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CEB Minutes 09/23/2021September 23, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida September 23, 2021 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Danny Blanco Chloe Bowman Sue Curley Kathleen Elrod Lee Rubenstein George Andreozzi, Alternate Tariq N. Ayasun, Alternate ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board (attending remotely) September 23, 2021 Page 2 CHAIRMAN KAUFMAN: We're ready, Helen? MS. BUCHILLON: Good morning. CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to 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 record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. So to begin with, if you have cell phones, good time to silence them, and if you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman. CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre. MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod. MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco. September 23, 2021 Page 3 MR. BLANCO: Here. MS. BUCHILLON: Ms. Sue Curley. MS. CURLEY: Here. MS. BUCHILLON: Mr. Lee Rubenstein. MR. RUBENSTEIN: Here. MS. BUCHILLON: George Andreozzi. MR. ANDREOZZI: Here. MS. BUCHILLON: Mr. Tarik Ayasun. MR. AYASUN: Here. MS. BUCHILLON: And Chloe's not present at the moment. CHAIRMAN KAUFMAN: Okay. I'd like to welcome Lee Rubenstein, who was moved from alternate to member. Welcome aboard. MR. RUBENSTEIN: Thank you. CHAIRMAN KAUFMAN: And we have a new alternate. Tarik. Welcome. MR. AYASUN: Thank you. CHAIRMAN KAUFMAN: I guess that brings us to the approval of the minutes. Has anybody got any comments on the minutes? (No response.) CHAIRMAN KAUFMAN: Did everybody receive the minutes? (No response.) CHAIRMAN KAUFMAN: I didn't. Did anybody else receive the minutes? (No response.) CHAIRMAN KAUFMAN: No. That's unanimous. MS. BUCHILLON: Elena says she forwarded them to you. CHAIRMAN KAUFMAN: Okay. Well, I don't want to approve the minutes until we see the minutes, obviously. So September 23, 2021 Page 4 we'll approve the minutes at our next meeting. MS. BUCHILLON: Okay. No problem. CHAIRMAN KAUFMAN: Okay. Okay. Which brings us to the agenda. MS. BUCHILLON: We do have changes. We have two imposition -- I mean, stipulations, and we have some withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First stipulation under Hearings, No. 9, CESD20200009039, Kurt Clapper and Tricia Clapper. Next stipulation, No. 3, CEVR20210003024, Tuscany Pointe Community Association, Inc. And then for the withdrawns. Under public Hearings, D, hearings, No. 2, CEPM20210002299, Nina Diaz and Lucia Marrero and Alfredo Diaz, have been withdrawn due to compliance efforts. Number 4, CESD20210002284, Margot Ricardo and Magdiel Gonzalez, has been withdrawn due to compliance efforts. Number 6, CESD20200011027, 34102 Investments, LLC, has been withdrawn due to compliance efforts. Number 7, CELU20210009059, Grider Revocable Living Trust, has been withdrawn. It has come into compliance. Number 10, CESD20200013730, Peggy L. Mills, has been withdrawn due to compliance efforts. Number 11, CELU20210006517, 117 [sic] Riggs Road, LLC, has been withdrawn due to compliance efforts. And those are all the changes for now. CHAIRMAN KAUFMAN: How about the impositions; any of those withdrawn? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Terri, you're going to have a busy day today. Okay. Get a motion from the Board to accept the agenda as September 23, 2021 Page 5 modified. MS. BOWMAN: Make a motion. MS. BUCHILLON: I skipped one. I'm sorry. CHAIRMAN KAUFMAN: Too late. Go ahead. MS. BUCHILLON: Number 8 under Hearings, CESD20210005211, Charles S. Miller and Kathleen A. Miller, has been withdrawn due to compliance efforts. And that's it. CHAIRMAN KAUFMAN: Are you sure? MS. BUCHILLON: I think so. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you want to hear the stips first, or do you want to hear the motions for extension of time first? MS. BUCHILLON: Extension of time first. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First case, under motion for extension of time, CESD20190003400, Carlos Arreaga and Veronica Arreaga. (ELIZABETH GARNELO, the interpreter, was sworn to truly and September 23, 2021 Page 6 correctly interpret English into Spanish and Spanish into English.) MS. GARNELO: I do. (The speakers were duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. MS. ARREAGA: I do. MS. GARNELO: I do. CHAIRMAN KAUFMAN: Michele, good morning. MS. GARNELO: Good morning. CHAIRMAN KAUFMAN: Everybody is all sworn? Can I get your name? MS. GARNELO: Elizabeth, E-l-i-z-a-b-e-t-h, Garnelo, G-a-r-n-e-l-o. CHAIRMAN KAUFMAN: Okay. I see the first case by the number began in 2019; is that correct, Michele? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. Do we have a letter on this requesting an extension of time? MS. McGONAGLE: Yes. MS. BUCHILLON: You should have a copy. MS. McGONAGLE: It was an e-mail. CHAIRMAN KAUFMAN: Okay. Why don't we begin. You're requesting an extension of time? MS. ARREAGA: Yes. CHAIRMAN KAUFMAN: Could you tell us why? MS. CURLEY: Is there two cases with this? MS. BUCHILLON: They're scheduled for imposition of fines, too. MS. ARREAGA: My name is Veronica Arreaga. She can explain. THE INTERPRETER: She says she hasn't finished because... CHAIRMAN KAUFMAN: Can't hear you. Can you move the September 23, 2021 Page 7 microphone. Okay. THE INTERPRETER: She says she's currently in a program with Florida Review, and it hasn't been completed yet. And they communicated with them that one of the -- the project includes demolition of the dwelling, and she said that that's a good option for her because it removes this case. They're going to, like, demolish the whole thing. Yeah, she said it's a government program, so it's a little slow for the commencement of the work. (Chloe Bowman is now present in the boardroom.) CHAIRMAN KAUFMAN: Let me ask a question, because I don't quite understand. Our writeup here says a guesthouse was added, a lean-to storage, a covered porch, all without permits; is that correct? THE INTERPRETER: She said that they pulled permits, but it was never completed. CHAIRMAN KAUFMAN: And the permits were pulled in 2019? THE INTERPRETER: She said it was before. CHAIRMAN KAUFMAN: Before 2019? THE INTERPRETER: She's saying 2019 is when they started with the Florida Review. CHAIRMAN KAUFMAN: Okay. And what has been done since they started construction to now? Why are you coming to us now asking for us to continue? THE INTERPRETER: She wants to know what construction permit are you talking about. MS. McGONAGLE: Mr. Kaufman, if I may? CHAIRMAN KAUFMAN: Yes, please, Michele. MS. McGONAGLE: The lean-to that was built has been removed. There was also a violation for -- some plumbing that was added under the carport area has been removed. September 23, 2021 Page 8 The garage has been there since around the same time the house was built in the -- well, the house was built in the '30s. I believe that was built in the early '90s. There was no permit for that garage. They had added some plumbing to that. They had somebody living in there. There isn't anyone living in the structure anymore. They were working with the contractor. They pulled permits to have that garage removed, and there's also -- part of this order is for a 1996 permit for the carport that was never finaled. They were working on all of that, but then when they found out how much money it was going to cost them to get it permitted, they found out about this Rebuild Florida Program. So they've applied for that program. They've been approved. They are in the process of getting the drawings and everything and measurements for the house. Under this program, they will be demolishing and rebuilding the house as well as the garage. So as soon as the demolition takes place, that will satisfy the code cases. At this point they haven't applied for permits yet. They're still in that process. That's why she's requesting the extension of time. CHAIRMAN KAUFMAN: And the extension is how many days? Months? MS. CURLEY: A year. MS. McGONAGLE: In the e-mail -- the e-mail's up on the board. They've asked a year. MS. CURLEY: So we have an e-mail under this woman's signature? MS. McGONAGLE: Yes, yes. MS. CURLEY: And then the person that signed the extension's name is Carlos, but he's not here today? MS. McGONAGLE: Correct. That's her husband. MR. BLANCO: Mr. Chairman, if I may. Since the county just stated that the respondent was approved for the project by Rebuild September 23, 2021 Page 9 Florida, and according to her e-mail, and you confirmed this, I'm assuming, that it's going to take them 12 months to demolish the structure, and I believe the primary house is part of that project as well. They're going to demolish everything and then rebuild a brand-new house for her. MS. McGONAGLE: Yes. