CEB Minutes 03/24/2011 R
March 24,2011
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, March 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 10:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Kenneth Kelly
Robert Kaufman
Gerald Lefebvre
Tony Marino
Ron Doino (Excused)
Larry Dean (Excused)
Lionel L'Esperance (Excused)
James Lavinski (Excused)
ALSO PRESENT:
Diane Flagg, Code Enforcement Director
Jennifer Baker, Code Enforcement
Jean Rawson, Attorney for the CEB
Brenda Garretson, Special Magistrate
Page 1
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AGENDA
Date: March 24, 2011 at 10:00 a.m.
Location: 3299 Tamiami Trail East, Naples, FL 34104
NOTlCE: THE RESPONDENT MAYBE LIMITED TO TWENTY (20) MINUTES FOR CASE
PRESENTATlON UNLESS ADDITlONAL TlME IS GRANTED BY THE BOARD. PERSONS WISHING
TO SPEAK ON ANY AGENnA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TlME IS
AnJUSTED BY THE CHAIRMAN.
ALL PARTlES PARTlCIPATlNG IN THE PUBLIC HEARING ARE ASKEn TO OBSERVE ROBERTS
RULES OF ORnER AND SPEAK ONE AT A TlME SO THAT THE COURT REPORTER CAN RECORD
ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECInES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATlM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTlMONY AND EVInENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVInING
THIS RECORD.
1. ROLL CALL
Kenneth Kelly, Chair
Robert Kaufman, Vice Chair
Gerald Lefebvre
James Lavinski
Larry Dean
Lionel L' Esperance
Tony Marino
Ronald Doino, Alternate
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES -
A. February 24, 2011 Hearing
4. PUBLIC HEARINGS/MOTlONS
A. MOTlONS
Motion for Extension of Time
I. Enrique & Maria Ruiz
CESD20100004792
B. STlPULA TlONS
C. HEARINGS
1.
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:
VIOLATION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CEROW20110000485
EDEN INSTITUTE FOUNDATION, INC.
INVESTIGATOR REGGIE SMITH
2003-37 RIGHT OF WAY OF COLLIER COUNTY, CODE OF LA WS AND ORDINANCES,
ARTICLE II, CHAPTER 110, SECTION I 10-31(a), RIGHT OF WAY PERMITS RIGHT OF
WAY NEEDS TO BE RESTORED TO A PERMITTED CONDITION.
403240001
2801 COUNTY BARN RD. NAPLES, FL
CEROW20090017262
HIGHLAND PROPERTIES OF LEE & COLLIER
INVESTIGATOR REGGIE SMITH
2003-37 RIGHT OF WAY OF COLLIER COUNTY, CODE OF LA WS AND ORDINANCES,
ARTICLE II, CHAPTER 110, SECTION II 0-31(a), RIGHT OF WAY PERMITS RIGHT OF
WAY Nl'EDS TO BE RESTORED TO A PERMITTED CONDITION.
403160000
NO SITl' ADDRESS
CELUPM20110000047
PEE-WEE'S DUMPSTER, INC. AND VICTOR THOMAS GEORGE
INVESTIGATOR JONATHON MUSSE
LAND DEVELOPMENT CODE 04-4 I, AS AMENDED, SECTION 2.02.03 ILLEGAL
STORAGE OF EQUIPMENT, DUMPSTERS, CONTAINERS, PILES OF DIRT AND ROCK,
HUGE CEMENT BLOCKS, ETe.
38280090006
721 LOGAN BLVD. S. NAPLES, FL
CEOCC20110001554
PEE-WEE'S DUMPSTER, INC. AND VICTOR THOMAS GEORGE
INVESTIGA TOR JONATHON MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
5.02.03(i) OUTSIDE STORAGE OF CONSTRUCTION DEBRIS AND CONSTRUCTION
EQUIPMENT
38280090006
721 LOGAN BLVD. S. NAPLES, FL
CENA20II0001553
PEE-WEE'S DUMPSTER, INC. AND VICTOR THOMAS GEORGE
INVESTIGATOR JONA THON MIJSSE
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 54 ENVIRONMENT,
ARTICLE VI, WEEDS LITTER AND EXOTICS, SECTION 54-179 AND 54-181
LITTER CONSISTING OF BUT NOT LIMITED TO: LARGE PILES OF CONSTRUCTION
RELATED DEBRIS, ETC.
38280090006
721 LOGAN BLVD. S. NAPLES, FL
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20 100005205
BRUCE A. BLOCKER
INVESTIGA TOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
IO.02.06(B)(I)(a) A MOBILE HOME, A COMMERCIAL TYPE LAUNDRY BUILDING
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 COMPLETION/OCCUPANCIES
124200003
602 BOTON AVE. IMMOKALEE, FL
CELU20J0002I89I
B Q CONCRETE LLC.
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
1.04.01(A) AND SECTION 2.02.03 ACCESORY STRUCTURE ON THE PROPERTY
WITHOUT A PRINCIPAL STRUCTURE ON THE SAME LOT
37925940001
4790 PINE RIDGE RD. NAPLES, FL
CESD20100005061
JUAN SANCHEZ OLVERA, PAMELA JEAN SANCHEZ
INVESTIGATOR WELDON WALKER
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4 I AS AMENDED, SECTION
10.02.06(B)( I)(a) THREE MOBILE HOMES INSTALLED WITHOUT FIRST ACQUIRING
COLLIER COUNTY BUILDING PERMITS
73 181 12000 I
603 CLIFTON UNIT 1,2,3 RD. IMMOKALEE. FL
CESD20080000034
MAINSCAPE NAPLES LLC.
INVESTIGATOR PATRICK BALDWIN
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
I 00206(B)( I )(a), I 0.02.06(B)(I )(e), I 0.02.06(B)(I )(e)(i), FLORIDA BUILDING CODE,
2004 EDITION, CHAPTER I PERMITS, SECTION 105.1, FLORIDA BUILDING CODE,
2004 EDITION, CHAPTER I SERVICE UTILITIES, SECTION III. I IMPROVEMENTS
MADE TO THE PRINCIPAL STRUCTURE AND A FENCE WITH GATES ALL WITHOUT
COLLIER COUNTY BUILDING PERMITS
00209161106
3080 RA VENNA AVE. NAPLES, FL
5. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
FOLIO NO:
VIOLA TION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
CESD20080005775
SARA BARRERA
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY ORDINANCE, 04-41 AS AMENDED, THE LAND DEVELOPMENT
CODE SECTION 10.02.06(B)(I)(a) AND IO.02.06(B)(I)(e) CONVERTED THE OPEN
CARPORT INTO MASTER BEDROOM
63860760006
202 WASHINGTON AVE. IMMOKALEE, FL
CESD20100017221
CARLOS BRETT MACIAS & MARISOL MACIAS
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
10.02.06(B)(I)(a) UNPERMITTED POOL AND POOL CAGE
38220760008
6290 WESTPORT LAND NAPLES, FL
CESD20100009316
MALCOLM GIANELLA
INVESTIGA TOR RENALD PAUL
VIOLA TIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED,
SECTION 10.02.06(B)(I)(a) GARAGE WAS CONVERTED TO STORAGE SPACE WITH NO
PERMITS
36239440007
5097 20rH CT. S. W. NAPLES, FL
CESD20090010785
GUILERMO GOROSTlET A & SUSANA L, MORA
INVESTIGATOR MICHELE MCGONAGLE
FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I, SECTION 105. I, COLLIER
COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION IO.02.06(B)(I)(A)
AND I 0.02.06(B)( 1 )(E)(I), COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II,
FLORIDABUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA
BUILDING CODE, SECTION 22-26(B)(104.1.3.5) SEVERAL STRUCTURES ON
PROPERTY TO INCLUDE A WOODEN SHED, METAL ADDITION TO THE WOODEN
SHED, A STANDALONE SHED IN THE REAR OF PROPERTY AND AN ADDITION MADE
TO THE EASTSIDE OF TilE MOBILE HOME
00769320005
NO SITE ADDRESS
5.
CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
FOLIO NO:
VIOLA TION
ADDRESS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TlONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
CEPM20100018257
ROBERT Eo & SERITA D, BROWN
INVESTIGATOR JONA THON MUSSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BIJILDING REGULATIONS, ARTICLE VI, SECTION 22-23 I, SUBSECTION 15 A POOL
NOT BEING MAINTAINED IN A SANITARY CONDITION
66262006349
8622 PEBBLEROOKE DR. NAPLES, FL
CEPM20100007867
JOSEPH & MARIA RANGHELLI
INVESTIGATOR JONATHON MlISSE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDING AND
BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION
22-231(15) DIRTY GREEN POOL
56101040007
I I 169 LONGSHORE WAY W. NAPLES, FL
CESD20090010167
JEFFREY C. & TAMMY J. TAYLOR
INVESTIGATOR PATRICK BALDWIN
COLLIER COUNTY LAND DEVEI.OPMENT CODE, 04-41 AS AMENDED, SECTION
10.02.06(B)(I)(a) AND 10.02.06(B)(1 )(e)(i) CONVERTED GARAGE TO LIVING SPACE
WITHOUT COI.LIER COUNTY BUILDING PERMITS
40681720002
3220 6'11 AVE. NE NAPLES, FL
CEV20100006752
STAN 1.. & NANCY SPENCE
INVESTIGATOR PATRICK BALDWIN
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
2.01.00(B) TWO RECREATIONAL VEHICLES PARKED IN THE FRONT OF THE
PROPERTY
00740240007
139 ANDREA LANE NAPLES, FL
CESD20090000978
MARIA RAMIREZ
INVESTIGATOR TONY ASARO
COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22, ARTICLE II,
SECTION 22-26(B)(104.I.3.5), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I,
SECTION 105. I AND SECTION I I I. I, AND COLLIER COUNTY ORDINANCE, 04-41 AS
AMENDED, THE LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(I)(A) AND
10.02.06(B)(I)(E)(I) REPORTED REMODEL/CONVERSION CONSISTING OF, BUT NOT
LIMITI'D TO, ELECTRIC REQIRE, PLUMBING, WALLS REMOVED/REPLACED
39956600004
3340 35111 AVE. NE. NAPLES, FL
10.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
II.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
12.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
13.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TlON
ADDRESS:
CEROW20090000973
MARIA RAMIREZ
INVESTIGA TOR TONY ASARO
COLLIER COUNTY CODE OF LAWS, CHAPTER 110, ARTICLE II, DIVISION I,
GENERALLY, SECTION 110-31(A) EXPIRED RIGHT OF WAY PERMIT 07-0945-E,
CONSTRUCTION DEBRIS STILL ON THE PROPERTY, DRIVEWAY NOT COMPLETE
39956600004
TI1,
3340 35 AVE. NE. NAPLES, FL
CESD20090000972
MARIA RAMIREZ
INVESTIGA TOR TONY ASARO
COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, SECTION 22- 26(B)
(104.5. I .4.4) EXPIRED FENCE PERMIT 2007052601 WITHOUT CO. FENCE
CONSTRUCTIONSTARTED ON PROPERTY
39956600004
334035111 AVE. NE. NAPLES, FL
CESD20090000975
MARIA RAMIREZ
INVESTIGA TOR TONY ASARO
COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22-26(B)
(104.1.3.5) STRUCTURES ON PROPERTY WITHOUT COLLIER COUNTY PERMITS
39956600004
3340 35TII AVE. NE. NAPLES, FL
CESD200900 I 0558
SILVANO 0 DELGADO & JORGE CHAVEZ
INVESTIGATOR TONY ASARO
COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING
CODE, SECTION 22-26(B)(104.5. I .4.4) PARTlALL Y BUILT STRUCTURE ON PROPERTY
WITH CANCELLED AND VOIDED PERMITS
40233560005
2556 RANDALL BLVD. 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 - April 28, 2011
11. ADJOURN
March 24, 2011
CHAIRMAN KELLY: All right. Thank you very much.
