Code Enforcement Board

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 Code Enforcement Board Meeting – March 27, 2025 – 2:00 p.m. It is noted for the record that: 1) all documentation electronically appended hereto is also contained in the file for this meeting in the City Clerk’s Office; 2) Notary Public Ali Duran administered an oath to those intending to offer testimony and all responded in the affirmative; 3) all experts who testified during quasi-judicial proceedings were accepted as qualified to do so in their respective fields of expertise; and 4) all added attachments are referenced in red as “Added Attachment”. 1) Roll Call Members Present: Lee Davidson John Krol, Chair Michael Faucett Nicholas Spahr, Vice Chair Steven Greenwald Richard Landuyt Gregory Jarrett, Alternate Member 1 Members Absent: Maria Mair Sophia Abbott, Alternate Member 2 Staff Present: Matthew McConnell, City Attorney William Quinsey, Code Compliance Manager David Giron, Code Compliance Officer Matthew Ramos, Code Compliance Officer Robert Eschenfelder, Board Attorney Vanessa Acevedo, Administrative Coordinator Ali Duran, Executive Assistant Others Present Magner Tiuso Alan Bolton Kimberly Alvord 2) Pledge of Allegiance Chair Krol led the Pledge of Allegiance. 3) Approval of Minutes MOTION by Spahr to APPROVE the January 23, 2025 meeting minutes; seconded by Greenwald and carried 7-0 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair-absent, Spahr-yes, Krol-yes). January 23, 2025 Code Enforcement Board Minutes 4) Additions / Deletions / Corrections to Agenda / Motion to Accept Agenda Code Compliance Manager William Quinsey informed the Board that the respondents for Item 6.4 were present and asked to hear Item 6.4 immediately after Item 6.1. There was no objection from the Board. MOTION by Spahr to SET THE AGENDA, subject to hearing Item 6.4 immediately following Item 6.1.; seconded by Landuyt and carried 7-0 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair- absent, Spahr-yes, Krol-yes). 5) Staff Comments None.

Code Enforcement Board Meeting – March 27, 2025 – 2:00 p.m. 2 Docket 6.1) Case No. CEZONE202500422 - REPEAT VIOLATION; OWNER: PRGD HOUSE LLC; REGISTERED AGENT: CHARLES M KELLY JR; LOCATION: 4455 GORDON DRIVE; VIOLATION: Sec. 56-94. - Recreational facilities. Chair Krol read the title of the item. Code Compliance Manager William Quinsey and Code Compliance Officer Matthew Ramos testified on behalf of the City. Magner Tiuso, Attorney at Coleman, Taylor, Klaus, Doupé, Diaz, & Torrez, P.A. testified on behalf of the Respondent. Violation: Recreational facilities without required permit(s). Required Action: Appear before the City’s Code Enforcement Board on March 27, 2025. Remove all racquet sport equipment from the basketball court. Member Spahr informed the Board that his family had a long-standing business relationship with the respondent and requested to recuse himself. He was provided with a Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officials, which was completed and attached to the minutes. MOTION by Faucett in Case No. CEZONE202500422 to FIND based upon the testimony and evidence presented, that the conditions described by the Code Compliance Officer, in the Notice of Violation and at this hearing, exist on the dates, times, and place alleged; that the Respondent was duly notified that this was a repeat violation on February 28, 2025; and that the violation has not been corrected as of the date of the hearing; and that conditions described constitute a REPEAT VIOLATION of Section 56-94. – Recreational facilities, of the Naples City Code. The motion was seconded by Landuyt and carried 6-0-1 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair-absent, Spahr-abstain, Krol-yes). MOTION by Faucett in Case No. CEZONE202500422 to FIND that this Board, having considered the gravity of the violation, the effort(s) (if any) to comply, any other relevant violations, and the fact that this is a REPEAT VIOLATION, impose a fine of $500.00 for each day, commencing on February 28, 2025, and continuing each day thereafter that the violation has not been corrected. The motion was seconded by Jarrett and carried 5-1-1 (Davidson-yes, Greenwald-no, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair-absent, Spahr- abstain, Krol-yes). EXHIBIT A - Notice of Repeat Violation - Notice of Hearing EXHIBIT B - Affidavit of Personal Service EXHIBIT C - Affidavit of Posting at Property EXHIBIT D - Picture of Posting at Property EXHIBIT E - City Hall Posting EXHIBIT F - Findings of Fact February 21, 2024 EXHIBIT G - Port Royal Owners Association - Signed Document EXHIBIT H - Approved Site Plans - Revised Basketball Court Drawing EXHIBIT I - Email Thread - Petition Withdrawn Feb. 1, 2022 EXHIBIT J - Picture of Property Presentation (Staff Added Attachment) 6.1 - Form 8B Memorandum of Voting Conflict for County Municipal, and Other Local Business Officers (Spahr Added Attachment) 6.4) Case No. CEPM202401807 - OWNER: ALAN PAUL BOLTON; LOCATION: 1685 MULLET COURT; VIOLATION: Sec. 16-285. - Residential and commercial property maintenance. Chair Krol read the title of the item. Code Compliance Manager William Quinsey and Code Compliance Officer Matthew Ramos testified on behalf of the City. Owner Alan Bolton, with the assistance of Kimberly Alvord, Realtor at John R. Wood, testified as the Respondent.

