CEB Minutes 06/23/2011 R
June 23,2011
TRANSCRIPT OF THE MEETING OF THE
CODE ENFORCEMENT BOARD
Naples, Florida
June 23, 2011
LET IT BE REMEMBERED, that the Collier County
Code Enforcement Board, in and for the County of Collier,naving
conducted business herein, met on this date at 9:00 a.1l1.in REGULAR
SESSION in Building "F" of the GovemmentCQwplex, East Naples,
Florida, with the following members present:
VICE-CHAIRMAN:
Robert Kaufman
Larry Dean
Ron Doino
James Lavinski
Gerald Lefebvre
Tony Marino
Ken Kelly (Excused)
Lionel L'Esperance (Excused)
ALSO PRESENT:
Jean Rawson, Attorney for the Board
Diane Flagg, Code Enforcement Director
Colleen Davidson, Administrative Secretary
Page 1
CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
AGENDA
Date: June 23, 2011 at 9:00 a.m.
Location: 3299 Tamiami Trail East, Naples, FL 34104
NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE
PRESENT A TION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING
TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS
ADJUSTED BY THE CHAIRMAN.
ALL PARTIES P ARTICIP A TING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS
RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD
ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WIDCH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING
THIS RECORD.
1. ROLL CALL
Kenneth Kelly, Chair
Robert Kaufman, Vice Chair
Gerald Lefebvre
James Lavinski
Larry Dean
Lionel L' Esperance
Tony Marino
Ronald Doino, Alternate
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES -
A. May 26, 2011 Hearing
4. PUBLIC HEARINGS/MOTIONS
A. MOTIONS
Motion for Extension of Time
I. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est.
CESD20090005007
B. STIPULA nONS
C. HEARINGS
I.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CENA2011 00011 68
FLAMINGO BEND NURSERY
INVESTIGA TOR CRISTINA PEREZ
COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIROMENT, ARTICLE VI,
SECTION 54-18 I LITTER CONSISTING OF BUT NOT LIMITED TO: LARGE PILES
OF VEGETATION DEBRIS, CONSTRUCTION MATERIAL, WOOD, CONCRETE,
RE-BAR, ETC.
0077080800
11820 RIGGS RD. NAPLES, FL
CESD20t 10001255
URBANO HERNANDEZ & MANUEL HERNANDEZ
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
1O.02.06(B)(1)(a) MULTIPLE ADDITIONS WITH ELECTRIC AND PLUMBING ATTACHED
TO THE MOBILE HOME AND A STEEL METAL BUILDING ERECTED WITHOUT FIRST
OBTAINING A COLLIER COUNTY BUILDING PERMIT
00058200001
4805 MIRAHAM DRIVE IMMOKALEE, FL
CESD20t000067t9
LESZEK & HENRYKA KLIM
INVESTIGA TOR AZURE BOTTS
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
1O.02.06(B)(1)(e)(i) ADDITION BUILT ONTO THE REAR OF THE HOME WITHOUT
FIRST OBTAINING ALL REQUIRED BUILDING PERMITS
54670003124
370 LEA WOOD CIRCLE NAPLES, FL
CESD20110000223
GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT
INVESTIGATOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
I 0.02.13(F) ANNUAL PUD MONITORING REPORT HAS NOT BEEN SUBMITTED
204760803
14575 COLLIER BLVD. NAPLES, FL
5.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
8.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
9.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100013659
JESUS ENRIQUE PRADO
INVESTIGA TOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4 I AS AMENDED, SECTION
1O.02.06(B)(1)(a) ENCLOSED LANAI WITH NO PERMITS
36111680008
4972 22ND PLACE SW NAPLES, FL
CESD20100019758
STEVEN T. HOVLAND & MELANIE ANN HOVLAND
INVESTIGA TOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
10.02.06(B)(I)(a) SHED, WOOD DECKING AND GARAGE CONVERTED TO AN
APARTMENT WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS
00103840400
7850 FRIENDSHIP LANE NAPLES, FL
CESD20100006498
GULF WAY CONDOMINIUM
INVESTIGA TOR JONATHON MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTIONS
1O.02.06(B)(1)(a); 1O.02.06(B)(1)(e); & 1O.02.06(B)(1)(e)(i) GARAGE THAT WAS
CONVERTED INTO A LIVING SPACE WITHOUT OBTAINING PROPER COLLIER
COUNTY PERMITS
48270040001
211 I sl STREET BONITA SPRINGS, FL
CEOCC20110004176
NOHAM KILINSKY
INVESTIGA TOR JOE MUCHA
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
2.02.03(E) AND (1) NO BUSINESS TAX RECEIPT FOR "RAFAEL CANO LAWN &
LANDSCAPING SERVICE" FROM THIS LOCATION. ALSO THE IMPROPER STORAGE
OF VEHICLES ASSOCIATED WITH THE BUSINESS ON THE PROPERTY.
35763320005
4325 17TH PLACE SW NAPLES, FL
CESD20100004665
COLLIER COUNTY
INVESTIGA TOR AZURE BOTTS
COLLIER COUNTY LAWS AND ORDINANCES, CHAPTER 22, ARTICLE II, SECTION
22-26(b)(104.5.1.4.4) PERMIT 2001060698 FOR THE REPLACEMENT OF ALL WINDOWS
HAS BEEN VOIDED FOR FAILURE TO OBTAIN INSPECTIONS AND CERTIFICATE OF
COMPLETION
81732120002
2842 BARRETT AVE. NAPLES, FL
10.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLATION
ADDRESS:
II.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
12.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
13.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD200900 16652
MARC W. HANNA
INVESTIGA TOR AZURE BOTTS
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1, COLLIER
COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(I)(a)
METAL SHED WITH PLUMBING AND ELECTRICAL WAS CONTRUCTED/ PLACED
UNDER THE CARPORT WITHOUT FIRST OBTAINING ALL REQUIRED BUILDING
PERMITS
68341040004
25 OCHO RIOS STREET NAPLES, FL
CESD201 0001 7997
CONTINENT AL FURNISHINGS, INC.
INVESTIGA TOR AZURE BOTTS
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1,
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
1O.02.06(B)(1)(a) AND SECTION 10.02.06(B)(1)(e)(i) INTERIOR ALTERATIONS/
ADDITIONS HAVE BEEN MADE CONSISTING OF BUT NOT LIMITED TO;
STRUCTURAL, WALLS HAVE BEEN REMOVED AND NEW WALLS BUILT AND
ELECTRICAL HAS BEEN ADDED/ALTERED OR REMOVED WITHOUT FIRST
OBTAINING ALL REQUIRED BUILDING PERMITS
67080200009
4400 T AMIAMI TRAIL EAST NAPLES, FL
CESD20110003492
ROBYN M. CANTARA
INVESTIGA TOR TONY ASARO
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
1O.02.06(B)(1)(a) EXPIRED PERMIT #2010070368 FOR POOL/SPA / CONCRETE DECK,
EXPIRED PERMIT # 2010070898 FOR ADDING LANAI/SUMMER KITCHEN AND
EXPIRED PERMIT # 2010081074 FOR TANK INSTALLATION WITH PIPING AND TO
HOOK UP POOL HEATER AND GRILL
78695204324
2169 V ARDIN PLACE NAPLES, FL
CESD20110002294
CHARLES R. & LAURIE A. FLAUM
INVESTIGA TOR JONATHON MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION
10.02.06(B)(I)(e)(i) 2 UNPERMITTED SHEDS
41885680002
5805 BUR OAKS LANE NAPLES, FL
14.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
15.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
16.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
17.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD201 10002004
CHARLES R. & LAURIE A. FLAUM
INVESTIGA TOR JONATHON MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4 I AS AMENDED, SECTION
10.02.06(B)(1)(a), 1O.02.06(B)(1)(e) AND 1O.02.06(B)(1)(e)(i) GARAGE WAS CONVERTED
INTO LIVING SPACE WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY
PERMITS
41885680002
5805 BUR OAKS LANE NAPLES, FL
CESD20100007957
ANDREI V. OSINSKY
INVESTIGATOR AZURE BOTTS
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1, COLLIER
COUNTY LAND DEVELOPMENT CODE, 04-4 I AS AMENDED, SECTIONS
10.02.06(B)(I)(a), 10.02.06(B)(I)(e) AND 10.02.06(B)(I)(e)(i) ALTERATIONS/ADDITIONS
CONSISTING OF BUT NOT LIMITED TO; KITCHEN WITH PLUMBING AND
ELECTRICAL ADDED TO THE SUITE, FRENCH DOORS ARE NOT LOCATED IN
PROPER LOCATIONS PER PERMIT, WINDOW ADDED TO EXTERIOR WALL OF SUITE,
AND RISERS ARE NOT CONSTRUCTED AS PERMITTED. WORK CONDUCTED
WITHOUT FIRST OBTAINING REQUIRED BUILDING PERMITS
61837000005
4900 PALMETTO COURT NAPLES, FL
CEROW20090017262
HIGHLAND PROPERTIES OF LEE & COLLIER
INVESTIGATOR JAMES KINCAID
2003-37 RIGHT-OF-WAY OF COLLIER COUNTY, CODE OF LAWS AND ORDINANCES,
ARTICLE II, CHAPTER 110, SECTION I 10-3 I (a), RIGHT OF WAY PERMITS RIGHT-OF-
WAY NEEDS TO BE RESTORED TO A PERMITTED CONDITION
403160000
NO SITE ADDRESS
CEROW20110000485
EDEN INSTITUTE FOUNDATION, INC.
INVESTIGATOR THERESE ROUSSEAU
2003-37 RIGHT-OF-WAY OF COLLIER COUNTY, CODE OF LA WS AND ORDINANCES,
ARTICLE II, CHAPTER 110, SECTION I 1O-31(a), RIGHT OF WAY PERMITS RIGHT-OF-
WAY NEEDS TO BE RESTORED TO A PERMITTED CONDITION
403240001
2801 COUNTY BARN RD. NAPLES, FL
18.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
19.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
20.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
21.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100022071
DV PROPERTY INVESTMENT, LLC.
INVESTIGA TOR AZURE BOTTS
04-41 AS AMENDED, LAND DEVELOPMENT CODE, SECTIONS 1O.02.06(B)(1)(a),
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1
ADDITIONS/ AL TERA TIONS MADE TO THE RESIDENCE WITHOUT FIRST OBTAINING
ALL REQUIRED COLLIER COUNTY BUILDING PERMITS
71630280009
3 KINGS RD. NAPLES, FL
CESD20lt0003169
KIMBERLY M. FRY
INVESTIGA TOR JONATHON MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4 I AS AMENDED, SECTION
1O.02.06(B)(I)(a); 1O.02.06(B)(1)(e) AND 1O.02.06(B)(1)(e)(i) CONVERTED THE
DOWNSTAIRS UTILITY ROOM INTO LIVING SPACE AND ADDED A ROOM ON THE
UPSTAIRS DECK, BOTH WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY
PERMITS
41883680004
6025 ENGLISH OAKS LANE NAPLES, FL
CESD20lt0003173
KIMBERLY M. FRY
INVESTIGA TOR JONATHON MUSSE
2007 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 110.4 CERTIFICATE OF
COMPLETION PERMIT # 2005070536 FOR CBS GARAGE WITH ELECTRIC EXPIRED ON
MAY 27,2006, CERTIFICATE OF COMPLETION WAS NOT ISSUED
41883680004
6025 ENGLISH OAKS LANE NAPLES, FL
CESD20110000679
MADERLINE & EDlLEYDlS GONZALEZ
INVESTIGA TOR AZURE BOTTS
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4 I AS AMENDED, SECTION
1O.02.06(B)(1)(a) CONCRETE SLAB WITH PVC PIPING, AN UNFINISHED GAZEBO TYPE
STRUCTURE WITH ELECTRICAL SERVICE AND A MOBILE HOME HAVE ALL BEEN
CONSTRUCTED ON THE PROPERTY WITHOUT FIRST OBTAINING ALL REQUIRED
BUILDING PERMITS.
00420080008
6066 ADKINS AVE. NAPLES, FL
5. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
I.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
2002081009
CLOSE-UP CREATURES, INC.
INVESTIGA TOR ANDREW KELLY
COLLIER COUNTY ORDINANCE 91-102, AS AMENDED, CODIFIED AS THE COLLIER
COUNTY LAND DEVELOPMENT CODE SECTIONS 3.8.3(3).3.11.3.1,3.11.3.2 & 3.9.3
PARCEL OF TEN (10) ACRES OR MORE CLEARED WITHOUT VEGETATION PERMIT
AND IMPROVED WITH A STORAGE BARN, EXOTIC ANIMAL BARN AND PEN,
PERMANENT TENT AND TOILET FACILITIES WITHOUT AN ENVIROMENTAL IMPACT
STATEMENT (EIS) BEING SUBMITTED AND APPROVED OR THE AREA SURVEYED
FOR POSSIBLE PRESENCE OF ENDANGERED SPECIES
0335000005
2755 INEZ RD. SW NAPLES, FL
CESD200800 16673
LOUISE & DENNIS LUNSKI
INVESTIGA TOR MICHELE MCGONAGLE
FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SECTION 105.1, ORDINANCE
04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION
1O.02.06(B)(1 )(a) AND COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II,
SECTION 22-26(b) A STRUCTURE WITH ELECTRICAL BEING BUILT AND STORAGE
SHED HAS BEEN ERECTED PRIOR TO OBTAINING A COLLIER COUNTY BUILDING
PERMIT AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE AND
THE FLORIDA BUILDING CODE
00721360003
10581 KEEW AYDIN ISLAND NAPLES, FL
CESD20100008711
ROBERT A. FLICK
INVESTIGA TOR AZURE BOTTS
FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1 AND COLLIER
COUNTY ORDINANCE 04-41 AS AMENDED, SECTION 10.02.06(B)(I)(a),
1O.02.06(B)(I)(e)(i), AND 1O.02.06(B)(I)(e) REPAIRS/ ALTERATIONS CONSISTING OF
ELECTRICAL, PLUMBING AND STRUCTURAL BOTH INTERIOR AND EXTERIOR
HA VE BEGUN ON RESIDENTIAL DWELLING WITHOUT FIRST OBTAINING ALL
REQUIRED COLLIER COUNTY BUILDING PERMITS
71800000307
3339 CANAL STREET NAPLES, FL
4.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
CESD20100009613
CHARLES H. BARTHOLF
INVESTIGA TOR RENALD PAUL
COLLIER COUNTY ORDINANCE 04-4 I, THE LAND DEVELOPMENTCODE, AS
AMENDED SECTION 10.02.06(B)(1)(a) ADDITION OF UNPERMITTED PUMP HOUSE
SHED/GUEST HOUSE AND TENT-LIKE STRUCTURE ON THE PROPERTY
38224920006
5991 WESTPORT LANE 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 - July 28, 20ll
11. ADJOURN
June 23, 2011
VICE-CHAIRMAN KAUFMAN: Good morning. I'd like to call
the Code Enforcement Board to order.
Notice: The respondent may be limited to 20 minutes for case
presentations, unless additional time is granted by the Board. Persons
wishing to speak at any agenda item will receive up to five minutes,
unless adjusted by the chairman.
All parties participating in the public hearing are askedt()
observe Robert's Rules of Order and speak one at a time so that the
court reporter can record all statements being made. Any person who
decides to appeal a decision of this board will need a,fecord of the
proceedings pertaining thereto and therefore may peed to ensure that a
verbatim record of the proceedings is made, whi~hre~ord includes the
testimony and evidence provided. The appeal <based on -- neither
Collier County nor the Code EnforcementBoard shall be responsible
for providing this record.
We have the roll call?
MS. DAVIDSON: Mr. RobertKaufman?
VICE-CHAIRMAN KAUFMAN: Here.
