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CEB Minutes 07/25/2024 (Nuisance Abatement)July 25, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE NUISANCE ABATEMENT BOARD Naples, Florida, July 25, 2024 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:03 a.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate Sue Curley (Excused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board July 25, 2024 Page 2 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. Under Nuisance Abatement Board, No. 1, CENA20240005005, Richard Lash and Shirley Watson. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Is the respondent present? MR. MUSSE: No, sir. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. SERGEANT ROGERS: I do. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. Investigator Jonathan Musse, Collier County Code Enforcement. SERGEANT ROGERS: Sergeant Morgan Rogers with the Vice and Narcotics Unit representing the Collier County Sheriff's Office. CHAIRMAN KAUFMAN: Okay. Since the respondent is not here, why don't you proceed. MR. MUSSE: This is in reference to Case No. CENA20240005005 in dealing with the violations of Collier County Code of Laws and Ordinances, Chapter 9, Division 4, Section 2-2027, Subsection 2. The Collier County Sheriff's Office has received numerous complaints regarding suspected criminal activities on the property. The Sheriff's Office has made numerous arrests for criminal activity on this property and/or involving individuals residing at this property. July 25, 2024 Page 3 Arrests include for multiple drug-related offenses. The Sheriff's Office has asked Code Enforcement to pursue a public nuisance violation regarding this issue located at 3455 17th Avenue Southwest, Naples, Florida 34117. Folio number is 37984440005. Service was given on June 6th, 2024. On May 29th, 2024, Code Enforcement Manager Jeff Letoureau received an e-mail from Sergeant Morgan Rogers of the Collier County Vice and Narcotics informing him of the property, stating that the Sheriff's Office had answered 128 calls for service, conducted 32 arrests, and countless extra patrols of the residence at the request of the community. I conducted an initial inspection on June 4th, 2024, and observed several occupants at this location and informed them all of the nuisance abatement complaint and advised them if another arrest were to be made, the case will be prepared to be heard before the Nuisance Abatement Board. I issued the notice of violation on June 6th, 2024. Since the notice was issued, Sergeant Morgan informed us that two additional arrests were made, June 16th and 18th. At that time I prepared the case for hearing. At this time I'd like to introduce Sergeant Morgan Rogers to present additional evidence on this property. SERGEANT ROGERS: Good morning. CHAIRMAN KAUFMAN: Good morning. BOARD MEMBER FUENTES: Good morning. SERGEANT ROGERS: All right. So for over the last year, we've received numerous complaints at the location. The Sheriff's Office began investigating the location. Narcotics Unit also. We're aware of some of the individuals where previous individuals have -- with a previous drug arrest that were arrested -- that have been arrested previously. July 25, 2024 Page 4 But just to put it in perspective of the magnitude of the issues that the Sheriff's Office had at that location, there's been over 100 calls of service at that location from May 21st, 2023, through July 24th, 2024. Over 100 calls of service. That's -- that's a big volume. From January 1st, 2024, through July 24th, in the last seven months, there's been over 50 calls of service at that location. From November 1st, 2023, to July 24th, we've had approximately 34 arrests. Some of those arrests were made on the property and some -- a lot of them were made during surveillance where vehicles or individuals were observed going to the location, departing, and then subsequently arrested. The arrests range from fentanyl arrests, obstruction of justice, tampering with evidence, driving with no licenses, and other such crimes. This property is a magnet for criminal activity. Aside from the narcotics arrests and all the other types of arrests that occurred at the property, on May 8th, FPL disconnected the power at that location. Several days later, on May 13th, a major fire broke out behind the residence. There was an RV that, from what I understand, caught on fire, or the fire originated from that RV. The residents on the adjacent properties had to be evacuated due to the danger of the fire. The Sheriff's Office had to summon the Sheriff's Office helicopter with a Bambi bucket to attempt to assist in extinguishing the