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CEB Minutes 09/23/2010 R September 23,2010 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida September 23,2010 LET IT BE REMEMBERED, that the Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Kelly Larry Dean (Excused) Ron Doino Robert Kaufman James Lavinski Gerald Lefebvre Lionel L'Esperance Tony Marino Herminio Ortega (Excused) ALSO PRESENT: Jean Rawson, Attorney for the Board Diane Flagg, Code Enforcement Director Jen Waldron, Code Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: September 23, 2010 at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAYBE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL Keuneth Kelly, Chair Robert Kaufman, Vice Chair Gerald Lefebvre James Laviuski Larry Dean Lionel L' Esperance Herminio Ortega Tony Marino, Alternate Ronald Doino, Alternate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES- A. August 26, 2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Fidel Jr. & Esperanza Alviar CESD2009001l176 2. Daysi Falcon, Caridad Jimenez & Barbara Jimenez CESD20090007837 B. STIPULATIONS C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLATION ADDRESS: CESD20090000870 RICHARD MERCER. JEFFREY & AMY MERCER INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1 0.02.06(B)(1 Ha) STORAGE BUILDING ON THE PROPERTY WAS EXPANDED WITHOUT PERMITS 45912400009 1260 17TH ST. SW NAPLES, FL CEPM20100007867 JOSEPH & MARIA RANGHELLI INVESTIGATOR JEFF LETOURNEAU COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231 (15) DIRTY GREEN POOL 56101040007 11169 LONGSHORE WAY W. NAPLES. FL CESD20090010435 KENNY BLOCKER & BARBARA BLOCKER INVESTIGATOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I PERMITS, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I, SERVICE UTILITIES, SECTION 111.1 A YELLOW TRAVEL TRAILER TIED DOWN WITH AN ADDITION CONNECTED TO UTILITIES(ELECTRIC, SEPTIC AND PROPANE GAS) WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 77120007 lOll BAKER ST. IMMOKAlEE, FL CESD20090010457 KENNY BLOCKER & BARBARA BLOCKER INVESTIGATOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I PERMITS, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.069B)(1)(a), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SERVICE UTILITIES, SECTION 111.1 WHITE SINGLE SIDE MOBILE HOME (OCCUPIED) ON THE NORTH SIDE OF 1017 W ALK1NG STICK LANE. THIS HOME IS IN AN EASEMENT DEDICATED FOR A RIGHT OF WAY AS DESCRIBED IN THE DEED (OR 1622 PG 1365) 77280002 1017 WALKING STICK LANE IMMOKALEE, FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CELU20100003428 REDLANDS CHRISTIAN MIGRANT ASSOCIATION, INC. INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 2.02.03 PROPERTY ZONE VILLAGE RESIDENTIAL BEING USED AS A COMMERCIAL PROPERTY WITH BUSES, TRAILERS, AND TEMPORARY STORAGE PODS MUTIPLE SHEDS AS STORAGE 81680040001 219 I Sl ST. IMMOKALEE, FL CESD20100003601 IGNACIO SO TO INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(1 lea) REPLACED COMMERCIAL ROOF WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING AND LAND ALTERATION PERMITS 00121800008 410 N 15TH ST.IMMOKALEE, FL CESD20l00000715 ALVIN E. WEEKS & ELIZABETH HANNAH MILLER INVESTIGATOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(e)(i) CONSTRUCTION WORK BEING DONE ON PROPERTY PRIOR TO OBTAINING A VALID BUILDING PERMIT 23370080009 3261 COTTAGE GROVE A VE. NAPLES, FL CESD20100007087 VLDC LLC. INVESTIGATOR AZURE SORRELS FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(1)(a) & 10.02.06(B)(1)(c)(i) LOFT/ MEZZANINE, STAIRS, AND ADDED ELECTRICAL WITHIN SHOWROOM HAVE BEEN CONSTRUCTED WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 70720040008 2909 DAVIS BLVD. NAPLES, FL CESD20090015950 DANIEL H. GUERRERO INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE H, SECTION 22-26(b)(104.5.1.4.4) PERMIT 2008120281 EXPIRED ON JUNE 3RO, 2009 BEFORE RECEIVING A CERTIFICATE OF COMPLETION 61780440000 3240 CALEDONIA AVE. NAPLES, FL 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens FOLIO NO: VIOLATION ADDRESS: CESD20090018220 EDWARD M. JR. & TAMMY HARRIS INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a) ADDITION OF FENCE, FOUR SHEDS, METAL CARPORT, CANOPY, LANAI, WOODEN DECK AND POOL WITH NO PERMITS 38228880003 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 5730 CEDAR TREE LANE NAPLES, FL B. Motion for Reduetion of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Oftiee as Refereneed in Submitted Exeeutive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - October 28, 2010 11. ADJOURN September 23, 2010 CHAIRMAN KELLY: Good morning. I'd like to call the Code Enforcement Board meeting to order for September, 2010. Notice: The respondents may be limited to 20 minutes of case presentation, unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted by the Chair. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person wishing to decide -- or decides to appeal a decision of the board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. May I have roll call, please. MS. WALDRON: Mr. Ken Kelly? CHAIRMAN KELLY: Here. MS. WALDRON: Mr. Robert Kaufman? MR. KAUFMAN: Here. MS. WALDRON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. WALDRON: Mr. James Lavinski? MR. LA VINSKI: Here. MS. WALDRON: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. WALDRON: Mr. Ron Doino? MR. DOINO: Here. MS. WALDRON: Mr. Tony Marino? MR. MARINO: Here. MS. WALDRON: Mr. Herminio Ortega has an excused absence, Page 2 September 23,2010 as well as Mr. Larry Dean. CHAIRMAN KELLY: Great, thank you. Are there any changes to the agenda? MS. WALDRON: Yes, there are. Under letter B, stipulations, we have three stipulations. The first will be Case CESD20090000870, Richard Mercer, Jeffrey Mercer and Amy Mercer. The second will be CESD200010000715, Alvin E. Weeks and Elizabeth Hanna Handapangoda. And number three will be CESD20100007087, VLDC, LLC. Under letter C, hearings, number three, Case CESD20090010435, Kenny Blocker and Barbara Blocker, has been withdrawn. Number four, Case CESD20090010457, Kenny Blocker and Barbara Blocker, has been withdrawn. Number five, Case CELU20100003428, Redlands Christian Migrant Association, Inc., has been withdrawn. Number six, Case CESD20100003601, Ignacio Soto, has been withdrawn. And that is all the changes that I have. CHAIRMAN KELLY: How about a motion to accept the agenda. MR. KAUFMAN: Motion to accept the agenda. CHAIRMAN KELLY: Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KELLY: Seconded from Mr. Lefebvre. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. Page 3 September 23, 2010 MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) MR. LEFEBVRE: Mr. Kelly? CHAIRMAN KELLY: Agenda's approved. MR. LEFEBVRE: Just as a point of reference, due to the fact that there's two regular members that are out, the alternate members have full voting rights, correct? CHAIRMAN KELLY: Right, both alternates do have full voting rights today. Very good. Thank you, Gerald. Also, we'll move on now to the approval of the minutes from our hearing August 26th, 2010. Are there any changes? MR. KAUFMAN: I have a question on the minutes. It was asked at another board meeting, as a matter of fact. If there are typos in the minutes, do they need to be corrected, or -- obvious typos. MS. WALDRON: I don't believe that the typos need to be corrected. MR. L'ESPERANCE: Are we talking about spelling or-- MR. KAUFMAN: No, used a different word. But it's an obvious. When you read it, you know what the correct word is. If I didn't mark the minutes up, but I did read them. MS. WALDRON: I can find out for sure, but I don't believe that they need to be corrected. MR. KAUFMAN: Okay, thanks. CHAIRMAN KELLY: In that case, is there an approval of the minutes? MR. KAUFMAN: Make a motion we approve the minutes. Page 4 September 23, 2010 MR. LEFEBVRE: Second. CHAIRMAN KELL Y: Motion and second. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELL Y: And the ayes have it. The minutes are approved. Moving on to four, public hearings/motions. We have a motion for an extension of time from Fidel and Esperanza Alviar. Are the respondents here? (No response.) CHAIRMAN KELLY: No. We have a letter in our packet. Looks like they're asking for more time. And according to the letter, it looks like it's a three-month extension. (Speaker was duly sworn.) MS. RODRIGUEZ: Good morning. CHAIRMAN KELLY: Hi, good morning. MS. RODRIGUEZ: They are not here today. The gentleman said that he couldn't make it because he had issues with leaving work regularly and he didn't want to get fired. But he is asking for a three-month extension. We have no objections. Page 5 September 23, 2010 The permit is in ready status with the permitting department, but he has not been able to gather the thousand dollars that they're charging him for the permit. CHAIRMAN KELL Y: Do you want to state your name for the record, just for Cherie'. MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. CHAIRMAN KELLY: Thank you. MR. KAUFMAN: Can you tell us the nature of the violation? MS. RODRIGUEZ: It is a roof over a mobile home, and it's got an extension, which is going to be like a shed. We're going to keep the washer and dryer in there. MR. KAUFMAN: I have a question regarding the letter that was written. It says that most of the work has been done, but they haven't gotten a permit. Which is in essence the same violation that they have. MS. RODRIGUEZ: It's permit by affidavit. The permit is by affidavit so the engineering and everything is good, it's in ready status. They've already looked at it. So once he gets the permit, all he has to do is take the paperwork to the structural people and they'll sign off and it's C.O.'d. So the engineer is saying that it is built to code. MR. LEFEBVRE: And I would assume that their date was August 24th that it was supposed to be corrected by. MS. RODRIGUEZ: Correct. MR. LEFEBVRE: And I would assume that they're asking for three months from today. MS. RODRIGUEZ: Correct. CHAIRMAN KELLY: Any further discussion? MR. LEFEBVRE: I make a motion to approve. CHAIRMAN KELLY: Motion to approve. Do we have a second? MR. KAUFMAN: Second. Page 6 September 23,2010 CHAIRMAN KELL Y: Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And they have a three-month extension from today. Great, thank you very much. Next case is going to be a motion for extension of time for Daysi Falcon, Caridad Jimenez and Barbara Jimenez. (Speaker was duly sworn.) CHAIRMAN KELLY: Okay, this one, it looks like they have decided to not seek further permits or approval to keep the addition. Instead they'd rather demolish it. And they're asking for six months to finish the demolition and remove all the debris from the property. MS. RODRIGUEZ: She had originally planned to permit it, but once she got the engineer to go look at it to permit by affidavit, because it was already an addition to the house, it required a lot of fixing, because it wasn't up to code. And in order to do that, of course it was going to be very expensive. So they decided to demo it. But because she ran out of time, now she's asking for another extension to remove the addition. CHAIRMAN KELLY: Does the county have any objections to the additional time? MS. RODRIGUEZ: We have no objection. There's no one Page 7 September 23,2010 living in the addition. It's vacant. MR. KAUFMAN: This thing was extended the last meeting, wasn't it? MS. RODRIGUEZ: Yes, it was, it was extended the last time she came. Because at the time she wasn't sure, yes, no, yes, no. Well, she finally got the engineer to go. They did ask her when she came in the last time whether she needed more time, and she thought that she was going to have it permitted by then. But then once she started seeing that it was too expensive, she said I can't do it, it's too much. MR. KAUFMAN: Was the $80.86 paid? MS. RODRIGUEZ: Yes, it's paid. CHAIRMAN KELLY: Any further discussion? MR. LEFEBVRE: They're looking for 180 days. I think that might be a little bit excessive, considering that she had -- is it nine months so far? The original order. We gave her three months back in June, and I'm looking to see what the original order was. The original order was I think six months. So we'd be going on 15 plus months. So I think that another 180 days would be excessive. I think three months would be sufficient. MR. KAUFMAN: It looks like the last extension was 90 days. MR. LEFEBVRE: Right, but prior to that I think we gave her six months to have it fixed originally, or come into compliance. I make a motion that we extend for 90 days, not 180 days. MR. L'ESPERANCE: I'll second that motion. CHAIRMAN KELLY: We have a motion and a second. Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. Page 8 September 23,2010 MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, it looks like it's going to be 90 days. MS. RODRIGUEZ: Okay. CHAIRMAN KELLY: Very good. Thank you, Maria. Okay, we're finished with the motions. Now we move to B, stipulations. The first case is going to be Mercer, and that is CESD20090000870. And I don't see the respondent here. (Speaker was duly sworn.) CHAIRMAN KELLY: Good morning, Mr. Mucha. MR. MUCHA: Good morning. For the record, Joe Mucha, Collier County Code Enforcement. I met with Richard Mercer this morning, and he was here on behalf of himself and representing Jeffrey Mercer and Amy Mercer. He agreed that he was in violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), described as an unpermitted alteration to an existing storage building. He has agreed to pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing and to abate all violations by: Obtaining all required inspections and a certificate of completion/occupancy for permit 2010070951 by December 23rd, 2010, or a fine of $200 a day until violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site Page 9 September 23,2010 inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KELL Y: Is there any questions from the board? MR. KAUFMAN: I make a motion we accept the stipulation as written. CHAIRMAN KELL Y: We have a motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KELL Y: Motion and a second. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Very good. It's approved. MR. MUCHA: Thank you. CHAIRMAN KELLY: Thank you. The next stipulation is going to be for the Miller Weeks residence. That is case CESD200100000715. (Speaker was duly sworn.) CHAIRMAN KELLY: Hi. Page 10 September 23,2010 MS. McGONAGLE: Good morning. CHAIRMAN KELL Y: Want to state your name for the record? MS. McGONAGLE: Michele McGonagle, Collier County Code Enforcement. THE COURT REPORTER: Could you spell your last name, please? MS. McGONAGLE: M-C-G-O-N-A-G-L-E. I met with Elizabeth Hanna Handapangoda on September 21 st in the office. And she was also representing her father, Alvin Weeks. She agreed that they're in violation, and we entered into a stipulation agreement. The stipulation is that they will pay operational costs in the amount of $80.29 incurred in the prosecution ofthis case within 30 days of the hearing and abate all the violations by: Obtaining Collier County building permits, inspections and certificate of completion for the mentioned construction and alterations to the structure, or obtain a demolition permit, inspections, certificate of completion and demolition of the structure within 120 days of this hearing or a fine of $200 per day will be imposed for each day the violation remains. Also, that she must notify the code enforcement department within 24 hours of abatement of the violation, request the investigator to perform a site inspection and confirm compliance. If the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KELL Y: Could you briefly describe what construction work is being done? MS. McGONAGLE: They actually -- I have a couple pictures, if you'd like to see them. CHAIRMAN KELLY: I'd rather not enter them into evidence. But, I mean, are they -- Page 11 September 23,2010 MS. McGONAGLE: Okay, that's fine. CHAIRMAN KELL Y: -- just building an addition or are they enclosing -- MS. McGONAGLE: No, actually the house is in very bad disrepair. And it has what looks like an old metal roof that used to be on there. And they have constructed four-by-fours on either side of the building, and it looks like they're trying to construct a roof-over. Once she came into the office and realized that she would not be able to get it permitted, she actually stated that she is planning on getting a demolition permit. I was advised that she came into the office this morning and has already paid the operational costs, and she plans on applying for the demo permit as well today. But because it was so early, that's not happened yet. But she does plan on doing the demolition part of the stipulation. MR. KAUFMAN: Do you have the documentation that she was able to represent her father, or was that -- MS. WALDRON: She did sign on behalf on the stipulation of her father. MR. L'ESPERANCE: The next question I have is do we need some type of an affidavit that says she is that person? I notice there was a name change. MS. WALDRON: She did inform us that she has her marriage certificate if we need to see it. CHAIRMAN KELL Y: And the original deed was in both of their names anyway, so -- MR. L'ESPERANCE: Thank you. CHAIRMAN KELLY: Thanks for the description, it helps us get an understanding as to what the scope of the work is. Because we want to be able to judge whether 120 days is enough time to get it done. MS. McGONAGLE: Right. Page 12 September 23,2010 CHAIRMAN KELL Y: That's why I had asked. Any other questions from the board? MR. KAUFMAN: I make a motion we accept the stipulation as written. CHAIRMAN KELL Y: Motion. Do we have a second? MR. DOINO: Second. CHAIRMAN KELLY: Seconded by Ron. Any discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Okay, 120 days. Thanks very much. MS. McGONAGLE: You're welcome. CHAIRMAN KELLY: And the last stipulation we have is VLDC, LLC. That's Case No. CESD20100007087. And it is a new case so we need to swear you in again. (Speaker was duly sworn.) MS. McGONAGLE: Again for the record, Michele McGonagle, Code Enforcement. I met -- on-site I had made a site visit yesterday and I met with the registered agent, Vincent Lamanna. We discussed the violation. There is a violation of a mezzanine that was built after the final C.O. of the original building permit. He agreed that there is a Page 13 September 23, 2010 violation. He agreed to sign the stipulation. And I have the stipulation agreement here. Violation noted is in reference to Collier County Code 2004-41, as amended, Section 1O.