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: We've heard lots of cases, and I've never heard of a case that takes a year to do a demolition. MS. CURLEY: Well, specifically, the e-mail that this woman has sent us says that on May 12th, Rebuild Florida approved to fund the entire cost. So that was May 12th. And they're accruing fines since September. And there's another -- same case is here for the imposition of fines. So when the imposition of fines go on to public record, that's going to change the agreement with their Rebuild Florida unless there's some stipulation there that allows them to have, you know, liens or whatnot on the property. I don't know specifically about that, but the propensity for this to be fluid and not be as it sounds -- MS. GARNELO: The defendant wanted to say also that she doesn't have any kind of -- she's saying that she doesn't have any decision in how, when, what time, because something -- they almost, like, gift the program to her, and she has to wait whatever time they do the case. So she just came to make sure that you guys know that she's taking care of the issue, and as soon as everything is approved and they start doing the thing -- but she doesn't have any say-so of when they're going to start or, you know, how long it takes. MS. CURLEY: Was she able to bring anything to show us that she was approved other than her letter? CHAIRMAN KAUFMAN: Jeff, are you familiar with this Florida Rebuild? September 23, 2021 Page 10 MS. GARNELO: She says she has everything by e-mail that she can forward to you. MR. LETOURNEAU: I'm not, unfortunately. CHAIRMAN KAUFMAN: Okay. The county brought this to the Board today. So I'm a little bit at a loss as to where we go from here. I'm reluctant to grant a year to do demolition. You -- probably what's holding this up now is the funding. MR. LETOURNEAU: Like, as always -- for the record, Jeff Letourneau, Collier County Code Enforcement. As always, our main goal is compliance. I don't believe there's any health and safety issues at this time. MS. McGONAGLE: No. MR. LETOURNEAU: And we would not object to any kind of continuance at this point. CHAIRMAN KAUFMAN: And I just wanted to ask, not to be a pain in the neck, why did the county bring this to us at this time? MS. McGONAGLE: Because they requested the extension of time. Their compliance date was actually yesterday. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: And that's why -- they had been -- excuse me. They had been instructed that if they still weren't in compliance and it was approaching the compliance date, to come in and request more time and explain where they were in that process. They've been very good about communicating and keeping me updated on where everything is at. That's why we brought this. But because we were already here today for the extension of time and the compliance date was yesterday, that's why they were put on the agenda for imposition of fines, in case they weren't approved for the extension. MS. CURLEY: Oh. So if we extend this, then there's no -- then the fine component falls off? September 23, 2021 Page 11 CHAIRMAN KAUFMAN: No. MS. McGONAGLE: Yes, because their compliance date was yesterday. MS. CURLEY: Right. MR. LETOURNEAU: If you continue it -- it's as always. If you continue it, the fines continue to run. CHAIRMAN KAUFMAN: Continue to accrue. MR. LETOURNEAU: And I want to say, I don't know if you recall last hearing we had an extension request, and we didn't have the imposition on there, and there was a little bit of confusion, so -- you know, we're just going to try to pair those together from now on. CHAIRMAN KAUFMAN: Yeah. So if the continuation is not granted, then you're going to hear the imposition? MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: Okay. So -- MS. CURLEY: So what about if we do, like, six months from yesterday, and then it never got to the fining position? And then -- it seems like maybe Carlos, her other owner, might have more involvement in what's going on here? Is that who you communicate with? MS. McGONAGLE: No, I communicate with both of them, but Veronica is actually the one that does most of the paperwork and the communication and everything. Her English isn't as good as Carlos, so he's the one that I normally speak with, but they've both been -- MS. BOWMAN: She wrote this e-mail. MS. McGONAGLE: Yes, yes. MS. CURLEY: This lady. MS. GARNELO: Well, he wrote it -- pardon me. She wrote it with my help. September 23, 2021 Page 12 MS. CURLEY: Yeah, because she's not telling us any of this. MS. GARNELO: Yeah. MS. CURLEY: So it would be better if both of them came so we could feel more confident that what was happening was really actually happening. CHAIRMAN KAUFMAN: Gerald. MR. LEFEBVRE: What I would like to have seen this letter is from the 20th of last month, and it states that this lady was going to send information e-mailing documentation. That documentation would have been helpful today to show that she is in the program, that she's been approved, and if there was any -- I'm not finished -- and if there was any dates of when they can expect things to be done. We don't have any of that, so we're just going on her word. We'd like to have evidence. MS. GARNELO: What lady are you talking about? Are you talking about Veronica or the other person? Because they forwarded that. MR. LEFEBVRE: Martha. Martha Kalazo (phonetic). MS. GARNELO: Yeah. She forwarded with the e -mail. The e-mail had an attachment, and it had that forward with the same. MS. CURLEY: But we don't have that. In addition, the second paragraph says, the project is anticipated to be completed within the next 12 months. That means the demolition, the house, the rebuild, the whole thing. So we're not going to wait 12 months for this one code thing, which is -- has nothing to do with the primary house. We're only interested in about 10 percent of what you've got going on now. So a small little violation became this massive undertaking for them, and that's not really our project today. MR. BLANCO: Mr. Chairman, if I may just comment on it. As Jeff just stated, the county's purpose here, I think, our purpose, is compliance. We have a non-for-profit group here trying to build, September 23, 2021 Page 13 you know, the respondent a brand-new property, and that will take care of all the code cases. And if there's no health and safety issue, I think it would be the right decision for this board to grant a continuance or the extension of time for the year. I know hiring a contractor takes at least four to six months to build a brand-new house, and that's if you're paying for it. Imagine having a group paying for all of that, so... CHAIRMAN KAUFMAN: Danny, I understand what you're saying, and I also understand what Gerald's saying. This is all words which you can't see in writing. What Gerald was asking for, which I think is apt, is show me the application, the approval, et cetera, those e-mails that were not provided to us. MS. CURLEY: Well -- and I don't know Rebuild Florida's non-for-profit. They're mortgaging it, and they're building it for them, but that doesn't have anything to do with -- MS. ELROD: Have you seen any of the paperwork? MS. McGONAGLE: Eric just showed me they had applied for a permit under Rebuild Florida to replace the windows and doors, and I'm not sure what the application -- CHAIRMAN KAUFMAN: That wasn't the violation. MS. McGONAGLE: -- was. Pardon? No, it wasn't, but that was part of that whole Rebuild Florida thing, but then that -- I believe that because of the age of the house and once they got more involved with it -- because they haven't moved any further forward with that permit because now they're going to demo the house. So there is -- there had been a permit submitted to the county from Rebuild Florida that they are working. So this -- this is an ongoing thing. I have already explained to her that once the garage and the carport are demoed, that that will take care of the code violations. We don't have to wait for the house to be completely built. CHAIRMAN KAUFMAN: Right. September 23, 2021 Page 14 MS. McGONAGLE: Depending on where we are with everything, if you don't want to grant a year, the county doesn't have any objection to any time that you would grant, but they are working on it. CHAIRMAN KAUFMAN: Gerald. MR. LEFEBVRE: The respondents have done certain things to try to correct the violation. It seems like there is some good will there. So I make a motion that we continue the case for four months, 120 days. CHAIRMAN KAUFMAN: And if it's not done by that time, come back with whatever you need, should the motion pass. MR. LEFEBVRE: Right. Hopefully by then they have the demo permit. MS. CURLEY: But the definition of done is in compliance with this case. We don't care about the houses and the structures they're doing. I mean, demo whatever the problem is here with the proper permits, and get out of our -- MR. LEFEBVRE: Correct, the demo -- MS. CURLEY: Get off our agenda. MS. ELROD: Second the motion. CHAIRMAN KAUFMAN: Okay. The motion's been seconded. Just a quickie. The -- once you start building a new house, I guess the first thing you have to do is get rid of the other house, so that will be done way in advance of this being done. MS. McGONAGLE: Right. CHAIRMAN KAUFMAN: So I think that the motion is valid. After four months we can see what's going on. We've been approved for the money, blah, blah, blah, whatever it is, and we can go from there. If it isn't, come back with documentation that shows they're going to fund it as of such and such a date or whatever. September 23, 2021 Page 15 MR. LEFEBVRE: Also operational costs paid within 30 days. CHAIRMAN KAUFMAN: Right. MS. McGONAGLE: Is this a continuance or granting the extension of time? CHAIRMAN KAUFMAN: Continuance. MR. LEFEBVRE: Continuance. CHAIRMAN KAUFMAN: Okay. We have a motion. Any more discussion on the motion? MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: It's been seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So you have a continuance. In four months, hopefully you'l l be on the way, and the first thing they'll do is make room for the new house by taking out the old one, which has the garage, right? MS. CURLEY: Correct. MS. McGONAGLE: The garage is separate. The carport is part of the house. CHAIRMAN KAUFMAN: Okay. But the garage is part of the violation? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. September 23, 2021 Page 16 MS. McGONAGLE: Thanks. MS. GARNELO: Thank you. MS. BUCHILLON: Next case. CHAIRMAN KAUFMAN: Next case. MS. BUCHILLON: Under motion for Extension of Time, No. 2, CEVR20200000062, William E. Christ and Roseanne R. Christ. MR. CATHEY: I do. MR. SCHMACHTENBERG: I do. CHAIRMAN KAUFMAN: Could you state your name on the mic for us, please. MR. SCHMACHTENBERG: Good morning. I am Lee Schmachtenberg. I'm a Florida attorney. My office is on Marco Island, Florida, and I'm here on behalf of the Christs. We're seeking a motion for an extension of time. They were to complete the remediation on the property by August 24th, and they did not meet that deadline. The reason -- the reasons they have are extreme extenuating circumstances. Mr. Christ, in November of 2020, was diagnosed with Stage 4 lymphoma cancer. He went -- underwent an extensive cancer treatment, and in May of 2021, it was determined that the cancer treatment did not take care of his situation, so then he went to a second tier of cancer treatment. At that point in time, he contracted COVID-19, went into the hospital with COVID-19 pneumonia. He is recovering now, and he's just starting his second round of cancer treatment for his lymphoma. Meanwhile, I am glad -- and I have a letter from his doctor with respect to all of that medical information. But, meanwhile, there was a restoration plan that was prepared by Turrell, and I have copies of that restoration plan. The restoration plan was completed on August 5th, 2021. It was sent over to September 23, 2021 Page 17 Michaelle Crowley who, on August 23rd, approved the plan. And then on September 3rd -- I have a copy of the contract -- he went into contract with Affordable Landscaping Service and Design, LLC, on Marco Island. I've been in touch with the owner of Affordable Landscaping. They have obtained the plants that are required under the restoration plan, and planting is in process. And I've been in contact with Ryan Cathey, and he has observed that the plantings are in process. CHAIRMAN KAUFMAN: Okay. Any idea when it's going to be done? MR. SCHMACHTENBERG: I believe that two to three months it should be completed. Now, the plan is that they are going to be putting in a house on the property. So after those plans are submitted for permit, then there may be some modification to the restoration plan. But the plan right now is to complete the plantings in accordance with the restoration plan that exists right now that have been approved. CHAIRMAN KAUFMAN: I think, if I'm not mistaken, once you pull a permit for a new dwelling, the case goes away. Am I correct, Ryan? MR. CATHEY: Not completely. CHAIRMAN KAUFMAN: Well, am I partially right, then? MR. CATHEY: Well, they have the option of completing the restoration plan or building a home, which affects what was cleared on the property. CHAIRMAN KAUFMAN: Right. Once you get a permit, though, you can clear up to an acre, blah, blah, blah, blah, blah. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. So do you have any idea when you're going to pull a permit on the construction? MR. SCHMACHTENBERG: It appears from the contractor September 23, 2021 Page 18 that in about a month they should have the plans ready for pulling a permit. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to continue this case for 120 days. MR. BLANCO: I'll second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. CURLEY: Is that enough? MR. LEFEBVRE: He's saying -- MR. SCHMACHTENBERG: I think 120 days should at least get us into the permit process. MS. BOWMAN: Should we allow -- MR. SCHMACHTENBERG: Eight to 12 weeks. I stand corrected. Eight to 12 weeks. MS. CURLEY: Let's just -- let's just not talk about your -- the house thing. I want to talk about the restoration. MR. LEFEBVRE: The restoration plan. CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: He said -- MS. CURLEY: Again, here we, like, put another issue that we don't care about on top of an issue that we care about. So the issue is the restoration plan that you have, and you said it's going to be done in... MR. SCHMACHTENBERG: Two to three months. CHAIRMAN KAUFMAN: Once the permit is pulled on the dwelling -- MS. CURLEY: I don't care about that. CHAIRMAN KAUFMAN: I know you don't care about it, but the code case goes away; in other words, if you clear some property September 23, 2021 Page 19 and you have a building -- MS. CURLEY: I know you said that. CHAIRMAN KAUFMAN: So, okay -- MS. CURLEY: It might not happen. The man's ill. CHAIRMAN KAUFMAN: Okay. Well, we have a motion, and we have a second. MR. LEFEBVRE: With operational costs being paid within 30 days. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Fines continue to accrue? MR. LEFEBVRE: That's correct. It's a continuance, not an extension. CHAIRMAN KAUFMAN: Continuance. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: I just want to point out one thing. If they go with the restoration plan, plant the plants, done deal, case closed. Ryan does an affidavit of compliance. If they have to use the house to complete the abatement, theoretically the code case wouldn't go away until the CO is issued on the house just because if something happened, they get the permit, the house never gets built or whatever, they're still back in that same situation right there. September 23, 2021 Page 20 MR. SCHMACHTENBERG: Well, I believe that the plan is to complete the restoration plan as required and as approved, and that will end the case. MR. LETOURNEAU: And it's a done deal at that point. But if you're relying on the house to be built, we would have to keep the case open until the CO. MR. SCHMACHTENBERG: No. We're going to complete the restoration plan as approved. CHAIRMAN KAUFMAN: One way or another you'll be back, I'm sure, to discuss that it's been abated and the fines that are there need to be disposed of one way or the other. So we will see you at that time. MR. SCHMACHTENBERG: And that's 120 days, is that what the approval -- CHAIRMAN KAUFMAN: Yes. MR. SCHMACHTENBERG: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MR. CATHEY: Thank you. MS. BUCHILLON: Next case, No. 3, CESD20210000507, Rainer Rizo. (The speakers were duly sworn and indicated in the affirmative.) MS. COUTIN: I do. MR. AVULA: I do. MR. RIZO: I do. CHAIRMAN KAUFMAN: And could you state your name on the microphone for us. You can -- you guys are tall. You can point it up. Go ahead. MR. AVULA: Okay. My name is Andre, and this is Rizo. So I'm just here for translator. So, first of all, I'm going to apologize for my dress code. I didn't know I was coming to court. He just tell me, can you -- September 23, 2021 Page 21 CHAIRMAN KAUFMAN: You don't have to wear a dress here. That's okay. MR. AVULA: Sorry. I just want to apologize. CHAIRMAN KAUFMAN: That's okay. Give us your last name also. MR. AVULA: Avula (phonetic), Andre Avula. And let Terri swear you in as an interpreter. (ANDRE AVULA, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. And