Agenda 09/27/2022 Item #16A 1 (Release of a code enforcement lien)09/27/2022
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien, with an accrued value of
$294,059.77 for payment of $29,500, in the code enforcement action titled Board of County
Commissioners v. Union Road LLC., Code Enforcement Board Case No. CEPM20160004343,
relating to property located at 12400 Union Rd., Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $294,059.77 for payment of $29,500 in relation to Code Enforcement Board
Case No. CEPM20160004343.
CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against Union Rd,
LLC, in Case No. CEPM20160004343 for code violation at 12400 Union Rd. The violation consisted of
a vacant commercial building with broken and/or missing windows, broken and/or missing doors, and
roof and exterior walls in a state of disrepair. The lien was recorded on July 11, 2018, at O.R. Book 5531,
Page 2726. The current lien amount of $294,059.77 is based on 1,960 days of accrued fines ($150 per day
from February 23, 2017, through July 6, 2022) totaling $294,000 plus $59.77 in operational costs. The
property was brought into compliance for the violation on July 6, 2022.
Union Rd, LLC, acquired 12400 Union Road via Trustee’s Deed recorded on September 2, 2016.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. Mr. Mike Welsby and Mr. Paul Tateo, (Union Rd., LLC)
took title to this property with uncorrected code violations, with the intent to renovate and create 16 one-
bedroom workforce apartments. In 2016, once the abatement process began, 12400 Union Rd, LLC.,
encountered many delays with the project. There was a lengthy jurisdiction dispute over the source of
water required for the building fire sprinkler system, and open permits from a previous contractor. After
expending a significant amount in capitalized costs, it was thought the violation had been abated. Within a
few months of purchasing the structure, a structural engineer, architect, and civil engineer were hired to
set the project in motion, only to be derailed by Hurricane Irma, which set the project back for another
year. The project was further impeded by ongoing labor shortages, substantial cost increases for building
materials, and changes made to Florida Building Code, which led 12400 Union Rd, LLC., to terminate the
project and demolish the building. It took substantial amounts of time and money, over $371,000, with
extensive follow up, the hiring of an architect, contractor, engineer, permit fees, building demolition, and
inspections to come into compliance. The property is actively maintained, the owner has paid $29,500 in
settlement of fines, and is requesting the remaining $264,559.77 in accrued fines be waived. There are no
known code violations remaining on the property.
FISCAL IMPACT: Payment of $29,500 has been made, representing $29,440.23 in fines, and $59.77 in
operational costs. If approved by the Board, accrued fines in the amount of $264,559.77 would be
waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board’s
policy contained in Resolution 2012-46. CAK
16.A.1
Packet Pg. 443
09/27/2022
RECOMMENDATION: To waive the fines in the amount of $264,559.77, accept the payment amount
of $29,500, release the liens, and authorize the Chairman to sign the attached releases and satisfaction of
liens for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Owner Letter (PDF)
2. Lien Order (PDF)
3. release (PDF)
4. [Linked] Backup documents (PDF)
16.A.1
Packet Pg. 444
09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 23052
Item Summary: Recommendation to approve the release of a code enforcement lien, with an
accrued value of $294,059.77 for payment of $29,500, in the code enforcement action titled Board of
County Commissioners v. Union Road LLC., Code Enforcement Board Case No. CEPM20160004343,
relating to property located at 12400 Union Rd., Collier County, Florida.
Meeting Date: 09/27/2022
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
08/10/2022 2:27 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
08/10/2022 2:27 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 08/11/2022 8:59 AM
Code Enforcement Colleen Davidson Additional Reviewer Completed 08/11/2022 3:50 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Initial Review Completed 08/23/2022 9:00 AM
Growth Management Department Diane Lynch Growth Management Department Completed 08/23/2022 12:38 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 08/24/2022 9:52 AM
Growth Management Department James C French Growth Management Completed 09/14/2022 6:19 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/15/2022 10:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/15/2022 1:39 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/16/2022 1:37 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/16/2022 5:04 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
16.A.1
Packet Pg. 445
Burgoslliana
Subject:FW: 12400 Union Road: Case CEPM20160004343 and CASE # CENA20210009276 and any
related to site
2018 GNFD finding on reuse water approval - 20181 106 COR FSS.pdf; 12400 Union Road
LLC basis.pdf; 2012-46 Resolution,pdf
Attachments:
Mike and County team
We metonThursday Jvly t4 2022 to talk again about potential code fine relief request and process. You gave us a copy of
Ordinance 2072-46 on the topic, reviewed some of the particulars of our case with us, explained the fine relief process. You
told us the earliest this could land in a BCC meeting would be September. First, there is your internal review process. You
asked us to write a hardship letter (this email) outlining our details, request, and a proposed settlement amount.
During our meeting we talked about whether the case or cases began before our purchase which closed on August 26 2015.
We bought the property from Gordon Henke, Trustee.
We bought the property intending to renovate the old building into 16 workforce rental one bedroom apartments for
people working in the national park, national preserve, Everglade City, Marco or south Naples.
We provide attached our Quickbooks file data showing our capitalized costs in the property. They total about 371,000 - so
far and before the final fine. This is all owner cash; there is no debt on the property. Our CPA at Rogers Wood Hill firm made
some journal entry adjustments over the last couple of years which are reflected in the attached Balance Sheet and detail.
The property title is in Union Road LLC. That LLC has 2 owners:
- MWC Holdings LLC (100% owned by Mike Welsby who you met and was at meeting)
- P2C3, LLC (700o/o owned by me - Paul Tateo - and my former spouse)
Mr Welby runs a contractor business. We planned for him to do the renovation work to the 16 rental apartments as well as
any demo, prep work.
Hardship Background & Details.
2016 Q3.
We were aware there was an outstanding code violation when we bought the property. We thought we corrected it with
our initial efforts the month (September 2016) after we bought the property. The building was built as a 32 room dorm for
workers at the adjacent hotel. During September and October we took out the interior walls, windows, boarded it up. The
demo and clean up invoices related to this phase we paid in Sept to Nov 2015. We think/thouBht the code violations should
end then...however we did not call in any code reinspect. We continue to think the code violation should stop as a result of
this work.
2016 Q4,
We also hired and paid a structural engineer to evaluate the structure for renovation, hired architect for 15 unit renovation
design and work, civil engineer for site work, surveyor and got in motion for the proposed project. You will see our
accounting entries for the Demo lnterior, Civil Engineering, Architect in attached.
2017 Q1
From: Paul Tateo
Sent: Sunday, July 77 , 2022 6:38 PM
To: michael.ossorio(ocolliercountvf l.gov
Cc: ioseph.mucha @colliercountvfl.gov; colleen.davidson@colliercountvfl.gov; Mike Welsby (vendvrwav(ovahoo.com )
<vendvrway(ava hoo.com>; Paula Tateo (pdtateo@gmail.com)<pdtateo@gmail.com>
Subiect: 12400 Union Road: Case CEPM20160004343 and CASE f CENA20210009276 and any related to site
1
16.A.1.a
Packet Pg. 446 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Saw us removing covering and rotted wood from the flat roof deck, replacing roof deck beams and rotted plywood panels,
covering it. The architect and civil engineer continued work.
20t7 Q2
We paid some initial site inspection fees to Greater Naples Fire District, reviewed and readied plans, and ended the quarter
paying County application fee for Slte Plan on June 30. The architect plans were substantially done and ready for submittal
a lso-
2017 Q3
saw the beginning of the debate between the Greater Naples Fire District and Port of the lslands Community lmprovement
District( the water, sewer and fire sprinkler water provider). Of course no site plan approval could occur while this was going
on. We paid Greater Naples Fire a variance review fee In July 2017.
Then we had a major hurricane. Over o yeor loter in November 2018 (attached) we finally got resolution from the fire
district. Held up for over a year.....l know, its unbelievable: a jurisdictional dispute overthe source ofwaterforthe required
building fire sprinkler system .
Because of hurricane lrma, we temporarily put the project on hold, Mike Welsby as contractor had enormous amounts of
work chasing him, working in and out of state on major insurance renovations throughout the south. Besides the hurricane
work that expanded to fire restoration, other renovation. That surge effectively paused for several years the 16 unit rental
apartment project.
2020 Q4.
We ultimately face the facts and terminate our project: construction costs had gone up, trades are busy, we'd have to redo
the design to current code meaning more delays, the contractor (Mike Welsby) had other demanding work and simply didn't
have time to run this project also.
2O2L QL
We put the property on the market in February 2021. We made a contract with a subsidized housing developer mid year
They were unable to get grant funding for this project and cancelled within their due diligence.
2021Q4.
We met with Code Enforcement about demo of the building. We hired Earthworks to do the demo, paying them an initial
deposit Oct 14 2021. After some months delay on their part (they refused to start with outstanding expired open permits
related to the 2016 interior demo), we replaced Earthworks with another demo contractor, Duane Thomas Marine.
2022Q7
We made contract with another party to buy the property which is still in place
Request for Settlement & Proposed Amount
2022Q3
We meet with Code Enforcement again, requesting relief of the fine. We propose a 520,000 settlement. Referring to Section
4.1 D of the ZO12-45 Resolution, we offer this amount because we strongly believe we cured the violation that existed at
purchase with our work in the immediate few months after we bought. That was our intent - by doing the interior demo to
both abate the nuisance, dangerous conditions and prep for our renovation'
We appreciate your professional attention to our request, and your courteous time meeting and responding' Please let me
know if you need a printed copy of this message and attachments to process our request. we will promptly send one'
Paul Tateo
For Union Road LLC
2
2022 Q2
We hire replacement demo contractor who finishes job in June 2022.
16.A.1.a
Packet Pg. 447 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
paul (A mvmarcoisland.com
239.296.233s
239.821.7606 cell/text
Attachments
Resolution 2012-46
Union Road LLC basis balance sheet for 12400 Union Road property
Greater Naples Fire District findings letter Nov 6 2018
3
16.A.1.a
Packet Pg. 448 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
GREATER NAPLES FIRE RESCUE DISTRICT
FIRE AND LIFE SAFETY
2700 Nonh I lorseshr>e l)rile . Naples, Iil. -1410.1
Phonc: (239)774-2ttiX) lrax; (239)774--11 1 (r
k,t Sthailr.I;h Cbtcl
November 6, 201 8
Mr. Paul Tateo
Union Road l.LC
12400 Union Road
Naples, FL 34114
Dear Mr. Tateo.
The Creater Naples l'ire Rescue District (CNFD) has received your documentation referencing
the water quality and pressure of the reclaimed water system requested to be used for the
proposed fire suppression system localed at 12400 Union Road. Naples, FL 34114.
Based on the provided documentation and multiple discussions with Engineer Ronald Benson,
the reclaimed water system that is part of the Port of The Islands Community Improvement
District (CID) is acceptable for use al said project. Additional support includes a l0 year history
of use on a neighboring fire sprinkler system shown to have no apparent negative affects
resuhing from the use of the CllD reclaimed water s)'stem.
Assurances shall be made to include the following:
- Measures are in place to maintain the required system pressure for the proposed fire
sprinkler system.
- Compliance with applicable sections of the Florida Administrative Code. cunently 62-
610.476 and applicable Florida Fire Prevention and National Fire Prevention Codes.
- Water quality compliance is maintained in accordarcc wilh the CID's Florida
Department of Environmental Protection (FDEP) Permit FI-AI41704 and future permits
as required by FDEP.
- Provide the Greater Naples Fire Rescue District the CID water quality updates in
conjunction with FDEP permit renewals; current permil expires May,20l9.
It is important to note that the inability to comply with ofany ofthe above assurances or should
any fire sprinkler system deficiency occur. as a direct result of the reclaimed water use. lhe
affected fire sprinkler system may be required to be connected to a potable water source.
Please contact my office with any questions or concerns I may assist you u'ith.
Thank you for your interest in life saltly!
Sincerel v.
Deputy Chie
SMH/tgc
ire Marshal
Professionalism - ln egrity - Compassion
16.A.1.a
Packet Pg. 449 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
l>-lCO U'u. ' o'q l)-r,e l
3:32 PM
47117 t22
Accrual Basis
Union Road LLC
Balance Sheet
As of December 31, 2020
Oec 3'1,20
ASSETS
Currcnl Assets
Chacking/Savioqs
Wells 2207
Total Checking/Savings
Total Cunent A$els
Flxed Assets
12400 unlon Road
12400 Holding Period
Architect
Clvil Enginesring
Demo t Repair Flat Wood Root
Domo lnterior & Eoard up
Govt Fegs. Finos & Permltting
Taxos . Property
12400 Holding Poriod - Other
Total 12400 Holding Period
,2400 Purchase Blds & Land
Total 1 2400 Union Road
Total Fixed Assota
371,571.48
371,571.48
6,172.07
6.172.07
382,830.67
::..i--
5,O87.12
5.O87.12
5,087.12
26,710.50
18,053.75
19,42A.26
16,304.24
't2,225.02
42,281 .57
40,324 25
175.327.s9
196,243.89
Other Assets
recble
Totrl Other Assets
TOTAL ASSETS
LIABILITIES & EQUIry
Equlty
Equlty.MWC Holdings
Equity -P2C3
Retained Earnings
Net lncome
Totat Equity
TOTAL LIABILITIES A EQUITY
170,108.93
170.108.92
43,251.5?
-638.75
382.830.67
382,830.67..--.-------._-
Page I
16.A.1.a
Packet Pg. 450 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Registcc 12400 Union Road:12400 Hotding
From 0l/01/2016 rh rou eh 01/ l7 /2022
Sorted by: Date, Typo, Numbcr^{e{
Date Rel Pryee Account
49t27 t20t6 Roben Massengale Wells 2207
02fi3/20t'7 Robed Massengalc Wells 2207
0Aly20l1 1005 Robert Massengalc Welts 2207
06t10t20t1 Robert Msssengale Wclls 2207
03t29/2018 Robert Masseigale Wclls 2207
04106t2018 REVERSE TRANSF... Wells 2207
04/09/20t8 Robe(Massengalc Wells2201
Union Road LLC
Memo
arch fee deposit.
PARTIAI ON
inv 2017.013
Memo:170?02
ADDITIONAI,
ADDITIONAI.r.2lt0.50
ADDITIONAL.,.
1l17/?022 2:10 PM
Dearease C lncresse Balance
5,000.00 5.000.00
r,000.00 6,000.00
5,010.00 I1.0 t0.00
r4,420.00 25.430.00
1.280.50 26-'710 50
25.430.00
1,280.50 26.1t0.50
I'age I
16.A.1.a
Packet Pg. 451 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Union Road LLC
lvlemo
7117120222131PM
Registcr: 12400 t,nion Road:12400 IJolding Pe.iod
t*rom 0 I /0 I /201 6 throu gh 07 / 17 /7022
Soned by: Datc, Typc, Number/Rcf
Date Ref. Pay.e Account Decrease C Increrse Balance
09/27 t20t6 American Engineering Wells 2207
0qD8t20t 6 Benchmark Surverrors Wells 2207
0lll r/2017 l00l Robau & Associates Wells 2207 # t452
03t20t20t't t009 Robau & Associates Wells 2207 [split]inv 1496
03t20t20t7 lo09 Robau & Associates Wells 2207 {splirl inv 1534
03120t20t7 1009 Robau & Associates Wclls 2207 lsplitl inv 1535
03120/2017 t0..,,9 Robau & Associat€s Wells 2207 [splir]inv 1536
03120/20t7 1009 Robau & Associates Wells 2207 [splir]inv 1537
05/2612011 t0t3 Msccc & Associates Wells 2207
o6B1n0t7 l0t5 Robau & Associates Wclls 2207 [split]inv# 1662
06t30t2011 t0t5 Robau & Associates Wells 2207 [split]inr# l66l
04t16/20t8 t02t Robau & Associates Wells 2207 lsplit]l6l3
04/16t20t8 t02t Robau & Associatcs Wells 2207 lsplitl 1614
041t6t2018 \021 Robau & Associatcs Wells 2207 [split]l61i
04116t20t8 t02t Robau & Associates Wells 2207 [split]188 7
04i I62018 l02l Robau & Associates Wctls 2207 [split]1924
04116/2018 t021 Robau & Associates wells 2207 lsplir]t913
05/23t2018 Robau & Associates Wells 2207 lsplil]inv 2003 recd
05/23/20t8 Robau & Associates Wells 2207 lsplitl
750.00 750.00
875.00 r,625.00
670.00 2,295.00
1.530.00 3,825.00
546.25 4.31r.25
1,760.00 6,131.25
1,860.00 7,99t.2s
805.00 8,196.25
r,200.00 9,996.25
132.50 r0,128.75
t,932.00 t7,060.15
I 42.50 12.203 .25
15.00 12,238.25
620.00 t2,858.25
16i.00 t3.023.25
47.50 13,070.75
I l?.50 13,t88.25
483.00 13,611.25
3,361.50 t7,038.?5
0941t2018 1024 Robau & Associates Wells 220?
Pagc I
inv 2004 recd
1,015.00 18,053.75
16.A.1.a
Packet Pg. 452 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
& Repair Flat Wood
Union Road l.LC 7/1712022 2:41 PM
Regist$: 12400 Union Road:12400 I-lolding
From 0l/01/2016 throuEh 07lnnO22
Sorted by: Datc, Type, Number/Rcf
Dat. Ref. Psyce Account Memo Decrease C lncrcase Bslanc€
0 l9t20t7
0tD3n0t7
0t/2412017
otn4D0t7
0l nonat1
02/0212017
02n3D011
02/t1t20t7
Wells 220?
Wells 2207
Wells 2207
Wells 2207
Wells 2207
Wells 2207
\r,l ells 2207
Wclls 2207
MWC/Mato Constru-..
MWC/Mato Constru...
MWC/Mato Coostru...
MWC/Mato Constru...
MWCMato Constru-..
homc depot
MWC/Mato Constru...
Ea(hworks Disposal
PARTIAL PA. .
BAt, RDMOV..,
disposaldunrps...
6,000.00
742.85
29.78
t 2t.08
200.13
9.200.00
2,763.00
6,000.00
6,142.85
6,772.63
1,144.05
1,265.13
7.465.26
t6,665.26
19.428.26
Pagc I
16.A.1.a
Packet Pg. 453 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Union Road LLC 1 I 11 /2022 3:22 PM
Register: 12400 Union Road:12400 Holding
From 0 | /01/2016 throu Ch 07/17 /2022
Sorted by: Dare, Type, Number/Rel
Dxte Rei Payee Memo Decrease C Incrasse Balanre
Final
l0 4t202l
0442n022
04/2212022
05120/7022
07 n3/2022
l60l13493
1040
l04l
Wclls 220?
Wells 2207
Wells 2201
Wells 2207
Wells 2207
1035 canh$/orks of naplcs -..
duane thomas demiol...
DEPOSIT M DII IN
duBne lhomas demiol,..
duano thomas demiol...
initial deposit e...
lst pymt demo ...
refund ofcanh...