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i). A 10ft, mezzanine, stairs were added, and electrical in the showroom have been constructed without first obtaining all required Collier County building permits. Mr. Lamanna has agreed to pay the operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of the hearing, and abate all violations by: Obtaining all required building permits, inspections and certificate of completion for the unpermitted structure and electric, or obtain the demolition permit, inspections, certificate of completion and demolish the structures and electrical, returning the building to its original permitted state within 150 days of this hearing or a fine of $200 per day will be imposed. That the respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. If the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KELL Y: Are there any questions from the board? MR. KAUFMAN: I have a question on the electrical. Did they add an outlet or panel chain? MS. McGONAGLE: There's looks like little puff lights that were put underneath the mezzanine. The mezzanine was constructed and then underneath they have a desk and there's just can lights and then like the little puck-type lights under there. And he also stated that he's already had a general contractor come and -- who is also an engineer. And he has come and looked at the mezzanine and he doesn't feel it's going to be a problem with Page 14 September 23, 2010 doing a permit by affidavit for the structure. But he asked for 150 days because he's also working on another property. So he's -- it's more the money thing than anything else. That's why he requested the 150 days. CHAIRMAN KELLY: Any other questions? (No response.) CHAIRMAN KELLY: I'll entertain a motion. MR. KAUFMAN: Motion to accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KELL Y: Motion and a second. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) And it carries, 150 days. Thank you. MS. McGONAGLE: Thank you. CHAIRMAN KELLY: That's the end of our stipulations. We now move into letter C, hearings. The first hearing is going to be Joseph and Maria Ranghelli. (Speaker was duly sworn.) MS. WALDRON: This is in reference to violation of Ordinance Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article 6, Property Maintenance Code, Page 15 September 23,2010 Section 22-231, Subsection 15. Description of violation: Dirty green pool. Location/address where violation exists: 11169 Longshore Way West, Naples, Florida, 34119. Folio 56101040007. Name and address of owner/person in charge of violation location: Joseph and Maria Ranghelli, 11169 Longshore Way West, Naples, Florida, 34119. Date violation first observed: June 9th, 2010. Date owner/person in charge given notice of violation: July 19th, 2010. Date on/by which violation to be corrected: August 9th, 2010. Date of reinspect ion: August 17th, 2010. Results of reinspection: The violation remains. MR. LETOURNEAU: Good morning. For the record, Jeff Letourneau, Collier County Code Enforcement. This is in reference to Code Case No. CEPM 20100007867. Violation is located at 11169 Longshore Way North, Naples, Florida. NOV service was completed with posting of the property in the courthouse on July 19th, 2010. I'd like to submit one piece of evidence as a photograph today for this case. MR. KAUFMAN: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and second. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. Page 16 September 23,2010 MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Carries. MR. LETOURNEAU: This is the original picture I took when I went out there first on June 9th. I went out there because we had an anonymous complaint. On that date I observed a vacant property and a pool in this condition. Since that time we've had numerous inspections, on-site inspections. I've been unable to make contact with the owners after numerous attempts. And as of yesterday, I went out, the property remains in violation and vacant. On my last check, there has been no lis pendens filed. So I'm not really sure where these people are at. It's in a gated community, so I believe the actual property's being maintained by the association, but the pool remains in bad condition. MR. KAUFMAN: Does the pool also smell? MR. LETOURNEAU: I haven't really been that close, I've just been outside the screen and looked in it. I imagine it does, though. It's in a little bit worse condition today than it was during that picture. MR. L'ESPERANCE: The pool appears to be secure; the screen door's closed, there's no danger of children falling in? MR. LETOURNEAU: No change ofthat, no. Just have a violation of a dirty pool. MR. KAUFMAN: Make a motion that we find them in violation. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. Any discussion? Page 17 September 23,2010 (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: There is a violation. And does the county have a recommendation? MR. LETOURNEAU: We do. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days, and abate all violations by: One, chemically treating the pool water, killing the algae growth and maintaining the filtration system to keep the pool water clean, and providing bi-weekly treatment within "X" days of this hearing or a fine of "X" a day will be imposed for each day the violation continues. Alternatively, the respondent may chemically treat the pool water, killing the algae growth and cover the pool using HUD standards to prevent any intrusion of rainwater within "X" days of this hearing or a fine of "X" a day will be imposed for each day the violation continues. 