the permit. We have not yet submitted permit. So we would like to -- if you do six months, we can always come back showing that -- the intention that building permit is issued, and then from there we can actually have -- CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I have trust in your skills as a contractor. We'll -- I'll amend my motion to 24 months or $50 a day to get the CO. CHAIRMAN KAUFMAN: Okay. And as far as -- MR. BLANCO: Oh, I'm sorry. And provide three months -- every three months you need to provide an update on the status of your building permit and your inspections and all that process to the investigator. MR. CHERRELUS: Yes, sir. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we April 23, 2021 Page 64 have a -- MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. LEFEBVRE: (Abstains.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: Look at that, Mr. Chairman, we agree on this one. CHAIRMAN KAUFMAN: Yeah, we'll agree on this one. MR. CHERRELUS: Thank you. MR. CHARLES: Thank you. MR. BLANCO: Mr. Chairman, if I may, I'll be stepping out for the remainder of the hearing. I believe Mr. Lefebvre will be a voting member. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'd like to thank Gerald, too, for coming in. This was unscheduled. MR. BLANCO: Yes, thank you. CHAIRMAN KAUFMAN: We'll take a 30-second pause. Okay. Take care, Danny. (Danny Blanco left the boardroom for the remainder of the meeting.) MS. BOWMAN: Thank you. CHAIRMAN KAUFMAN: Okay. Helen, you going to let him out? April 23, 2021 Page 65 MS. BUCHILLON: I'm going to take this down. CHAIRMAN KAUFMAN: Change his name tag? You'll never get out of the building. Who is that -- who was that masked man? Okay. Which brings us to, if I'm not mistaken, the imposition of fines; is that correct? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Motion for imposition of fines, No. 1, CEAU20170016724, Tam Thanh Nguyen and Tammy Nguyen. (The speakers were duly sworn and indicated in the affirmative.) MR. NGUYEN: I do. MS. PULSE: I do. CHAIRMAN KAUFMAN: Okay. This one looks like the violation has not been abated, am I correct? MS. PULSE: Correct. CHAIRMAN KAUFMAN: Do you want to read the order into the record for us? MS. PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement investigator. This is a violation of Florida Building Code, 6th Edition (2017), Section 105.1, and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Location is 5175 Green Boulevard, Naples, Florida; Folio 38396160008. Violation is chain link and wood fence on property and no Collier County building permit. Fencing is dilapidated and not maintained. Past orders: On January 24th, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of referenced ordinances and April 23, 2021 Page 66 ordered to correct the violations. See the attached order of the Board, OR5749, Page 3391, for more information. Violation has not been abated as of April 23rd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from March 25th, 2020, to April 23rd, 2021, 395 days, for a total fine amount of $39,500. Fines continue to accrue. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing, $59.28. Total amount: $39,559.28. CHAIRMAN KAUFMAN: Okay. Do you have anything else to add on this case? MS. PULSE: The owner did call and had agreed to a meeting on his property on Wednesday. I met him on his property. He did not want to show me the rear yard where the fencing is located. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: So we're back where we were. CHAIRMAN KAUFMAN: Sir, give us your name on the microphone for us, please. MR. NGUYEN: Tam Nguyen. CHAIRMAN KAUFMAN: Okay. And do you have anything to say to us? MR. NGUYEN: Yes, I do. CHAIRMAN KAUFMAN: Well, this is your chance. MR. NGUYEN: Thank you. I would like to see the information for the wood fence removal last time I was here, the photo of that. If you -- if Code Enforcement have the photo of the last when I was here for the wood fence, for the park [sic] and removal. Can you show Mr. Chairman the last time we meeting over here with the photo wood fence, neighbor complaint. MS. BOWMAN: Well, we saw that at the last hearing. April 23, 2021 Page 67 MR. NGUYEN: I'm sorry? MS. BOWMAN: We all saw that at the last hearing, right? CHAIRMAN KAUFMAN: Yeah. We're not here to rehear the case. MR. NGUYEN: Yes. CHAIRMAN KAUFMAN: Code Enforcement says that the violation has not been abated. We're here for one reason, and that's to impose the fine or not. That's what we're here for, not to rehear the case. And as it stands now, since it has not been abated, we have no choice but to impose the fine. MR. NGUYEN: Yes, sir. The reason I'm asking for that, because the last time I was here and I invite everybody out there, like we commit to, and I invite everybody out there to see where is the wood fence and what do you want me to do with that. And I need all that. CHAIRMAN KAUFMAN: Let me just stop you a second. MR. NGUYEN: Yes, sir. CHAIRMAN KAUFMAN: Did you ask the code enforcement officer to meet you at the property on Wednesday? MR. NGUYEN: Yes, I did. CHAIRMAN KAUFMAN: And did she show up? MR. NGUYEN: She show up. CHAIRMAN KAUFMAN: And did you take her back to show her the fence? MR. NGUYEN: No, I did not. CHAIRMAN KAUFMAN: Why not? MR. NGUYEN: Because I think that incensed neighbor kept