Good morning. I'd like to call the Code Enforcement Board,
Collier County, to order for March 24, 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 hearings 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 a roll call, please.
MS. WALDRON: 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. Tony Marino.
MR. MORINO: Here.
MS. BAKER: Mr. Larry Dean, James Lavinski, Lionel
L'Esperance, and Ronald Doino all have excused absences for today.
CHAIRMAN KELLY: Okay. So we are -- we do have a
quorum with the members that are here.
Moving on to the approval of agenda. Would you like to go
through the changes, please.
MS. BAKER: Yes, sir. Under No.4, public hearings, motions,
Page 2
March 24, 2011
Letter A, motions, motion for extension of time, we have three
additions.
No.2 will be Robert A. Flick, Case CESD201 00008711.
No.3 will be Jeffrey C. and Tammy 1. Taylor, Case
CESD200900 10167.
No.4 will be Bruce A. Blocker, Case CESD20100005205.
Under Letter B, stipulations, we have three stipulations. The first
will be Case CESD20100005061, Juan Sanchez Olvera and Pamela
Jean Sanchez.
Second will be Case CESD20080000034, Mainscape Naples,
LLC.
Third will be Case CEV20100006752, Stan L. and Nancy
Spence.
Under Letter C, hearings, No.1, Case CEROW20110000485,
Eden Institute Foundation, Inc., has been withdrawn.
No.2, Case CEROW20090017262, Highland Properties of Lee
& Collier, has been withdrawn.
No.3, Case CELUPM20110000047, Pee-Wee's Dumpster, Inc.,
and Victor Thomas George, has been withdrawn.
No.4, Case CEOCC20110001554, Pee-Wee's Dumpster, Inc.,
and Victor Thomas George, has been withdrawn.
No.5, Case CENA20110001553, Pee-Wee's Dumpster's, Inc.,
and Victor Thomas George, has been withdrawn.
And we have an addition under hearings. We did have a No. 10,
Stan and Nancy Spence, CEV2010006752, which was moved from
imposition of fines, which is also a stipulation, so that would have
been No. 10 on the agenda.
And then we have an addition of an emergency case, which will
be No. 11. It's Melissa K. and Joseph L. Barrs (phonetic), Case
CEPM20110003398.
And under No.5, old business, Letter A, motion for imposition of
fines/liens, No.9, Case CESD20090000978, Maria Ramirez, has been
Page 3
March 24, 2011
withdrawn; No. 10, Case CEROW20090000973, Maria Ramirez, has
been withdrawn; No. 11, Case CESD20090000972, Maria Ramirez,
has been withdrawn; No. 12, Case CESD20090000975, Maria
Ramirez, has been withdrawn.
And under No.6, new business, we would like to add Letter A
for elections. Due to the number of people that are here today, maybe
we want to wait until next meeting to do that?
CHAIRMAN KELLY: It's really going to be up to the board and
you guys, whichever you'd like to do. What's the will of the board?
MR. KAUFMAN: I think we could have it right now. No big
deal.
MS. BAKER: Okay. So we'll add Letter A, elections, under new
business.
CHAIRMAN KELLY: All right, great.
In that case I'll accept a motion to accept the agenda.
MR. KAUFMAN: Motion to accept.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Seconded.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: And it carries.
Moving on to the approval of the minutes from the February 24,
2011, hearing. Any changes?
MR. LEFEBVRE: Make a motion to approve.
MR. KAUFMAN: Second.
Page 4
March 24, 2011
CHAIRMAN KELLY: Second.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: And it carries.
Now on to public hearings, motions. Letter A, motions. Motion
for an extension of time. We have three cases.
The first one is Enrique and Maria Ruiz. Are the respondent
here?
Notice, for any respondents who want to speak, you'll be sworn
in by the court reporter, and also if there's anyone here who needs a
translator, the translator will be sworn in separately. And of course,
attorneys don't need to be sworn in since they're representing.
(The staff member was duly sworn and indicated in the
affirmative.)
(The interpreter was duly sworn to translate from English to
Spanish and Spanish to English, and indicated in the affirmative.)
(The speaker was duly sworn, through the interpreter, and
indicated in the affirmative.)
CHAIRMAN KELLY: Okay. Usually in these cases where a
motion is brought to us from the respondent, we like to hear a little bit
about the situation that they're going through and the reason for the
request for the extension.
MS. RUIZ: I just need more time to move.
CHAIRMAN KELLY: One second. Could I get you to pull the
microphone closer.
Page 5
March 24, 2011
MS. RUIZ: I am in the process of getting the permit, but I just
don't understand what you want. I don't get what you're really asking.
CHAIRMAN KELLY: We did receive a letter from her, and in
that letter it stated she requested 90 days for more time in order to get
the permit.
MS. RUIZ: Yes.
CHAIRMAN KELL Y: Does she understand exactly what she
needs to do in order to get the permit?
MS. RUIZ: You mean to move it? I want that just to move.
Because they're asking me to move it ten feet where I am.
CHAIRMAN KELLY: Okay. Can --let me ask the investigator
a question.
Good morning.
MR. WALKER: Good morning, sir.
CHAIRMAN KELL Y: You want to state your name just for the
record.
MR. WALKER: Weldon Walker, code enforcement investigator.
CHAIRMAN KELLY: Good morning, Weldon. This is just a
setback issue?
MR. WALKER: Yes. To my knowledge it is. She's been
working with the permitting people. Evidently there is some conflict
in reference to where it is sitting in reference to the property line in the
rear.
CHAIRMAN KELLY: Does the county have any objection to
the 90 days?
MR. WALKER: None whatsoever, sir.
CHAIRMAN KELLY: Do we have any questions for either
party from the board?
MR. KAUFMAN: I have a question. This case was heard in
November, I believe.
THE INTERPRETER: Yes.
MR. KAUFMAN: My question is, what was done -- since the
Page 6
March 24, 2011
first thing was to get a permit, what was done in November,
December, January, February? Nothing's been done as far as I can see
on the paperwork.
THE INTERPRETER: I want to ask for permit, but the person in
charge of giving permits, I don't understand what she wants. I fill -- I
fill the documents for the permit -- requiring the permit, but I really
don't understand -- I don't know what she wants.
MR. KAUFMAN: Is it a language problem?
THE INTERPRETER: Yes, language.
MR. KAUFMAN: There is nobody that she spoke to at the
permit department who speaks Spanish?
THE INTERPRETER: She speaks Spanish, but she does not
explain herself well.
CHAIRMAN KELLY: Weldon, is there anyone on maybe the
code enforcement staff that can help navigate that permit process for
the respondent?
MR. WALKER: Yes. We can make that available to her.
MR. KAUFMAN: My final question, has the $80.57 been paid?
MR. WALKER: Yes, it has.
MS. RUIZ: Yes.
CHAIRMAN KELLY: Okay.
MR. LEFEBVRE: Just as a recommendation, maybe when she
comes down to the permitting department, if someone from code
enforcement can be there with her, and maybe between the three
people -- someone that's Spanish speaking, could maybe get this done,
get this expedited so she can -- if we do grant 90 days, that she doesn't
have to come back for another extension.
MR. WALKER: Yeah. Code enforcement will be willing to do
whatever we can for her.
MR. LEFEBVRE: So please have her coordinate with code
enforcement when she comes down so they can be there and there's no
misunderstanding at this point.
Page 7
March 24,2011
CHAIRMAN KELL Y: I would like to add that communication
is key with code enforcement. Okay.
MS. RUIZ: Okay.
MR. LEFEBVRE: I make a motion to extend 90 days from
today.
MR. MARINO: I'll second.
CHAIRMAN KELLY : We have a second.
Any discussion?
(No response.)
CHAIRMAN KELLY: All those in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: And the motion carries.
Just, if you will, reiterate that we did extend; however, it's very
important to start immediately on that process working with code
enforcement.
MR. WALKER: Thank you very much.
MS. RUIZ: Thank you.
CHAIRMAN KELLY: Okay. Next case under motions,
extension of time, is Robert Flick, CESD200100008711.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Good morning, Mr. Flick. Just like in the
prior case, since you're requesting the motion, we would just like you
to add for the record the reason and circumstances behind the request.
MR. FLICK: All right.
CHAIRMAN KELLY: So feel free to speak as you'd like.
MR. FLAGG: I just got my permit January 11 th from the
Building Department. And that -- I guess that extends for six months,
Page 8
March 24, 2011
so the time wasn't enough for me to do anything yet. So I need -- I'm
doing all the work myself. I need more time to finish.
CHAIRMAN KELLY: Mr. Flick, in your letter it says that you
request 30 days.
MR. FLICK: I can do it in 30 days, but I would like more time
than that.
CHAIRMAN KELLY: Well, how much time would you like,
sir?
MR. FLAGG: Two months would be good.
CHAIRMAN KELLY: Okay. Is there any objection from
county on the extension?
MS. SCAVONE: No, the county has no objection.
CHAIRMAN KELL Y: Any questions from the board?
MR. KAUFMAN: Has the $81.43 court costs been paid?
MR. FLAGG: Yeah.
MR. KAUFMAN: Okay.
MR. MARINO: I'll make the motion we give him the 60-days
extension.
CHAIRMAN KELLY: Motion. Do we have a second?
MR. KAUFMAN: Second.
CHAIRMAN KELLY: Second by Mr. Kaufman.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Mr. Flick, you have 60 days.
MR. FLICK: All right. Do I get something in writing, or how do
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March 24,2011
I --
CHAIRMAN KELLY: You will. There will be an order very
much like the first one that you had received. It will probably arrive
in about two weeks; however, since you were here today, the time
does start from today, and you're in person so that you aware of it, but
you will receive something.
MR. FLAGG: All right.
CHAIRMAN KELLY: Thank you, sir.
MS. SCAVONE: Thank you.
CHAIRMAN KELLY: Next case, motions, No.3, Taylor,
Jeffrey and Tammy Taylor, CESD20090010167.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Mr. Taylor, could you move the
microphone a little bit so the court reporter can hear you as well.
Perfect. Thank you.
MR. TAYLOR: You're welcome.
CHAIRMAN KELLY: Just like in the previous cases, since
you're bringing the motion, if you'd like to just briefly describe the
situation.
MR. TAYLOR: The engineer just got done with the blueprints
yesterday, so I took them down to the county. I know there's a
five-day review on them until I get them. So I need a little time to get
it all together.