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 Page 18 September 23, 2010 abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of the abatement shall be assessed to the property owner. MR. KAUFMAN: I have a question. Do you know whether or not the electricity to the house is turned on or not? MR. LETOURNEAU: I do not know that. I didn't check the meter, so I'm not sure. I believe it's not going on in the pool, though, because obviously if it was, we wouldn't be in this situation. CHAIRMAN KELL Y: Any other questions? (No response.) CHAIRMAN KELLY: Would anyone like to try a motion on this one? MR. KAUFMAN: I'll try one. The 80.86 is paid within 30 days. The fine is $100 per day and they have 60 days to -- when the fines start accruing. CHAIRMAN KELLY: Okay. To clarify the motion, we're going to accept the county's recommendation with $100 per day and 60 days on both areas, correct, one and two? MR. KAUFMAN: Yes. CHAIRMAN KELLY: Do we have a second? MR. L'ESPERANCE: Second. MR. LA VINSKI: Second. CHAIRMAN KELL Y: Which one? It's either Jim or -- MR. L'ESPERANCE: I will defer. CHAIRMAN KELLY: Okay, Mr. Lavinski got it. Any discussion? MR. LEFEBVRE: Yes. I think 60 days is an extremely long time to treat a pool. I mean, you could call up a company to come out there within a few days. I think a time period of seven days would be much better than 60 days. CHAIRMAN KELLY: I concur with Gerald. I think it's pretty Page 19 September 23,2010 easy to find a pool maintenance guy to go out. I wasn't going to say seven, I was going to say closer to 30 days. But I agree, I think 60 days is too long. Any other discussion? MR. KAUFMAN: I'll amend my motion to show 30 days, ifit pleases the board and the second. MR. LA VINSKI: I'll amend. CHAIRMAN KELL Y: Okay. So we have an amended and a second to 30 days. Any discussion on the 30 days? MR. L'ESPERANCE: Twenty-seven. CHAIRMAN KELLY: No, I think -- you said 30 days? MR. KAUFMAN: Thirty. CHAIRMAN KELLY: Thirty days. MR. L'ESPERANCE: Oh, 30, okay. CHAIRMAN KELLY: Thirty days. Okay, any discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. Thirty days and $100 per day. MR. LETOURNEAU: Thank you very much. MS. WALDRON: Just for clarification, you're doing 30 days on Page 20 September 23,2010 both one and two, correct? CHAIRMAN KELL Y: Correct. And just out of curiosity, are we getting property maintenance stuff now? MS. WALDRON: No, this case fell into -- in between hearings and we didn't want to wait until the next special magistrate hearing. CHAIRMAN KELL Y: Very good. Thank you. Next case would be our last under hearings. It's going to be Case number nine (sic) versus Daniel Guerrero. It's CESD20090015950. Welcome back. (Speaker was duly sworn.) MS. WALDRON: This is in reference to violation of ordinance Collier County Code of Laws, Chapter 22, Article 2, Section 22 to 26-B,104.5.1.4.4. Description of the violation: Permit 2008120281 expired on June 3rd, 2009 before receiving a certificate of completion. Location/address where violation exists: 3240 Caledonia Avenue, Naples, Florida. Folio 61780440000. Name and address of owner/person in charge of violation location: Daniel H. Guerrero, P.O. Box 9805, Naples, Florida, 34101. Date violation first observed: October 6th, 2009. Date owner/person in charge given Notice of Violation: October 7th, 2009. Date on/by which violation to be corrected: November 5th, 2009. Date of reinspect ion: August 6th, 2010. Results of reinspection: The violation remains. MS. McGONAGLE: Good morning, again. For the record, Michele McGonagle, Code Enforcement. Per service, Notice of Violation was sent certified and first class mail on October 6th, 2009 and was posted at the property and the courthouse on October 7th, 2009. I would now like to present case evidence with an exhibit of one Page 21 September 23,2010 photo. CHAIRMAN KELL Y: All of them together? MS. McGONAGLE: It's just one photo. CHAIRMAN KELLY: Okay. MR. KAUFMAN: Motion to accept. CHAIRMAN KELL Y: Do we have a second? MR. DOINO: Second. CHAIRMAN KELLY: Second is by Ron. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) MS. McGONAGLE: The violation was first observed on October 6th, 2009 while researching the property on another case. It was observed that Permit No. 2008120281 had expired without obtaining a certificate of completion. The notice of violation was prepared and mailed and posted. On October 13th, 2009 the owner reapplied and Permit No. 2009100700 was issued on October 23rd, 2009. A reinspection on November 5th of 2009 showed that the 10-day spot survey was completed on October 26th, 2009. The property has been checked numerous times and no further permit inspections have been made, and there has been no contact Page 22 September 23,2010 from the property owner. On May 13th, 2010, CDPlus was checked and Permit No. 2009100700 had expired on April 21 st, 2010 with no new inspections and no new permit had been applied for. A lis pendens was filed on the property in January of2010. The case was prepared for hearing on August 11th, 2010. I made a site visit yesterday and observed that the property is vacant. I also checked CD Plus and found that there are no current permits for the property, and the violation remains. CHAIRMAN KELL Y: Any questions for the investigator? MR. KAUFMAN: What was the permit for originally? MS. McGONAGLE: For building the home. MR. KAUFMAN: In other words, it was to build a brand new house? MS. McGONAGLE: Yes. There's actually a permit -- the 2008 permit was a reapplied permit. The original one was 2007051163. And they reapplied, got the 2008 permit. Then they reapplied for that one, got the 2009. Then that one has expired in April. MR. KAUFMAN: And there's been no contact with the owner of the property? MS. McGONAGLE: Correct. When trying to contact the person with the -- we have a phone number on record from the permit application. And when calling that phone number, a lady answered and said that there was no one there by the name of the homeowner. MR. KAUFMAN: I mean, I hate to -- this sounds morbid, but in a case like this, I