MS. DA VIDSON:Mr.<Getald Lefebvre?
MR. LEFEBVRE:.Here.
MS. DAVIDSON: Mr. James Lavinski?
MR. LA VINSKI: Here.
MS. DAVIDSON: Mr. Tony Marino?
MR. MARINO: Here.
MS.. DAVIDSON: Mr. Larry Dean?
MR. DEAN: Here.
MS.DA VIDSON: Mr. Ron Doino?
MR. DOINO: Here.
And Mr. Ken Kelly and Lionel L'Esperance both have excused
absences for today.
VICE-CHAIRMAN KAUFMAN: Okay. And Ron Doino will
be a full voting member today.
Page 2
June 23, 2011
Now for agenda changes.
MS. DAVIDSON: Number four, public hearings, motions. A,
motions/motion for extension of time, we have one addition. Case
CESD20 1 00009141, Gloria Perdigon.
Motion for continuance. We have one addition,
CESD20 1 00006498, Gulf Way Condominium.
B, stipulations, we have four additions. Case
CEOCC20 11 00041 76, N oham Kilinsky. ..
Number two, CESD20100017997, Continental FurtHshings.
Number three, Case CESD20100007957, Andr~r\,T.Osinsky.
Number four, CESD2011001255, Urbano allPManuel
Hernandez.
C, hearings. Case No. one, CENA20110@Ol168, Flamingo Bend
Nursery, has been withdrawn.
Number three, Case CESD2010@006119, Leszek and Henryka
Klim, has been withdrawn.
Number four, Case CESD20110000223, Golden Gate Fire
Control and Rescue District, has::Qeen withdrawn.
Number nine, CaseC:gSD20100004665, Collier County, has
been withdrawn.
Number 10, Case CESD20090016652, Marc W. Hanna, has been
withdrawn.
Number lS,Case CESD20 11 0002294, Charles R. and Laurie A.
Flaum, hasbe~:n withdrawn.
Number 14, Case CESD20 11 0002004, Charles R. and Laurie A.
Flaum,l1asbeen withdrawn.
Number 18, Case CESD201 00022071, DV Property Investment,
has>be..en withdrawn.
Number 21, Case CESD20110000679, Maderline and Edileydis
Gonzalez, has been withdrawn.
Under five, old business, A, motion for imposition of fines/liens.
Number one, case 2002081009, Close-Up Creatures, has been
Page 3
June 23, 2011
withdrawn.
Number two, Case CESD20080016673, Louise and Dennis
Lunski, has been withdrawn.
There is an addition. Number five, Case CESD20100004524,
Rosarion and Immacula Simeus.
And we have one additional stipulation which will be numb~r
five under public hearings/motions, B, stipulations. I'm sorry~there's
two of them. Case CESD20 11 0003169, Kimberly M. Fry. .
And Case CESD20 11 0003173, Kimberly M. Fry.
VICE-CHAIRMAN KAUFMAN: Motion to agel1d(sic) the--
MR. LEFEBVRE: I make a motion to amenQ.the(.l,genda.
MR. MARINO: Second it.
VICE-CHAIRMAN KAUFMAN: All those in favor?
MR. LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. DOINO: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response~)
VICE-CHAIRMAN KAUFMAN: We are ready to begin. First
we're going to start with the public hearings. The motion to -- for an
extension ofti1'l1et Last four digits on the first one is 5007.
(Speaker was duly sworn.)
M~.DAVIDSON: Would you like a motion to approve last
mOIlth.'s meeting minutes?
.MR. KAUFMAN: Oh, yes. Motion to approve last month's
meeting minutes.
MR. MARINO: I'll make the motion --
MR. DEAN: Second.
MR. MARINO: -- to approve the minutes.
Page 4
June 23, 2011
VICE-CHAIRMAN KAUFMAN: All those in favor?
MR. LEFEBVRE: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
MR. DOINO: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Opposed?
(No response.)
MR. DEAN: Abstain.
INVESTIGATOR BOTTS: Good morning, gel1tlemen.
My understanding is that the property ownerna~~ked for an
extension of time. I'm just reviewing the lettertij~tlhave just -- was
recently given. So I'm sure you have a copy of it as well?
VICE-CHAIRMAN KAUFMAN: lao.
INVESTIGATOR BOTTS: Ok~y~<t>g4ess, do you have any
questions for me?
MR. KAUFMAN: I have one<qll.estion for the respondent. I
assume they're not here? .
INVESTIGATOR :a<OTTS: To the best of my knowledge, sir,
no.
VICE-CHAIRMAN<KAUFMAN: Okay, I read the case from six
months ago, andtheteseems to be a misunderstanding on the
respondent's -';What he thought was going on.
INVES~IqATOR BOTTS: I would agree.
VICE-CHAIRMAN KAUFMAN: This was not a six-month
extension as was given to him until he rents the facility out, it was a
six.-mOntn extension. He mentioned safety in that letter. Safety only
perfilitted us to give him the six months. But this has not started to
accrue any fines yet.
So have you been in touch with the respondent?
INVESTIGATOR BOTTS: I have not spoken with the
respondent. I do know Investigator Scavone was handling my cases
Page 5
June 23, 2011
while I was out. But she has not told me that she's spoken with him
either, so I believe that she has not either.
VICE-CHAIRMAN KAUFMAN: Okay, anybody have any
comments on this one?
MR. MARINO: Was this the repair garage?
VICE-CHAIRMAN KAUFMAN: No, this one was I thinl}>a,
piece of commercial property that was -- I'm going back to tb@oi'der
from six months ago -- where there had to be -- let me see.
MR. DEAN: Rehabbed.
VICE-CHAIRMAN KAUFMAN : Yeah, theY'Yererepairing,
and they didn't get any permits to do it.
INVESTIGATOR BOTTS: Correct.
VICE-CHAIRMAN KAUFMAN: And the Board granted six
months for the respondent to get the necessary permits and get it
C.O.'d.
In the letter -- for the record,>hesays in his letter that -- in this
particular case number, I'll just Summarize it, that since that time, I
guess nothing has been done b~caLlse he hasn't rented the property out.
So he thinks that the Board granted him time to rent the property out
before he changes it.
That was not the case> and that's not what the attached case
shows. So -- soT'mlooking for a motion to deny the extension of
time.
MR. LAVINSKI: Yeah, I'll make a motion to deny the
extension.
VICE~CHAIRMAN KAUFMAN: We have a motion.
MR. DOINO: I'll second.
VICE-CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
Page 6
June 23, 2011
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries.
The one comment I would -- this -- he has I think 3 3 dC:t~~to>get
it done before fines start accruing. Maybe if the county ~~t:ll~rcontact
him and let him know what the original order stated. AI)jgifhe wants
to come back and request additional time because he>,ttll:s&hderstood it
or whatever, we certainly will be willing to hear ~11afhe has to say.
INVESTIGATOR BOTTS: Okay. ThaAAY9b~ir.
VICE-CHAIRMAN KAUFMAN: ThaAAYou.
Next case, again, last four digits 9141, Gloria Perdigon is the
respondent. This was added for the b()ard'shenefit. It was sitting on
your place when you got here.
Also request for an extension of time.
(Speakers and the interpreferwere duly sworn.)
VICE-CHAIRMAN.KA.UFMAN: We're all sworn in, okay.
Since you're askingJortne extension, maybe you could tell us a
little bit of backgrOllnd. We have a copy of the letter that you sent in.
THE INTERPRETER: I'm on my own, and my son is who lives
with me. He ha$been -- he's had surgery from an accident that he
had, a car accigeht. They financially have not been able to pull-- they
went to the permit department. The permit department told them what
they fleeded~ . And they have not been financially able to get
everything done. And said she apologies but would really -- would
like to get an extension of -- and she'd like to get -- she'd like the
longest extension possible.
VICE-CHAIRMAN KAUFMAN: How much time does she
think that she would need?
THE INTERPRETER: She says four or five months.
Page 7
June 23, 2011
VICE-CHAIRMAN KAUFMAN: Okay. Comments from the
Board?
(No response.)
VICE-CHAIRMAN KAUFMAN: Does the county have any
problem with granting an extension?
INVESTIGATOR PEREZ: Good morning. For the record,
Christina Perez, Collier County Code Enforcement.
The respondent has been in contact with the investigator to
advise them the steps that they're attempting to take and~x.press the
financial hardship, so there's no objection on our part,
MR. LEFEBVRE: Make a motion for a 150..0aye:xtension from
today's date.
MR. DEAN: I'll second that motion.
VICE-CHAIRMAN KAUFMAN: We have a motion, we have a
second. Any comments?
(No response.)
VICE-CHAIRMAN KAUFMAN: All those in favor, say aye.
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINQ: Aye.
MR. LA VINSKI: Aye.
VICE-CMA-IRMAN KAUFMAN: Aye.
Opposed?
(No. comment.)
VICE~CHAIRMAN KAUFMAN: You've been granted 150
days, which is -- which should be sufficient time to get it going. If it
is not, if you find yourself down the road and you can't finish it in
time, come back before the time ends and request what you need.
THE INTERPRETER: Okay.
She says thank you.
VICE-CHAIRMAN KAUFMAN: You're welcome.
Page 8
June 23, 2011
That finishes, I believe, the motions for extension of time, which
moves us on to stipulations.
First stipulation that I see --
MS. DAVIDSON: There's a motion for continuance. Gulf Way
Condominium. Case CESD20100006498.
(Speakers were duly sworn.)
VICE-CHAIRMAN KAUFMAN: Since you're reques1ipg the
continuance.
MR. URBANCIC: Okay, thank you. Greg Urban~ic,attorney
for Gulf Way Condominium.
We requested the continuance, one, originaU~beC~use we just
didn't have enough time to prepare. But moretlllP8rtantly, since
working with the investigator, I think this case<can be resolved without
us having the need to go to a hearing.
My clients, just in a brief synopsis,>sortof stepped into a
violation back when they broughtJheproperty, at least an alleged
violation. And we think we can Gometo a correction that's amicable.
We've worked with the code enforcement staff to correct another
violation which technicaUyneeded to be corrected before this next
step could be done.
So our requestwouldbe to give us another 60 days, which might
alleviate the ne~dforthis board to spend its time on this matter.
VICE-CHAIRMAN KAUFMAN: Any -- I'm sorry, you have a
question?
MR. LEFEBVRE: Yes. Is anyone living in the garage
currently?
MR.URBANCIC: You know what, I do not believe so. I think
at Onetime there was a tenant, but I don't believe there's anybody in
that unit.
INVESTIGATOR MUSSE: For the record, Investigator
Jonathan Musse, Collier County Code Enforcement.
I've been in contact with the contractor, and I have no objections.
Page 9
June 23, 2011
MR. LEFEBVRE: Make a motion to continue for 60 days.
VICE-CHAIRMAN KAUFMAN: Motion--
MR. MARINO: I'll second it.
VICE-CHAIRMAN KAUFMAN: Second.
MR. DEAN: I had a question. You feel nobody's living ontq.at
property right now?
INVESTIGATOR MUSSE: The last inspection I mad~there
wasn't a tenant living there --
MR. DEAN: Was not?
INVESTIGATOR MUSSE: There was a tenant living there. She
was nice enough to let me inside the building. An~>thatwas -- that
was last -- I want to say in April. And she did>st~l~<that she was going
to move out. As of right now I can't completely verify if there's
someone living in the unit.
MR. DEAN: So my questionwQuld.>fu~,you say you don't know,
right?
MR. URBANCIC: I don't know the answer to that, quite
honestly. My client's in MoscQwatthe moment, so I've had quite
limited contact. But lik~J sa:id,I think this is one that we could easily
resolve. We just need to.pull>a permit and do some work out there,
which I believe wQpld be satisfactory to the inspector.
VICE-CHAIRMAN KAUFMAN: I think where Mr. Dean is
going is do we have a safety and health case here with somebody
living in som~place that is not properly permitted. So that's --
MR.. URBANCIC: Well, my response to that would be, you
know,we!re only asking for 60 days. This condition may have been
th~reforl0 or 15 years. So I think in the grand scheme I think it's a--
we're working on the correction. We'll try to get it done as quickly as
possible. But I think it's -- you know, we're only talking about a brief
period of time.
INVESTIGATOR MUSSE: When I went inside the unit it did
not appear to be unsafe. It was well done, actually.
Page 10
June 23, 2011
VICE-CHAIRMAN KAUFMAN: Any additional comments
from the Board?
MR. MARINO: Well, do we need a further inspection of it to
make sure?
INVESTIGATOR MUSSE: The contractor is going to get a
demolition permit and restore it back to its original settings, so a>demo
permit will be issued.
VICE-CHAIRMAN KAUFMAN: Okay, well, no other
comments. We have a motion and a second. All those ihfavor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
MR. DEAN: Aye.
VICE-CHAIRMAN KAUFMAN: So it's --
MR. URBANCIC: Tha~YOll, board.
VICE-CHAIRMANKAUPMAN: Okay, thank you.
Colleen, are you going to let me move on to the stipulations
now?
The first case isyrbano Hernandez. Case ending in 1255.
MS. DA VlDSON: Noham Kilinsky. Case
CEOCC20110004176.
VICE-CHAIRMAN KAUFMAN: See that? On my agenda, that
was ca.se<number two under hearings was the one I just mentioned, the
Hernandez case.
MS. DAVIDSON: We do the stipulations in the order that they
come In.
VICE-CHAIRMAN KAUFMAN: Oh, okay.
MS. DAVIDSON: If you'd like, I could read the following in
order.
Page 11
June 23, 2011
VICE-CHAIRMAN KAUFMAN: That's fine. That's just a
change of page. So that's ending in 4176.
MS. DAVIDSON: Yes, sir.
VICE-CHAIRMAN KAUFMAN: Okay.
(Speaker was duly sworn.)
VICE-CHAIRMAN KAUFMAN: Investigator?
INVESTIGATOR MUCHA: Good morning. For the r~cord., Joe
Mucha, Collier County Code Enforcement.
This is in reference to Case No. CEOCC20110004l76rNoham
Kilinsky. I met with Mr. Kilinsky yesterday in the co(feehforcement
office, and he agreed that he was in violation of Gpllier>;{:ounty Land
Development Code 04-41, as amended, Section~~g2.03( e) and Section
5.02.03G).
Therefore, it is agreed between the l(~rties that the respondent
shall pay operational costs in the aploy:nt>of$80.20 incurred in the
prosecution of this case within 30days>of this hearing, abate all
violations by: Storing commercialvehicles/equipment in rear yard
and concealing from view or store commercial vehicles/equipment
within a completely enclosedstructure, or remove offending vehicles
and equipment from resigentially zoned property and cease all
business operation~ until such time that a business tax receipt can be
obtained for this location within 45 days of this hearing, or a fine of
$250 for eachd'lY the violation continues.
Respond~l1tmust notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
That if the respondent fails to abate the violation, the county may
abate. the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of this agreement, and all
costs of abatement shall be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: Any comments from the
Board?
Page 12
June 23, 2011
(No response.)
VICE-CHAIRMAN KAUFMAN: Any motions from the Board?
MR. LEFEBVRE: Make a motion to approve.
VICE-CHAIRMAN KAUFMAN: We have a motion to approve.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.) . .>
VICE-CHAIRMAN KAUFMAN: Carries. Thank you.
INVESTIGATOR MUCHA: <Thank you.
MS. DAVIDSON: Numbertw-o will be Continental Furnishings,
Case CESD201 000 17997.
(Speakers were dtilysworn.)
INVESTIGArOR BIDTTS: For the record, Investigator Azure
Botts with Collier Cellnty Code Enforcement.
This is in reference to Case No. CESD20100017997. The
stipulation a.~~e1l1ent is Mr. Lang agrees to pay operational costs in
the amount of $82 incurred in the prosecution of this case within 30
days of the hearing.