CHAIRMAN KELLY: Okay. I don't see a request in writing, so
we're not sure -- unless I'm confused, and that happens. Is there a
specific time frame that you're looking for?
MR. TAYLOR: Ninety days, if that's possible, please.
CHAIRMAN KELLY: Any objection from county?
MR. BALDWIN: No objections.
Any questions from --
THE COURT REPORTER: Can I get your name, please.
CHAIRMAN KELLY: Oh, sorry, yes.
Page 10
March 24, 2011
MR. BALDWIN: Investigator Patrick Baldwin, Collier County
Code Enforcement.
CHAIRMAN KELLY: Any questions from the board?
MR. KAUFMAN: I have a question. For some reason I have
this listed under imposition of fines.
MS. BAKER: And there is a request for extension of time in
your packet under imposition of fines.
MR. KAUFMAN: I'm a little confused then. If we're at the point
where you're doing an imposition of fines and you extend this, you're
really rehearing the whole case.
MS. BAKER: Well, he's coming to ask you for more time before
we do the imposition of fines. We won't do the imposition of fines if
you grant the extension.
MR. KAUFMAN: Okay.
CHAIRMAN KELLY: It's a smart way of doing it.
MR. MARINO: Have we established if the court costs have been
paid?
CHAIRMAN KELLY: Good question. Have they been paid?
MR. BALDWIN: Yes, they have, sir.
CHAIRMAN KELLY: Great. Thank you, Patrick.
Any other discussion, questions?
MR. KAUFMAN: Do you think 90 days will be sufficient time
for you to get this all done?
MR. TAYLOR: Yes, sir.
MR. LEFEBVRE: Is it permit by affidavit; is that what you're
doing?
MR. TAYLOR: Yes. And I've got all that here. And I've been
paying -- everything that they give me, I've been going to the county
and paying it.
MR. KAUFMAN: This was a conversion of a garage --
MR. TAYLOR: Yes, sir.
MR. KAUFMAN: -- to living space.
Page 11
March 24, 2011
MR. TAYLOR: Yes, sir.
MR. KAUFMAN: So you had a choice of either taking it down
or getting the permits for the work that was done?
MR. TAYLOR: Yes, sir.
MR. KAUFMAN: And you've chosen to get the permit to--
MR. TAYLOR: Take care of the whole situation, sir.
MR. KAUFMAN: By demo-ing it or by--
MR. TAYLOR: Oh, no, by fixing it back up, keeping it the way
it is --
MR. KAUFMAN: Okay.
MR. TAYLOR: -- please.
MR. KAUFMAN: Does the county have any problem with
extending the 90 days?
MR. BALDWIN: No, sir.
MR. KAUFMAN: Make a motion we extend 90 days.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Motion and a second.
Any discussion?
(No response.)
CHAIRMAN KELLY: Just for clarification, that's 90 days from
today, correct, Mr. Kaufman?
MR. KAUFMAN: Yes.
CHAIRMAN KELLY: Ninety days from today.
All those in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. Mr. Taylor, you have 90 days
from today. If you run into any snags, please just let us know ahead of
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March 24, 2011
time if you can.
MR. T AYLOR: Don't worry. My wife's on top of that.
CHAIRMAN KELLY: Good deal.
All right. The last case under extension of time would be Bruce
Blocker. That's Case CESD20100005205.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: If I can, just real quick, for the board, it's
slightly unique in this situation where we haven't actually heard this
case yet. It was in our regular packet to be heard as a hearing;
however, there's a request for extension of time before the case is
heard.
MR. LEFEBVRE: So should it not -- maybe be withdrawn?
CHAIRMAN KELLY: The -- it was a possibility; however,
there's, I guess, extenuating circumstances that we're going to hear
about, so if you'd like to go ahead. It's just a little odd in our
procedures, but, please, go ahead.
MR. FLOOD: Peter T. Flood, appearing on behalf ofMr.
Blocker. I'll be appearing throughout this.
This is -- it involves a piece of property that -- out in Immokalee,
and I've met with code enforcement. We had a preliminary meeting
which we had a good meeting in regards to this. We're working
towards hopefully a resolution. It has to do with some removal in
some structures out there that mayor may not have been permitted,
and they're from way back in the early's '70s and maybe even the late
'60s. So I got involved in this, and we're doing some investigation into
this to see what direction, so see if we can come up with an amicable
resolution to move on to it.
The reason for the 90-day extension, I talked to Mr. Kitchen
(sic). Unfortunately next month I'll be gone most of the month, and
I'd asked for 90 days. I've been working with Maria, and we've been
working hand in hand trying to get this resolved.
In one of the buildings, we've got some engineering and some
Page 13
March 24, 2011
construction to see what exactly was done, the extent, to get into some
of the permitting.
So we are working on it. We're not trying to be -- but based on --
it's a long property that -- it's been in existence a long time, and a
question on whether permits were pulled and what was there and not
there, whatever. I'm sure you've been down this road before.
CHAIRMAN KELLY: Any questions from the board?
MR. KAUFMAN: I'd like to hear what the county has to say.
MS. RODRIQUEZ: We have no objection.
MR. LEFEBVRE: I just have a comment. This case was
initially open on the 28th of April last year. I just find it odd that
we're 11 months into this and now they're looking for a 90-day
extension. I think that's -- the title work and all that should have been
done a long time ago, not right now. I'm a little bit apprehensive of
extending it another 90 days.
MS. RODRIQUEZ: It took me about four months to research all
of the permitting books and stuff that we normally go through, before
we even gave them the notice. Then, of course, towards the end of his
45 days or 60 days, he hired Mr. Flood, who then met with me, and
we've been working on trying to see what we're going to do with the
property .
MR. LEFEBVRE: Okay. So that's still six months. It just seems
that it's being dragged out quite a bit.
MR. KAUFMAN: What do you foresee happening in the next
90 days?
MR. FLOOD: Well, we've got some title work coming, we're
doing some investigation. Maria gave us some photos of the property.
This has to do with a property that was built -- some of it was built in
1968 and '69, and we don't know exactly, you know, based on the
aerials, what was there.
We're conducting some investigation into -- that property was
subsequently split, you know, at some time down the road, want to get
Page 14
March 24, 2011
the title work on that, check the county records and see what was split
on all that, and see if, you know -- there has to do with -- there's really
basically three issues. One was an extension of a structure. There's a
mobile home on the property, a mobile home. And there's a -- I don't
think the laundry's a major issue, and I think there's a duplex in the
back, whether it was existing or not back at the time that the -- back in
'68, '69, when was it exactly put in, when was -- was there permits
pulled and so forth.
I mean, I'm not trying to put this off and tell you we're not trying
to work on it. We -- I've just been retained here, and I'm working on
it, trying to get it to a point where we can resolve it. So I'd just ask for
90 days. Unfortunately, in May my son's graduating, and I'm going to
be gone for a time, two weeks.
MR. KAUFMAN: That's not unfortunate; that's fortunate.
MR. FLAGG: Save me a lot of money.
MR. KAUFMAN: I have no problem with the 90 days, if other
board members --
CHAIRMAN KELLY: Tony?
MR. MARINO: I don't have problem.
MR. KAUFMAN: Motion to extend 90 days.
CHAIRMAN KELLY: Motion. Do we have a second?
MR. MARINO: I'll second.
CHAIRMAN KELLY: Seconded.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
Page 15
March 24, 2011
CHAIRMAN KELLY: And it's extended 90 days officially.
MR. FLOOD: Thank you very much.
MS. BAKER: For the record, Mr. Chair, we will schedule that
for the June 23rd CEB hearing.
CHAIRMAN KELLY: Sounds good.
MR. LEFEBVRE: Do you want to make sure that they're noticed
now?
MS. BAKER: We'll send them notice.
CHAIRMAN KELLY: Okay. That concludes all of our motions
for an extension of time.
Now we move on to public hearings, B, stipulations.
The first case is Sanchez, CESD201 00005061. Are the
respondents here?
MR. W ALKER: Yes, sir.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Investigator, would you like to read the
stipulation into the record, please.
MR. WALKER: Yes, I will, sir.
Therefore, it is agreed between the parties that the respondents
shall: Pay operational costs in the amount of $80.86 incurred in the
prosecution of this case within 30 days of this hearing.
Abate the violation by: Obtaining a Collier County building
permit or demolition permit request, required inspection to be
performed and passed through a Certificate of Completion within 120
days of this hearing or a fine of $200 a day will be imposed.
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. The respondent -- if the respondent
fails to abate the violation, the county may abate the violation and
may use the assistance of Collier County sheriffs to enforce the
provision of agreement, and all costs of abatement shall be assessed to
the property owner.n
Page 16
March 24, 2011
CHAIRMAN KELL Y: How much was the op costs again?
MR. WALKER: $80.86.
CHAIRMAN KELL Y: Thank you.
Okay. Good morning.
MR. SANCHEZ: Good morning.
CHAIRMAN KELLY: Do you understand and agree to
everything that was just read?
MR. SANCHEZ: Yes.
CHAIRMAN KELLY: Yes. Any questions from the board?
MR. KAUFMAN: I have a question. What's the zoning there?
Does it -- is it compatible with having three mobile homes on the
property?
MR. WALKER: No, it isn't. It's zoned Residential Multifamily
6.
MR. KAUFMAN: So the mobile homes are going to be
removed, I assume?
MR. WALKER: Yes.
MR. KAUFMAN: Are the mobile homes occupied at the present
time?
MR. WALKER: Yes, they are.
MR. KAUFMAN: And do you have sufficient time to have the
people removed from the mobile homes? I'm seeing "no" over here,
"yes" here.
MR. SANCHEZ: We tried working with them peoples. I
already tell them what the situation is right now, and we have to
remove the motor (sic) homes. But in this case, they don't -- there's
nowhere to go right now. The peoples, they don't got nowhere to go.
So I'm just asking, give me time, you know, for them people, they can
-- looking for someplace to go, and we can start to do -- you know,
like removing them.
MR. KAUFMAN: Do we foresee this as being a problem going
down the line if the people won't move out?
Page 17
March 24, 2011
MR. WALKER: I don't, sir.
MR. KAUFMAN: Okay. They can get the assistance of the --
according to the stipulation --
MR. WALKER: Is that correct?
MR. KAUFMAN: -- the Collier County sheriff--
MR. WALKER: Yes.
MR. KAUFMAN: -- to help you. I don't want to put you in a
box with this.
Okay. The stipulation shows 80.86; those are the court costs. I
have no problem.
CHAIRMAN KELLY: Okay. Any other questions? Entertain a
motion.
MR. KAUFMAN: Motion to accept the stipulation as written.
CHAIRMAN KELLY: Do we have a second?
MR. MARINO: I'll second it.
CHAIRMAN KELLY: Seconded.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. And it carries. A hundred and
twenty days. If you run into any problems, please notify us before the
time runs out.
MR. SANCHEZ: Yes, sir.
CHAIRMAN KELLY: Great. Thank you.
MR. SANCHEZ: Thank you.
MR. WALKER: Thank you very much.
Page 18
March 24, 2011
CHAIRMAN KELLY: Thank you, sir.
Moving to the next stipulated agreement. It's going to be
Mainscapes Naples, LLC. And that's CESD20080000034. That's five
zeros.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Do you want to state your name and read
it in, please.
