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CEB Minutes 05/27/2021May 27, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida May 27, 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 Sue Curley Kathleen Elrod 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 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 May 27, 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 Lee Rubenstein, Alternate George Andreozzi, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20190010307 OWNER: Juan C Alcantara Jr and Lindsay M Alcantara OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required Collier County Building permits. FOLIO NO: 65470240008 PROPERTY 140 Sharwood Dr, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CESD20200013736 OWNER: 3050 TAMIAMI TRAIL LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Renovations/improvements including, but not limited to, mechanical and laundry equipment without first obtaining a Collier County permit. FOLIO NO: 61946320003 PROPERTY 3050 Tamiami Trail N, Naples, FL ADDRESS: 2. 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 11th Ave SW, Naples, FL ADDRESS: 3. CASE NO: CESD20200010274 OWNER: JOHN BLUM LIVING TRUST OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A sliding glass door was removed from the living room to the porch without a Collier County building permit. FOLIO NO: 25132160000 PROPERTY 3088 Kings Lake Blvd #7576, Naples, FL ADDRESS: 4. CASE NO: CESD20200010652 OWNER: Michael A Knight OFFICER: Tony Asaro 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). Interior remodeling without first obtaining Collier County Building Permit. FOLIO NO: 71825006564 PROPERTY 4655 Saint Croix Ln Unit #1428, Naples, FL ADDRESS: 5. CASE NO: CESD20210000507 OWNER: Rainer Rizo 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). Interior alteration of garage to living space and addition to rear of main residence on Estates zoned improved parcel with no Collier County permits obtained for alterations. FOLIO NO: 37167640004 PROPERTY 510 3rd ST SW, Naples, FL ADDRESS: 6. CASE NO: CEPM20210001265 OWNER: Shawnita Beaty, Sheila Jameson, Sheila Jameson-Dobscha and Jeannie Jenkins OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Unmaintained structure with roof damage. FOLIO NO: 65671240001 PROPERTY 696 Pine Vale Dr, Naples, FL ADDRESS: 7. CASE NO: CESD20210001477 OWNER: FOUR AMIGOS 3 LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted improvements and alterations including, but not limited to, kitchen, classroom, office and bathroom on the second floor. FOLIO NO: 281720002 PROPERTY 544 Commercial Blvd, Naples, FL ADDRESS: 8. CASE NO: CESD20200011753 OWNER: LONGSHORE LAKE FOUNDATION 1 LLC and LONGSHORE TWO REV TRUST ET AL OFFICER: Delicia Pulse 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). Air conditioner installed and building permit is expired. FOLIO NO: 68965000802 PROPERTY 11055 Longshore Way W, Naples, FL ADDRESS: 9. CASE NO: CELU20190001895 OWNER: FJA LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Chapter 10, Section 10.02.03(B). Operation of a landscaping company without the required Site Development Plan. FOLIO NO: 221000009 PROPERTY 1296 Keri Island Rd, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CEAU20200009413 OWNER: KATRIX LLC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). A dilapidated chain link fence in the front and side yard of unimproved property. FOLIO NO: 65071520004 PROPERTY 523 Eustis Ave, Naples, FL ADDRESS: 2. CASE NO: CESD20190013107 OWNER: James Wuschke OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior renovations to the unit without the required Collier County permits and inspections. FOLIO NO: 31530400000 PROPERTY 3826 Exchange Ave, Naples, FL ADDRESS: 3. CASE NO: CEPM20200009530 OWNER: PROPERTIES OF S&O LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-240(1)(i), 22-240(1)(b) and 22-240(1)(j). Observed mildew on the exterior walls, a break/hole in the exterior wall, broken/vandalized exterior surveillance cameras/electrical equipment, exposed wiring from exterior electrical/junction boxes, a deteriorated/dilapidated garbage/dumpster enclosure, and an accumulation of litter on improved unoccupied commercial property. FOLIO NO: 75212920000 PROPERTY 1570 Immokalee Dr, Immokalee, FL ADDRESS: 4. CASE NO: CESD20190009248 OWNER: Judy Pappalardo OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Rear of porch/lanai enclosed with windows and or sliding window doors without the required Collier County permits and inspections. FOLIO NO: 61131480004 PROPERTY 1754 Bald Eagle Dr Unit C, Naples, FL ADDRESS: 5. CASE NO: CESD20200002803 OWNER: Humberto Aguilar OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 041-41, as amended, Section 10.02.06(B)(1)(a). Two carport’s, kitchen addition with electrical and plumbing all attached to the mobile home erected without first obtaining the authorization of the required permits, inspections and certificate(s) of occupancy as required by Collier County. FOLIO NO: 127880006 PROPERTY 331 N 15th St Unit 4, Immokalee, FL ADDRESS: 6. CASE NO: CESD20180006585 OWNER: Thelma A Haynes OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Improvements made without first obtaining any and all required Collier County permits. FOLIO NO: 22770960005 PROPERTY 