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CEB Minutes 02/24/2011 R February 24, 2011 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida February 24, 2011 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Kelly Larry Dean Robert Kaufman James Lavinski Gerald Lefebvre Lionel L'Esperance Tony Marino Ron Doino (Alternate) ALSO PRESENT: Jean Rawson, Attorney for the Board Diane Flagg, Code Enforcement Director Jen Baker, Code Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: February 24, 2011 at 9:00 a.m. Location: 3299 Tamiami Trail East, 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 Kenneth Kelly, Chair Robert Kaufman, Vice Chair Gerald Lefebvre James Lavinski Larry Dean Lionel L' Esperance Tony Marino Ronald I>oino, A Itemate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES- A. January 27, 2011 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS B. STIPULATIONS C. HEARINGS I. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100003214 MARVIN & DONNA SCHROEDER INVESTIGATOR CAROL SYKORA FLORIDA BUILDING CODE, 2007 EDITION. CHAPTER] PERMITS, SECTION ]05-1 AND COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I lea) AND SECTION 10.02.06(B)(I lee) NO COLLIER COUNTY PERMITS FOR CONSTRUCTION OF TWO STRUCTURES, APPEARING TO BE A GARAGE AND A BARN 3805072000 I 380] 21ST AVE S.W. NAPLES, FL CESD20100008859 JAMES A. & JULIA M. ASKEY INVESTIGATOR TONY ASARO COLLIER COUNTY LAND DEVELOPMENT CODE. 04-41 AS AMENDED, SECTION JO.02.06(B)(I)(a) MOBILE HOME ON THE PROPERTY WITHOUT COLLIER COUNTY BUILDING PERMIT 101040008 7920 FRIENDSHIP LANE NAPLES, FL 34120 CEOCC20100021455 JCS REALTY GROUP LLC. INVESTIGATOR MICHELE MCGONAGLE FAILURE TO OBTAIN REQUIRED LICENSE, COLLIER COUNTY CODE OF LAWS CHAPTER 126 TAXATION, ARTICLE IV LOCAL BUSINESS TAX, SECTION 126-III(b) AS AMENDED BY 2007-51 OPERATING A BUSINESS WITHOUT OBTAINING A LOCAL BUSINESS TAX RECEIPT AND ZONING CERTIFICATE 00447800009 I] 536 l' AMIAMI TRAIL EAST NAPLES, FL CESD20100008638 AGNIEL & SUSAN MARQUEZ INVESTIGATOR AZURE SORRELS FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION] 05. I AND COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION ] 0.02.06(B)(] lea) INTERIOR REMODEL! ALTERATIONS CONSISTING OF BUT NOT LIMITED TO; REMOVAL OF DRYWALL, INSULAT]ON, AND FRAMING OF INTERIOR WALLS, CEILING, ELECTRICAL AND PLUMBING lIA VE BEEN CONDUCTED WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY PERMITS 67490440006 4106 ROSE AVENUE NAPLES, FL 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO.: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20JO0006112 KENNETH J. BLOCKER SR. INVESTIGA TOR ED MORAD COLLIER COUNRT LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I)(a) A EXISTING BUILDING BEING ALTERED TO ACCOMMODATE THE CHANGE OF USE FROM A AUTO REPAIR BUSINESS/GARAGE TO A CHURCH WITlIOUT FIRST OBTAINING THE AUTHORIZA TION OF THE REQUIRED PERMIT(S), INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-4], AS AMENDED 51 ] 90320005 105 MAIN STREET IMMOKALEE, FL CESD20100005205 BRUCE A BLOCKER INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4] AS AMENDED, SECTION 1O.02.06(B)(])(a) A MOBILE HOME, A COMMERCIAL TYPE LAUNDRY BUILDlNGM AND TWO UNIT DWELLING STRUCTURE AND ALSO AN ADDITION TO THE PRIMARY STRUCTURE WITHOUT THE REQUIRED COLLIER COUNTY BUILDING PERMIT AND INSPECTIONS AND CERTIFICA TE OF COMPLETlON/OCCUP ANCIES 124200003 602 BOSTON A VENUE IMMOKALEE, FL CESD20100005061 JUAN SANCHEZ OLVERA & PAMELA JEAN SANCHEZ INVESTIGA TOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(I)(a) THREE MOBILE HOMES INSTALLED WITHOUT FIRST ACQUIRING COLLIER COUNTY BUILDING PERMITS 7318]]20001 603 CIFTON UNIT 1,2,3 RD. IMMOKALEE, FL CESD20090018083 MARIO H. & ROSALBA T. CHAVEZ INVESTIGATOR JAMES KINCAID PERMIT APPLICATION, WHEN REQUIRED, FLORIDA BUILDING CODE 2007 EDITION CHAPTER I PERMITS, SECTION 105.] BUILDING AND LAND AL TERA TION PERMITS (PERMITS, INSPECTIONS, CERTIFICATE OF OCCUPANCY REQUIRED) COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I)(a) UNPERMITTED STRUCTURES BUILT IN THE REAR YARD OF RESIDENTIAL PROPERTY 62043]60000 5305 CONFEDERATE DRIVE NAPLES, FL 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: ]1. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100005001 CARLOS & DIANA 0 DE LEON INVESTIGATOR JAMES KINCAID FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER] PERMITS, SECTION 105.] LAND DEVELOPMENT CODE, 04-4] AS AMENDED, SECTION 1O.02.06(B)(I lea) FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 110.] PERMIT # 20000]0167 FOR THE ADDITION OF A GARAGE AND FLORIDA ROOM HAS EXPIRED 62310440000 5210 JENNINGS ST. NAPLES, FL CESD20090008252 RENE ZAFRA JR. & MARIA ZAFRA INVESTIGA TOR JANIS POTTER COLLIER COUNTY CODE OF LA WS AND ORDINANCES, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I)(a) AND SECTION 10.02.06(B)(])(e)(i) ENCLOSURES OF GARAGE WITHOUT COLLIER COUNTY BUILDING PERMITS 40625000005 2710 2ND A VENUE NE. NAPLES, FL CESD0090019403 SENEN LUGO INVESTIGA TOR PATRICK BALDWIN COLLIER COUNTY CODE OF LA WS, CHAPTER 22. ARTICLE II, SECTION 22- 26(b)(104.1 3.5) FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER] , SECTION 11].1 BUILDING AND LAND ALTERATION PERMITS. (PERMITS, ]NSPECTIONS, CERTIFICA TE OF OCCUPANCY REQUIRED) COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION] 0.02.06(B)( I lea) UNPERMITTED IMPROVEMENTS TO MASTER BEDROOM AND BATHROOM PRIOR TO OBTAINING A COLLIER COUNTY APPROVAL, NECESSARY INSPECTIONS AND CERTIFICA TE OF COMPLETION. FENCE WITH EXPIRED COLLIER COUNTY BUILDING PERMIT 40475200000 4287 12rH A VENUE NE NAPLES, FL CESD20100006466 LISA RENEE PRINCE INVESTIGATOR PATRICK BALDWIN FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION ]05.1, COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4] AS AMENDED, SECTION 1O.02.06(B)(I)(e)(i) AND 1O.02.06(B)(I)(a) ENCLOSED GARAGE AND ADDED MORE LIVING SPACE TO THE PRINCIPAL STRUCTURE 41230040006 4] 05 20l'H A VENUE SE NAPLES, FL 13. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 14. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 5. OLD BUSINESS CESD20100009141 GLORIA PERDIGON INVESTIGATOR PATRICK BALDWIN COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(b)(104.1.3.5) AND SECTIONS 22-26(b)(104.5.] .4.4) FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4] AS AMENDED, SECTIONS 10.02.06(B)(I)(a) AND ]0.0206(B)(I)(e)(i) 3 DOG KENNELS, CARPORTS, HORSE STABLE BUILT WITHOUT COLLIER COUNTY BUILDING PERMITS AND A GUEST 1I0USE WITH EXPIRED PERMIT NUMBER 2005020427 40628400107 293] 8Tfr A VENUE NE NAPLES, FL CEVR20100020717 PALM FOUNDATION II, INC. INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 4.06.05(K)(2) MAINTENANCE OF LANDSCAPING AND COLLIER COUNTY LAND DEVELOPMENT CODE 91-102 SECTION 3.5.7.2.5 LITTORAL SHELF PLANTING AREA PROPERTY IS NOT BEING MAINTAINED WITH DEAD REQUIRED PLANT MATERIAL AND OVERGROWTH AROUND LAKES. LITTORAL SHELF PLANTING AREAS ARE NOT BEING MAINTAINED AND THERE IS AN OVERGROWTH OF EXOTICS 26]69500108 NO SITE ADDRESS CEVR20100020718 PALM FOUNDATION II, INC. INVESTIGATOR SUSAN 0' FARRELL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 4.06.05(K)(2) MAINTENANCE OF LANDSCAPING AND COLLIER COUNTY LAND DEVELOPMENT CODE 91-102 SECTION 3.5.7.2.5 LITTORAL SHELF PLANTING AREA PROPERTY IS NOT BEING MAINTAINED WITH DEAD REQUIRED PLANT MATERIAL AND OVERGROWTH AROUND LAKES. LITTORAL SHELF PLANTING AREAS ARE NOT BEING MAINTAINED AND THERE IS AN OVERGROWTH OF EXOTICS 26]69500085 NO SITE ADDRESS A. Motion for Imposition of Fines/Liens I. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20JO0001331 ROMONA GARCIA INVESTIGA TOR HEINZ BOX COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(c) ROOF DAMAGE COVERED WITH A BLUE TARP 67284960006 6872 TRAIL BLVD. NAPLES, FL CESD20090014845 FELIX & GUADALUPE ALVARADO INVESTIGA TOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I PERMITS, SECTION 105.1 A METAL CARPORT ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT 00055000000 4810 MYERS RD. IMMOKALEE, FL CESD20090017445 EMMA HOUSTON INVESTIGA TOR ED MORAD COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a), AND 10.02.06(B)(I)(e)(i). A SINGLE WIDE MOBILE HOME CONVERTED FROM A SINGLE DWELLING UNIT INTO TWO DWELLING UNITS AND AN ADDITION ADDED WITHOUT OBTAINING BUILDING AND LAND ALTERATION PERMITS, INSPECTIONS, AND CERTIFICATE OF OCCUPANCY. 126960008 415 3R1) ST, IMMOKALEE, FL CESD20090010253 JORGE V, & CARIDAD JIMENEZ INVESTIGA TOR WELDON WALKER COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(104.1.3.5) AND ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 1O.02.06(B)(I)(a) PRIMARY HOUSE THAT APPEARS TO BE CONVERTED INTO TWO DWELLING UNITS. WEST SIDE OF STRUCTURE IS AN ATTACHED ADDITION THAT APPEARS TO BE AN ADDITIONAL DWELLING UNIT ATTAClIED TO WEST SIDE ADDITION IS AN OPEN AREA LAUNDRY ROOM WITH ROOF HOUSING COMMERCIAL COIN OPERA TED WASHERS AND DRYERS. IN ADDITION, IN THE REAR OF THE PROPERTY IS A FREE STANDING APPROXIMATELY 12' X 24' DWELLING UNIT WITH A 3 FIXTURE BATHROOM AND KITClIEN AREA. ONE DOOR ALLOWING ENTRY AND EXIT. 51040040008 ]20] IMMOKALEE DR. IMMOKALEE, FL 5. CASE NO: OWNER: OFFICER: VIOLA T10NS: FOLIO NO: VIOLA T10N ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLA T10NS: FOLIO NO: VIOLA T10N ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CELU20100009076 KATHERINE F. SMITH INVESTIGATOR JOE MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTIONS I.04.01(A) AND 2.02.03 STRUCTURE PERMITTED AS A STORAGE BUILDING BEING UTILIZED FOR LIVING PURPOSES. RECREATIONAL VEHICLES LOCATED ON THE PROPERTY THA l' ARE ALSO BEING UTILIZED FOR LIVING PURPOSES. 00188600005 210 ROSE BLVD. NAPLES, FL CEROW20100017549 PIERINO & LORET A PENSENTI INVESTlGA TOR JONA THON MUSSE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II, SECTION 110-3I(a) UNPERMITTED TEMPORARY 2ND DRIVEWAY FOR THE PROPERTY THAT HAS BEEN PARTIALLY PLACED ON NEIGHBORING PROPERTY 36616480004 4110 3RD AVENUE SW NAPLES, FL CESD20100001344 REUBEN REINSTEIN EST" LAIRD L1LE, P.R. INVESTlGA TOR JONATHON MUSSE COLLIER COUNTY ORDINANCE, 04-41 AS AMENDED, THE LAND DEVELOPMENT CODE, SECTION 1002.06(B)(1 lea) PERMIT # 1999032149 FOR SWIMMING POOL NEVER RECEIVED CERTIFICATE OF OCCUPANCY. PERMIT HAS SINCE BEEN CANCELED. 36613600007 4460 3'd A VENUE SW NAPLES, FL B. Motion for Reduction 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 Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - March 24,2011 11. ADJOURN February 24,2011 CHAIRMAN KELL Y: Good morning. I'd like to call the Code Enforcement Board of Collier County to order for today, February 24th, 2011. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted by the Chair. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so 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. May I have roll call, please. MS. BAKER: Mr. Ken Kelly? CHAIRMAN KELLY: Here. MS. BAKER: Mr. Robert Kaufman? MR. KAUFMAN: Here. MS. BAKER: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BAKER: Mr. James Lavinski? MR. LA VINSKI: Here. MS. BAKER: Mr. Tony Marino? MR. MARINO: Here. MS. BAKER: Mr. Larry Dean? MR. DEAN: Here. MS. BAKER: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. Page 2 February 24, 2011 MS. BAKER: Mr. Ron Doino? MR. DOINO: Here. MR. BAKER: And just as a note of record, Mr. Tony Marino is now a regular member and not an alternate. CHAIRMAN KELLY: Congratulations, Tony. For the record as well, since we do have full board attendance, our alternate will have full discussion rights but not voting. Excellent, now onto the agenda. Do we have any changes? MR. BAKER: Yes, we do. Under number four, public hearings/motions, B, stipulations, we have three stipulations. The first will be number five from the agenda, Kenneth 1. Blocker, Sr., Case CESD20100006112. Second will be number seven from the agenda, Juan Sanchez Olivera and Pamela Jean Sanchez, Case CESD20100005061. The third stipulation will be number two from the agenda, James and Julia M. Askey. Case CESD20100008859. Letter C, hearings, number four, Case CESD20100008638, Agniel and Susan Marquez, has been withdrawn. Number six, Case CESD20100005205, Bruce A. Blocker, has been withdrawn. And we also have two additions under hearings. Number 16 will be Case CEPM20110002247, Allen W. Fuller and Barbara A. Davis. Number 17 will be Case CEPM20110002260, Allen W. Fuller and Barbara A. Davis. And we have a few more stipulation agreements. The next stipulation agreement will be number three from hearings. It's Case CEOCC20100021455. And we have two more stipulations as well, which will be number 14 from hearings, Case CEVR20100020717, Palm Foundation II, Inc. And number 15, Case CEVR20100020718, Palm Foundation II, Inc. And that is all the changes I have. Page 3 February 24,2011 CHAIRMAN KELLY: The motion that was placed up here, where do you want that to go? There's a motion from -- it looks like VLDC, LLC for an extension of time. MR. BAKER: Oh, we should put that under letter 4.A, motions. CHAIRMAN KELLY: Any other changes? MR. BAKER: That's it. MR. LEFEBVRE: Make a motion to accept the amended agenda. MR. KAUFMAN: Second. CHAIRMAN KELLY: Seconded. 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: Motion carries. Now, on to the approval of minutes from January 27th, 2011. Any changes? (No response.) CHAIRMAN KELL Y: Entertain a motion. MR. KAUFMAN: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KELL Y: Motion and a second. Any discussion? (No response.) Page 4 February 24, 2011 CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Motion carries. Now, moving on to public hearings. A, number one, motions for continuance of time, VLDC, LLC. The packet was left at your desk up front. Is the respondent here? (No response.) CHAIRMAN KELLY: Okay, you can read over it just briefly. They're asking for an additional 60 to 90 days. In order to petition the Board of County Commissioners for reduction of fine in their permits. Any discussion? (No response.) CHAIRMAN KELL Y: They did in fact pull the permit. It's just a reduction, I believe, in the amount of the permit fees or the fines associated with it. MR. LEFEBVRE: Is the investigator here? CHAIRMAN KELLY: Is the investigator from the case here? That would be -- we don't have the original charging documents so we wouldn't know who the investigator is. MR. LEFEBVRE: Michele? MR. KAUFMAN: Oh, is that this case? MR. LEFEBVRE: Is that the same case? Oh, sorry. CHAIRMAN KELLY: Apparently not. Well, there is a stipulation agreement that they entered into Page 5 February 24,2011 voluntarily asking for originally 150 days. They did get the permit. It does say that they did. MR. KAUFMAN: It says it was done and approved. Does anybody from the county want to say anything on behalf of this request? (Speaker was duly sworn.) MS. PETRULLI: For the record, Supervisor Patti Petrulli, Collier County Code Enforcement. We have no objection to an extension. MR. KAUFMAN: I'd like to make a motion that we extend it 60 -- 90 days. Since it's been approved, 90 days. MR. DEAN: I'll second the motion. CHAIRMAN KELL Y: Motion and second by Mr. Dean. 