MR. BALDWIN: Investigator Patrick Baldwin, Collier County
Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $82.86 incurred in
the prosecution of this case within 30 days of the hearing.
Two, abate all violations by: Obtain a Collier County building
permit for improvements made within 30 days of this hearing or a fine
of $200 a day will be imposed until the permit is issued. Upon receipt
of permit, request inspections and obtain Certificate of Completion
within 90 days of the day the permit was issued, or a fine of $200 a
day will be imposed until the Certificate of Completion is obtained.
Three, respondent must notify code enforcement within 24 hours
of abatement of the violation and request that the investigator perform
a site inspection to confirm compliance.
Four, that if the respondent fails to abate the violation, the county
may abate all violations and may use the assistance of the Collier
County Sheriffs Office to enforce the provisions of this agreement.
CHAIRMAN KELLY: Good morning. For the record, could
you state your name and your relationship to the corporation.
MR. CLIFFORD: My name's James Clifford, and I represent the
construction company they've hired to handle their situation.
CHAIRMAN KELLY: Okay. And ma'am?
MS. PARTINGTON: Kristin Partington, an employee of
Mainscape.
Page 19
March 24, 2011
CHAIRMAN KELLY: Okay. Are either one of you registered
agents for the LLC?
. MS. PARTINGTON: No.
MR. CLIFFORD: No.
CHAIRMAN KELLY: Have you been given authority to
represent that corporation here today?
MS. PARTINGTON: Yes.
CHAIRMAN KELLY: Is it okay that I get both -- one or both,
whoever's going to actually be accepting this agreement, to just state
on the record that you've been given the authority to speak on the
corporation's behalf.
MS. PARTINGTON: Yes, myself, I've been given the authority.
CHAIRMAN KELLY: Great, thank you.
We just went through our rules, so we're fresh on these and trying
to do the right thing.
Do you understand everything that was read and agreed to in the
agreement?
MS. PARTINGTON: Yes, we do.
CHAIRMAN KELLY: Okay. Is there any questions from
anyone on the board?
MR. KAUFMAN: I have one question. This started in 2008. It's
almost three years old. Is there some reason that we should know
about to help on --
MR. CLIFFORD: Yes, sir, there is. After the SDP was actually
approved and signed off, the violations for the structure, they were
actually violations under a residential structure, the modifications.
So after I met with Mr. Noonan at the county, it's brought to my
attention we have to go in for a change of occupancy, which is ADA
compliant, due to the new usage of the building. So that's what I'm
going in for permit for, and that will rectify his violations on that
structure.
MR. BALDWIN: They could not apply for a permit back in
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March 24, 2011
2008 because they were going through a Site Development Plan. And
once the Site Development Plan was approved, they could apply for
the permits for the modifications that they made to the structure and to
the property.
CHAIRMAN KELLY: Any other questions?
MR. KAUFMAN: Motion to accept the stipulation as written.
CHAIRMAN KELLY: Do we have a second?
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Seconded.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: The motion carries.
Thanks very much, and let us know if you run into any issues
where you'll need additional time before you run out of time.
MR. BALDWIN: Thank you.
MR. CLIFFORD: Thank you.
MR. LEFEBVRE: Thanks.
CHAIRMAN KELLY: Okay. Last case under stipulations is
going to be Stan and Nancy Spence, CEV20100006752.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Good morning.
MS. SPENCE: Good morning.
CHAIRMAN KELLY: Are you Mrs. Spence?
MS. SPENCE: Yes.
CHAIRMAN KELLY: Okay. Do you understand -- I apologize.
Page 21
March 24, 2011
Let's -- getting ahead of myself.
Investigator, you want to state your name and read it in.
MR. BALDWIN: Patrick Baldwin, Investigator, Collier County
Code Enforcement.
Therefore, it's agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $80.86 incurred in
the prosecution of this case within 30 days of this hearing.
Two, abate all violations by: Moving recreational vehicles to the
rear of the property, storing in a completely enclosed building or
removing recreational vehicles from the mobile home zoned property
and remove connected utilities, as vehicles are not to be used for the
living, sleeping, or housekeeping purposes, within 10 days of this
hearing or a fine of $50 a day will be imposed until the violation is
abated.
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
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 Sheriffs Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KELLY: Okay. Jean?
MS. RAWSON : Yes.
CHAIRMAN KELLY: Since the respondent's here and agreed to
the stipulated agreement, are there any issues with the short time
frame?
MS. RAWSON: That is a very short time frame. I think we
probably need to ask her if she can accomplish it by then.
CHAIRMAN KELLY: Ms. Spence?
MS. SPENCE: I am pressured, because first of all, I just found
out about this last week when I got this in the mail. Just recently
Page 22
March 24, 2011
moved back into this residence.
My husband is in a nursing home. He went a little coocoo. I
guess he knew about it, and nothing was said to me. And I've done
everything. I've had AAA out there, I've had my brother, all trying to
start it. That's the only problem now. I've moved one travel trailer.
I've sold it. And the motor home is what I'm hoping. I plan to move it
to the other side of the yard, but I can't get it started. So maybe it
would be nice to have a little more time than 10 days just to be sure,
because I need help to get a new battery. I think I need a new battery.
It's, you know -- and it's just a matter of starting it and moving it.
I mean, I don't have a problem with abiding by the rules of the code
enforcement at all. And I must say, Mr. Baldwin's been very, very
kind and considerate and helpful. I just was not aware of the whole
situation till I moved back -- I just got back into this residence in end
of December.
CHAIRMAN KELLY: Okay. And there's nobody going to be
living in the mobile home?
MS. SPENCE: Oh, nobody ever lived in it. It's just my
recreational vehicle. I use it once a year, ifl'm lucky, so -- haven't
used it in over a year now because I've been out of the home with my
teenage daughter, and I had to go to an apartment to avoid the
situation with my estranged husband.
CHAIRMAN KELLY: Investigator Baldwin, any objection to
changing the stipulated agreement for more time?
MR. BALDWIN: No objections, sir.
CHAIRMAN KELLY: Just, Mrs. Spence, do you have a time
frame that you'd like? It's your stipulated agreement. As long as the
county agrees, you can --
MS. SPENCE: Just 30 days, I think, would be fair.
CHAIRMAN KELLY: Acceptable for the county?
MR. BALDWIN: That's acceptable. She has been trying really
hard since becoming aware.
Page 23
March 24, 2011
MS. SPENCE: I have all week. I've got a friend in the hospital
that's been in ICU for almost two weeks now. I've been running back
and forth doing that, and trying to take care of this effortlessly (sic),
but --
MR. LEFEBVRE: I make a motion to extend it to 30 days from
today.
MS. SPENCE: Okay. Thank you.
MR. KAUFMAN: Second.
CHAIRMAN KELLY: Motion and second.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Any so you do have 30 days. And let us
know if you run into additional problems prior to the 30 days.
MS. SPENCE: Okay.
CHAIRMAN KELLY: And speaking on behalf of the board,
we're really sorry about everything that you're going through.
MS. SPENCE: Thank you. I appreciate that.
MR. BALDWIN: Thank you.
MS. SPENCE: Where do I pay the 86?
CHAIRMAN KELLY: The investigator will help you with that,
and unfortunately we have no control over it. That's something that's
imposed by the county.
MS. SPENCE: Thank you.
CHAIRMAN KELLY: Okay. That clears all of our motions and
stipulation.
Page 24
March 24, 2011
Now we're moving on to C, hearing. Moves us all the way to
Case No.7, B Q Concrete, LLC, CELU20100021891.
(The speakers were duly sworn and indicated in the affirmative.)
MS. BAKER: This is in reference to violation of Collier County
Land Development Code 04-41, as amended, Section 1.04.01 (A) and
Section 2.02.03.
Description of violation: Accessory structure on the property
without a principal structure on the same lot.
Location/address where violation exists: 4790 Pine Ridge Road,
Naples, Florida, 34119, Folio 37925940001.
Name and address of owner/person in charge of violation
location: B Q Concrete, LLC, 6017 Pine Ridge Road, No. 329,
Naples, Florida, 34119.
Date violation first observed: December 14,2010.
Date owner/person in charge given Notice of Violation: January
7,2011.
Date on/by which violation to be corrected: February 7, 2011.
Date of reinspect ion: February 8, 2011.
Results of reinspection: The violation remains.
I'd like to now turn it over to Investigator Mucha.
CHAIRMAN KELLY: Investigator Mucha, one second, real
quick.
Since we're dealing with a corporation, sir, can I have you state
your name for the record and your relationship to the LLC.
MR. QUARLES: Yes. I'm Buddy Quarles. I'm the president of
the LLC.
CHAIRMAN KELLY: Thank you, sir.
MR. QUARLES: Thank you.
CHAIRMAN KELLY: This is a little different than the ones
you've seen prior. The county is going to go ahead and present the
case, and then afterwards you'll have the chance to speak freely and
also submit any testimony or evidence that you'd like.
Page 25
March 24, 2011
MR. QUARLES: Thank you.
MR. MUCHA: All right. Good morning. For the record, Joe
Mucha, Property-Maintenance Specialist, Collier County Code
Enforcement.
This is in reference to Case No. CELU20 1 00021891 dealing with
violation of the Collier County Land Development Code 04-41, as
amended, Sections 1.04.01(A) and 2.02.03, described as an accessory
structure on the property without a principal structure on the same lot.
Violation location is 4790 Pine Ridge Road, Naples, 34119.
Folio number is 37925940001.
Personal service was given on January 7, 2011.
I have a couple numbers I'd like to submit into evidence. And
I've shared these with Mr. Quarles this morning.
MR. KAUFMAN: Motion to accept.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Motion and second.
All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay, go ahead.
MR. MUCHA: The first is just an aerial taken off the property
appraiser's, just to give you an idea of the property. And there's the
garage that's on there.
And this next document is actually clarification from staff in
regards to accessory structures, and it basically states that an accessory
structure, by definition, requires a principal structure on the same lot
to which it is an accessory use. And it goes on to -- which is kind of --
match what's going on here.
Page 26
March 24,2011
Actually, if I could just -- okay. In all zoning districts, therefore,
an accessory structure may be constructed on a lot adjacent to the lot
on which the principal structure is located when the lots are under
common ownership. And this is what happened at the time when this
garage was built.
This requires the submittal of a signed affidavit stating that the
accessory structure will be removed if the lots are ever separated
and/or sold individually.
This affidavit must be recorded in the public records, and a copy
of the affidavit must be submitted along with the application for the
building permit for the accessory structure, and I do have that such
affidavit.
And this was filed back in 1996, and it basically states that I shall
not sell Lot 1 without the simultaneous issuance of the building permit
for the structure to be built on Lot 1.
So fast-forward to October 2010, Mr. Quarles purchased the lot,
and none of this information was made available to him. He was
under the impression that he had, according to him, two years to build
a primary structure on the lot.
And that's basically where we're at. I mean, I've had a lot of talks
with him, and he just needs time, and it's something that I couldn't
grant him. And I figured we'd come to the Code Enforcement Board.
You guys have the authority to grant him the time that he needs, and
that's where it's at basically.
CHAIRMAN KELLY: Are there any questions for county from
the board?