mean, somebody could be inside the house laying on the floor for all we know, since nobody's contacted them and nothing's happened in a year. MS. McGONAGLE: Somebody is up-keeping the property, as you can see from the photo. It is being kept. And from what I have found with reviewing this case, other Page 23 September 23,2010 investigators have gone to the property and there has been activity there. Different times they've noticed different things under the carport where materials -- it's obvious that work has been going on. It's just that they haven't called in for any further inspections or anything. CHAIRMAN KELLY: Any other questions? MR. LEFEBVRE: How far along are they in the permitting process? I mean, at what stage have they had permits -- MS. McGONAGLE: The 10-day spot survey is the only thing that's been done, and that was back in October. MR. LEFEBVRE: So none of the electrical, plumbing, any of that has been completed? MS. McGONAGLE: Correct. MR. LEFEBVRE: When -- from looking inside, can you see if it's sheet-rocked or dry-walled or-- MS. McGONAGLE: I didn't look inside. MR. LEFEBVRE: Doesn't look like a new building, that's -- CHAIRMAN KELLY: I'll entertain a motion-- MS. McGONAGLE: It may be a remodel. This wasn't originally my case so I didn't actually open the case. I know originally that the case that they were there investigating was litter all over the property, and that has since, as you can see, been abated. And this may actually be a remodel or -- I just know what the permits are telling me. That-- MR. LEFEBVRE: Right. When was the original case opened for the litter? Was it prior to a permit being pulled? MS. McGONAGLE: For the litter? MR. LEFEBVRE: Yeah. Just curious. MS. McGONAGLE: On October 6th is when they were there checking on the litter, of2009. I don't know when that actual case was opened. But at that time is when this violation was noticed. And then right after they received the Notice of Violation is when they reapplied for the new permit. So somebody's getting the Page 24 September 23,2010 notices, they just aren't contacting our office. MR. KAUFMAN: I'd like to make a motion that we find them in violation. MR. LEFEBVRE: Second. CHAIRMAN KELL Y: Motion and a second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: There is a violation. Does the county have a recommendation? MS. McGONAGLE: Yes, we do. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days and abate all violations by: Obtain a valid Collier County building permit, inspections and certificate of completion for the mentioned alterations and additions; or obtain a demolition permit, inspections, certificate of completion and remove all unpermitted alterations/additions, returning the structure to its original permitted state within "X" days of this hearing, or a fine of "X" dollars per day will be imposed for each day the violation remains. The respondent must notify the code enforcement investigator Page 25 September 23,2010 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 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 the property owner. MR. KAUFMAN: I have a question of the county. Has -- do we know which bank filed the lis pendens in January? MS. McGONAGLE: I'm sorry, I don't. MR. KAUFMAN: Does the county? MS. FLAGG: We can find out from the foreclosure team. MR. KAUFMAN: And before we impose a fine, is there any suggestion that we have -- since it is in lis pendens, maybe in contacting the bank and putting it as part of the program that we have? MS. FLAGG: Right. The bank -- the foreclosure team would already have the case. They work the cases parallel. So the foreclosure team would be contacting the bank. One of the things, and I'll go over it in the report, but one of the things that we're seeing is there's a little bit of a transition. So when the bank isn't acting, we're moving quicker to put something on the record so that the bank can't pass the property with the code violation onto a new buyer. CHAIRMAN KELLY: Thank you. Would someone like to take a stab at the number of days and the dollar amount? MR. KAUFMAN: I'll take a shot at it. The 80.86 paid within 30 days. $200 a day fine, commencing in 60 days. I don't know if that's too long a period of time, but it seems reasonable. And since the team is working on it, I think this will be resolved probably via the team rather than any other way. CHAIRMAN KELLY: All right, we have a motion, do we have a second? Page 26 September 23,2010 MR. LEFEBVRE: Second. CHAIRMAN KELLY: Seconded. Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, we accept the county's recommendation, 60 days with $200 per day, to fill in the blanks. And I hope that will get it done for you. MS. McGONAGLE: Okay, thank you. CHAIRMAN KELL Y: Thank you. That's the end of our hearings. Now we're moving on to number five, old business. We just have one case. Motion for imposition of fines/liens. This would be Case No. CESD200090018220. Edward and Tammy Harris. (Speaker was duly sworn.) CHAIRMAN KELL Y: A reminder to the board, there was an additional affidavit of noncompliance placed in front of you this morning that was not a part of our original packet. MR. PAUL: Good morning. CHAIRMAN KELLY: Good morning. This is an imposition, so if you want to just read it in, that would be great. Page 27 September 23,2010 MR. PAUL: For the record, Renald Paul, Collier County Code Enforcement Investigator. This is CEB Case No. CESD20090018220, Board of County Commissioners versus Edward M. Jr. and Tammy Harris. Violations of Collier County Land Development Code 04-41, as amended, Sections 1O.02.06(B)(1)(a). Location: 5730 Cedar Tree Lane, Naples, Florida, 34116. Folio 38228880003. Description: Addition of fence, four sheds, metal carport, a canopy, lanai, wooden deck and pool with no permits. Past orders on March 25th, 2010. The Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4563, Page 1876 for more information. The respondent has not complied with the CEB orders as of September 23rd, 2010. The fines and costs to date are described as the following: Order item one and three, fines at a rate of $200 per day for the period between May 25th, 2010 and September 23rd, 2010, 122 days, for the total of $24,400. Fines continue to accrue. Order item number two and four, fines at a rate of $200 per day for the period between September 22nd, 2010 and September 23rd, 2010, two days, for the total of $400. Fines continue to accrue. Order item number seven, operational costs of $80.57 have not been paid. Total amount to date, $24,880.57. CHAIRMAN KELL Y: Are there any questions from the board? MR. KAUFMAN: Have you had any contact with the respondents? MR. PAUL: No, I have not. They are still residing at the residence. I haven't had any contact. They haven't applied for any permits or anything. They've done nothing. Page 28 September 23,2010 MR. LEFEBVRE: Make a motion to impose the fine. MR. KAUFMAN: Second. CHAIRMAN KELL Y: Motion and second. Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: The fines will be imposed. MR. PAUL: Thank you. CHAIRMAN KELLY: That's the end of our hearings. Now on to the consent agenda. There was nothing listed there. Any reports? MS. FLAGG: Yes. Let me give you some code enforcement department stats. Just last week we had 248 new cases open, just in that one week. There were in that week 569 property inspections. 98 cases were closed with voluntary compliance. And then there were 111 lien search requests. Remember those are when someone's buying they'll make a request to find out if there's any open code cases or any code issues. So there were 111 requests last week for those. Each investigator is carrying an average of 54 code cases. So the Blight Prevention Program with the foreclosure teams, through last week the banks have expended $1,740,554 in abating Page 29 September 23,2010 code violations in our community. They've abated 1,384 code violations. I will tell you that the number of abatements by the county, however, has increased four times the amount. And the reason why is there is -- we're seeing a transition in the banks. The banks are now not filing lis pendens. And I believe that this may have something to do with the upcoming election. We're starting to see transition. So once they file a lis pendens, the foreclosure team can make contact with the bank. And as you remember, when they file a lis pendens, then it could be a year or two or longer before the bank takes title. But the banks have been working with us to abate at the point of filing a lis pendens. What we're starting to see is an increased number of properties where, like the one that you just saw, where they have left the property but there's no lis pendens filed on the property. MR. KAUFMAN: I have a question. Why would they do that if the fines continue to accrue? It's a case of you're going to pay me now or you're going to pay me later. MS. FLAGG: That is why we are -- we've now been watching this trending. And what we're doing is you're going to do start seeing some cases come to you that normally the banks would have handled because they would have filed a lis pendens. But we can't contact the banks until they file a lis pendens because that tells us they have an interest in the property. So at this point what we're doing is if the bank isn't filing a lis pendens, then we're abating and we're going to be bringing these cases. Because the other thing that we need to make sure of is that when a new buyer comes in to buy the property, there needs to be something on the record so that we don't have a new buyer come in and buy a piece of property with code violations and/or fines on a property and them not know about it in the event they didn't do a code lien search. Page 30 September 23,2010 So we watch this very closely. We watch the trending both nationally and locally. And then we're just monitoring what we need to do to make sure that we're doing the best we can to protect the new buyers and also the community members to assure that there's not blight. So that's where we're at now is there was just in last week, the individual that does the nuisance abatements had hundreds of nuisance abatement requests to address. So we'll see what happens. But that's why we're at right now. Until the bank files the lis pendens, we're not going to leave blight in the community. We'll go ahead and address it, put it on the property and then if the bank does file the lis pendens and proceed and/or short sale, then they'll be responsible for the property. The only thing that we continue to tell our community members, if you are going to buy a foreclosed property, please make sure that you do a code lien search and a code property inspection so that you know what you're buying before you buy the property. Because once you buy the property and you take title to the property, you're going to own everything that is on that property, including the fines and the responsibility. Now, again our process hasn't changed in regard to that, that once they come into compliance, then we bring them back to you if they haven't been imposed. And obviously with your decision, but we would recommend that the fines be waived once the property has been brought into compliance. CHAIRMAN KELL Y: I have a question. It would be interesting to see, out of the 111 code lien property searches that you've performed in the last week or requested in the last week, how many of those actually had some kind of violation on them. MS. FLAGG: We can bring that back to you. That's something that we can start tracking. But quite a few of them do. I can't give you a percentage right now, but we've seen that quite a few of them Page 31 September 23,2010 do. MR. L'ESPERANCE: Less than 50 percent? MS. FLAGG: I don't want to give you a bad number. I'm bringing it back next time. MR. KAUFMAN: I was wondering if there could be something that would be helpful that the county has limited resources to abate anything if they would handle it in a similar fashion to tax stamps, where that could be offered for someone to pay, knowing there's a lien on the property, et