2nd pymt - mo...
3rd pymt " bala...
5,000.00
4,500.00
J,000.00
9,500.00
5,222.30
t5,22230
25,858.30
4,217.70
10,000.00
10,636.00
Page I
16.A.1.a
Packet Pg. 454 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Union Road LLC 'lll7/2022 2:55 PM
Register: 12400 Union Road:12400 Holding
From 0l/01/2016 throu gh 07 /lT2O22
Sorted by: Date, Type, Number/Ref
Date Ref. P.yc.Memo Detrease C Incrcase Balance
lrterior & Board Up
09t26n0t6
09D6t2016
09126120t6
49t26t20t6
ttD2n0t6
fitJ0t20l6
lLt10t20t6
t2t02t2016
09t24t2021
Wells 2207
Wells 2207
Wells 2207
Wells 2207
Wells 2207
Wells 2207
Wells 2207
Wells 2207
Wells 2207
r 091
MWC/Mato Cobstru...
MWC/Mato Constru...
MWC/Mato Constru...
MWC/Mato Constru...
Earthworks Disposal
MWC/Mato Consrru...
MWC/Mato Constru...
MWC/Mato Constru...
online transfer to mw-..
2 DAYS DEM,.,
mullipe dumptc...
PAYED BAC,
PLYWOOD W
t,640.00
l t5.30
219.t4
t29.70
6,145.45
99t.65
5,963.00
500.00
1,650.00
1,640.00
r,7J5.30
'I,974.44
2,t04.t4
8,849.59
9.841.24
15,804.24
t6,304.24
t7,954.24
Page I
16.A.1.a
Packet Pg. 455 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Union Road LLC
Covt Fces- Fines &Permitting
Acaount Memo
7ll7/2022 3:01 PM
Register: 12400 Union Road:12400 Holding
I.rom 0l/01/2015 throu Eh 07 / 1712022
Sorted by: Date, Type, Numbcr/Rcf
Drt. R.f, P.yee Decrecse C hcr.sse Balsnce
09/26/2016
09n6tz0t6
02107/20t7
ollt3/2017
0yz1n0t1
05t23/20t1
06t09t2011
06/t2n0t7
06t30/2017
07/t3/2011
07 /27 t20t1
1t/24t201'7
04t26D018
04D6t20t8
lv28t20t8
09/25A0t9
t2/16/2019
09/2U2020
Wells 2207
Wells 2207
Wells 2207
Wclls 2207
Wells 2207
Wclls 2207
Wells 220?
Wells 2207
Wells 2207
Wells 2207
W€lls 2207
Wells 2207
Wclls 2207
Wclls 2207
Wells 220?
Wells 2207
Wells 2207
Wells 2207
MWC/lvlato Constru..-
MWC/Mato Constru...
Norm Cadoury
Grcater Naplcs Firc ...
Norm Cadoury
Board ofCounty Co...
Grcater Naples Fire ...
Greater Naples Firc ...
Board ofCounty Co...
Mato Construction
Grcster Naples Firc ...
Elite Consulting of S...
COLLIER COI.,,NTY.,,
COLLIER COIjNTY.,.
Elite Consulting of S...
Collier County BOC
Board of County Co...
COLLIER COLNTY,..
COUNI'Y FEE,.
Norm Gadoury .
CC permit fccs ..
flow test for fir. .
PERMII', RE...
VOID: civilen...
inspcct or perm..
inspect or perm..
SIP plan submi .
ariance for recl..
initial dcposit p.
10445880 00r..
fee to permit ag
fine
county fine for .
CENA 202 000
150.00
150.00
2,486.04
1,000.00
100.00
1,270.00
796.12
t.00
547.60
505.00
465.00
565.00
706.00
2,331.00
1,21r.00
1,38r.00
4,189.26
4.t89.26
4,339.26
4,489.26
6,915.34
7,915.30
8.075.30
9,345.30
10,t4t.42
t0,142.42
10,690.02
I1,195.02
11,660.02
12,225.02
706.00
1,625.00
900,00
150.00
808.26
I00lr
l0 t2
IOI I
l0 t0
I0 t6
1093
1020
X
1021
1029
l03l
Page I
16.A.1.a
Packet Pg. 456 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Clean Up &
09n4/2021
10t051202t
12t3t /2021
07/t I /2022
1033
t034
RWH202...
1042
Regist€r: 12400 Union Roadrl2400 Holding
From 0l/01/2016 rhrou dh 07117 t2022
Soncd by: Datg Type, Number/Rcf
DAtc Ref.Payee Account
jesus roass Wells 2ZOz
gulf property scrvices... Wells 2207
Eank Sen,ice Charges
gulf property services_.. Wells 2207
Road LLC
Memo
Clear Income
Decrease C Incraase
7 / l'7 12022 3:l S PM
B!lance
486
150.00
100.00
150.00
450.00
44J.14
705.l4260.00
Page I
16.A.1.a
Packet Pg. 457 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Union Road LLC
Rcgister: 12400 Union Road: I 2400 ltotdins pe.ioa(ffiilEiiF\
From 0t/0f 20t6 rhrou gh olt l7 /2022
--,:---/
Sortcd by; Date, Type. Number/Ref
D€crcsse C lncraale
836.87
9,J28.55
9,138.17
l.6i 0.17
10,682.53
t0,685.28
t0,788.14
t0,788.94
9.404.21
9.404.27
7l 17 /2022 3:14 PM
BAlance
836.81
t0,t65.42
r9,303.59
20,9t3.76
3t,596.29
42,281.s'1
53,070.51
42,281.57
51,685.84
42,281.57
Date Rcf.Payee
Collicr County Tax C.
Port of Islands Com...
Pon oflslonds Corn...
Collicr County Tax C.
Collier County Tax C.
Collier Count) 'l'ax C..
Collier County Tax C..
COI.I-IER COUN I'Y
Wells 2207
Wells 2207
Wells 2201
Wclls 2207
Wells 2207
Wells 2207
Wells 2207
I2400 Union Road: t24..
Wclis 2207
Ask My Accolntant
Memo
20t6
CID fcc lor 20...
2017 CID fee
2017 couinty tax
2018 county ta...
2019 counry ra...
2020 county to...
2021 county ta...
Reclass to Fixe...
0tfi8n0t7
0v23/20t7
n/t3n0t1
I I /24/20t7
t t/t't t20tt
l1/0w019
t2/28t2020
t2/11/2020
l2n0t202l
t2t3tn02t
r 002
1003
l0 t9
l0r8
1028
RWH202
Page I
RWI t202
16.A.1.a
Packet Pg. 458 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
Rcgisle.: 12400 Union Road:12400 Pu.chase Bldg & Land
From 0 I /0 | /20 I 6 throu gh 071 l7 12022
Sorted by: Date, Type, Number/ttef
Drt. Rel Pey.e Account
Union Road LLC
Memo
7111t2022 3:09 PM
Decrease C lraraasG B6lance
0az6t20t6 I
0426t2016 3
l2t3t/2020 RwH202
MWC Holdings
P2C3
Equiry-MwC Holdings
Equiry -P2C3
12400 t.lnion Road: 124
9r,557.t6
91.55?.15
13,t29.5'l
9t,5s7.t6
r83,114.32
196,243.89
Page l
16.A.1.a
Packet Pg. 459 Attachment: Owner Letter (23052 : BCC v. Union Road LLC)
rNsrR 5309517 oR 53L1 pc L588 RECoRDED 9/7/2Oa6 t-2;14 pM PAGES 2DUIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIOAREC $18. 50
COLLIER COUNTY CODE f,NT'ORCEMENT
CODE ENFORCEMENT BOARD
Cale No. - CEPM20160004343
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
'i:::".:?,)
Respondetra. /')
THIS CAUSE came before the Code
Fines/Liens on August 26, 2016, and the Code
appropriate nratters, hereupon issues its Findin
2. An Order was entored by the Code Enforcement Board
before June 28
thereafter u!til
oRDER oYTEEICopE ENToRCEMENT BoAR-p
J.'.
Board upon the Petitioner's Motion for Imposition
t Board, having heard argument respective to all
Order ofCode Enforcement Board, as follows
t to abate the violation on or
Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Florida
Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby oRDERED:
,2016 or a fine of $150.00 per day would be assessed.for epch day rhe violarions continue
abatement is confirmed. (A copy of the Order is recorfcd lrpR 5290. pc j46l).
3. Operational costs of$67.1I incurrcd by the County in the p.or""ution #i4f,
"url have been paid.
4. Respondcnt, having been duly noriced for the public hearing regaralng rtre CdOilty ,s Mption, was represenred
by attorney Marc Shapiro. ' .-.1 ,/
5. The violatioD has not been abated as of the date of the hearing
ORDER
A. Daily fines of $ 150.00 per day ftom June 29, 2016 to August 26, 201 6 are reduced to $2,000.00.
B. The time rcquired to complete the repairs, or demolition, inspections, and Certificat€ of
Completion/Occupancy will be extendcd to and must be completed by February 22, 2017 or q lhe of
$150.00 per dsy will begin to accrue for each day the violation remains thcreaftcr'
l.
property located at 12400 Union Road, Naples, FL
which violation(s) occurred on the
REF
16.A.1.b
Packet Pg. 460 Attachment: Lien Order (23052 : BCC v. Union Road LLC)
*** oR 5311 PG 1589 .r*
"Jffi
inspection rnay be performed to confirm compliance.
15' o* o, 5( Qr .2016 et corier county, Frorida.
NT BOAB.D
rlonrda
Kau
STATE OF FLOzuDA )
)s
COLNTY OF COLLIER)
The foregoing insaument was acknowledged fi{e
800 nve
4104
lr.or'. r '
c
XERBY ADAIIS
r MY CCt<SSlO{
'
FF
'3SI21
S N
r day of
20l6,by Robcn,/ personal
Kaufinan, Chair ofthe Code En bard ofCollier County, Florida, who is
lv known to me or who has uoed a..Florida Driver's License as identificarion
NOT
My expr!es:
EXPIRES:Juiy8, m18
Soidcd no Bdlet Nohry Seflie5
1e
obligations ofthis Order may also be obtained at this location. / \
APPEAL: Any agg eved party may appeal a final order of the Board to th" Cir"rrlgoqr ,ritt in rhirty (30) days of
Oe exec*lon oittiOrder appcaled. An appealshallnot be a hearing de novo, but 6i!tt Ui tiri,"a,o upp.tLt"'
review oftJre record created within the original hearing. It is the responsibility ofthe ag/eatilg party to obt.ain a
transcribed record ofthe hearing ftom the Clerk ofCouns. Filing an Appeal will noiiuqordatiqally sray the Board's
order. ' -, /
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correcr copy ofthis ORDER has been sent by U. S. Mail to to 12323 Union
Trust,2800 Davis Blvd., #200, Naples, FL 34104 arld a counesy copy lo Marc Shapiro. Esquire. ?20 Goodlene Road
N., Suire 304, Naples, FL 34l02thisIdayof Se.P ,2016.
II1EREBY CE
C0rltotc!'FrY Q
VU i r!, 1'-' r''/
-HL r';' ci
F ..i -'i
BY:
ENFO
COLLIER C
)=
D T E, BI]OCK,fu,tt..,
Enforc c
C, No fines shall accrue during the cxtension period.
D. If Resposdent fails to corply with this Order, the Collier County Code Enforcement Departmenr may
abate the violation using any method !o bring the violation into compliance. lfnecessary, the Counry
may request the services ofthe Collier Counry Sheriffs OIfice for the purpose ofaccessing rhe
propeny for abatement. All costs ofabatement shall be assessed against the property.
E. Respondent shall notiS the Code Enforcement lnvestigator, Steve Athey, withil 24 hours ofabatement
PAYMENT OF FINES:
Ia
,: , ,' ul , i:ri!.]
Ro;r'c il.r
16.A.1.b
Packet Pg. 461 Attachment: Lien Order (23052 : BCC v. Union Road LLC)
INsrR 5584343 oR 5531 pG 2726 RECoRDED 7/L1,/2OLB 10:58 AM PAGES 4CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDAREc $35.50
COLLI R COUNTY DE ENFORC MENT
CODE ENFORCEMENT ROARD
Case No. - CEPM20160004343
BOARD OF CO
COLLIER COU
MISSIONERS
Pctitioncr,
DA,
UNION ROAD LLC,
Respondcnt.
R
THIS CAUSE came before
Finee/Liens on June 28, 2018, and rh
maners, hereupon issucs its Findings
ys.
/
EEN MENT RT'
rh e Petitioner's Motion for Imposition
card argument respective to all appropriate
ment Board, as follows:
NES/
h
N
Respondent, having been duly noticed for the public hearing regarding rhe county's Motion, did not appear
at the public hearing, and no Iegal defense to the Motion }vas presented.
No Request for Re-hearing or Appcal pursuant to Ordinance 2007-44, as amended, has been timcly filed.
on June 23, 2016, Respondcnt rvas found guitty olviolitlfugtti., cornry code of Laws and ordinances,chapter 22, Anicle Vr, Section(s) 22-23 l( t2)(b),22-23 ttrfxD,'22-2 3 r( l2)ic) for huuirg
"
roril, airi"prii,ryindorvs and doors missing and/or brokcn; extcriol u{ll;jrr,{isrepair, which vloiationls; occune'J onthe property located at r2400 Union Roatr, Napres, FL Folig l(o...,p105i9205 r3 (Legat oesciiitun: a si iiiA PARCEL OF LAND IN THE SEI/4 AS DESC IN OR 3S:44ff2978 AND REFEi.ENCED AS PARCEL"A') J
An order was entered by the code Enforcement Board ordering RqEfd,n&nt to abare the violalion on or
before June 28, 2016 or a fine of $150.00 per day rvoutd be assisseh ior Jach aay ttre viotarions coniinue
thereaRcr until abarcment is confirmed. (A copy of rhe Order is record aLOR i290. pG 3461). On Aususr26,2016 Fine of$2000.00 (Two Thousand Dollars) rvas imposcd and an fxrenslon of Timc tr"orotu"*^
granted. (A copy ofthe Order is recorded ar OR 53 t I pc t588). .-_/.
,
Operational costs of$67.1 I incurred by the County in the prosecution of this dse-#e paid.
Code Enforcemenl Board Finc lmposed in thc amount of$2,000.0b rvere paid. ,-*)
F
2
3
4
5
6
7. The violation has not been abated as ofrhc datc ofthe hearing
,/
(
l.
16.A.1.b
Packet Pg. 462 Attachment: Lien Order (23052 : BCC v. Union Road LLC)
oR 5531 PG 2727
ORDER
^ B":.! llon the foregoing Findings-of-Fact, and pursuant ro the authority granred in chapter 162, FroridaStatutes, and Collier County Ordinance No. 2007-44, as amenaed, it is hereby OiIDERED:
A. Petitioner's Molion for Imposilion of Fines/Licns is granted.
IB. Daily fingrcf/1Sj.9O per dal lle.fsessed against the Respondents for 49 t days for the period fromFebruary23,2pfl tiq June 28, 20l8 for a lotil amount offines of$73,650.00.
flc. Respondenb shdll paylbRerationar cosrs for the Imposirion ofFinel hearing in the amount of$59.77.,//
o. T::l_"I:l: }.":rderr4lolay fines and cosrs in lhe loral amount of gzl2q22 or be subject to Notice ofAssessment ot Lien trgainsl all propenies orvned by Respondent in Collier County, Floridai
E The daily fine of$ I50.Oo+hdly'ontinue lo accrue until abatemcnt has been corfirmed bya collier CountyOflicial- //Jh
DONE AND ORDERED rhis [tI iay of Juty 20t8 at Colicr Counry, FIorida.
BO D
IDA
tr
a 34104
es hoe Drive
unty, Florida, who is
's License as identilication.
STATEOFFLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowtedged before me I
2018, by Robert Kaufman, Chair of the Code Enforcement Board
_X_ personally known to me or _ who has produced o Fl
*\w%,am
0anny Elanco
*li$lllfis,$313
Boidrdtrru lrmnNoury
on
NOTA
My commission
Any fines ordered to be paid pursuant to this Oraer may be iiii
menl, 2800 Nonh Horseshoe Drivc, Naplcs, FL 34 I04, Phone;
PAYMENT OF FINES:
Code Enforcement Deparl rle:
rvrvw.colliergov.net. Any release of lien or conllrmation of compliance or confirmation o
obligations ofthis Order may also be obtained at this location.
APPEAL: Any algrieved pany may oppeal a final order of the Board to tlie Circu it Coun within thirty (3 0) days of
lhe executionbfthe Order.appealed. . An irppeal shall nor be a lrearing de novo, but shall be limited to appellate
review ofthe record creal-ed qilhin the original hearing. lt is the responsibility ofthc appealing pany to obtain a
transcribed record ofthdhearing from the Clirk ofCouns. Filingan Appeal will not aulomatically stay the Board's
Order.
E ENFORC
/ ./
,/
16.A.1.b
Packet Pg. 463 Attachment: Lien Order (23052 : BCC v. Union Road LLC)
oR 5531 PG 2728
i.'
:.ihll
-.r.c {r; i,ufl\r!
Counly o, COLUER
, HEREBY
ad
Cour{,
orf!)
lhis
t/;,O
)
I
.r4
n ,2,.
,/ < ,,
. \'./ .i
2 ,/t ')
.J
16.A.1.b
Packet Pg. 464 Attachment: Lien Order (23052 : BCC v. Union Road LLC)
*{* oR 5531 PG 2729 *+*
CERTI FICATE OF SIiRVICE
has been sent by U, S. Mail to Union RoadI HEREBY CERTIFY that a rrue and corecr copy ofthis ORDER
LLC at 4620 8'r' ST NE, Naples, FL34t2O this lb diy ofJuty20ls.
'b;.
//)
!r
(,)J r..,/ J,/
',/*
_r, ( .,.
l-' ,t/ I,,.//.\,/ .'
r'/. /),
.r/ i
ai /)
16.A.1.b
Packet Pg. 465 Attachment: Lien Order (23052 : BCC v. Union Road LLC)
16.A.1.c
Packet Pg. 466 Attachment: release (23052 : BCC v. Union Road LLC)
UNION ROAD LLC
cEPM20160004343
12400 Union Rd Naples, FL34ll4
Folio # 01058920513
Violation abated: CO 7/612022
Fines accrued after IOF:
Order Items: $150/day for 1469 days (6129/18 to 7/6122): $220,350.00
Total Fines Owed: $294,059.77
Deed recorded on9/2/16, same owner since lien was imposed
Fines for Ownerz $29!W3- [$150/day fine x 1960 days (February 23,2017 - luly 6,2022),
+ $59.77 operational costs]
Violation: Roof in disrepair, windows and doors missing and/or broken; exterior walls in
disrepair
12323 Union Trust:
FOF Order OR 5290/PG 3461 recorded on7/6/16
Operational Costs: $67.11 paid by Premier Property MgmtT/26/16
Order OR 531 1 PG 1588 recorded on 917/16
Fine reduced to $2000, time to CO extended to February 22,2017,or a fine of
$ I 50/day will begin to accrue.