Abate all violations by: The respondent must obtain all required
building permits, inspections and certificate of completion or obtain a
demolition permit, inspections, certificate of completion within 120
days of this hearing or a $200 per day fine will be imposed for each
day the violation remains.
Respondent must notify code enforcement within 24 hours of
Page 13
June 23, 2011
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
If the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of this agreement, and all
costs of abatement shall be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: Thank you.
Mr. Lang, are you the registered agent for Continental?
MR. LANG: I am, yes.
VICE-CHAIRMAN KAUFMAN: Do we need any additional
certificates or affidavits to that effect, that you cap. speak for the
respondent? .
MR. LANG: Yes, I'm the president, actually, of the corporation.
VICE-CHAIRMAN KAUFMAN: rkay.. Do you have anything
to say on this?
MR. LANG: We will just dQwhatwe1ve got to do.
VICE-CHAIRMAN KAUFMAN: Okay. Any comments from
the Board?
(No response.)
VICE-CHAIRMAN KAUFMAN: Any motions from the Board?
MR. LA VINSKI: Motion to accept the stipulation.
VICE-CHAIRMAN KAUFMAN: We have a motion.
MR. DOIN.O: Second.
VICE-CHAIRMAN KAUFMAN: And a second.
AILthose ill favor?
MR.L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
Page 14
June 23, 2011
(No response.)
VICE-CHAIRMAN KAUFMAN: Thank you.
MS. DAVIDSON: We have an addition to the agenda. Under
stipulations, it would be number six, Steven T. Hovland and Melanie
Ann Hovland, Case CESD20100019758.
VICE-CHAIRMAN KAUFMAN: We need a motion --
MR. LEFEBVRE: Make a motion to amend the agendi.
VICE-CHAIRMAN KAUFMAN: We have a motion.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: We have a second.
All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Agenda has been modified.
MS. DAVIDSON: Number three under stipulations, case
CESD20100007958,Andrei V Osinsky.
(Speaker was duly sworn.)
INVESTI(TATOR BOTTS: For the record, Investigator Azure
Botts, Collier County Code Enforcement.
I spoke with the property owner, Mr. Osinsky, by phone. He is
Ol.lt of the state at this time so he did enter into a stipulation with the
county .
He agrees to pay the operational cost of $81.15 incurred in the
prosecution of this case within 30 days of this hearing.
Abate all violations by: The respondent must obtain all required
building permits, inspections or certificate of completion, or obtain a
Page 15
June 23, 2011
demolition permit, their inspections, certificate of completion within
120 days of this hearing, or a $200 per day fine will be imposed for
each day the violation remains.
Respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
If the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the CollierC()unty
Sheriffs Office to enforce the provisions of this agreem~nt,<and all
cost of abatement shall be assessed to the property o~n~r.
VICE-CHAIRMAN KAUFMAN: Any conurients.from the
Board?
(No response.)
VICE-CHAIRMAN KAUFMAN: This is almost a year old, this
particular case.
INVESTIGA TOR BOTTS: Correct.
VICE-CHAIRMAN KAUFMAN: Any motions from the Board?
(No response.)
VICE-CHAIRMANKAUPMAN: Do you want me to make a
motion? I make a mod~IJ.thatwe accept the stipulation as written.
MR. DOINO.:I'll second it.
VICE-CHAIRMAN KAUFMAN: Motion, second.
All thoseinfavor?
MR. L'liSPERANCE: Aye.
MI\t DOINO: Aye.
MR.. DEAN: Aye.
MR..MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries.
Page 16
June 23, 2011
MS. DAVIDSON: Number four, Urbano Manuel Hernandez,
Case CESD20 11 000 125 5.
(Speakers and the interpreter were duly sworn.)
INVESTIGATOR RODRIGUEZ: For the record, Maria
Rodriguez, Collier County Code Enforcement.
Comes now the undersigned, Urbano Manuel Hernandez, Qn
behalf of himself, enters into the stipulation and agreement with
Collier County as to the resolution of the Notice of Violation in Case
No. CESD20110001255.
It is agreed between the parties that the respond~ntshall pay
operational costs in the amount of $80.28 incurredihth~ prosecution
of this case within 30 days of this hearing.
Abate all violations by: Must apply for a~d obtain a Collier
County building permit or a demolition pe~it and request required
inspections to be performed and passed tI1Fough a certificate of
completion/occupancy within 120>daysofthis hearing, or a fine of
250 per day will be imposed untUtheviolation has been abated.
Respondent must notify c()deenforcement within 24 hours of
abatement of the violation. arid request the investigator perform a site
inspection to confirm cOl1lpliance.
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 abatetp.ent shall be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: I have one question. Did you
find thatthis property was occupied?
INVESTIGATOR RODRIGUEZ: When the case originally
start~d it was but they've all gone up north. So it is vacant. There's no
one living in it.
VICE-CHAIRMAN KAUFMAN: Okay.
Your turn. You can say that you agree with that, is 120 days
sufficient, those are the type of questions that are generally brought
Page 1 7
June 23, 2011
up.
THE INTERPRETER: Yeah, he's okay with the extension, 120
days. He would like to ask an additional two months to the 120 days.
VICE-CHAIRMAN KAUFMAN: Now, when you have a
stipulation that's been agreed to, you can't modify the time at this
point. So you would have to go back in the hallway and negotiate.
whatever you need to negotiate. .i
MS. FLAGG: Mr. Chair, if it so please the Board, ypncOl.lld
modify if you're agreeable to his request. And then once you agree to
it, they can go back out and re-sign the document. .
VICE-CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: What I don't want tosee.is<this unit occupied
again until everything is correct. So I would not agree to change the
stipulation without that being added in also, that it must remain
vacant.
MR. DEAN: I agree. I agree.
THE INTERPRETER: Mr. Hernandez has been working on --
he obtained one of the permits. <Aha he's going on to the next permit.
There's several violations.. He150ught the property as-is, and is just
moving forward with o15tflining the correct permits.
VICE-CHAIRMAN KAUFMAN: Will he agree that the
property would not be occupied until such time that it gets a C.O.?
THE INTE.RPRETER: He agrees.
VICE-GlfAIRMAN KAUFMAN: Okay. We add that to this
motion?
INVESTIGATOR RODRIGUEZ: (Nods.)
VICE-CHAIRMAN KAUFMAN: To the stipulation, I mean.
Okay.
MR. LEFEBVRE: I make a motion to agree to accept the
stipulated agreement with a couple of changes.
MR. DOINO: I'll second it.
MR. LEFEBVRE: Well, let me just add in the changes first.
Page 18
June 23, 2011
MR. DOINO: Go ahead.
MR. LEFEBVRE: The changes would be, instead of 120 days it
would be 180 days. And also the respondent agrees that the unit or
mobile home will not be rented out or leased. No one will live there,
it will remain vacant for that period of time until a C.O. is received.
THE INTERPRETER: He's asking about is it possible to waive
the operational costs?
VICE-CHAIRMAN KAUFMAN: No, operational costs cannot
be waived.
MR. LEFEBVRE: As a board we have no -- wedort't have the
ability to waive operational costs. We do have th~>abinty to waive
fines if it takes longer than six months, but wedQ>hol>have the ability
to waive the operational costs.
VICE-CHAIRMAN KAUFMAN: We have a motion.
MR. DEAN: I'll second it.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: Any other comments from the
Board?
(No response.)
VICE-CHAIRMANKA.UFMAN: All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO:Aye.
MR. DEAN: Aye.
MR. MAJ3-INO: Aye.
MR.. LAVINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries.
You have six months. It can't be occupied until you have a C.O.
Good luck in doing that rehab. Thank you.
MR. LEFEBVRE: If you can, make sure that language, all the
Page 19
June 23, 2011
changes are made. Thank you.
MS. DAVIDSON: Number five, Kimberly M. Fry. Case
CESD20 11 0003169.
(Speakers were duly sworn.)
INVESTIGATOR MUSSE: For the record, Investigator
Jonathan Musse, Collier County Code Enforcement.
It is agreed between the parties that the respondent shaltpaythe
operational costs in the amount of $80.57 incurred in the }:Jf<:l.~ecution
of this case within 30 days of this hearing and abate alL~iolations by
obtaining a Collier County building permit or demolition<permit and
obtaining any inspections and certificate of comp!etiofi:within 90 days
of this hearing or a fine of $200 per day will r,eUnPQsed until the
violation's abated.
Respondent must notify code enforcement within 24 hours of
abatement of the violation and reqllestt~einvestigator to perform a
site inspection to confirm compliance..
That if the respondent fails to<abate the violation, the county may
abate the violation and may usetheassistance of the Collier County
Sheriffs Office to enforc~ the pf<:lvisions of this agreement, and all
costs of abatement shal1be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: As in the last case, is this
addition occupied?
INVESTIGATOR MUSSE: It's vacant.
VICE..CBATRMAN KAUFMAN: It's vacant, okay.
MS~ FRY: ... I would like to ask for a further extension of -- I don't
believe that 90 days is going to be sufficient for me to get everything
that I'm. going to need to get this corrected.
The property was sold to me by a -- well, to my mother, and then
to me by a real estate broker. This addition was done prior to that
purchase and was not disclosed to us. So I think I have to go civilly,
possibly, to try to get some kind of remedy from them. I don't know
that I can do that in 90 days, so I'm asking for six months, if that
Page 20
June 23, 2011
would be possible, to try to get this corrected.
And as far as the other violations, I don't know if they were
brought up yet, but they're in process. I have a building contractor
working on getting them corrected, the garage, and my issue is with
the downstairs unit at the house.
VICE-CHAIRMAN KAUFMAN: Any comments from the
Board?
(No response.)
VICE-CHAIRMAN KAUFMAN: My comment is on the -- I
know the real estate community has been notified toteeommend to
people that they have the property inspected to se~i:6:th~re are any
outstanding building permits or i:6: there was nl;}t~J?etJnit pulled on any
additions. So hopefully you will be successful:in whatever you get
done there.
As far as the unit itself, that's,. I thinl('>a.separate item.
Any suggestions or commen~ :6:f.~im the Board?
MR. LEFEBVRE: I have a (;(j'uple questions. I guess the first
question is, are you looking todem6 this particular -- this utility room
and living space, or are YQuJooking to actually get a certificate of
occupancy for it?
MS. FRY: I would prefer to get a certificate of occupancy. I
don't know if that's possible. And I'm going to work further with my
building contra.~tor, engineers and Collier County to try to obtain that.
If not, I wilLh~veto do whatever is required. But in order to do that
and getthe funding to do that, if it requires demolition I need to go
civillybackto somebody for a remedy.
MR. LEFEBVRE: Right. Well, I know as a board, typically we
don't -- unless we know something's going to have a definite date of
resolution through the court system, we have had cases where they
come in front of us where the court case, a resolution was pending in a
relatively short period. But it sounds like this could get dragged out.
And I'm not willing to leave it open-ended and give you "X"
Page 21
June 23, 2011
amount, you know, a year, two years, whatever the case may be, so--
MS . FRY: I'm not asking for that. I'm asking for six months to
find out what I need to do to bring this up to whatever correction
needs to be made, and not having the civil aspect have any bearing on
what I do here with the county with the corrections. That will be my
separate issue. But that would not be --
VICE-CHAIRMAN KAUFMAN: So you would try to get
everything done --
MS. FRY: Done--
VICE-CHAIRMAN KAUFMAN: In six months.
MS. FRY: In six months.
VICE-CHAIRMAN KAUFMAN: Okay-.
My question to the county is, is there any-reason why the stip
comes back at 90 days and then when it ~omesinside the chambers
people are asking for more time?
INVESTIGATOR MUSSE:.Sh~just recently had a change of
heart and just possibly thinking thatsl1.e -- it would be best for her to
get an additional time to -- shejusf'came up to me within the, like,
during the last case.
VICE-CHAIRMAN KAUFMAN: Is this a stilt house where they
enclosed the bottoJ1l part?
INVESTIGATORMUSSE: Yes, sir.
VICE-CHAIRMAN KAUFMAN: That's what it is? Do you
have any comwents regarding --
INVESTIGATOR MUSSE: We have no objections. The house
is vacantat.the time -- at this moment, I should say. And I'm also in
tolichwith the contractor, he called me a couple of days ago as well.
VICE-CHAIRMAN KAUFMAN: Nobody's going to move into
your laundry room, I assume.
MS. FRY: Nobody's going to live in the laundry room, no, sir.
I would just like to ask, when did they change the laws for
requiring the inspections for --
Page 22
June 23, 2011
VICE-CHAIRMAN KAUFMAN: It's not a law. It's because we
have come across so many cases, Ms. Flagg, who is the head of code
enforcement has worked out an arrangement with the Naples Board of
Realty to help people who are purchasing to make them aware that
you're responsible for the property once you buy it. And if there'Sfl
code violation, it stays with the property. It's not that it belonge,dto
somebody else, they sold it to you and they're still responsible,.
So there are -- there is paperwork now that has been provided
from code enforcement to the realtors of Naples, and not everybody
who sells real estate is a member of the Naples Board Of Realty , to
discuss that with potential buyers, that it's their re~porisibility. When
you buy a property, just like you have it checkegfortermites, you
may want to check to make sure that any additions that were done to
the property have the proper building permjts in place.
MS. FRY: But that just was recently dOne with the Board of
Realtors?
VICE-CHAIRMAN KAUFMAN: I would say that's about a
year and a half ago. About 18 months ago.
MR. LEFEBVRE:.lsee that you purchased the property -- is this
Mary Davey, is that yourlnother?
MS. FRY: T)aat's my mother, yes.
MR. LEFEBVRE: I see that was in '06, so she --
MS. FRY:> She bought it in '03 and I bought it in '06 from her.
MR. LEFpBVRE: So this is a relatively new voluntary program
that the Board of Realtors is doing. Unfortunately it wasn't a policy or
instituted back in 2003 when your mother purchased the property.
MS .FR Y: Correct.
Lalso wanted to just have it known for the record that the
insurance policy that was purchased for the home was based on the
previous owners' policy, is what they used for information. And it
shows the house being constructed in 1979. It shows it as two families
and it shows it as a duplex.
Page 23
June 23, 2011
Now, I understand this is just an insurance policy, but I don't
understand where that information was obtained from.
VICE-CHAIRMAN KAUFMAN: They generally take that from
your -- the declaration page when you're doing the insurance. They
pull that information off. So that mistake could have been madeaIJ.y
time from 1979 going forward.
MS. FRY: Correct. I'd just like it also to be known for4pe
record that I personally did not do these improvements. Ana
obviously they have been there for many, many years, ftOln'>tny best
guesstimates. The hood range downstairs is by GE;tpe::serial number
was manufactured in 1981. And the toilet downst~nr$has a stamp
inside of it of 1992. So it was done many, almGst2Q>years ago, if not
30.
VICE-CHAIRMAN KAUFMAN: We have heard many cases,
and you are not alone, where you boughta,pt"operty or your mother
bought a property, unbeknownst t9 YQu>tnere were things that
happened in the past that you shollld:.have known about, but for
whatever reason you were nottcHa.
MS. FRY: Right.
VICE-CHAIRMAN KAUFMAN: Any motions from the Board?
MR. LEFEBVRE: Ihave another question. What's the current
zoning on this property?
INVESTIGATOR MUSSE: Estates.
MR. LBEJ2BVRE: SO it would be one family.
INVESTIGATOR MUSSE: One family.
VICE~CHAIRMAN KAUFMAN: Any motions from the Board?
(No response.)
VICE-CHAIRMAN KAUFMAN: Okay, I'll make -- go ahead,
Larry .
MR. DEAN: Are you thinking about the time frame?