1061 Michigan Ave, Naples, FL ADDRESS: 7. CASE NO: CEROW20150023031 OWNER: Veronica Tressler, Barbara Dethloff and Elizabeth Lucky OFFICER: Sherry Patterson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). A culvert drainage pipe in need of repair or replacement. FOLIO NO: 161080008 PROPERTY 231 Willoughby Dr, Naples, FL ADDRESS: 8. CASE NO: CESD20180015180 OWNER: James Clay OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior remodeling without obtaining the necessary permits. FOLIO NO: 52392400007 PROPERTY 184 Pago Pago DR W, Naples, FL ADDRESS: 9. CASE NO: CESD20190010332 OWNER: Michael J Medic and Anita L Medic OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections, and certificate of completion. FOLIO NO: 65471440001 PROPERTY 380 Sharwood Dr, Naples, FL ADDRESS: 10. CASE NO: CELU20180010455 OWNER: Michael J Tirpak and Patricia A Tirpak Living Trust OFFICER: Eric Short VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). FOLIO NO: 70721320002 PROPERTY 3047 Terrace Ave, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT HEARING DATE - JUNE 24, 2021 AT 9:00AM XIV.ADJOURN May 27, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to welcome you to the Code Enforcement meeting. Notice: Respondents may be limited to 20 minutes in case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. And if that's not a run-on sentence, I don't know what is. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Okay. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Would all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call, Helen. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco? May 27, 2021 Page 3 MR. BLANCO: Here. MS. BUCHILLON: Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: And Mr. Herminio Ortega is not here. CHAIRMAN KAUFMAN: Since we're at that stage, let me make -- what I was going to save till the end, I'll do it now. I'm recommending that Herminio be replaced on the Board because of his inability to make all the meetings. He's been a terrific asset to the Board when he's here. The problem is that all too often he's not here. And actually, it came to a head last month when we had to wake Danny up and drag him in here because we didn't have a quorum. So I just wanted to bring that to the -- we don't need a motion. We don't need approval. I'll bring it up, and I'll draft a letter to reflect that. MS. BUCHILLON: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Which brings me to the approval of the minutes. Anybody have any problems with the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none... MR. LEFEBVRE: Make a motion to approve. MS. ELROD: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) May 27, 2021 Page 4 MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: It passes unanimously. And that brings us to the agenda. MS. BUCHILLON: Hello. We have a lot of changes to the agenda. CHAIRMAN KAUFMAN: You're only allowed so many. MS. BUCHILLON: First we have two stipulations. Under hearings, No. 4, CENA20200010652, Michael A. Knight. Next stipulation, No. 5, CESD2010000507, Rainer Rizo. Those are the stipulations. Now we're going to the withdrawals. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, under D, hearings, No. 1, CESD20200013736, 3050 Tamiami Trail, LLC, has been withdrawn due to compliance efforts. Number 2, CEVR20200005901, Fields of Green Lawn Care, Inc., has been withdrawn due to legal counsel scheduling. Number 3, CESD20200010274, John Bloom Living Trust, has been drawn due to compliance efforts. Number 6, CEPM20210001265, Shawnita Beaty, Sheila Jameson, Sheila Jameson Dobscha, and Jeannie Jenkins, has been withdrawn due to compliance efforts. Number 7, CESD20210001477, Four Amigos 3, LLC, has been withdrawn due to compliance efforts. Number 8, CESD20200011753, Long Shore Lake Foundation 1, LLC, has been withdrawn, due to compliance efforts. Number 9, CELU20190001895, FJA, LLC, has been withdrawn due to county staff scheduling. Under old business, C, motion for imposition of fines, No. 2, CESD20190013107, James Wuschke, has been withdrawn due to compliance efforts. May 27, 2021 Page 5 Number 4, CESD20190009248, Judy Papparlardo, has been withdrawn due to compliance efforts. Number 7, CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky, has been withdrawn and will be scheduled for the June hearing. Number 10, CELU20180010455, Michael J. Tirpak and Patricia A. Tirpak Living Trust, has been withdrawn and will be rescheduled for the June hearing. And we have an addition in the imposition of fines. It will be No. 11. The case is CESD2019001033, Thomas P. Ryan Trust. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the modified agenda. MS. ELROD: Motion to accept. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. CURLEY: I just have a quick question. When you say "compliance efforts," does that mean that they've fixed it? MS. BUCHILLON: No. They're working towards finishing the problem; abating it. May 27, 2021 Page 6 MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. So we're going to start out with Stipulation No. 4. MS. BUCHILLON: Number 4, CENA20200010652, Michael A. Knight. (The speaker was duly sworn and indicated in the affirmative.) MR. ASARO: I do. CHAIRMAN KAUFMAN: Good morning, Tony. MR. ASARO: Good morning. CHAIRMAN KAUFMAN: We have the stipulation in front of us, but if you'd like to read it into the record. Let the record show that the respondent is not present. MR. ASARO: Okay. Michael A. Knight agrees to enter into a stipulation agreement with Collier County. 