$2000 fine paid by H & H Property Mgmt (Henke) on 8/29/16
Union Road LLC: deed recorded 912116
Continuance OR 5456 PG 1378 recorded on l218/17
Continuance granted until May 16, 201 8, fines continue to accrue
IOF Order OR 553I/PG 2726 recorded on7/ll/18
Order Items: $ I 50/day fi ne x 491 days (2123/ t7 - 6128/ t8) : $73.650.00, plus
operational costs of $59.77
Total IOF: $73,709.77 fines continued to accrue until abatement
Offer: $29,500 ($29,440.23 fine + $59.77 operational costs)
ACCRUED VALUE: $294.059.77
PAYMENT OF: $29.500.00
TOTAL FINES TO BE WAIVED: $264.559.77
Collier County
Growth Management Division
2800 Horseshoe Drive N
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / overage:
Contact:
cashier Name:
Batch Number:
Entered By:
20229955t7
2022-076587
08/ou2022
$73,709.77
Pavment Method
Check
$29.s00.00
$0.00
UNION ROAD LLC
4620 8th AVE NE
Naples, FL 34120
Vanessa.McHenry
L1239
DannyBlanco
Amount Paid
$29,500.00
Check Number
1043
GL Account
FEE DETAILS:
Fee Description Reference Number
Code Enforcement Board
Operational Costs (CEB)
cEPM20160004343
cEPM20160004343
Original
Fee
$7 3,6 50,00
$s9.77
Amount
Paid
$29,44O.23
$59.77
111- 138911-354400
1 1 1- 138911-354400
7 111 122 . 2.25 PM Collier County Property Appraiser
Collier County property Appraiser
It
ProP€rty summaTy Property O€t,r;l
Parc.l No 010589205'13
Sirc 12:ltx)
Addr.sr UNION
'Dii.laimer RD
5it. City NAPLES
Uillagr.lalera,c.l(ulations
School OlhGr Tor.t
4.889 8.8684 t?.7571
I 115,479
$ 1.000
t 117,179
1117,179
t 117.479
4111,179
Naln€ / Add.ess UNIoN ROAD LLC
,1520 8TH ST NE
O.t!
oa/26/16
oa/26/16
Book'P!9€
53r0-lss3 t l80,oq)
7D(X
Str.p No.
rxx)too 007 t TDoa
S€<tlon
Ullhg. ar.a a 219
Sub./Condo l0O - ACREAGE HEADER
Clty NAPLES
Ure codeC 7 - Mir..llarlour R6idenriat
Latest Sales History
Privacy Policy
5310-1551
o9to3/15 521L?l09
t0
t 75,000
01tozlog
o7 /11/05
2021 Certified Tax Roll
lsgbiftr ro ch..g.)
S(hool Taxabh V.lu€4844-2977
to
lo
(+)
(.)
G)
{.)
(")
https://www.collierappraaser.com 1t1
.*, i.??*r'ntlSlTioo[.HllR.!N rHE sEr/4 as oEsc rN oR 3844 PG 2e78 AND
Property Information
Plrcrl No.1058920513
Addr?rr(c!)12400 Union RD, l,laplca. Commrrcial
T
Property Owncr UNION ROAO LLC, Addrrss:4620 8TH ST
MARANDo, DoMINIc, Addrc5r:25365 S
MARANDO, DOMINIC, Addrcr5r26355 S
12323 UNION TRUST TRUSI Addrcrrr2E
llNlnN Ol/.\A11 I r a lie.-...44rlr IYH cr
Hrttoric Owner
Hr5tonc Owner
Hrstonc Owner
Vre',r'A,t/:! !n thrs P.coa"tY Op.n Al.rB | 0 Add . nlw e!l!-q.O or buJrnc5s to Addrcsr Book
Fees
Show t{G All r.lltrd fres (Propcrty)
Paynrents
&rEunt
s294,A59.7 7
13652 20 r 6 338915 550.{
05/27/20L6
201.6-045553 07/26120t6
Rcfrc:h
FeI
Quantity l1.oo Entarcd By
Fcc PardT
LEGACY: X.rry Adams
Fee Payabla?
s 67 .1 111-138911-35440 Check
D.tc Oue
Datc Ent!rcd
1
&rDust Pard
cEPM201600043{3
cEPM2q16000.1343
C E P il2 0160 00 4 3,t 3
c8PM20150004343
cENA20190009621
cEl'rA2019q009621
c-,ENA20190013205
cENA20190013:05
c8NA20200006s11
cENA20209006511
c ENA20200006511
PL20160003255
P120160003255
3 9?rl]
5 2,000.00
"I 73.650.00 .
$ 59.77 ,
t 220,350.00
_
..l 190:00 -
$ 40s.00_
$ 100.00.
3 355.00
_
$ l?0.90 .
$ 35s.00
$ 100.00 .
I 500.00 ,
t 11990.99.
t 150.00
3 0.00
I il'}1
12,000.00
s 9.00
3 0.00
3 0.00
l 190:90
$ 405.00
$ 100.00
J 365.00
3100.00
l:61:oo
t 100.00
3 500.00
i lrgoo:90
t 150.00
3 0.00
09/24120L9
ogl24/20t9
L2/ 12! 20tg
r2./ L2/ 2Drg
og/22t2020
09/2?/2020
oE/22!2i20
t2/oi/20ia
a7 /05/2A17
oi toet zolt
Codr EnforccmcntBorrd
NA admi; (3roo)
Lot i{owing
tlA Admir (t100)
Lot Mowing
Iru ldmin ($r.oo)
:iot llowino
' f,rl t.n la-in
Prc-.pplic!tion Mceting
. Srtc tmprovcmcnt elan
FirE Codc Rcvicw- Srtc Improv!m?nt Phn
Utrlrty Rrvlcw F?a
.07126120t6
aat29/2016
Opcr.tion.l CosB (CEB)
Codr Enforccment Bo6rd
dodc Enforccmcnt Board
Opcrational Costs (CEB)
P1201i0003255
p12016000325s
s 12,318.19
Araunl Che.k t Bntch;T Datc Pdd
paid By / To lpneuter pnoprnrv MANAGEMET{I, Addrcss:2800 Davis Blvd, Lacensce ! LcB20t000o03B4
Amount OYring / Amount Prid
Dcrcription 725116 prym"nt rec.iv.d - ch6ck !13652 mc
Pavrr,enl Metlad
cEFM20150004313
rNsrR 5308520 0R 531
OW:IGHT E. BROCK, CLER
Doc@.70 $1,260.00 RE
coNs $180,000.00
0
KOc$
PG 1553 RECoRDED 9/2/2OL6 3:20 pM pAGEs 2F THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
1-8 . 50
Prrparcd by and Retum to;
Marc L. ShapirD, P.A.
720 Goodlcttc Road Norrh, Suitc 3(M
Naples, Florida 34102
File Number: RE-lG0l62
Parc€l ID No: 0105t920500
Consideration: $l E0,000.00
/,/ / ) TRUSTEE'SDEEI)'//
THIS II\DEMURE, rrrui'" fQrg 26,2016, by and between Gordon Henke, Individuatly and es Trustee of tbe
12323 Union Trust a duly orgaroZed Florida Land Trusl dated 09103/2016, herein after referred lo as Grsnror, whose
mailing addrcss is: 2800 Davis Blu!-&U\, Naples, Florida 14104 and Union Roed, LLC, s Florida linited lirbitity
company hereinafter refened to a/Crantee, whose post omce address is: 4620 8th St NE, Naples, Florida 34120.
(whercYer us€d the lerms "C.-tor'
.anO- "6lee" -shall include singular and plural, heirs, lcgal reprcscntatives, and assigns of
individuals, and thc successors and assigns ofpbrporation, wher€ver the coltext so admits or rcquiris.)
WITNESSETH I '1
That.thc Grdntor, pursuart to the pow€y { altfrorrtfqgrEd by the terms and provisions of the aforesaid Trusr Agrcmcnr, and in
considcration ofthe sum ofTcn and no/I00 Dollan and2tfter4ood and valuable considerdtion to Granror in hand paiJ by Graatee, the
receipt whercof is hereby acknowledgcd has graDted, bar8dined, lnd sold to the Crantee the following described land, iituated, lying
and b€ing in Collier County, Florida, to wit: I '' ,/.A Parcel of lend loceted itr tbe southcasr ll(of V&ipt 4, Township s2 south, Rrnge 2g East,
Collier Couoty, Floridr, being more penicularly ldcribed rs follows:
PrrcelA: ' 'i .
Comm€trc€ rt the Southerst corner of Section 4, Town(6ip 52 South, Range 28 East, Collier County
Florida; thence run North 0(P 20' 13" Erst, sloDg rhe E;rid6 of ahe So;rheast l/4 ofsaid Section
4' for r distance of 733.79 feel to the Point of Beginnird ol4te farcel of land herein described;
theDce continu€ North 0()o 20' 13" Erst, olong the Easl line of!!#outheast l/4 of sairl Sectioo 4, for
a distence of 655.82 feet; thence run North 8y 39' 41" Wesg for a distance of 131.28 f€et to a point
on tbe East line ofa services road easement, as recorded in officifReforas Book 1567, page 15s6,
of tbe Public Records of Collier County, Florida; thence run Soul! dOl QS' SS', West, along said
service mad ersement' for a distance of 1149.47 le*:t lo tbe beginning qfi rdpgentiel circular curve,
coocrve Nortbw€sterly; ahenc€ rutr SouthwBterly, along said service lqryy'easemcDt aDd rlong the
arc of srid cuwe to the righ! having a radius of 65.fi) feet through a ceEtrdt rygel of 90" fi|, 00,',
subtended by a chord of 91.92 feet .t I bearing of south 45005' 55" west, fo/a listance of 102.10
feet to th€ €nd of said curve; thence ruD North 89o 54r 05" West, elong said servtce road easement,
for a distance of95.94 fe€t to a poinl on atr entrance rord easement, es recordrld in Official Records
Book 1567, Poges 1554 through 1555, of the Public Records of Collier County, Florida, the same
being the beginning of a tangentiel circular curve, concaye Southeasterly, thetrce run
Southw€sterly, along said entrance rord easement rnd slotrg the arc ofsrid curve lo th€ Ieft, having
e radius of 60.1X) feet, tbrough s centrsl sngle of89o 19' 54", subtended by & chord ofE436 feet at a
bearing of South 45o 25' 58" West, for r distrnce of 93.55 feel to the end of said curve; thetrce rutr
South fi)o 46' 01" Wcst, along said entrarce road ersemert, for a dislance of 81.13 feet; thence
departing said entrance road easement, ru1r South 89o 39' 47" Esst, for a distatrce of 350.44 feet to
the Point of B€inning, More or Le$.
Parccl ID Number: 0t05E920513
Signed, sealed and
w ame Printed
tness
C
Neithcr thc Trustc€ lrmcd herein, nor th€ spoue thereof or rnyone for whosc support they are relporulblc rcaidc on or
sdjsccnt to thc propcrty hcr€in dcscrlbcd rnd is not lhercfore their homcstcrd propcrty.
Subjed to covenants, rEstrictions easements ofrccord and taxes for the curent year.
Together with all tenernents, hercditamcn6 and apputcnances therrunto bclonging or in anywise appertaining TO [{AVE AND TO
HOLD the same in fee simple forever AND Grantor hereby covenants to and with said Grantce that Grantor is the duly appointe4
qualified, and acting Trustee unger the aforesaid Trust Agreement, and in alt things preliminary to and in and about the sale and
conveyancc ofolc proPcrtY d;fcfb{ herein, the terms, conditions and provisions ofthe aforesaid Trust A$rement and the laws ofthe
St8tc of Florida have bcen l'olloyd'and complicd with in all aspects, 8nd that th€ undersigncd Gmntor hEs the full powcr ard authority
to execute this dccd for thc uie6fnuiryses hercin exprcssed; and thal said land is free of all cncumbrancts.
'/...-.,
In Witness wherrof, the Grantor lx(gded and sealed this deed the date above written.
Go ke, Individually and rs Trmtee ofthe
t23 n Trust dated 09/032015
I
's,)',/)
Witfe-si Name Printed U
State ofFlorlds
County ofCollicr
THE FOREGOING instrument was swom to, subscribed and acknowled
Henkg ltrdividuslly lrd as Trustee of the 12323 Union Trust drted
Notary Seal
My Cornmission Expircs
Gordon
OR'to
i#trat Ado s-., FblSa
cdl.gttul
*r Cctta-l rt ESriltr orytrnoao
++* oR 5310 PG 1554 **r
(
havlnve produccd _ as identification and who
7hgl22, 4112 PM Detail by Entity Name
DrvrsroN or CoRPoRArroas
/r/
2/v /:zbr9
OrpAdflsdgtslcjg / O,vlsion ot corcglaliA!! / Search Records / Soarch by_Ed!!y_N!sr /
Detailby Entity Name
Florida Limited Liability Company
UNION ROAD, LLC
Filing lnformation
Document Number 116000156284
FEUEIN Number 81-3757406
Date Filed 0gl'19120'16
Effective Date 0O11912016
State FL
Status ACTIVE
Principallk dlegs
4620 8TH AVE NE
NAPLES, FL 34120
Malllng Address
661 south collier blvd
marco island, FL 34145
Changed: 02105120'18
Eegistered Agent Name & Address
MARC F OATES PA
5515 BRYSON DRIVE
SUITE 502
NAPLES, FL 34109
Authorlzed Person(g) Detail
Name & Address
TitIE MGR
WELSBY MICHAEL
4620 8TH AVE NE
NAPLES, FL 34120
'l'itle manager
tateo, paul
661 south collier blvd
marco, FL 34145
Annual Repds
https://search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=UNIONRO 112
7119n2.4112 PM Oetail by Entity Name
Report Year
2020
2021
2022
Flled Date
02t16t2020
0310312021
01t2012022
Document lmagg!
O1/20/2022 . ANNUAL R€PORT
O3/O3I2O2' .- ANNUAL REPORT
O2l1612020 - ANNUAL REPORT
O2M20l9 -ANNUA- REPORT
020512018 -- ANNUAL REPOqJ
O2IO2I2017 ,. ANNUAL REPORT
08/19/2016 - Flonda Lrmited Liability
View irlago in PDF lormal
Vlew inrage rn PDF fornrar
Vlew imag6 in PDF tormal
View image in PDF tormal
Vlew image in PDF formal
Vio!! image in PDF lormat
VrBw rnrag€ rn PDF fo,lnal
?12https://search.sunbiz.org/tnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntjtyName&directionType=lnitial&searchNameOrder=UNIONRO
COI,LII]R CoLiN'I'Y. Ft,ORIDA
CODE ENFORCEMT:N'T ROARD
cEB CASE NO. CEPM20160004341
COLLIER COUNTY
BOARD OF COUNTY (IOMMISSIONERS. I'elitioner
UNION ROAD LLC, Defendant(s)
..rFarnAt'rT ()!' ColrPr.rA\CF
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undcnigncd authority. personally appcarcd Stcphen Athey, Codc I-lnforcemcnt Official for thc
Code Enforcement Board ofCollier County, who aftcr bcing fully swom, deposcs and says:
l. That on June 23. 2016, thc Code Enforcemcnt Board held a hcaring and issucd an Ordcr in thc abovc-stylcd
mattcr and statcd that Dctcndant(s) was to abate all violations as stalcd in thc Ordcr recorded in thc public
records of Collier County, Florida in OR Book 5290-PC-3461, cr. scq.
2. -fhat the respondent did contact thc invcstigator
-j. 'fhat a re-inspection was pcrformcd on July 6th,2022
4. l'hat the re-inspection(s) rcvcalcd that thc corrective action ordcred by thc Codc Enforcctncnt Board was in
ctrmpliancc by abating the vrolatlons.
FURTHER AFFIANT SAYETH NOT
DATED this l2th day of luly. 2022
COLLIER C'OUNTY. FLORIDA
(.()D8 ENT]1-UOARI)
s Athey
Codc Enforccmcnt Otlicial
STATE OF FLORIDA
COUNTY OII COLLIER
Swom to (or afllrmed) and subscribed before nre by mcans ofJphysical presencc or onlinc notarization.
rhis E, day of lS-&4 , 20!by Stephen Athey
(Signarure of otary Public)
(Print/TypdStamp Commissioned Nanre of Notary Public)
Personally known J
iw;
HELEN BUCHILTOI{
Cornmirsionf liH 105t19
Exrrll! l'!ny 15,2025
ft/r, ltr u UuU9.t l5!ry S.{rr-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CERTIFICATE OF COMPLETION
This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of
issuance this structute was in compliance with the various ordinances of the county regulating-buiiding construction or
use. For the following:
PERMIT NBR: PRDM2022041806401 CONRR: STATUS: Finated
COTYPE: COMP ISSUFn DATE: July 06,2022
AnDRFSS: l24oo Unron RD, Nspres
SURNIVISION:
I.OT: Bl .OCK: T_R.S.:
SI UCCODF: UTILTTY COMPANY:
JOR DFSC: demo and haul structure and slab
12400 Union RD, Naples, Commercial NUMRF,R OF METFRS:
OWNER: UNION ROAD LLC
I EGAL DESCRIPTION
4 52 28 A PARCEL OF LAND IN
THE SEI/4 AS DESC IN OR 3844
PG 2978 AND REFERENCED AS
PARCEL'A'
Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to
the building or property described. A new certificate voids any certificate or prior date.
rNsrR 5584343 oR 5531 pc 2726 RECoRDED 7/LL/2OLB 10:58 AM pAGEs 4CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDAREc $35.50
COLLI ER COUNTY CODE ENFO RCEMENT
CODE ENFORCEMENT ROARD
Case No. - CEPM20r60004343
BOARD OF CO
COLLIER CO
Petitioncr,
vs.
MISSIONERS
)
D RO
THIS CAUSE came before the Code
Fines/Liens on June 28,20I8, and the Code Enforce Bo\d,
RCEM BOART)
FIN IIiNS
Board upon the Petitioner's Motion for Imposition
having hcard argument respective to ;ll apprcpriate
I
ment Board, as follows:
On June 23, 2016, Rcspondcnt \yas fou
Chapter22, Anicle VI, Scction(s) 22-23
windorys and doors missing and/or b
a,
nd guilty of,viotiii lier County Code ofLaws and Ordinances,
t(12)(b),22-23
rokeni cxtcrio
(t),-231(12)(c) for having a roofin dbrepair,
srepair, which violation(s) occurred on
58920513 (Legal Description: 4 52 28othe property located at 12400 Union Road, Naples, FL
A PARCEL OF LAND IN THE SEI/4 AS DESC IN O"A)
2' An-order was entered by the code.Enforcement Board ordering RgEFbn+nt to abate the violation on orbefore June 28, 20r6 or a fine of$150.00 per day rvourd b" assJrsel for /ach day the viorarions coniin;;thereafter unril abatement is confirmed. iA iopy of the order i, r."ora.d up-n'5260:'i;C i;il;ilil;r;26,2016-Fine of$2000.00 (Two Thousand Dorars) rvas imposed anJ an fxte"r,l"^ dr ri." i"'.".pry "*^
granted. (A copy ofthe Order is recorded at OR 53 i I pc t5'88). :.__7 ; .