MR. LEFEBVRE: Yes, I'm thinking about the time frame. I
think six months might be a little long. I would be willing to go
Page 24
June 23, 2011
another 30 to 45 days. What is the thought of the board? Would 120
days be sufficient?
MR. DOINO: I think so.
VICE-CHAIRMAN KAUFMAN: I have no problem with six
months if the county has no problem with six months.
INVESTIGATOR MUSSE: We have no objection.
MR. LEFEBVRE: All right. I'll amend my motion -- Q.rI'U
make a motion that we extend from 90 days to 180 days.
MR. DOINO: I'll second it.
MR. LEFEBVRE: As long as the property rem(ilTnsvacant.
MS . FRY: The entire property? The house~swell?
MR. LEFEBVRE: Well, let me ask YOU.~<w4flti~ your intended
purpose for this downstairs? Is it going to be --
MS. FRY: Whatever needs to be done.
MR. LEFEBVRE: Right. But 'YhatT'.fllsaying, after --let's say
you get it C.O.'d, it's not zoned for two families.
MS . FRY: I understand that
MR. LEFEBVRE: So YQuwOuld only have to have one family
in there.
MS. FRY: I undet~tandthat. I have no intention of renting it to
two separate peopl~ as a duplex.
MR. LEFEBVRE: Right. The only thing is it's going to be hard
-- it's going tohyhard to kind of separate if someone's living there or
not. If someol'le's<living upstairs and not using the downstairs. So I
don't knqw how we can get around not using the downstairs. I mean--
MS. FRY: Well, it could be inspected, you know, from time to
time if they so choose --
MR. LEFEBVRE: Either that or turning the power off to the
downstairs. Disconnecting power to downstairs, I don't know if that's
possible --
MS. FRY: I don't think it's possible --
MR. LEFEBVRE: -- without -- okay.
Page 25
June 23, 2011
VICE-CHAIRMAN KAUFMAN: What's actually downstairs?
You have a toilet --
MS. FRY: There's a toilet and a kitchen and a bedroom.
INVESTIGATOR MUSSE: I mean, they can gain access to the
upstairs from the outside. As far as the power goes, I --
MR. LEFEBVRE: You turn off power, you're going to have
mold and everything, so that's not going to work. 180 days...
VICE-CHAIRMAN KAUFMAN: Okay, we have amQtidn and
we have a second.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: Any collijfientson the
motion?
(No response.)
VICE-CHAIRMAN KAUFMAN: All those in favor, signify by
saYIng aye.
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Ay~.
MR. LA VINSKI:Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Okay, you have six months.
If you find that six months is not sufficient time, make sure you come
back tothe>Board before your time runs out, otherwise the fines will
accumulate, and that's a whole nother problem that you don't want to
have..
MS . FRY: Right.
VICE-CHAIRMAN KAUFMAN: Thank you.
MS. FRY: Thank you.
MS. DAVIDSON: Mr. Chair, we have an addition to the agenda.
Page 26
June 23, 2011
VICE-CHAIRMAN KAUFMAN: Yes.
MS. DAVIDSON: Number eight under stipulations would be
Robyn M. Cantara, Case CESD20 11 0003492.
VICE-CHAIRMAN KAUFMAN: Was that on the original
agenda, or is it a completed --
MS. DAVIDSON: Yes, sir, it is.
MR. LEFEBVRE: Mr. Chair, do we have two Fry cases?
VICE-CHAIRMAN KAUFMAN: Yes.
MR. LEFEBVRE: We only took care of one.
MS. RAWSON: Right.
MR. LEFEBVRE: Is the other one stipulateqalso?
MS. DAVIDSON: Yes, sir. I just wantedtQm~ke the addition
to the agenda, that's all.
MR. LEFEBVRE: Well, the respond~nt left, so we need to bring
her back, don't we?
MS. FLAGG: She went out>tos~gn on the change to that
stipulation. She'll be back.
VICE-CHAIRMAN KALJFMAN: Very good.
MS. DA VIDSON:.ljust wanted to make the addition to the
agenda so that we can movetne Robyn M. Cantara to stipulations
number eight under stipulations.
VICE-CHAIRMAN KAUFMAN: Okay, motion to amend the
agenda. Somebpdy make that, please.
MR. MARINO: I'll make a motion that we make it.
VICE-CHAIRMAN KAUFMAN: And do we have a second?
MR.LAVINSKI: Second.
VICE-CHAIRMAN KAUFMAN: Motion and second.
All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
Page 27
June 23, 2011
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Passes.
I don't have that in my --
MS. DAVIDSON: It is number 12 under new hearing~~
VICE-CHAIRMAN KAUFMAN: Okay, I got it no",. Okay. It's
hidden in the books.
MS. DAVIDSON: And the sixth case under stipUlation is
Kimberly M. Fry, Case CESD20 11 00031 73.
(Speaker was duly sworn.)
INVESTIGATOR MUSSE: For the record, Investigator
Jonathan Musse, Collier County Code Eq.f~rcement.
It is agreed between the parti~s thatJht.respondent shall pay
operational costs in the amount of$8Q.20 incurred in the prosecution
of this case within 30 days of this hearing, and abate all violations by
obtaining a Collier County building permit or demolition permit, and
obtain all inspections, certificate of completion within 60 days of this
hearing or a fine of $200 per day will be imposed until violation is
abated.
Respondenttnust notify code enforcement within 24 hours of
abatement of the violation and request the investigator to perform a
site inspectionJoeonfirm compliance.
That if the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County's
Sheriffs Office to enforce the provisions of this agreement, and all
costs.of abatement shall be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: Okay.
Ms. Fry, any comments on this one? It's very similar to the other
one.
MS. FRY: Yes, sir. I have a contract with a licensed building
Page 28
June 23, 2011
contractor who is in the process of -- I know he told me last week that
he applied for the permits already, that he thought he would be out of
there by the date of this hearing. He is not out of there as of this date.
So I don't feel like there's any need for -- you know, I mean, the
stipulation of whatever we stipulated to is adequate because he should
be done within a reasonable amount of time.
MR. LEFEBVRE: Do you know the status of the permjts?
INVESTIGATOR MUSSE: It's in apply status.
MR. LEFEBVRE: So it's not been approved yet.l-Iasthere been
any denials?
INVESTIGATOR MUSSE: No denials. I thihkhe owes fee--
the permit fee.
MR. LEFEBVRE: So once he pays the permit fee then he could
pick up --
INVESTIGATOR MUSSE: It ",ilLbefssued.
VICE-CHAIRMAN KAUFM~:>How many days does the stip
INVESTIGATOR MUSSE:>..Sixty.
VICE-CHAIRMAN"I(AUFMAN: Sixty. Do you think two
months is enough timetQgetfhis thing all resolved?
MS. FRY: Yes, I dO.
MR. LEFEBVRE: Make a motion to approve the stipulated
agreement.
VICE...CHAfRMAN KAUFMAN: We have a motion. We have
a second?
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: Second.
All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
Page 29
June 23, 2011
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Okay.
INVESTIGATOR MUSSE: Thank you.
MS. DAVIDSON: Number seven under stipulations, St~venT.
Hovland and Melanie Ann Hovland, Case CESD200100019758.
(Speakers were duly sworn.)
INVESTIGATOR ASARO: For the record, Tori.5rA.saro with
Collier County Code Enforcement Department. . ...
Mr. Hovland has agreed to enter into a stipMla.tion with the
county. Agrees to pay operational costs in theflmount of $81.15
incurred in this prosecution of this case within 30 days of this hearing,
abate all violations by: Applying (or?nQ,Ob!aining Collier County
building permits or demolition peflllit,request all related inspections
through the issuance of a certificate of completion or occupancy
within 120 days of this hearing or a >fine of $150 per day will be
imposed until the violatiop is abated.
Respondent mustnotifylhe Code Enforcement Board within 24
hours of abatementof the violation and request the investigator to
perform a site inspection to confirm compliance. That if the
respondent fails>.to abate the violation, the county may abate the
violation and llla)l use the assistance of the Collier County Sheriffs
Office to enforce the provisions of this agreement, and all costs of
abatelllentshall be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: Any questions of the county?
(No response.)
VICE-CHAIRMAN KAUFMAN: Sir. Do you agree to that
stipulation?
MR. HOVLAND: Yes, sir.
VICE-CHAIRMAN KAUFMAN: And the time frame is enough
Page 30
June 23, 2011
for you to have done what you need to have done?
MR. HOVLAND: Yes, sir, I'll make sure it's done by that time.
VICE-CHAIRMAN KAUFMAN: So this is a typical garage
conversion?
MR. HOVLAND: Yeah. I'm not so sure that -- exactly whatwill
have to be done in the eyes of the -- you know, the -- whatever by
code is required, I'll have done in that time frame. The permi~s are
applied for, so we don't know exactly what the feedback is.>J31.1t
whatever that is, we'll take care of it.
VICE-CHAIRMAN KAUFMAN: Okay. AnY'lllestions?
(No response.)
VI CE-CHAIRMAN KAUFMAN: Motion?
MR. DOINO: I'll make a motion.
VICE-CHAIRMAN KAUFMAN: Do you want to make a
motion to accept the stipulation --
MR. DOINO: To accept the. stipulations --
VICE-CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Second.
VICE-CHAIRMAN.KAUFMAN: And a second.
All those in favor?
MR. L'ESPElMNCE: Aye.
MR. DOINO:Aye.
MR. DEAN: Aye.
MR. MAJUNO: Aye.
MR. LAVINSKI: Aye.
VICE~CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Okay.
MR. HOVLAND: Have a good day.
VICE-CHAIRMAN KAUFMAN: If you are not done, as I say
to everybody, or when I'm not here, Mr. Kelly does, if you're stuck for
Page 31
June 23, 2011
the time, come back before the time runs out. It makes things a lot
easier to handle.
MR. HOVLAND: Yes, sir. Thank you. Have a nice day.
MS. DAVIDSON: Number eight under stipulations, Robyn M.
Cantara, case CESD20110003492.
(Speakers were duly sworn.)
INVESTIGATOR ASARO: Again for the record, Tony Asaro,
Collier County Code Enforcement Department.
Robyn Cantara agrees to enter into a stipulation agreement with
the county. Agrees to pay operational costs in the all'l.()unf of $81.15
incurred in the prosecution of this case within 30~a.ysofthe hearing,
abate all violations by a applying for and obta.iniIlgGollier County
building permits or Collier County demolition permit, request all
related inspections through the issuance ora certificate of occupancy
or completion for improvements within 60 P<;tys of this hearing or a
fine of $150 a day will be imposed fQreachday the violation remains,
and to install a temporary barrier around the pool/spa within seven
days of this hearing or a fine of$150 a day will be imposed for each
day the violation remains.
Respondent must notify the Code Enforcement Department
within 24 hours ofabatement of the violation and request the
investigator to perform a site inspection to confirm compliance. That
if the respondent fails to abate the violation, the county may abate the
violation and.Jllayuse the assistance of the Collier County Sheriffs
Office to enforce the provisions of this agreement, and all costs of
abatem@nt shall be assessed to the property owner.
VICE-CHAIRMAN KAUFMAN: Any questions of the county?
MR. LEFEBVRE: I have questions for --
VICE-CHAIRMAN KAUFMAN: Ms. Cantara.
MR. LEFEBVRE: Were the -- there was a permit applied for, I
take it, and granted.
MS. CANTARA: Yes.
Page 32
June 23, 2011
MR. LEFEBVRE: And it has expired.
MS. CANTARA: I'm not too clear on that.
MR. LEFEBVRE: When was the permit applied for?
MS. CANTARA: I believe it was in May of last year.
MR. LEFEBVRE: '10, okay.
MS. CANTARA: Yes.
MR. LEFEBVRE: Has the permit expired?
INVESTIGATOR ASARO: No, they are now activ~.<Il'sbeen
reinstated.
MR. LEFEBVRE: Okay, so been reapplied for.
INVESTIGATOR ASARO: Right. And th~:;c()ntractor is now in
the process of completing the job.
MR. LEFEBVRE: So it needs a few more inspections and then
she can get the certificate --
INVESTIGATOR ASARO: Thensll.~'nhave a C.O. for
everything.
MR. LEFEBVRE: Certificate of completion. Sixty days, is that
going to be sufficient?
MS. CANTARA: Yes.
MR. LEFEBVRE:<:Allright. Make a motion to approve the
stipulated agreem~l1t andfhe wording, it says and install temporary
barrier, has thatbeen:~greed to?
INVESTIGATOR ASARO: Yes, there was a temporary barrier
around the poql, but the last storm blew it over. So now, today we'll
contactthe contractor and they'll put one up immediately.
MR. LEFEBVRE: Just so she knows, since it's added in, maybe
if you can just have her initial next to it so she's aware of it.
INVESTIGATOR ASARO: Would you like me to do that now?
MR. LEFEBVRE: If you don't mind, that would be fine. And
that way there's no question that she's seen it, since it's written in.
But I make a motion to approve the stipulated agreement as
stated.
Page 33
June 23, 2011
MR. DEAN: I'll second it.
VICE-CHAIRMAN KAUFMAN: We have motion, we have a
second. All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries.
MS. CANTARA: Thank you.
MR. LEFEBVRE: Have a good day.
MS. DAVIDSON: We are n()wpnqerg, Hearings. Number five,
case CESD20100013659, Jesus E11fiquePrado.
(Speakers were duly sworn.)
MS. DAVIDSON: Casepl1m15er CESD20100013659, Jesus
Enrique Prado. Violationofbrdinance Collier County Land
Development Code 04241 as amended, Section 10.02.06(B)(1)(a).
Description of violation: Enclosed lanai with no permits.
Location address where violation exists: 4972 22nd Place
Southwest, Naples, Florida, 34116.
Folio number 36111680008.
Naij1e and address of owner/person in charge of violation
location: Jesus Enrique Prado, 4575 Dorando Drive, Naples, Florida,
34103.
Date violation first observed: August 5th, 2010.
Date owner/person in charge given Notice of Violation: April
5th, 2011.
Date on by which violation to be corrected: April 28th, 2011.
Date of reinspection: May 11 th, 2011.
Page 34
June 23, 2011
Results of reinspection: Violation remains.
Property was posted at property and courthouse on June 8th,
2011 and certified mail was sent on June 9th, 2011.
N ow I'd like to turn it over to Investigator Renald Paul.
INVESTIGATOR PAUL: Good morning. For the record,
Renald Paul, Collier County Code Enforcement. This is in reference
to case number CESD20100013659, dealing with violations.gfCollier
County Land Development Code 04-41 as amended, Sections
1 0.02.06(B)(1 )(a).
Location is 4972 22nd Place Southwest, Naples, Florida. Service
was given on 4/5/2011.
I'd like to present case evidence in the following exhibits. It's
going to be Exhibit B-1, which is the property card, and C-1 through
three, which are photographs. .
VICE-CHAIRMAN KAUFMAN:<N[otion from the floor to
accept the exhibits?
MR. LA VINSKI: Motion to. accept the exhibits.
MR. DEAN: Second.
VICE-CHAIRMAN..KAUFMAN: And a second. All those in
favor?
MR. L'ESPERANCE: Aye.
MR. DOINO:Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR... LAVlNSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
VICE-CHAIRMAN KAUFMAN: Carries.
INVESTIGATOR PAUL: As you'll see in the first exhibit,
which is the property card, what we're looking at is at the top where it
shows the screen porch, it actually says screen -- it is actually an
initial that says SP, so it's supposed to be a screened in porch. But it
Page 35
June 23, 2011
has been enclosed, as you'll see in the next three photographs.
This is the front of the home.
Go ahead.
And this is supposed to be the screen porch.
And this is just another view of it.
VICE-CHAIRMAN KAUFMAN: Must have filled in the little
spaces --
INVESTIGATOR PAUL: Just a tiny bit --
VICE-CHAIRMAN KAUFMAN: -- in between the screen with
the yellow stuff there.