fire at that location. We had reports of generators being utilized, since there was no power at the location. Individuals living in tents, RVs. The house is being partitioned and rented out to other individuals. On June 4th, you know, Code Enforcement noticed the property. You know, we had brought this case up to the Code Enforcement Officer Musse and kind of basically alerted him of the complaints and the issues occurring at that property. After the -- within two -- about approximately two weeks after July 25, 2024 Page 5 the location was noticed, on June 16th, there was another arrest made on the property for battery, resisting arrest, obstruction of justice. Two days after that, the individual was observed leaving the property and arrested with fentanyl. On July 17th, approximately a week ago, a call for service was -- FPL responded to the location to the power pole where somebody tried to get two jumper cables and tap into the power again, and a fire resulted on the pole. FPL responded and disconnected the power. So this is an ongoing issue. We've arrested over 30 individuals. This is going to -- the arrests will be -- will continue, not only criminal activity, but we have an issue of the residents that we have a concern of. Fires continue. They've already disconnected the power, and they're adamant that they want more power on there. So this is a big, grave concern for the Sheriff's Office and the residents and, you know, we wanted to address that with the Board so we could declare this a nuisance abatement, I think, based on all the information that would fulfill that requirement. CHAIRMAN KAUFMAN: Okay. SERGEANT ROGERS: Thank you. CHAIRMAN KAUFMAN: Jonathan, the owner of this property is where? MR. MUSSE: Well, Mrs. Lash -- I'm sorry -- Watson, she is deceased. I was just told -- he just supplied me with an address for Mr. Lash. He hasn't been seen on the property, so this is the first that we've heard of him, that we can check a physical location. CHAIRMAN KAUFMAN: Okay. Well, to begin with, to see if a violation exists, anybody want to -- BOARD MEMBER ELROD: I'll make a motion a violation exists. BOARD MEMBER AYASUN: Second. July 25, 2024 Page 6 CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And, Jonathan, you must have a suggestion for us, I'm sure. MR. MUSSE: Yes, sir. The county recommends the Nuisance Abatement Board orders the respondent to pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this -- within 30 days, and abate all violations by: The respondent must abate all violations by vacating the premises of all occupants within seven days of this hearing. The property shall remain vacant for 364 days. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. The operational costs, Kevin, do they have to be paid within 20 days instead of 30 days? MR. NOELL: Yes, sir, 20 days after the order's recorded, pursuant to the nuisance abatement statute, or ordinance. July 25, 2024 Page 7 CHAIRMAN KAUFMAN: Okay. So the 59.28 needs to be paid within 20 days. As far as, do we have a single fine on this to begin with? The reason it's coming before the Board is so that we can have a record on this. I can't read that from here. MR. MUSSE: There's no civil penalty fee. CHAIRMAN KAUFMAN: Excuse me. MR. MUSSE: You're asking about a civil penalty fee? CHAIRMAN KAUFMAN: Yes. MR. MUSSE: There is no civil penalty fee on the nuisance abatement. CHAIRMAN KAUFMAN: Okay. If it comes back again, we can impose the civil penalty? MR. LETOURNEAU: Oh, yeah. We would definitely ask for a civil penalty; however -- for the record, Jeff Letoureau, Collier County Code Enforcement. We have numerous property maintenance cases right now that are collecting a lot of fines daily. I don't know if another civil penalty's going to, you know, make anybody come into compliance at that point, but we could definitely add it if it does come back. CHAIRMAN KAUFMAN: Has anybody tried to suggest that the house be boarded up? BOARD MEMBER FUENTES: Or demo it. MR. LETOURNEAU: Well, I think if we do get the people out of this structure, then the county will board it -- board it up -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- and put the abatement costs onto the lien. CHAIRMAN KAUFMAN: Okay. So anybody want to make a motion on this? (No response.) CHAIRMAN KAUFMAN: Hearing no, I'll do it. 59.28, the July 25, 2024 Page 8 operational costs, to be paid within 20 days, and a thousand-dollar-a-day fine commences after 30 days. Make that immediately and not 30 days. A thousand dollars a day starting tomorrow. BOARD MEMBER AYASUN: Or seven days. CHAIRMAN KAUFMAN: Seven days. Okay, seven days. You're okay with that, Kevin? MR. NOELL: Yes. Just for clarity, it will be -- the operational costs will start occurring 20 days after the order's recorded in the official records. CHAIRMAN KAUFMAN: Okay. That's what I tried to say. MR. LETOURNEAU: Did we get the notice on record? MR. NOELL: And then as part of that motion, notice was properly provided. CHAIRMAN KAUFMAN: Yes. This -- Helen. MS. BUCHILLON: For the record, respondents were notified regular and certified mail July 10th, 2024, and it was also posted at the property and courthouse July 11, 2044. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Second the motion. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. July 25, 2024 Page 9 Sergeant, do you think this is going to work this time, cut down your 100 -- SERGEANT ROGERS: I sure hope so. You know, we'll keep doing what we do on our side, and that's -- as Code Enforcement and we wait it out and see if they comply or it gets boarded up. CHAIRMAN KAUFMAN: Does this mean that should anybody go into the house, let's say, after a week, that's -- they'll get arrested for trespass or -- SERGEANT ROGERS: The Sheriff's Office is prepared to arrest or -- based on the order, but that order -- that request has to come from Code Enforcement. CHAIRMAN KAUFMAN: Okay. Was that part of my -- MR. NOELL: And legally, as a matter of law, that -- the trespass should -- that's more of a circuit court issue, and that's more of an issue with the property owner himself. And I would advise the Board that's beyond the Board's purview to make that part of the order that -- of no trespassing, because then there comes in criminal law, and it makes it very muddy, so to speak. BOARD MEMBER FUENTES: I've got a question. At what point does it become possible for someone to obtain that property if it were to go for sale and then demo it? We're looking at a property that's considered a nuisance. MR. NOELL: And that would -- that's a great question. That would be, you know, through the normal process that this board has on, you know, submitting the properties for foreclosure and the County Attorney's Office making that decision on whether to foreclose or not, working with staff. CHAIRMAN KAUFMAN: The Clerk of the Court. BOARD MEMBER RUBENSTEIN: Mr. Chair, do we know if this property's homesteaded? MR. IANDIMARINO: If I may, Tom Iandimarino, Code July 25, 2024 Page 10 Enforcement director. The property is currently not homesteaded. It is a potential foreclosure property down the line, but we do have to do due process before we can do that process. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: Mr. Chairman? CHAIRMAN KAUFMAN: Yes, Bart. BOARD MEMBER BHATLA: The property is a public hazard because of fires, repeated fires. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER BHATLA: So the urgency is there to eventually board it. CHAIRMAN KAUFMAN: Right. The operational costs have to be paid in 20 days. The house has to be -- the situation in seven days or a thousand-dollars-a-day fine. I don't think we can get any more severe than that. And I'm sure that the Sheriff's Office will be on this immediately. This is more for having a record of the situation so that the Code Enforcement and the Sheriff's department can go further in resolving this. I'd hate to be the person who lives next door to this house. BOARD MEMBER AYASUN: Yeah, I was going to ask that. Are there neighbors? MR. MUSSE: Yes, there are neighbors. BOARD MEMBER FUENTES: It's actually down a very good street. MR. MUSSE: Once the property gets vacated, we will hire our contractors to board up the property, and usually that helps out with -- keep it vacated, and -- CHAIRMAN KAUFMAN: And mine the driveway or whatever. July 25, 2024 Page 11 MR. MUSSE: Yeah, yeah, exactly. CHAIRMAN KAUFMAN: Okay. Well -- MR. NOELL: And then -- so just for clarity, I don't believe there's been a vote on the motion yet, has there? CHAIRMAN KAUFMAN: Yes, we did. Terri, didn't we vote? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: There has. BOARD MEMBER BHATLA: There was a vote. MR. NOELL: There was a vote on it? Okay. BOARD MEMBER BHATLA: There was a vote. MR. NOELL: All right. Thank you. CHAIRMAN KAUFMAN: Jeff, you keep Kevin awake. Okay. Thank you. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Thank you. SERGEANT ROGERS: Thank you. CHAIRMAN KAUFMAN: I'd like to make -- I make a motion that the Nuisance Abatement Board be closed now. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:21 a.m. NUISANCE ABATEMENT BOARD O ERT KAUF N, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on /)(,0- 7?1/,,Zibk as presented y or as corrected . TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.