,3' operational costsof$67.I incuned bythe county in the prosecution of rhis dse-lre Daid.f4. Code Enforcement Board Finc lmposed in the amount of $2,000.0b rvere paid . .,,- --'
5 Respondent, having been duty noriced for rhe pubric hearing regarding the county,s Motion, did not appearat (he public he.ring, and no Iegal defense to tire Motion ruis pr-esente"d.
6 No Request for Re'hearing or Appeal pursuant to ordinance 2oo7-44, as amended, has becn timery filed.
7. The violation has not been abated as ofthe date ofthe hearing.
R3 4 8 AND REFERENCED AS PARCEL
UNION ROAD LLC,
Respondent,
mafters, hereupon issues its Findings ofFact and
4
.)
ORDF,R
- B1"! lryn lhE foregoing Findings^o-f Facl, and pursuant !o the authority granled in chapter 162, FloridaStatutcs, and Collicr County Ordinance No. 2OO7<q, as amendcd, ir is hereby OiDERED:
A. Pctitioner's Molion for Imposition ofFines/Licns is grantcd.
IB' Daily fingaf/r5j.o0 per day are.assesscd against rhe Respondents for49r days forthe period fromFebrunry23,2*1 t:iu June 28,20t8 for a lot;l amounr of fines of $Zf,6SO.OO.
c. Respondenb sh(t payr,Lq..tionar
"osts
for the rmposir ion of Finei hearing in the amount ofs59.77.-J 'D'
-R::!ondenls T.e ordegdlqlay fincs and cosrs in lhe rotar amount ofs73.709.77 orbe subject to Noricc ofAssessmenr of Lien i'gainsr ar propenies orvned by Respondent in co'iiiei-6iiiy, ntoridai
E The daily fine of$ I5o.o0+hflly'ontinue to accrue until abatement has been confirmed by a collier Countyorliciar' / ,^rnDONE AND ORDERED rhi. q iay of Juty 20t8 ar Co[icr County, Ftorida.
The foregoing instrument rvas acknowledged before me t
2018, by Roben Kaufman, Chai r ofthe Code Enforcement BoardX_ personally known to me or who has produced a Flo
NT BO D
TY IDA
tr
34104
Ju
oe Drive
nty, Florida, who is
's License as identification.
T *
0anny Blanco
commhslon , 8984545
Exolas: APrll2t' 2020
Eoiddthru&onNohry NOTA
My commission
:+I++I=+p+. AII t:1e^yger!d ro be paid pursuanr ro this order may be fridLooe Entorcement Depanmcnt, 2800 North Horseshoc Drivc, Naplcs, FL 34104;pho;et (wrvw.colliergov.net, Any rclcase of lien or confirmation ofcompfiance or conlirmation ofobligations ofthis Ordcr may also be obrained at this location.
Jgcotli", corn,y
239)252-2440, Websilc:
0;lzsatfSlEc t ion ofthe
APPEAL: Any aggrievcd pany may oppeal afinal order of the Board to ttie circu ir coun wirhin thiny (30) days ofthe execu-tion'of the order.eppealed. . An irppear_shart not be a r,"orin! Jnouo, urr snarr ue rimireaio ippeiiate''rcview.ofthe record-crear'ed withiri rhe originar hearing. tt rs ttr" resp"oniiuitity of thc apraiin;;r.;;;;i;;"transcribed record ofthe hearing from the cltrk ofco-urts. Fiting a; App;al *irr *t urlioroiiiuirv J,ry ,rr"ii"*atOrder.
E ENFOR
oR 5531, PG 2727
STATEOFFLORIDA )
)SS:couNTY oF COLLTER)
oR 5531 Pc 2728
,, l. -/ '........
/)
.t,nd,
-,r'
!.r.E 0; i.ur?J,
Co.,nty of COLUER
IHEREBY
/a
)
,a----
ilrl"
*** oR 5531 PG 2729 ***
CERTlFICATE OF SERVICE
I HEREBY CERTIFY rhat a true and corecr copy of this ORDER has
LLC ar 4620 86 ST NE, Naptes, FL3ano rhis lb diy ofJuty 20t8.
been sent by U. S. Mail ro Union Road
"/i)
()
-,_/'..
,/'
(.)
J
./. )--J>
I
-.)
)(.-/ ).t-J/' .r/ t.,/
,,/,/ a r,/
,.,/.
\
:.)
INSTR 5480870 oR 5456 pG 1378 RECoRDED 1,2/B/2O17 12:43 pM pAGEs 2DV{ICHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREc $18.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARI)
Case No. - CEPM20r60004343
BOARD OF COUNTYpOMMTSSTONERS
coLLrER coul}y,f LoRrDA,-,.
Petltloner. // -.()
vs.J,
)TINION ROAD LLC,
Respondent.
Respondent
VI, Sections
STATEOFFLORIDA )
Roofltr disrepslr, wlndows atrd doors m i""in{.rdr{Sfo*"D; exterlor walls ln dlsrcpsir.
opann / .' .')
Based upon the foregoing, and pusuant to the authority gr#tedfn Ciapter 162, Florida Statutes, and
Collier County Ordinsncc No. 07{4, as amended, it is hereby ORDERED),/
A The Respondent's Motion for Continudnce ofthis case is Gp.ANTED/rilil )4ayl6,20lg.
C
is charged with violation of Code
22-23t (t2)<B\,22-231 (12X0 and Ul?(c)in the following paniculars:
BOARD ,,/-----.J
FLO
B, All parties shall be re-noticed for the subsequent hearing date. -)
C, Fines shall accrue during the Continuance period.
t-)
DoNE AND oRDEnro ttr, 3 Dllry of November, 201 t at colier CitlVi?rnt.
cor.NTY OF COLLTER)
)SS:
Nap FI
nve
THIS CAUSE came before the
FineVliens on November 17, 2017, and the
appropriate matte$, hercupon issues its
Board upon the Petitioner's Motion for Imposition
Board, having heard ugumenl respectiye to all
Order ofCode Enforcement Board, as follows:
ofLaws and Ordinances, Chapter 22, Article
*** oR 5456 PG 1379 ***
I HEREBY CERTIFY thAt A
LLC, 4620 8o ST NE Naples, FL 3
N
My commissioo cxpircs:--
The foregoing instrument was acknow
2017, by Rob;rt Kaurnu,, q,ai, or trjt::: 8",?":tr*i'"#u[ilil"JliJ;."n*, **
-x-
perEonally known to me or
-
who has produced a Florida Driver,s License as identi
ts
fication.
'...i,-ffi=ffi--ffi
bcen sent by U. S. Mail to Union Road
Official
)
1\
%
State of Florida
Counly of COLLIER
I HEREBY CERTIFY THAT this iS A tTU€ ANd
correcl coov o{ a document on file in
Board Mrnuies aod Records o{ Collier County
SS ny.h ftd offrcial seal this
dTD,F q!aond
CLEfiK OF.COURTS
I
of
llr,li
Enforcement
www.colliergov.net,
obligations ofthis
fines ordered to bc paid pursuant to this Order may be paid st the Collier County Code
Nonh Horeshoe Drive, Naples, FL 34104.Phone: (239) 252-2440, Websitelof lien or confirmation of compliance or confirmation of tho satisfaction of the
be obtained at this location.
AIPEAL: Any aggrieved appeal a final order ofthe Board to the Circuit Court within thirty (30) days ofthe execution ofthe order An appeal shall not be a hearing de novo, but shall be limited to appellatercyiew of the record created within the hearing. Ir is the respomibility of the appealing party to obtain Itlauscribed record of the Clerk ofCourts. Filing an Appeal will not automatically stay the Board's
Order.
(.)
.)
!t l
(..r')-J>
I
DWIGHTE.
MS. BRAUGHMAN: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MR. MUCHA: And we definitel y understand her financi
pr
to
ed\ament, and we'll
tha\ime, you know,
keep in touch with her. And when it ts close
we'll kind of see where she's at,we can ask
for mot'e time.
CHAIRMAN KAUFMAN: Okay. Great. O k
any motro n from the Board?
MR.ASHTON: Motion to acce pt the sti atron
MS. ELROD: Second.
CHAIRMAN KAUFMAN: We hav a motion and a second. All
those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFM Aye
MR. LEFEBVRE: Ay
Do we have
as written.
e
MR. ASHTON: Ay
MS. ELROD: Ay
e
CHAIRMAN
(No response.)
CHAI
Okay.
MR.HA: Thankyou.
C
far as w t you need to provide.
: Opposed?
UFMAN:carries unanimously
KAUFMAN: They'Il ta you out in the hall as
e
MS. ADAMS: Okay. The next case that we have someone
present is from Old Business, Letter A, Motion for Imposition of
Fines/Liens. It's Item 642, Case CEPM20160004343,Union Road,
LLC.
(The speakers were duly sworn and indicated in the affirmative.)
Page 29
',lrr Cool.
November 17,2017
-q{-ra-r__-
.)
November 17,2017
CHAIRMAN KAUFMAN: Could you state your name on the
microphone, for the record.
MR. TATEO: Paul Tateo here on behalf of Union Road, LLC.
CHAIRMAN KAUFMAN: Okay. You're a principal or --
MR. TATEO: Yes. One of my companies is a principal in that
company.
CHAIRMAN KAUFMAN: Okay. As I am reading, this goes
back to June 2016.
MR. TATEO: It's ancient.
CHAIRMAN KAUFMAN: Do you want to do the presentation,
Joe?
MR. MUCHA: Yes, sir. For the record, Joe Mucha, Collier
County Code Enforcement.
This is dealing with violation of Collier County Code of Laws
and Ordinances, Chapter 22, Article VI, Sections 22-231(l2Xb),
22-23 | (r2)(i) and 22-23 I ( I 2)(c).
Location: 12400 Union Road; Folio No. 01058920513.
Description is a roof in disrepair, windows and doors missing
and/or broken, and exterior walls in disrepair.
Past orders: On June 23rd,2016, the Code Enforcement Board
issued a findings of fact, conclusion of law and order. Respondent was
found in violation ofthe referenced ordinances and ordered to correct
the violation. See the attached order of the board, OR5290, Page 3461,
for more information.
On August 26th,2016, the Code Enforcement Board imposed the
fine and granted an extension of time. See the attached order of the
board, OR53 I 1, Page 1588, for more information.
The violation has not been abated as of November 17th,2017.
Fines and costs to date are as follows: Fines have accrued at a
rate of $150 per day for the period from February 23rd,201'7,to
November 17,2017,268 days, for a total fine amount of $40,200.
Page 30
November 17,2017
Fines continue to accrue.
Previously assessed operational costs and fines assessed of
52,067.11 have been paid. Operational costs for today's hearing,
$s9.63.
Total amount: $40,259.63.
CHAIRMAN KAUFMAN: Okay. The $2,067.11, was that paid
to secure the building? It's just a strange thing to --
MR. MUCHA: I think it was --
MR. TATEO: It was not.
MR. MUCHA: -- a civil fine.
CHAIRMAN KAUFMAN: Okay. Okay. Sir?
MR. TATEO: Thank you.
CHAIRMAN KAUFMAN: You're here to request something?
MR. TATEO: I'm here to just go over a couple of details.
Union Road bought this property after the original citation. He
had bought it in mid August of 2'16, and that fine, the $2,000 fine
you're referring to, was paid at the closing of purchase by Union Road,
LLC.
This fine and the issue related to this property -- this is a 1966
structure that was related to one of the two Port of the Island hotels.
My client bought just the structure, not the main hotel which the
county since gated or put fencing around. But, in any case, my client
bought this property in August of 2'16. I'm now apart of that client.
I'm unaware if there were any stipulated settlements. We were aware
that there was a code citation.
Union Road bought -- applied for a notice of commencement or
had a contractor start boarding this property in October of 2'16 in order
to address the code issues. The property was boarded as far as all of
the openings; however, we took a couple of months to get that
boarding permit, which we did in October, because we were trying to
decide whether we should just tear this down and start fresh with this
Page 3l
November 17,2017
three-acre parcel building or not. We decided we'd rather do the
restoration.
We had a pre-application meeting with the county and our civil
engineer, Robau & Associates, prior to November 30th, because our
intentions were to go get the civil, get the architectural plans done,
submit for permits, and do renovations.
We had hoped to have those plans done by the first quarter of
2017 and submit. We applied for a demo permit in early 2017 aspart
of the restoration effort, and during that demo permit, we removed the
boarding from the windows, we took all the comices and the decrepit
roof pieces, other than the roof deck itself, off of the building, took out
all the windows on the building, took the doors off of the building. So
what you have today is just an open-air shell.
The walls are up. The floor slab's up. The roof deck's up.
There's nothing else in that building anymore. There's no walls.
There's no bathrooms. There's no wiring. There's no plumbing.
Anyway, all that was preparation for the restoration.
The shell remains. We took care of what -- at least from our
perspective, removed some of what the original concerns were in the
original citation, which were dangerous and damaged things. The
building is still there. It's still open.
In any case, the civil engineer submitted -- we finished the civil
and architectural plans in the first quarter of -- excuse me -- early
second quarter of 2017 . The civil submitted their plans on the 5th July
in the county.
As of November l7th, the plans have not been approved. The
Greater Naples Fire Department and the community Improvement
District for Port of the Islands are still arguing for the last four months
about what our source of water will be for the fire sprinkler system
inside the building. community Improvement District insists that we
use recycled, and Greater Naples Fire Department insists that we use
Page 32
potable water.
So we're unable to move forward on the completion of the work
we want to do until that's resolved. It's really secondary to the code
thing, but I want you to understand it's not that we don't intend to finish
the project and that we're ignoring it. We're a little frushated on that
part of it.
The property is open, so it's not boarded currently. We think it's a
safer situation than it previously was. If the Code Enforcement Board
feels that we should -- fines aside, if we should re-board the windows
and the openings, we'll be happy to do that until we get the permits on
hand.
But we pulled them off thinking we'd have permits for building,
civil site approval, and be able to do the restoration work much sooner
than we have.
CHAIRMAN KAUFMAN: You know, I remember this case
from way back when --
MR. TATEO: It's an ancient one.
CHAIRMAN KAUFMAN: -- where this properry was purchased
by, I think it was, two realtors who were going to do some work on it.
They had a problem with parties being held in the location, with the
pool being a problem there, which I think that was --
MR. TATEO: Robert, may I add something?
MS. NICOLA: I think this is a different house. I think this is the
one that was the building next to the party house.
CHAIRMAN KAUFMAN: Next to the one.
MR. TATEO: This is an important distinction because there were
two -- I don't know if they were real estate guys or --
MS. NICOLA: Yeah.
MR. TATEO: -- they're definitely investors that buy regularly.
They bought these properties at an auction, and it included the old port
of the Island motel and the one that's subject to today's hearing, which
Page 33
November 17,2017
November 17,2017
was a dormitory building with 32 hotel rooms in it, which is what
Union Road -- what we subsequently bought.
The two speculators sold us the little dorm building. We paid
them for that. That's what paid -- resulted in the $2,000-odd fine being
paid at our closing; however, the main hotel building, they couldn't flip
that to anybody. They couldn't get relief from the Community
Improvement District for the fines, so they theft it alone. The county
now owns it. You've put a fence around it, okay. But we're not related
to that project.
CHAIRMAN KAUFMAN: Okay. What I recall on this
particular building is that the person who was boarding it up had
offered to buy it. That was part of the case that we heard at that time.
MR. TATEO: Correct.
CHAIRMAN KAUFMAN: He offered to buy it. I remember
there were fines imposed, then he backed out, the contractor. I don't
know if you're that contractor or --
MR. TATEO: There may have been another party prior to us.
We did close on it and did, within 60 days of closing, board it up.
CHAIRMAN KAUFMAN: Okay. The people -- so it was not
boarded when you got it?
MR. TATEO: Uh-uh; was not.
CHAIRMAN KAUFMAN: Okay. Well, obviously we're not
here to rehear the case.
MR. TATEO: No. You're not here to rehear the case. you've
basically got a fine thing and situation. I want -- my client -- Union
Road, us, now, has invested over $86,000 in the civil, the demo, the
architectural plans, and related items, so -- and besides the purchase
price. That's independent of that. our intention is to go finish that
project. we just may not -- we're not going to be able to get it done till
we get permits.
But if you need to impose fines, we'll be back to you for some
Page 34
November 17,2017
relief at some date when we get the project done.
MS. CURLEY: I just have a comment. I find it frustrating as a
citizen of Collier County that the fire districts are -- can't find a
solution for your water. That's --
MR. TATEO: It's not that they --
MS. CURLEY: I'm glad you shared that with me, but I just want
you to know that that pains me to know that that's been a pending
rssue.
MR. TATEO: I don't really know who to point the fingers at,
frankly.
MS. CURLEY: Someone --
MR. TATEO: But the community district has --
THE COURT REPORTER: I can only get one at a time.
MR. TATEO: Sorry.
MS. CURLEY: Anyways, I just wanted to make that comment,
because if he could go drill his own well to move past this, and with
this permit, I'm sure he would do that. So that's an understandable
delay. We don't like delays here, and I understand that.
But I do remember one thing I wanted to add is that this is very
close to a residential neighborhood, so somebody's looking at this
skeleton building which was peeled apart since January; so almost a
year. So just imagine looking out your lanai and seeing this from the
nice neighborhoods, Flamingo Estates or whatever it's called out there.
This is not desolate in the middle of nowhere?
MR. TATEO: May I speak for a second?
CHAIRMAN KAUFMAN: SuTe.
MR. TATEO: Susan, with regard to the proximity of the
neighborhoods, the nearest condominiums to this is a project called
Orchid Isle, and it is probably, from this building, approximately 250
to 300 yards. In between this building and orchid Isle is the old hotel
that's fenced up and derelict. That, they surely see. I'm not sure that
Page 35
November 17 ,2017
they actually see this. This is on the way out to the shooting range and
the community district's water and sewer treatment area.
CHAIRMAN KAUFMAN: Okay. Let me get us back on track.
MR. TATEO: Thank you.
CHAIRMAN KAUFMAN: The issue that you have with water
or building --
MR. TATEO: That's just part of the delay; secondary.
CHAIRMAN KAUFMAN: -- is something that you would need
to work out either with an attorney or with the county commissioners
or -- I don't even know if they have jurisdiction over the fire people,
but we certainly don't, so let me put that aside.
If I were in your shoes, I would probably be asking for some
additional time to resolve the situation that's out there.