INVESTIGATOR PAUL: This case began~n815.of2010. After
receiving the complaint, I was on-site. I did obs~ITethat the back had
been enclosed.
After research, I found that the bam:had filed a final judgment on
the residence and this property wa~n'tbein~9ccupied by anyone.
I did forward this case overtQ olltforeclosure team, and they did
get in contact with the bank, but because the bank doesn't have title,
they were unable to pull any permits or do really much with the
property .
As of today theystiUhave not foreclosed on this property yet, so
the bank does not have title to this property.
Affidavit the foreclosure team did what they could with the bank,
I received thec~.se back. On 4/5, I posted the Notice of Violation at
the residence>al1dthe courthouse and it was sent certified and regular
mail.
Idid>llumerous rechecks, no change. Bank still had not
foreclosed at the time.
I posted the Notice of Hearing on 6/8 of 20 11 at the residence
and at the courthouse, and we are here today.
VICE-CHAIRMAN KAUFMAN: Mr. Prado, I assume you have
not been able to reach him?
INVESTIGATOR PAUL: I have been unable to contact him. I
Page 36
June 23, 2011
went to the other residence where he resides. No response. Wasn't
able to get a hold of him.
VICE-CHAIRMAN KAUFMAN: Any questions from the
Board?
MR. LEFEBVRE: I guess I have a question to our attorney.
Being that it is in that period of kind of limbo from when the bank
takes title, the bank really can't do anything. Do they need t~be.
noticed on these cases?
MS. RAWSON: I'm sure they're aware of them. We don't
usually send them a copy of this. We could. I'm sur~>that Ms. Flagg
notifies them.
INVESTIGATOR ASARO: They havebe~n>notified.
MS. FLAGG: They are notified.
MR. LEFEBVRE: Yeah, I know th~<taskforce notified them, but
what I'm trying to get at is, I guess, w~<nQti~~the registered owner,
they will get -- a lien will be filed>onJne property or a notice of this
hearing, and the bank will have to correct it if and when they take title
to the property.
MS. FLAGG: And/prbefore they can sell it. Once the lien is on
the property, the bank will then have to correct it before they can sell
it.
VICE-CHAIRMAN KAUFMAN: This is sort ofa tool to
motivate the baijkto do something.
MR. LEFEBVRE: I make a motion that there is in fact a
violation.
VICE~CHAIRMAN KAUFMAN: I have a motion.
MR. DEAN : I'll second that motion.
VICE-CHAIRMAN KAUFMAN: Second, Mr. Dean. All those
in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
Page 37
June 23, 2011
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
MR. DEAN: I just had a question. The attorney. Is it possible
the bank does not want to foreclose, so they don't take title sQthey
don't have to fix the property?
MS. RAWSON: Well, I'm sure that's a possibility~
MR. DEAN: I mean, that's what I see.
MS. RAWSON: Well, you know, they own~J0tQfproperty
these days.
MR. DEAN: But they write it off.
MS. RAWSON: And they didn't really mean to be the major
landholders. But I suppose that's possjbl~.aut I think the task force is
doing a very good job working with the banks and --
MR. DEAN: I agree --
MS. RAWSON: -- gettingtheviolations corrected and trying to
resell the property.
MR. DEAN: Yeah,T agree with that. But I'm just saying some
cases would the bapk justnot want to foreclose, they don't have to
take title.
MS. RAWSON: That's a possibility.
VICE-CBAIRMAN KAUFMAN: Right now it's costing the
bank nothing. Everything is going against the owner of the property.
But onc~the bank takes over, they're responsible for taxes --
MR. DEAN: So why would you want to be the owner if you
have all that problem.
VICE-CHAIRMAN KAUFMAN: You don't. So what you're
saying is correct. They don't want to do that until a lien is placed on it
and then they need to satisfy the lien before they can dispose of the
property .
Page 38
June 23, 2011
MS. FLAGG: Just as clarification, the bank would continue to
take care of the things that they can take care of, which are the
outside, the debris, the lawns, those types of things. But it's a -- they
cannot get a permit to do internal construction until they have title. So
at that point then the mechanism that we use is this process. And:tpen
at the point that they have a lien then they're going to have to take. title
in order to correct it before they can sell it. .
MR. MARINO: Going on what Diane just said, looking at the
picture that was taken, it looks like the grass has been oV'ergrown and
everything. Has that all been --
INVESTIGATOR PAUL: They've been maiptaihing the grass
and the grounds, so there is no litter or weedsis~H~son the property.
It's just this violation.
VICE-CHAIRMAN KAUFMAN: Do we have a motion to take
care of this situation?
MR. LEFEBVRE: I made amotion.
VICE-CHAIRMAN KAUFMAN: You made a motion that there
was a violation.
MR. DEAN: AndI~ep?~ded.
VICE-CHAIRMAN KAUFMAN: Now to remedy the violation,
you have a motion.
INVESTIGATC1R PAUL: Whenever you're ready, I can give it
to you.
VICE-Cl-IA.IRMAN KAUFMAN: Okay, your suggestion.
INVESTIGATOR PAUL: All right. We ask that the Board
order the respondent to pay the operational costs in the amount of
$8f.lSihcurred in the prosecution of this case within 30 days of this
heating and abate all violations by: Respondent has to obtain Collier
County building permit or demolition permit, inspections and
certificate of completion within "X" amount of days of this hearing or
pay a fine of "X" amount of dollars each day the violation remains
unabated.
Page 39
June 23, 2011
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct the final
inspection to confirm abatement. If the respondent fails to abate the
violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the
provisions of this order, and all costs of abatement shall be asse$segto
the property owner.
VICE-CHAIRMAN KAUFMAN: Anybody want to take on
filling in the blanks?
MR. LEFEBVRE: I make a motion that 90 day$or a fine of
$200 a day.
MR. MARINO: Second that.
VICE-CHAIRMAN KAUFMAN: We have a motion and a
second. Any comments on it?
(No response.)
VICE-CHAIRMAN KAUFMAN: AIl.those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LAVINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No resPQPse.)
VICE-CHAIRMAN KAUFMAN: Carries.
INVESTIGATOR PAUL: Thank you.
MS.DA VIDSON: Number 16, case CEROW20090017262,
Highland Properties of Lee and Collier.
(Speakers were duly sworn.)
MS. DAVIDSON: Violation of ordinance 2003-37, right-of-way
of Collier County, Code of Laws and Ordinances, Article 2, Chapter
10-- 110, Section 11 0-31.A, right-of-way permits.
Page 40
June 23, 2011
Description of violation: Right-of-way needs to be restored to a
permitted condition.
Location/address where violation exists: No site address.
Folio number 403160000.
Name and address of owner/person in charge of violation
location: Highland Properties of Lee and Collier, registered agent,
James H. Siesky, 1000 North Tamiami Trail, Suite 201, Napb;s,
Florida, 33940.
Date violation first observed: November 6th, 20051.
Date owner/person in charge given notice of violation: October
18th, 2010.
Date on/by which violation to be corrected; Noyember 10th,
2010.
Date of reinspect ion: February 15th, 201l.
Results of reinspection: VioIClti9P<~~mains.
The notice of hearing was po~tegat the property on June 10th,
2011 and certified mail was sent 6rrJurte 9th, 2011.
I'd like to introduce Investlg,!-for James Kincaid.
INVESTIGA TORKINC.AID: Good morning. For the record,
James Kincaid Co llierGgunty Code Enforcement Investigator. This is
in reference to Cas~ number CEROW20090017262, dealing with the
right-of-way thatneeds to be restored to a permitted condition.
This is a vIolation of2003-37, right-of-way of Collier County,
Code of Law~.<Clna Ordinances, Article 2, Chapter 110, Section
11 0-31.A, right-of-way permits.
Theilocation of the violation is County Barn Road, Naples,
Florida, 34112. There is no site address for this piece of property.
The Folio number is 403160000.
The Notice of Violation with a compliance date of November
10th, 2010 was mailed certified and regular, and the property and
courthouse were posted on October 8th, 2010.
I'd like to introduce as evidence and just as for clarification on
Page 41
June 23, 2011
the case, three photos that were taken on June 22nd by me, and --
VICE-CHAIRMAN KAUFMAN: Motion to approve the
exhibits?
MR. LA VINSKI: Motion to approve.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: Second. All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAJ>T: ~an-ies.
INVESTIGATOR KIN CAID::The first photo is just one aspect
of the work that's not complete~. <This is taken on a driveway culvert
pipe that's right down the roadTr0.rIl the violation site, showing what
the ends of the pipe aresup);')osed to look like. And this is not the only
part of the violation that'~norin compliance, but it is a major part of it.
Just to clarify it.
What we see inthis photo is one end of the pipe. You can see
that the site, although it's -- it has had work done on it, it continues to
deteriorate. Apdthe pipe is beginning to backfill again.
It'silie county's concern that over a period of time that this will
backfilLincompletely and will continue to wash out underneath the
r0ad Clndcreate a safety hazard for residents of the county. Also going
intofginy season, it's even a greater concern that the work get done
quickly.
The other picture is just the other end of the pipe. Basically
shows the same thing.
So from there I'll just proceed with the, just the basic overall
Page 42
June 23, 2011
synopsis of the case.
The code case on this property was opened on November 6th,
2009 at the request of the Collier County Transportation Department
because of a right-of-way violation resulting from the removal of a
failed driveway pipe. This case deals with approximately 50 percent
of this disturbed right-of-way area belonging to Highland Properties> of
Lee and Collier. .
Collier County had removed the pipe because it wasdama.ged
and was obstructing the flow of stormwater along County Barn Road.
The removal of pipe resulted in the need for the prop~fty Owner to
obtain a right-of-way permit and either install a new pipe or restore
the right-of-way to a permitted state.
Transportation Department was unable to obtain necessary
repairs to the right-of-way by the property>pwner and the case was
turned over to code enforcement to seekc0111pliance.
A permit to install a new storm>clrairi pipe was issued to
Cadenhead Construction Company on November 18th, 2010, with an
expiration date of May 31st, 2011..
Inspections througl)..March23rd, 2011 showed no work being
done to correct the violatj()n,and the case was scheduled for a hearing
before the Code Enforcement Board on November 24th, 2011 to
obtain a definite compliance date.
On November 24th, 2011 prior to the case being heard, an
agreement wa~made between all involved parties that Cadenhead
Construction would install a new pipe and complete the project within
the next30days.
VICE-CHAIRMAN KAUFMAN: Let me interrupt you one
second. You meant 2010.
INVESTIGATOR KINCAID: Yes, sir.
VICE-CHAIRMAN KAUFMAN: I think you said 2011, unless
my hearing --
INVESTIGATOR KINCAID: I apologize if I did. Yes, sir,
Page 43
June 23, 2011
you're correct.
As of June, 2011 repairs to the right-of-way are still incomplete.
The case is approximately 18 months old and code enforcement is
asking the Board to set a definite completion date and appropriate
fines if the violation is not in compliance.
MR. DEAN: Just one question. What's the length of the pipe,
approximately? Just approximately the length.
INVESTIGATOR KINCAID: I think it's approximately 40 feet.
MR. MARINO: Does this lead into a developmentol'''-
MR. LINDSAY: My name is Mark Lindsay. I'lllWith
right-of-way permitting. I'm the inspector. Oh, sQttY~
(Speaker was duly sworn.)
MR. LINDSAY: My name is Mark Lindsay. Right-of-way
permitting. I'm the inspector. And this is one of my permitted jobs.
And through the permit process, I've Qeep dealing with Bobby
Cadenhead. And I met with him on the original permit, and I've been
going through the steps and all that with him through the whole
process.
Permit expired on May 31 st. I got ahold of Bobby Cadenhead.
We met on-site again. .1 went over all the issues with them. On the
permit there are special conditions within the permit that we put down.
If you'd like, I do have pictures here from our last meeting with
him before the..-you know, after the permit expired, if I could show
you, on what.tp.ey look like.
VICE-CHAIRMAN KAUFMAN: Once you show them they
become.part of the board. You will lose them.
MR.LINDSA Y: That's fine. I've got mine in my file.
VICE-CHAIRMAN KAUFMAN: Motion to accept the exhibit?
MR. LA VINSKI: Motion to accept.
VICE-CHAIRMAN KAUFMAN: Second?
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: All those in favor?
Page 44
June 23, 2011
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries.
MR. LINDSAY: There are issues I went over ~ith him. I'm also
an inspector with the DEP for sediment and erosiQhcoDtrol. And I
discussed the issues with him on that due to the faCt that he needed to
do -- have sediment and erosion control for anything, any dirt and
debris flowing further down the drainage.
VICE-CHAIRMAN KAUFMAN;> Jl1stfor clarification, this
person you were talking, Mr. Had@l1:o--/
MR. LINDSAY: Cadenhead.>Me's the contractor and--
VICE-CHAIRMAN KAIJF'MAN: He's the contractor that was
hired by --
MR. LIND SA Y:Highlahd Properties.
VICE-CHAIRMAN KAUFMAN: Okay.
MR. LINDSAY: The understanding what I had from Mr.
Cadenhead is thGit he's supposed to be the spokesman for the property.
He's supposedtobe maintaining all the properties.
As.yousee on this, this is -- everything is just all eroding from
the firstheavy rains that we've had. Everything is just washing in. It's
the same way, if you drove down County Barn Road today, it's
probably even worse from the heavier rains that we have.
Road maintenance did put the barricades up, just in case anybody
did drive up in there, so they wouldn't be driving off the original.
Because I do have pictures of the original on how it looked after road
maintenance pulled it. And from all the erosion that was occurring
Page 45
June 23, 2011
from there.
That was a picture I took that was on the For Sale sign of code
enforcement's citation.
That's the driveway that's going on to the property.
Just showing that sign there for being For Sale.
The bottom one, that is by the Eden house. I explained toMt.
Cadenhead, and it's wrote down on the permit that he wouldh~ve>to
reshape the swale to the next mitered end to the next culvert; because
over the period of time that this was left open, everything's>eroded
down to the next property. And then he would havetc{lleshape that,
reshape the swale, and he would have to sod it.
That's an equalizer pipe that was there. Th~t'.~itl between the
driveway at the Highland Properties and the Eden house that I had to
go ahead and dig just to get some of that water to start flowing. Due
to the fact that this is also a names issueyyiththe Commissioners'
office too. There's a little bit more that's going on with this property
and all.
And that's all backed up dghtthere from the rains that we had on
the first time. And non~()fte~water's flowing because, you know,
with the culvert pipe beiQg at the Eden house, that's all blocked too.
When I was ou.t therewith him making the discussion, he was,
you know, sayipg, well, this ain't in to grade. Well, it is to grade. I
went out thereapd shot grade. I went from point A to point B so it
would have>a.st~pfor the drainage to go straight to the south. All the
water onthatroadway flows down to Rattlesnake Hammock.
And then that's right by the Eden house there.
As you can see in the picture right here, all that debris, dirt and
debris washed out down into the middle and it's causing blockage.
And I explained to him -- and I've had other permits with Mr.
Cadenhead previously. He is a contractor. He knows what he's
supposed to do. When we do issue the permits, we do give a
description of the mitered end, and that depends on how big the pipe
Page 46
June 23, 2011
.
IS.
That there is -- it's probably pretty close to 40, maybe about 32,
36-foot of 24-inch culvert pipe. And it was just set into place and
nothing else was done.
Did you want to see what it looked like previously?
VICE-CHAIRMAN KAUFMAN: Sure, why not.
MR. LEFEBVRE: Yeah.
MR. DEAN: Motion to accept the picture.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: All those infavor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.) ..
VICE-CHAIRMAN>.KAUFMAN: Okay.