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: And the motion carries. Thank you, Patti. Also, to the board or any of the respondents who are going to speak for us today, the videographers who televise this event has asked me to make sure that everyone speaks directly into the mic. It Page 6 February 24,2011 helps for the television viewers at home for them to hear what's going on. Okay, the next is going to be B, stipulations, Case No.1, which is actually 5 under public hearings, Blocker, CESD20100006112. (Speakers were duly sworn.) INVESTIGATOR MORAD: For the record, Ed Morad, Collier County Code Enforcement. The respondent has stipulated to the violations and has agreed to pay operational costs of $80.86 within 30 days of to day's hearing. He also agreed to abate the violations by: Obtaining a Collier County building and land alteration permit for the alterations to accommodate the change of use; request all required inspections to be performed and passed through certificate of completion as required, or discontinue the current use, church/assembly, and obtain a Collier County demolition permit and remove the alterations and request all required inspections to be performed and passed through certificate of completion within 90 days of today's hearing or a fine of $250 per day will be imposed for each day the violation exists. The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm the 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 the abatement shall be assessed to the property owner. CHAIRMAN KELLY: Very good. Good morning. MR. FREEMAN: Good morning. My name is Earnest Freeman. I'm representing the owner of the property as his general contractor. Unfortunately I believe Mr. Blocker got caught in traffic because I did have to have a -- I guess a document to speak in his authority. But hopefully he'll be here shortly. Page 7 February 24,2011 CHAIRMAN KELL Y: If you would -- you pretty much did it already, but if you would just say that you have the authorization to speak on his behalf. MR. FREEMAN: I have the authorization to speak on his behalf. CHAIRMAN KELLY: Thank you. Do you understand and agree to the items that were just read in this stipulated agreement? MR. FREEMAN: Yes, I do. CHAIRMAN KELLY: Are there any questions from the board? MR. LEFEBVRE: Yes, I have a question. At the top of the stipulated agreement it says Jerry Blocker as representative for respondent, and the respondent is Kenneth 1. Blocker, Sr. So does he have the authority to sign the stipulated agreement? CHAIRMAN KELL Y: That may be a Jean question. MS. RAWSON: You understand what they're saying, do you have the authority to sign a stipulated agreement on behalf of the person who's listed? MR. FREEMAN: There's Jerry now, he's just walked in. CHAIRMAN KELLY: Perfect timing. Jerry, if you could, we'll just swear you in real quick and let you catch up on what's going on. (Speaker was duly sworn.) CHAIRMAN KELL Y: Basically what was voluntarily agreed to was 90 days to get things -- Mr. Morad, if you want to go into detail. We haven't heard the case, but if you just want to kind of paraphrase the stipulated agreement. INVESTIGATOR MORAD: Like we agreed upon in our meeting, that you have to pay operational costs of $80.86 within 30 days of today's hearing. And you must get the permit issued, the certificate of completion -- the inspections made and certificate of completion within 90 days of today's hearing or $250 per day per -- Page 8 February 24,2011 will be imposed for each day the violation exists. MR. FREEMAN: Yes. CHAIRMAN KELLY: And Jerry, is that your signature on the stipulated agreement anyways? MR. BLOCK: Yes, uh-uh. CHAIRMAN KELL Y: So he signed it anyway. MR. KAUFMAN: I have one question. What's going on at that location right now? There are no meetings going on from the church? MR. FREEMAN: No, no meetings going on. To the best of my knowledge there's no meeting going on. CHAIRMAN KELLY: I think I just realized what you were saymg. Does Jerry have authorization to speak on Kenneth's behalf? MR. LEFEBVRE: Absolutely correct. CHAIRMAN KELLY: I got it. Jerry, if we could get you to state for the record that you have authorization to sign on Kenneth's behalf, that would be great. MR. BLOCKER: Yes, I've got a letter of authorization as well. CHAIRMAN KELLY: Okay. If you submit that into evidence, we will actually keep that and it will be part of public record. So I don't know if you need a copy of it, but we need to retain it. Perfect. Any other questions from the board? MR. KAUFMAN: Motion to accept the stipulation as written. MR. LEFEBVRE: Second. MR. DEAN: I'll second it. CHAIRMAN KELL Y: Gerald's got it first. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. Page 9 February 24,2011 MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELL Y: Thank you very much. Appreciate your support. MR. FREEMAN: Thank you. CHAIRMAN KELL Y: Moving on to case number two under stipulations, Sanchez, CESD20100005061. Is the respondent here? INVESTIGATOR WALKER: No, they aren't, sir. (Speaker was duly sworn). INVESTIGATOR WALKER: For the record, Weldon Walker, Collier County Code Enforcement. The respondent has entered into a stipulation which states that they will pay operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days of this hearing. Abate violations by: Obtain a Collier County building permit or demolition permit and request required inspections to be performed and passed through to a completion of occupancy within 180 days of the hearing or a fine of $100 a day will be imposed. The respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the inspections -- that the investigator perform a site 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 Collier County Sheriffs Office to enforce the provision of this agreement, and all costs of the abatement shall be assessed to the property owner. CHAIRMAN KELLY: Thanks, Jen. Are there any questions from the board? Page 10 February 24,2011 MR. KAUFMAN: I have a question. These are mobile homes that were on the property? INVESTIGATOR WALKER: Yes, they are, sir. MR. KAUFMAN: Are they occupied? INVESTIGATOR WALKER: Yes, they are, sir. MR. KAUFMAN: They're occupied. There were no permits. Are they going to be continued to be occupied while this is being processed? INVESTIGATOR WALKER: The property owner understands that according to the agreement that in order to abate the violations that the actual trailers have to be empty. MR. KAUFMAN: Is that specified in the stipulation? INVESTIGATOR WALKER: No, it's not specified in the stipulation. CHAIRMAN KELLY: But it is a requirement in order to comply with the agreement. So would it need to be line itemed in there or is it just generally part of what's going to be necessary to comply? INVESTIGATOR WALKER: It would be part of what's necessary to comply. MR. LEFEBVRE: Do you feel that the mobile homes are going to have to be removed, or could they actually be permitted? And is it an allowable use is what my question is. INVESTIGA TOR WALKER: The property is on residential multi-family. The actual trailers cannot exist on that property as trailers, because it doesn't make allowance for it. MR. KAUFMAN: So that means that those trailers will be removed from the property at some point in time. INVESTIGA TOR WALKER: That's correct. MR. KAUFMAN: And the tenants will vacate those mobile homes. INVESTIGA TOR WALKER: That's correct. Page 11 February 24,2011 MR. LEFEBVRE: Has the owner given you a time frame for when the mobile homes are going to be vacated? INVESTIGA TOR WALKER: No, he did not. MR. LEFEBVRE: So in reality more than likely it's going to go the 180 days. INVESTIGATOR WALKER: It could quite possibly go 180 days. The agreement is that he would do it within that amount of time. MR. LEFEBVRE: Under -- how many trailers are there again, or mobile homes? INVESTIGA TOR WALKER: There's three mobile homes. MR. LEFEBVRE: I'm not comfortable with $100 a day. Personally I think that's -- and 180 days I think is a long time. So I'm not comfortable with $100 a day. I don't think that's a strong enough incentive to have him act. CHAIRMAN KELLY: Any further discussion? MR. KAUFMAN: I agree with Mr. Lefebvre. It's six months. It shouldn't take six months to have those trailers vacated. And I don't know what violations there could possibly be in the trailers, if they might possibly be safety violations, if none of the electrical was inspected or plumbing, et cetera. So I'd have a problem with passing this forward as a stipulation without some sort of a shorter time frame to have them vacated, or at least specified in the stipulation. CHAIRMAN KELLY: My comment would be I believe you have to give someone 90 days if you're going to evict them, plus another 30 days to actually remove the trailers. I think 120 would be more realistic. MR. L'ESPERANCE: Mr. Chairman, may I ask, since the respondent is not present, can we amend this document? MS. RAWSON: No, you can't amend the stipulation unless you have the other party to the stipulation here to agree. You'd have to hear the case and, you know, enter into some kind of an order. You Page 12 February 24,2011 know, unless he can call him, get him to come and sign it today, it's not going to be a stipulation unless the respondent signs. MR. KAUFMAN: Has there been any problem getting aho1d of the respondent? INVESTIGATOR WALKER: No there hasn't, sir. MR. KAUFMAN: Based on what was just said, is it possible that a call can be made to him and then enter that line that it would be 120 days, giving him 90 days to give notice to the tenants and then another 30 days to remove the trailers from the property? INVESTIGATOR WALKER: We can make that attempt, sir, but I can't guarantee that I will make contact with him by phone today. CHAIRMAN KELLY: If you don't, this case will be pushed back to normal hearings and maintain its place as number seven in the agenda and we will hear it as a regular case. So you'll be here to present, but just without the respondent. MS. RAWSON: Well, the problem with that is the respondent thinks there's a stipulation, and he's not going to be here to offer his testimony. So that probably violates his due process rights. CHAIRMAN KELL Y: As I understand it, the investigators do ask the respondents to stick around until the case is heard, though, on a normal basis. Did you in fact instruct Mr. Sanchez to stay? INVESTIGA TOR WALKER: At the time of presenting the stipulated agreement with him, he understood that his presence would be required. He said that he may not be able to attend. And he asked, if he was unable to attend, would his stipulation speak for him, and that's what we did, a stipulation. MR. L'ESPERANCE: Mr. Chairman, I suggest that we consider perhaps deferring this item to later in the agenda to see if he's able to successfully contact the respondent and then perhaps address this later in the meeting. CHAIRMAN KELLY: I have no problem doing that, except we Page 13 February 24,2011 would need the respondent here to actually physically sign. A phone call would not suffice. So they would have to get here by the end of the meeting or the county would have to withdraw or we would have a make a ruling, since it is on our document. MR. L'ESPERANCE: I agree. INVESTIGATOR WALKER: And if I could, please, he is an agricultural worker. Whether or not he would be able to get here on such short notice, I can't attest to the fact that he would. It may not be a possibility. MR. BAKER: The county requests to withdraw the case and bring it back next month. CHAIRMAN KELLY: Thank you. Thanks, Weldon. INVESTIGATOR WALKER: Thank you. CHAIRMAN KELL Y: Now, moving on to stipulation number three, Askey, CESD20100008859. (Speaker was duly sworn.) INVESTIGATOR ASARO: Good afternoon. Tony Asaro, Collier County Code Enforcement Department -- or good morning. The respondent has agreed to enter into a stipulation which states pay all operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Applying for and obtaining a Collier County building permit or demolition permit for the mobile home, request all required inspections and obtain a certificate of completion for the structure within 60 days of this hearing or a fine of $200 per day will be imposed for each day the violation remains. Respondent must notify the code enforcement department within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. If the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Page 14 February 24,2011 Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KELL Y: Any questions from the board? MR. KAUFMAN: I'll ask the same question that Mr. Lefebvre asked before. Is this mobile home on the property, is that an existing use for that property? INVESTIGATOR ASARO: It was an existing use. They did have a permit for a guesthouse, but they had swapped -- the prior guesthouse mobile home, they swapped it with another mobile home. So basically they don't have a permit for this one. MR. KAUFMAN: But it's a permitted use? INVESTIGATOR ASARO: It's a permitted use, yeah. MR. KAUFMAN: And is it occupied at the present time? INVESTIGATOR ASARO: It is occupied. CHAIRMAN KELL Y: Do you know if their intention is to keep the trailer and just have it re-permitted? INVESTIGATOR ASARO: That's what their intention is. Their intention is to keep the trailer and work through the permitting process. MR. KAUFMAN: I'm just wondering if60 days is going to be enough for them to work through the process. But I guess if it isn't, then they'll be back here and ask for an extension of time. INVESTIGATOR ASARO: They're aware that they can come back and ask for an extension. MR. LEFEBVRE: Make a motion to accept the stipulated agreement. MR. KAUFMAN: Second. CHAIRMAN KELL Y: Motion and a second. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? Page 15 February 24,2011 MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: And it carries. Thanks, Tony. Next is JCS Realty, CEOCC20100021455. Is that right? MR. BAKER: Yes. (Speaker was duly sworn). INVESTIGATOR McGONAGLE: Good morning. Investigator Michele McGonagle, Collier County Code Enforcement. We have a stipulation agreement. The respondent has agreed that there is a violation and they have stipulated that they will pay all operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of the hearing. And they will abate all violations by: Applying for and obtaining any and all applicable local business tax receipts from the tax collector to include but not limited to a zoning certificate from growth management division within 180 days of this hearing or a fine of $100 per day will be imposed for each day the violation remains. The respondent must notify the code enforcement office 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 Page 16 February 24, 2011 costs of abatement shall be assessed to the property owner. CHAIRMAN KELLY: Can I get you to state your name for the record, please? MR. SHUCART: Christopher Shucart with JCS Realty Group. CHAIRMAN KELL Y: Do you understand and agree to everything that was mentioned there? MR. SHUCART: We do. CHAIRMAN KELLY: And you have authorization to speak on behalf of the companies? MR. SHUCART: I do. CHAIRMAN KELL Y: Any questions from the board? MR. LEFEBVRE: I guess, what kind of business is being run? INVESTIGATOR McGONAGLE: It's palace games, a coin operated amusement. CHAIRMAN KELLY: Any other questions? MR. KAUFMAN: Motion to accept the stipulation-- CHAIRMAN KELL Y: Jim? MR. LA VINSKI: I just noticed, I'm somewhat familiar with the Shucart family. I wasn't familiar with JRS. So I'm going to withdraw from voting on this issue. CHAIRMAN KELL Y: Jean, do you have an extra -- MS. RAWSON: I do. CHAIRMAN KELLY: Let the record reflect that Jim has recused himself from this case. MR. KAUFMAN: Motion to accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. Any discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. Page 1 7 February 24,2011 CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: The motion carries. MR. SHUCART: Thank you very much. INVESTIGATOR McGONAGLE: Thank you. CHAIRMAN KELL Y: Next case, case number five under stipulations, which is really 14, Palm Foundation II, Incorporated, CEVR20100020717. MR. LEFEBVRE: Chairman Kelly, I'm going to be recusing myself for the next two cases. CHAIRMAN KELLY: Okay. Susan, would you like to read it m. (Speakers were duly sworn.) INVESTIGATOR O'FARRELL: For the record, Susan O'Farrell, Collier County Code Enforcement. Mahmoud Gohari, representing Palm Foundation II, Incorporated, has entered into a stipulation with the county whereby he will pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. He will abate all violations by: Replacing required dead plant material with like material; remove exotics and debris from the property in a covered container to a Collier County approved waste disposal facility, and bring the littoral shelf planting area to Collier County standards within 150 days or a daily penalty of $250 will be assessed as long as the violation persists. The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. Page 18 February 24,2011 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 KELLY: Thank you. Good morning, sir. Do you understand and agree to everything that was just read in the stipulated agreement? MR. GOHARI: Yes. CHAIRMAN KELLY: Does the board have any questions about the case? MR. KAUFMAN: I have one question. On the 150 days, is that the time that you're allocating so that the plantings will go in during the rainy season? INVESTIGATOR O'FARRELL: The rainy season and just after the rainy season, yes. CHAIRMAN KELLY: Any other questions? (No response.) CHAIRMAN KELLY: I would -- MR. KAUFMAN: Make a motion. CHAIRMAN KELLY: I was kind of thinking along your lines. You know, that will bring us into July. The rainy season starts about mid-June. It gives them about a month of actual planting. I was wondering if maybe we couldn't extend it another month to get into, you know, the real rains, if that's okay. Any objection from the county? INVESTIGATOR O'FARRELL: We don't have any objection to that. CHAIRMAN KELLY: I was thinking more like 180 days. MR. KAUFMAN: Is that area watered now? MR. ARNOW: No. INVESTIGA TOR O'FARRELL: We're at the low point in the lakes right now. Page 19 February 24,2011 CHAIRMAN KELL Y: So it might be a good idea to help remove additional vegetation by the planting, maybe -- INVESTIGATOR O'FARRELL: They're going to work on removing the exotic vegetation first and then start putting in the littoral plants after that. CHAIRMAN KELLY: Okay. What we're basically doing is trying to get you another 30 days to get into that rainy season. It helps survivability of the plantings that you're going to do. MR. GOHARI: Thank you. CHAIRMAN KELL Y: Any objections to that change? MR. GOHARI: No. CHAIRMAN KELLY: Great. It's just helping by giving you more time. MR. GOHARI: Thank you. CHAIRMAN KELLY: Anyways, that's the discussion. Does anyone want to make a motion? MR. KAUFMAN: I make a motion that we extend the change in the existing stipulation to change it from 150 to 180 days. INVESTIGATOR O'FARRELL: Okay. MR. KAUFMAN: With the rest of it as written. CHAIRMAN KELLY: Okay, we have a motion, do we have a second? MR. LA VINSKI: I'll second it. CHAIRMAN KELLY: Seconded by Jim. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. Page 20 February 24,2011 MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Could we get you, please, to initial the new stipulation. There's just a couple little notes on it. We do have another one as well, but we will have to re-swear everybody in for the separate case. The next case is going to be Palm Foundation II, Incorporated, CEVR20100020718. (Speakers were duly sworn.) CHAIRMAN KELLY: Susan, would you like to read this one in as well. INVESTIGATOR O'FARRELL: Sure. Mr. Mahmoud Gohari, on behalf of Palm Foundation II, Incorporated has agreed to a stipulation with the county for Case No. CEVR20100020718. He has agreed to pay the operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. He will abate all violations by: Replacing required dead plant material with like material; remove exotics and debris from property in a covered container to a Collier County approved waste disposal facility, and bring littoral shelf planting area to Collier County standards within 150 days or a daily penalty of $250 will be assessed as long as the violation persists. 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 KELLY: Thanks. Page 21 February 24,2011 Obviously by initialing the recent changes you agree to the stipulated agreement, correct? MR. GOHARI: Yes. CHAIRMAN KELL Y: Do we have any questions from the board? MR. KAUFMAN: Yeah, what's the difference in this case versus the previous case? INVESTIGATOR O'FARRELL: It's two different lakes. We have tract L-2 and L-1. MR. KAUFMAN: Okay. CHAIRMAN KELL Y: Any other questions? (No response.) CHAIRMAN KELLY: Entertain a motion. MR. KAUFMAN: Motion to accept the stipulation as written. MR. GOHARI: Same? Should go to 180 for this one too? CHAIRMAN KELLY: That's correct. MR. KAUFMAN: It's on there. CHAIRMAN KELLY: That's exactly what she read in, 180 days, and that we do have a motion accepting the 180 days, correct? MR. GOHARI: Yes. CHAIRMAN KELLY: Okay, good. We have a motion, do we have a second? MR. DEAN: I'll second the motion. CHAIRMAN KELLY: Seconded by Mr. Dean. Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. Page 22 February 24,2011 MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Motion carries. INVESTIGATOR O'FARRELL: Thank you. CHAIRMAN KELL Y: Thank you. MR. BAKER: Mr. Chair, we do have one additional stipulation agreement as well. CHAIRMAN KELLY: Which case is it? MR. BAKER: It's number 10 on the agenda, Case CESD20090008252, Rene Zafra, Jr. and Maria Zafra. CHAIRMAN KELL Y: We're going to need an amendment to our agenda. MR. KAUFMAN: Motion to amend the agenda. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Motion carries. (Speakers were duly sworn.) INVESTIGATOR POTTER: Good morning. The parties have met in Case CESD20090008252, and have stipulated as follows: Pay operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days of this hearing. And he's Page 23 February 24,2011 agreed to abate all violations by: Apply for and obtain a Collier County building permit or demolition permit for the enclosed garage alterations, request all related inspections through to issuance of certificate of occupancy within 120 days of this hearing or a fine of $150 per day will be imposed until the violation is abated. The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation 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 state your name? INVESTIGATOR POTTER: Oh, excuse me. For the record, Janice Potter, Collier County Code Enforcement Investigator. CHAIRMAN KELLY: Thanks. Good morning, sir. MR. ZAFRA: Good morning. CHAIRMAN KELL Y: Could I get you to state your name for the record, please. MR. ZAFRA: Rene Zafra, Jr. CHAIRMAN KELL Y: Do you understand and agree to everything that was just read and you've signed? MR. ZAFRA: Yes. CHAIRMAN KELLY: Do we have any questions from the board? MR. KAUFMAN: Is the structure occupied? INVESTIGATOR POTTER: Yes, it is, sir. MR. KAUFMAN: We're back to the question of-- MR. DEAN: Safety. MR. KAUFMAN: -- safety and health on that structure. Have you been in the structure? Page 24 February 24,2011 INVESTIGATOR POTTER: I have. MR. KAUFMAN: Does it seem to be in order? I know that you're not a licensed electrician or plumber, but what was your opinion of the interior? INVESTIGATOR POTTER: I believe it was fine. MR. DEAN: My question would be, is somebody living in there now? MR. ZAFRA: Yes. I do. It's part of my house. I did this 10 years ago. And it some reason or another got into the county. My son's girlfriend I guess turned us in. Something I did 10 years ago. I didn't know I needed a permit back then to do this. You know, everything else I've done in my house has been permitted because I know I needed it. But back then 10 years ago I didn't know I needed to do that, to take down an aluminum door and put a hard structure wall up. So that's my fault. MR. DEAN: Yeah, I know the board's main concern all the time, which makes sense, is a safety issue. And because, you know, the wiring and plumbing and things like that. MR. ZAFRA: I did everything myself. I did electrical work, I did plumbing, I did everything from cabinets that I put in there to new tile. I mean, it's -- I did everything. CHAIRMAN KELLY: Typically our concern is really of safety. In these situations where the home's existed now for 10 years in this situation and you having comfortable knowledge of those issues, we probably request that perhaps you could for instance trip the breaker to maybe the area that that addition is, the garage, just in case there's problems, until this is rectified? MR. ZAFRA: That's fine. CHAIRMAN KELL Y: Any other suggestions from the board? (No response.) CHAIRMAN KELLY: Entertain a motion. Page 25 February 24, 2011 What are your plans? Are your plans to try to raise that four-inch foundation and get this permitted? MR. ZAFRA: No, no. When they poured my house, my slab was -- I have blueprints and everything showing that the slab was poured continuously throughout the house. So I didn't have to do no slab work. What I did was take down a garage door, put up two windows with a framed structured wall. CHAIRMAN KELL Y: So it may be as simple as just getting a permit? MR. ZAFRA: Yes, sir. MR. KAUFMAN: Motion to accept the stipulation as written. MR. LEFEBVRE: Second. MR. DEAN: I'll second the motion. CHAIRMAN KELLY: Motion and second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMANKELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Good luck with that. If you do run into problems, you need additional time, please let us know before this expires. It helps. Thanks. MR. ZAFRA: Thank you very much. CHAIRMAN KELL Y: No more stips? MR. BAKER: (Shakes head negatively.) Page 26 February 24,2011 CHAIRMAN KELLY: Okay, moving on to letter C, hearings, Case No.1, Marvin and Donna Schroeder, CESD200100003214. Is the respondent here? (Speaker was duly sworn.) MR. BAKER: This is in reference to violation of ordinance Florida Building Code 2007 Edition, Chapter 1, permits, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and Section 1O.02.06(B)(1)(e). Description of violation: No Collier County permits for construction of two structures appearing to be a garage and a barn. Location/address where violation exists: 3801 21st Avenue Southwest, Naples, Florida, 34117. Folio 38050720001. Name and address of owner/person in charge of violation location: Marvin and Donna Schroeder, 3801 21st Avenue Southwest, Naples, Florida, 34117. Date violation first observed: March 12th, 2010. Date owner/person in charge given Notice of Violation: November 5th, 2010. Date on/by which violation to be corrected: December 6th, 2010. Date of reinspect ion: December 7th, 2010. Results of reinspection: The violation remains. INVESTIGATOR PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20100003214, dealing with violations of no Collier County permits for construction of two structures appearing to be a garage and a barn. Location of the violation is at 3801 21st Ave. Southwest, Naples, Florida, 34117. Folio number is 38050720001. Service was given on November 5th, 2010 by site posting. I would like to present case evidence in the following exhibits: Two photographs of the two structures. CHAIRMAN KELLY: Has the respondent seen the pictures? Page 27 February 24,2011 INVESTIGATOR PEREZ: Yes, I reviewed the pictures with him. 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. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries. Which is good, because we see them now. INVESTIGATOR PEREZ: So before you is the barn structure. And then the other picture will be of the garage. So this case was initiated on March 12th, 2010 as a complaint. And upon further permit research and review of the area photos and property card it was found no permits were obtained for these two structures. Investigator Carol Sykora and myself met with Mr. Schroeder on July 15th, 2010. We discussed an option provided by zoning to possibly obtain a variance, because the structures do not meet the minimum setbacks required in their zoning district. Mr. Schroeder also explained that the buildings were on the property when he and his wife purchased the property. Aerial photos show that the buildings were both in the 2001 aerial photo, and Mr. Page 28 February 24,2011 and Mrs. Schroeder's deed is dated January 12th, 2004. After further discussions with Mr. Schroeder regarding the unpermitted buildings, the respondent has expressed financial hardship in attempt to obtain the permits at this time. CHAIRMAN KELLY: Do you have any aerial photos? INVESTIGATOR PEREZ: I do. Which I have also shared with Mr. Schroeder when we were out in the hall. CHAIRMAN KELL Y: Are they part of your original packet that you are entering? INVESTIGATOR PEREZ: I could submit them as part of it. I do have them to keep -- you know, leave them as evidence. So I will submit that there is a total of -- there's a 2010 aerial photo, a 2002 and a 20 -- a 2002 and a 2001 aerial photo. MR. KAUFMAN: Motion to accept it. MR. LEFEBVRE: Second. CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: Carries. INVESTIGATOR PEREZ: And I'd also like to correct something from my testimony. The aerial photos appeared not in the -- one of them did not appear in 2001 but both of them appeared in 2002. This is the most recent aerial photo found on the property appraiser's website. And you can see the structure furthest down is the Page 29 February 24,2011 principal structure. And then the two structures that follow with the gray colored roofs are the two structures in question. The house -- there's another structure towards the back end of the property on the top of the page. That is the guesthouse that is permitted and C.O.'d, and then the principal structure was also permitted and C.O.'d in the Eighties. CHAIRMAN KELLY: The middle structure, if you will, or the one that's closest to the main house, is that the one that has the setback issue? INVESTIGATOR PEREZ: They actually both do. In discussions with Mr. Schroeder from his survey, the one that's closest to the principal structure is 12 feet away from the property line. And the one north of it is 17 feet away from the property line. MR. KAUFMAN: That's marked on the photos as well. INVESTIGATOR PEREZ: Yeah, I noted it on there, just from my conversations with him. MR. KAUFMAN: And the property was purchased when? INVESTIGATOR PEREZ: The deed is dated January 12th, 2004. MR. KAUFMAN: So in 2004 when the property was purchased, both structures were on there. INVESTIGATOR PEREZ: Right. And there's another photograph that also shows both structures, which is the 2002 aerial photo. MR. LEFEBVRE: What's the minimum setback? INVESTIGATOR PEREZ: I believe the minimum setback in this area is 30 feet. This is the 2002 aerial photo that shows both structures on the property. I also have a 1995 aerial photo that shows what could possibly be one of the structures, but it's not as large as what is on there as those two. Page 30 February 24,2011 MR. KAUFMAN: Little grainy? CHAIRMAN KELLY: What about permit history? INVESTIGATOR PEREZ: The other two permits that are on there are the two principal -- you know, the two -- the guesthouse and the main house. I have a property card showing those two permit numbers. And upon reviewing those in the records department, it was 1987 permits and both of those permits were issued and completed for the house and the guesthouse. CHAIRMAN KELL Y: And no other permits subsequent to those? INVESTIGATOR PEREZ: Not for structures. I can't recall-- you know, I'm sure there's -- you know, at this time I can't recall if there's any for anything else on there. CHAIRMAN KELLY: Okay. Anything further? INVESTIGATOR PEREZ: No, sir. CHAIRMAN KELL Y: How about questions from the board for the county? MR. LEFEBVRE: Would the setbacks -- do you know if the setbacks were the same -- I know we're not talking about setbacks, but were they the same in '95? Let's say if the structure was built in '95, were they the same as they are now? INVESTIGATOR PEREZ: I can't answer that question. I'm not sure. You know, I'd be glad to review that with the zoning department MR. LEFEBVRE: That's all right. INVESTIGATOR PEREZ: -- in Mr. Schroeder's case. MR. LEFEBVRE: Just curious to see, ifhe goes to get a permit, a variance is probably going to take some time to get. INVESTIGATOR PEREZ: Right. CHAIRMAN KELLY: Okay, anything else from the board? MR. LEFEBVRE: All set. Page 3 1 February 24,2011 CHAIRMAN KELLY: Good morning, Mr. Schroeder. You haven't seen this type of case yet because we were doing stipulations. But basically county has presented all their side. Now it's your chance to basically tell us in plain language your side of the story so that we can get a good picture on what we can do to help you resolve this. MR. SCHROEDER: We just come down here to buy a place, and this was the place I wanted because it had two nice big buildings. I weld, I do a lot of other stuff, you know. And I still haven't even moved my tools down here from Minnesota. And anyway, we come up with this deal here. And one of the neighbors, he's an agitator, he don't even like my rooster crowing. And the dog barks wrong and he's calling the animal control, you know. But the other neighbors are fine with everything, you know. And then my wife had a heart attack here and all this too yet. And I just don't have no money to operate right at this time, you know. So that's why I've been kind of dragging on this. But I'd be willing to go with a variance and try and work with somebody. But as far as moving the buildings, I think it would be impossible, you'd ruin the structure. I'd like to get a variance, because they're both nice buildings. The horse barn looks a little ragged because I just, you know, ain't had time to do anything because of all this scuttlebutt. Because I'd like to re-sheet it with tin, you know, and made it look nice like the other building. But that's about all I've got to say. It's -- I'll work with you, but I don't want to spend a lot of money, because I don't have it. I do pay my taxes. CHAIRMAN KELL Y: Very good, thank you. Do we have any questions from the board? MR. KAUFMAN: Did you have a survey done when you Page 32 February 24,2011 purchased the property? MR. SCHROEDER: I had a title search. My daughter's a realtor in Minnesota. She says, get a title search, everything will be fine, dad. Well, down here I guess they don't go in that far on it. But I paid 500 bucks to have a title search. Everything was supposed to be good. And this is where I'm at. MR. KAUFMAN: This is the headlines in the newspapers that say these are the type of cases where people should have their homes inspected by code enforcement to see if there are any unpermitted parts of the deal. So unfortunately you bought it what, eight, nine years ago? MR. SCHROEDER: Yeah. MR. KAUFMAN: And that's before this had come to light. MR. SCHROEDER: Well, we had the whole structure of the house gone through because of hurricane insurance. The people we took the insurance out with had this guy come and check. They said both the guest house and the house was well structurally built. And electric was fine. So I took and tried to do everything, you know, but this got slipped up here. CHAIRMAN KELLY: Well, I know this isn't going to make you feel any better, but I can tell you, you are certainly not alone. There are a number of people in this county that are in your exact same shoes right now who bought property unsuspected and have later found that there are code violations that exist. And the way our local ordinances and laws are written, those violations go with the current property owner. Regardless of who did the bad, it's up to the guy -- MR. SCHROEDER: Right. CHAIRMAN KELL Y: -- who owns it now to take care of it. So I'm sorry that you're in this situation, and I'm sure the board will try to work with you. I have a question for the county. As far as variance and time Page 33 February 24,2011 tables and everything, can you give us some ideas of time frame, how long you think it will take? INVESTIGATOR PEREZ: I would say something like that would at least exceed six months. You know, I don't know is that's something that we could start with and then we can, you know, continue to work with Mr. and Mrs. Schroeder and keep in communication as how that process is going and update the case. CHAIRMANKELLY: Okay. MR. KAUFMAN: I'd like to make a motion that we find the respondent