MR. KAUFMAN: No.
CHAIRMAN KELLY: Okay. Mr. Quarles, feel free to speak
plainly and let us know what you think.
MR. QUARLES: Yeah. About the house, I mean, about the
property about -- when he said it. I want to build a house on it. I'm
having a little bit of issues. I'm getting divorced. Kind of held me
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March 24, 2011
back a little bit. I'm going to build a house on it. I need about six
months to do it.
CHAIRMAN KELLY: Okay. Okay.
MR. KAUFMAN: Have you gotten any of the preliminary,
getting a contractor, building permit?
MR. QUARLES: I'm a builder. I'm a GC myself. I'm going to
do it myself.
MR. KAUFMAN: Okay.
MR. QUARLES: I have some plans I'm looking for and different
things, engineering. It takes -- you know, it takes a little bit of time to
get all that.
MR. KAUFMAN: Do you think six months is a realistic time
frame?
MR. QUARLES: It'd be real close.
MR. MARINO: That's what I was going to ask.
CHAIRMAN KELLY: Go ahead.
MR. MARINO: I was going to ask the same question. Does he
think the six months is going to be enough time?
MR. QUARLES: I mean, I would like more time.
MR. MORINO: Are you looking for six months till completion
of the whole project, the building of the home?
MR. QUARLES: Yes.
CHAIRMAN KELLY: Well, the first thing we need to do is
determine whether or not a violation exists.
MR. KAUFMAN: I make a motion a violation does exist.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
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March 24, 2011
MR. MARINO: Aye.
CHAIRMAN KELL Y: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. Go ahead, sir.
MR. QUARLES: This affidavit, when I bought the property, I
never seen this until today. He just gave this to me. Never, never
seen it. And he's been real good, working with me real good, he has,
Joe has, calling me back. But I just wanted to let you know, I didn't
know anything about this.
CHAIRMAN KELLY: I'm not a legal expert, but it sounds like
you may have some recourse.
MR. QUARLES: Yeah, sure.
CHAIRMAN KELLY: Sorry that you're stuck with this.
Believe me, you're not alone. We've seen -- almost on a monthly basis
we see people in your same position, and unfortunately in this county,
all of those violations go with the property, whoever owns them at that
time.
MR. QUARLES: Right. So--
CHAIRMAN KELL Y: I think you've already sensed some
compassion amongst the board. We'll try to carve out an agreement to
where -- that will give you the time that you need to come into
compliance without any additional headaches.
MR. QUARLES: Great. I appreciate that. Thank you.
CHAIRMAN KELLY: Joe, do you have a recommendation
from the county?
MR. MUCHA: Yes, sir. My recommendation is that the Code
Enforcement Board orders the respondent to pay all operational costs
in the amount of $79.72 incurred in the prosecution of this case within
30 days and abate all violations by: Obtaining all required permits,
inspections, and certificates of completion/occupancy to build a
principal structure on a property or demolish the accessory structure
on the property within blank days or a fine of blank for each day the
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March 24, 2011
violation continues.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement.
If the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of this order, and all costs of
abatement shall be assessed to the property owner.
MR. KAUFMAN: I have a question or two or three. Number
one, is that -- is it a garage that's on the back of the property?
MR. QUARLES: Yes.
MR. KAUFMAN: And it is being used as a garage at this time?
MR. QUARLES: Nobody's using it.
MR. KAUFMAN: Nobody's using it.
MR. QUARLES: No.
MR. KAUFMAN: It says, no traffic going back and forth.
MR. QUARLES: No. Once in a while I go on a Sunday with my
child, you know -- I have a little boy -- and I ride the four-wheeler on
the property. That's it.
MR. KAUFMAN: Okay. I don't know ifl should ask this, but
how did this come about? Is this an anonymous complaint?
MR. MUCHA: This was actually an anonymous complaint.
And I think what happened was, that he was out at the property
cleaning it up a little bit from -- because the previous owner, I guess,
had left a lot of stuff, and he was over there cleaning. And I think he
had some guys from his company there helping him, and they called
in and said, well, this guy's working out of this garage and is not
supposed to be doing this, and that's kind of how it came onto our
radar.
MR. KAUFMAN: I have no concern in extending the necessary
time to apply for a building permit. And my only concern would be
that probably a neighbor someplace is the one that was concerned
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March 24, 2011
about what was going on there --
MR. QUARLES: Yes, sir.
MR. KAUFMAN: -- since it was an unpermitted occasion. Six
months in Collier County seems like an awful short term to get
everything done. But as long as it's in the works, I don't know -- how
long do you think that would take you to approve your plans and start
the ball rolling?
MR. QUARLES: I'm thinking about two months.
CHAIRMAN KELLY: Gerald?
MR. LEFEBVRE: I have a question. Does the structure,
primary structure, have to be CO'ed for this structure to be allowed, or
does it just -- is it necessary just to have a permit pulled for a primary
structure?
MR. QUARLES: Yes. Just a permit for the primary structure. I
went to planning and talked to them about that. That building was
CO'ed and everything.
MR. LEFEBVRE: No, no, no. What I'm trying to ask is, that
structure right now is not allowed. When does it become allowed; at
the time that you apply for a permit for the primary structure, which
would be your house, or upon CO ofthat structure? That's my
question.
MR. QUARLES: I don't know that.
MR. MUCHA: Yes, sir. The house would have to be CO'ed for
him to be able to -- for that garage to be legal.
MR. LEFEBVRE: All right. The wording of this
recommendation is -- the first -- No.1, obtain all required permits,
inspections, certificates of completion/occupancy to build. To build. I
mean, if you have a CO, it's not to build. It's -- the "build" part is
probably not correct. It probably should read something that -- must
obtain a certificate of occupancy or completion for primary structure
on the property. Because it's not -- getting a permit or inspections
won't make it legal this --
Page 3 1
March 24, 2011
MR. MUCHA: I understand.
MR. LEFEBVRE: So I think rewording of that. I'm in the
feeling that we should give him -- considering that, you know, he's
going to build it himself, that 360 days would be appropriate, with --
with the -- knowing that you can't use that structure for -- it has to
remain vacant.
MR. QUARLES: Right.
MR. LEFEBVRE: You know, you own a business. I'm not sure
where you're running that business out of, and we don't want to see the
business being running -- run out of this garage.
But I would want to reword that where it would say, "must obtain
certificate of completion/occupancy of a primary structure on the
property or demolish the accessory structure on the property within
360 days, or a fine of $150 for each day the violation continues."
CHAIRMAN KELLY: Jean, did you get that?
MS. RAWSON: I think I did.
MR. LEFEBVRE: Jean, does that make -- is it a little clearer that
way? Do you see --
MR. KAUFMAN: Could I modify? Along with what Mr.
Lefebvre's saying, I'd like to have two time frames in there. You said
that you thought you could get the ball rolling within 60 days. So I'd
like to add 90 days -- instead of 60 n 90 days to get the balling rolling,
and then the 360 days to complete the effort.
MR. QUARLES: Yes, sir. And that's -- just getting CO, 360
days to have the CO finaled?
MR. LEFEBVRE: Right. And I think what Mr. Kaufman is
trying to say is, you must receive the permit within 90 days.
MR. KAUFMAN: Ninety days.
MR. QUARLES: Okay. That's perfect. I'll take that.
MR. LEFEBVRE: But you have to receive the permit, but
everything has to be CO'ed within 360 days. So it wouldn't be 90 days
and then another 360 days beyond that. Do you follow what I'm
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March 24,2011
saying?
MR. QUARLES: Yeah, perfect. Thank you.
CHAIRMAN KELLY: However, we've got to be careful with
the double jeopardy thing. How would he want to word that as far as
the time frames for fines and whatnot?
MR. LEFEBVRE: I mean, I think --
CHAIRMAN KELLY: Let's say a year and a half goes by and
nothing was done, does he get fined on both the permit and not having
the structure CO'ed?
MR. KAUFMAN: It's how you slice the baby. If it's $150 a day
after one year, how much is it after 90 days? In other words, starting
today you have 90 days. Everything is -- there are no fines. After 90
days, let's say you get the permit 95 days, what would the jeopardy be
in those five days that you went over? And in all likelihood, as long
as good faith is going on, I'm sure that you could come back to the
board to have that taken care of, the extension of time there.
I think going with the 150 that you had for 360 days would work,
and maybe they could -- this could be brought back to us in 90 days to
see what's going on.
MR. LEFEBVRE: So what you're asking for is 90 days for the
permit to be pulled or $150 fine?
MR. KAUFMAN: Yes.
MR. LEFEBVRE: And then 360 days from today to complete,
or another $150.
MR. QUARLES: Yes, sir. That's fair.
MR. LEFEBVRE: Is that what you're -- Mr. Kaufman?
MR. KAUFMAN: Yes.
CHAIRMAN KELLY: I'd like to address both issues. One,
Gerald, was yours. You were talking about making sure that a
certificate of occupancy was definitely part of it. In other words, you
can't just go pull a permit, not do anything, just keep extending the
permit, and comply. But in the first line of county's recommendation,
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March 24, 2011
it does say, "and certificates of completion/occupancy." So I think it's
not just the permits to build. They also have to have the CO in order
to comply with this order.
And I think that -- I think it covers what your concern is. We can
maybe ask Jean just to make sure, but --
MS. RAMSEY: When do you want the CO? Not 90 days, right?
MR. LEFEBVRE: Within 360 days.
MS. RAWSON: Three hundred sixty days. So it's 90 days to
build -- to pull the permits to build, or 150.
MR. LEFEBVRE: Right.
MS. RAWSON: And then 360 days to get the CO, or 150.
MR. LEFEBVRE: Right.
MS. RAMSEY: Is there ever any time--
MR. LEFEBVRE: Or demolish.
MS. RAWSON: I was going to ask you about that.
MR. LEFEBVRE: Or demolish the building.
MS. RAWSON: Does he demolish within 90 or 360?
MR. LEFEBVRE: Within 360.
MR. QUARLES: I'll build.
MR. LEFEBVRE: I think I've complicated this.
CHAIRMAN KELLY: I think my point is, I think the county's
recommendation is -- actually gives everyone perfect clarity, and the
reason why I also say is because the respondent is obviously very
willing to work with us in any way. He's eager to get this done. I
think by requiring the permit in 90 days when he knows that he could
get a permit, build a home, and get it CO'ed in six months, I think that
might be putting just a little bit too much pressure on the front end.
I suggest, let's just give him 360 days to do everything and, you
know, keep it simple.
MR. KAUFMAN: Okay with me.
MR. LEFEBVRE: I haven't made a motion, formal motion, I
guess.
Page 34
March 24, 2011
CHAIRMAN KELLY: Okay.
MR. LEFEBVRE: But I guess we'll scrap everything we talked
about and make -- 360 days to get a CO, and if you do not have a CO,
you will have to demolish the accessory structure and you will be --
there will be a fine of $150 per day.
MR. QUARLES: Okay.
MR. LEFEBVRE: All right.
MR. QUARLES: That's good. Thank you.
CHAIRMAN KELLY: Do we have a second? That's a motion, I
MR. LEFEBVRE: That's a motion.
CHAIRMAN KELL Y: Okay. Do we have a second?