Go ahead, Gerald.
MR. LEFEBVRE: I have a couple questions.
First of all, is there any way to erect a fence on this property that
would -- first of all, you're going to have a construction site, so you're
going to want to secure it ahead of --
MR. TATEO: We're happy to do what needs to be done.
MR. LEFEBVRE: So that's number one. That would resolve -- it
won't take care of the blight, but it will take care of anyone getting into
the property. And any idea on when this issue is going to be resolved
between the improvement district, I think you said, and the fire --
MR. TATEO: Right. It's Port of Isles Community Improvement
District and the Greater Naples Fire Department. We're trying to
schedule a hearing. The attorney for the Community Improvement
District has, just as of November 7th, I believe, or Sth, had a letter to us
that said, okay, look, now, if you guys want to use potable water out
there, you can do it, but you're going to have to install new pumps, new
this, this, this. That's probably another 30- to $40,000. For a l6-unit
project, that's not really the right -- we don't think it's the right solution
Page 36
November 17,2017
anyway.
My point is we want resolution. We've ask the civil to organize a
meeting between the f,rre district, the Community Improvement
District, and get some resolution.
MS. CURLEY: So I will say -- excuse me. If you have a permit
that's not approved yet, he would have to amend that permit for his
construction fence. So I don't know that -- it would be nice if we could
ask him to do that --
MR. TATEO: I think -- we haven't applied for actual
construction permits until we got the civil issue resolved, so there's --
the architectural plans have been done since April. Anyway, we'll be
happy to put a fence up.
CHAIRMAN KAUFMAN: Let me go back to what we have in
front of us. We have -- this is an imposition of fines. We're not here to
rehear the case. We can grant a continuance on this; we could impose
the fines. Those are the things that we can do at this stage.
MR. LEFEBVRE: Or an extension.
CHAIRMAN KATIFMAN: Or the county can pull this and bring
it back at another time. Those are some of the options that are in front
of us right now. What's the best option going forward?
MR. LEFEBVRE: I still have another question. If a permit is
pulled, they're still in violation, correct? So until they get a CO and
everything's fixed, they're still going to be in violation?
MR. MUCHA: Yes, sir.
MR. LEFEBVRE: Okay. So if we put this six months down the
road, maybe we can do -- my suggestion may be extension of time,
fines keep on accruing, and with an update maybe three months down
the road to see where they're at. I'd like to see how -- how long do you
think it will take for construction?
MR. TATEO: If you asked me that before the hurricane, I would
have told you this is probably a four- to five-month project.
Page 37
November 17,2017
MS. CURLEY: Now it's a year and a half.
MR. TATEO: I'm not sure what it is now just because of the
labor demands and stuff.
MR. LEFEBVRE: Right.
MS. CURLEY: So is there any sheriff activity out there after the
county took over that hotel, or has that been shut down? I mean, is this
place -- is this section of town still on the party house website where
all the kids go and have raves and things, or is that discontinued?
MR. MUCHA: No, I know they're very active with the hotel. I
haven't heard anything about this particular building. I know the
hotel's been a problem still.
MS. CURLEY: StiII?
MR. TATEO: I'm not sure -- well -- how they're getting in.
We're -- your point is that you all have a code hearing and you need to
take one of your appropriate situations.
CHAIRMAN KAUFMAN: Those are the actions we can take,
so...
MR. TATEO: With regard to the petitioner, we'll stand by your
decisions.
CHAIRMAN KAUFMAN: So if we were to -- a suggestion --
grant a 180-day continuance, and during that period of time we would
expect to see some progress on something, whether you resolve the
issue you have with the water or whatever, and prior to the 180 days, if
you came back and said, this is what we've done, this is where we're at,
and we need more time to complete the project, the Board has always
looked favorably atthat, and I'm sure we would again. We don't want
a blight out there.
MR. TATEO: Neither do we.
CHAIRMAN KAUFMAN: And we don't want the county to
incur the cost of taking over additional property that they have to
maintain, et cetera, like they did with the hotel. So having said all that
Page 38
November 17,2017
MR. LEFEBVRE: I think the option of imposing the fine should
be taken off the table. You have acted in good faith to try to get this
project moving forward. It isn't simply just a house, a single-family
house. So I think the option of imposing the fines will negatively
impact you, and you wouldn't come in front of us at that point. You
would go in front of the Commission.
MR. TATEO: The tull Board.
MR. LEFEBVRE: Right, the Board of County Commissioners.
So I think it should be kept within this board here. So a continuance,
the fines will still --
CHAIRMAN KAUFMAN: Uh-huh.
MR. LEFEBVRE: Okay. I make a motion that we continue this
case for 180 days and in 90 days you come back with an update.
CHAIRMAN KAUFMAN: Okay. Do we have a second?
MR. DOINO: I'll second that.
CHAIRMAN KAUFMAN: Okay. We have a second.
Any other questions on the motion?
MR. ASHTON: I have a question. When you purchased -- I'm
looking --
MR. TATEO: Yes, Robert.
MR. ASHTON: You paid the fine of 2,000-some-odd dollars, did
you know that this other fine was sitting on there?
MR. TATEO: We knew that the fine was accruing, but I didn't
handle that part of it. All I know is that the attorneys on the closing
told us that the only fine that was on the property was the $2,000.
MS. CURLEY: Was that Mr. Shapiro?
MR. TATEO: Pardon me?
MS. CURLEY: Was that Mr. Shapiro?
MR. TATEO: Mr. Shapiro was the buyer, the original buyer
from the auction, or representing the original -- I don't know that he
Page 39
November 17,20t7
was the buyer. He was or was involved with, as a representative, for
the people purchasing.
CHAIRMAN KAUFMAN: I think that's all beside the point. We
have a motion and a second to grant a 180-day continuance. Any other
comments on the motion.
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. ASHTON: Aye.
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
So you have six months. Prior to the six months, in 90 days come
back and say, we resolved our water problem, we didn't, or whatever it
15.
MR. TATEO: As a quick item. What's the process? Do I need
to come and ask for a hearing in 90 days?
CHAIRMAN KAUFMAN: You talk to Joe after --
MR. TATEO: Okay. Thank you.
CHAIRMAN KAUFMAN: -- and he'll get you the --
MR. TATEO: Thankyou very much.
CHAIRMAN KAUFMAN: -- best advice.
MR. LETOURNEAU: Put it on the agenda.
MS. NICOLA: This isn't something that's going to need to be in
the order, right? You guys are just going to re-notice it for them to
come in 90 days? I want to make sure that I draft the continuance
motion properly. It's just going to say continued for 90 days but
Page 40
November 17,2017
without -- I'm sorry -- continued for 180 days but nothing in the order
about the 90 days?
MS. ADAMS: No. After 90 days they'll put it on the agenda
under reports.
MS. NICOLA: Right.
CHAIRMAN KAUFMAN: Okay. How are your fingers?
THE COURT REPORTER: Good.
CHAIRMAN KAUFMAN: Thank you for asking.
MS. ADAMS: Okay. The next case that we have someone
present is going to be Item 6,{3. It's Case CELU20I70004265,11222
Tamiami, LLC.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. Could you state your name
on the microphone.
MR. PURCIELLO: Yes. My name's Stephen Purciello. I'm the
Agent for the owner of the property.
CHAIRMAN KAUFMAN: And you have the owner's
permission to represent him?
MR. PURCIELLO: Yes, I do. I submitted an email to John
before about it.
CHAIRMAN KAUFMAN: Okay. Okay. So before you read
this into the record, Joe, you are obviously here to request something?
MR. PURCIELLO: Yes, I guess, respond to what our plan is to
move forward to resolve this, yes.
CHAIRMAN KAUFMAN: Why don't you tell us now, and then
MR. PURCIELLO: Okay. The issue with this, that there's been a
container, you know, improperly on the property, resulted from -- we
applied for a building permit for fire sprinklers. There's been a lot of
delays with the Site Development Plan.
We've been working with an engineering firm, with the fire
Page 41
rNsTR 5309517 OR 5311 pG 1588 RECoRDED 9/7 /2Oa6 12;14 pM PAGES 2D!,,IGHT E. BROCK, CLERK oF THE clRcUIT CoURT, CoLLIER CoUNTY FLoRIDAREc $18. 50
COLLIER COUNTY CODE ENT'ORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CEPM201600M343
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petldoner,
., / ,
,]rrr^,onr*, (::
Rspordetra. ,.' '
(r ..
THIS CAUSE came before the Code
Fineylicns or August 26,2016, and thc Code
Board upon thc Petirioner's Motion lor Imposition
Board, having heard argumellt respective to all
6rrgrclment
Eiforcerrint
appropriate maners, hcreupon issues its Findings e/t Older ofCode Enforcern€nt Board, as follows
2. An Ordcr was eotcred by thc Code Enforcement Board espondent to abale the violation on or
before June 2E, 2016 or a fine of $ 150.00 per day would be
thercafter util abatement is confirmed. (A copy ofthe Order
asscssedA rech day the violations continue
is recordcd atpR 5290, PG 346t).
3. Operational cosrc of$67.I I incurcd by rhc County in the pror""u,ion #t$f"""| have been paid.
4. Respondent, having been duly noticed for the public hesring regarding the ct'nty! Mption, was rcprcscnted
by anomey Marc Shapiro. / .) ,
5. The violation has not be€n abated as of the date of the hcaring
ORDER
^ Balc! lqon the foregoing Findings ofFact, and pursuant to thc authority gnnrcd in Chaprer 162, Florida
Statutes, asd Collicr Coulrty Ordinance No. 2007-44, as amended, it is hercby ORDERED:
l. On June 23, 20t6, Respondent w8s fourd guilty
Chapter 22, Articlc VI, Section(s) 23-231(l 2)(b),22-2)t
windows and doors missing and/or broke.; exterior
property located ar 12400 Union Road,Naples, FL
LAND IN THE SE % AS DESC. IN OR 3844,PG 29'18
County Code oflaws and Ordinances.
l2)(c) for having a roof in disrepair,
which violation(s) occurred on thc
13 (Legal: 4 52 28 A PARCEL OF
AS PARCEL 'A)
A. Daily fines of $ 150.00 per day from June 29, 2016 to Augusr 26, 2016 ate reduced to $2,000.00.
B. Thc timc requircd to complete thc rcpairs, oi demolition, inspeations, and Certificate of
completior/occupancy will be exlcndcd to ard must be comprcted by February 22, 2017 or a frne of
$150.00 per dey will bcgin to accruc for cach day the violation rcmains thercaftcr.
a*r oR 5311 PG 1589 r**
C. No fines shall accru€ during thc €xtension period.
D. IfRespondenr fails to comply with this ordcr, the collier county code Enforcement Dcpanment may
abate the violation using any method to bring the violation into compliancc. Ifnecessary, the county
may requcst the services ofthe Collier Counry Sherilfs Omce for the purpose ofaccessing rhe
property for abatemelt. All costs ofabatcrn€nt shall be ass€ssed against the property.
E. Respondent shall noti$ the Code Enforcement Investigator, Steve Athey, within 24 hous ofabatcment
or coupliryc so that a fiDal,2,
oonrifu6b|4mtm
z's,,.
inspectioo may be performed to confirm compliance.
, l5t ury o, i( Or .2016 at colricr county, noridr.
,FI on 104
ard ofCollier County, Florida, who is
i Florida Driver's License as identification.
:?,
expires:
r day of T_
I(ESRY ADAI'S
. MY CotJlSSroN , FF t&9t21
M
E.XP|RES:.lut 8, m18
godla nru 8udg.t Ndry S.wir3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthis oRDER has bcen sent by U. S. Mailto ro 12323 UnionTrus_t,2800 Davis Blvd., #200, Napres, FL J4l04 and a couflesy copy ro Marc shapirq Esquire, ?20 c;;dletr€i;;;N., Suire 304, Naples, FL 34102 this I aar or SaP ,-ZOrO.
II'1ERE
ccrract
]tt
BY
ENFO
COLLIER
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CCUii
Enfo
i-: . lrl iLlr,:.r
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Ro;:,c il..
E, BIICCK,
August 26,2016
MS. ADAMS: The next case No. 2, Tab 7, Case
CEPM2O I 60004343, 12323 Union Trust.
(The speaker was duly sworn and indicated in the affirmative.)
MR. ATHEY: For the record, Steven Athey, Collier County
Code Enforcement.
This is in reference to Case No. CEPM2O160004343, Board of
County Commissioners versus 12323 Union Trust.
Violations of Collier County Code of Laws and Ordinances,
Chapter 22, Article VI, Sections22-2 -- I'm sorry -- 22-231-12(B),
12(I), and 12(C).
Location is 12400 Union Road, Naples; Folio 1058920513.
Description of the violation is a roof in disrepair, windows and
doors missing, and/or broken, and the exterior walls in disrepair.
Past orders: On June 23rd,2016, 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, OR5290,
Page346l, for more information.
Violation has not been abated as of August 26th, 2016.
Fines and costs to date are as follows: Fines have accrued at a
rate of $150 per day for the period from June 29th,2016, to August 26,
2016,59 days, for a total fine amount of $8,850. Fines continue to
accrue.
Previously assessed operational costs of $67.1 t have been paid.
Operational costs for today's hearing, 62.31.
Total amount to date: $8,912.31.
CHAIRMAN KAUFMAN: Okay. Jeff, do you want to say
something?
MR. LETOURNEAU: Yeah,I'd like to say something. They did
slil, '1'4(
Page 49
CHAIRMAN I(AUFMAN: Oh.
August 26,2016
MR. LETOURNEAU: Okay. I'm sorry.
(The speaker was duly sworn and indicated in the affirmative.)
MR. LETOURNEAU: Once again, for the record, Jeff
Letourneau, Collier County Code Enforcement.
The owners did have this particular building boarded up pretty
quickly.
MR. ATHEY: I have five photographs I could enter, if you'd like.
CHAIRMAN KAUFMAN: That would be good.
MR. ASHTON: Make a motion to accept.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: Motion and a second. All those in
favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: AYE.
MR. LEFEBVRE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. LETOURNEAU: And --
CHAIRMAN KAUFMAN: Hold on one second, Jeff. Just to
make sure counsel has no objection.
Any objection?
MR. SHAPIRO: No objection.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: I didn't feel comfortable issuing the
boarding certificate due to the fact that there was a few things that
weren't done completely to the property maintenance ordinance.
Now, having said that, this is a huge structure. I believe that the
Page 50
August 26,2016
ordinance was probably written for, you know, single-family homes
and stuff like that. And they did board it up.
Now, I believe Mr. Shapiro's going to ask that the Board maybe
retroactively go back to that date and stop the fines at that date because
they did board it up. I just couldn't issue a boarding certificate because
they didn't paint it the color of the building, it wasn't quite form fitting,
and a couple other things.
But, you know, the county would have no objection to, you know,
working with Mr. Shapiro and the property owner at this point.
CHAIRMAN KAUFMAN: Okay. That's the last picture? Okay.
MR. LETOURNEAU: So, in other words, they don't have the
certificate, but they did board the building.
CHAIRMAN KAUFMAN: I understand. And had they had the
certificate, it would be "the violation has been abated"?
MR. LETOURNEAU: Partially abated. I mean, the property
maintenance issues still have to be taken care of, but that would have
bought them that six months with Section C on the order.
CHAIRMAN KAUFMAN: Okay. So it was partially abated
June, the end of June 20L6, someplace close to that?
MR. LETOURNEAU: Steve, when was it actually boarded, or
when was it that you noticed it was boarded?
MR. ATHEY: Mr. Shapiro, do you know the date?
MR. SHAPIRO: I know it was within probably two or three days
it was --
MR. ATHEY: Days of the hearing?
MR. SHAPIRO: Yeah, of the hearing.
MR. LETOURNEAU: So I think they had it boarded in time. I
just couldn't issue the boarding certificate.
CHAIRMAN KAUFMAN: Okay. I understand.
Mr. Shapiro?
MR. SHAPIRO: Yeah. So I guess my client had it boarded up as
Page 5l
August 26,2016
soon as possible.
Now, I want you to understand, this is -- it's not a single-family
house. There's a lot of windows, and the boarding certificate -- I guess
we discussed at the last hearing that the boarding would just be a
primary solution. So there is -- in fact, I can represent to the Board,
there will be permits and this will be a complete rehab done on this.
So, you know, I would hope that the boards are just going to be
temporary. They're going to be taken down, and a complete rehab is
going to be done on this property in short order.
So I guess, technically, because they weren't painted the color of
the building, he didn't want to say that we were in compliance. But the
building was secured, the doors were secured, the windows were
secured, and, you know, it's -- this is a primary fix.
In the next, probably, couple months a re -- a fulIrehab will be
begun on this property.
CHAIRMAN KAUFMAN: Have they started with building
permits already?
MR. SHAPIRO: That will be done within the next couple weeks.
Actually, the property is going to be transferred to someone who is
going to be doing a complete rehab on the project.
MS. CURLEY: Sold, you mean.
MR. SHAPIRO: Sold, yes.
CHAIRMAN KAUFMAN: Okay.
MR. ATHEY: That is today, correct, Mr. Shapiro?
MR. SHAPIRO: Yes. Closing's supposed to be this afternoon.
CHAIRMAN KAUFMAN: Wow. Okay. Comments from the
Board?
MR. LEFEBVRE: They are aware of this case?
MR. SHAPIRO: They are. In fact, the person that's buying it is
the contractor that put the boards up. As he was putting the boards up,
you know, we told him of the issue, and he's like, oh, I'm a contractor.
Page 52
August 26,2016
I'd like to buy this because I can fix it up, and that's who we're going to
be selling it to is the actual guy that put the boards up.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: Are they making any profit on it? I'm just
curious. Sorry.
MR. ATHEY: I don't know. It's going to be pretty close to -- I
don't think they're going to be losing money. It will be pretty close to a
breakeven.
CHAIRMAN KAUFMAN: Okay. Well --
MR. LEFEBVRE: I just still -- I mean, this board here looks like
even if it's an S-foot board, there's gaping holes there. I mean --
MR. SHAPIRO: To form fit it and paint when in the next two
months you're just going to rip it down anyways to do a complete
rehab project, I mean, I think, would just be a little bit of a waste. By
the time you're done formfitting and painting it, you'd be ready to --
you'd probably have the building permit to start the demolition -- I
mean, not demolition, but the rehab on it.
MS. CURLEY: So the contractor said it would probably cost
more than $8,912 to form fit it and paint it.
MR. LEFEBVRE: Well, I'm not asking them to form fit it and
paint it.
MR. ASHTON: More security.
MR. LEFEBVRE: Yeah, cover up more than eight feet of the
operung.
CHAIRMAN KAUFMAN: You don't understand. It says "keep
out." That should be enough.
MS. NICOLA: I think what we had done last time --
MR. LEFEBVRE: Well, the white on the "keep out" is almost
the color of the building.