in violation. MR. LEFEBVRE: Second. CHAIRMAN KELL Y: 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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELL Y: And does the county have a recommendation? INVESTIGATOR PEREZ: Yes, sir. That the Code Enforcement Board orders the respondent to pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days, and abate all violations by: Applying for and obtaining Collier County building permits or demolition permits for the described unpermitted structures. Request all related inspections through to issuance of certificate of completion with "X" amount of days of this hearing or a Page 34 February 24,2011 fine of "X" amount of dollars will be imposed until the violation is abated. Also, that 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 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. LEFEBVRE: Can you put the -- MR. KAUFMAN: Recommendation. MR. LEFEBVRE: -- recommendation. Yes, thank you. CHAIRMAN KELLY: Well, it's-- MR. LEFEBVRE: I'll give it a shot. Fill in the blanks, where it says the amount of days, 270 days. And a fine of $150 a day will be imposed. CHAIRMAN KELLY: Okay, we have a motion to accept the county's recommendation, 270 days and $150 per day. Do we have a second? MR. KAUFMAN: Second. CHAIRMAN KELL Y: 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) Page 35 February 24, 2011 CHAIRMAN KELLY: Okay, so what we did is we gave 270 days to try to get your ducks in a row, work with county to figure out how you could work with these structures. If you see a dead end, if you see as though it might be more trouble than what it's worth, then this also gives you the option to take the structures down and restore the property to what it would have been like before they were built. If you run into a problem or you're midstream in, let's say for instance, a variance petition or if you go in front of the Board of County Commissioners and ask for their help, please let us know before that 270 expires so that maybe we can possibly extend the time frame for you. I can tell you, good communications helps greatly. MR. SCHROEDER: Okay, appreciate it. CHAIRMAN KELLY: Yes, sir. Good luck. MR. SCHROEDER: Thank you. INVESTIGATOR PEREZ: Thank you, gentlemen. MR. BAKER: Mr. Chair, we have a translator here for one of the imposition of fines cases, so can we move that forward and take that? CHAIRMAN KELLY: Only ifmy fellow board members recommend that we change the agenda. MR. LEFEBVRE: Make a motion to amend the agenda. Which case is it? MR. BAKER: It's number two under impositions of fines, CESD20090014845, Felix and Guadalupe Alvarado. MR. LEFEBVRE: To move that case up. CHAIRMAN KELLY: Motion. Do we have a second? MR. KAUFMAN: Second. CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. Page 36 February 24,2011 MR. KAUFMAN: Aye. MR. DOINO: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) (Speakers and Interpreter Nora Baeza were duly sworn.) CHAIRMAN KELL Y: Just for the record, you know, Supervisor, if you want to read the case into the record, please. SUPERVISOR SNOW: Yes, sir. This is CEB Case No. CESD20090014845, Board of County Commissioners versus Felix and Guadalupe Alvarado. The violation is of Florida Building Code 2004 addition, Chapter 1, Permits, Section 105.1. The location is 4810 Myers Road, Immokalee, Florida. The Folio No. is 00055000000. The description is a metal carport erected without first obtaining a Collier County building permit. And the past orders: On February 25th, 2010 the Code Enforcement Board issued a finding of fact, a 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 4546, page is 1070, for more information. An extension of time was granted on July 22nd, 2010. See the attached Order of the Board OR 4591, Page 1671 for more information. The respondent has complied with the CEB orders as of November 8th, 2010. The fines and costs to date are described as follows: Order number one and two, fines at the rate of $200 per day for the period of October 21st, 2010 and November 8th, 2010, 19 days, for a total of$3,800. Operational costs of$80 have been paid. The total amount to date is $3,800. Page 37 February 24, 2011 MR. KAUFMAN: Motion to abate. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and second. Any discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELL Y: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: Could you please let the respondent know that we have abated his fines; he will not owe the county anymore money. We thank him very much for working hard to correct the issue. INTERPRETER: Not anymore? SUPERVISOR SNOW: No. INTERPRETER: Not even court costs or anything? CHAIRMAN KELL Y: He already paid it. SUPERVISOR SNOW: We thank the Board. CHAIRMAN KELLY: Thank you. MR. KAUFMAN: One smile and a wave. MR. ALVARADO: Thank you. Thank you. CHAIRMAN KELL Y: All right, returning to our regular agenda items. Case No.8, Mario and Rosalba Chavez. Are the respondents here? (Speaker was duly sworn.) Page 38 February 24,2011 THE COURT REPORTER: May I have your name, please? INVESTIGATOR KINCAID: Collier County Code Investigator James Kincaid. K-I-N-C-A-I-D. THE COURT REPORTER: Thank you. MR. BAKER: This is in reference to violation of ordinance permit application when required, Florida Building Code 2007 edition, Chapter 1, Permits, Section 105.1. Building and land alteration permits, permits, inspections, certificate of occupancy required, Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1)( a). Description of violation: Unpermitted structures built in the rear yard of residential property. Location/address where violation exists: 5305 Confederate Drive, Naples, Florida, 34113. Folio 62043160000. Name and address of owner/person in charge of violation location: Mario H. and Rosalba T. Chavez, 5305 Confederate Drive, Naples, Florida, 34113. Date violation first observed: November 19th, 2009. Date owner/person in charge given notice of violation: November 22nd, 2010. Date on/by which violation to be corrected: December 10th, 2010. Date of reinspect ion: December 13th, 2010. Results of reinspection: The violation remains. INVESTIGATOR KINCAID: Good morning. CHAIRMAN KELL Y: Good morning, Investigator. I have a quick question. Were you able to get good service on this property? INVESTIGATOR KINCAID: Yes, sir. CHAIRMAN KELLY: Sorry to interrupt your flow. Please. INVESTIGATOR KINCAID: For the record, James Kincaid, Collier County Code Enforcement. Page 39 February 24,2011 This is in reference to Case No. CESD20090018083, dealing with unpermitted structures in the rear yard of residential property. This is in violation of Florida Building Code, 2007 edition, Chapter 1, Section 105.1 and the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The location of the violation is 5305 Confederate Drive, Naples, Florida, 34113-8780. Folio No. is 62043160000. Service was by posting on November 12th -- November 22nd, excuse me, 2010. The code case on this property was opened on November 24th, 2009 by Code Investigator Michele Crowley. A code enforcement foreclosure team pursued possible bank or owner corrections of the violations for several months. These attempts were unsuccessful. The case was then turned over to Investigator James Kincaid. An NOV was mailed regular and certified, and the property and courthouse were posted on November 22nd, 2010. Additional site visits were made on February 23rd, 2011. The violation remains. I'd like to submit in evidence four photographs dated November 12th, 2010, taken by me, and showing the unidentified concrete block structure -- block and stone structure gazebo, a pool deck and then a view of all three structures. I also would like to admit into evidence three photographs dated February, 2011 taken by me as well showing that the concrete block structure, the gazebo and the pool deck still remain. MR. KAUFMAN: Motion to accept the exhibits. INVESTIGATOR KINCAID: First photograph is of the -- CHAIRMAN KELLY: Real quick, let's get them entered into evidence, if we can. We have a motion, do we have a second? MR. LA VINSKI: Second. CHAIRMAN KELL Y: Seconded by Jim. Any discussion? Page 40 February 24,2011 (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMANKELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, sir, thank you. INVESTIGATOR KINCAID: First picture is of the unidentified concrete block structure. Second picture is of the gazebo. Third picture is of the -- what remains of a pool deck. And the pool it is not there, it's been removed. The fourth picture taken from the neighboring property. Kind of gives you an overview of how the structure is set in the backyard. Second set of photos taken yesterday just gives you -- just verifies that the structures basically are still on site. The first one is the block structure, second the gazebo, and third the pool deck. MR. L'ESPERANCE: Investigator Kincaid, I have a question. Is this property in foreclosure or is this bank owned? INVESTIGATOR KINCAID: It is in foreclosure and has been for quite some time. It's also vacant at this time. MR. L'ESPERANCE: Thank you. CHAIRMAN KELLY: Any other questions? (No response.) MR. KAUFMAN: Motion to find them in violation. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Any discussion? Page 41 February 24,2011 (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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, does the county have a recommendation? INVESTIGATOR KINCAID: Yes, sir. The county recommends that the Code Enforcement Board order the respondent to pay all operational costs in the amount of blank incurred in the prosecution of this case within 30 days, and abate all violations by: Must apply for and obtain all permits and request or cause inspections required for described structurelimprovements through and including a certificate of occupancy completion -- or completion within blank days of this hearing or a fine of blank dollars a day will be imposed until the violation is abated. Or must apply for and obtain a Collier County demolition permit, request and cause inspections through and including a certificate of completion and remove structure improvement including materials from the property and return to a permitted state within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. 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 and may use the Page 42 February 24,2011 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. BAKER: The operational costs are $80.86. CHAIRMAN KELLY: Okay. MR. KAUFMAN: You want to post that on the visualizer? INVESTIGATOR KINCAID: Yes, sir. MR. LEFEBVRE: Quick question. Will permits be needed to remove these structures? Will permits be needed to remove these structures? INVESTIGATOR KINCAID: Yes, sir. CHAIRMAN KELL Y: Anyone like to take a shot at it? MR. KAUFMAN: I'll give it a shot. $80.86 paid within 30 days. $250 a day fine commencing after 60 days. What else am I missing? CHAIRMAN KELL Y: Do you want that for both number one and two? MR. KAUFMAN: Yes. CHAIRMAN KELLY: So we're going to accept the county's recommendation with 60 days and a fine of $250 a day for both one and two. Do we have a second? MR. LEFEBVRE: Question. The way this reads, will it be a $500 fine after 60 days if -- MR. KAUFMAN: Yes. MR. LEFEBVRE: -- if one or the other isn't done? CHAIRMAN KELLY: Yeah, this is the old forms. I think we got away from these because of the double jeopardy. MR. LEFEBVRE: Right. CHAIRMAN KELLY: You know, we can scrap this form if you wanted to amend it, and we can just construct our own. MR. BAKER: Mr. Chair, it does say "or" at the end of item Page 43 February 24,2011 number one. It's either one or two. CHAIRMAN KELLY: Or. MR. LEFEBVRE: I want to make sure that it's not 250 -- MR. BAKER: Yeah, it's either/or. MS. RAWSON: I usually just put that in one sentence, that you either get a building permit or you get a demolition permit. CHAIRMAN KELL Y: Okay, so the order will be written the way we do it typically. Okay, great. Thanks, Jean. She's keeping us straight. All right, so we have a motion. Was that your second, Gerald? MR. LEFEBVRE: I'll second it. CHAIRMAN KELLY: 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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELL Y: And it carries. Thank you, Investigator Kincaid. How about a break, Cherie'? THE COURT REPORTER: Thank you. CHAIRMAN KELL Y: You're welcome. We'll take a break and reconvene at 10:30. (Recess. ) CHAIRMAN KELLY: I'd like to call the Code Enforcement Board back to order. Page 44 February 24, 2011 We do have a change in the agenda. If we can get a motion and approval. We want to take number 13 under hearings. It's going to be a stipulation. We'd like to put that next in line, if that's -- MR. LEFEBVRE: I'd like to amend the agenda and move Case No. CESD20100009141 up. MR. KAUFMAN: Second. MR. DEAN: Up to what? CHAIRMAN KELL Y: 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, may we have the parties sworn in, please. (Speakers and Interpreter Michaela Perdigon were duly sworn.) INVESTIGATOR BALDWIN: For the record, Patrick Baldwin, Collier County Code Enforcement Investigator. The Board of County Commissioners, Collier County, Florida has entered into a stipulation agreement with Gloria Perdigon. And therefore it is agreed between the parties that the respondent shall pay operational costs in the amount of $83.43 incurred in the prosecution of this case within 30 days. Two: Abate all violations by applying for and obtain Collier County building permits or Collier County demolition permits for all unpermitted structures. Request all related inspections through to Page 45 February 24,2011 issuance of certificate of completion or occupancy within 120 days of this hearing or a fine of 150 days (sic) will be imposed until the violation is abated. Three: The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. Four: That if the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. MR. KAUFMAN: It should be $150, not days. INVESTIGATOR BALDWIN: I'm sorry, fine of$150. MR. KAUFMAN: Per day, right? INVESTIGATOR BALDWIN: Per day. CHAIRMAN KELLY: We're going to give a second and let the translator catch up. Cherie', do you have their names for the record? THE COURT REPORTER: Yes, thank you. CHAIRMAN KELLY: Okay, great. Could you ask if she understands and agrees to everything that's in the stipulated agreement that was just read and that you signed? INTERPRETER: Yes, she does. CHAIRMAN KELLY: Is 120 days going to be enough time for her to complete this? INTERPRETER: She says yes, she's going to -- that she's going to try. She's not going to try, she's going to make it happen in 120 days. And if she doesn't, then she will come and ask for the -- CHAIRMAN KELLY: Any questions from the board? MR. KAUFMAN: Motion to approve the stipulation as written. MR. DEAN: Second the motion. CHAIRMAN KELL Y: Motion and a second. Page 46 February 24,2011 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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: And the motion carries. Thank you very much. INVESTIGATOR BALDWIN: Thank you. INTERPRETER: Thank you. CHAIRMAN KELL Y: Okay, back to hearings. Case No.9, Carlos and Diana DeLeon. Are the respondents here? (Speaker was duly sworn.) MR. BAKER: This is in reference to violation of Ordinance Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1, Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a), Florida Building Code, 2007 edition, Chapter 1, Permits, Section 11 0.1. Description of violation: Permit No. 2000010167 for addition of a garage and Florida room has expired. Location/address where violation exists: 5210 Jennings Street, Naples, Florida, 34113. Folio 62310440000. Name and address of owner/person in charge of violation location: Carlos and Diana O. DeLeon, 5210 Jennings Street, Naples, Florida, 34113. Page 47 -___'.m'._.....___.__.