MR. LINDSA Y :Wl1erit first went out there to shoot grade, this
is -- road maintenaIlce stu.ck their barricades up. That's the erosion on
the south side of the driveway there. That's all severe slope erosion.
And that's all -- and that's what it looks like previously, all the
dirt and debri&511st washing down.
That's what it looked like in the middle. And you could see the
severe>erosion coming from the apron from the undermining. If this
wasn'ttaken care of it would just creep up and got towards, you know,
County Barn, that would have been totally gone. If somebody would
have drove on that, you know.
And then just showing it again.
VICE-CHAIRMAN KAUFMAN: What is the contractor saying
as far as completing the job?
Page 47
June 23, 2011
MR. LINDSAY: The contractor. You know, I don't -- it was the
original discussion they had with them -- code enforcement had with
Mr. Cadenhead previously. They stated that he was supposed to have
it done by May 31 st. He didn't.
And when I had the meeting with him after May 31 st, he says,
listen, could I get an extension on this permit. Okay, I gave hinI>a><
three-month extension on it. He informed me that he would. be
finishing this up next week. And that was after June 1 St.
Then I was informed the day that his sister was inr~n:ewing the
permit that the 23rd he's going to be out of the countrY and he won't be
able to do it. And we've been waiting ever since to>ha.~~ this done.
And, you know, nothing further has been --
VICE-CHAIRMAN KAUFMAN: Whenthe notices go out,
they're going to the owner of the property, not to the contractor, I'm
.
assumIng.
INVESTIGATOR KINCAIQ:Correct.
MR. LEFEBVRE: So he has an extension from the 31 st of May,
correct, for three months.
MR. LINDSAY: Aijdhewas going to get it done within a week
-- sorry. He was goingtQhave it done the following week after the
day we issued it. Apd nothing was ever done. There's a 72-hour
notice that he hastOgive us when he comes in. And it's for any permit
that's in the right-of-way, contractor or home owner needs to call our
office 72 hours prior to let us know that they're going to be starting the
work. He never did that.
MR. MARINO: I have a question. I'm looking at this. The
registered agent, is he receiving everything on this? I'm looking at a
zipcpde of 33940 for Tamiami Trail in Naples. Is that --
INVESTIGATOR KINCAID: The registered agent--
MS. DAVIDSON: That is correct. It is 33940. We have checked
it by USPS.
MR. MARINO: Thank you.
Page 48
June 23, 2011
(Speaker was duly sworn.)
SUPERVISOR PETRULLI: For the record, supervisor Patti
Petrulli with Collier County Code Enforcement.
I just wanted to state on the record that Mr. Cadenhead, I had
personal phone calls with him telling him the necessity because of the
safety hazards on this that he had to complete the job.
And I also spoke to members of Highland Properties an<ito1d
them that Mr. Cadenhead had stated he would not be ableto:be>here
today, that they should send a representative in today b~9ause we
needed to go forward because of the safety concernspftlle
undermining of the pavement on the road onto CpphtySarn.
So they were notified that we were goingab~ad.with the hearing.
And we hesitated to postpone this because it's been going on for so
long.
VICE-CHAIRMAN KAUFMAN:Oka.Y, we have a motion?
MR. LEFEBVRE: I make a.motionthat a violation does exhibit.
MR. DEAN: I'll second the motion.
VICE-CHAIRMAN KAUFMAN: We have a motion, we have a
second. All those in favor?
MR. L'ESPERANGE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LAYINSKI: Aye.
VIC.E-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries. Motion exists.
Do you have a suggestion as to time frames, et cetera. Oh, look
at that.
INVESTIGATOR KINCAID: The recommendation in this case
is that the Code Enforcement Board orders the respondent to pay all
Page 49
June 23, 2011
operational costs in the amount of $83.43 incurred in the prosecution
of this case within 30 days and abate all violations by: Obtaining all
Collier County right-of-way permits, inspections and completion
approval to restore the right-of-way to a permitted condition within
"X" number of days of this hearing or a fine of "X" number of dollars
will be assessed for each day the violation continues.
The respondent must notify the Code Enforcement inv~~!igator
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 tqenf@[ce the
provisions of this order, and all costs of abatemeptshall be assessed to
the property owner.
VICE-CHAIRMAN KAUFMAN: HQw long do you think it
would take to remedy this situation?
MR. LINDSAY: For the extension for three months is till
September. This is rainy season rightnow where we're getting
inundated with heavy rains. The thing is, if road maintenance has to
go out there and reshape and unplug this work, road maintenance can,
you know, go through risk management and look for all monies done,
you know what I'm/saying, for the work to be done. Because the
homeowner or the la.ndowner and the contractor's failing, you know,
to do this work..
To me;ygu know, three months, you know, that's a standard
extension forthe permit for, you know, anybody. I think it should be
-- you know, there should be, you know, within two weeks, whatever
the case may be. You know, the landowner could have gone to a
different contractor if there was issues and all, you know --
VICE-CHAIRMAN KAUFMAN: So you think that this could
actually be done. You show up with a backhoe, you, whatever you
need to do -- a couple of week.s?
MR. LINDSAY: The majority is done already, you know, the
Page 50
June 23, 2011
limerock's already in, the pipe's in. We're going to have to reshape the
swale. They could -- you know, once they get that done, with the
water being in the swale, they could, you know, sod the sides, they
would have to sod the slopes. And there's three options for a hard
surface. I know they're not going to put pavers. It's either concret~ or
asphalt, you know, driveway apron. That could be done within two
weeks.
MR. DEAN: How long for a permit, though. It saysth@y were
given them permit.
MR. LINDSAY: That's for three months for the extension.
MR. DEAN: No, no, I'm saying this thing t~twe're reading
here, for right-of-way to give them a permit. Anqitstates how long
we can give them. How long?
MR. LINDSAY: The first permit is six months. That's standard.
MR. DEAN: Like you just sqid,.wec~n!t wait, so--
MR. LINDSAY: That's up to ...~you know, it's county ordinance.
This is set by county ordinance here, 09-19.
MR. LEFEBVRE: I'd like to make a motion that we grant 30
days from the date of this.h@aring or a fine of $500 will be assessed
each day the violationcontinlles.
MR. MARINO: I'll second that one.
MR. LINDSAY: You want 30 days, that's fine.
VICE-CHAIRMAN KAUFMAN: We have a motion, we have a
second. All tho sein favor?
MR. L'ESPERANCE: Aye.
MR.>DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
Page 51
June 23, 2011
VICE-CHAIRMAN KAUFMAN: This should get somebody's
attention, I would think, at the Highland so that they can get on this.
MR. LINDSAY: Okay, thank you for your time.
VICE-CHAIRMAN KAUFMAN: Okay, thank you.
MS. DAVIDSON: Number 17, case CEROW20110000485.
Violation of ordinance 2003-37, right-of-way of Collier County,<Code
of Laws and ordinances, Article 2, Chapter 110, Section 11 Q~21.A,
right-of-way permits.
Description of violation: Right-of-way needs to b~restored to a
permitted condition.
Location/address where violation exists: 2801 County Barn
Road, Naples, Florida, 34112.
Folio number 403240001.
Name and address of owner/person in,charge of violation
location: Eden Institute Foundation, ineofN9rated. One Eden Way,
Princeton, New Jersey, 0854, care<ofregistered agent, Eden Florida,
24860 Burnt Pine Drive, Building 6, Suite 3, Bonita Springs, Florida,
34134.
Date violation firstQbserved: November 6th, 2009.
Date owner/person in charge given Notice of Violation: January
12th,201l.
Date on/bywhieh violation to be corrected: February 10th, 201l.
Date of reiJ:'lspection: February 15th, 2011.
Results of reinspect ion: Violation remains.
Certified mail for notice of hearing was sent June 9th, 2011.
VICE~CHAIRMAN KAUFMAN: Investigator.
INVES TI GATOR KINCAID: Good morning again. For the
record, James Kincaid, Collier County Code Enforcement
Investigator. This is in reference to Case number
CEROW20 11 0000485, dealing with a right-of-way that needs to be
restored to a permitted condition.
This is in violation of2003-37, right-of-way of Collier County,
Page 52
June 23, 2011
Code of Law and Ordinances, Article 2, Chapter 110, Section
11 0-31.A, right-of-way permits.
Location of the violation is 2801 County Barn Road Naples,
Florida, 34112. The folio number is 403240001. Service was by
posting on January 12th, 2011.
I'd like to submit for evidence the same three photos that\Ver~
taken in the last case, which were the pictures of the pipe and-possible
or the projected correction --
VICE-CHAIRMAN KAUFMAN: Motion to acceptthe exhibits.
MR. DOINO: Motion to accept.
MR. DEAN: Second.
VICE-CHAIRMAN KAUFMAN: All th0$~ infavor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KALWMAN: Aye.
Have you seen thepictl.l.:res?
MS. SUAREZ: Ye$,I have.
VICE-CHAIRMAN KAUFMAN: Do you have any objection to
them?
MS. SUAREZ: No.
Do Y0u>\Vantto swear me in?
VICE-CHAIRMAN KAUFMAN: You snuck up on her.
(Speaker was duly sworn.)
INVESTIGATOR KINCAID: The details of this case are
basically the same as the other. Highland Properties, which is the
owner of the other 50 percent of the driveway issue got into the case at
a little later date. But it basically is exactly the same case.
The addition I'd like to make, it was bef0re the CEB hearing
when all the parties involved met across the hall, it was agreed by Mr.
Page 53
June 23, 2011
Cadenhead that he would also deal with the violation, which is
basically the other half of the pipe. I mean, it was not prudent, I
. guess, is a good word, for two different contractors to be trying to put
in half of the same violation with one pipe. So he agreed.
I don't know what their payment arrangements were, you know,
financial part of it was, but he did agree to abate their part of the
violation also.
So other than that, the two cases are essentially the samy.So the
recommendations on that as far as the time frame for the abatement of
violations and the fines I think could just -- I don't knowhow you all
want to do that.
SUPERVISOR PETRULLI: For the recorg~Stlpervisor Petrulli.
I was at that meeting as well as investigator Kitlcaid, and it was at that
time Highland Properties agreed to take full financial responsibility
for the project. And the Eden Instituty,theifattorney was there also.
And this was agreed upon by Mn>Cagenhead as a representative for
Highland Properties.
MS . SUAREZ: And I'd jtistTike to add, I was at that meeting in
the hallway also, and I gig follow up with an e-mail to Mr. Cadenhead
the following day, justeonfiIi11ing that we grant him the right to do the
work on our half of the property and that Eden would bear no financial
burden for this work.
VICE-CHAIRMAN KAUFMAN: So it sounds as though the
problem isnot--is with the contractor.
INVESTIGATOR KINCAID: Yes, period.
MR~LEFEBVRE: Well, here's the problem. If we rule that there
is.a violation, like the last case, your organization is going to bear
financial responsibility if Mr. Cadenhead doesn't follow through.
MS. SUAREZ: That is my concern. Yes.
I don't feel it would be fair that we are penalized the $500 a day,
or half of that, because of Highlands' inability to complete the work or
unwillingness to complete the work.
Page 54
June 23, 2011
VICE-CHAIRMAN KAUFMAN: Well, I guess one of the ways
of resolving a situation like this could be have a low fine for party B
and a higher fine for party A, since party A is the controlling portion
of this. That would be one thing that is, I guess, possible.
Jean is looking at me now.
MR. LEFEBVRE: I'm somewhat against that due to the factthat
-- equality, you have to have some kind of equality. I'm justa. little bit
VICE-CHAIRMAN KAUFMAN: Once the left hand...- make
left hand right-hand side of the pipe. Once the left-band side of the
pipe is completed, are we confident that the righhl11tndside will be
completed as well? For the same reason --
INVESTIGATOR KINCAID: That is what we were told by Mr.
Cadenhead, that it would all be brought il1tocompliance within 30
days of the, I believe it was the MarcQ<C.EBmeeting when we met
across the hall. The entire job would>becomplete.
SUPERVISOR PETRULLh. And technically, I'm by no means
an expert, but if one part is finished and the other isn't, it will just be a
waste of time and money Jofthe project that was done on the other
side. So they have to be consecutive. They have to be done at the
same time.
MR. LEFEBVRE: The other option is after 30 days ifnothing is
done, the county is then contracted to go in and correct it.
INVESIIOATOR KINCAID: Correct.
MR.. LEFEBVRE: But then there would be a lien filed against
bothoftheparties. There would probably be a share of it to Eden, a
share of it to Highland Properties, correct? And then Eden would
probably have to go after Highland to pay for their portion.
MR. DEAN: Can I ask just one question. The agreement
between the two parties, was it signed in writing?
SUPERVISOR PETRULLI: No, it was a gentleman's agreement.
MR. DEAN: I understand that one. That's the problem.
Page 55
June 23, 2011
MS. SUAREZ: One other point is if the responsibility had been
Eden's, we have no use for that driveway, and so we would have been
happy of just clearing it out as a culvert. Highlands is the one who
wants that driveway access to the rear of their property, which is a
much more expensive repair.
VICE-CHAIRMAN KAUFMAN: Jean, I have a question.
MS. RAWSON: Yes, sir. ..
VICE-CHAIRMAN KAUFMAN: I'm going back towhafI said
before. If we find this in violation and a low fine is levi~dagainst this
case relative to the larger fine for the other case bec(l;use they're the
controlling portion of this, would that be an unfair?"in.YQur estimation,
action by the Board?
MS. RAWSON: Well, it would be inconsistent, for sure. I don't
get to make the hard decisions, you guys/do.. I just get to write them.
You know, I feel very sympatheticto}VardEden because they're
probably -- their remedy would beso1'1l.ewhat different anyway. So I
really -- you need to be consistent in your orders, that's all I could say.
VICE-CHAIRMAN KAL.TFMAN: What would happen if we
only found a violation existed on one of the two parties, would that be
also --
MS. RAWSON: Well, I think the violation exists on the Eden
land as well. Sol think you can't do that.
VICE-CHAIRMAN KAUFMAN: This is the old do we cut the
baby in halfrQl1tine.
MR. LAVINSKI: I don't see any real difference. They're both
two cases, we're talking about the same culvert. I think if we treat it
ju~t like we did the last case, that will give Eden a little bit more desire
to gQPursue this dude that ought to be doing what ought to be done.
I drive by that site twice a day every day of my life. It's a
disgrace. There's hundreds of condo units just south of that, this crap
is just flushing down. If you've driven down County Barn, there's not
an inch of elevation that I can see. We get water all over down there.
Page 56
June 23, 2011
And this is not making it any better. I don't think for one second we
ought to treat this any different than we did the last case.
MR. LEFEBVRE: I know historically County Barn Road is
prone to flooding, and this is probably just part of the problem. I think
we need to -- no matter what it is, I think we need to be very strict.
And unfortunately gentleman's agreements aren't always followed up
with. They're difficult to enforce, and here's a prime exampl~ of1t.
But I still think that we have to look at not only this prQperty --
this property owner, Highlands property but other peopl~,<like you
said, that do live in the area. There are several condQsthere, and do
not want to have this part of the problem for a cOll~oorsome property
owner adjoining this property, these propertie$tl99ding. So I think we
still have to take a very serious, strong attitude on this property.
VICE-CHAIRMAN KAUFMAN: Okay, so--
MR. MARINO: I'd like to go ba,cktothat gentleman's
agreement. You stated that you sent.a.lle-mail to the contractor.
MS. SUAREZ: Yes.
MR. MARINO: Did he rePly-to your e-mail?
MS. SUAREZ: No.
VICE-CHAIRMAN KAUFMAN: And he doesn't work for you,
so --
MS. SUAREZ: <Correct.
VICE-CHAIRMAN KAUFMAN: So that's -- you have no
control overtq~situation. However, you do have the responsibility.
I'm going to look to the Board to see if a violation exists or not.