CHAIRMAN KAUFMAN: Yeah, okay.
MR. LEFEBVRE: By the way, I mean, my client has been
Page 53
August 26,2016
actively going to the building on an almost daily basis, at least on --
you know, every several days to make sure that nobody has taken
down the boards or got into it. I mean, they have been pretty
conscientious about this. They've been showing up there just to make
sure no boards were torn down or, you know, anybody has broken into
the place.
CHAIRMAN KAUFMAN: So can I assume thatyou are here to
ask the Board to abate the 8,850, the $8,850?
MR. SHAPIRO: Yes. I would request the Board to abate the
8,850. And, you know, I think it's -- I think it's already a condition,
because this boarding certificate -- I think at the last time we were here
we said that this would only be a temporary fix for six months, and
within the six months that there would be a more permanent solution,
so -- and we're okay -- I mean, that is the plan, to do a -- and I think
that's already in the order, by the way, the previous order.
MS. CURLEY: As of today, they're not -- the owner of the
property is not your client anymore, right?
MR. SHAPIRO: No, but believe me, the new owner -- I mean,
they're aware of this, and they don't -- I mean --
MS. CURLEY: Are they going to retain you for after today to --
MR. SHAPIRO: No. Their attorney is Marc Oates.
MS. CURLEY: I'd like to make a motion.
CHAIRMAN KAUFMAN: And what is your motion?
MS. CURLEY: To just impose the $8,912.31 fine.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
(No response.)
MR. LEFEBVRE: This is a tough one. Well, we're not in
discussion yet, so...
MS. NICOLA: I have a question, and I guess it's because it -- I'm
thinking from memory, and then I'm looking at C. I thought that the
Page 54
August 26,2016
requirement at the last hearing was simply for them to board up the
first floor, and that's what it looks like happened.
MR. LETOURNEAU: And I'd like to also point out,I want to
clarifu that the county has no objection if we just waived the boarding
certificate part of the -- that part of the order.
And I don't want to gum up the works of this sale with an
imposition at this point. If it looks like they're going to follow through
and get this thing rehabbed, that's the ultimate goal the county wants,
so...
CHAIRMAN KAUFMAN: Let me intemrpt you for a second.
We have a motion on the floor, and it dies for lack of a second.
Okay. Now continue, Jeff.
MR. LETOURNEAU: Well,like I was saying, the county's
looking for compliance, and it looks like Mr. Shapiro and the owners
are on their way to doing that, or getting it to a new owner. And I
believe if we impose because they didn't get a boarding certificate, it
probably wouldn't be in the best interest of the county or -- and also
that there's no, you know, activity going on in this particular structure
anymore, you know, like they were having kids and whatever parties
going on. That's been eliminated at this point, so...
MR. ASHTON: Is the building secured? I mean, is it --
MR. LETOURNEAU: Yes, sir. It's secured. It's just not secured
with the paint and all that.
MR. ASHTON: I know. They just can't get in there through a
little opening or something.
MR. LETOURNEAU: Correct.
MR. ATHEY: It's secure.
CHAIRMAN KAUFMAN: Okay. And, Steve, you're going to
keep an eye on this after today when the new owner takes possession
of the building to make sure --
MR. ATHEY: Without a doubt.
Page 55
August 26,2016
CHAIRMAN KAUFMAN: -- that there's progress --
MR. ATHEY: Absolutely.
CHAIRMAN KAUFMAN: -- a building permit's pulled, and all
the rest of that stuffl
MR. LAVINSKI: So, Jeff, is the only reason it says here this has
not been abated is because of that certificate?
MR. LETOURNEAU: Yes, sir. Well, you know, partially
abated, yeah. The only reason that we didn't -- Section C isn't in
compliance is because a boarding certificate wasn't -- I just couldn't
issue it because it wasn't -- it wasn't up to the actual ordinance
standards.
But the intent of the boarding was done. It just wasn't done
according to the actual property maintenance ordinance.
MR. LAVINSKI: All right. I'll make a motion, then, to abate the
fine under those circumstances.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
(No response.)
CHAIRMAN KAUFMAN: I'll second it.
Okay. Any discussion on the motion?
MR. LEFEBVRE: Yes. The issue I have is counsel here doesn't
represent the new owner. He's saying that the new owner's going to do
this, that, and the other thing. There's just so many ifs on this property.
MS. CURLEY: We don't have evidence of a sales contract. And
if I was the buyer, I'd be here at this meeting.
MR. LEFEBVRE: Right. All points well taken. Now, the
quandary I have, abatement, I don't think that's in order.
MR. SHAPIRO: I can speak to that when you're finished.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Abatement I don't think is in order, and then a
fuIl frne isn't in order. I just -- we've had cases like this where buyers
Page 56
August 26,2016
come in and buy a property, and it just languishes, and there's issues
and so forth and so on. So this is kind of a tough one, but I can't see
abating the whole fine.
CHAIRMAN KAUFMAN: Okay.
MR. SHAPIRO: If I --
CHAIRMAN KAUFMAN: Counselor?
MR. SHAPIRO: If I could speak to that. I mean, the new buyer
would have been here if we thought it was necessary.
I can tell you the new buyer has been in contact with the -- with
the code enforcement investigator. I think the attorney is for the buyer
is also, I mean -- but this buyer I can represent to the Court, that -- is
aware of this, plans on immediately getting a building permit to rehab
the property.
I mean, I know that is taking place. I didn't bring any proof or
any of that with me, but I can say that this -- the boarding certificate,
just the boards -- and I think this is in the previous order -- and the new
buyer would take subject to that order when they bought it, they would
be under that order, that this is -- the boarding is only for six months.
We agreed that there would be a permanent solution that would
take place before that -- the boarding, I guess, expired, that the
boarding would only be valid for six months, and if they -- if there
wasn't a rehab or a demolition done in the six months, then the fines
would start accruing.
And I believe that's already been ordered, and the new buyer is
aware of that. So I think there's not going to be an issue with this. I
mean the new buyer is going to be -- is aware of it and is going to be
highly motivated to get this done fast.
MR. LEFEBVRE: The other option would be just to continue
this.
CHAIRMAN KAUFMAN: Have you been -- yeah, Steve, have
you been in contact with the new buyer?
Page 57
August 26,2016
MR. ATHEY: I met with the potential buyer immediately after
the original hearing on site and gave him specific instructions how to
board the dwelling, and this is what they did. Since that meeting, I
have had no contact with him at all.
MR. LETOURNEAU: Would the Board be okay with the county
withdrawing this for a month and see where we sit at that point with
the fines continuing to accrue?
MR. LEFEBVRE: Now, would that impact the sale if there's still
fines on this?
CHAIRMAN KAUFMAN: Well, there's no order there, then
there's no order there.
MR. LEFEBVRE: But there's a case, and there's fines that are --
well, there's still fines.
CHAIRMAN KAUFMAN: I would think that if the new buyer --
if we were to -- if the county would withdraw this and the new buyer
knew that the Board would look favorably on an abatement of this, if
the new buyer would agree that he's going forward, he's going to be
pulling building permits, et cetera.
MR. LETOURNEAU: Well, yeah, at least showing up to the
next month's hearing and explaining his plan.
CHAIRMAN KAUFMAN: I think that would be good. And let
me check with the motion maker; would that be okay with you?
MR. LAVINSKI: No, I don't think so. You know, this is a bad
enough deal to begin with. I just can't see throwing another pound of
salt into the wound of this thing.
And I'll assume for the minute that Mr. Shapiro is honest in his
statements about what's to happen. And I think we should just step out
and take a chance and abate this and let them move on and see what
happens.
MS. CURLEY: He just said that the new buyer had been in
conversation with the county officer over here when, in fact, the
Page 58
August 26,2016
county officer just instructed him as a vendor how to board up the
building. He didn't say that he had had ongoing conversations with
him about the anticipation of him purchasing it. So I don't find all of
the conversation to be --
MR. LAVINSKI: No. I stand behind my motion to abate the
fine.
CHAIRMAN KAUFMAN: Okay. Well, we have a motion and
we have a second. All those in favor?
MR. LAVINSK[: Aye.
CHAIRMAN KAUFIVIAN: Aye.
Those opposed?
MS. CURLEY: Aye.
MR. DOINO: Aye.
MR. LEFEBVRE: Nay.
MR. ASHTON: Nay.
CHAIRMAN KAUFMAN: One, two, three. Okay. Motion fails.
MR. ASHTON: I think we ought to let the county pull it and then
let the new buyers come in next month to get this abated.
CHAIRMAN KAUFMAN: Okay.
MR. ASHTON: They know it's here. They know that they have
the opportunity to abate this, and they should show up and do it.
MR. LEFEBVRE: Being that he installed the boards, too,I think
he should be here and explain. By then it will close, and then hopefully
by then he can say this is what I did to submit. And he's the new
owner, and maybe Mr. Ship -- Mr. Oak, Oates? Oaks, is it?
MR. SHAPIRO: Marc Oates.
MR. LEFEBVRE: Mark Oates. Thank you, thank you -- he can
come in front of us and explain what's being done.
MR. SHAPIRO: And he's just the attorney that's doing the
closing. I don't --
MR. LEFEBVRE: Oh, okay. I'm sorry.
Page 59
August 26,2016
MR. SHAPIRO: I don't know if he's --
MS. CURLEY: So what if nothing changes and we're back here
next month?
CHAIRMAN KAUFMAN: Then we'llmake a decision at that
time.
Mr. Ashton, would you like to make a motion to that effect that --
MR. LAVINSKI: Mr. Chairman, I still feel that by doing this
continuance you're still leaving a cloud out there about this fine may
happen. And if that spoils the sale that's potentially going to happen to
have this thing rehabbed, I wouldn't feel very good sleeping at night,
that for an $8,900 fine we botched or we partly contributed to the
botching of this sale.
MS. CURLEY: Okay. Then I have a motion. I'll make a motion
that we impose a $2,000 fine.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion to impose
a $2,000 fine. Any discussion on that motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
MR. LEFEBVRE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. LAVINSKI: No.
CHAIRMAN KAUFMAN: NO.
Okay. It passes.
MS. CURLEY: We've got to recoup something here.
CHAIRMAN KAUFMAN: Okay.
MR. ATHEY: Good. Thank you.
CHAIRMAN KAUFMAN: Okay. So it's a $2,000 f,rne, and
Page 60
August 26,2016
that's the end of it.
MR. LEFEBVRE: Now, the question: This isn't going to be
recorded until after the closing. How is that going to be --
MS. CURLEY: The client's attorney is here. He has knowledge
of this.
MR. LEFEBVRE: I understand.
MR. SHAPIRO: Yeah. I mean, they have to get,I guess, an
estoppel -- well, yeah.
MS. CURLEY: They just hold their money. They can escrow
their money.
MR. SHAPIRO: Yeah.
MR. LETOURNEAU: I have a question.
CHAIRMAN KAUFMAN: Yes, Jeff.
MR. LETOURNEAU: So on Section C, we're saying that they
did not comply with Section C and get the boarding certificate and
didn't get it taken care of right, so the fines from that at this point are
continuing to run; is that correct?
MR. LEFEBVRE: No.
MR. DOINO: No.
MR. LEFEBVRE: No?
MS. ADAMS: The case is still open.
MR. LETOURNEAU: Yeah. Because the violation still remains.
Section C was the boarding. That was the Band-aid. That bought
them six months to get the property maintenance issues taken care of.
So you -- I'm just curious about going forward in the future how this
case ls runnmg.
MR. SHAPIRO: So I thought when he said if -- 2,000 and then it
was done, that it was a $2,000 fine, and they would take this -- the
boards as they were to be good for -- you know, until the six months
expires.
MR. LETOURNEAU: Is that how we're at, and the fines aren't
Page 61
August 26,2016
continuing to run?
MR. LAVINSKI: I thought we agreed that we would waive what
little it is to get the certificate, and this $2,000 fine would settle it.
MR. LETOURNEAU: Okay. But -- all right. So what about
Section D, though? That's still in play. No, not -- Section C they still
have to fix the property maintenance issues within six months.
CHAIRMAN KAUFMAN: Yeah. We didn't hear that at all now.
That was heard in the past.
MR. LETOURNEAU: I'm just kind of -- I just need some
clarification at this point what you guys are --
MS. CURLEY: Do we have to address it?
MR. LETOURNEAU: Well, I don't know.
CHAIRMAN KAUFMAN: I don't think we have to address it.
It's not on the agenda.
MR. LETOURNEAU: No, but it's --
MR. LEFEBVRE: It's part of the order.
MR. LETOURNEAU: It's -- so do we --
CHAIRMAN KAUFMAN: The original order.
MR. LETOURNEAU: Say the sale falls through and we come up
to six months, do we -- is that -- we bring that back at this (sic) time or
-- I'm just kind of confused at where we're at.
CHAIRMAN KAUFMAN: Yeah.
MR. LAVINSKI: Yeah.
MR. LETOURNEAU: Okay. All right. Okay.
CHAIRMAN KAUFMAN: And should the respondent -- the
new buyer want to come before the Board to make us feel more
comfortable about the six months, or if they need more time.
MR. SHAPIRO: And, yeah. And I guess it's moot now, but I
was going to suggest, you know, if there wasn't a fine, that maybe the
solution to this is to have the new buyer sign something at closing
saying that he will -- agrees to be bound by the Code Enforcement
Page 62
August 26,2016
order that was imposed on the former buyer.
CHAIRMAN KAUFMAN: Okay. As you said, it's moot now.
Okay. We're going to take 10 minutes. Be back -- 38,48 -- 10
of.
(A brief recess was had.)
CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement
Board back to order.
I think we left off at Tab 9.
MS. NICOLA: Eight.
CHAIRMAN KAUFMAN: Eight.
MS. ADAMS: It's No. 3 from imposition of fines, Tab 8, Case
CESA2O 1 5 0024052, K&R Hometech, LLC.
(The speakers were duly sworn and indicated in the affrmative.)
CHAIRMAN KAUFMAN: Good moming.
MS. ROJAS: Good morning.
MS. GIGUERE: Good morning.
CHAIRMAN KAUFMAN: Good morning. Would you like to
read the order into the record?
MS. GIGUERE: Yes. For the record, Vicky Giguere, Collier
County Code Enforcement.
This is dealing with violation of Collier County Land
Development Code 04-41, as amended, Section 10.02.06(BX1Xa).
Location is 4810 Aztec Circle, Naples, Florida; folio is 3 -- I'm
sorry, 63100120005.
Description: Interior alterations consisting of but not limited to
the removal of interior walls, plumbing, and electrical work all done
prior to obtaining Collier County building permits.
Past orders: On April 29th,2016, 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, OR5270,
Page 63
,{-)u Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENTF\r
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
change / overage:
Contact:
Cashier Name:
Batch Number:
Entered By:
X
&
$2,000.00
$0.00
H & H PROPERTY MANAGEMENT & CO
391 GERI4AIN AVENAPLES , FL 34108
20L6348025
2016-054663
08129/20L6
$2,000.00
Pavment Method
Check
Reference Number
cEPM20160004343
ElizabethMendez
5602
KerryAdams
Amount Paid
$2,000.00
Check Number
7424
GL Account
111-138911-354400
orioinal
Fee
$2,0oo. oo
Amount
Paid
$ 2,0 00.0 0
FEE DETAILS:
Fee Descriotion
Code Enforcement Board
i119122,4,11 PM Detail by Entity Name
Dtvrsroir ()r C(rRPoR^r roNs
a '/,
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Agparltrgrl-etsEll / Oivrsron of Co.pg4&!! / S€arch Records / Sear€h by_Ed{y:N4Ee /
Detailby Entity Name
Florida Limited Liability Company
H & H PROPERTY MANAGEMENT & COMPANY LLC
Filing lnformation
Document Number L11000133238
FEUEIN Numbe. 3647215'15
Dare Filed 1112312011
Effective Date 1'111612011
State FL
Status ACTIVE
Principal-lk&[esg
3001 Tamiami Trail N
#206
NAPLES, FL 34103
Changed:0411iJ2022
Malling Address
3001 Tamiami Trail N
#206
NAPLES, FL 34103
Changed: O411212022
Begistered Agent Name E Address
BLUME, CRAIG D
8OO HARBOUR DR.
NAPLES, FL 34103
Authorlzed Person(g) Detail
Name E Address
Title MGR
HENKE, GOROON
3001 Tamiami Trail N
#206
NAPLES, FL 34.I03
Title N.4GR
HENKE, BRIAN
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntjtyName&directionType=CunentList&searchNameOrder=HHp....1/2
,-119122.4:11 PM Detail by Entity Name
8171 BAY COLONY DR. #1802
NAPLES, FL 34108
AnnualRepgflt
Report Year
2020
2021
2022
Filed Date
o't 13012020
03t01t2021
04t1212022
Dolcument lmagel
O4lIZ2O22 .. ANNUAL REPORT
O3IO1i2O21 - ANNUAL REPORT
01130/2020 - ANNUAL REPORT
O3l28/2019 - ANNUAL REPORT
02106/2018 -" ANNUAL REPORT
OZ17I2O17..ANNUAL REPORT
O4l,I3i 2016 - ANNUAL REPORT
OZO9/2015 -ANNUAL REPORT
O3/28l2014 .. ANNUAL REPORI
09/20/2013 - ANNUAL REPORT
0412612012 - ANNUAL REPORT
11/2312011 - Florida Limited Liobility
View inrage in PDF fonnat
Vi6w jmage in PDF {o.mat
View image in PDF lormat
View ifiage in PDF lormal
View inage in PDF forrnat
Viev,, rmage in POF tonnal
View image ,rr POF ro.mat
View image in PDF lormal
Vlew image in PDF fo.mal
Vew image in PDF lormat
Vew rnrage i. PDF fornrat
View image rn POF format
I
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=CurrenlList&searchNameOrder=H H P... 22
rt{sTR 5286101 oR 5290 pc 3461 RECoRDED t/6/2O16 9:52 Arit PAGES 3DWTGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC 327. OO
COLLIER COUNTY CODE ENFORCEMENT
CODE ENF1ORCEMENT BOARD
Case No. - CEPM20160004343
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,'TLORIDA,
.// )Petitioner, ,/_ ,
!tvs. J
12323 UNTON TRUST, ,."
R6pondrnt. :
)
ER
e Code Enforcement Board on lune 23, 2016, and the
, received evidence and heard argument respective to all
Order ofthe Code Enforcement Board, as follows:
l. Respordent, 12323 [TNION TRUST,property.
2. Responded was notificd ofthc date o and posting and the Code Enforccment
Board has jurisdiction ofthis matter
3. Respondent, havi
Shapiro, Esquire
ng beer duly notified, did app€ar ar the pobrrc liaring through its representative, Marc
,uaptes,rt F{})o589205 t3 (Legat: 4 52 2E A pARcEL4. The real property located at 12400 Union Road
OF LAND IN THE SE % AS DESC. IN OR 3 844, PG 2978 AND REFEREN CED AS PARCEL "A") is inviolation ofCollier County Code ofLaws and
-23 l(l2xi), 22-23 l(l2xc) in the foltowing panicutars
Ordinances, Chapter za(frru)te
J
VI, Section(s) 23-23 I ( I 2Xb),
22
Roof in disreprir, windows and doors missirg snd/or brokeni er
The violation has not been absted as ofrhe date ofthe hearing.