__,._._"___,~c__._.,.. February 24, 2011 Date violation first observed: April 15th, 2010. Date owner/person in charge given Notice of Violation: November 22nd, 2010. Date on/by which violation to be corrected: December 10th, 2010. Date of reinspect ion: December 29,2011. Results of reinspection: The violation remains. INVESTIGATOR KINCAID: Good morning again. For the record, James Kincaid, Collier County Code Enforcement. This is in reference to Case No. CESD20100005001 dealing with Collier County Building Permit No. 200010167 that expired on July 10th, 2000 without the applicant receiving all necessary inspections and a certificate of occupancy. This is violation of Florida Building Code 2007, Section 10.02.06(B)(1)(a). And a Collier County Code of Laws, Chapter 22, Building Regulations, Article 2, Florida Building Code, adoption and amendment of the Florida Building Code, Section 22-26 110 through 110.1. The location of the violation is 5210 Jennings Street, Naples, Florida, 34113-7742. The Folio No. is 62310440000. Service was by posting on November 22nd, 2010. During the investigation of a weed and grass complaint at the same address, I observed a possible permitting violation. Further research of the property found that Permit No. 2000010167 for the construction of a garage and a Florida room had expired on July 10th, 2000 and is stil11acking required inspections and a certificate of occupancy. A code case for the violation was opened on April 15th, 2010. The case was turned over to a code enforcement foreclosure team to pursue possible bank or owner correction of the violations. After approximately seven months of unsuccessful attempts, the case was returned to me. An NOV was mailed regular and certified Page 48 February 24, 2011 and the property and courthouse were posted on November the 22nd, 2010. Additional site visits were made on February 23rd, 2011. The violation remains. I would like to present case evidence in the following exhibits: Five photos date April 14th, 2010, taken by me, and also two photographs dated February 23rd, 2011, also taken by me. I'll just kind of explain -- give you an overview of the property and just help you to -- MR. KAUFMAN: Motion to accept the exhibits. MR. LEFEBVRE: Second. CHAIRMAN KELLY: 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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Okay, go ahead, sir. INVESTIGATOR KINCAID: I'll just kind of walk you through the property and give you an overview of kind of where things are situated as far as the addition and where the garage has been added. So the first picture I'm going to show you is a street view looking at the structure from in front of the house. It shows the front elevation of the garage. The second picture is taken from the side, kind of at the front door looking into the garage. And you can see the garage is Page 49 February 24, 2011 incomplete and there is no garage door. And some of the building material as well as quite a bit of litter is actually stored inside the structure. MR. KAUFMAN: Did you say originally that this was from 2000? INVESTIGATOR KINCAID: It is a 2000 building permit. The next picture is showing the right elevation of the house and also the right corner of the Florida room. The next picture would show you the left side elevation and the left rear corner of the Florida room. Then the final picture of the first date submitted into evidence would be just an overall view of the rear of the property showing the Florida room incomplete. The next two pictures taken from the neighboring property show the house as it exists today. I was unable to access the property on the other side to take a picture, so I have a picture of the front elevation of the house and also from a neighboring property, the rear elevation. MR. KAUFMAN: Could you show that previous picture one more time? INVESTIGATOR KINCAID: (Indicating.) MR. KAUFMAN: Thank you. CHAIRMAN KELL Y: So the permits that are hanging are all expired? INVESTIGATOR KINCAID: Sir? CHAIRMAN KELL Y: The permits that are hanging in the window, those are expired permits? INVESTIGATOR KINCAID: Those are postings, the NOV, notice of hearing, and legal documents for the appearance today. CHAIRMAN KELL Y: That's how you were able to obtain service? INVESTIGATOR KINCAID: Yes, sir. CHAIRMAN KELL Y: Any other questions? Page 50 February 24,2011 MR. KAUFMAN: Has this house ever been lived in; do you know? INVESTIGATOR KINCAID: Yes, sir. At one time it was lived in. The permits were pulled by the owner of record. Pretty much all the permits were done on the house. There were no final inspections done, so all the rough-in permits were done and I think passed. But none of the final inspections were done, and there was no CO. ever issued on the property. MR. KAUFMAN: I'd like to make a motion to find him in violation. MR. L'ESPERANCE: Mr. Chairman, I have one question before we proceed. CHAIRMAN KELLY: Okay. MR. L'ESPERANCE: With the garage door obviously not present, would it be fair to say this structure is open to people entering the building without permission? INVESTIGATOR KINCAID: They could enter the garage part of it. The rest of the building is secure. There is also a window from I guess the existing structure that would -- if it were broken out or something, it would provide pretty easy access to the property. But otherwise the property at this time is secure. MR. L'ESPERANCE: Thank you, Mr. Chairman. CHAIRMAN KELL Y: We have a motion, do we have a second? MR. LA VINSKI: Second. CHAIRMAN KELLY: Seconded by Jim. Discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. Page 51 February 24,2011 MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: Okay, a violation does exist. Do you have a recommendation that we will not put on the screen? INVESTIGATOR KINCAID: Yes, sir. Recommendation that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of -- incurred in the prosecution of this case within 30 days and abate all violations by: Must apply for and obtain all permits, and request or cause inspections required for described structurelimprovements through and including a certificate of occupancy/completion within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. Or two: Must apply for and obtain a Collier County demolition permit, request or cause inspections through and including a certificate of completion, and remove structurelimprovements including materials from the property and return to a permitted state within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. Three: 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 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. CHAIRMAN KELL Y: Any questions or -- MR. KAUFMAN: Let me see if! can fill in the blanks. Page 52 February 24, 2011 CHAIRMAN KELL Y: Hang on, Gerald's got a question. MR. LEFEBVRE: Operational cost? What's the operational cost? MR. BAKER: $81.15. MR. LEFEBVRE: Thank you. MR. KAUFMAN: Filling in the blanks, $250 a day fine, commencing after 60 days, with the operational cost of $81.15 paid within 30 days. CHAIRMAN KELLY: Do we have a second? MR. LA VINSKI: Second. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Pick one. 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELL Y: And it carries. Thank you, Investigator Kincaid. INVESTIGATOR KINCAID: Thank you. CHAIRMAN KELLY: Next case is going to be Senen Lugo. (Speakers were duly sworn.) MR. BAKER: This is in reference to violation of Ordinance Collier County Code of Laws, Chapter 22, Article II, Section 22-26.(b)( 1 04.1.3 .5), Florida Building Code, 2007 edition, Chapter 1, Page 53 February 24,2011 Section 111.1, building and land alteration permits. Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1 )(a). Description of violation: Unpermitted improvements to master bedroom and bathroom prior to obtaining a Collier County approval, necessary inspections and Certificate of Completion. Fence with expired Collier County building permit. Location/address where violation exists: 4287 12th Avenue Northeast, Naples, Florida, 34120. Folio 40475200000. Name and address of owner/person in charge of violation location: Senen Lugo, 4287 12th Avenue Northeast, Naples, Florida, 34120. Date violation first observed: December 29th, 2009. Date owner/person in charge given notice of violation: October 13th, 2010. Date on/by which violation to be corrected: November 10th, 2010. Date of reinspect ion: December 30th, 2010. Results of reinspection: The violation remains. INVESTIGATOR BALDWIN: Good morning. For the record, Patrick Baldwin, Collier County Code Enforcement Investigator. This is in reference to Case No. CESD20090019403 pertaining to unpermitted improvements to the master bedroom and bathroom prior to obtaining a Collier County approval, necessary inspections and certificate of completion. And a fence with expired Collier County building permit. Located at 4287 12th Ave. Northeast, Naples, Florida, 34120. And -- I'm sorry, the note of violation was issued on 10/13/2010. And I would like to present case evidence as follows with Exhibits B-1 through 8. They were taken by Investigator Keegan on 12/28/2009. I was also in his presence. And C-1, photo taken by me on 10/13/2010. Page 54 February 24,2011 And D-1, a photo taken by me yesterday, 2/23/11. MR. KAUFMAN: Motion to accept the exhibits. MR. LEFEBVRE: Second. CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) INVESTIGATOR BALDWIN: This is -- the violation was first observed by Investigator Keegan and myself on 12/29/2009. The violations included: The walls erected in the master bedroom and bathroom, and the fence without a Collier County building permit. This was a dismantled grow house that we found on one of our vacant home sweeps. There was also weeds and litter on the property. We turned it over to the foreclosure team. The foreclosure team successfully got the weeds and the house boarded up and the marijuana paraphernalia taken out of the grow house. But the walls that were erected inside the master bedroom and the bathroom and the fence still were not permitted, so it was turned back over to me. I issued the Notice of Violation on 10/13/2010, and here we are today, still the violation has not been abated. I'd like to show you some pictures of the violation. First one is the outside view of the house upon first going there. Second one is inside the garage. I believe this next one's a little blurry, it's also taken of inside the garage. The next one was part of the master bedroom and -- the next two Page 55 February 24,2011 -- next three were part of the master bedroom and bathroom. And I believe also this next one as well. MR. L'ESPERANCE: Is this property bank owned? INVESTIGATOR BALDWIN: No, it is in lis pendens right now though. MR. L'ESPERANCE: Thank you. INVESTIGATOR BALDWIN: The last one was a picture of the garage. But all of the marijuana paraphernalia stuff has been removed from the inside of the property. MR. KAUFMAN: How about all the plumbing and air conditioning and all the rest of that that's in there? I'm sure none of that has been permitted. INVESTIGATOR BALDWIN: Well, I was under the impression that that stuff has been taken out, but no permits have been pulled. Since our first initial visit we have not been able to get inside the house, it has been boarded up. If you want to see the next photo here of when the property was posted, it has been boarded up. And this is as of yesterday. MR. KAUFMAN: Motion that we find them in violation. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Okay, 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? Page 56 February 24, 2011 (No response.) CHAIRMAN KELL Y: Do you have a recommendation? INVESTIGATOR BALDWIN: Yes, I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $83.43 that (sic) incurred in the prosecution of this case within 30 days, and abate all violations by: One: Applying for and obtaining a Collier County building permit or a Collier County demolition permit for all unpermitted construction additions and/or alterations; obtain all unrelated inspections and certificates of occupancy within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. Two: 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 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: Have you been in contact with the people who own this property? INVESTIGATOR BALDWIN: No, I have not. MR. KAUFMAN: I'll give it a shot. Operational costs, $83.43 within 30 days; $250 a day fine; 60 days to get it under permit. MR. LA VINSKI: Get a e.O.? MR. KAUFMAN: e.O. MR. LEFEBVRE: Or demo it. CHAIRMAN KELLY: We have a motion, do we have a second? MR. DEAN: I'll second that motion. CHAIRMAN KELLY: Seconded. Any discussion? Page 57 February 24,2011 (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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Great. Thanks for your recommendation. Thanks for the case. INVESTIGATOR BALDWIN: Thank you. MS. FLAGG: If I could offer just some clarification on that. The bank did spend the money to bring the property to the point that you saw it in the final pictures. But the bank is unable to obtain a building permit until they actually have certificate of title, which is why they can't go in and actually get a permit. So by the action that you have taken, then there will be a finding in the court and at the point that the bank does take the title, there'll be a record that they will need to go in and repair it before they sell the home. CHAIRMAN KELLY: Okay, next case is Lisa Prince. (Speaker was duly sworn.) MR. BAKER: This is in reference to violation of Florida Building Code, 2007 edition, Chapter 1, Permits, Section 105.1. Collier County Land Development Code, 04-41, as amended, Section 1O.02.06(B)(1)( e )(i) and 1 0.02.06(B)(1)( a). Description of violation: Enclosed garage and added more living space to the principal structure. Location/address where violation exists: 4105 20th Avenue Page 58 February 24,2011 Southeast, Naples, Florida, 34107. Folio 41230040006. Name and address of owner/person in charge of violation location: Lisa Renee Prince, 4105 20th Avenue Southeast, Naples, Florida, 34117. Date violation first observed: May 11 th, 2010. Date owner/person in charge given Notice of Violation: October 21st, 2010. Date on/by which violation to be corrected: November 20th, 2010. Date of reinspect ion: December 30th, 2010. Results of reinspection: The violation remains. INVESTIGATOR BALDWIN: Good morning again. For the record, Patrick Baldwin, Collier County Code Enforcement. This is in reference to Case No. CESD20100006466, dealing with the violation of an enclosed garage without permits. It is located at 4105 20th Ave. Southeast, Naples, Florida, 34117. Service was given on 10/21/10. The notice was posted. I would like to present some case evidence in the following exhibits: Photos B-1 taken 5/11/2010. Photo taken by me. C-1 photo taken 10/21/2010, also by me. And D-1 photo taken yesterday by me, 2/23/11. MR. KAUFMAN: Motion to accept the exhibits. CHAIRMAN KELLY: Do we have a second? MR. LA VINSKI: Second. CHAIRMAN KELL Y: Seconded by Jim. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. Page 59 February 24,2011 MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) INVESTIGATOR BALDWIN: Present the details of the case. I first observed the violation on 5/11/2010. On 6/21/2010 the owner Lisa Prince called me and asked me for an extension. I granted the extension to her. And since then I have not had any contact with her. I have left several notes and I -- I did not call her, I'm sorry, I didn't have her phone number. I just left several notes on door hangars and I've gotten no response. I'd like to present my B-1 photo to show you. MR. KAUFMAN: Is she living in that structure; do you know? INVESTIGATOR BALDWIN: She was living in the structure at the time of my last phone call. Up until now, I'm not sure. As you can see in my latest photo, I'm not sure that anyone is living on the property. I know she was going through some tough times. MR. L'ESPERANCE: The date on this photograph is, approximately? INVESTIGATOR BALDWIN: This first one is 5/11/2010. MR. L'ESPERANCE: Thank you. Got it. INVESTIGATOR BALDWIN: And that shows the garage right there. There was a garage door there. They installed French -- they put up a wall and installed French doors. And then a photo, C-1, dated 10/21/2010. And I believe at that time someone was still living on the property. And then D-1, photo taken yesterday by me. MR. L'ESPERANCE: Is that French door opened or is that simply a sliding screen we're looking at? Page 60 February 24, 2011 INVESTIGATOR BALDWIN: I believe that's a sliding screen right now. MR. L'ESPERANCE: Thank you. INVESTIGATOR BALDWIN: When I was there yesterday and I approached the front door, I -- when going to the front door and leaving a notice, I did notice that it appeared that there was no furniture inside the living room. CHAIRMAN KELLY: Any questions from the board? (No response.) MR. KAUFMAN: I make a motion we find them in violation. CHAIRMAN KELLY: Do we -- MR. LA VINSKI: Second. CHAIRMAN KELLY: Seconded by Jim. 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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Do you have a recommendation? INVESTIGATOR BALDWIN: Yes. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $82 that incurred in the prosecution of this case within 30 days, and abate all violations by: One: Applying for and obtaining a Collier County building permit or a Collier County demolition permit for all construction Page 61 February 24,2011 additions and/or alterations; obtain all related inspections and certificate of occupancy within blank days of this hearing or a fine of blank dollars will be assessed and be imposed until the violation is abated. Two: 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 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: Do you know whether this is in lis pendens at all? INVESTIGATOR BALDWIN: I don't believe it is yet, sir. MR. KAUFMAN: Okay. INVESTIGATOR BALDWIN: I'm not quite sure though. MR. L'ESPERANCE: The structure is secure? INVESTIGATOR BALDWIN: Yes. MR. KAUFMAN: I'll give it a shot. $82 for operational costs paid within 30 days. $200 a day fine after 60 days. CHAIRMAN KELLY: Okay, accept county's recommendation, 60 days, $200 per day. Do we have a second? MR. DEAN: I'll second. CHAIRMAN KELLY: Seconded by Mr. Dean. Any discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. Page 62 February 24, 2011 MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: And it carries. Thank you, Investigator. INVESTIGATOR BALDWIN: Thank you. CHAIRMAN KELLY: The next two cases are the emergency property and maintenance cases, 16 and 17, both the same respondent. We'll take 16 first. INVESTIGATOR McGONAGLE: I'm not sure which one is 16. MR. DEAN: Me neither. CHAIRMAN KELLY: Okay, this is the one -- 2247. INVESTIGATOR McGONAGLE: Thank you. CHAIRMAN KELLY: Jen's going to read it in anyway. (Speakers were duly sworn.) MR. BAKER: This is in reference to Case CEPM20 11 0002247, Allen W. Fuller and Barbara A. Davis. Violation of Ordinance Collier County Code of Laws, Chapter 22, Article 6, Section 22-243 and Chapter 22, buildings and building regulations, Article 6, Section 22-231 (12)(i)(l). Description of violation: Missing and broken windows, missing and/or unsecured exterior doors, holes in walls, no operational sinks, tub, shower or toilets. Location/address where violation exists: 267 Price Street, Naples, Florida. Folio 730160003. Name and address of owner/person in charge of violation location: Allen W. Fuller and Barbara A. Davis, 278 Riverwood Drive, Naples, Florida, 34114. Date violation first observed: February 18th, 2011. Date owner/person in charge given Notice of Violation: Page 63 February 24, 2011 February 22nd, 2011. Date on/by which violation to be corrected: February 23rd, 2011. Date of reinspect ion: February 23rd, 2011. Results of reinspection: The violation remains. INVESTIGATOR McGONAGLE: Good morning. For the record, Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CEPM20110002247, dealing with a vacant home with missing and broken windows, missing and unsecured exterior doors, holes in the walls, no operational sinks, tubs, showers or toilets. I would like to present evidence in the following exhibits: I have 24 photographs that were taken on February 18th by me in the presence of Corporal Gibson. CHAIRMAN KELLY: We have a motion? MR. KAUFMAN: Motion to accept the exhibits. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) INVESTIGATOR McGONAGLE: These are pictures of the home. It's located way in the back of the rear of the property. This case actually came to me through a phone call. The Collier County Sheriffs Office had previously been at this property and there's a lot of illegal activity taking place. Corporal Gibson phoned Page 64 February 24, 2011 me to request assistance in getting this property secured due to the illegal activity taking place. The photos -- from the distance you can see the very top one in the left-hand corner shows that most of the windows are missing. The ones that aren't missing are all broken. The upper right-hand corner, there are the canisters which shows the evidence of drug use. And the lower two pictures are just showing the unsecured lower -- the lower level. The top left corner is the kitchen, what's left of it, just showing that all the plumbing and fixtures have been removed. There are no windows in there. The top right-hand corner and bottom left-hand corner are the -- there's some pornography and different evidence of sexual activity taking place at the property. And again, the bottom right-hand corners are showing the unsecured windows. The top left one is actually turned sideways. It's just showing the open doorway. And the top right -- well, actually, the rest of the other three are just showing the evidence of the drug and sexual activity taking place at the property. And this is just more of the same, showing the evidence of the sexual and drug use. That's showing the holes in the walls that's throughout the home, and the unsecured openings. Just more of the same. I had posted the Notice of Violation on the property and at the courthouse on February 22nd. On February 23rd, I posted -- actually, I had a fellow investigator post the notice of the hearing at the property and at the courthouse. I phoned Mr. Fuller and I spoke with him yesterday in regards to the hearing to let him know that the hearing was taking place today. He informed me that it was his understanding that this is now the bank's responsibility. The property is in foreclosure. And I explained to him the bank hasn't taken certificate of title so he is still responsible Page 65 February 24, 2011 for it. He stated to me that he would not be taking any action to abate the violation because he believes it is now the bank's responsibility. I would like to have Corporal Gibson present testimony as far as what they have observed at the property. CORPORAL GIBSON: Good morning. My name is Corporal Sylee Gibson, I'm with the Collier County Sheriffs Office. I came in contact with this property just a few days prior the 18th when I was notified by the principal of Manatee Elementary and the YRD officer there that a fifth grader, 11-year-old little girl, had come to school with some pornography in her possession. Advised the principal and the YRD officer that this is where she got this from. So I was called in because I work in a specific unit in East Naples that we deal with abandoned homes. I went out there, I checked the property, I found evidence of pornographic material in the home. I also found some containers that were possibly used for drug activity, because the young girl had stated that her mom and her dad and some fellow family members were taking her to this property and smoking out of bottles, which was consistent with what we found there. I contacted Michele and asked her to come out and take a look at the property. I was extremely concerned, because the two young girls that are involved in this live at 256 Price Street, which is right across the street. And the father, during a meeting with the principal, advised me that he was aware that the aunt had taken the girls into these abandoned homes. So that's why I got them involved. As a result, the Sheriffs Office is conducting a further investigation. And I also got DCF involved and our gang unit involved, just because I believe there's a lot more activity going on there. But my concern is the safety of that property and the fact that now I am aware that there are young children going on this property, Page 66 February 24,2011 even if they are accompanied by an adult. THE COURT REPORTER: May I have your first name, please? CORPORAL GIBSON: It's Sylee. S-Y-L-E-E. CHAIRMAN KELL Y: Any questions for the board? MR. DEAN: I have one. If -- when we have a property like this, what does it take to board it up? MS. FLAGG: We do it. MR. DEAN: Pardon? MS. FLAGG: We did it. With an order from the board, we will board it. MR. DEAN: So it has to come here before we can board up -- MS. FLAGG: Correct. MR. DEAN: -- right? MS. FLAGG: Correct. MR. DEAN: Nothing with the police department or anything like that. MS. FLAGG: No. What we do is you issue us an order that they either abate it -- MR. DEAN: I understand it. I'm just talking about sooner. MS. FLAGG: Well, you can set a very short time frame. MR. DEAN: Okay. But I'm saying it has to come to the board before they can do anything about -- MS. FLAGG: Yes. MR. DEAN: -- something like this? MS. FLAGG: Yes. MR. DEAN: Wow. In other words, the Sheriffs Department wouldn't have no jurisdiction to do anything -- MS. FLAGG: No, that's why -- MR. DEAN: -- to order a board up. MS. FLAGG: -- they're here, though. Correct. MR. DEAN: But if there was a fire they'd do it right away. Page 67 February 24,2011 MR. LEFEBVRE: Not necessarily. MS. FLAGG: Potentially. MR. LEFEBVRE: There was a fire on Santa Barbara-- MS. FLAGG: Right. MR. LEFEBVRE: -- that was in front of us last month or a couple months ago. MS. FLAGG: When they board with fires, it's typically with the property owner's -- MR. DEAN: Okay. So that's really the problem is the property owner. MS. FLAGG: The property owner has made the statement that it's in lis pendens. MR. DEAN: Okay. I just wanted to clarify that. Thank you. CHAIRMAN KELLY: Thanks, Larry. Does the board think that there's a violation? MR. KAUFMAN: Motion to find them in violation. MR. LEFEBVRE: Second. CHAIRMAN KELLY: 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: And what is your recommendation? MR. MARINO: Tear it down. INVESTIGATOR McGONAGLE: Recommend that the Code Page 68 February 24, 2011 Enforcement Board orders the respondent to pay all operational costs in the amount of $81.43 incurred in the prosecution ofthis case within 30 days and abate all violations by: Number one: Applying for and obtaining a Collier County boarding certificate, providing a detailed plan for rehabilitation or demolition and completing the boarding within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. And number two: Repair and secure all doors and windows, or obtain a Collier County demolition permit to remove the home and all debris. Obtain all required all inspections and certificate of completion within blank days of this hearing or a fine of blank dollars a day will be imposed until the violation is abated. 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 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'll take a shot at it. Operational cost of 81.43 paid within 30 days. Board the facility within five days. I think that's about as short a time frame as we can provide. By the time the order is written and it goes out and you get the contractor to do it. So five days as far as boarding the structure. $500 a day fine. Commencing within 30 days -- subsequent to 30 days. CHAIRMAN KELL Y: Could you clarify that second part? Is that for the demo portion? MR. KAUFMAN: Yes. To bring everything else into compliance. MR. LEFEBVRE: Did you give 30 days? Page 69 February 24,2011 MR. KAUFMAN: Yes. CHAIRMAN KELL Y: Five days for boarding and then 30 days to demo or to fix. And then $500 per day on both of them. And this one would actually have a double jeopardy situation if the boarding didn't occur or the demo didn't occur; is that correct? MR. KAUFMAN: That's correct. MS. RAWSON: Okay, got it. MR. LEFEBVRE: Is there any way to provide personal service to the respondent? INVESTIGATOR McGONAGLE: Yes, I do have his address. MR. LEFEBVRE: Okay. So maybe that might make it more effective if it's provided as soon as the order is written up. I don't know if that's standard or not. But if there's a way to -- MS. RAWSON: We usually just mail them. What I can do is, as soon as Mr. Kelly signs them and I get them over to Jen, we can serve them. MR. LEFEBVRE: It doesn't sound like he's going to do anything, but this at least -- if he gets it by Friday or the beginning of the week, he can make a decision if he wants to go ahead and board it up. So if it goes past the five days, let's say it goes 10 days, there will be five days, and then the county boards it up let's say after the 10th day. Then there would be five days of fines of$2,500, correct, and then after 30 days -- MR. KAUFMAN: Another $500 a day kicks in. MR. LEFEBVRE: Okay. But the fines would stop once it's boarded by the county, correct? INVESTIGATOR McGONAGLE: Correct. CHAIRMAN KELLY: Okay, very good. Is that your second? MR. LEFEBVRE: I second that motion. CHAIRMAN KELL Y: Any discussion? Page 70 February 24,2011 MR. KAUFMAN: I think -- do you have something you wanted to -- CORPORAL GIBSON: I just wanted to make the board aware that once I became aware of the property that my supervisor, my sergeant and my lieutenant were aware of the situation and that I've requested for the patrol deputies to patrol the area and in particular the night shift guys to actually get out of the car, because you have to walk to the property to search it to make sure that there isn't anybody there. Because that is a big concern of mine, especially now being made aware that I know that there have been people there. So we are doing that intermittently until the property gets bordered up. MR. KAUFMAN: And even after the property is bordered up it probably needs to do that. Boards can come down too. CHAIRMAN KELLY: Jean, is five days -- are you comfortable with that time frame? MS. RAWSON: Well, there's a weekend in here. CHAIRMAN KELLY: Well, would it be five days from today's meeting or five days from when the order is signed? MS. RAWSON: No, it would be five days from today. MR. L'ESPERANCE: Calendar days, not business days? MS. RAWSON: It's calendar days. MR. L'ESPERANCE: Thank you. MR. LEFEBVRE: I think with -- MS. RAWSON: Well, I think it would be five days from today. And so as a practical matter, Mr. Kelly might not sign and we might not give it to code enforcement until maybe Monday, see. MR. LEFEBVRE: I think due to the urgency of this and the testimony from the Corporal, that it's imperative that we get this bordered up as quickly as possible. So I think, you know, the five days is a very short window, but I think it's justified in this case. And also if Monday she could provide personal service to the respondent, Page 71 February 24,2011 that would be -- INVESTIGATOR McGONAGLE: In the interim, I can actually contact Mr. Fuller again when I get back to the office this afternoon and let him know what the Court's findings were so he's aware of it now. MR. LEFEBVRE: If you have an e-mail or something? INVESTIGATOR McGONAGLE: I actually have his telephone number. MR. LEFEBVRE: Okay. And if you can get his email and just shoot a quick e-mail, that way he has it, he knows what the ruling was today. And he has -- he already stated he's not going to do anything, but -- INVESTIGATOR McGONAGLE: Correct. CHAIRMAN KELL Y: -- at this is giving him ample notice that -- what our ruling was. CHAIRMAN KELLY: Okay. Good. All right, any other discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMANKELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, that carries that one. We'll need to re-swear everyone in for the second, though. (Speakers were duly sworn.) MR. BAKER: This is in reference to Case CEPM20110002260, Page 72 February 24,2011 Allen W. Fuller and Barbara A. Davis. Violation of Ordinance Collier County Code of Laws, Chapter 22, Article 6, Section 22-243. And Chapter 22, Article 6, Section 22-231(12)(1). Description of violation: Mobile home with missing broken windows and missing and/or unsecured exterior doors. Location/address where violation exists: 267 Price Street, Naples, Florida. Folio No. 730160003. Name and address of owner/person in charge of violation location: Allen W. Fuller and Barbara A. Davis, 278 Riverwood Drive, Naples, Florida, 34114. Date violation first observed: February 18th, 2011. Date owner/person in charge given Notice of Violation: February 22nd, 2011. Date on/by which violation to be corrected: February 23rd, 2011. Date of reinspection: February 23rd, 2011. Results of reinspection: The violation remains. INVESTIGATOR McGONAGLE: Again, this is actually the same property as the two-story home is on. This is in reference to an unpermitted mobile home that is also on this property. There are actually fines accruing on both that two-story home and the mobile home at this point. We were in front of you last month for an imposition of fines because neither of these structures are permitted. The contact information is the same. I brought this case through the Collier County Sheriff's Office because of the health, safety and welfare. On February 18th I made a site visit with Corporal Gibson and we observed an unpermitted mobile home with missing windows and doors, allowing access to the interior. And there's broken glass covering the floors of the mobile home. I would like to present case evidence in the following exhibits: I have seven photographs taken on February 18th by me in the presence Page 73 February 24,2011 of Corporal Gibson. MR. DEAN: Motion to accept the seven photographs. CHAIRMAN KELLY: Motion, and then seconded by? MR. KAUFMAN: Me. CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Did you say that there's also a code case? Are they similar in nature to where they could be justified as second or repeat offenses? Or are they different charging items? INVESTIGATOR McGONAGLE: The other two are permitting issues. These are property maintenance. The bottom left-hand corner is showing the front of the mobile home. And then the top left is the back side with the sliders broken out. That's actually standing -- there's a built-in porch, and that's standing on the porch looking in. The upper right-hand corner is just looking into the kitchen showing the unsecured window. The bottom right is just a closer picture of the sliders. And all the glass has been broken out of the sliders, as well as all of the windows. And when you go through the mobile home, it's just totally covered with glass on the floors. You can't tell very well, but the top left picture is just looking down the hallway of the mobile home to show the delapidated condition of this structure. And the bottom two just show the exterior. The mobile home is in very poor condition. Page 74 February 24, 2011 MR. KAUFMAN: This is not permitted to be on the property at all. INVESTIGATOR McGONAGLE: Correct. MR. KAUFMAN: So the remedy, un --likely would be that this mobile home needs to be removed from the property. INVESTIGATOR McGONAGLE: Yes, sir. And the same thing, when I talked to Mr. Fuller I explained what the problems were here, and he again stated that he has no intentions of doing anything about it. He feels it's the bank's responsibility. MR. KAUFMAN: Motion to find them in violation. MR. DEAN: Personal property. CHAIRMAN KELLY: We have a -- MR. LEFEBVRE: Second. CHAIRMAN KELL Y: -- motion. And a second. 