MR. <LAVINSKI: I'll make a motion a violation does exist.
MR.. LEFEBVRE: Second.
VICE-CHAIRMAN KAUFMAN: I have a motion and a second.
All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
Page 57
June 23, 2011
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: Carries.
Yes, ma'am.
MS. SUAREZ: I would just like to say, if Eden is g()lng to bear
some financial responsibility, that we would like to cho~se<a/different
contractor. I have no faith that this contractor will ge!thejob done in
30 days, and then we will be facing $500 a day infihes.
MR. LEFEBVRE: Well, here's the other>thirgthat's a problem,
is, if the work has to be done, that your contractor, let's say you
hypothetically hire another contractor, thty're going to have to go on
Eden's property, correct? I mean, ()n:Higl1.lttpds' property.
So this may be an issue wher~ tll.e<county's going to have to come
in and fix it, because chances areJ{igl1.lands' not going to give you the
ability for your contractor to g()errthe property. So it sounds like the
county might have to go>ip there and actually --
VICE-CHAIRMAN KAUFMAN: Has Highlands commented on
this?
INVESTIGATOR KINCAID: No, sir, we haven't gotten any
word since thel(:lst board hearing, other than Supervisor Petrulli's
conversations with Mr. Cadenhead that the violation would get done
and would be cerrected and so on and so on. That's all the
communications that we've had.
Itnight suggest, and I don't know if it's my --
VICE-CHAIRMAN KAUFMAN: Suggest away.
INVES TI GA TO R KINCAID: For me to suggest, but I agree
with the Board 100 percent in the 30-day time frame. This needs to be
done. But I think it's a very complex issue. Because we can't have
Eden's contractor working on Highlands property and vice versa
Page 58
June 23, 2011
without permission. And this is the hang-up in the case. It cannot be
resolved because we've got too many fingers in the pie trying to fix
one violation.
So I would, in my recommendation, I would go with your
recommendation of30 days, but at the end of30 days if Mr.
Cadenhead has not completed the violation on both properties, ifit's
not made whole and acceptable to the Transportation Department, I
would recommend that the county fix the violation, whichev~rway
they want, either with the pipe or without and assess the>tWo
properties --
MR. LEFEBVRE: That is in your recomme~dafIop --
INVESTIGATOR KINCAID: -- equal sh'l,t"~s>()fthe cost of the
correction.
MS. FLAGG: Just as clarification, with the order that you tissue,
then once you issue the order, in eachorQer>you give the county the
ability to abate. So with your orderi$sue, the county would abate and
then would assess the cost to both p17Qperties equally for whatever it
occurred -- whatever the county incurred.
VICE-CHAIRMAN KAUFMAN: So you do have that ability in
the first case.
My concern is if you)can't deal with the contractor involved here,
the person who's ultimately going to be writing the check, should the
violation contin],Je, needs to be brought on board. And whether the
agreement thatYOtl had together wasn't with the contractor, I'm
guessing, it was with the owner of the property, he's the one that had
to hire the contractor, that somebody this afternoon make a call and
say thIS is what's going to happen so we need to have another meeting
in the hall way or whatever and you get this thing done.
SUPERVISOR PETRULLI: I will try and contract the family
members that are owners of the -- behind the Highland Properties
today.
MR. LEFEBVRE: I mean, if we see that, let's say, three weeks
Page 59
June 23, 2011
into this nothing's being done, then line up county contractors that on
the 31st day they go out there to start correcting this. And then
unfortunately you're going to have to pay the county for the work that
was done.
But the only way that probably this is going to be corrected
barring that this guy comes and finishes, the contractor finishes, isto
have the county come and do it, because you will not have t4~Ti~ht
more than likely to go on someone else's property to correct>the
problem.
MS. SUAREZ: With the county's fix for it, the~Ounty has no
need for that driveway; is that correct? Would th~county's fix likely
be just recreating the culvert, just turning it irtto(:\swale, because that's
cheaper?
SUPERVISOR PETRULLI: More than likely.
MR. DEAN: Does Highland>ne~d>i!?
MS. SUAREZ: So that might b~conveyed to Highlands also.
That might be an additional incentive.
MS. FLAGG: Just as clarification, what the county does is based
upon the order that is issijerl.>Soif the order says to remove and
restore the water flow, then tne county, based upon the order, will
remove and restore the water flow. If at a later date Highlands
property wishesto have a driveway access, then they can come in and
apply for a right...of-way permit and properly install an access.
MR. LEFEBVRE: SO you're telling me -- let me ask a couple
differentquestions.
First of all, there's no bond put up to complete a project like this?
MS.FLAGG: This is something that when folks come in to the
rightTof-way department, as you heard the testimony, they're issued a
permit. And with that permit there is no bond that they generally
collect with those.
MR. LEFEBVRE: So it may be cheaper to remove what's there,
including the culvert, the metal culvert, remove that and return the
Page 60
June 23, 2011
swale back to its original state like there's no driveway there, than
there is to put a concrete apron on each side of the pipe and clean out
the swale on either side that's eroded. So it would be cheaper to do
that than to restore it to the original -- to finish it.
VICE-CHAIRMAN KAUFMAN: I agree with Mr. Lefebvre,
And I think it also would be an incentive for Highland to get theit
person out there to take care of this situation. Otherwise they're going
to lose that ability and they're going to have to start from sqtlare one.
MR. DOINO: I agree.
MR. LEFEBVRE: Unfortunately I think we hare to stay
consistent with your orders. So with that being said;<30 days and $500
a day.
MR. DEAN: Or 60.
MR. LEFEBVRE: Again, I want to stay consistent. Because I
don't want Highlands to come bacIs sayillgtijat you've given special
treatment to Eden. Again, we hav~tqeability that if it's not taken care
of to look at the situation and reduce the fines at a later date. So I feel
that we should stay consistent, so If there' s anything -- if they come
back to us, we can stand()n~n~grounds that we've been consistent.
VICE-CHAIRMA.NKAUFMAN: I have one question, and that
is swale or no swale, whatare we talking about here in the order?
Is this -- inYOUflTIotion it says permitted condition. It could be a
swale or it could be no swale. For your point that you don't need a
driveway there--
MS. SUAREZ: Right.
VICE-CHAIRMAN KAUFMAN: -- do we want to mention that
in the order?
MS. FLAGG: If your goal is to restore water flow, I would put
that in your order, to restore water flow. If Highland Properties
wishes to obtain another permit to put in a driveway, they can come in
and get a permit for a driveway.
MR. LEFEBVRE: So it should be stated, restore to its original
Page 61
June 23, 2011
condition prior to the permit or, I mean, how -- what would be the
wording that would clarify this --
MS. FLAGG: Remove the obstruction to restore water flow.
MR. LEFEBVRE: Now, would that affect the previous order
that we had, Highland Properties?
VICE-CHAIRMAN KAUFMAN: Well, the other one said
permitted also. Permitted condition. So a swale is a permitt~d --Jlm
assuming a permitted condition.
MR. LEFEBVRE: Jean?
MR. MARINO: Are you looking at Jean for an>~nswer, yes. We
want to be as consistent as possible.
MS . RAWSON : Well, we want to be COllSt$!ent. This is a
technical question that we probably need the experts over there to
answer. If you restore the right-of-way to a. permitted condition, is
that broad enough to include, you know;~h~ther those people want to
go and, you know, build the culvert<o,fwhether we just want to remove
the obstruction and restore the water.flow? Is that broad enough to
include both?
MS. FLAGG: I don't believe it is, Jean, only because they have,
based on the testimony that 111eard from transportation, have a permit
for concrete culverts.
MS. RA WSON:<.That's right. And theirs is a little different also.
The notice of their violation was a little different.
MR. LEE.pBVRE: Now, how's this --let's hypothetically say
that we.put in there that we restore it to original -- it's restored to
original--what was it, the wording that you used?
MS. FLAGG: Remove obstructions to restore the water flow.
MR. LEFEBVRE: Ifwe do that, and on the 31st day -- on the
31 st day we -- the county goes in and does this work, would it be in
violation of the other order that we had stating that -- the other order,
we have to be consistent with the other order because we have to make
sure that whatever we do in this order isn't in violation of the other
Page 62
June 23, 2011
order.
VICE-CHAIRMAN KAUFMAN: I think the other order stands
by itself.
MR. LEFEBVRE: But it doesn't say restore, the county can go
in there and restore to original -- to restore water flow.
VICE-CHAIRMAN KAUFMAN: I agree with you, whatT'ro:
saying is they have a permit to do whatever they're going tOQP.And
we gave them "X" amount of time to do that. This is a different case.
If we wanted to, we can have the wording in this, as Ms.. Flagg said, to
remove the obstruction.
If you don't need a culvert, just remove the obstruction. What
would be wrong with a motion of that nature?
MR. DEAN: Well, isn't in number two itsays that violation has
-- investigator when the violation has been abated. On number two,
see, read number two. So when it'~ a1:>at~df~ither in or out.
MR. LEFEBVRE: But also with the other order they have a
permit to complete until -- for three<more months, or a little less than
three months. So would we beinviblation -- we're taking their ability
away to complete the sw~leBy removing everything.
MR. DEAN: It might bea risk thing. This it is current. We
have rains coming.~rtd --
MR. LEFEBVRE: I know, but what I'm saying is, they have a
permit now that grants them 90 days to complete their work. But now
we're goingto go and take all that work out. We're in -- if we give 30
days for.this, we're really -- it's a conflict. Because one body is saying
you have 90 more days from May 31 st to complete. And now this
orrleris saying you have -- if we say 30 days and $500 fine, we're
giving their -- we're literally voiding their permit after --
VICE-CHAIRMAN KAUFMAN: I think we're trying to solve a
situation which needs to be resolved by Highland. They're the ones
who hired the contractor to do whatever. That contractor has
disappeared or is not following what he agreed to with Highland. I
Page 63
June 23, 2011
think once Highland knows what's going to happen on the 31 st day of
-- that they may be able to light a fire, select another contractor or do
away with the permit that they're working on and just restore it to a
swale. I think that's the key to this whole situation. Trying to fix two
ends of a pipe for the Board is really not in our bailiwick.
MR. MARINO: Is this a contractor that does this type of work in
the county all the time, specifically does this type of work? D~ we
know that?
SUPERVISOR PETRULLI: I couldn't speak to that.
MR. LEFEBVRE: I mean, as this case unraveled~ifbrought up
more questions and issues. I look back, I'm wond~fingif this should
have been continued -- this case should have b~~ncQntinued.
VICE-CHAIRMAN KAUFMAN: Well, what I would think you
can do is extend it from 30 days to 45 days,. it will be back here next
month and this will all be resolved or the fines will start to accrue on
the 46th day instead of the 31st day. Our main concern is to get this
done and resolve the situation that exists fairly. And I would--
MS. RAWSON: You can'tgiVe her an extension of time because
you haven't given her a time.
VICE-CHAIRMAN KAUFMAN: But we have another order
sitting there that is<30 days. So we --
MS. FLAGG: . Mr. Chair, let me offer a clarification. Highlands'
property, eventhough transportation did extend his permit, your order
supersedes his permit extension because he did not -- his permit is
unpermitted, the work that he was doing. So your order supersedes
that. So you don't need to worry about that time frame.
One option that you could do is amend Highlands' order with the
same.abatement format for this order, where the county would go in
and remove everything if it's not completed within 30 days.
VICE-CHAIRMAN KAUFMAN: I think that's the best way to
go. You're consistent and it will get the job done. And then Highland
will know, they may have -- it will cost them a lot more money if they
Page 64
June 23, 2011
want to now put in a way into that property, which I'm sure they do
want to do. So I go back to the motion maker.
MR. LEFEBVRE: Okay. All right, so let's take care of this
motion first and then we can move on to amending our previous
motion. Does that sound like the logical -- okay.
All right, I'm going to go back to 30 days and five -- yeah,)O
days and $500 a day after each violation continues. And alsQ add in
that the county, after 30 days, has the ability to restore the/flQw--
MS. FLAGG: Remove obstructions to restore thefldw.
MR. LEFEBVRE: Remove obstruction to restore tHe flow.
VICE-CHAIRMAN KAUFMAN: Okay, w~have.a motion. Do
we have a second?
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: We have a motion and a
second. All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI:~ye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No respon~e.)
VICE-CHAIRMAN KAUFMAN: Okay, that's the motion. Now
MR. LEFEBVRE: I make a motion to amend --
VICE-CHAIRMAN KAUFMAN: We have to go -- this case is
now done.
MR. LEFEBVRE: Right.
VICE-CHAIRMAN KAUFMAN: Now we're going to backtrack
to the previous. Thank you very much.
MS. SUAREZ: Thank you.
Page 65
June 23, 2011
VICE-CHAIRMAN KAUFMAN: We're going to backtrack to
the previous case.
MR. LEFEBVRE: Highlands, yes.
CHAIRMAN LEFEBVRE: And we want to modify that motion
to agree or to be exactly the same as this motion.
MR. LEFEBVRE: Right. I'd like to make a motion to amenq
Highland Properties of Lee and Collier County -- I don't thiokI need
to go into the case number -- our previous case to reflect the>sa.1he
language as in Eden --
VICE-CHAIRMAN KAUFMAN: Institute.
MR. LEFEBVRE: Thank you. Eden Institute Eoupdation, Inc.
MR. DEAN: And I'd like to know what,thecltfference you're
talking about is.
MR. LEFEBVRE: It's restore the flow.
VICE-CHAIRMAN KAUFMAN: \ Whieh means it could be a
swale or the culvert.
MR. LEFEBVRE: Right. We want to give the county --
MR. DEAN: I know thatD()es this state that in that other -- this
one but not the other one?
MR. LEFEBVRE:>Jn Highlands it didn't state it. In Highlands it
stated that it would>be tw6permitted conditions, but we want to
remove and make itsQ if it's less to just restore the flow.
MS. FLAG.G: Just clarification on your motion. It would be in
section two where you're giving the county the order to abate the
violation.. And Jean, you want to read what you have there?
MS/RAWSON: Actually, it's my paragraph four. That if the
respondent fails to abate the violation, the county may abate the
violation by removing the obstructions to restore the water flow and
may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order, and all costs of abatement shall be
assessed to the property owner.
MR. LEFEBVRE: Very good. So we want to give the county
Page 66
June 23, 2011
the option, correct, of either making it permitted the way that
Highlands wants it, or removing the obstruction--
MS. FLAGG: What your order will do will give Highlands the
opportunity to permit it the way that they would like, but on the 31 st
day they can anticipate that the county will go in and remove the ...
obstruction to restore the water flow. And at that point they willh~ve
the option to come in at a later date to obtain a right-of-way permit to
put in a proper culvert and driveway.
VICE-CHAIRMAN KAUFMAN: Okay, we need<a second for
your --
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: WeU,<th~()figinal person that
seconded, correct, they would have to agree to my amended motion?
MS. RAWSON: Can you rememberwhothat was?
MR. DOINO: It was me.
VICE-CHAIRMAN KAUFMAN: Well, we know somebody
who does know.
MR. DOINO: I'm sorry,<thatwas probably 45 minutes ago.
Second.
VICE-CHAIRMAN KAUFMAN: All those in favor?
MR. L'ESPERANCB: Aye.
MR. DOINO: . Aye.
MR. DEAN: Aye.
MR. M~O: Aye.
MR.< LAVINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
VICE-CHAIRMAN KAUFMAN: It carries. Time out. We're
going to give your fingers a rest.
Do we have many left, by the way?
MS. DAVIDSON: Three under imposition of fines.
Page 67
June 23, 2011
VICE-CHAIRMAN KAUFMAN: Mr. Lavinski, we're going to
defer to you. We're going to take a break. We're going to take 10
minutes.
(A recess was taken.)
VICE-CHAIRMAN KAUFMAN: Call the Code Enforcement
meeting back to order.