ORDER
tert3y lr.iu disrepair.
,, l.'-.)1 I
_. !,9{-upon the foregoing Findings ofFact and Conclusions oflaw, and pursuant to the authority granted in
chapter 162, Florida statutes, and collie. county ordinance No.2oo?-44, as ame;ded, il is hereuy onoEiro:
A Rcspondert k found guilty ofviolating Collier County code ofLaws and Ordinances, Chapter 22, Arricle vl,
Section(s) 23 -2 3 I ( I 2)(b), 22-23 t(t2)(t\, 22-zj t (t2)(a)
B. RcspoDdent must abate the violation by repairing any crack, holes, breaks or loose and roning material fiom
exterior walls Repairing or replacing broken or missing windows and doors. Rcpairing damiged roofand
soffit. obtairing atl required colier county Building pcrmir(s), demotition permit(s), iispectiJns and
Certificate ofCompletion/Occupancy for the repair or dcmolition ofthe stucture oo or before June 2g, 2016
or 8 line ofJl50.00 pcr day will be imposed for each day the yiolation remains thereaft€r:
THIS CAUSE came on for
Code Enforccment Board,having heard
appropriate matters, hereupon issues its
5.
F
c Ifa boarding certificate is obtained a,,d alr openings Io the stsucture thst have access to the first floor, astaircases.and doors ar- e boarded to prevcnr entry to the stairwer and structure on or before June 2g,2016,
then thc timc requircd to complete the rcpairs, or demolilion, inspections, and Certificate ofComplction/Occupancy will be extendcd to and must be completed by Decembcr 20, 2016, or a llDe ofSl50,00 pcr d8y will be imposed for each day the violation rimains thereafter.
The Respondent must notiry the Code Enforcement Investigator when the violation has been abated in oderto conduct a ftnal insPection to conlirm abatement. tf Respondent fails to compty with this Order, the CollierCounty Code Enforcement Dcpaltnent may abate the viol;tion using any method to brlng ttre vioiation lniocomplianc-e. Ifneqessary, rhe county may request the services ofthicoirier county she;iffs oflice for theprupose of access/hg the prop€rry for abatement. Al costs of abarement shar be assessed against the
Woperry. / I )./
Rcspo-ndent fs oFredlto pay operational costs for thc prosecurion ofthis case iD the amount of $67.1 I oror Dcfore July 211ry6\
,
Respondenrs sharr no;idrt# Code Enforcement Investigator ofthis case within 24 hours of abatement orcomplance so that a tinal inspection may b€ performed to confirm compliance.
D
E
DONE AND ORDERED lf,.Iri ar of $-4Al- . 20t6 st Co[i$ Courty, Florids.
c)CODE ENFORCEMENT BOARD
COLLIER COINTY,
,B
l
bcfore mc thi
Enforcement
o has produced a
orth
ap Florida 34104
Drive
County, Florida, who is
's License as identification.
,.<
auSTATEOFFLORIDA )
)SS:
couNTY oF coLLtER)
The foregoing instrumsnt was acknowledged
2016r!y Robert Kaufrnur, Chair ofthe Code/ personally knowl to me or wh
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and conect copy ofthis ORDER has been sent by U. S. Mail to 12323 UnionTrust,2800 Davis Blvd., #200, Napl eg, FL 34104 and a courtesy copy to Marc Shapiro, Esquirc, 720 Goodlette Road
2016N., Suite 304, Naples,FE 34102 this erf'^iav or
Code En
oR 5290 PG 3462
of the appealing pany
not automatically stay
KEFRY AOAITSr Y ColtlfrflssloN I FF 13921
My commission O(P|RES. rry8,2018
8c'qi l]rtu 8u$r irdrry 6!ryic:
PAYMENT OF FTNES:Any fines ordered to be paid pursuant to this Order the Collier County CodeEnforcement Department,2E00 North Horseshoe Drive, Naples,FL 34 t04,252-2440, Website:www,colliergov.net. Any release of lien or confirmation of compliance or the satisfaction of theobligations ofthis Order may also be obiaiDed at this location.
APPEAL: Any aggrieved pafy may appeal a linal order ofthe Board to the Circuit Coui (30) days ofthe exccution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall to appellatereview of thc record created within the original hcaring.It is the rcsponsibility to obtah atraDscrib€d rEcord ofthc hcaring from the Clerk ofCourts.Filing an Appeal will the Board's
Order.
*** oR 5290 PG 3463 *rr
,2
()._/
,,. )
(t
-){\
,//,... ).
I
stal6 0l Flo{ida
Conly of COLllEff
IHEREBY
correcl copy of
Eoard [4inutes
CLEhK OF COURIS
I
E,
trc.-
.- a /
/'\', f ..J t"t a''.) .'./)l-.,t\t,,/ /.
,.2,,.,,// . ,,
,,, )/../,./' ./ ,r,
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ulv O(€
June 23,2016
MR. MASTROCOLA: I think so, yeah. And we did talk about if
wgl
see 's going on. And if I need a little bit more time, he said
getting to that point and -- you know, I'll call him and have hi
shoul
time.
C
Board? Any motions from the Board?
MR. LAVTNSKI: Make a motion to accept
written.
CHAI
second?
be a problem. But I think i20 days is a sufficient unt of
KAUFMAN: Okay. Any commen m the
est ipulation as
KAUFMAN: We have otion. Do we have a
MR. MARIN I'll second it.
CHAIRMAN UFMAN:. All those in favor?
MR. MARINO: Aye.
MS. CURLEY: Aye.
MR. LAVINSKI: A
CHAIRMAN KAU : Aye.
MR. L'ESPE A v
MR. ASHTON ye.
MS. ELROD ye.
CHAI KAUFMAN: Oppo d?
(No res se.
CHAI KAUFMAN: It carries an imously.
Go uc k.
M MASTROCOLA: Thank
)
N: Okay.
MS. ADAMS: The next case is from Letter C, He arings, No. 1,
Tab 1, Case CEPM20160004343,12323 Union Trust.
CHAIRMAN KAUFMAN: Okay. This is one ofthree cases,
right?
MR. LETOURNEAU: The first one -- they're related properties,
Page 12
June23.,2016
but they're -- the first case is a different folio number than the third
case, and we did withdraw the second case, I believe.
CHAIRMAN KAUFMAN: Okay. So we'll hear them
individually anyhow.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Your name, for the record.
MR. SHAPIRO: My name is Marc Shapiro. I'm the attorney for
the properties and also a trustee of one of the properties.
CHAIRMAN KAUFMAN: Okay. By the way, we don't need to
swear in attorneys. They tell me that they're trustworthy and they're
not supposed to lie, so...
MS. NICOLA: I was just going to ask you that, why you swore
the -- didn't swear the other guy in but then Mr. Shapiro -- maybe you
felt differently, like you needed to have him swom in for some reason,
maybe.
THE COURT REPORTER: I didn't swear him in.
MS. NICOLA: Oh, you didn't?
THE COURT REPORTER: No.
MS. NICOLA: Oh, okay. So he's fine.
CHAIRMAN KAUFMAN: That goes for you, too.
MS. NICOLA: I was sworn in at the beginning a long time ago.
CHAIRMAN KAUFMAN: Okay. Good moming, Steve.
MR. ATHEY: Good moming. For the record, Steve Athey,
Collier County Code Enforcement.
This is in reference to Case No. CEPM20160004343 dealing with
the violations of Collier County Code of Laws and Ordinances,
Chapter 22, Article VI, Properly Maintenance Code; Section
22-231(l2XB), 22-231(12XI), 22-231(12XC). The roof is in disrepair,
windows and doors are missing, broken, or damaged, and the exterior
walls are in disrepair.
This property is located at 12400 Union Road, Naples, Florida,
Page 13
June 23,2016
34114, and the Folio is 1058920513.
Service was given on April 21,2016. And I would now like to
present case evidence in the following exhibits: Eight photographs and
one aerial of the properly.
CHAIRMAN KAUFMAN: Has the respondent seen the
pictures?
MR. SHAPIRO: I have not.
CHAIRMAN KAUFMAN: Could you show them?
Do you have any objection to those pictures being entered into
evidence?
MR. SHAPIRO: No, only that I'd like to point out that the -- any
of the landscaping issues that are shown on there, I think we would
agree, have been taken care of.
MR. ATFIEY: I would agree; however, we're not addressing
landscaping issues here today.
CHAIRMAN KAUFMAN: Right. Okay. Do you want to show
us those pictures?
MR. ASHTON: We need a motion. Make a motion to accept.
CHAIRMAN KAUFMAN: Okay. We have a motion. And a
second?
MR. MARINO: And a second.
CHAIRMAN KAUFMAN: Okay. Allthose in favor?
MR. MARINO: Aye.
MS. CURLEY: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
Page 14
June 23,2016
CHAIRMAN KAUFMAN: It carries unanimously.
Okay, Steve.
MR. ATHEY: This particular structure is adjacent to the Port of
the Isle Hotel on a separate parcel and was historically known as the
staff quarters for the hotel.
On April, 20,2016, I made a site visit to the property to
photograph the violations such as the roof is in disrepair, broken,
damaged, or missing windows and doors and the exterior service -- or
surface is in disrepair also.
CHAIRMAN KAUFMAN: Can I stop you for one second.
You're talking about the entire building there in that picture?
MR. ATHEY: Correct.
CHAIRMAN KAUFMAN: Okay.
MR. ATHEY: On March 30,2016, I visited -- Supervisor Chris
Ambach and the Collier County Building Official, Jonathan Walsh,
visited the property to ascertain whether the building would meet the
requirements of a dangerous building, and the determination was that it
did not meet those requirements.
THE COURT REPORTER: Can you slow down?
MR. ATHEY: Slow down?
THE COURT REPORTER: Yes.
MR. ATHEY: On April22,2016,l visited the Premier
Properties, the office of Trustee Gordon Henke. Although Mr. Henke
was not in the office at the time of my visit, I met with his office
manager, Ms. Kris Martinelli, who didn't want to sign the notice of
violation but accepted a copy and stated she would forward it to Mr.
Henke.
As of yesterday, the violations remain on the property.
CHAIRMAN KAUFMAN: Is this properly opened up where
some kids could get into it?
MR. ATHEY: Absolutely.
Page 15
June 23,2016
CHAIRMAN KAUFMAN: So it's a safety --
MR. ATHEY: It would be considered a safety concem.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: Is it a multifamily building?
MR. ATHEY: It's three-story building -- three stories? It was
commonly known as the -- or historically known as the staffquarters
where the staff for the hotel stayed.
CHAIRMAN KAUFMAN: Okay.
MR. ATHEY: Staff that worked at the --
CHAIRMAN KAUFMAN: Two stories.
MR. ATHEY: Is it two?
CHAIRMAN KAUFMAN: Yeah. Unless you have a story
underground.
Okay. So this has access to the street, road, parking lot, whatever
it is there, for anybody to waltz in.
MR. ATHEY: Correct.
CHAIRMAN KAUFMAN: And has there been any evidence of
anybody getting into it?
MR. ATHEY: Well, the Sheriffs Department representative is
here today and can testify, if allowed, as to the activity that goes on out
there.
CHAIRMAN KAUFMAN: I think this would be the time for
him to come up and be sworn, or her. Depends who has the biggest -- I
see you have a firearm on your hip.
MS. CURLEY: She wins.
(The speaker was duly swom and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Your name, for the record.
CORPORAL BOYLAN: I am Corporal Susan Boylan.
CHAIRMAN KAUFMAN: Okay. And you visited this
property?
CORPORAL BOYLAN: I visit this property every day that I
Page 16
June23,2016
work, at least twice a day.
CHAIRMAN KAUFMAN: Wow. And what's going on there?
CORPORAL BOYLAN: Okay. My initial report was in early
October of 2015 is when I first noticed one of the doors broken off of
the properly. I do need to correct that this is the hotel that I'm talking
about, not the barracks building that he was talking about earlier.
MR. SHAPIRO: This is a separate property with a separate
owner, so I don't want to confuse the two.
CHAIRMAN KAUFMAN: Okay. This particular properry that
we have the pictures of.
CORPORAL BOYLAN: Okay. This particular property there is
activity in where people go into that building. I do not monitor that
building as closely as I monitor the main hotel because the main hotel
seems to be the "in" thing for this current time.
So there is evidence, and there is definitely people that have been
in the barracks building. I have personally not caught anybody in the
barracks building; only in the hotel.
CHAIRMAN KAUFMAN: Okay. And as far as you know the
people that are in the barracks building should not be there?
CORPORAL BOYLAN: No, they should not be there.
CHAIRMAN KAUFMAN: Okay. Are they kids? Are they
adults?
MR. L'ESPERANCE: The doors are not secured?
CORPORAL BOYLAN: No, it is not secured.
CHAIRMAN KAUFMAN: It looks like the doors are missing,
so...
MS. CURLEY: Is there evidence in the building of behavior?
CHAIRMAN KAUFMAN: Is it a drug house?
MS. CURLEY: Sleeping there, I mean --
CORPORAL BOYLAN: I can't say that it's a drug house. I do
know that there have been squatters in there before. There is -- there is
Page 17
Iune 23,2016
definitely evidence of people being in there. I don't know if they're
drug users orjust transients going back and forth.
CHAIRMAN KAUFMAN: Okay. Steve, do you have anything
else on this case?
MR. ATHEY: I do not.
CHAIRMAN KAUFMAN: Okay. You notified these -- the
owners of this property? They've been properly notified?
MR. ATHEY: Correct. I personally served the trustee, attomey,
Mr. Marc Shapiro.
CHAIRMAN KAUFMAN: And has there been any activity as to
plywood enclosed (sic) the openings or --
MR. ATHEY: No, sir.
MR. SHAPIRO: Hold on one second. Again, I think we're
confusing properties. I am not the trustee of this property.
MR. ATHEY: Oh, my apologies. He is correct. The trustee is
Mr. Henke, who is here today.
CHAIRMAN KAUFMAN: Okay.
MR. ATHEY: Who I went to his office to serve the notice of
violation. He was not present, but I mailed a copy, certified and
regular, and posted the properly, and the courthouse, and brought a
courtesy copy to his office and Ieft it with his properfy manager.
CHAIRMAN KAUFMAN: Okay. All righty.
I guess we're up to you, sir.
MR. SHAPIRO: Sure. And Mr. Hanke is here present if he
needs to testifr. But this and the other one that we'll be discussing is
kind of a complicated situation. But I want to make sure we're not
confusing the two properties because the hotel, there is evidence that
people have broken in. To my knowledge, there is no one that has ever
broken into the barracks.
The barracks has a steel door on it. It's not even boarded up. It's
a steel locked door. The only way anyone could ever get in this
Page 18
June 23,2016
property is by breaking and going through one of the windows. The
doors are not missing; am I correct? The doors are not missing on the
barracks property.
They are confusing the hotel property, which is adjacent to the
barracks property, which the door is missing. But, again, I think we're
confusing the two properties.
So I think the sheriffs testimony is correct with regard to the
hotel. That's a separate legal description with a separate owner.
CHAIRMAN KAUFMAN: And a separate case.
MR. SHAPIRO: Yes, and a separate case.
MS. CURLEY: Well, let's talk about this case.
CHAIRMAN KAUFMAN: Okay.
MR. SHAPIRO: Yes. All right. So let's talk about this case.
So if we're talking about this case, I don't think any of the
testimony by -- from the Sheriffs Office is true with respect to this
properly. It may be true with regard to the other.
MR. ASHTON: Excuse me. Kerry, there's a picture of an open
stairwell. And you're saying this building is secured? I saw a picture
with an open stairwell that people could get in.
MR. LETOURNEAU: Well, if you see the picture up there right
now, the windows, I mean, anybody could climb through.
MR. ASHTON: Yeah, but I mean --
MR. SHAPIRO: Yes.
MR. ASHTON: Yeah, that picture, yeah. I mean, that's -- you
know, you've got right there, people can get up. And there's no railing.
Somebody could get injured. This is a health-and-safety violation.
MR. SHAPIRO: Yes. But that -- even if -- that was there from
the beginning of time, that -- I mean, that's -- it's an outdoor stairwell.
MR. ASHTON: Where's the rail? Where's the protection off that
landing?
MR. SHAPIRO: Okay. So let me go in and explain a little bit
Page 19
June23,2016
about this situation.
MR. ATHEY: Mr. Chair?
CHAIRMAN KAUFMAN: Yes.
CORPORAL BOYLAN: That bottom door is not there. I was
there two days ago. That door is not there on the bottom.
MS. CURLEY: Thank you.
CHAIRMAN KAUFMAN: Okay.
MR. SHAPIRO: Okay. My client purchased this property at a
foreclosure sale.
CHAIRMAN KAUFMAN: Do you know when he purchased it?
MR. SHAPIRO: I don't off the top of my head.
MS. CURLEY: November 19,2015.
MR. SHAPIRO: Okay. There was a situation where it was
purchased, let go, and then repurchased, so my client could probably
answer that question better than I could.
So this property has been like -- in this state for about the last 20
years. When they purchased the property, they are trying to put a plan
together to develop this property along with the hotel property, and it
would be extremely expensive to knock this place down and even -- at
this time until the plan is in effect and even more expensive to put it
into habitable condition.
I thought -- because I had spoken with the Code Enforcement, I
thought we had come to an agreement that what's, I guess, referred to
as a boarding agreement where my client was going to agree to board
the place up and give them six months time to either develop a plan to
tear the place down within six months or, in the altemative, to fix it. I
thought that was our agreement, that we had entered into a boarding
agreement.
MR. LETOURNEAU: Can I get sworn in, please?
(The speaker was duly swom and indicated in the affirmative.)
MR. LETOURNEAU: I believe what I stated was that if you
Page20
June 23,2016
were found in violation, that's what the county would recommend as
one of the recommendations, that boarding would be possible to buy
some time for the owner to repair the building. We don't have the
authority to agree to something like that unless the Board makes a
decision.
CHAIRMAN KAUFMAN: Typically, the Board, in a case like
this, would require this building to be boarded up now, not next week.
MR. SHAPIRO: Oh, no. We're not talking about next week.
CHAIRMAN KAUFMAN: Okay. No, I'm saying if it's a safety
and -- if we determine that it was a safety-and-health indication, that
would be required immediately. So just to mention that, along to what
Jeffhad said.
Okay. So continue.
MR. SHAPIRO: No, I didn't mean that we would board it up in
six months. I meant we would board it up now --
CHAIRMAN KAUFMAN: No,I understand. I understand.