the respondent, could you say your name on the microphone for us. MR. RIZO: Mi nombre Rainer Rizo. CHAIRMAN KAUFMAN: Okay. All right. Why don't you give us a brief summary of this case, and then we'll go to the respondents -- MS. COUTIN: Sure. CHAIRMAN KAUFMAN: -- who are asking for an extension. MS. COUTIN: So this case came before the Board on May 24th, I believe. They did sign a stipulation agreement. They didn't know that -- so it's for a garage conversion and a lanai conversion as well; they enclosed a lanai. Their permits are issued, and they're valid. They're valid till February, but their compliance date is tomorrow. So when they went to go ask for the inspections, they weren't aware that they were going to have to cut walls and that it was going to be a lengthy process for inspections, so they called in about 12 inspections. They were told this information, so now they're needing to go in and cut walls to call in these inspections again. CHAIRMAN KAUFMAN: Okay. And the respondents have talked to you about -- September 23, 2021 Page 22 MS. COUTIN: Yes. CHAIRMAN KAUFMAN: -- a continuance of how long? MS. COUTIN: They want to do about 120 days. THE COURT REPORTER: Could you state your name. CHAIRMAN KAUFMAN: Okay. So you didn't have to do too much -- MS. COUTIN: Investigator Saylys Coutin, Code Enforcement. CHAIRMAN KAUFMAN: Thank you. Okay. Questions, comments from the Board. MS. ELROD: Make a motion to extend for 120 days. MR. BLANCO: I'll second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second for an extension. All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MS. CURLEY: Excuse me. I misspoke. For a continuance. Okay. MS. ELROD: I was going to ask you. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 23, 2021 Page 23 CHAIRMAN KAUFMAN: It carries unanimously. MR. AVULA: Thank you. MS. COUTIN: Thank you. CHAIRMAN KAUFMAN: Good luck on your inspections. Next time you wear a dress, put flowers on it. MS. BUCHILLON: Next up, stipulations. First stipulation, under hearings, No. 9, CESD20200009039, Kurt Clapper and Tricia Clapper. (The speaker was duly sworn and indicated in the affirmative.) MR. SHANAHAN: Yes. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MR. SHANAHAN: Good morning. For the record, Bill Shanahan, Collier County Code Enforcement. CHAIRMAN KAUFMAN: I don't remember seeing you. MR. SHANAHAN: I've been here a few times. CHAIRMAN KAUFMAN: It must be my memory, then. MR. SHANAHAN: Two years an investigator. I'm nondescript. I fly under the radar as much as I can. CHAIRMAN KAUFMAN: There you go. MS. CURLEY: I like that. CHAIRMAN KAUFMAN: Do you want to go through the stipulation? MR. SHANAHAN: Yes, sir. It's agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted shed within 120 days of this hearing, or a fine of $200 per day will be September 23, 2021 Page 24 imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments on the stipulation? MS. ELROD: Motion to accept. MS. CURLEY: I do. CHAIRMAN KAUFMAN: Okay. Comments. MS. CURLEY: I just noticed that the case number is from 2020? Was there a long time where there wasn't any action from the property owners? MR. SHANAHAN: No, ma'am. He actually had a contractor install the shed. And him and his wife both thought that the contractor pulled a permit only to find out that they didn't, and so he's scrambling to try to get the permit. They do have a permit application in. It is being worked, just not in time for the hearing, so... MR. BLANCO: I'll second the motion. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) September 23, 2021 Page 25 MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SHANAHAN: Thank you. CHAIRMAN KAUFMAN: A quick question before you go. Did this come over from Contractors Licensing at all? MR. SHORT: Contractor Licensing did actually do their own thing with the contractor, yes, sir. CHAIRMAN KAUFMAN: Okay. I'm just curious how some cases come before us. MS. BUCHILLON: Next stipulation, No. 3, CEVR20210003024, Tuscany Pointe Community Association, Inc. MS. COUTIN: I do. MR. WELCH: I do. CHAIRMAN KAUFMAN: If you could state your name on the microphone for us. MR. WELCH: James Welch, board president. CHAIRMAN KAUFMAN: Okay. And you have the authorization to speak for Tuscany Pointe? MR. WELCH: Yes, I do. CHAIRMAN KAUFMAN: Okay. And you have the stipulation? MS. COUTIN: I do. CHAIRMAN KAUFMAN: And would you like to read this into the record for us. MS. COUTIN: Good morning. For the record, Investigator Saylys Coutin, Collier County Code Enforcement Board. Therefore, it is agreed between the parties that the respondent shall: September 23, 2021 Page 26 One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by restoring and maintaining the required landscape Type B buffer as indicated on the approved landscaping plan for Tuscany Pointe 2 within 60 days of this hearing, or $150 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site visit to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: You said 50 days on this, five oh? MS. COUTIN: Sixty, six zero. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? MR. LEFEBVRE: Does this require any kind of plan being submitted to the county? MS. COUTIN: So they already put in the new plants, and they're turning in an ICP, so insubstantial change of plan, because they changed the type of plan. So he's already been in contact with Mr. Templeton down in planning, and he's already got that submitted. He just needs to get that approved. MR. LEFEBVRE: So it's more administrative than anything else? MS. COUTIN: Yeah. MR. LEFEBVRE: Why the shorter period, because if he had to go through -- MS. COUTIN: Exactly, yeah. So he wanted to get the September 23, 2021 Page 27 plantings in when it was rainy season. Rainy season's in, they're in, they're in healthy condition right now. So he just has to get that approval from the county first -- afterwards. MR. LEFEBVRE: Is there irrigation? MR. WELCH: Yeah. We installed more drip lines. MR. LEFEBVRE: Okay. Good, good. CHAIRMAN KAUFMAN: Are they clusia, by any chance? MR. WELCH: That's what we installed. CHAIRMAN KAUFMAN: What a surprise. MS. ELROD: Motion to accept the stipulation as written. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. With clusia, you don't have to water; you don't have to do anything. It just grows. MR. WELCH: Thank you. MS. COUTIN: Thank you. MS. BUCHILLON: Next -- I'm sorry. CHAIRMAN KAUFMAN: Don't be sorry. MS. BUCHILLON: Next case, under motion for imposition of fines, No. 2, CEPM -- September 23, 2021 Page 28 CHAIRMAN KAUFMAN: Wait. Can I stop you one second? MS. BUCHILLON: Sure. CHAIRMAN KAUFMAN: You're going to the imposition now because nobody for the hearings is present; is that correct? MS. BUCHILLON: Yeah, we only have one case under hearings, which they're not here. CHAIRMAN KAUFMAN: Okay. I just was curious as why we're -- MS. BUCHILLON: Yeah. Everything else was withdrawn under hearings but that case. MS. CURLEY: This gentleman in the red shirt, did he ask if he could go ahead of time? MS. BUCHILLON: Imposition of fines. CHAIRMAN KAUFMAN: Gerald just looked. He thinks there are two cases. MR. LEFEBVRE: Do we have Case No. 1 and No. 5 under hearings? MS. BUCHILLON: All right. But they're not here. MR. LEFEBVRE: Neither are here. Okay. MS. BUCHILLON: Under imposition of fines, No. 2, CESD20190010316, Albert F. Lepree and Lorraine M. Fotiou. (The speakers were duly sworn and indicated in the affirmative.) MS. FOTIOU: I do. MS. PATTERSON: I do. CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. CHAIRMAN KAUFMAN: We're back to Sharwood again. MS. PATTERSON: Yes. So good morning. For the record, Sherry Patterson, Collier County Code Enforcement. The past orders of the Board, on September 24th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law September 23, 2021 Page 29 and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5832, Page 10, for more information. The violation has been abated by August 24th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 24th, 2020, to August 24th, 2021, for 244 days, for a total fine amount of $24,400. Previous assessed operational costs in the amount of 59.28 have been paid, operational costs for today's hearing is 59.35, for the total amount of $24,518.63. CHAIRMAN KAUFMAN: Okay. MS. FOTIOU: Hello. CHAIRMAN KAUFMAN: Good morning. MS. FOTIOU: My name is Lorraine Fotiou. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: The amount you read was wrong. MS. PATTERSON: $24,518.63? MS. ELROD: That's not what we have. MS. BUCHILLON: No. It's 24,059.35. MS. PATTERSON: Okay. MS. FOTIOU: Oh, that's much better. MS. CURLEY: What a relief. CHAIRMAN KAUFMAN: I can see the relief on your face. MR. LEFEBVRE: Twenty-four -- CHAIRMAN KAUFMAN: Okay. I remember all the cases that we heard from Sharwood, and it seemed to be that -- MS. FOTIOU: Palm River. CHAIRMAN KAUFMAN: -- there was a problem with the state getting licensed people in there to do some of the work. Is that the case here? MS. FOTIOU: My partner is a boat captain. He works on a September 23, 2021 Page 30 private yacht. He's on the yacht in the Atlantic or Caribbean about 50 weeks out of the year, so he's only home, you know, a week here and a week there, you know, two to three weeks out of the year, basically. And he pretty much did the work himself. So it took him a long time to get the work done, but he did finally get it done, so... MR. LEFEBVRE: I make a motion to -- CHAIRMAN KAUFMAN: Deny. MR. LEFEBVRE: -- deny the county's imposing of the fines. MS. CURLEY: Second. MR. BLANCO: I'll second. MS. FOTIOU: Thank you. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, any those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. FOTIOU: Thank you so much. MS. CURLEY: Does it look nice? MS. FOTIOU: It looks very nice. MS. CURLEY: So you had to bring him to court to get it gone done, right? MS. FOTIOU: Yeah, yeah. It's a nightmare. September 23, 2021 Page 31 CHAIRMAN KAUFMAN: Thank you very much. MS. FOTIOU: Thank you. MR. LEFEBVRE: Thank you. MS. BUCHILLON: Next case, No. 5, CESD20200002928, Robert Douglas Hodge and Susan Norma Goldhorn. THE COURT REPORTER: Can I get your name? MS. GOLDHORN: Susan Goldhorn. (The speakers were duly sworn and indicated in the affirmative.) MS. GOLDHORN: Yes. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. GOLDHORN: Susan Goldhorn. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So you purchased this property with the violations? MS. GOLDHORN: Yes, sir. MR. LEFEBVRE: And you knew that there were violations on the property at the time of closing? MS. GOLDHORN: Yes, sir. Indirectly, yes, sir. We purchased -- we went under contract in October, and it was supposed to be a quick settlement, and it turned out to be a two - to three-month delay. The woman moved to New York. She had a tax lien. She filed bankruptcy. We had to get court approval. There was a snowstorm. Then they closed the courts due to COVID. And we did not take possession of the house until the end of January, and we were not -- I guess she didn't notify the court that we took possession, and we were not able to go to court here until March. We got the permit. We got the violation taken care of in May, and we're here to hopefully have the fees -- the fine dismissed. CHAIRMAN KAUFMAN: Let me stop you for a second. September 23, 2021 Page 32 Christine, do you want to read the document into the record for us, please. MS. PEREZ: Yes, sir. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20200002928. Violation: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i). Location is at 211 Sugarloaf Lane in Naples, Florida. Folio No. 81626120008. Description of the violation is a new lanai and carpet [sic]. Past orders: On August 28, 2020, the Code Enforcement Board issued finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5854, Page 403, for more information. On March 25th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of June 1, 2021. Fines have accrued at the rate of $200 per day for the period from February 25th, 2021, to June 18, 2021, 114 days, for a total fine amount of 22,800. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.63. The total fine amount is $22,859.63. CHAIRMAN KAUFMAN: Okay. So I can assume that you are here asking for your fines to be abated? MS. GOLDHORN: Yes, sir. MR. BLANCO: I make a motion to deny the county's motion for imposition of fines. MS. ELROD: Second. September 23, 2021 Page 33 CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. CURLEY: Just to include the denial of the imposition of today's costs as well. CHAIRMAN KAUFMAN: Yes. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: When we do that, it's all -- it all goes away normally. Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Good luck. MS. PEREZ: Thank you. MS. GOLDHORN: Thank you very much. MS. BUCHILLON: Next case, No. 6, CEVE -- CEV20200000211, Miguel Cruz Estate. (The speakers were duly sworn and indicated in the affirmative.) MR. CRUZ: I do. THE COURT REPORTER: Your name? MR. CRUZ: Michael Cruz. CHAIRMAN KAUFMAN: Did you drop something? MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: Okay. We've got to get our stuff September 23, 2021 Page 34 together here. Why don't we begin by -- if you would read the order into the record for us. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle. Past order: On March 25th, 2021, 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, OR5933, Page 2483, for more information. The violation has not been abated as of September 23rd, 2021. Fines have accrued at a rate of $150 per day for the period from June 24th, 2021, to September 23rd, 2021, 92 days, for a total fine amount of $13,800. Fines continue to accrue. Previously assessed operational costs of $59.29 have not been paid. Operational costs for today's hearing, $59.28. Total amount, $13,918.56. CHAIRMAN KAUFMAN: Okay. If you would, give us your name on the microphone, please. MR. CRUZ: Michael Cruz. CHAIRMAN KAUFMAN: Okay. I notice that the operational costs have not been paid; is that correct? MR. CRUZ: I didn't realize I owed that; otherwise, I would have paid that. CHAIRMAN KAUFMAN: Okay. This was a case we have unlicensed vehicles on the property? MR. CRUZ: Yeah. MS. CURLEY: Is this a property you rent or something? MR. CRUZ: This is a property my father owned, and everybody left it, so I went there, but it's still under probate. And he September 23, 2021 Page 35 has cars under his name there and, per my sister and per the police, that if I'm to remove those cars, it's illegal and I can be arrested for it because they haven't been processed between probate. So I'm stuck between a rock and a hard spot now. You know, it's almost like it's time to get rid of the vehicles and take the rest, you know, and deal with it that way. MS. CURLEY: How long has it been probating for? MR. CRUZ: Five years. MS. CURLEY: Is it just you and your sister? MR. CRUZ: No. There's eight of us, but she's the one that called the code violation in just to spite me. And, otherwise, you guys wouldn't be on my radar because there's a ton of that stuff going on out there, and just to spite me, she called it in, tried to blame it on my grandmother. But my other sibling told me the trut h. And so it's just -- everything's out of spite right now. Hurt feelings. And I've had a lawyer for five years, and they just can't agree to nothing. I -- like I said, last time I came here, I told them I'd take them out somehow, but when I called the police to have them removed, I was told the same thing, so it would be theft. CHAIRMAN KAUFMAN: How many vehicles are there? MR. CRUZ: There is five. MR. BLANCO: Correct me if I'm wrong. Didn't -- last time you were here, didn't you say that your sister owned some of those vehicles? MR. CRUZ: One of those vehicles, yeah. And it's dilapidated. I mean, it's got mold inside. It's disgusting. And I'm telling you, if I could remove them, they'd be gone. MR. LEFEBVRE: Yeah. If I remember, you said there were different family members that had some cars there at the time back when you came in front of us. MR. CRUZ: Right, yeah, yeah. And I've been just -- like I September 23, 2021 Page 36 said, at this point I don't know what to do. I talked to my probate attorney. He said the same thing; I could be arrested for taking them off the property. And it's -- like I said, I don't know what to do. I want to get rid of them, you know. MS. CURLEY: Does anyone live there? MR. CRUZ: I live there. MS. CURLEY: Oh, you live there? MR. CRUZ: I live there, so I've got to see it every day. Well, I work in -- I feel like I'm in front of the Board because I work for an HOA. So I know about rules and stuff like that. But I'm there -- I'm there on the weekends. The rest of the week I'm in Sarasota. But I'd like the room back, to be honest with you. MS. BOWMAN: So imposing the fines does nothing because a violation's going to continue to be there no matter what. And -- MR. CRUZ: Until we get this case closed, you know, the probate done, which I -- which I hope comes at the beginning of the year. I can't guarantee that, because I have one resister; that's that sister. CHAIRMAN KAUFMAN: Let me ask a question that might lead to something or not. You were cited? MR. CRUZ: Yes, I've been cited. CHAIRMAN KAUFMAN: You were cited. The estate was cited? MR. CRUZ: Yeah. CHAIRMAN KAUFMAN: Not you personally. MR. CRUZ: Right. CHAIRMAN KAUFMAN: And the estate consists of how many people? MR. CRUZ: Eight of us. CHAIRMAN