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Do you have a recommendation? INVESTIGATOR McGONAGLE: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $81.43 incurred in the prosecution of this case within 30 days and abate all violations by: Obtain a Collier County demolition permit to remove the mobile home Page 75 February 24, 2011 and all debris. Obtain all required inspections and certificate of completion within blank days of the hearing or a fine of blank dollars a day will be imposed until the violation is abated. 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 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. LEFEBVRE: Mr. Chairman, I have a question. Regarding the other cases that came in front of us on this property, when you went out there to look for the other cases, was this property in this same condition? INVESTIGATOR McGONAGLE: I actually did not go to the property because of the secluded nature of the property. I just researched the permitting issues through the aerials and through the office to determine that there were no permits on this property. MR. LEFEBVRE: Because we could have caught this a lot sooner if there was a site visit. INVESTIGATOR McGONAGLE: Correct. CHAIRMAN KELL Y: Does somebody want to take it? MR. KAUFMAN: I'll give it a shot. Operational costs of 81.43 to be paid within 30 days. The mobile home to be removed within 30 days or a $255 (sic) fine subsequent to that 30 days. CHAIRMAN KELLY: Did you say 255? MR. KAUFMAN: 250. CHAIRMAN KELLY: 250 per day. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Seconded by -- is it Jim or Gerald? MR. LEFEBVRE: Gerald. Page 76 February 24,2011 CHAIRMAN KELLY: I'm sorry, Gerald. Any discussion? Question: Is this being utilized in this same manner as that home was, for illegal activity? CORPORAL GIBSON: To my understanding, yes. This is all -- you actually have to walk past this mobile home before you even get to the two-story. If you're looking -- standing there looking at this mobile home, you can't even see the two-story house. So you have to walk by it. So this is all part of our investigation on the Sheriffs Office end, that this is where, like I said before, the young girl had several items in her possession that were taken from her backpack that I subsequently ended up finding inside of these houses. And I was like, she's been there. So I know that they've been in there, so -- CHAIRMAN KELLY: Just general discussion, I'd like to see the same time frame as the one prior. MR. DEAN: I was going to say the same thing. MS. RAWSON: Did you include boarding in your recommendation? MR. KAUFMAN: Not on this. Removal. MS. RAWSON: Just the immediate removal? MR. KAUFMAN: Yes. It's a-- MR. DEAN: Does it have wheels? MR. KAUFMAN: It could be towed away in less than five days if we modified the order. MS. FLAGG: We would agree with removing as opposed to boarding. Because it doesn't make sense to spend the money to board and then turn around and remove. You may want to give them a little bit more -- I mean, I think it's pretty clear. Just as a refresher, the other cases that you saw in regard to this property, there were multiple site inspections. What that property was, if you'll remember, it was one of the Page 77 February 24, 2011 reasons why we started the Stop the Bleed Program where these folks had purchased the property, had been told that they could rent the property out, and they spent their life savings repairing the property, it looked terrific, and then they found out that it wasn't zoned for rentals. And it was one of -- it was the case that we used to implement the Stop the Bleed Program where -- encouraging these lien searches before people bought properties. So what has transpired is the couple that bought this property has abandoned the property to the bank. The bank just has not taken title to the property. And so now what we have is because they abandoned the property you have the deterioration of the property and the condition of the property. So in regard to removing or demoing the mobile home, they would have to get a demo permit to do that, so you may want to give them maybe 10 days to get their permit and then get a contractor out there to remove it. MR. DEAN: Can I ask one question? If it's personal property it's movable, it's not a fixture to the property, why do we have to have a demo? If they can just hook it up and tow it away -- MS. FLAGG: I don't believe there's wheels on it. INVESTIGATOR McGONAGLE: And because of the nature of this property, even ifthere was, which I'm not sure that there is, I don't believe that there are, but even if there were, you would not be able to get it out through that property because of all the vegetation that's there. There are a number oftrees. There's just a very narrow path to get back in there, just barely the width of a car. So they wouldn't be able to just hook up to it and pull it out, it's going to have to be disassembled. MR. DEAN: Thank you. MR. KAUFMAN: Based on the county's recommendation, I modified my motion to make it 10 days instead of 30 days. MR. LEFEBVRE: Second. Page 78 February 24, 2011 CHAIRMAN KELL Y: Any further 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. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELL Y: And it carries. And then also for the record, Jean, if we're not able to get together by tomorrow, is there a way that I could have the vice chair sign in my absence, since I'm going away next week? MS. RAWSON: I'll get them done. If you're going to be around tomorrow, I'll get you. CHAIRMAN KELL Y: At least these two. The rest we can do by Fed Ex, if necessary. MS. RAWSON: I'll get them done. CHAIRMAN KELLY: Okay, thank you. Sorry. No pressure. All right, thank you both. Next case is -- sorry, that ends the public hearings. Now we're going to move towards motions -- I'm sorry, imposition of fines. Case No. 1 is Romona Garcia. (Speaker was duly sworn.) CHAIRMAN KELL Y: Investigator, would you like to read this into record, please. INVESTIGATOR BOX: Yes, sir. For the record, my name is Investigator Box, Collier County Code Enforcement. Page 79 February 24,2011 This has to do with a violation at 6872 Trail Boulevard, Naples, Florida. The violation itself is violation of Collier County Code of Law and Ordinances, Chapter 22, Buildings and Building Regulations, Article 6 of the Property and Maintenance Code, Section 22-231(12)(c). The violation description is: Roof damage that is covered by a blue tarp. The past orders was that on November 18th, 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 OR 4629, Page 273 for more information. The respondent has not complied with the CEB orders as of February 24th, 2011. The fines and cost to date are described as the following: Order item number one and two, fines at the rate of $150 per day for the period between January 18th of2011 and February 24th of2011, 38 days, for a total of$5,700. And the fines continue to accrue. And order item five, operational costs in the amount of$80.86 have not been paid. The total amount due today is $5,780.86. MR. LEFEBVRE: Make a motion to impose. MR. KAUFMAN: Second. CHAIRMAN KELLY: Any discussion? MR. L'ESPERANCE: Is this property secure? INVESTIGATOR BOX: Yes. MR. L'ESPERANCE: Thank you. CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. Page 80 February 24,2011 MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELL Y: And it carries. Thank you. Next case. Ms. Houston, your turn. (Speakers were duly sworn.) CHAIRMAN KELL Y: Investigator, would you like to read this into the record, please. INVESTIGATOR SNOW: Yes, sir, I was-- CHAIRMAN KELLY: Oh, I apologize. INVESTIGATOR MORAD: Sorry about that. CHAIRMAN KELLY: No problem. (Speaker was duly sworn.) CHAIRMAN KELLY: Sorry about that, Ed. INVESTIGATOR MORAD: My fault, I was outside. For the record, Ed Morad, Code Enforcement Investigator. This is CEB Case No. CESD20090017445, board of County Commissioners versus Emma Houston, respondent. The violation is Collier County Land Development Code, 04-41, as amended, Section 1O.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i). Location of violation is 415 Third Street, Immokalee, Florida. Folio No. is 126960008. Description is a single wide mobile home converted from a single dwelling unit into two dwelling units, and an addition added without obtaining building and land alteration permits, inspections and certificate of occupancy. The past orders: On April 22nd, 2010 the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached Order of the Board OR Page 81 February 24, 2011 4563, Page 1861 for more information. An extension of time was granted on July 22nd, 2010. See OR 4591, Page 1665 for more information. And then an extension of time was denied on November 18th, 2010. See OR Book 4629, Page 284 for more information. The respondent has not complied with the CEB orders as of today, February 24th, 2011. The fines and cost to date are described as the following: Order item number three and four, the fines are at a rate of $250 per day for a period between October 21st, 2010 and February 24th, 2011, 127 days, for a total of $31,750. Fines continue to accrue. Order number seven, operational costs of $81.15 had been paid. Total amount to date is $31,750. CHAIRMAN KELLY: Good morning, Ms. Houston. MS. HOUSTON: Good morning. CHAIRMAN KELL Y: Would you like to speak to the delays and -- MS. HOUSTON: The first time I was asked to do the-- whatever is -- may I say, this property, I did not do anything like this to this property. I got this property through a divorce procedure with my small children in care. I was not with this person when this was done. So this is wherever I'm at now. And whatever. And when I first got, you know, to remove on the person, I had to first remove the tenant from the premises, which was like -- she was staying there 14 years. The house, the trailer was there 30 some years. And I finally got her out after her daughter helped me by moving her stuff out. She's a non-speaking English person, and she's from another country. And that was a chore to get her to move, because she really felt like she really owned the house, not really staying there. So I finally got her out. And when I finally got her out to come into the court, like you said, I -- right then we were determining whether we were going to, you know, tear it down or permit it. And I Page 82 February 24,2011 said okay, we're going to permit it, you know, fix it and do whatever necessary . Then Mr. Tyler, he was taken off the case in the midst of doing this. Was right up to the day that he was taken off the case, because I was right there and he was here. And so then I had to go and look for someone else to do the work. So then I went to Mr. Williams, and Mr. Williams came to get a permit. First he couldn't find the house. And I said okay, I will come and show you the house. And I carried him there. And he looked at it and we discussed it right outside there. We're not going to permit it, not going to fix it up, we're going to demolition. And then he went to get a permit. He -- like I say, well, this is going to be expensive. He said, well, we can probably do it on payments. So he went and he got the permit. I paid him for the permit. And in the midst of his trials and my trials, he decided well, we can't do it on payment, we have to have all the money. I have the permit. The permit is nailed on the property. I'm moving as fast as I can. I cannot do the contracting job, I have to wait on people. And things is just not done overnight when you have several delays. And even today. You know, I'm delayed today, but I'm here. So this is where I'm at. I have the permit, I'm in process of getting the money to do the job. And because you just can't come up with -- I'm a single lady, I'm really running like 2,000 in arrear from last year, pulling things out, fixing things, whatever, coming into fines. And here I am. And I have the permit. As soon as I get the money in hand, and I'm trying hard as I can to find somebody who can work with me. And I had someone that will work with the contractor and he's missing because of his wife prior -- having problems. And so this is where I am, problem after problems. Page 83 February 24,2011 But I do have the permit and I paid him for this. And I think that it states here that it's good until 7/27/11. So as soon as I can -- you know, I'm working on it has hard as I can. And it takes time, because I'm trying right now. If you don't have a lot of money, you try to find the person that's the -- you know, low as you can. So that's where I'm at now. And if! could find someone, it doesn't matter what it cost. If I can pay on time, I can get that person. But if I had to hand that money out right here, then that means that I cannot pay my mortgage, my car or anything like that. So that's where I'm at. And you know this is a time for people that you might not know they are -- you know, they don't have the money. CHAIRMAN KELLY: Well, I want to thank you very much for paying the operational costs, because this board doesn't have any jurisdiction over those. But what's happened in the past is if something like this where an imposition of fine is presented before the board, if the fines -- I'm sorry, if the case has not been abated or the items have not been corrected, the board typically does not waive the fines. Because once we do that, we relinquish any ability to reimpose them down the road. So what we do typically in this situation is impose the fines now, give you the extra couple of days that you need to get it finished, and then if you come back in front of us and request those fines to be reduced or abated, you would tell the story at that time and we would take that into consideration and possibly either reduce the fines or eliminate them altogether. The only other option would be for county to withdraw the case or for us to go back and originally amend our order yet again, which I believe we denied last time for an extension. So those are the options. And if we can, we'll get the board to discuss some of that. And we might have a few more questions for you. MR. DEAN: I have a question. CHAIRMAN KELL Y: Go ahead. Page 84 February 24,2011 MR. DEAN: What does that permit you have entitle you to do? What are you going to be doing? MS. HOUSTON: Demolition it. MR. DEAN: Demolition? MS. HOUSTON: And as you know -- I'm glad you asked me that. As you know, we did not start it out that way. We started out trying to permit the building in. So I'm coming out -- you know, even though you're fining me, you know, you're doing this, we did not start out this way. We started out first removing the person from the premises. I mean, I -- you know. Then we started out trying to fix the place. And then when I talked it over with Mr. Williams he says -- he suggests -- and you know, after looking at it and everything, he says, you know, it looks like it would have been a big chore to do that. And I don't have the time to get off my job, because jobs are hard to find, to come in and -- so what I said, let's demolition it and, you know, get it out of the way. CHAIRMAN KELL Y: Gerald? MR. LEFEBVRE: You know, I think we denied her motion prior, I think it was in October or November. I don't think I have any change. So I think we should impose the fines. I make a motion to impose the fines. MR. KAUFMAN: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMANKELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. Page 85 February 24,2011 CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: So basically what we've done is we've imposed the fines. That means that they will accrue until this is taken care of. And we have a great relationship, so when you do get it taken care of, come back in and see us and we'll see if we can't reduce or maybe even abate them completely. MS. HOUSTON: Thank you. I'm just being fined for -- if! know it's the rules -- for something I can't really control, you know. CHAIRMAN KELL Y: No, but we'll try to work with you on the back end. Thank you, Ms. Houston. INVESTIGATOR MORAD: Thank you. CHAIRMAN KELLY: Thanks, Ed. Next case is Case No.4, Jorge and Caridad Jimenez. Are the respondents here? How about Investigator Waldren -- Walker. INVESTIGATOR SNOW: Weldon. Actually, the respondents are herein absent. They did submit a letter. He's in Miami receiving medical treatment. I understand he's severely ill. So he did take the time to write a letter to you. And we did have it translated. So it's in Spanish but it's in English. So would you like me to read the imposition or do you want to read what he wrote? CHAIRMAN KELL Y: We need to read the imposition first just so we're -- the records reflect this case. SUPERVISOR SNOW: Okay, sir. MR. BAKER: And Supervisor Snow will know to change that the operational costs have been paid too, which is different than what's on your summary. MR. DEAN: Oh, okay, that's it. INVESTIGATOR SNOW: Yes, sir, I transported the money Page 86 February 24, 2011 order myself, so. CHAIRMAN KELLY: Okay. INVESTIGATOR SNOW: This is a case against Jorge and Caridad Jimenez. Violations of Collier County Laws, Chapter 22, Building and Building Regulations, Article 2, the Florida Building Code. Adoption