MR. SHAPIRO: Okay. So I guess with respect to this property,
the only thing I can say is that it was in this condition. [t's been in this
condition for the last 20 years. It seems like right after my client
bought it, then they started, you know, getting some, I guess, issues
from Code Enforcement.
We're trying to work with them, but in the meantime we're also
trying to put up a plan where this will eventually get knocked down.
And so, you know, we didn't -- I guess they didn't act as diligently
because from their perspective it's a very, you know, thin deal to begin
with. When they -- they didn't want to put a lot of money into fixing a
place that's basically a teardown.
CHAIRMAN KAUFMAN: Okay. Do you have any questions of
the county or the sheriffl
MR. SHAPIRO: I don't have any questions of the county or the
sheriff. I mean, I don't know if -- Gordon, if you want to speak as to
Page2l
lune23,2016
the doors on the -- no. Okay. No.
CHAIRMAN KAUFMAN: Okay. And do you have any
questions of the respondent?
MR. ATHEY: I do not, no, sir.
CHAIRMAN KAUFMAN: Sheriffl
CORPORAL BOYLAN: No, I do not.
CHAIRMAN KAUFMAN: Okay. So with that, we'll close the
public hearing, and the Board can discuss where we can go from here.
MR. LAVINSKI: Mr. Chairman?
CHAIRMAN KAUFMAN: Yes.
MR. LAVINSKI: I'm a little -- still confused over Item No. 2,
description of the violation. It says roof in disrepair, windows and
doors missing or broken, and exterior walls in dis -- is that -- the
condition of this building -- I didn't see a picture of a missing door or a
window.
MR. ATHEY: There are photographs of --
MR. L'ESPERANCE: I saw the broken windows.
MR. ASHTON: Broken windows.
MR. ATHEY: -- broken windows. The door is now -- when I
originally made the site visit, the door was unsecured, meaning I could
just open it.
MR. LAVINSKI: Okay.
MR. ATHEY: As of her visit yesterday or --
CORPORAL BOYLAN: Two days ago.
MR. ATHEY: -- two days ago, that one particular door is now
off the hinges.
CHAIRMAN KAUFMAN: Okay.
MR. LAVINSKI: All right. So that description of violation is
accurate?
MR. LETOURNEAU: Correct.
MR. LAVINSKI: Thank you.
Page22
lune 23,2076
CHAIRMAN KAUFMAN: Any other comments from the
Board?
Qrlo response.)
CFIAIRMAN KAUFMAN: By the way, even though this has
been in existence for a hundred years, it doesn't change the fact of
today. And the Board, if we find this thing in violation, we'll talk to
what the remediation could be. But the first thing we need to do, if
there are no more comments from the Board --
MR. L'ESPERANCE: I do have one, please.
CHAIRMAN KAUFMAN: Go ahead.
MR. L'ESPERANCE: Steve, you said that the hotel is not
occupied also?
MR. ATHEY: Correct.
MR. L'ESPERANCE: So there's no people on site for
supervision or security?
MR. ATHEY: I think there's transient --
CORPORAL BOYLAN: There's transient people.
MR. ATHEY: -- people in and out.
MR. ASHTON: Nobody from the owners is there? He has
nobody?
MR. ATHEY: No one living in the dwelling.
CHAIRMAN KAUFMAN: It's not fenced to secure it?
MR. ATHEY: It's not fenced. It's unsecure.
MR. L'ESPERANCE: Thank you.
MR. ATHEY: Anyone or anything can come in and out as they
please.
CHAIRMAN KAUFMAN: Okay. Any other questions from the
Board?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, does -- anybody like
to make a motion whether this is in violation or not?
Page23
MR. ASHTON: I make a motion that this is in violation.
MR. MARINO: I'll second it.
CHAIRMAN KAUFMAN: We have a motion and a second.
Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MS. CURLEY: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. So we found it in violation. Now, where do we go from
here? Do you have a suggestion for us?
MR. ATHEY: I do.
CHAIRMAN KAUFMAN: Okay.
MR. ATHEY: That the Code Enforcement Board order the
respondent to pay all operational costs in the amount of $67.11
incurred in the prosecution of this case within 30 days, and abate all
violations by:
One, repairing any cracks, holes, breaks, or loose and rotting
materials from the exterior walls, repairing or replacing broken or
missing windows and doors, repairing damaged roof and soffit,
obtaining all required collier county building permits, inspections,
and certificate of completion or occupancy to restore the strucfure
within blank days of this hearing, or a fine of brank per day will be
imposed.
Page24
June 23,2016
June23,2016
And number two, the respondent must notii/ 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 Sheriffs Office to enforce the
provisions of this order, and all costs of abatement shall be assessed to
property owner.
CHAIRMAN KAUFMAN: Okay. And I would recommend that
we add a number three to this or one-and-a-half where any opening
that has access be boarded, and that be done soon.
MR. MARINO: Immediately.
CHAIRMAN KAUFMAN: "lmmediately" is a good word.
Thanks, Tony.
So let's have some discussion from the Board on where we go
from here.
MR. L'ESPERANCE: Just a small procedural comment. The
second word, of course, should be a-n-y.
MR. SHAPIRO: And, Mr. Chairman, if I may comment on this
also.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
MR. LAVINSKI: Mr. Chairman, I was just wondering, if the
respondent's agent or attorney here has said that their intent is to tear
this down, do we want to leave the recommendation that we patch
cracks and holes, or is it an issue ofjust boarding up the place and let
his process take place to tear the building down rather than spend
zillions of dollars in fixing roof leaks and all this jazz if he's admitted,
which I think he has --
MR. SHAPIRO: Yes.
MR. LAVINSKI: -- that the building's going to be tom down.
Page25
June 23,2016
CHAIRMAN KAUFMAN: It should be an option for the owner
of the property to do this or take the building down.
MR. MARINO: Have they even applied for a demolition permit
if that was their intention?
MR. SHAPIRO: No, we have not. It was not our intention to do
it right now because we're in kind of negotiations on what we're going
to do. But we can apply for a building permit now.
I guess what -- it eventually will be tom down. The question is,
how can we deal with what -- the condition it's in now immediately.
And I would submit that even the roof -- the roof is not leaking, to the
best of my knowledge. There's just some roof tiles missing.
And I saw in the recommendation to replace all the windows. I
thought what we discussed was to board up all the windows, because
replacing all the windows in a place that's going to get torn down can
get very expensive.
CHAIRMAN KAUFMAN: I agree with you.
MR. LETOURNEAU: Can I make a suggestion?
CHAIRMAN KAUFMAN: Yes.
MR. LETOURNEAU: We wrote this recommendation before I
had a meeting with Mr. Shapiro, and I did discuss -- and we have in the
past had a part two of this where they could obtain the Collier County
boarding certificate, board the structure, and then the certificate's good
for six months. That would buy them enough time to, you know, at
least make a decision on whether to get this thing torn down or to
repair it. Obviously, they want to tear it down, so -- and we've done
many of those in the past.
CHAIRMAN KAUFMAN: That paragraph could be added here?
MR. LETOURNEAU: Yeah, parttwo, I would say, obtain a
Collier County boarding certificate within whatever days you give
them, and then when the -- when the boarding certificate expires after
six months, after they obtain it, then they would be on the clock to, you
Page26
know, do something with that thing.
CHAIRMAN KAUFMAN: Okay.
MR. MARINO: Do you have any idea how long it would take
them to get that permit to board it up, how much time they're going to
need?
MR. LETOURNEAU: To get it boarded up? Oh, they'd
probably have to get all the windows. I don't know.
CHAIRMAN KAUFMAN: Not to actually board it but to get the
permit.
MR. LETOURNEAU: Oh, to get the permit. They come down
to Collier County Code Enforcement, they fill out a form stating that
this is what they plan to do with the structure, and we issue them a
six-month boarding certificate at that time.
CHAIRMAN KAUFMAN: Chris was coming down to help you
out.
MR. LETOURNEAU: It's,like, l0 minutes.
CHAIRMAN KAUFMAN: Okay. So that -- 10 minutes to get
the boarding permit, and then how much time does the Board think we
should grant to get it boarded up?
MR. MARINO: I think Jeff said the permit was good for how
long?
MR. LETOURNEAU: Six months.
MR. ASHTON; I think we should give them five days to board
it. I mean, I'm looking at some of those pictures. I mean, somebody's
going to get hurt. Kids go over there and play and stuff like that.
Somebody's going to get injured, and there's going to be a major
problem.
MR. SHAPIRO: Just so you know, there's no houses around
there for miles.
MR. ASHTON: It doesn't matter. I mean, kids will travel miles.
And I also think that we should mandate that it should be a -- the place
Page27
June 23,2016
June 23,2016
should be fenced in.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: Can we -- oh, all right.
CHAIRMAN KAUFMAN: Let me get to the other comments on
the Board. Do you have any comment?
MS. CURLEY: I just have a comment about the realistic time
frame to hire a contractor to do that.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: It's something we need to be considerate of --
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: -- and wondering if the owner has already looked
into that if you bought this property a while ago. I mean, they knew it
was the condition that it was in when he purchased. Was he going to
sort of tidy it up and secure it for his own investment purposes?
CHAIRMAN KAUFMAN: My concern is that this has been
going on since they purchased the property in November, and to
extend it out too long would not be fair to the public.
MR. SHAPIRO: Honestly, this property is too far gone. It has
been vacant for at least the last two decades. So it's really a teardown.
I mean, there's --
CHAIRMAN KAUFMAN: Okay. You know, I understand that.
What we're trying to figure out is what is the proper time to get the
building boarded up. You probably can't have it boarded up by
tomorrow morning, but sometime between tomorrow morning and
sometime in the future it needs to be done. And that's what we're
discussing now; if somebody would like to make a motion to that
effect or throw a date out, and we can discuss it.
MR. ASHTON: Like I said, originally, I mean, this -- if you look
at the pictures and you said, well, there's no homes around there. But
you know how kids will get. And somebody's going to get hurt, and
then there's going to be a major problem with it. I figure -- I think five
Page 28
June 23,2016
days, that that place should be boarded up or fenced in.
CHAIRMAN KAUFMAN: Okay. Any other comments on the
dates?
MR. L'ESPERANCE: Is that a motion?
MR. MARINO: Bob, are you talking about from the time they
pull the permit?
MR. ASHTON: I'm talking about when they get the permit and
they're saying they can have the permit within a day or two.
MR. MARINO: They can get it today.
MR. LETOURNEAU: They can come and get it today if they
wanted to.
MR. ASHTON: Five days from when -- I make a motion that
there be -- building be secured, boarded up, whatever, and a fence
erected within five days of obtaining the permit.
CHAIRMAN KAUFMAN: Let me comment on the fence
portion. I think if it's boarded up, that might be sufficient. To fence
this whole properly at this particular time might be asking for too
much.
MR. ASHTON: Boarded up within five days of receiving the
permit.
MR. LETOURNEAU: Well, how about -- because that would --
how about obtain the permit and board within five days because if --
CHAIRMAN KAUFMAN: Yes. Yeah, because they could wait
a month to get the permit and then --
MR. LETOURNEAU: Exactly.
CHAIRMAN KAUFMAN: So that's just the wordsmithing on
that.
MR. SHAPIRO: If I can comment. And I don't know, but there's
a lot of windows on this place. I don't think there's any issue with us
beginning the process within five days, but I don't -- I'm not sure if it
can physically be completed. I mean, we're talking maybe 50
Page29
June 23,2016
windows.
MR. L'ESPERANCE: I believe, perhaps, the intention is to board
the first level only.
MR. ASHTON: Yes, the -- yeah.
MR. MARINO: Have you been talking to any contractors about
getting that done?
MR. SHAPIRO: I have not, but the trustee is in the audience. I
can't speak for him.
MR. MARINO: Well, what I'm trying to say is has he secured a
contractor with the intentions of boarding up?
MS. CURLEY: He's not talking.
I make a motion.
CHAIRMAN KAUFMAN: Hold it. We have a motion on the
floor right now. One motion at a time. You say five days.
MR. ASHTON: Five days.
CHAIRMAN KAUFMAN: That entails getting the permit --
MR. ASHTON: Permit and boarding --
CHAIRMAN KAUFMAN: -- having it boarded up --
MR. ASHTON: -- the entire first floor.
CHAIRMAN KAUFMAN: On the first floor.
MR. MARINO: I'll second it.
CHAIRMAN KAUFMAN: Okay. Let me continue until we get
to the end of this.
And then you have to fill in the blanks; within five days. That's
just for this one new paragraph that we're putting in. Going back to
Paragraph l, we need to fill in the blanks there where it says,
certificate of occupancy, et cetera, et cetera, within blank days, or a
fine of blank dollars per day will be imposed.
Now, if they get the ability to board it up, they're buying
themselves six months. After six months, if everything holds, and we
put in there six months is the amount of time, 180 days, and the fine
Page 30
June 23,2016
would be X amount of dollars. Let me just take a quick look at my
guideline for fines. It probably falls between 100 and $200 a day.
Your call.
MR. ASHTON: And so I'll fill it in that, on the one, you have
180 days, and a fine of $150 a day will be imposed.
CHAIRMAN KAUFMAN: Okay. So let me just summarize.
Thirty days to pay the 67.11; the structure will be, as to Paragraph l,
that's I 80 days, six months, or a fine of $ 150 a day; and then the new
paragraph that's not on here is that the respondent will obtain a
boarding permit and board the first floor windows and door within five
days.
Now, my only concem with that is, and you pointed it out, Mr.
Ashton, that there's a stairwell going up to the second floor. So that
door should be boarded in one face or another. I don't think anybody is
going to -- unless it's Spiderman to go along to those windows on the
second floor.
MR. ASHTON: Yeah.
CHAIRMAN KAUFMAN: But that -- I'd include that door as
well. Okay.
MR. LETOURNEAU: I just want to point out also, just for the
record, that the boarding certificate's like a -- it's like a Band-Aid
putting these boards on, because the violation still remains; six months
later we're back to where we are here. So they still have the property
maintenance issues underneath these boards.
So they have to eventually either tear this building down or fix the
property maintenance violations.
CHAIRMAN KAUFMAN: That's Paragraph l.
Okay. So -- all right.
MR. ASHTON: Yeah. But their intent, he said, within six
months they're going to either tear it down or start fixing it, so we're
giving them the option.
Page 3l
MR. LETOURNEAU: Very well.
CHAIRMAN KAUFMAN: So they're both covered. Paragraph I
covers what happens to the building. The -- putting up the protection
on the windows and the door, that buys them that six months. Okay.
So we have the motion. [s everybody clear on that motion?
MS. CURLEY: I just have one question.
CHAIRMAN KAUFMAN: SuTe.
MS. CURLEY: Somebody had said that their intention was to
have this building demoed in six months. Was that accurate?
MR. SHAPIRO: Well, the intention is to have it demoed. If we
have to do it in six months, which it sounds like we have to, I mean,
then we'll have to deal with that. In fact, I thought, and I would like
there to be, an alternative active that opposed to boarding it up, if we
could get the demo permit and start demoing it immediately, that that
at least be an option.
MR. ASHTON: Originally you said you didn't know what you
were going to do. It would take six months to either figure you were
going to fix it or demo it. Now you're saying you're going to demo it?
Changing what you're saying?
MR. SHAPIRO: No. I didn't say we were going to -- I say I'd
like that to be an option. If we determine that it's --
MR. ASHTON: Well, you've got the option with 180 days. You
can --
CHAIRMAN KAUFMAN: You can fix it before that.
MR. ASHTON: Right now we want it secured.
MR. SHAPIRO: Okay. So if we find that we can tear it down
within the next week, let's say, we could do that as opposed to
boarding up the windows?
CHAIRMAN KAUFMAN: Yeah, that would meet it. You don't
have to board a building that's not there. Okay.
MR. LETOURNEAU: You could just put, "obtaining all required
Page32
June23,2016
June 23,2016
building or demolition permits" in the first part right there and cover
that.
CHAIRMAN KAUFMAN: If you get a demo on the building, a
demo permit for the building, and you go back to Code Enforcement
and say, I'm taking the building down, I can't take it down in five days,
as the order says, but I can take it down in eight days, I'm sure that
something can be worked out.
MR. SHAPIRO: Okay.
CHAIRMAN KAUFMAN: Okay. You agree, Jeff?
MR. LETOURNEAU: Definitely, yeah.
CHAIRMAN KAUFMAN: So you have the ability to do what
you want to do. We have, with this motion, protected the public the
best that we can, and we'll get movement on this one way or the other.
Are there any other comments on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MS. CURLEY: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Are you going to be here for the next, Mr. Shapiro?
MR. SHAPIRO: Yes.
CHAIRMAN KAUFMAN: You're going to be for the next one,
okay.
MS. ADAMS: The next case is No. 3, Tab 3, Case
Page 33
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Operational Costs (CEB)
Cashier Name:
Batch Number:
Entered By:
2016338915
2016-045553
07 /26/2016
$67 .Lt
Pavment Method
Check
Reference Number
cEPM20160004343
MartinRuedy
5504
KerryAdams
Amount Paid
$67.11
Check Number
13652
$67.11
$0.00
PREMIER PROPERTY MANAGEMENT
2800 Davis Blvd
Naples, FL 34104
Oriqinal
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$67.11
Amount
&id
$67 .tt
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111- 138911-354400
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Detail by Officer/Registered Agent Name
Florida Profit Corporation
PREMIER CONSULTING ENTERPRISES, INC
Flling lnformation
DocumentNumber P1300009319
FEUEIN Number 46-4113563
Date Filed 1'111512013
Effective Date 111'1512013
State FL
Status INACTIVE
Lasl Event ADMIN DISSOLUTION FOR ANNUAL REPORT
Evenl Date Filed 0912212017
Event Effective Date NONE
Principal-.tklrke9s
28OO DAVIS BLVD
#201
NAPLES, FL 34104 UN
Mailing Address
28OO OAVIS BLVD
#201
NAPLES, FL 34104 UN
Begistsred Agent Name & Address
JONES, JAMES J
28OO DAVIS BLVD
#200
NAPLES, FL 34104
Offi cer/Director Detail
Name & Address
Title P
JONES, JAI\,4ES
28OO DAVIS BLVD #2OO
NAPLES, FL 34104 UN
Title VP
DEPAOLA, MICHAEL
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResuhDetail?inquirytype=OflicerRegisteredAgentName&direclionType=lnitial&searchName... 1/2
7t19122. 4t22 PM Detail by Offcer/Registered Agent Name
28OO DAVIS BLVD #2OO
NAPLES. FL 34104 UN
Annual Repells
Report Year
2014
2015
2016
Filed Date
02t05t2014
0111't 12015
04115t2016
Document lmagel
O4l1512016 .. ANNUAL REPORT
01111/2015 - ANNUAL REPORT
0205/2014 ,- ANNUAL REPORT
11/15/2013 - Domestic Pmlil
Vlew rnlagc rrr PDF formal
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