cetera, to help finance the abatement process. MS. FLAGG: Well, anything that we expend to abate is returned. So when -- no matter what, to release the property the hard costs have to be paid. So we track -- anything that is expended we track, and that is paid. So -- and this is a -- we're seeing this in the last couple of months, this transition to not even file the lis pendens. So maybe after November that will change; we don't know. But that's -- what our primary goal is is not to allow blight to move into our community, because we have to have a community that is sound so that we can encourage economic growth. I will also tell you that we continue to encourage community members to either call the code number at 252-2440, or go on the website, Colliergov.net/code, and report violations, because that helps the investigators. The investigators right now are carrying over 50 cases apiece, and each case takes a lot of time to work. So when the community members help us by calling in the violations and letting us know where the violations are, then they can just do the research associated with working the case and get the case moving. So we continue to ask our community members to help us by telling us -- you know, calling in and telling us what properties need to be addressed. The community task force teams are still doing a great job, they continue to meet every week with the community members, HOA's, Page 32 September 23,2010 property owners associations, Sheriffs Office, all the agencies that you all are familiar with. And they continue to meet once a month to identify properties, do vacant property sweeps, do cleanups and those types of things. CHAIRMAN KELL Y: Did I understand correctly that whatever type of abatement that occurs by the county, whatever costs are incurred you have a superior position to the original lienholder? MS. FLAGG: We do. CHAIRMAN KELL Y: Nice. MS. FLAGG: There was an ordinance passed by the county quite a few years ago, and we do maintain a superior position. So we do get paid. MR. KAUFMAN: There will be no time where somebody would come before the board asking to abate a fine? For instance, I buy a property that has gone through foreclosure where the property is 500,000 and there was a $100,000 worth ofliens on the property, the person comes before the board, timing is everything, to say they would like it abated, they just bought it? MS. FLAGG: No, we worked with the board and the board passed a resolution that before anything goes before the board, the property has to be in compliance. And the hard costs have to be paid. MR. LEFEBVRE: But that property wouldn't be able to be transferred, because you would have a lien on it. So that would have to be -- those fines would have to be cleared up at closing, correct? MS. FLAGG: Well, I mean, people can buy a property when there are fines on a property. MR. KAUFMAN: They can't get title insurance, but they can-- MS. FLAGG: Right. MR. KAUFMAN: -- buy the property. MS. FLAGG: But I will tell you what we routinely tell community members. There is a significant what we call shadow inventory in Collier County, meaning that the property had a lis Page 33 September 23,2010 pendens filed on it but it has not gone on the market, so the banks are holding those properties and have not released them to the market. So what we explain to them is, you know, it's a piece of property, don't fall in love with it and foolishly, you know, go sideways financially on this. Just negotiate the agreement. You can buy a piece of property if there is a code case on it, but you need to fully understand what your costs are going to be to bring it into compliance and take that into consideration. And if you don't get what you want, walk away from it. Because then the bank will have to bring it into compliance. And what we have found, now we've had a couple of cases where -- there was one case where a gentleman wanted -- I mean, he just had to have this house. And I told him I'd walk away from it, because it will get fixed. And historically what we see is once they bring it into compliance, it's quite possible that what you're offering now, when they go to sell it is going to be less. And sure enough, he monitored that house, the bank brought it into compliance, and then they took an off -- once the bank had expended the money to bring it into compliance, he bought the house for less than what he had originally offered. MR. KAUFMAN: Did they send you a thank you letter? MS. FLAGG: It's just, you know, unfortunately what made sense 10 years ago is not what it is today. It's just a -- it's a different environment that we're working in. Which is a good segue into the Economic Recovery Task Force. Jen tells me you got all the information about that. And that task force, they've had three meetings now, so that progress report that you received was as -- was in -- for the third meeting. So you can see the significant amount of work that has occurred just in a very short period of time. And there's a lot of information in that report, so I don't know if you have any questions about that. (No response.) Page 34 September 23, 2010 MS. FLAGG: Okay. And the last item is I want to let you know that a member of our team passed way. It was Mr. Ron Martindale. And we'll be retiring his investigator number in honor of his service. CHAIRMAN KELL Y: That's a shame. Our hearts go out to his family. And if we would, how about a quick moment of silence for Investigator Martindale. (Moment of silence.) CHAIRMAN KELLY: In his honor. Anything else? MS. FLAGG: That's it. CHAIRMAN KELL Y: Next meeting is going to be October 28th, 2010 right here in these chambers. And with that, I'll entertain a motion to adjourn. MR. KAUFMAN: Motion to adjourn. MR. LEFEBVRE: Second. CHAIRMAN KELL Y: Second. All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:01 a.m. Page 35 September 23, 2010 CODE ENFORCEMENT BOARD KENNETH KELL Y, Chairman These minutes approved by the board on or as corrected as presented Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 36