poking the fence and poking on my property and tell me what to do. It keep go on and on and never stop. I think they -- they unstable (unintelligible), and they kept use Code Enforcement to -- for the tool to attack, the hippie guys. April 23, 2021 Page 68 CHAIRMAN KAUFMAN: Okay. Well, we're not here to rehear that case. It was heard. I think the code enforcement officer tried to comply with your wishes and meet you. I don't see any reason why she went out there to meet you, that if that's your point, why you didn't take her back and show her, so... MR. NGUYEN: The reason for that because the last time I was here, I take -- your all invite, invite everybody out there and tell me what do you want me to do. I did all that. And then that call for the on-site inspection. The next day the Code Enforcement called me and, say, well, we cannot do this on-site inspection because your neighbor is pointing to another spot that needs to be removed. I said, what do you want me to remove? We already talk about it, like 90 days or 30, 60 days before, that what you want me to do, and I did that. Now you tell me, no, we got some more work to do because your neighbor call. I did all that. I call inspection when the last time we commit to it, when the last time I was here. I did all that. And, please, I -- in last few years I live there, I get about four -- maybe 10 or 12 of the complaints from the neighbor. They kept using Code Enforcement to harassing me. They call everything. I mean, not missing anything. And I kept ask all of you guys favor, not even -- especially Code Enforcement. They harassing me, and they using Code Enforcement for the tool to do that. MS. PULSE: If I could say something. I have verified the fence remains from an inspection of the -- from the neighboring property. CHAIRMAN KAUFMAN: Okay. Now, this fence originally was put in without a permit? MS. PULSE: Yes, we could not find a permit. CHAIRMAN KAUFMAN: Okay. MR. NGUYEN: And I did apply -- after that I apply pool cage. April 23, 2021 Page 69 I want to correct, comply with the county law and regulation. I did apply for the new chain-link fence, for the wood fence removal, and passed the inspection. And then they called -- the neighbor called and said, well, their wood fence fall apart, laying over my chain-link fence. I did remove that three, four, maybe two times, and the last time I was here and say, well, you tell -- the Code Enforcement want to show you this part of the wood fence fall apart. You need to tell them -- go out there and tell me what to do. I did all that. I called in for on-site inspection before the hearing the last time. No -- the Code Enforcement said, no, we have some work to do because of your neighbor called. MS. BOWMAN: Last time you didn't believe that the fence even existed, if I recall correctly. MR. NGUYEN: Yes. MS. BOWMAN: And then I also recall after the meeting you met with them in the hallway to set up an appointment for them -- to show them. MR. NGUYEN: I did that, too; yes, ma'am. MS. BOWMAN: And you agreed to show them. MR. NGUYEN: Yes, ma'am. MS. BOWMAN: Now we're still hearing that when Code Enforcement showed up on the property, you did not allow them onto the property so they could actually show you, and -- or knowing that if you're still maintaining that you're uninformed about where this fence is on the property, which was what was said last time was you didn't even know where it was. MR. NGUYEN: Yes, I did remove. I met all -- I think her and another -- Renald and Cristina. I say, tell me where -- and she even went out there, pointed out, took all the vegetation showing me. That, and I did that. I did it. And then the next day the Code Enforcement say, well, I call for the inspection, on-site inspection, April 23, 2021 Page 70 where it -- Ms. Dee went out there and point out that part. CHAIRMAN KAUFMAN: Okay. We're talking in circles now. Cristine [sic], did you want to testify? (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. For the record, Cristina Perez, Code Enforcement. What Mr. Nguyen was trying to explain was that, you know, after this hearing we did go out there, myself, the investigator, Dee Pulse, and operations coordinator from -- Renald Paul from Building Department. We -- Dee and I walked through the woods to -- you know, through the vegetation, very high vegetation, and with a stick you could hear -- you know, we poked through the vegetation, and you could hear the solid wood fence back there. We advised Mr. Nguyen, would you like to come back here to view this, you know, where we're talking -- where the wood fence remains? And he said no. I can -- you know, you guys can go back there. So Dee and I threaded through his, you know, vegetation to see it while he stood away from that. So he didn't go back there to view it with us. We stood -- we kept walking through the vegetation to a certain point where we couldn't walk no further, and we said, okay, can hear [sic] from here, and Dee said, but it could go beyond this point. She then, you know, received a complaint from the neighbor where then she went and inspected it from the neighbor's, and sure enough, she still saw the remaining wood. He communicated via email in January and said, I removed the remaining vegetation, but the photograph was date -- the photograph he sent us was of two gentlemen with machetes as if they were cleaning the area in the back, but it was dated from September. So I April 23, 2021 Page 71 questioned if that was a recent photo of recent, you know, wood that was removed, and I didn't get a response but to ask to hold off for the imposition of fines so he could continue to work on it. So I don't believe that was an updated photo of after our inspection. And then, as Dee mentioned, you know, after the -- for the pre-hearing she inspected it from the neighbor's, because you can see it better from the neighboring property than through all the vegetation on his. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion to impose the fine. MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: We have a second. Any discussion on my motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: Just a point of record, you still have the opportunity to abate this violation even after this by having Dee out on the property to confirm that the fence is actually gone, okay. Until then, the fines are going to continue to run. Okay. MR. LEFEBVRE: And also, after he -- if you do eventually abate the fine, you can go in front of the commissioners at that point to have the fine abated. MR. LETOURNEAU: He can request that, right, yes. April 23, 2021 Page 72 MR. LEFEBVRE: Yes, thank you. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Okay. We're done. MR. NGUYEN: Okay. Thank you. MS. BUCHILLON: Next item on the agenda, No. 2, CEPM20180011817, Elah Holdings, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. HOLMES: I do. MR. MOGELVANG: I do. THE COURT REPORTER: And your name? MR. MOGELVANG: Erik Mogelvang. CHAIRMAN KAUFMAN: Okay. This is like a world's record here. Why don't you read the order into the record for us to begin with. MR. HOLMES: Sure. For the record, Bradley Holmes, Collier County Code Enforcement. In reference to Case No. CEPM20180011817 concerning violations of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(C) and the Florida Building Code, 6th Edition (2017), Section 454.2.17, located at 6191 Green Boulevard, Naples, Florida; Folio No. 38331640004. Violation description: Residential swimming pool barrier requirement. Past order: On May 23rd, 2019, 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. The attached order of the Board, OR5639, Page 2145, for more information. The violation has been abated as of March 17th, 2021. Fines and costs to date are as follows: One, fines have accrued at a rate of $200 per day from the April 23, 2021 Page 73 period of June 23rd, 2019, to March 17th, 2021, 634 days, for a total fine amount of $126,800; Two, fines have accrued at a rate of $250 per day for the period from May 29th, 2019, to June 10th, 2019, 13 days, for a total fine amount of 3,252 -- or excuse me -- $3,250; Three, fines have accrued at a rate of $250 per day for the period from March -- or August 22nd, 2019, to March 17th, 2021, 574 days, for a total fine amount of $143,500. Previously assessed operational costs of $59.91 have been paid. Operational costs for today's hearing: $59.35. Total amount of $273,609.35. CHAIRMAN KAUFMAN: Okay. Sir? MR. MOGELVANG: Yes. CHAIRMAN KAUFMAN: Do you want us to impose the fine? MR. MOGELVANG: No. Please, do not. Okay. So I am with Elah Holdings, LLC. We purchased the property at foreclosure. In January 14th of this year was the certificate of sale. We didn't receive our title for the property until January 27th of this year. I have bought and sold many foreclosures through the years, and many of them have had houses with major problems, and that's what we do. We come in and we fix these houses up and resell them. This -- in this case, the house was not salvageable, so I did demolish the house. We didn't even get our title until January 27th, but before January 27th, before I even had title, I was in contact with Mr. Holmes and let him know that the cavalry is coming to abate the issues and, indeed, we did. It took me some time to get a survey. That's number one before I can get my demo permit. Survey was received. I think we got -- we received the survey on February 7th. I signed the demo bid on the 10th. The demo permit was applied for on the 17th. The demo was done on the 12th -- I'm sorry. The demo April 23, 2021 Page 74 permit was applied for on the 12th. We received the demo permit on the 8th of March. All of the abatement occurred on the 17th of March, and Mr. Holmes provided an affidavit of code enforcement compliance on that same date. So from the day I took possession of the property on January 27th, we've -- we had this problem abated within, what is that, 40-something days, I suppose. CHAIRMAN KAUFMAN: You were quicker than the previous owner. MR. MOGELVANG: I would say so, yes, sir. And so I -- in lieu [sic] of, you know, my efforts to cure everything upon, you know, obtaining the property, I'm asking that these fines be waived. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. Any comments from the Board? MR. LEFEBVRE: Yeah, I have a comment. I'm sure that because these fines were hanging over this property, there was a deal to be had. And I applaud you for taking care of the issues as quickly as you had, but you probably got it at a really good price. So I don't know about abating all the fines. I really can't be in agreement for that, so... CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: That's my comment. CHAIRMAN KAUFMAN: Any comments on Gerald's comment? MS. BOWMAN: I don't think the sales price of the property has anything to do with this. MS. ELROD: I concur. We are a compliance stream. He April 23, 2021 Page 75 complied in a timely fashion, and that's what we're here for. MR. LEFEBVRE: Very good. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? MR. LEFEBVRE: Opposed. CHAIRMAN KAUFMAN: The fine's abated. MR. MOGELVANG: Thank you very much. CHAIRMAN KAUFMAN: I don't disagree with you, by the way. MS. ELROD: He got it done in 40 days. CHAIRMAN KAUFMAN: You want to buy some sunglasses? I have a special here today. They're yours. MS. BUCHILLON: Next case, No. 7, CEVR20180005925, Eric P. Solomon and Cammeron Solomon. On this case, Mr. Chairman, the -- CHAIRMAN KAUFMAN: That's easy for you to say. Go ahead. MS. BUCHILLON: The amounts are different. It is fixed on the one that Jeff's going to put up, but the one you have still has the operation's cost not paid, but they paid it. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MR. SOLOMON: I do. MS. PULSE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. SOLOMON: Eric Solomon. CHAIRMAN KAUFMAN: Okay. And would you like to read April 23, 2021 Page 76 this case into the record for us? MS. PULSE: Yes. For the record, Dee Pulse, Collier County Code Enforcement investigator. Violation is Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 3.05.04(D), 3.05.02(G)(5), 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e). Location is 6180 Hidden Oaks Lane, Naples, Florida; Folio 41933120003. It's for removal of native vegetation and ground cover within a wetland area where the total area cleared exceeds the permissible one acre without first obtaining a vegetation removal permit. Past orders: On July 23rd, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5833, Page 1985, for more information. The violation has been abated as of January 29th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 20th, 2021, to January 29th, 2021, 10 days, for a total fine amount of $2,000. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount: $2,059.42. CHAIRMAN KAUFMAN: Okay. Sir, it looks like this was taken care of quite quickly. MR. SOLOMON: We tried. CHAIRMAN KAUFMAN: And you are here -- you are here to request? MR. SOLOMON: I'd like to request that the fines be waived, please. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? April 23, 2021 Page 77 (No response.) CHAIRMAN KAUFMAN: I guess the State, were they involved in this at all? MS. PULSE: Yes, a little. CHAIRMAN KAUFMAN: Okay. State's happy? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sorry you had to wait so long, but the outcome is -- MR. SOLOMON: No worries. It's been an education, thank you. CHAIRMAN KAUFMAN: There you go. MR. SOLOMON: You all have a good day. MS. BOWMAN: You, too. MS. BUCHILLON: Next case, No. 8, CEPM20200004824, Matthew J. Smith and Jennifer A. Smith. (The speakers were duly sworn and indicated in the affirmative.) MR. SMITH: I do. MR. HOLMES: I do. CHAIRMAN KAUFMAN: Good morning. April 23, 2021 Page 78 MR. SMITH: Howdy. CHAIRMAN KAUFMAN: Would you like to read your case into the record for us? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. In reference to Case No. CEPM20200004824, violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n); located at 710 Logan Boulevard North, Naples, Florida; Folio No. 41820960004. Violation description: A screen pool enclosure missing screen rendering it a health and safety hazard. Past order: On November 20th, 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 attached order of the Board, OR5874, Page 363, for more information. The violation has been abated as of March 16th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from December 21st, 2020, to March 16th, 2021, 86 days, for a total fine amount of $21,500. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.56. Total amount: $21,559.56. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. SMITH: Matthew Smith. CHAIRMAN KAUFMAN: Okay. And -- MR. SMITH: Oh. Well, I'm here to ask for abatement of fines. It's been corrected from the point of contact with Inspector Holmes. I've corrected -- they made it safe and -- for the environment and the April 23, 2021 Page 79 people around me, and then there was some remaining screen enclosure that was left open until I could get the home demolished. And since I've demolished the home and everything's been abated, I'd like to move forward. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion to deny. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BOWMAN: Did you say that these weren't paid? CHAIRMAN KAUFMAN: No, that's changed. MS. BOWMAN: Oh, okay. Sorry. MS. BUCHILLON: Next case, No. 11, CESD20190010312, Lois L. Wolf. CHAIRMAN KAUFMAN: Take your time. We're not going anywhere. MS. WOLF: Hi. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. MS. WOLF: I do. CHAIRMAN KAUFMAN: I see we're back to the docks again. April 23, 2021 Page 80 Eric, you want to read the case into the record for us, please. MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in regard to past orders. On September 24th, 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 in the OR book 5854, Page 407, for more information. The violation has been abated as of February 2nd, 2021. Fines have accrued at a rate of $100 per day from the period -- from December 24th, 2020, to February 2nd, 2021, 41 days, for a total fine amount of $4,100. Previously assessed operational costs of $59.28 have been paid, the operational costs for today's hearing is $59.49, for a total amount of $4,159.49. CHAIRMAN KAUFMAN: Okay. I recall all the cases from in the area there with the docks, and I know that they were tied up unable to get this resolved quickly, so... MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Can we have an ask first? CHAIRMAN KAUFMAN: Would you like to ask for us to deny them, or would you like them imposed? MS. WOLF: I would like not to have to pay them. CHAIRMAN KAUFMAN: Okay. MS. WOLF: For the record -- for the record -- sorry. MR. SHORT: That's all right. MS. WOLF: For the record, I'm Catherine Wolf. Not Lois. CHAIRMAN KAUFMAN: Okay. So you must have changed April 23, 2021 Page 81 your name from the back of the room coming up? MS. WOLF: I'm on behalf of my mother Lois. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: No problem. CHAIRMAN KAUFMAN: No problem. We have a motion to deny the county's ability to fine you. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. WOLF: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And next case, No. 13, CESD20200000792, Eva Martinez. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. MARTINEZ: I do. CHAIRMAN KAUFMAN: Okay. Joe, you want to read the record? MR. MUCHA: Yes. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Violation location is 14548 Apalachee Street, Naples. Folio April 23, 2021 Page 82 No. 25967801945. Description of the violation was an unpermitted shed, fence, and addition to the home. Past orders: On August 28th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5817, Page 3107, for more information. The violation has not been abated as of April 23rd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 25th, 2021, to April 23rd, 2021, 58 days, for a total fine amount of $11,600. Fines continue to accrue. 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 $11,659.35. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: I just wanted to put on the record: So at this point the shed has been taken down, so no longer an issue, and the fence has been permitted, so we're just dealing with the addition at this point. CHAIRMAN KAUFMAN: What sort of an addition? MS. MARTINEZ: The porch. MR. MUCHA: The porch. CHAIRMAN KAUFMAN: Okay. Well, it's still in violation. We have no choice but to impose the fine, or if you had requested some additional time before this would come before us to get the -- MS. MARTINEZ: Well, I've been working with the things, because I got everything, the blueprints and all that, for the porch, because I've been waiting for a year for the blueprint for the porch. MR. LEFEBVRE: How much more time do you think you'll April 23, 2021 Page 83 need? MS. MARTINEZ: I was supposed to meet the guy Renald at my house at 10 -- at 10:30 this morning, okay, so he can -- whatever -- do whatever he has. He was going to take pictures of -- I need ID from a window to see who makes the windows. I don't know, you know. He was going to do that. But I got the blueprints here and everything. And, you know, all I have to do is get the permit, because it's -- I didn't get the permit, and I built the thing 14 years ago. CHAIRMAN KAUFMAN: Okay. So the permit that you did get was for the fence? MS. MARTINEZ: Yes. CHAIRMAN KAUFMAN: You took care of the shed? MS. MARTINEZ: Yes. CHAIRMAN KAUFMAN: So you're two out of three. MS. MARTINEZ: Right. CHAIRMAN KAUFMAN: When do you think you would be -- and I'm rephrasing what Gerald just asked you. When do you think you'll be able to get the permit and get the permit okayed? By a month? Two months? MS. MARTINEZ: Well, I thought you have to get the blueprints before you get the permit, right? CHAIRMAN KAUFMAN: All of that, yes. MS. MARTINEZ: Yes. I already got the blueprint, and I got the -- and my survey and all that other -- the house, you know, to be put part of the house and all that. I got all that. CHAIRMAN KAUFMAN: I understand. What we're trying to figure out is I was going to ask the county to pull this case -- MS. MARTINEZ: Okay. CHAIRMAN KAUFMAN: -- and bring it back to us in some period of time so that everything is done. April 23, 2021 Page 84 MS. MARTINEZ: So that they come and inspect and all that? CHAIRMAN KAUFMAN: Everything, the permit and everything. So Jeff is sauntering over to the microphone to talk to Joe. MR. LEFEBVRE: I have a question. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: Are you -- are you doing this -- are you under an owner/build permit, or do you have someone -- MS. MARTINEZ: Owner build. MR. LEFEBVRE: -- that you hired? MS. MARTINEZ: Owner built. It's already done. It's a pre -- MR. LEFEBVRE: Oh, I understand it is. I understand. MS. MARTINEZ: Yeah. I had -- like, when -- the first year that I moved -- because it's a Habitat home. The first year that I moved into that thing, I had -- I had -- somebody -- I did it all wrong. Believe me, this is an experience I will learn, you know. CHAIRMAN KAUFMAN: The problem with that, as you pointed out, inadvertently, is that if you did this, you were the -- you did the addition, and now you're trying to get someone to just do a permit by affidavit, that -- MS. MARTINEZ: What do you mean by affidavit? I already got the permit. I mean -- not the permit, but the blueprints. CHAIRMAN KAUFMAN: Forget the blueprints. MS. MARTINEZ: Okay. CHAIRMAN KAUFMAN: You have two ways of fixing it. MS. MARTINEZ: Okay. CHAIRMAN KAUFMAN: Okay. One way is if you had bought this house and somebody in the past had added an addition and you wanted to resolve that, you could go to an architect, for instance, and they could write it all up and submit all of that, and you could get a -- you could get that CO'ed, completed, with a -- they call April 23, 2021 Page 85 that an affidavit permit by affidavit. But if you're the one who did the work, you're going to have to go through the whole process, Joe, correct me if I'm wrong, of getting this done. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. So let me get back to what I asked before. To get this all done -- MS. MARTINEZ: Okay. How much -- CHAIRMAN KAUFMAN: -- how much time do you think you would need for that? A month? Two months? It certainly wouldn't be a month. MR. LEFEBVRE: So here's the thing, when we say, get it all done, it's like saying yada, yada, yada because you're not a contractor. You don't know what needs to be done. MS. MARTINEZ: Right. MR. LEFEBVRE: So that's why I asked the question if you're doing it yourself or if you have a contractor. There's going to be -- you're going to probably submit it to get it approved, to get a permit, and it's probably going to be denied because there's going to be something that's missing. So what I would recommend is maybe doing 90-days' continuance and seeing how far along you are. You have the blueprints done, which takes a substantial amount of time. But, again, there's other items you need to get prior to submitting a permit. So I would recommend a continuance for 90 days, and what that means is the fines keep on accruing, but you can come back -- hopefully you're done in 90 days -- MS. MARTINEZ: And have -- MR. LEFEBVRE: -- you come back. And you sat here for several cases where they asked for the county to erase your fines, and you can do that, or if it's not done, you're showing progress. That's why we give a little more leniency. You're showing progress. Hey, I April 23, 2021 Page 86 submitted, and it's taken this amount of time, whatever the case may be, or I got denied. After two weeks, I submitted it, I got denied, now I'm doing this to correct it. So I would suggest 90 days. That's my motion. Ninety days' continuance. CHAIRMAN KAUFMAN: Can you hold the motion for a second? MR. LEFEBVRE: Okay. Sure. CHAIRMAN KAUFMAN: We're in the -- this is not a time where you would do a motion for an extension of time. MR. LEFEBVRE: It would be a continuance. CHAIRMAN KAUFMAN: Or continuance. This is a time where we impose the fine or ask the county to pull this, for instance -- for instance for 90 days. MR. LETOURNEAU: I believe we could do both. The county would prefer Mr. Lefebvre's way at this point rather than pulling it, just to, you know, kind of keep her feet to the fire and have a deadline to get this thing done at. CHAIRMAN KAUFMAN: Okay. You have your motion. MR. LEFEBVRE: So my motion is on the table again, yes. CHAIRMAN KAUFMAN: Okay. I second it. MS. BOWMAN: All in favor? CHAIRMAN KAUFMAN: All in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 90 days. April 23, 2021 Page 87 MS. MARTINEZ: Okay. CHAIRMAN KAUFMAN: Get it done. Come back -- MS. MARTINEZ: I waited a year for the blueprints for the -- for the blueprints. When I came in, he told me it was going to be $2,000, that he needed 950 down and -- the first year. I already gave him 950. Then I kept on calling him, and he kept on stalling and stalling, okay. And really -- and then, when he got done, he tell us me -- he tells me that I owe him another 1,200. So, you know -- MR. LEFEBVRE: I feel your pain. MR. LETOURNEAU: Ms. Martinez. MS. MARTINEZ: All this is my fault because I did shit without, you know, doing it, you know, and it's a good lesson. MR. LETOURNEAU: Ms. Martinez, right here. My suggestion would be contact Renald again. MS. MARTINEZ: Yes. MR. LETOURNEAU: And -- MS. MARTINEZ: I was supposed to meet him. MR. LETOURNEAU: And first thing, get him on the case, and he'll -- MS. MARTINEZ: He's been helping me. MR. LETOURNEAU: Yeah, he'll help you more than anybody. MS. MARTINEZ: Oh, he's been. MR. LETOURNEAU: He'll get -- he'll get you where you need to be the quickest. MS. MARTINEZ: I know he's been -- he's the one that's been helping me all this time. MR. LEFEBVRE: I feel your pain. I'm trying to have a pool installed, a simple pool. Five months, one pool company just flat out stopped calling me. The survey company thought I had everything -- they had everything in January. They've been out three, four times unannounced trying to redo the survey, do this. So I feel your pain. April 23, 2021 Page 88 But just in three months if it's not done, come back in front of us, tell us what you're doing or what you have done, and we'll take it from there. Hopefully in three months you're back saying -- MS. MARTINEZ: I should be done. MR. LEFEBVRE: -- it's finished. MS. MARTINEZ: I should be good now that everything -- I just need the inspectors to -- MR. LEFEBVRE: Thank you very much. MS. MARTINEZ: -- follow through. CHAIRMAN KAUFMAN: Okay. Thank you. MS. MARTINEZ: Thanks, guys. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Helen, how are we? MS. BUCHILLON: Good. We don't have any more respondents here. CHAIRMAN KAUFMAN: I know we don't. Do we have any more cases? MS. BUCHILLON: Yes, we do. We have a couple more. CHAIRMAN KAUFMAN: Because Terri has to get going soon. MR. LEFEBVRE: Sorry for talking. MS. BUCHILLON: Number 5, CESD20190003219, Mark Ryan Morgan. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MS. BUCHILLON: Respondent was notified regular mail and certified May -- I mean April 5th, 2021, and it was also posted at the property and courthouse April 5th, 2021. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay, Joe. You want to read this April 23, 2021 Page 89 into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 241 Harbor Place North. It's actually in Goodland. I should have caught that. Folio 46273160003. Description is alteration/repairs to a seawall without obtaining Collier County permits. On February 27th, 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, OR5742, Page 329, for more information. Violation has been abated as of March 30th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from August 26th, 2020, to March 30th, 2021, 217 days, for a total fine amount of $43,400. 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 $43,459.35. And I believe there's an email from the contractor. He kind of explains why it was kind of a lengthy process. CHAIRMAN KAUFMAN: Can you put that up for us. MR. MUCHA: Would you like me to read it into the record? CHAIRMAN KAUFMAN: Yeah, read it into the record. It's blurry on this. MR. MUCHA: Okay. This is from the contractor, Josh Maxwell, who's with Turrell, Hall & Associates. He basically says, I've been working with Mr. Morgan. When he initially submitted for the building permit, the county required a special treatment permit for the work. The time it took to obtain this April 23, 2021 Page 90 from the county exceeded the time that the permit could be reviewed, approximately seven months. Once the special treatment permit was in hand, it took some assistance to reopen the building permit. Okay -- reopen his permit so the building permit could be issued. I think he meant to say issued. He called in for the inspections recently to close the permit. So, yeah, the fine -- permit was recently closed out, and they're just requesting that the fines be waived. So it was a little bit of an involved process. CHAIRMAN KAUFMAN: The seawalls are a pain in the neck; however -- and I understand it's been abated, but you would think that if you had a fine of $43,000 in front of us today, that the respondent would be here or send a letter, not something from a contractor, saying that I'm requesting that the fines be abated. MR. MUCHA: I understand. The owner is a commercial fisherman, so he's out all the time. And I mean, I understand. CHAIRMAN KAUFMAN: Unless he's going to make $43,000 today, I think that -- MR. MUCHA: You're right. CHAIRMAN KAUFMAN: -- he would be well served to show up here. MR. WHITE: I can corroborate that, indeed, I have a client who owns property literally across the street, and every time I've been out to my client's property, this fellow's been on the water. MS. ELROD: I make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. April 23, 2021 Page 91 MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. MS. BUCHILLON: Next case, No. 10, CESD20200004952, All Building and Maintenance, LLC. Respondent was notified regular and certified mail April 5th, 2021, and it was posted at the property and courthouse April 1st, 2021. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. Joe, you want to read this into the -- have you been sworn? THE COURT REPORTER: You haven't stopped talking. CHAIRMAN KAUFMAN: I'm sorry. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: I'm trying to work quickly enough so that somebody can get out of here on time. Oh, wait a second. That's you. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. So before I get into this, the gentleman, if you remember, he was the one that was here last month, and you said come back in 30 days. So he recently -- he's submitted the corrections for his permit on April 18th. They haven't even started the review on it, and he called me this morning and said he had a doctor's appointment and wouldn't be able to make it. So I don't know how you want to handle this. I mean, because this is one you said you wanted back in 30 days, so that's why I didn't feel comfortable just saying, oh, yeah, we'll just continue it. MR. LETOURNEAU: And normally we probably, if somebody called in and said they had a medical issue, we would personally pull April 23, 2021 Page 92 it, but since you guys told us to bring it back in 30 days, we felt compelled to bring it before you. MR. MUCHA: He has made some -- he has submitted the corrections for his permit, which hadn't been done in over a year. CHAIRMAN KAUFMAN: Well, it certainly is good to hear that. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: So -- and does he have any idea when this is going to be done? MR. MUCHA: I mean, he's optimistic. He said a month or two, but, I mean -- CHAIRMAN KAUFMAN: So now that we're here, can you pull it? MR. LETOURNEAU: Yeah. The county would request to pull this at this time. CHAIRMAN KAUFMAN: Okay. That's good. MR. WHITE: If the county's going to withdraw, do you want to amend the agenda, Mr. Chairman? CHAIRMAN KAUFMAN: I don't think it's necessary. They just pulled the case. It's not here. MR. WHITE: Okay. CHAIRMAN KAUFMAN: But if you want, make -- MR. LEFEBVRE: I make a motion to agend the -- CHAIRMAN KAUFMAN: Agend the amenda? MR. LEFEBVRE: Amend the agenda. CHAIRMAN KAUFMAN: Agend the amenda. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) April 23, 2021 Page 93 MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Next case? MS. BUCHILLON: Okay. Last case, No. 12, CESD20190003992, Adolphe Antoine and Nahomie Plancher. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. BUCHILLON: Can I put this on the record? Respondent was notified regular and certified mail April 5th, 2021, and it was also posted at the courthouse April 7th, 2021. CHAIRMAN KAUFMAN: And let the record show the respondent is not present. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 6031 Hollow Drive, Naples. Folio is 68843320002. Description of the violation was a structure built without a Collier County building permit. Past order: On July 25th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5661, Page 3487, for more information. On January 24th, 2020, the Code Enforcement Board granted an extension of time. See the attached order of the Board, OR5768, Page 2428, for more information. Violation has been abated as of February 2nd, 2021. April 23, 2021 Page 94 Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from March 25th, 2020, to February 2nd, 2021, 315 days, for total fine amount of $47,250. Previously assessed operational costs of $59.42 have been paid. Operational costs for today's hearing is $59.49, for a total fine amount of $47,309.49. CHAIRMAN KAUFMAN: Was this structure that was built a house or -- MR. MUCHA: This was a shed that was in the backyard. I think -- you might remember, they were going to maybe connect it to the house because it wasn't going to meet setbacks, and, you know -- MR. LEFEBVRE: This was a she shed. MR. MUCHA: The she shed, the she shed. And after going round and round, you know, they just took it down. MR. LEFEBVRE: So why so long from March -- CHAIRMAN KAUFMAN: July of 2019 it started. MR. LEFEBVRE: Right. But why from -- why wasn't this brought back in front of us to impose the fines prior to now? MS. BOWMAN: Because I think what they were doing -- what they were going to try to do is bring it into compliance and then probably figured out it was going to cost way too much money to -- MR. MUCHA: I think we did bring it here, and we ended up withdrawing it. MS. BOWMAN: Yeah, we did. MR. LEFEBVRE: Okay. Thank you. MR. MUCHA: I think at that point he realized, I might as well just tear it down and be done with it, because they really tried hard. I mean, they were working with Renald. They just couldn't get it together. MR. LEFEBVRE: All right. I make a -- MS. ELROD: Make a motion to deny the county the imposition April 23, 2021 Page 95 of fines. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. This -- I'm going to have the same comment on this one that I had on that other one. When you have almost $50,000 worth of fines in front of us -- MS. ELROD: There's a letter. MS. BOWMAN: There's a letter. MR. LEFEBVRE: There's a letter. CHAIRMAN KAUFMAN: Even with a letter. MR. MUCHA: I mean, it might be my fault a little bit. I mean, he is a working gentleman. I just said, you know, because of COVID, we've been allowing people to submit letters. So, you know, that's partially my fault. MR. LEFEBVRE: Mr. Kaufman, I have to agree -- disagree with you on this one. I remember this couple, and they probably did everything they could to try to keep the shed -- MR. MUCHA: Yes, sir. MR. LEFEBVRE: -- and in not being able to do so, had to eventually tear it down, so... CHAIRMAN KAUFMAN: I'm not -- I'm not questioning that. I'm just questioning that when we sit here as a code board -- let me take care of this first. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. It carries unanimously. That's not my point. My point is that April 23, 2021 Page 96 you would expect people to show up to argue their case to have their fines abated or not. MR. LETOURNEAU: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: I want to say, though, since COVID's been around -- and that was the past -- that's the way it was in the past; however, we do kind of -- MS. ELROD: Encourage. MR. LETOURNEAU: -- give them the opportunity to write a letter instead of having to show up here due to the pandemic. So a lot of the time it is the county telling them to do this. MS. BOWMAN: And the important thing is that it's abated. CHAIRMAN KAUFMAN: I agree with that. MS. ELROD: And we're -- CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: And that we all get to spend so much time together. CHAIRMAN KAUFMAN: Yeah. Makes my whole day. MR. LEFEBVRE: Are we done? CHAIRMAN KAUFMAN: Helen, are we done? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: We're adjourned. ***** April 23, 2021 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:46 p.m. CODE ENFORCEMENT BOARD R ERT A FMAN, CHAIRMAN These minutes approved by the Board on At.( 3,-71 ,zt)0Z.1 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 97