Let's see, Colleen, where are we up to?
MS. DAVIDSON: We have at number five, old busine~s,A,
motion for imposition of fines, liens. Case three, case nti.p1ber
CESD2010008711, Robert A. Flick. ...
(Speakers were duly sworn.)
INVESTIGATOR BOTTS: For the record,.Jn",~stigator Azure
Botts, Collier County Code Enforcement.
This is in reference to case number CEB -- excuse me,
CESD201 00008711, violations, Florida Bi.1ilding Code, 2007 edition,
Chapter 1, Section 105.1 and Collier County ordinances 04-41, the
Land Development Code as amended,<Section 10.02.06.B.1.A,
1 0.02.06.B.1.E.i and 1 0.02.06~B~1'.E.
Location, 3339 Canal Street, Naples, Florida.
Folio 71800000307.
Description: . Repairs, alterations consisting of electrical,
plumbing and structural, both interior and exterior have begun on
residential dwelling without first obtaining all required Collier County
permits.
Past orders on November 18th, 2010, the Code Enforcement
Board issued a Finding of Fact, Conclusion of Law and Order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached Order of the Board
OR4629, Page 275 for more information.
An extension of time was granted on March 24th, 2011. See the
attached Order of the Board OR4670, Page 167 for more information.
The property is in compliance with the CEB orders as of June
Page 68
June 23, 2011
15th, 2011. The fines and costs to date are described as following.
Order item number one and two, fines at a rate of $200 per day for the
period between May 24th, 2011 through June 15th, 2011, 23 days, for
the total of $4,600. Order Item number five, operational cost of $81.43
have been paid. Total amount to date, $4,600.
VICE-CHAIRMAN KAUFMAN: Okay, Mr. Flick?
MR. FLICK: Like she said, I paid that operational exp~nses.
And then I came in and got a two months extension. Andlthought
the extension was to June the 15th, and that's when I gotmyC.O. and
completion. And Azure just told me this morning th~f<lwas supposed
to be done June the 15th. My 79-year-old memory is just --
MR. LEFEBVRE: I make a motion to abate fhefine.
VICE-CHAIRMAN KAUFMAN: We have a motion. Do we
have a second?
MR. DOINO: Second.
MR. MARINO: Second.
VICE-CHAIRMAN KAUFMAN: All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKl: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
Out the door.
INVESTIGATOR BOTTS: Thank you, gentlemen.
VICE-CHAIRMAN KAUFMAN: You're welcome.
MS.DA VIDSON: Number four under imposition of fines, case
CESD20100009613, Charles H. Bartholf.
(Speakers were duly sworn.)
MR. RANKIN: Good morning, Douglas Rankin for the
respondent, Mr. Bartholf.
VICE-CHAIRMAN KAUFMAN: We don't have to swear you
Page 69
June 23, 2011
in, by the way.
MR. RANKIN: I know. I just go along, and get along.
VICE-CHAIRMAN KAUFMAN: Yes, Investigator.
INVESTIGATOR PAUL: For the record, Renald Paul, Collier
County Code Enforcement Investigator.
I don't know if you want me to read into the imposition oftlntes.
We're going to go ahead and read into it.
I'll go ahead and read into it. Violations, Collier County
Ordinance 04-41, Land Development Code, as amendea" Sections
1 0.02.06.B.1.A.
Location 5991 Westport Lane, Naples, Floriqa.Folio
38224920006.
Description: Addition of unpermitted pUtl1P house,
shed/ guesthouse tentlike structure on the property .
Past orders. January 27th, 2011~heCoa,e Enforcement Board
issued a Finding of Fact, Conclusipn<pfLaw and Order. The
respondent was found in violatiollofthe referenced ordinances and
ordered to correct the violation. See the attached Order of the Board
OR4651, Page 602 for mgreinformation.
The property is notirt compliance with the CEB order as of June
23rd,2011. The fil1es and cost to date are described as following.
Order number itemOue and two, fines at the rate of $200 per day for
the period between May 28th, 2011, and June 23rd, 2011, 27 days, at a
totalof$5,40Q. Fines continue to accrue.
Order item number five, operational costs in the amount of
$81.15 have not been paid. Total amount to date, $5,481.15.
MR. RANKIN : There are three things we're here on today, board
members. One is the tentlike structure and deck. It is gone. In fact,
the tent itself was gone before your last hearing. The deck has been
gone since then. My client realized there was no permit for that and
it's gone.
On the other two matters, I believe if you look at the complete
Page 70
June 23, 2011
order, your complete order says the man is supposed to get a permit
for those other two items. We've been doing some research, Your
Honor. It appears on one of them he probably already does have a
permit for sure. And the other one we're not sure of. And let me
explain to you.
If you go on the Property Appraiser's website, there's the house
guesthouse. They know it exists. There's only two ways they)mow it
exists. A, they got a permit or B as a drive by. . .
If you actually go to the Property Appraiser's Offi~e,you get this,
which is their old legacy property card. They didn'talways write
down the permit numbers, but they did always dr(}.~tfiings in. And
again, there's only two ways the Property Appr:ai~~rknows about this,
either they drove by or there was a permit.
Well, here is the -- how -- shed, guesthouse, whatever, and it's
marked as having been built in 1984. jO,(}nqt need, I don't think, to
tell the Board members what the permitting -- the state of permits are
at the county from 1984.
Prior to 1994, which is as far back as the current computer
system goes, there's anotb,ercqmputer system that's about half
accurate from 1994 to '92. Beyond that there is no computer to access
those records. Large quantities of them are missing completely. And
the indexes for each year depend upon the year in question. Some
years are by perJl1it number only, which means it's useless, you can't
find anythingip those years. Some of them are by the whoever pulled
the permit inthat particular year. Which means even if we were to
look up who owned the property in 1984, if they didn't pull the permit,
ifforinstance, Joe's Construction pulled it, it would be under their
name, again unaccessible. There are a few --
INVESTIGATOR LETOURNEAU: I would have to object to
this testimony.
MR. RANKIN: I'm sworn. And I've been over to records and I
Page 71
June 23, 2011
INVESTIGATOR LETOURNEAU: I just have to say that we're
for imposition of fine, we're not here to hear the case again. The
county still contends this is a violation, and it's been said that at the
previous hearing it was a violation.
VICE-CHAIRMAN KAUFMAN: This is the hearing for the
imposition of fines. Whatever the --
MR. RANKIN: If he doesn't have a permit.
VICE-CHAIRMAN KAUFMAN: No, that was the previous
time is the time to bring up, when this thing was heard,l1otin the
imposition of fines.
MR. RANKIN: I believe if you'll look at yo~:torfler, it says that
the man was supposed to either tear them do\\,n<Qrg~t a permit. And
that was the conclusion of your last hearing. And if we could look at
the complete order instead of just the synopsis,I think you'll find that's
what it says, that's what they all say.
INVESTIGATOR LETOURNEAU: If they would produce
permit numbers and valid permits, then we would close the case out at
that time.
MR. RANKIN: And that's the problem. And so the question of
whether or not there is in facta permit is still relevant today. Because
if he already has a permit, then he's in compliance with your order.
VICE-CHAIRMAN KAUFMAN: Doesn't this also exist on
microfiche?
MR. RANKIN: But the only trouble is, Mr. Commissioner,
board m~mber or Your Honor, you have an entire year of microfiche
with no<effeetive way to look at it. There is no index. So he would
have to sit there and look at every permit this county issued in 1984,
andfor the pumphouse it's 1979. He would have to look at every
permit --
INVESTIGATOR LETOURNEAU: I'm going to have to object.
I'm going to have to object--
MR. RANKIN: -- Collier County issued in that year--
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June 23, 2011
VICE-CHAIRMAN KAUFMAN: I agree with your objection.
We're not here to hear this case again. There are ways of appealing
what is going to go on after the imposition of fines. But we're not here
to rehear the case.
MR. RANKIN: Well--
MR. LEFEBVRE: Let me ask a question. Has anything beep
done to get a permit? Has anything been done besides remoyi1'lgt1'le
deck and the tent, which might have needed a demo permit;>but has
anything else been done to rectify the situation?
INVESTIGATOR PAUL: No.
MR. RANKIN: By the way, we didn't need~demp permit for
the tent because prior to the last hearing, whiG'h>l>gtle~s wasn't brought
to your attention, somebody stole it. They stole the entire building.
That's a matter of something else.
Anyway -- but on the other matters, what I would request and
what the county and I had sort of talk eo about before this hearing if
the board is amenable is to give us some time to go see if we can dig
through that mess over there at Horseshoe Drive to see if there is in
fact permits on this.
MR. LEFEBVRE: You had 120 days to get the permits and that
would include finding a permit that is possibly there or not. You had
120 days. N ow you're coming back to us to ask for more time. I don't
think that's acceptable to ask for more time.
VICE-CHAIRMAN KAUFMAN: In addition to what Mr.
Lefebvre said, ordinarily there are two things that I specifically look at
when we are on the imposition of fines page. And one is are you in
compliance. And you could be in compliance, but your operational
costs. haven't been paid and I don't know if you have an excuse for
that.
MR. RANKIN: We have no problem with paying the operational
costs at any time.
VICE-CHAIRMAN KAUFMAN: It hasn't been paid. So that is
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June 23, 2011
another point that we have. Why wasn't it paid? That was within 30
days of the hearing, that was not paid.
MR. RANKIN: $80. We'll be happy to pay it now. If you want
interest from that time period, no problem.
But as far as the situation is, and it's a -- you know, it's somewhat
of a question here. My poor client came here before at this hearing
and the county didn't bring to your attention that according tQthe
Property Appraiser's records there may be a permit for oneoftnese
things that they came to hear --
INVESTIGATOR LETOURNEAU: I'm going.tdhave to object
to his testimony.
MR. RANKIN: Well, but I object --
MR. LEFEBVRE: I make a motion to impose the fines.
VICE-CHAIRMAN KAUFMAN: We have a motion, do we
have a second?
MR. MARINO: Second.
VICE-CHAIRMAN KAUFMAN: We have a motion and a
second. All those in favor?
MR. L'ESPERANCE:Aye.
MR. DOINO: Aye..
MR. DEAN: <Aye.
MR. MARINO:.Aye.
MR. LA V'mSKI: Aye.
VICE..:Cl:IAIRMAN KAUFMAN: Aye.
The. way to appeal it is to bring it back with a copy of the
verbatim or the transcript, and you can appeal it in that manner.
MR. RANKIN: Okay. Just, Your Honor, the county is in charge
of maintaining these permits. And when they don't maintain them in a
proper position, that is unfair to the homeowners to do this to them.
MS. DAVIDSON: Number five, Case CESD20100004524,
Rosario and Immacula Simeas (phonetic).
(Speakers were duly sworn.)
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June 23, 2011
INVESTIGATOR PAUL: For the record again, Renald Paul,
Collier County Code Enforcement Investigator. Violations of Collier
County Ordinance 04-41, the Land Development Code as amended,
Sections 10.06.B.1.A. Location, 2797 53rd Terrace Southwest,
Naples, Florida. Folio is 36373880002.
Description. Addition of a fence, shed and enclosing of lanai
with no permits.
Past orders. On January 27th, 2011, the Code Enforcement
Board issued a Finding of Fact, Conclusion of Law and Order. The
respondent was found in violation of the referenced Qtdinances and
ordered to correct the violation. See the attachedofders of the board
OR4651, Page 576 for more information. The>p{Qpeny is not in
compliance with the CEB orders as of June 23,201 1.
Fines and cost to date are described as the following. Order item
number one and two, fines at the rate $200rer day for the period
between May 28, 2011 and June 23rd,2011, 27 days, for the total of
$5400. Fines continue to accrue.
Order item number five,opera.tional costs of $80.86 have not
been paid. Total amount to date is $5,480.86. And I have not been in
contact with the owneral1d hothing's been done.
VICE-CHAIRMAN KAUFMAN: Has this been part of the
foreclosure?
INVESTIGATOR PAUL: Yes it has. The bank has not taken
title to this property yet.
MR. LEFEBVRE: Make a motion to impose the fines.
MR. DOINO: Second.
VICE-CHAIRMAN KAUFMAN: Motion and a second. All
those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
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June 23, 2011
MR. LA VINSKI: Aye.
VICE-CHAIRMAN KAUFMAN: Aye.
INVESTIGATOR PAUL: Thank you very much.
VICE-CHAIRMAN KAUFMAN: That was the last case,
Colleen?
MS. DAVIDSON: Yes, sir.
VICE-CHAIRMAN KAUFMAN: Okay. That movesl.lsright
along to reports. Do we have any reports?
MS. FLAGG: We do.
As you know, every month I give you the weektrrafhas just
ended, the activities of the department. So for th~week>.ending June
12th there were 166 new code cases opened iQ:>t1l~!",,~ek. There were
618 property inspections completed that week.There were 128
property searches. These are the searchesthat -- so that's indicative
that the word is getting out on this newp{()~ram.
And of the 128 that were c01l1.pl~tedthat week, five of them did
find open code cases. So that pre~ented five opportunities for people
to know that trrere was a codevioHltion before they actually purchased
the property.
There's -- each investigator is carrying an average this week of 47
code cases.
To date, trreba~s have expended $2,150,800 on abating code
violations, and they have abated 1,736 violations since November,
2008 when w~>started the Blight Prevention Program.
Just.as a reminder, the banks continue to cooperate in addressing
the issl..lestrrat they can address, which is outside, the debris, the
broken.windows and those types of thing. But if they need a permit
forinternal items, they are not able to obtain a permit until they have a
certificate of title. So those cases will continue to come to you so that
we can get an order and then place a lien so that then it will be
corrected before an unsuspecting buyer buys the foreclosed home.
VICE-CHAIRMAN KAUFMAN: Can I ask you a question? On
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June 23, 2011
the five cases that you had where you found a problem, is there any
follow-up to see what actually happened after you found that?
MS. FLAGG: Yes, what we do is we notify the pros -- because
it's typically prospective buyers that are requesting to find out if
there's any code issues. Sometimes the buyers walk away. And
sometimes the buyers go ahead and purchase the property, and at that
point the code case transfers to their name, because as you kp.ow,the
code violation is the responsibility of the property owner.
But the advantage is, is that they went into it witht].1eireyes wide
open and so they're able to negotiate a better price forfheproperty if
they identify that there's code violations on the property.
VICE-CHAIRMAN KAUFMAN: I would.1Qveto see some of
those that are found out to be somehow a story, something published
that we can bring back to NABOR, to the realtors, to show them that
what's going on is actually helping. And.those are five potential cases
that are not going to come beforells.
MS. FLAGG: We can certainly put together a report and send it
to NABOR.
VICE-CHAIRMAN KAUFMAN: That would be great.
Okay, comments ar~next. I'd like to, on behalf of the board, I
think on a six to ope vote, wish Colleen lots of luck this weekend.
Colleen's getting married, so congratulations.
Our next meeting date is July 28th. And now Mr. Dean.
MR. DEAN~ Motion to adjourn.
VICE-CHAIRMAN KAUFMAN: We have a motion to adjourn.
MR. LEFEBVRE: Second.
VICE-CHAIRMAN KAUFMAN: All those in favor?
MR. L'ESPERANCE: Aye.
MR. DOINO: Aye.
MR. DEAN: Aye.
MR. MARINO: Aye.
MR. LA VINSKI: Aye.
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June 23, 2011
VICE-CHAIRMAN KAUFMAN: Aye.
MR. DEAN: See, after five years I learned something.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :32 a.m.
COLLIER COUNT~~()DE
ENFORCEMENT<~'6ARD
ROBERT KAUFMAN, Vice-Chairman
Transcript prepared on behalfofGregory Court Reporting Service,
Inc., by Cherie' R. Nottingham.
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