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: Must obtain all required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy within 90 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Respondent must notify the Code Enforcement Department 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. This was a remodel, May 27, 2021 Page 7 interior? MR. ASARO: Yeah -- CHAIRMAN KAUFMAN: Didn't pull a permit? MR. ASARO: -- of a condominium. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Tony. MR. ASARO: Thank you. MS. BUCHILLON: Next stipulation, No. 5, CESD20210000507, Rainer Rizo. (The speaker was duly sworn and indicated in the affirmative.) MS. GUY: I do. CHAIRMAN KAUFMAN: Hold on one second, Paula. Yeah, on the previous order, there's some missing text. It's a copier problem. Okay. MS. CURLEY: Paragraph No. 3, it just looks like -- is there a date or something that's missing there, or was that meant to be whited out? I'm not sure what that means. May 27, 2021 Page 8 MS. BOWMAN: It should be today's date. MS. CURLEY: Okay. Do we want to make -- CHAIRMAN KAUFMAN: Scrivener's error, that will be corrected on the orders. I'm sure Patrick will take care of that. MR. WHITE: Yes. CHAIRMAN KAUFMAN: Thank you, Patrick. Okay. Let the record reflect that the respondent is not present. Paula, would you like to read the stipulation into the record for us. MS. GUY: Yes. Good morning. For the record Paula Guy, Collier County Code Enforcement. 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 building permits or demolition permit, inspections, and certificate of completion/occupancy to permit the garage conversion and enclosure alterations made to the lanai or return to a permitted state within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Cease and desist the use of the unpermitted garage conversion as living space and disconnect all unpermitted utilities until a valid permit, inspections, and certificate of completion/occupancy has been issued within three days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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 May 27, 2021 Page 9 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. So this is a garage conversion. Are you going to -- or is somebody going to go out there and check that they're out of it in three days or so? MS. GUY: Correct. I just discussed it with the owner on Monday. I'll be verifying that the utilities are shut off. I verified on May 5th that it's no longer being occupied, and it's just being used for storage. There's also a conversion of a lanai, too, from the back of the home. CHAIRMAN KAUFMAN: Different case? MS. GUY: Same case. CHAIRMAN KAUFMAN: Same case? MS. GUY: Yes, sir. It's depicted in No. 2. MS. CURLEY: Was this a neighbor complaint, or how did you find out about this? MS. GUY: This actually is an elected official complaint. MS. CURLEY: Okay. That's pretty serious. MS. GUY: Yes. MS. CURLEY: I appreciate the three days to make sure all the life-safety things are -- you know, you can have another fire out there because there's some electrical. MS. GUY: Correct. And I had done an on-site -- they've been very accommodating. They've always provided me access every time I've done a request, and I've rechecked it on May 5th, and they did immediately get the occupants out of the garage conversion that they were renting out. It was vacated very quickly. MS. CURLEY: Okay. So it was a rental conversion? MS. GUY: Correct. And the Florida room enclosure was for the family use. May 27, 2021 Page 10 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So we give them four months. It's sort of like not really a -- I mean, they would have to demo it in four month, or we'll see them in here extending it forever saying they can't get permits and things. MS. GUY: Yeah. They have started the permit process. It's actually been under review since May the 12th. I checked it late yesterday afternoon. So far there's two rejections. It's still under review. But it did -- it took them about three to four weeks to get all the plans and all the documents needed to submit the application. So they are moving forward. MR. LEFEBVRE: With keeping it the way it is or -- MS. GUY: Yes. They're trying to keep at the way it is, yes. MS. CURLEY: So we'll see them in four months. MR. LEFEBVRE: More than likely, because the elevation probably won't be -- for the garage, at least, won't be sufficient. MS. GUY: Possibility. CHAIRMAN KAUFMAN: That's a horse with a different blanket on it. We'll find out. MS. GUY: Yes, sir. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MS. ELROD: I'll make a motion to accept. MR. LEFEBVRE: Second. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and second to accept the stipulation as written. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) May 27, 2021 Page 11 MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Paula. MS. GUY: Thank you. CHAIRMAN KAUFMAN: That takes care of the stipulations. We have no cases to hear. MS. BUCHILLON: We have the motion for extension of time. CHAIRMAN KAUFMAN: Oh, we do, okay. I see that. MS. BUCHILLON: Number 1, CESD20190010307, Juan C. Alcantara, Jr., and Lindsey M Alcantara. CHAIRMAN KAUFMAN: This is -- good morning, Sherry. MS. PATTERSON: Good morning. CHAIRMAN KAUFMAN: This is a continuation for the last six months of the docks or not docks, et cetera, out in your neighborhood there. MR. LEFEBVRE: Willoughby Acres. CHAIRMAN KAUFMAN: Willoughby Acres; Palm River. Okay. What do we have here, Sherry? MS. PATTERSON: We're coming to an end, though, so... CHAIRMAN KAUFMAN: Oh, good. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. MR. ALCANTARA: I do. MS. PATTERSON: For the record, Sherry Patterson with Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: We're here for an extension of time. Do you read the extension? May 27, 2021 Page 12 MS. BUCHILLON: Jeff? CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, please. MR. ALCANTARA: Sure. It's Juan Alcantara. CHAIRMAN KAUFMAN: And you're asking for an extension of time? MR. ALCANTARA: Yes, sir. CHAIRMAN KAUFMAN: How much time do you need? MR. ALCANTARA: Well, according to the contractor, at least another three months. CHAIRMAN KAUFMAN: Okay. There's no safety and health involved in this? MS. PATTERSON: No. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion -- to cut you off, sorry. But we've been through this. Your neighbor's have been here multiple times, and just out of the sake of granting a little more time -- and I know we know the history where there's only a couple contractors that have a small enough barge and so forth, so I would say let's grant 150 days. MS. CURLEY: I think that's smart. MR. LEFEBVRE: A motion to grant a 150-day extension. MS. ELROD: Second. I'll second that. CHAIRMAN KAUFMAN: Do you want to do six months? MS. BOWMAN: I think you should just do six months. MR. LEFEBVRE: I'll amend my motion to six months. MS. BUCHILLON: Extension or continuance? MR. LEFEBVRE: Continuation. CHAIRMAN KAUFMAN: Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in May 27, 2021 Page 13 favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ALCANTARA: Thank you. CHAIRMAN KAUFMAN: So hopefully you don't have to drive back here three months from now to ask for more time. MR. ALCANTARA: I'm hoping. Cross my fingers, yeah. Thank you very much. CHAIRMAN KAUFMAN: Good luck. MR. ALCANTARA: Thank you very much. MR. LEFEBVRE: You're welcome. CHAIRMAN KAUFMAN: Thanks, Sherry. MS. BUCHILLON: And the next case will be under imposition of fines. (The speakers were duly sworn and indicated in the affirmative.) MR. AMBACH: I do. For the record, Chris Ambach, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning, Chris. Which case are we hearing now? Is it the first one? MR. AMBACH: It's -- 9413 are the last four, sir. CHAIRMAN KAUFMAN: Gotcha. Okay. And we have that. Let the record reflect that the respondent is not present. MR. AMBACH: All set? May 27, 2021 Page 14 CHAIRMAN KAUFMAN: Okay. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations; Collier County Land Development Code 04-41, as amended, Section 5.03.02.F.3. Location is 523 Eustis Avenue, Naples, Florida; Folio No. 65071520004. Description: Dilapidated chain-link fence in the front and side yard of unimproved property. Past orders: On January 28th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances in order to correct the violation. See the attached order of the Board, OR5905, Page 1951, for more information. The violation has not been abated as of May 27th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from February 28th, 2021, to May 27th, 2021, 89 days, for a total fine amount of $8,900. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing: $59.28. Total amount: $9,018.56. CHAIRMAN KAUFMAN: Was this the case that was like a jungle in the back of the property? MR. AMBACH: Yes. CHAIRMAN KAUFMAN: The gentleman was here at the last meeting? MR. AMBACH: No. CHAIRMAN KAUFMAN: No? Okay. MS. CURLEY: What's going on? May 27, 2021 Page 15 CHAIRMAN KAUFMAN: Nothing is going on, and not paying the operational costs, so -- MR. LEFEBVRE: Have you had any contact with the owner? MR. AMBACH: No. This is a company out of the Midwest that has never contacted us. I believe this was a tax deed sale. The county abated the original violation. They tore the house down, had that removed. It is currently on the mandatory lot mow program because they refuse to take care of the property, and this is the last remaining issue that we have is this fence that was -- it's all mangled. MS. CURLEY: So the county's paying to maintain their lot and liening it? MR. AMBACH: Yes. MS. CURLEY: Well, I'll make a motion to -- CHAIRMAN KAUFMAN: Impose? MS. CURLEY: -- impose the county's request of fines, including the two previous operational costs for a total amount of $9,018.56. MR. LEFEBVRE: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. You can type whoever's name is shorter. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: If I may, I would like to put on the record that respondent was notified regular and certified mail May 10th. It was also posted at the property on May 6th and at the courthouse. CHAIRMAN KAUFMAN: Very good. Thank you. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. May 27, 2021 Page 16 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next case would be No. 6, CESD20180006585, Thelma A. Haynes. CHAIRMAN KAUFMAN: Let me ask a silly question. We're skipping over 3 and -- okay -- MR. AMBACH: Oh, I don't know. CHAIRMAN KAUFMAN: -- because you're up there. We can save you the steps, and the respondent's here, okay. MS. BUCHILLON: The respondents are here. Chris just jumped up. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. MS. HAYNES: I do. CHAIRMAN KAUFMAN: Good morning, Eric. MS. HAYNES: Good morning. CHAIRMAN KAUFMAN: Can you state your name on the record for us, please. MS. HAYNES: Yes, Thelma Haynes. CHAIRMAN KAUFMAN: Okay. We'll let you go first. You're here to request something, I'm sure. MS. HAYNES: Yes. I do have this property on Michigan Avenue and, unfortunately, I choose to close part of laundry room. There was a little space where they have the garbage cans there, so I choose to close the wall and add a tall shower. So I didn't was aware at the moment I have to have the permit, because that part of May 27, 2021 Page 17 that space comes with the house. So -- and then I received a letter that I have to -- that -- so I receive a letter from you guys that I have to come and get a permit. So -- and then I hired a contractor. So this person asked me for -- to make a check for more than $1,000 to pay to the Collier Building Department, which I did it. And after that, I don't know -- to be honest, with these people, sometimes they think that you don't know -- I don't know nothing about building, nothing. So it's only myself. So I believe everything that he said. So after he come back, he says to me, we have to lift the roof, and then in order to do again everything we have to also lift the floors level to the house. So I asked him how much it's going to cost me that. So he says to me it's going to be more than $60,000. So I said to him, this is not what I was thinking. I don't have that money. I don't -- I cannot do that. So -- and then I come -- I came to Collier Building Department. They explained to me that I have two options, so I took the option to demolish. So I demolish everything, and then I follow all the directions. Everything, I pay everything. So now my property's complete, thank God. It took me too long, unfortunately, because at that time I having so much turbulence in my life with family, with a lot of things. I had the COVID in the hospital, and thank God I'm here now, but I fight so much with the neighbor that -- CHAIRMAN KAUFMAN: Take it easy. We're not going anywhere. MS. HAYNES: No, I know that. But it's very emotional for me, all the things. It was too much stress all this time. A lot of money, and -- MS. CURLEY: Well, the good thing is is that you're here now May 27, 2021 Page 18 and it's cleaned up. MS. HAYNES: Yes. Thank God that I'm here, because I didn't receive the letter. Thank God Mr. Eric give me a phone call, and he told me you have to come to the hearing. And I said, I'm not in Naples, because I don't live in Naples now in my house. So I have to drive three hours yesterday to come here to finish with the situation. CHAIRMAN KAUFMAN: Okay. So you're here to request that the fines be removed? MS. HAYNES: Yes. CHAIRMAN KAUFMAN: Is that correct? MS. HAYNES: It's correct. MS. CURLEY: Okay. Anybody from the Board like to make a motion? MS. ELROD: I'll make a motion that the county is denied its imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and second to remove fines. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Your three-hour drive is well worth it. Fines are gone. MS. HAYNES: Oh, thank you so much. Thank you so very much. I appreciate. God bless all of you. Thank you for understanding. May 27, 2021 Page 19 CHAIRMAN KAUFMAN: Thank you. MS. CURLEY: Do we need to include today's fines or, because we denied it, that doesn't -- CHAIRMAN KAUFMAN: All gone. Yes, Jeff. MR. LETOURNEAU: Well, I would say, to make it cleaner on the record, you state that today's operational costs also are waived -- are denied. MS. ELROD: Or just read the total amount. MS. CURLEY: Well, why don't you just -- CHAIRMAN KAUFMAN: Okay, Kathy. Go ahead. Just amend it to include the operational costs for today. MS. ELROD: I'll amend it to include the operational costs for today. CHAIRMAN KAUFMAN: And the second? MR. LEFEBVRE: I'll amend it also. CHAIRMAN KAUFMAN: And he agrees. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Just as a matter of course, Mr. Chairman and board members, my understanding is that when that motion is typically made just as to fines, the orders will include the costs unless someone says there's an expectation thereto. Of course, it's always preferred that it's specifically enumerated and mentioned or the dollar May 27, 2021 Page 20 amount total, one or the other. But that has been the practice that I've followed -- CHAIRMAN KAUFMAN: I agree. MR. WHITE: -- throughout. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: You never know. MS. BUCHILLON: Next case, No. 9, CESD20190010332, Michael J. Medic and Anita L. Medic. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Yes. MS. MEDIC: I do. CHAIRMAN KAUFMAN: Sherry, you want to read this into the record for us. MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: And then we'll have the respondent comment. MS. PATTERSON: Yes. In your past orders, on January 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 attached order of the Board, OR5831, Page 3998, for more information. The violation has been abated as of April 1st, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period of February 22nd, 2021, to April 1st, 2021, for a total of 39 days, for a total fine amount of $3,900. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.35. Total amount is $3,959.35. CHAIRMAN KAUFMAN: Okay. Good morning. MS. MEDIC: Good morning. My name's Anita Medic. My May 27, 2021 Page 21 contractor was finally able to finish it, so I am in compliance, and I'm here to request that my fees be waived. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board. This is a continuation of the Palm River dock situation. MR. LEFEBVRE: I make a motion to -- CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: Go ahead. No, go ahead. MS. BOWMAN: I'll make a motion to accept the request to remove the fines. CHAIRMAN KAUFMAN: To deny the county's -- MS. BOWMAN: Deny the county's imposition of fines. Excuse me. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. MEDIC: Thank you. CHAIRMAN KAUFMAN: So you can put on your schedule that your Thursdays are now clear going forward. MS. MEDIC: Thank you. Have a good day. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thank you. May 27, 2021 Page 22 MS. BUCHILLON: Next case, No. 11 CESD2019001033 -- 31, Thomas P. Ryan Trust. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. MS. BRENNAN: I do. CHAIRMAN KAUFMAN: Do we have a sheet on this one, Helen? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MR. SHORT: Mr. Chair, before we get started, this is another dock case. Corey, she's a real estate agent, and we have a letter giving some authorization, and it also discusses the notice requirements. CHAIRMAN KAUFMAN: Okay. So why don't we start out with you reading the case into the record for us as we did in the last case. MR. SHORT: All right. For the record, Supervisor Eric Short with Code Enforcement. This is in regard to your past ordered. On October 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board in OR Book 5846, Page 2411, for more information. The violation has been abated as of May 20th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day from the period of January 22nd, 2020, to May 20th, 2021 -- I'm sorry -- January 22nd, 2021 to May 20th, 2021, 119 days, for a total fine amount of $11,900. The previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.56, for a total fine May 27, 2021 Page 23 amount of $11,959.56. CHAIRMAN KAUFMAN: Okay. And could you state your name on the -- MS. BRENNAN: Yes, Corey Brennan. CHAIRMAN KAUFMAN: Okay. Corey, you're a real estate agent? MS. BRENNAN: I am. CHAIRMAN KAUFMAN: We don't -- we're not familiar with real estate. MS. BRENNAN: I even did a deal with Gerald. CHAIRMAN KAUFMAN: You have a question for us? MS. BRENNAN: Yes. This house was vacant. It was an estate home owned by the brother and sister. They both live out of state, Indiana. And so they -- you know, this was something they were trying to handle from upstate and, going through COVID and stuff, they weren't able to get down here. And when they finally found a dock person that was able to get this resolved, they were able to move very quickly after they -- that's what took the time, though, is finding the right person, I guess. It's a -- he said it was small potatoes, and the contractors wanted to do bigger jobs. So that's why it took a while. CHAIRMAN KAUFMAN: I don't want to put words in your mouth, but you're requesting that the fines be abated? MS. BRENNAN: Yes. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Point of order, Mr. Chairman, if I may. The document that Ms. Brennan provided is one that I've reviewed. It has been notarized. It is signed by David Ryan, and it authorizes Ms. Brennan to represent today, and it asks, of course, for the removal of the fines and costs, but I do need to ask her one question, if I may. May 27, 2021 Page 24 Are you aware whether Mr. David Ryan is the trustee of the trust? MS. BRENNAN: He is. I'm sorry. He is, yes. MR. WHITE: Thank you. Thank you. I would say that it also waives the notice. As you know, this wasn't originally on your agenda. It wasn't published, but they're waiving that notice under 162 and any other standards, so I believe it's appropriate to proceed as you may desire. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. BLANCO: Make a motion to deny the county's request for imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BRENNAN: Thank you so much. Thank you very much. CHAIRMAN KAUFMAN: Okay, Corey. MS. BUCHILLON: Next case, No. 3, CEPM20200009530, Properties of S&O, LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: I do. MS. BUCHILLON: I want to put on the record respondent was May 27, 2021 Page 25 notified regular and certified mail on May 10th, 2021, and it was also posted at the courthouse and the property on May 5th, 2021. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. Okay, Chris. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Code of Laws and Ordinances, Chapter 21, Article VI, Section 22-228(1), 22-240(1)(I), 20-241(B), and 22-241(J). Location: 1570 Immokalee Drive, Immokalee Road, Florida; Folio No. 75212920000. Description: Observed mildew on the exterior walls, a hole in the exterior wall, broken/vandalized exterior surveillance cameras and electrical equipment, exposed wiring from exterior electrical/junction boxes, a deteriorated and dilapidated garbage dumpster enclosure, and an accumulation of litter on improved unoccupied commercial property. Past orders: On January 28th, 2021, 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, OR5933, Page 2493, for more information. The violation has not been abated as of May 27th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $300 per day for the period from March 29th, 2021, to May 27th, 2021, 60 days, for a total fine amount of $18,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing: $59.28. May 27, 2021 Page 26 Total amount: $18,118.56. CHAIRMAN KAUFMAN: Okay. You've been in contact with these people or not? MR. AMBACH: We have in the past. CHAIRMAN KAUFMAN: Okay. They've chosen not to -- MR. AMBACH: Not to do anything, sir. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion on this? MR. LEFEBVRE: I guess one quick question. You say "in the past." Regarding this case or regarding other cases? MR. AMBACH: This property and every other property they own. MR. LEFEBVRE: Okay. So they just fail to take care of the property? MR. AMBACH: That is correct. MR. LEFEBVRE: I make a motion to impose the fines. MR. BLANCO: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fines. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And this one is not homesteaded, is that correct obviously? MR. AMBACH: That's correct, yes. May 27, 2021 Page 27 CHAIRMAN KAUFMAN: So -- MS. CURLEY: So there's Stop Work Orders on these, and they're just sitting there now? MR. AMBACH: I'm sorry? MS. CURLEY: I mean, so there's just Stop Work Orders on all this -- MR. AMBACH: It's a vacant -- MS. CURLEY: Oh, I'm sorry. I'm looking at the wrong one. It says "interior." I beg your pardon. CHAIRMAN KAUFMAN: That's a vacant disaster house. MS. CURLEY: Okay. MR. LEFEBVRE: Commercial property. MR. AMBACH: Commercial, yes; grocery store. CHAIRMAN KAUFMAN: Okay. Next one, Helen? MS. BUCHILLON: Next case, No. 5, CESD20200002803, Humberto Aguilar. Respondent was notified regular and certified mail on May 10th, 2021. It was posted at the property and courthouse May 6th, 2021. CHAIRMAN KAUFMAN: And let the record reflect that the respondent is not present. Okay, Chris, you want to read this one in. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: I do. For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 331 North 15th Street, Unit 4, Immokalee, Florida; Folio 127880006. Description: Two carports, a kitchen addition with electrical and plumbing all attached to the mobile home erected without first May 27, 2021 Page 28 obtaining the authorization of the required permits, inspections, and certificates of occupancy as required by Collier County. Past orders: On January 28th, 2021, 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, OR5896, Page 3116, for more information. The violation has not been abated as of May 27th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from April 29, 2021, to May 27th, 2021, 29 days, for a total fine amount of $2,900. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing: $59.28. Total amount: $3,018.56. CHAIRMAN KAUFMAN: Have you had any opportunity to speak with Mr. Aguilar? MR. AMBACH: My investigator that covers that territory did have conversations with him at the beginning of this case. As soon as the notices were issued, all communication stopped. He didn't pursue anything. Everything remains the same. He did not show up at the hearing, the original hearing here, and he's not paid his operational costs either. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to make a motion? MR. LEFEBVRE: Motion to impose. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MS. ELROD: Aye. May 27, 2021 Page 29 MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Thanks, Chris. MS. BUCHILLON: Next and last case, No. 8, CESD20180015180, James Clay. Respondent was notified regular and certified mail on May 10th, 2021, and it was also posted at the property and courthouse May 11, 2021. (The speaker was duly sworn and indicated in the affirmative.) MS. DAVIDSON: I do. It's been a while. For the record, Colleen Davidson, operations manager, Code Enforcement. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. Do you want to read this into the record for us? MS. DAVIDSON: Yes. Violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Location: 184 Pago Pago Drive West, Naples, Florida; Folio No. 52392400007. Description: Interior remodeling without the necessary permits. Past order: On January 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 May 27, 2021 Page 30 ordered to correct the violation. See the attached order of the Board, OR5727, Page 2801, for more information. The violation has been abated as of April 1st, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from May 24th, 2020, to April 1st, 2021, 313 days, for a total fine amount of $78,250. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.28. Total amount: $78,309.28. CHAIRMAN KAUFMAN: Let me ask a couple of questions before we go forward. Have you been in contact with the respondent? MS. DAVIDSON: We have, and they have abated the violation and paid the ops costs. CHAIRMAN KAUFMAN: Have they sent a letter in that they wouldn't be here today? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Joe wants to speak. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning, Joe. MR. MUCHA: Good morning. So the gentleman lives out of state, and he sent an e-mail. CHAIRMAN KAUFMAN: Oh, he did? MR. MUCHA: Yes. I don't know if you remember this case. This was the one where there was -- the 50 percent FEMA rule was kind of called into question, and there was a neighbor that was fighting it with the county, and it kind of dragged on and on. CHAIRMAN KAUFMAN: It's all gotten -- it's all been resolved? MR. MUCHA: It's all resolved now, yes, sir. May 27, 2021 Page 31 MR. LETOURNEAU: The letter's up on the screen, if you want to take a look at it, so -- CHAIRMAN KAUFMAN: I'd need an eye operation to -- I don't think you can read it from there. That's okay. He said that he took care of everything, and it's now in compliance. MS. BOWMAN: Make a motion to deny the county imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and second to deny the county's imposition of fines. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. Thanks, Jeff. MS. CURLEY: So I just have a question before we end the meeting, Helen, about something. Go ahead. MS. BUCHILLON: Go ahead. MS. CURLEY: So I reviewed the, like, agenda beforehand, and so I just wondered -- I know we had a lot of cases that were removed, and so I made note of what you said about them. And No. 2 on the hearings, you said it was withdrawn because of the lawyer, and it's a case that's been there for 10 months. They cleared two acres. And, you know, they've not done anything in almost -- it will be a year if they're on next month. I mean, I'm sure this company has a lawyer May 27, 2021 Page 32 available. And, you know, they could have at least told us if they have a building permit. I read the case. It says that they could remove one acre if they're going to put a house on it, but they've removed two acres, so there's a violation there no matter what, whether they get a building permit or not. And so, this is just giving reprieval to let runoff and other things happen to neighbors' properties out in the Estates for a year. And so I just wondered, like, if you just send a random e-mail to the county asking to delay it. I mean, how many times has this been delayed? Have they -- you know, is it just like a free pass? Because this is pretty dodgy. MR. WHITE: Mr. Chair -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- and Board Member Curley, because the matter is likely to be heard in the future, I would encourage you to not discuss any of the substantive aspects of the case today till it's actually before you. MS. CURLEY: I just read the county's order. MR. WHITE: I understand. I just don't want to prejudice your case for next month. CHAIRMAN KAUFMAN: The county withdrew it. MR. LETOURNEAU: I'll handle this for Helen, though. For the record, Jeff Letourneau, Collier County Code Enforcement. We have an in-house policy, when we take a case for the first time, to a hearing. If it's not health and safety issue, which we didn't deem this one to be, if there's mitigating factors for the respondent, we have one in-house continuance for a month, and we allow that. Now, if they were to come next month -- we're going to reschedule this for next month -- and ask us again, we would bring it May 27, 2021 Page 33 before you guys and let you have that say at that point. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: And as I understand the code, if I have two acres and I submit a building permit -- MR. LETOURNEAU: Yeah, that's so they -- (Simultaneous crosstalk.) MR. LETOURNEAU: Well, I don't even want to discuss the case, but they have -- CHAIRMAN KAUFMAN: No, I'm not talking -- MR. LETOURNEAU: But they have numerous options to come into compliance. CHAIRMAN KAUFMAN: Yeah. I'm not talking about this case. But just in general, you can clear -- you can clear up to an acre without a permit. MS. CURLEY: Well, that's what is in the -- MR. LETOURNEAU: In general -- in general, in the Estates and agriculture, you can clear up to an acre with the primary structure, yes. CHAIRMAN KAUFMAN: Let me finish. And on the permit that you pull for whatever you're going to do, you can request additional rights to clear. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: So that's another way they could -- cases like this could be resolved. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: So okay. We'll find out. MR. LETOURNEAU: I just want to make it a point, though, that we do have an in-house option in Code Enforcement to continue for a month due to -- you know, there's all sort of factors -- COVID and, I mean -- MS. CURLEY: I mean, the thing that made me look twice at it May 27, 2021 is you have a landscaping company that's obviously licensed and understands the rules and laws of our state and our county and clearing rules. So that's like -- MR. LEFEBVRE: I make a motion to adjourn. MS. CURLEY: Yep. MR. BLANCO: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:47 a.m. C • ! - 1 - ORCEMENT BOARD , 0. R•I ER KA lor , CHAIRMAN These minutes approved by the Board onL,\w__ 2 ;d a), as presented �C or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 34