MR. KAUFMAN: I'll second.
MR. MARINO: Sure.
CHAIRMAN KELLY: Seconded.
Any further discussion?
(No response.)
CHAIRMAN KELLY: All those in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. You've got almost a year to get it
taken care of, whether you're going to demo or build a new structure.
MR. QUARLES: I'll build definitely. I'll just let you know, Joe's
been a very good help.
CHAIRMAN KELLY: Terrific.
MR. QUARLES: He's a great guy to work with.
CHAIRMAN KELLY: Thank you. I appreciate that.
MR. QUARLES: Thank you.
Page 35
March 24, 2011
CHAIRMAN KELLY: Thanks for your help.
Okay. Next? I believe we go all the way down to what is the
emergency case, No. 11, is that correct, on the agenda?
MS. WALDRON: Yes, sir.
CHAIRMAN KELLY: And we don't have any paperwork, so I'll
leave it to you to read it in.
MS. BAKER: This is in reference to Case CEPM20110003398,
Melissa K. and Joseph L. Barrs, violation of Collier County Code of
Laws and Ordinances, Chapter 22, Article VI, Section 26-231,
Subsection 2.
Description of violation: Occupied structure that had water
disconnected by City of Naples Utilities due to nonpayment of bill.
Location/address where violation exists: 3815 Estey Avenue,
Naples, Florida, 34104. Folio 26580720004.
Name and address of owner/person in charge of violation
location: Melissa K. and Joseph L. Barrs, 3815 Estey Avenue,
Naples, Florida, 34104.
Date violation first observed: March 21, 2011.
Date owner/person in charge given Notice of Violation: March
23,2011.
Date on/by which violation to be corrected: Immediately.
Date of reinspect ion: March 23,2011.
Results of reinspection: The violation remains.
I would like to now turn the case over to Investigator Mucha.
MR. MUCHA: Good morning, again. For the record, Joe
Mucha, Property-Maintenance Specialist, Collier County Code
Enforcement.
This is in reference to Case No. CEPM20110003398 dealing with
violation Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231, Subsection 2, described as an occupied
property with the water disconnected by City of Naples Utilities.
Violation/location is 3815 Estey Avenue, Naples, 34104. Folio
Page 36
March 24, 2011
No. is 26580720004.
Service was given by posting of the property and the courthouse
on March 23,2011.
This case initiated back on March 16th. We had received a
complaint from another department of the county that was at the
property making a repair to the sewer cleanout that the water was shut
off and that the structure was occupied. That date I made a site visit to
the property and met with the occupant, Shannon. And she confirmed
that the water is currently shut off. And she stated that they were
going down to pay the bill that day.
Before I left work for that day, I contacted City of Naples
Utilities, and as of3:30 no one had been down to pay the bill. And I'd
actually went on vacation, so my supervisor the following day
contacted the occupant, and she stated that the water was turned back
on. And he followed up with City of Naples Utilities, and they
advised that they had no record of the bill being paid and that the
meter should be locked.
So when I came back on March 21 st, I had contacted City of
Naples Utilities, and they had sent somebody out to disconnect the
water, and that they were actually going to remove the meter. I guess
the occupants of the home had been reconnecting the water
themselves in some fashion.
And I spoke to the occupant, and she stated that her boyfriend's
parents own the house. And researched and found out that the house
is in foreclosure, so I think they're basically kind of squatting there.
The water bill is over $1,000 and has not been paid since May of
2010.
So I made another site visit on March 22nd. I met with the
residents again. They couldn't give me any contact information for the
owners, saying they don't have a phone. One lives out of state and one
lives in Golden Gate somewhere. They couldn't give me no
information on that.
Page 37
March 24, 2011
She said that she was going to go down and try to have the water
put in her name. And I told her that, you know, you're still going to be
responsible for this bill before you, you know, are able to switch it
over to your name.
And at that point I just told them I was going to be taking it to
court, so -- and they have not made any efforts, and the water meter
has actually been removed by the City of Naples.
CHAIRMAN KELLY: Okay.
MR. KAUFMAN: Do you have a suggestion?
CHAIRMAN KELLY: Wait. Let's get a violation first.
MR. KAUFMAN: Make a--
MR. LEFEBVRE: Make a motion that there's a violation.
MR. KAUFMAN: Second.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay.
MR. KAUFMAN: Now do you have a suggestion on this?
MR. MUCHA: Yes, sir. The Code Enforcement Board orders
the respondent to pay all operational costs in the amount of $80.29
incurred in the prosecution of this case within 30 days and to abate all
violations by: Restoring the water to the property with an active and
valid account with City of Naples Utilities or vacating the premises
until such time that the water is restored to the property with an active
and valid account with the City of Naples Utilities within blank days
of this hearing or a fine of blank for each day the violation conditions.
Page 38
March 24, 2011
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 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 KELLY: Okay. Any questions from the board?
MR. LEFEBVRE: Have you had any -- you haven't had any
contact with the owners of this property, correct?
MR. MUCHA: No, sir. I've only spoken to the -- a guy that
identified himself as the son of the owner, and he's basically stated
that he doesn't have a contact number for his father. So I don't know.
I'm just taking his word for it, but --
MR. LEFEBVRE: You don't even know who these people are?
MR. MUCHA: Technically not.
CHAIRMAN KELLY: Jen, can you move that up a little bit so I
can see the bottom part of it. Okay. There's nothing more than two.
Okay, thanks.
MR. LEFEBVRE: Now, what kind of assistance can the
Sheriffs Department offer?
MR. MUCHA: They might be able to help us get them removed.
I mean, I've had situations before where there's been utilities shut off
and people were kind of squatting. And sometimes -- I don't know if
they can -- legally can, but sometimes they show up and, you know --
MR. LEFEBVRE: The people just disappear?
MR. MUCHA: Sometimes they'll decide, you know, it's best not
to get -- you know, get the county out here and the sheriffs. You
know, they don't want to draw attention to themselves sometimes, so
-- I don't know if they can legally have them removed, but I mean --
MR. LEFEBVRE: Because the only address you have right now
for them is Estey?
Page 39
March 24, 2011
MR. MUCHA: The same -- the same address, sir.
MR. LEFEBVRE: Have you done any research to see -- to
check that name to see if they own any other property in the county?
MR. MUCHA: No, they don't own any other property in the
county. The only thing I can find is that the property is in foreclosure,
Bank of New York, and I've spoken to the foreclosure investigator.
But basically he told me that if it's occupied, the bank's not going to be
able to do anything about it.
MR. LEFEBVRE: Would they release any information on
addresses or anything to you?
MR. MUCHA: I could check with them.
MR. LEFEBVRE: I'm just saying, you know, if you can find out
if these people even belong there.
MR. MUCHA: Right.
MR. LEFEBVRE: I mean, I know it's not our case really, but--
let me get back to this then, to the violation and recommendation.
I mean, it's going to be hard to notice the owners because we
don't have a good address.
MR. MUCHA: Correct.
MR. LEFEBVRE: So, I mean, the shorter time period, it doesn't
really matter.
Jean, I have a question for you.
MS. RAWSON: Yes.
MR. LEFEBVRE: Kind of a quandary here, giving extra time so
he can maybe find a good address versus people living there. You
know, I want to give ample notice to these people. With all the -- with
the circumstances of it being in foreclosure and so forth, they probably
know the situation.
Is there anything, liability, for giving like 15 days and giving the
investigator time to find a good address for proper notice?
MS. RAWSON: Well, that's up to you, and you're giving the
squatters 15 more days.
Page 40
March 24, 2011
MR. MUCHA: Right.
MS. RAMSEY: But they have no water, right?
MR. MUCHA: Yes, ma'am.
MS. RAWSON: Okay.
MS. BAKER: And just as a reminder, we are only bound by
what's on the tax collector's page.
MR. LEFEBVRE: Right, right.
MS. BAKER: That's what we're bound by state statute.
CHAIRMAN KELLY: So in other words, you are able to get
good service even though --
MS. BAKER: Right, right.
MS. RAWSON: Sure. He's the owner of record. They are the
owner of record of this property.
MR. LEFEBVRE: All right. With that being said, I'm going to
go with seven days of this hearing or a fine of -- what's the maximum
we can --
MR. KAUFMAN: A thousand a day.
MR. LEFEBVRE: A thousand? I would go with $500 a day.
MR. KAUFMAN: And I'll second that.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELL Y: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: All right. And it carries. Seven days,
$500 per day.
MR. MUCHA: Thank you.
CHAIRMAN KELLY: Thanks, Investigator.
Page 41
March 24, 2011
All right. Moving on to old business, A, motion for imposition of
fine and liens. Number 1, Sara Barrera, CESD20080005775.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Okay. Supervisor, would you like to
read it in?
MR. SNOW: Yes, sir. This concerns Board of County
Commissioners versus Sara Barrera.
CHAIRMAN KELLY: Kitchell, sorry. Could you give your
name for the record.
MR. SNOW: Oh, I'm sorry. Kitchell Snow. K-I-T-C-H-E-L-L,
S-N-O-W.
The location is 202 Washington Avenue, Immokalee, Florida,
converted the open carport into a master bedroom.
Past orders on February 26, 2009. The Code Enforcement Board
issued a finding of fact and conclusion of law and order. The
respondent was found in violation of the referenced ordinance and
ordered to correct the violation. See the attached order of the board,
OR4434, Page 1368, for more information.
An extension of time was granted on June 25, 2009. See the
attached order of the board, OR4470, Page 2691, for more
information.
Additional -- an additional extension of time was granted from
February 25, 2010. See the attached order of the board, OR4546,
Page 1048, for more information.
The respondent has complied with the CEB order as of March 3,
2011. The fines and costs to date are described as the following:
Order Item No.3, I and 3, fines at the rate of $200 per day for
the period of February 26, 2011, and March 3,2011,6 days, for a total
of$I,200.
Item No.7, operational costs of $86.71 have been paid.
Total amount to date is $1,200.
And for the record, this was Maria Rodriguez's case, and I'm very
Page 42
March 24, 2011
familiar with it. This was the case where they had to go before the
Board of County Commissioners to get an extension of time to grant
them what they wanted to do.
They ran up to the date to call -- the last day to call their
inspections in. The gentleman who was supposed to come inspect was
on vacation because it was exotic. So they got it done as soon as they
could. I believe they worked very diligently.
CHAIRMAN KELL Y: Great. Thank you. Any comments from
the board?
MR. KAUFMAN: Motion to abate.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELL Y: All those in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: Great. What the board just did was
basically thank you for your working so hard in everything that you
had to go through. There are no fines at all.
MR. BARRERA: Thank you.
MS. BARRERA: Thank you.
MR. BARRERA: Appreciate it.
CHAIRMAN KELLY: Have a good day.
Next case, CESD201 0001722], Carlos Brett Macias and Marisol
Macias.
CHAIRMAN KELLY: Are the respondents here?
MR. PAUL: No, they're not.
(The speaker was duly sworn and indicated in the affirmative.)
Page 43
March 24, 2011
CHAIRMAN KELLY: You want to just state your name for the
record and then read in the order.
MR. PAUL: Absolutely. For the record, Renald Paul, Collier
County Code Enforcement investigator.