Code Enforcement Board Meeting – March 27, 2025 – 2:00 p.m. 3 Violation: Roof in disrepair and in a state of deterioration. Required Action: Obtain permits to repair roof using like materials. MOTION by Spahr in Case No. CEPM202401807 to FIND, based upon the testimony and evidence presented: 1) the conditions described by the Code Compliance Officer, in the Notice of Violation and at this hearing, existed on the dates, times, and place alleged; and 2) the conditions described constitute a violation of Section 16-285. – Residential and commercial property maintenance, of the Naples City Code. The motion was seconded by Jarrett and carried 7-0 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair-absent, Spahr-yes, Krol-yes). MOTION by Spahr in Case No. CEPM202401807 to FIND that this Board, having considered the gravity of the violation, the effort(s) to comply, and any other relevant violations, order the respondent to correct the violation within 120 days from the date of the rendition of this order to correct, and if the violation is not corrected within such a period of time, a fine of $100 per day be imposed for each day thereafter that the violation has not been corrected. The motion was seconded by Greenwald and carried 7-0 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair- absent, Spahr-yes, Krol-yes). EXHIBIT A - Notice of Violation EXHIBIT B - Notice of Violation - Proof of Mailing EXHIBIT C - Notice of Violation - Return Receipt EXHIBIT D - Notice of Hearing EXHIBIT E - Notice of Hearing - Proof of Mailing EXHIBIT F - Notice of Hearing - Return Receipt EXHIBIT G - Affidavit of Posting at Property EXHIBIT H - Picture of Posting at Property EXHIBIT I - City Hall Posting Affidavit EXHIBIT J - Picture of Property (1) EXHIBIT K - Picture of Property (2) EXHIBIT L - Picture of Property (3) Presentation (Staff Added Attachment) 6.2) Case No. CERENT202500337 - RECURRING VIOLATION; OWNER: NICHOLAS & JESSICA DOMAN; LOCATION: 1100 ROYAL PALM DRIVE; VIOLATION: Sec. 58-231. - District purpose., Sec. 58-232. - Uses permitted. and Sec. 44-8. - Definitions. Transient lodging facility. Chair Krol read the title of the item. Code Compliance Manager William Quinsey testified on behalf of the City. Violation: Uses permitted in the R1-7.5 Zoning District; advertising and holding out to the public the property as a place regularly rented to guests for periods of less than 30 days; operating as a transient lodging facility. Required Action: Appear before the Code Enforcement Board for a hearing on March 27, 2025. MOTION by Spahr in Case No. CERENT202500337 to FIND that based upon the testimony and evidence presented: 1) the conditions described by the Code Compliance Officer, in the Notice of Violation and at this hearing, existed on the dates, times, and place alleged; and 2) the conditions described constitute a violation of Section Section 58-232. – Uses permitted., of the Naples City Code and that, since the violation has been corrected, no fine be imposed. Should a violation of the same nature be found, it will be deemed a REPEAT VIOLATION and treated as such. The motion was seconded by Jarrett and carried 7-0 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair-absent, Spahr-yes, Krol-yes). EXHIBIT A - Notice of Recurring Violation - Notice of Hearing