and amended (sic) of the Florida Building Code, Section 22-26(B)(1 04.1.3.5), and Ordinance 04-41, the Collier County Land Development Code, as amended, Section 1O.02.06(B)(1)(a). The location is 1201 Immokalee Drive, Immokalee, Florida. Folio is 51040040008. The description is: The primary house that appears to be converted into two dwelling units. West side of the structure is an attached addition that appears to be an additional dwelling unit. Attached to the west side addition is an open area laundry room with roof housing, commercial coin-operated washers and dryers. In addition, into the rear of the property is a freestanding approximately 12x24 dwelling unit with a full fixture bathroom and a kitchen area, indoor (sic) allowing entry and exit. Past orders: On June 24th, 2010 the Code Enforcement Board issued a finding of fact and a conclusion of law and order. The respondent was in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4583, Page 2856 for more information. The respondents have complied with the code enforcement order as of January 25th, 2011. The fines and cost to date are described as follows: Order two and three, fines at the rate of $150 per day for a period of December 22nd, 2010 until January 5th, 2011, 35 days, for a total of$5,250. Operational cost of $80.86 have been paid. The total amount due to date is $5,250. In Mr. and Mrs. Jimenez's behalf, I would like to submit the Page 87 February 24, 2011 written -- it's written in Spanish but we did have it translated for you. He is in Miami receiving medical attention. It was very complex to get this done. He did work diligently. CHAIRMAN KELLY: Does the county have any objections to abatement. SUPERVISOR SNOW: None at all, sir. MR. LEFEBVRE: Make a motion to abate. MR. DEAN: Second. CHAIRMAN KELLY: 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) INVESTIGATOR SNOW: We thank the board. CHAIRMAN KELLY: Thank you. We didn't admit that, so it's not necessary. INVESTIGATOR SNOW: Okay, sir, thank you. CHAIRMAN KELLY: Next case is going to be Katherine Smith. (Speakers were duly sworn.) CHAIRMAN KELL Y: Mrs. Smith? I'm sorry, up here. Up front. Are you okay to stand? Are you comfortable? MS. SMITH: I'm okay. I just have a lot of arthritis. And after I sit so long, I have troubles getting up. Page 88 February 24,2011 CHAIRMAN KELLY: Well, you let us know, because we do have a remote microphone. MS. SMITH: That's okay. I'll be okay. MR. KAUFMAN: And a massage therapist. INVESTIGATOR MUCHA: Good morning. For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to CEB Case No. CELU20100009076, Board of County Commissioners versus Katherine Smith. Violation of Collier County Land Development Code 04-41, as amended, Section 1.04.04(A), and 2.02.03. Location of the violation is 210 Rose Boulevard, Naples, Florida, 34119. Folio No. 00188600005. Description is a structure permitted as a storage building being utilized for living purposes and recreational vehicles located on the property that are also being utilized for living purposes. Past orders: On October 28th, 2010 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 OR 4523, Page 1804 for more information. The respondent has complied with the CEB orders as of January 19th, 2011. The fines and cost to date are described as the following: Order item number one and three, fines at a rate of $100 per day for the period between November 28th, 2010 and January 19th, 2011, 53 days, for the total of $5,300. Order item number two and four: Fines at a rate of $100 per day for the period between November 28th, 2010 and January 19th, 2011, 53 days, for the total of $5,300. Operational costs of $80 have been paid. Total amount to date is $10,600. MR. LEFEBVRE: Make a motion to abate. MR. KAUFMAN: Second. Page 89 February 24,2011 CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: No more fines. MS. SMITH: No more fines? Thank you. CHAIRMAN KELLY: I hope you feel better. MR. SMITH: I have five great grandkids I'm raising, so they keep me moving. CHAIRMAN KELLY: Thanks for working with us. We appreciate it. MS. SMITH: Thank you for giving me the time, and thanks for dismissing the fines. Thank you. INVESTIGATOR MUCHA: Thank you. CHAIRMAN KELLY: Investigator, I think you're up again. No? Okay, sorry. Apologize. MR. DEAN: He's done. (Speakers were duly sworn.) CHAIRMAN KELLY: Investigator, would you like to read it in? INVESTIGATOR MUSSE: He's number seven. We're doing six, correct? CHAIRMAN KELLY: We're doing Pensenti. INVESTIGATOR MUSSE: Oh, Pensenti. Okay. This is in reference to Case No. CEROW20100017549, Board of County Commissioners versus Pierino and Loreta Pensenti, respondents. Page 90 February 24, 2011 Violations, Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections l1O-31(A). Location is 4110 Third Avenue Southwest, Naples, Florida. Folio number 36616480004. Description: Unpermitted temporary second driveway for property that has been partially placed on the neighboring property. Past orders: On November 18th, 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 attached orders of the board OR 4629, Page 237 for more information. The respondent has not complied with the CEB's orders as of February 24th, 2011. The fines and cost to date are described as the following: Order item number one and two, fines at the rate of $150 per day for a period between December 18th, 2010 through February 24th, 2011, 68 days, for a total of$10,200. Fines continue to accrue. Order number -- Item No.5, operational costs of $80.29 have not been paid. Total amount to date, $10,280.29. CHAIRMAN KELL Y: Sir, for the record, could you state your name please? MR. PENSENTI: My name is Denato Pensenti. CHAIRMAN KELL Y: Okay. And your relationship to the people on this document? MR. PENSENTI: I'm Pierino's son. CHAIRMAN KELLY: Okay. All right. And could you just state for the record that you have the authorization and the authority to speak on his behalf today? MR. PENSENTI: I have the authority to speak on Pierino's behalf. CHAIRMAN KELL Y: Great, thank you. Page 91 February 24,2011 This is a situation where since it has not come into compliance we are forced to make a decision right here either to impose the fines, or the other options would be for the county to withdraw the case or for us to maybe amend our original motion. However, that doesn't happen very often. But we would love to hear what's going on and perhaps we could try to work with you, if we can. MR. PENSENTI: Okay. Number one, back in 2006 there was a permit provided for a temporary right-of-way. So the statement here is not correct. We put a temporary right-of-way in at that time. The work was done by a contractor. There are two pins in the crown of the road which to our knowledge are the property markers. The pin on the east side of the property is correct. The one on the west side of the property, which is the side which is in violation, apparently to my knowledge as of the last month or so was not correct. Once we received this information, our original determination was okay, let's apply for a permit for a permanent right-of-way, which we did. So there's another permit active right now. We went ahead, moved the existing right-of-way off of the property which to our knowledge initially we didn't know that was the case. We moved it off of the property. We have been in contact with the building inspectors, been out there on a couple of occasions, you know, bringing up the issue of the marker at the center of the road, which we used as our basis to initially install the right-of-way. After a couple of visits to the site, they determined that there is a discrepancy between the actual property line in that pin on the west side of our property. We have moved it off as of the first week of January. The right-of-way has been moved over. Now the current issue is the culvert is right next to the existing Page 92 February 24,2011 culvert from the principal driveway, which apparently is an issue right now as it stands. Weare not encroaching on the neighbor's property as of the first week of January. Based on that information and my last meeting with the building inspector, I've made a determination we're just going to remove it completely. So I think -- our intent was never to encroach on anybody's property. It was installed based on the markers we had at the center of the road. Which if that pin was correct, we would not have code violation right now. CHAIRMAN KELL Y: At the time when we heard this case, we were shown a survey and site plan, and we made a determination off of the evidence that was presented. I don't know if you were here at that time or not. MR. PENSENTI: I don't believe I was. CHAIRMAN KELL Y: So we went on what we knew to be the fact at the time. And given that there's new evidence, unfortunately it still doesn't change the original order, because that's what stands right now. MR. PENSENTI: Sure. CHAIRMAN KELLY: Unless the county wanted to withdraw this to give time to look further into it or we extend our original motion to give the investigator a chance to go out and maybe take a look at the evidence and whatnot, we would have to impose the fines basically. Unless one of those twos other two items happen. MR. PENSENTI: Well, my intent is to remove it. And I want -- within the next week or so. I want to just remove it and bring it back to the original state. CHAIRMAN KELL Y: If we do impose the fines, just like you may have heard with the case prior, you do have the opportunity to come back and say hey, everything's taken care of. It took a little longer, I apologize, no worries, we'll either reduce or maybe even Page 93 February 24, 2011 abate them completely, like I have seen in prior cases. MR. PENSENTI: Okay. CHAIRMAN KELL Y: But I don't want to speak for the county. What would you like to do, impose and then come back? MS. FLAGG: (Nods head affirmatively.) CHAIRMAN KELL Y: Okay. They're not going to withdraw the case so we're forced to make a ruling. So what we'll do is probably -- I'm not going to speak for the board. MR. KAUFMAN: I have a question. The operational costs have not been paid. Is there any reason for that? MR. PENSENTI: Quite honestly I didn't know that. And I'll take care of those today. CHAIRMAN KELL Y: We probably wouldn't have been able to do anything anyways, because the operational costs are imposed by the county. This board has no jurisdiction over them. Okay. MR. LEFEBVRE: I make a motion to impose. MR. KAUFMAN: Second. CHAIRMAN KELL Y: 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. MARINO: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And like I said, we went ahead and just imposed them. They'll continue to accrue. As soon as you're done, let the investigator know and he'll come out and do a quick little visit and Page 94 February 24, 2011 then it will come -- you request to have those fines reduced or abated, it will come right back in front of us and we'll see what we can do to take care of them for you. MR. PENSENTI: Okay. CHAIRMAN KELL Y: Thanks for helping. Appreciate it. And the last case under imposition of fines is Reinstein and Laird Lile, P.R. (Speaker was duly sworn.) CHAIRMAN KELL Y: Would you like to read the charging documents, please. MR. MUSSE: This is in reference to Case No. CESD20 1 0000 1344, Board of County Commissioners versus Reuben Reinstein and Laird Lile, P.R., respondents. Violations of Collier County Land Development Code 04-41, as amended, Sections 1O.02.06(B)(1)(a). Location: 4460 Third Avenue Southwest, Naples, Florida. Folio No. 36613600007. Description: Permit No. 1999032149 for swimming pool never received certificate of completion -- I'm sorry, certificate of occupancy. Permit has been canceled. Past orders: On November 18th, 2010 the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and referred to correct the violation. See attached Order of the Board OR 4629, Page 239 for more information. Respondent has not complied with the CEB orders as of February 24th, 2011. The fines and cost are described as the following: Order item number one and two, fines at the rate of $150 per day for a period between January 18th, 2011 through February 24th, 2011, 38 days, for a total of$5,700. Fines continue to accrue. Order item five, operational costs of $80.29 have not been paid. Page 95 February 24, 2011 Total amount to date, $5,780.29. MR. LEFEBVRE: Make a motion to impose. MR. KAUFMAN: Second. CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KELL Y: Any nays? (No response.) CHAIRMAN KELL Y: All right, and it carries. INVESTIGATOR MUSSE: Thank you. CHAIRMAN KELLY: That ends all of our cases today. There were no items being forwarded to the county attorney's office for foreclosures on our consent agenda. Reports. Do you have anything from the foreclosure task force? MS. FLAGG: I do. As you know, the Blight Prevention Program was commenced the end of November, 2008. And the two million dollar mark has been broken, as Jennifer Baker was featured on Wink News last night talking about the fact that the banks have expended $2,030,000 to abate 1,630 code violations. So just last week, by the banks expending the funds to abate the code violations, they saved the county $24,490 just in that one week. Also in a week's time, 183 new cases were opened, 704 site inspections were done, 153 property lien searches, which is the program we call the Stop the Bleed Program. And of those 153, four of them actually revealed a code issue. So the buyer of the property was advised there were code issues on that property so that we don't Page 96 February 24, 2011 have a repeat of what transpired today. So -- and the investigators are carrying about 50 cases apiece. And that concludes the report. CHAIRMAN KELLY: Wow. That's a lot of work. MR. DEAN: Can I just ask one question? Are we getting many code inspections, you know, home inspections from the code? MS. FLAGG: Most of the -- and we encouraged -- we provided training for home inspectors, we taught them how to do a code inspection. Most of the home inspections are being done by the private industry, which we have encouraged. However, we are providing code inspections as a department when requested. There are some buyers that just want code investigators to do their inspection. But we're also trying to encourage private industry in an area that they could expand. MR. DEAN: Thank you. CHAIRMAN KELLY: Under our next meeting, just a reminder, it is our annual meeting. We will have the workshop prior to the normal meeting starting at 9:00 a.m., same time, but we have an hour workshop prior to the general meeting. Is there anything else? MR. L'ESPERANCE: The day of the next meeting is March-- CHAIRMAN KELLY: March 24th, 2011, 9:00, here at the BCC chambers. MR. DEAN: Motion to adjourn. MR. KAUFMAN: Second. CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARINO: Aye. Page 97 February 24, 2011 MR. LAVINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:00 p.m. COLLIER COUNTY CODE ENFORCEMENT BOARD KE KELLY, Chairman These minutes approved by the board on L) a I I as presented__Q�__or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME t:~~V~,( 6a,4-~b ~?4d MAILING ADDRESS .s~8f CcJy4" ~~IC CITY COUNTY y;rPL.-.cS DATE ON WHICH VOTE OCCURRED F2::. e 12f.AA.1Zy ~ NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE o ~ ~ 1/ Fc.A-Q.c I€ 'C. THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: o CITY UNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: o ELECTIVE PPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or sl,Jbsidiary of a corporate principal by which he or she is ret~ined); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 6"E /< Ll;...'j:> ::s:-_ A ~ B vl<,{' , hereby disclose that on T~ t9~Vl~ I..( a "1 ,20 LL-: (a) A measure came or will come before my agency which (check one) L inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: f',4L.. ~ F~ u~A-~Q /J.:;:r 3;vc. , C'/Z V{2.,.; cS> I u 0) dO 71 7 , by , which Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS H-tu NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE ['of) ~ 1Z'"~~ THE BOARD. COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: o CITY UNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: CITY (;:r R C C-.. C COUNTY V~.....A~ MY POSITION IS: o ELECTIVE PPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss ofa business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, hl?.eAJ-.. I;) .:r. A 1t'.~I.3.r ~hereby disclose that on -tes.<! u,(,e"-r' (y y , 20 ..L/-: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which fAt- ,v1 lOuit/D,1-f<'r <::;/,J C:P c""'< vf<. ;;) <::) I ~o o~b? /3' <:Uvc.~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE f)(l;D C THE BOARD, COUNCIL, COMMISSION, A WHICH I SERVE IS A UNIT OF: o CITY COUNTY NAME OF POLITICAL DIVISION: CITY o OTHER LOCAL AGENCY MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a.relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-In-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, j p.. W'l t:; ... r DISCLOSURE OF LOCAL OFFICER'S INTEREST f" I A I J) N t;'t-J ,hereby disclose that on F-s B ';). Y ,20 -4-: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which J~.~ S..~ t4 ~ r~ ~>. r~ ).. y 'd-cJ ) / Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2