This is CEB Case No. CESD201 00017221 dealing with
violations of Collier County Land Development Code 04-41, as
amended, Sections 10.02.06(B)(1)(a). Location: 6290 Westport Lane,
Naples, Florida, Folio 38220760008.
Description: Unpermitted pool and pool cage.
Past orders: On November 18,2010, the Code Enforcement
Board issued a finding of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the board,
OR4629, Page 288, for more information.
The respondent has not complied with the CEB orders as of
March 24, 2011.
The fines and costs to date are described as the following: Order
Item No. 1 and 2, fines at the rate of $200 per day for the period
between February 17,2011, and March 24,2011,36 days, for the total
of$7,200. Fines continue to accrue.
Order Item No.5, operational costs in the amount of $81.15 have
not been paid.
Total amount to date is $7,281.15, and they're still in violation.
CHAIRMAN KELLY: Thank you. Any questions from the
board?
MR. KAUFMAN: Motion to impose the fine.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Motion and second.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
Page 44
March 24, 2011
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: The motion carries.
MR. PAUL: Thank you.
CHAIRMAN KELLY: Thank you, Investigator Paul.
Next case, Case CESD200 1 00009316, Malcolm Gianella. I
apologize if I said that wrong.
MR. PAUL: I think you got it.
MR. ZORKA: I'm just representing.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KELL Y: Okay. Investigator, would you like to
state your name and read it in again.
MR. PAUL: Yes. Renald Paul, Collier County Code
Enforcement investigator.
This is Board of County Commissioners versus Malcolm
Gianella, violations of Collier County Land Development Code 04-41,
as amended, Sections 10.02.06(B)(1)(a).
Location is 5097 20th Court Southwest, Naples, Florida. Folio
36239440007.
Description: Garage was converted to storage space with no
permits.
Past orders on October 28,2010: The Code Enforcement Board
issued a finding of fact, conclusion of law and order. The respondent
was found in violation of the referenced ordinances and ordered to
correct the violation. See the attached orders of the board, OR4623,
Page 1810, for more information.
The respondent has complied with the CEB orders as of March
22,2011.
The fines and costs to date are described as the following: Order
Page 45
March 24, 2011
Item No. 1 and 2, fines at the rate of $200 per day for the period
between February 26, 2011, and March 22, 2011, 25 days, for the total
of $5,000.
Order Item No.5, operational costs of $81.43 have been paid.
Total amount to date is $5,000.
CHAIRMAN KELLY: Okay. Hello, sir. Good morning.
MR. ZORKA: Hi. Good morning.
CHAIRMAN KELLY: Would you like to state your name for
the record.
MR. ZORKA: Philip Zorka (phonetic).
CHAIRMAN KELLY: Okay. And if you have any comments
about the case, we'd love to hear them.
MR. ZORKA: Yeah. We're just going to ask that the fines be
abated. Malcolm wasn't able to be here today because he's at work.
He got a little bit of a slow start because he was having financial
problems. He is employed fully now. Pulled his permits in January.
Hired somebody to help him. She did her part, he did his part and,
unfortunately, there was a huge miscommunication at the end.
I got involved on Monday, called everybody. And it turns out
that everything was finished, but they didn't communicate with each
other. Got the CO the next day, and now we're here.
CHAIRMAN KELLY: Okay. Any questions from the board?
MR. KAUFMAN: County, you've been involved in this case. Is
there any --
MR. PAUL: Correct.
MR. KAUFMAN: -- anything else we should know?
MR. PAUL: No. As soon as I spoke with the gentleman on
Monday, I did advise him of what was going on, and I told him that
they just had to have the inspections done and obtain the CO, and he
had it done immediately, the day after actually. So he did work
diligently, and we have no objection.
MR. KAUFMAN: Motion to abate.
Page 46
March 24,2011
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Motion and second.
Any discussion?
(No response.)
CHAIRMAN KELL Y: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MORINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: It carries. Thanks.
MR. PAUL: Thank you very much.
MR. ZORKA: Thank you very much.
CHAIRMAN KELLY: Represented well.
MR. ZORKA: Thank you.
CHAIRMAN KELLY: Next case, Case CESD20090010785,
Guillermo and Susana Mora.
(The speakers were duly sworn and indicated in the affirmative.)
THE INTERPRETER: I will be translating for them.
(The interpreter was duly sworn to translate from English to
Spanish and Spanish to English, and indicated in the affirmative.)
CHAIRMAN KELLY: Hi, Patty. Do you want to just state your
name and read it in, please.
MS. PETRULLI: For the record, Patti Petrulli, Supervisor of
Collier County Code Enforcement.
This is a Board of County Commissioners versus -- and I'm sorry
I'm going to ruin your name -- Guillermo Gorostieta and Susana L.
Mora, the respondents.
The violation is a Florida Building Code, 2004 edition, Chapter
1, Section 105.1, Collier County Land Development Code, as
amended, Section 1O.02.06(B)(1)(a) and 1O.02.06(B)(1)(e)(i), Collier
Page 47
March 24, 2011
County Code of Laws, Chapter 22.
The location is Folio No. 00769320005. The description of the
violation are several structures on the property to include a wooden
shed, metal addition to the wooden shed, a stand-alone shed in the rear
of the property, and an addition made to the east side of the mobile
home.
The past order on June 24, 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, OR4583,
Page 2853, for more information.
The respondent has complied with the CEB orders. And I'd like
to make a correction here. It's not February 28th. They were in
compliance with the CO by February the 14th.
The fines and costs to date are described as the following: Order
Item No. 1 and 2, fines at a rate of $150 per day for the period
between December 22,2010, and February 14,2011, and that comes
to 55 days, for a total of $8,250.
Order Item No.5, operational costs of $81.43 has been paid.
And the totals amount -- I don't have that since we changed the
amount -- let me see.
CHAIRMAN KELLY: 8331.43.
MS. PETRULLI: Thank you.
MS. BAKER: 8,250.
MS. PETRULLI: $8,250 plus operational costs.
CHAIRMAN KELL Y: Have been paid?
MS. PETRULLI: Yes.
CHAIRMAN KELLY: Okay. Any comments or questions from
the board?
MR. KAUFMAN: Motion to abate.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Any discussion?
Page 48
March 24, 201 ]
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. No more fines. Thank you very
much for working so hard.
THE INTERPRETER: Thank you.
MS. PETRULLI: Thank you.
CHAIRMAN KELLY: Next case, CEPM20100018257, Robert
and Serita Brown. Respondents are not here, I don't believe.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Would you like to state your name and
read the order for the record.
MR. MUSSE: Jonathan Musse, Collier County Code
Enforcement.
This is in reference to Case No. CEPM20100018257, Board of
County Commissioners versus Robert E. Serita -- Robert E. and Serita
D. Brown.
Violations: Collier County Code of Laws and Ordinances,
Chapter 22, building and building regulations, Article VI, Sections
22-231, Subsection 15.
Location of violation is 8622 Pebblebrooke Drive, Naples,
Florida. Folio No. 66262006349.
Description of violation: A pool not being maintained in a
sanitary condition.
Past orders: On November 18,2010, 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
Page 49
March 24, 2011
ordered to correct the violation. See attached order of the board,
OR4629, Page 269, for more information.
The respondent has complied with the CEB orders as of February
11,2011.
The fines and costs to date are described as the following: Order
Item No.2 and 4, fines at the rate of $150 per day for a period
between December 19, 2010, through February 11,2011,55 days, for
a total of $8,250.
Order Item No.5, operational costs in the amount of $80.29 have
not been paid.
Order Item No.6, abatement costs of$827.50 have not been
paid.
Total amount to do -- to date, $9,157.79.
CHAIRMAN KELL Y: Do we have any questions from the
board?
MR. LEFEBVRE: Yes, I do.
Go ahead, Mr. Kaufman.
MR. KAUFMAN: This thing was abated by the county then?
MR. MUSSE: Yes, sir.
MR. LEFEBVRE: The other question I have, under Order No. n
Order Item No.2 and 4, it says, "between a period of December 19,
2010, and February 8th," not February 11th. And is 55 days through
February 8th or through February II?
MR. MUSSE: That's a good question. I need to get my
calculator. Right here it has the February 11 tho
MR. LEFEBVRE: Right. I see, you know, up above it says
February 11. But I just want to make sure the 55 days is accurate.
MR. MUSSE: I would have to--
MR. LEFEBVRE: Okay.
MR. KAUFMAN: We have a Jen nod.
MS. BAKER: Yes.
MR. LEFEBVRE: Okay. Just--
Page 50
March 24, 2011
CHAIRMAN KELLY: So is it the 11th or the 8th?
MR. KAUFMAN: Our papers say the 8th. That's why he's
asking the question, December 19th through February 8th.
MS. BAKER: Oh. You have an updated copy in your packet.
MR. LEFEBVRE: Oh, okay.
MS. BAKER: I think that's what the misunderstanding is. It's
February 11th, 55 days.
MR. KAUFMAN: I'd like to make a motion to impose the fine.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Do we have any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Motion carries.
Okay. Mr. Musse, we've got one more for you, I think. Case
CEPM2010007862, Joseph and Maria Ranghelli.
(The speaker was duly sworn and indicated in the affirmative.)
MR. MUSSE: This is in reference to Case No.
CEPM20100007867, Board of County Commissioners versus Joseph
and Maria Ranghelli.
Original violations: Collier County Code of Laws and
Ordinances, Chapter 22, building and building regulations, Article VI,
property maintenance code, Sections 22-231, Subsection 15.
Location of violation is 11169 Longshore Way West, Naples,
Florida. Folio number is 56101040007.
Description of violation: Dirty, green pool.
Past orders: September 23,2010, the Code Enforcement Board
Page 51
March 24, 2011
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,
OR4610, Page 2374, for more information.
The respondent has complied with the CEB orders as of February
8,2011.
The fines and costs to date are described as the following: Order
Item No.2 and 4, fines at the rate of $100 per day for a period of
between October 24,2010, and February 8, 2011,108 days, for the
totalof$10,800.
Order Item No.5, operational costs of $80.86 have not been paid.
Order Item No.6, abatement costs of $742 have not been paid.
Total amount to date, $11,622.86.
CHAIRMAN KELLY: Okay.
MR. KAUFMAN: I have one question. On No.6, that 742, is
that to seal the top of the pool; is that why they -- the fines don't
continue to accrue?
MR. MUSSE: Yes, sir.
MR. KAUFMAN: Okay. I make a motion to impose.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELL Y: Any opposed?
(No response.)
CHAIRMAN KELLY: And the motion carries.
MR. MUSSE: Thank you.
CHAIRMAN KELLY: Thank you, Investigator.
Page 52
March 24, 2011
And last case of the day, CESD2090010558 (sic). Silvano
Delgado and Jorge Chavez.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KELLY: Investigator, would you like to state your
name and read the order into the record, please.
MR. ASARO: Sure. Tony Asaro, Collier County Code
Enforcement.
This is in reference to Case No. CESD20090010558, Board of
County Commissioners versus Silvano Delgado and Jorge Chavez,
respondents, violation of Collier County Code of Laws, Chapter 22,
Article II, Florida Building Code, Section 22-26(b), 104.5.1.4.4.