Code Enforcement Board Meeting – March 27, 2025 – 2:00 p.m. 4 EXHIBIT B - Notice of Recurring Violation - Notice of Hearing - Proof of Mailing EXHIBIT C - Notice of Recurring Violation - Notice of Hearing - Return Receipt EXHIBIT D - City Hall Posting Affidavit EXHIBIT E - Advertisement on Airbnb February 18, 2025 EXHIBIT F - Advertisement on Airbnb February 21, 2025 EXHIBIT G - Advertisement on Airbnb February 24, 2025 EXHIBIT H - Advertisement on Airbnb February 28, 2025 EXHIBIT I - Advertisement on VRBO February 28, 2025 EXHIBIT J - Corrected Advertisement on Airbnb March 4, 2025 EXHIBIT K - VRBO Reviews EXHIBIT L - Corrected Advertisement on VRBO March 19, 2025 Presentation (Staff Added Attachment) 6.3) Case No. CERENT202500505 - REPEAT VIOLATION; OWNER: JAMES T AND VICKIE W PECK; LOCATION: 611 18th AVENUE SOUTH; VIOLATION: Sec. 58-171. - District purpose, Sec. 58-172. - Uses permitted. and Sec. 44-8. - Definitions. Transient lodging facility. Chair Krol read the title of the item. Code Compliance Manager William Quinsey testified on behalf of the City. Violation: Holding out to the public the property as a place regularly rented to guests for periods less than 30 days; operating as a transient lodging facility. Required Action: Remove all advertisements holding the property out to the public for more than 30 days. Due to this being a repeat violation, this matter is scheduled to be heard before the Code Enforcement Board on March 27, 2025. MOTION by Spahr in Case No. CERENT202500505 to FIND based upon the testimony and evidence presented, that the conditions described by the Code Compliance Officer, in the Notice of Violation and at this hearing, exist on the dates, times, and place alleged; that the Respondent was duly notified that this was a repeat violation on March 17, 2025; and that the violation has been corrected as of the date of the hearing; and that conditions described constitute a REPEAT VIOLATION of Section 58-172. – Uses permitted., of the Naples City Code. The motion was seconded by Davidson and carried 7-0 (Davidson-yes, Greenwald-yes, Jarrett-yes, Faucett-yes, Landuyt-yes, Mair- absent, Spahr-yes, Krol-yes). MOTION by Jarrett in Case No. CERENT202500505 to FIND that this Board, having considered the gravity of the violation, the effort(s) (if any) to comply, and any other relevant violations, and the fact that this is a REPEAT VIOLATION, impose a fine of $500.00 for each day, from March 17, 2025 through March 24, 2025, totaling $4,000.00. The motion was seconded by Spahr and carried 6-1 (Davidson-yes, Greenwald-no, Jarrett-yes, Faucett- yes, Landuyt-yes, Mair-absent, Spahr-yes, Krol-yes). EXHIBIT A - Notice of Repeat Violation - Notice of Hearing EXHIBIT B - Notice of Repeat Violation - Notice of Hearing - Proof of Mailing EXHIBIT C - Affidavit of Posting at Property EXHIBIT D - Picture of Posting at Property EXHIBIT E - City Hall Posting EXHIBIT F - Findings of Fact January 25, 2024 EXHIBIT G - Advertisement on Airbnb March 17, 2025 EXHIBIT H - Advertisement on VRBO March 17, 2025

Code Enforcement Board Meeting – March 27, 2025 – 2:00 p.m. 5 EXHIBIT I - VRBO Reviews EXHIBIT J - Advertisement on Airbnb March 18, 2025 EXHIBIT K - Advertisement on VRBO March 18, 2025 EXHIBIT L - Corrected Advertisement on VRBO March 24, 2025 Presentation (Staff Added Attachment) 7) Next Meeting Date: April 24, 2025 8) Adjournment 3:18 p.m. ___________________________________ John Krol, Chair _____________________________________ Patricia L. Rambosk, City Clerk Minutes Prepared by: _____________________________________ Ali Duran, Executive Assistant Minutes Approved: 04/24/2025.