Location of the property is 2556 Randall Boulevard, Naples,
Florida, 34120. Folio No. is 40233560005.
Description of violation is a partially built structure on the
property with canceled and voided permits.
Past orders: On November 18,2010, the Code Enforcement
Board issued a finding -- findings of facts, 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, OR4629, Page 290, for more information.
The respondents have not complied with the CEB orders as of
March 24,2011.
Fines and costs to date are described as the following: Order
Item No.1 and 2, fines at the rate of $150 per day for the period
between February 17,2011, through March 24,2011,36 days, for the
total of $5,400 fines continue to accrue.
Order Item No.5, operational costs of$81.72 have not been paid,
for a total amount of $5,481.72.
CHAIRMAN KELLY: All right. Thank you.
Good morning. May I have you state your names for the record,
please.
MR. DELGADO: Oh, yes.
Page 53
March 24, 201 ]
CHAIRMAN KELLY: Okay. Are you interpreting for Silvano?
MR. DELGADO: Yeah, I no listen too good.
CHAIRMAN KELLY: Okay. Do you want to -- just in case,
we'll swear him in anyways.
(The interpreter was duly sworn to translate from English to
Spanish and Spanish to English, and indicated in the affirmative.)
CHAIRMAN KELLY: If you would like to make a statement
and describe what's going on, we can --
THE INTERPRETER: Let me tell you something. Him speak
English. The problem, him no hear too much. That why I need to be
here for him, for him to speak English.
MR. DELGADO: All right.
CHAIRMAN KELLY: Okay. If! can, let me explain the
situation from our standpoint. It's kind of a rule that we don't stop the
fines once they're presented to us if the violation still exists. So ifhe's
going to offer testimony, we will -- we'll hear it, but we don't
necessarily want to rehear the entire case. If you'd like to --
MR. DELGADO: Yeah. You know my problem. This property
-- I lost all my property in two oh seven, okay. I'm going to pay here
-- they lost the property in 2008 at the courthouse. I lost the property.
After two years, having a problem for the code enforcement, the
Bank of America come back the property. No, no, no. This is your
problem. I don't want a problem for Collier County.
CHAIRMAN KELL Y: Hang on one second. You okay?
MR. DELGADO: Yeah.
CHAIRMAN KELLY: Okay. Sorry.
MR. DELGADO: All right. They said -- the bank, I call all the
time. No, no, no, no. I don't want a problem. You know a lawyer?
You no talk to me. This is your problem.
I come back to property. I don't have any money for pay. When
you do have any money, you pay. No is my problem. I clean my
hand. I tell them, I having a problem for Collier County.
Page 54
March 24, 2011
But, you know, they would come buy the property, be for free,
after checking the paper. No, you need pay $111,000. I don't have any
money. I am in foreclosure. All my property, I lost everything. I lost
my business. I lost all.
No more talk for you. Only for lawyer or Collier County. No
you. That's it.
CHAIRMANKELLY: Okay.
MR. DELGADO: And before going here, maybe 90 days, I call
the bank. After -- no more questions for you.
CHAIRMAN KELLY: Okay.
MR. KAUFMAN: I remember this case.
MR. DELGADO: Yes.
MR. KAUFMAN: That you partially built a house and you ran
out of money or whatever, and the bank was foreclosing on the house.
MR. DELGADO: Yes.
MR. KAUFMAN: They stopped and said they didn't want the
house. They wanted to give it back to you; is that correct?
MR. DELGADO: Yes.
MR. KAUFMAN: So they were giving you the house with, what
I understand -- and, Jean, correct me, because I remember I asked you
this question -- with no debt. They were just giving it back to you.
MS. RAWSON: I don't think it was with no debt.
CHAIRMAN KELLY: It was an assumption on our part. But
what they did it they stopped foreclosure proceedings without actually
completing the foreclosure so that the property remains in his name.
MR. KAUFMAN: Because I remember asking the question, if
they're giving you the house back and they're stopping their
foreclosure, does that mean that the property is now yours and you
have no mortgage on it?
MR. DELGADO: Yeah, having any -- no, I no pay nothing.
MR. KAUFMAN: So they still want you to pay the mortgage; is
that what I'm understanding?
Page 55
March 24, 201 ]
THE INTERPRETER: Yes. The bank say him -- when him
have any money, just call and start making payments. You know, it's
not staying in foreclosure or the bank say, that one is not the problem
for the bank. When -- you take time, you take all the time you need.
When you have money, you just call me and start making payments
for the house. But that one is not my problem. You need to resolve
the problem with Collier County. It's all they say, the bank.
MR. KAUFMAN: So it sounds like they were doing a loan
modification.
THE INTERPRETER: No, it's not giving nothing, any paper, no
say nothing. Just say, you take the time, when you have the money,
for him have any social security benefits, for him having 70 -- 67
years old, and him talk to -- about that one. It's not too much money,
you know, for -- everything, for him lost the whole business. And the
bank says, this is not my problem. This is your house. You take your
house. I don't need it. I don't want it.
MS. BAKER: I have some information that might be helpful to
you. I have the notice of voluntary dismissal from the bank, if you
want to see it. Usually the notice of dismissal just dismisses the
foreclosure. It goes back to the same status that it was prior to them
starting the foreclosure process.
MR. KAUFMAN: And if we impose the fine, the fine is -- since
the bank is not taking this over, the bank (sic) would go against the
owner of record.
MS. BAKER: The lien would go against the owner of record,
yes.
MR. KAUFMAN: Okay. So that the amount of money that you
would owe on the property would be whatever mortgage you had plus
whatever this lien is.
THE INTERPRETER: Yes.
MR. KAUFMAN: It doesn't sound like this is going to be paid
off either way.
Page 56
March 24, 2011
MR. LEFEBVRE: Does our motion say that we -- that the
county can go in and abate this? That would be an option, correct?
Okay. If it's in there, then--
MS. BAKER: Yeah, we can.
MR. LEFEBVRE: -- maybe that's an option the county should
take, and then place the lien against the property. And a lien that the
county places against the property supersedes the mortgage, correct?
So that would be the option.
I make a motion to impose the fines.
MR. KAUFMAN: I second it.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELL Y: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Motion carries.
What we've done is we've imposed the fines. That moves this
along in the process. There's really not much we can do until they're
abated as far as reducing or stopping any fines. So we'll now leave it
up to the county to decide what to do.
MR. DELGADO: Okay. Other question. I am in foreclosure
now. I'm bankrupt. Maybe finished two, three months. Okay?
CHAIRMAN KELLY: Okay. That's fine. You continue with
your proceedings as necessary, and the county will, I'm sure, take that
into consideration.
THE INTERPRETER: Thank you so much.
MR. DELGADO: Thank you for your time.
CHAIRMAN KELLY: Thank you.
Page 57
March 24, 2011
That concludes all of our imposition of fines. Now moving on to
No.6, new business.
Item 1, elections. It's a yearly event for us. We pick a chairman
and a vice-chairman.
MR. LEFEBVRE: Make a nomination.
CHAIRMAN KELLY: Okay.
MR. LEFEBVRE: To nominate Ken Kelly as chair again.
MR. MARINO: Second that.
CHAIRMAN KELLY: Okay. Motion and a second.
All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. Thank you.
MR. LEFEBVRE: Make a motion to nominate Mr. Kaufman as
vice-chair.
MR. MARINO: I'll second that.
CHAIRMAN KELLY: Seconded.
Any discussion?
(No response.)
CHAIRMAN KELL Y: All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: And things will remain status quo.
MR. LEFEBVRE: Yes, they will.
Page 58
March 24, 2011
CHAIRMAN KELLY: Thank you. Congratulations, Mr.
Kaufman.
MR. KAUFMAN: Congratulations, Mr. President (sic).
CHAIRMAN KELLY: There was nothing on our consent
agenda, so how about reports?
MS. FLAGG: Good morning.
CHAIRMAN KELLY: Good morning.
MS. FLAGG: As of March 20th the banks have expended
$2,058,000 in Collier County to abate code violations, and they've
abated 1,657 violations. It continues to average that the banks are
spending about $18,000 per week in Collier County to abate code
violations.
As of the week of March 7th -- and we monitor performance
statistics for the department every week. In the week ending March
7th, there were 239 new code cases open that -- just that week. There
were 654 property inspections completed in that week. There were
138 cases closed with voluntary compliance. There were 142 payoff
requests. A payoff request is when somebody is purchasing a property
and/or paying off -- they make a request to the department.
There were 122 lien search requests. And, again, that's that
program that we worked in coordination with Naples Area Board of
Realtors to encourage folks to get code property inspections and lien
searches on the property. You had a case today where there was
something that was not known by the buyer and, therefore, he bought
the problem.
Just in this week, this -- there were 11 lien searches completed
that actually had code cases on it. So had they not done the lien
search, they would have bought -- there would have been 11
properties that would have bought code issues on them.
There were 81 garage sale/rec vehicle permits issued in the week.
And the investigators this week are carrying 48 cases -- an average of
48 cases per investigator.
Page 59
March 24, 2011
Just a reminder that on the code enforcement website, which is
WWW.Colliergov.net/code will take you right to the front page of the
website. We have our brochure on the website that's titled "Thinking
of buying a home or foreclosed property," and if you click on that,
folks can bring up that full brochure and explain why it's so important
to do a lien search and a property inspection before they buy a home,
because in the State of Florida, the statutes require that if you buy a
home with code issues on it, you also buy the code issues.
So we encourage people to do their research before they buy the
home so that they know exactly what they're getting into.
Thank you.
CHAIRMAN KELL Y: Thank you. I'd also like to comment that
today we heard two respondents specifically mention how wonderful
the investigators were to work with. And I've been on the board now
for about five years -- Gerald longer than I have -- and I don't
remember ever hearing that before today.
So, congratulations. That really goes to show just what a terrific
job you're doing in turning things around in the community as far as
the Code Enforcement Department.
MS. RAWSON: I would like to reiterate that, because I've been
around either on the board or sitting in this chair for 15 years, and I
don't believe anybody's ever said anything nice about the code
enforcement. I loved it. Good for you, Diane.
MS. FLAGG: Thank you. It's a great team. It really is.
CHAIRMAN KELLY: That is incredible. And with your work
with the community Neighborhood Task Force and, you know, getting
involved in really helping to prevent blight, there should be far more
compliments than what you're receiving, because you're really helping
the community maintain its prestige.
MS. FLAGG: Well, on behalf of the department, thank you very
much.
CHAIRMAN KELLY: You're welcome.
Page 60
March 24,2011
Are there any other comments?
(No response.)
CHAIRMAN KELLY: Our next meeting date is April 28, 2011.
And with that, I'll entertain a motion to adjourn.
MR. MORINO: I'll make a motion we adjourn.
MR. KAUFMAN: Second.
CHAIRMAN KELL Y: Seconded.
All in favor?
MR. LEFEBVRE: Aye.
MR. KAUFMAN: Aye.
CHAIRMAN KELLY: Aye.
MR. MARINO: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay. We'll see you next month.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :38 a.m.
CODE ENFORCEMENT BOARD
--------,
--- ~
KE~~hairman
These minutes approved by the Board on
or as corrected
, as presented
Page 61