KAUFMAN: Eight of you. Okay. MS. CURLEY: Does the sister realize what she's created here? September 23, 2021 Page 37 MR. CRUZ: Yeah. I got a text message from her, because I texted one of my siblings that they needed to be removed, and she says, I see you told Marcie to junk Dad's cars, which is illegal because it's his property. So then I stopped talking to her. It's, like, there's no getting through with this girl. She's stubbo rn. MS. CURLEY: What do we do here? CHAIRMAN KAUFMAN: I know what I would do. MS. CURLEY: We're on live TV. MS. BOWMAN: What would you do? MR. LEFEBVRE: Would there be anywhere to take them and put them somewhere in storage? MR. CRUZ: I guess that's an option, which would cost me just as much as that option, you know, until it's done. MR. LEFEBVRE: Well -- you said how many cars, again? MR. CRUZ: Five. And one of them -- CHAIRMAN KAUFMAN: Does your sister live in Collier? MR. CRUZ: Yeah, she lives in Collier County. I don't know where, though. I haven't talked to this sister besides these text messages. CHAIRMAN KAUFMAN: I would deliver her car to her. MR. LEFEBVRE: Well, if there's a way to remove them to a safe location other than here where it would be acceptable, the fines would stop. I mean, they're at, what, $100 a day? MR. CRUZ: A hundred fifty a day. MR. LEFEBVRE: A hundred and fifty a day times -- MS. BOWMAN: He can still get in trouble for moving them anywhere. MS. CURLEY: He's the ghost of his dad. MR. CRUZ: I look like him the most, too. MS. BOWMAN: Imposing the fine will just put the fine on the estate, and the attorneys are going to have to handle it later. But, September 23, 2021 Page 38 like, still we're -- he can't do anything with them. MR. LEFEBVRE: Right, but he can -- MS. BOWMAN: He can't move them to storage either. MR. LEFEBVRE: If you imposed a fine, each sibling's going to be responsible for, technically, one-eighth of the fine. MS. CURLEY: You have 14,000 divided by eight. CHAIRMAN KAUFMAN: It depends how the estate is distributed. MR. LEFEBVRE: For simplicity, for simplicity -- MR. CRUZ: I've paid all the taxes. I've paid everything, you know, for the property. I've maintained it the best that I can, except for the grass. I've got to cut the grass. But I maintain it, I keep it up. I do everything I can do, and then I have this problem. MR. RUBENSTEIN: Do these vehicles have license plates, and do they operate? MR. CRUZ: Some of them operate but no license plates. MR. RUBENSTEIN: On any of the five? MR. CRUZ: No, because they're under my father's name. How can I go get a license plate under his name? MR. RUBENSTEIN: Is there insurance currently on the five vehicles? MS. CURLEY: No. MR. CRUZ: Again, they're under my father. I can't insure them. CHAIRMAN KAUFMAN: There's no plates on them so it doesn't matter. MR. LEFEBVRE: If these cars moved to the backyard out of view, it's still a violation? Okay. MS. McGONAGLE: They have to be in a completely enclosed structure, or they have to put valid license plates on them. MR. LEFEBVRE: Right, and they can't. September 23, 2021 Page 39 MS. CURLEY: Oh, what? MS. ELROD: Well, they're in his dad's name. He can't. MR. LEFEBVRE: But you can't build any kind of structure because it's your father's property. MR. CRUZ: Right. If I go and waste all that money, I may lose it all. MR. LEFEBVRE: This is a Catch 22 times 22. MR. CRUZ: Right. You know, I've offered before to put, like, those tents over them for now or something like that, but I guess that's not allowed. MS. BOWMAN: Yeah. MR. CRUZ: You can see my backyard from the road, so... MS. CURLEY: So this isn't a neighbor complaint? MR. CRUZ: It's a -- no, it was a sister complaint. CHAIRMAN KAUFMAN: Sister. MR. CRUZ: I know exactly who complained. MR. LEFEBVRE: Okay. I think the only two options we have is impose the fine or give him more time. He did state in his testimony at the beginning of the year this might even be resolved. I think we give it to the February meeting, like five months, because I would hate to see that there's imposition of fines on an estate that -- MS. CURLEY: That's silly. MR. LEFEBVRE: -- there's no control; that each of you are going to be fined. It's just -- it makes no sense at all. MS. ELROD: Is that your motion? MS. CURLEY: If no one showed up, this would already have taken its course a long time ago and the estate would be over fined for maybe the value at some point. MR. LEFEBVRE: Right. MR. CRUZ: Right. MS. CURLEY: So you're doing all your family a favor. And September 23, 2021 Page 40 you can request copies of this meetings of this minutes [sic] and show it to them that you're here on behalf of the estate. MR. LEFEBVRE: So I want to make a motion, but I also want to make it very clear that that 59.28 has to be paid. MR. CRUZ: Okay. Can I pay it downstairs or something? MR. LEFEBVRE: You have to go up to Horseshoe Drive. MR. CRUZ: Horseshoe Drive, okay. CHAIRMAN KAUFMAN: Michele will get together with you and let you know that. But it needs to be paid today. MR. CRUZ: Okay. That's fine. CHAIRMAN KAUFMAN: And now your motion is? MR. LEFEBVRE: Motion for February, which would be five months, I think. Let's continue the case for five months. MR. CRUZ: Okay. MR. LEFEBVRE: One hundred fifty days. MS. ELROD: Second. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: Motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. September 23, 2021 Page 41 Good luck. MR. LEFEBVRE: The fines keep on accruing. MR. CRUZ: Right. MR. LEFEBVRE: The fines do not stop. So until you take care of it -- so family members might want that to be known to put a little pressure on them to get this resolved. MR. CRUZ: Will I get a copy of the fines accrued already? MS. BOWMAN: Here. Here you go. MR. CRUZ: Thank you. MS. CURLEY: It's probably in your mailbox. CHAIRMAN KAUFMAN: Michele will give it to you. MR. CRUZ: The guy was surprised that I even signed the certified letter. He's like -- MS. BOWMAN: Would you like a second copy for her? MR. CRUZ: No, I can scan this. Thank you. MS. McGONAGLE: Thank you. MS. CURLEY: Good luck. MR. CRUZ: Have a good day. Thank you very much. MS. BUCHILLON: Next case, No. 7, CESD20180011522, Fabian Rodriguez and Caridad Salceiro. (ROSEANNA RODRIGUEZ, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) TNE INTERPRETER: Yes. (The speakers were duly sworn and indicated in the affirmative.) MS. SALCIERO: (Through interpreter) Yes. MR. MUSSE: I do. CHAIRMAN KAUFMAN: Could you bring the microphone down for us and state your name on it for us, please? MS. RODRIGUEZ: My name is Roseanna, and this is my mom. September 23, 2021 Page 42 MS. SALCIERO: My name is Caridad Salciero. CHAIRMAN KAUFMAN: Okay. This was a case from 2019. Do you want to read it into the record for us, Jonathan. MR. MUSSE: Yes, sir. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On January 24th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached orders of the Board, OR5603, Page 2123, for more information. On April 26th, 2019, the Code Enforcement Board granted an extension of time. See the attached order of the Board in Documents and Images for more information. On October 25th, 2019, the Code Enforcement Board granted a continuance. See attached order of the Board in Documents and Images for more information. The violation has been abated as of August 17th, 2021. Fines have accrued at the rate of $75 per day for a period from August 23rd, 2019, to August 17th, 2021, 726 days, for a total fine amount of $54,450. Previously assessed operational costs in the amount of $59.42 and $59.42 have been paid. Operational costs for today's hearing, 59.56 -- $59.56. CHAIRMAN KAUFMAN: Okay. Good morning. MS. RODRIGUEZ: Good morning. MS. SALCIERO: Good morning. CHAIRMAN KAUFMAN: Could you tell us why it took so long to get this thing resolved? Joe's here. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. September 23, 2021 Page 43 CHAIRMAN KAUFMAN: Joe. MR. MUCHA: So there was a number of items that they had to take care of. There was four different things. I don't know if you guys remember. It's a lanai, there was a wall, there was a fence, and then there was, like, an overhang. CHAIRMAN KAUFMAN: Right. MR. MUCHA: It took a little bit extra time with the lanai because they had to get approval from -- because this is a Habitat community. That took some time. And then there was some confusion with the spot survey that was submitted. The one they had submitted previously was good, and I didn't catch that, and it kind of delayed things by a few months. I mean, all I can say is that they always kept in good contact with me. And I know we lost a little bit of time with COVID and everything like that, but I think they diligently worked -- I know it took a little bit of extra time. It's resolved and -- MS. ELROD: I'd like to make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? September 23, 2021 Page 44 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You're free. MS. CURLEY: You're free. MR. LEFEBVRE: You were about to say something? MS. RODRIGUEZ: Yeah. I was going to, because we had -- like, everything that we had to do, we took it out, like -- CHAIRMAN KAUFMAN: You took care of everything? MS. RODRIGUEZ: Yeah. CHAIRMAN KAUFMAN: And we took care of the fine. MS. RODRIGUEZ: Thank you. MS. SALCIERO: Thank you. CHAIRMAN KAUFMAN: So it was a good combination between all of us. MS. RODRIGUEZ: Thank you. MR. LEFEBVRE: Thank you very much. MS. SALCIERO: Have a nice day. MS. BUCHILLON: Next case, No. 8, CESD20170014131, Carlos A. Rojas, P.A. (The speakers were duly sworn and indicated in the affirmative.) MS. ROJAS: Yes, I do. MR. MUSSE: I do. CHAIRMAN KAUFMAN: Good morning. MS. ROJAS: Good morning. CHAIRMAN KAUFMAN: Could you say your name on the microphone for us. MS. ROJAS: Marie Rojas. CHAIRMAN KAUFMAN: Okay. And, Jonathan, do you want to read the order? MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement Board. September 23, 2021 Page 45 Past orders: On April 26th, 2019, 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 violations. See attached order of the Board, OR5629, Page 3148, for more information. The violation has been abated as of August 1st, 2021. Fines have accrued at the rate of $100 per day for a period between June 26th, 2019, and August 19th, 2021, 786 days, for a total fine amount of $78,600. The rest has been updated. She just recently paid the operational costs. So the previously assessed operational costs of $59.63 have been paid as of yesterday. Operational costs for today's hearing is 59.42, for a total fine amount of $78,659.42. CHAIRMAN KAUFMAN: Okay. Is Carlos your husband? MS. ROJAS: No, he's my son. CHAIRMAN KAUFMAN: He's your son? MS. ROJAS: Yeah. CHAIRMAN KAUFMAN: Because he's the one who's listed on this. MS. ROJAS: Yes, he bought -- CHAIRMAN KAUFMAN: And -- MS. ROJAS: Yeah, he bought the property to move to Naples, but he got -- ended up in Boston, so that's why we took care of the property. But Irma came and took the lanai. But the house, it needed full rehab. And we have to -- to be able to put back the lanai, we need to do, first, the roofing, but the roofing came right on Irma, and after that it took a while to get somebody to do that. But we done, and then -- but we cannot attach the lanai until the roof is done. So I came probably three or four times here, but I got extended. But we got contractors going everything. They done September 23, 2021 Page 46 what they have to be done. We got -- a roofing company came and done the roof, and then the lanai came to -- in place, and he went good. Probably the two years ago we finished. So, actually, is past -- we couldn't do last year because we had -- the house was rented, and we couldn't get the final inspection. Every time the inspector went in there, the woman -- the renter say, no, I don't feel well. Then nobody can get in. Finally, they out, and I called for the final inspection, and it was only for a screw to get a final inspection done. CHAIRMAN KAUFMAN: Okay. And I see, according to our paperwork, everything's fine. MS. ROJAS: Everything is fine. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? MS. ELROD: I'd like to make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN FRYER: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. September 23, 2021 Page 47 CHAIRMAN KAUFMAN: Okay, 6-1. MS. ROJAS: Thank you. CHAIRMAN KAUFMAN: It passes. Thank you. MS. BUCHILLON: Next case, No. 11, CESD20210005432, Highland Properties of Lee and Collier, Limited. MR. CADENHEAD: I do. MS. PEREZ: I do. CHAIRMAN KAUFMAN: Okay. Mr. Cadenhead, could you state your name on the microphone for us. MR. CADENHEAD: Bobby Cadenhead with Lee and Collier -- Highlands Property of Lee and Collier, agent. CHAIRMAN KAUFMAN: Easy for you to say, okay. Cristine, do you want to read this into the record for us? MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20210005432 regarding violations of the Collier County Land Development Code 04-41, as amended, Sections 6.01.05. Location: 4886 Santa Barbara Boulevard, Naples, Florida. Folio No. 407360000. Description of the violation was soil erosion and sediment control system, silt; fencing has not been correctly installed as required by the approved Site Development Plan. Silt fencing installed is not being used properly. Past orders: On June 23rd, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5979, Page 3426 for more information. On August 27, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Document and September 23, 2021 Page 48 Images for more information. The violation has been abated as of August 27, 2021. Fines have accrued at the rate of $150 per day for the period from July 24th, 2021, to August 27, 2021, 35 days, for a total fine amount of $5,250. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing are $59.63. Total amount is $5,309.63. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Mr. Chairman, I'd like to make a motion. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: To abate the fines posted, the 5,309 and reduced to $1,500. MR. ANDREOZZI: No. MS. CURLEY: Let's hear from Mr. Cadenhead first. CHAIRMAN KAUFMAN: Yeah. Mr. Cadenhead, why don't you go first, and then we'll entertain your motion. MR. CADENHEAD: Number one, in other words, the silt fence was with Growth Management, and it was our understanding that our engineer dictated that we put up a silt fence, and he was the one who would be able to say whether a silt fence was needed or not. July the 13th, he was on site, and on July the 19th, he sent an e -mail to the county saying that the silt fence was not required, that the growth -- the grass was growed in, and there was no need for the silt fence. At that time, we met with Growth Management, and they said the only way to change it was to revise the PUD. And at that time it was easier to finish putting up two miles of silt fence than it was to go back through all the process of the county to amend the PUD and change it. So I agreed to go ahead and put up two miles of the silt fence September 23, 2021 Page 49 that wasn't needed, and we busted our ass to get it done, and that's just a simple part of it. And the last time I was here was on the 27th of August, and I asked for a continuance, and we was through -- when I left here at 3:00, we got the affidavit of compliance at that time. So we've done everything we can possibly do to get this silt fence in and done. MR. LEFEBVRE: If I remember correctly, the silt was in. At one time you came in, you said the silt fence was in, but it wasn't six inches into the ground like it was supposed to be, and some of it had fallen. MR. CADENHEAD: Yeah. That was correct. The silt fence, when we first started the project -- before we was able to get our PUD, we had to put a silt fence before we was able to have our preconstruction meeting with the county. We had to put in silt fence throughout the whole property. Over the time, when the berms were built and grass took place, the only reason for a silt is to keep the sediment from going over to your neighbor's yard. Once you establish a berm with grass, the silt fence is no longer needed. So our conversation with the county was that if the engineer said the silt fence wasn't needed, then we didn't have to put it. But at the time they came back -- in other words, this is like -- we was supposed to be done on June 23rd. He wrote his letter on -- I mean -- yeah, July 23rd. He wrote his letter on -- e-mail to the county on July 19th. The county came back and said, the only way to change this was to go in for a PUD amendment to what we was doing, to take the silt fence down. So I decided to just put all the silt fence in and be done with it. MS. CURLEY: Do you remember how much that fence cost? MR. CADENHEAD: The fence, I'm around $10,000 that I put out through this time to put in the extra fence. September 23, 2021 Page 50 MS. CURLEY: Is it really two miles, or are you just making that up? MR. CADENHEAD: Ma'am? MS. CURLEY: It is two miles? MR. CADENHEAD: Two miles -- well, let's say 82 acres -- MS. CURLEY: Okay. MR. CADENHEAD: -- that you're going all the way around, and you're up the front, and the county requested that the front be put in. We changed it. There was a discrepancy about how deep it was buried. We went back and re-dug. In other words, we've tried everything we possibly could to cooperate with Code and with Growth Management. So I'm asking that the fine be totally dismissed. CHAIRMAN KAUFMAN: Okay. According to our paperwork, the violation was abated on August 27th. MR. CADENHEAD: Yeah, that's correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: They said they were cooperative. CHAIRMAN KAUFMAN: Yep. Any discussion from the Board? MR. LEFEBVRE: Well, there's a motion. MS. CURLEY: No second. CHAIRMAN KAUFMAN: Lee, you made a motion. MR. RUBENSTEIN: Yeah. I hear what you say, and I'm familiar with silt fences. And I know that when you install them, it's not a one and done. MR. CADENHEAD: No. MR. RUBENSTEIN: You have to keep up with them because they get washed out. And I want to make a motion that the fine of 5,309 be abated and reduced down to $500. CHAIRMAN KAUFMAN: Okay. Do we have a second? September 23, 2021 Page 51 MR. LEFEBVRE: I'll second that motion. CHAIRMAN KAUFMAN: Okay. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Let me see hands. One opposed, two opposed, three opposed, four opposed. MR. LEFEBVRE: Motion fails. CHAIRMAN KAUFMAN: That motion fails. Do we have another motion? MS. BOWMAN: Make a motion to deny the county the fines. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Nay. September 23, 2021 Page 52 MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Hands. MR. LEFEBVRE: Three. CHAIRMAN KAUFMAN: Okay. Three nays. Okay. That motion passes. Okay. The fines are abated. MR. CADENHEAD: Thank you. MS. PEREZ: Thank you, board members. CHAIRMAN KAUFMAN: We're going to take a 10-minute break. (A brief recess was had from 10:19 a.m. to 10:32 a.m.) (Tarik Ayasun left the boardroom for the remainder of the meeting.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. And what's next on our agenda? MS. BUCHILLON: Next on the agenda, we're back up to hearings. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 1, CEPM20210006609, Martha Lucy Roca Senzano. MR. KAUFMAN: Okay. Let the record show the respondent is not present. MR. DELIA: Good morning. How are you? CHAIRMAN KAUFMAN: Good morning. MR. DELIA: Hi. For the record, my name is John Delia. THE COURT REPORTER: I need to swear you in. MR. DELIA: Oh, sorry. (The speaker was duly sworn and indicated in the affirmative.) MR. DELIA: I do. CHAIRMAN KAUFMAN: Terri likes to wave to everybody that comes up there. MR. DELIA: Hi. September 23, 2021 Page 53 CHAIRMAN KAUFMAN: Okay. MR. DELIA: Okay. Good morning. For the record, Investigator John Delia, Collier County Code Enforcement. This is in reference to Case No. CEPM20210006609 in dealing with the violation of the Collier County Code of Laws and Ordinances Chapter 22, Buildings and Building Regulations, Article VI, Property and Maintenance Code Section 22-231(12)(n), a dilapidated wooden porch and a screened lanai missing the screens located at 4484 Rosea Court, Naples, Florida, 34104. Folio No. 32485880004. Service was given on June 23rd, 2021. Conducted an initial inspection on June 23rd, 2021. I was allowed to go onto the rear adjacent property to observe a dilapidated wooden porch that was falling apart and rotting. There was also other building materials piled up on the porch. I also observed in the rear of the home a screened-in lanai area that had multiple screen panels missing. I issued the notice of violation on June 23rd, 2021. On July 9th, 2021, I observed a maroon Dodge Charger park in the driveway with Michigan plates. I spoke with Piero, which is the son of the property owner, who is in Bolivia. Piero stated that he is leaving today for a flight to Bolivia to visit mother and will return July 24th, 2021. Piero told me he already lined up people to clean up the rear yard on July 27th, 2021. He also stated he will be taking quotes for the lanai to be repaired. Reinspection was conducted on July 26th, 2021, and observed the violations remain. I conducted numerous inspections on the property and left my contact information to be reached, and the violation remains. At this time I'd like to present case evidence in the following exhibits: Three photos I took on June 22nd, 2021; two aerial images September 23, 2021 Page 54 of the property. One of 2010 where the porch was intact, and one in the present, 2021, with dilapidated wooden porch; and the deed of the present owner of the property. CHAIRMAN KAUFMAN: Can I get a motion to accept photos? MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: I would like to put on the record the respondent was notified regular and certified mail on September 1st, 2021. It was also posted at the property and courthouse August 31st, 2021. CHAIRMAN KAUFMAN: Okay. Thank you, Helen. MR. LETOURNEAU: Jack, you want to describe these photos as we go through them. MR. DELIA: Yes. See, the original complaint came from the rear neighbors. The rear neighbors complained about the way the porch looked; however, when I went back, I noticed the screened September 23, 2021 Page 55 lanai, and that's why I brought up the property maintenance on this. This actually just looks like a sitting area, but it's missing a majority of the screens out of the porch. The porch was originally built, I believe, in 2010. From there, this is what we've got, and it's completely dilapidated, including the house is actually starting to get that way, too. It's unmaintained. Nobody lives within the home, it seems like. This is the original photo of 2010 when the screened lanai also the porch, was put in. You can see the maintenance on it in the back part right here where the yellow line is. CHAIRMAN KAUFMAN: What development is this in? MR. DELIA: Flamingo Estates. CHAIRMAN KAUFMAN: Okay. MR. DELIA: And the next picture you see what it looks likes today from the aerial, if you zoom in on it; if you can a lit tle bit. You see how now it's all falling apart, lanai -- and the screen and the lanai is all falling apart. The neighbors are complaining because of the fact that things are piled up in the back of a dilapidated porch, and they're afraid, which was through the hurricane season here, that everything was going to fly off the property and go onto their properties. CHAIRMAN KAUFMAN: Okay. Any more pictures? MR. DELIA: No, we have two -- the three. That was actually the main concern. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a motion that a violation exists. MR. BLANCO: I'll second. MR. DELIA: Thank you. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? (No response.) September 23, 2021 Page 56 CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a suggestion for us, John? MR. DELIA: I have a recommendation, maybe. CHAIRMAN KAUFMAN: That's just like a suggestion. MR. DELIA: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.21 incurred in the prosecution of the case within 30 days, and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy -- dilapidated wooden porch and screen lanai missing screens within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated and ordered to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. September 23, 2021 Page 57 MR. LETOURNEAU: I think there's a piece missing in there on No. 1. After completion/occupancy, it should be to either rebuild or remove the dilapidated wooden porch and screen lanai, all screens. MR. DELIA: My apologies. MR. LETOURNEAU: That's okay. MS. CURLEY: What was there, other than three posts? I mean, was the deck falling down? Was the roof on the floor? MR. DELIA: Well, that must have been the walls of the deck at one point. So at this point here, all the wood is being lifted up from weather decay. The sides of the porch are all dilapidated and falling apart. He's piling everything up in that area on top of the porch, so it's just a mess. CHAIRMAN KAUFMAN: Is it completely -- MR. DELIA: He should just demo it, in my opinion, and get it over with. The lanai, though, could be replaced with the screens or to bring it back to its original permitted state. CHAIRMAN KAUFMAN: Nobody's living in the property? MR. DELIA: At this point I've not come across anybody. I've left my card multiple times. I think the mother lives in Bolivia itself, and I think the father -- the son is doing business in California. So he only comes on the property every now and then. The people in the neighborhood are the ones actually maintaining the property by cutting the grass because they don't want to see it get too high. MS. CURLEY: Yeah. It seems like we would have her address in the place where she's actually living, but because the stuff is addressed to here, the -- CHAIRMAN KAUFMAN: Where's the tax bill sent? MS. CURLEY: The tax bill is sent -- MR. DELIA: To the house, actually. To this house here. CHAIRMAN KAUFMAN: Okay. Did you happen to notice whether the taxes are up to date? September 23, 2021 Page 58 MR. DELIA: I have not noticed that yet. CHAIRMAN KAUFMAN: Okay. That doesn't hinge on this, but -- MR. LEFEBVRE: The only contact you had with the son was the time that he was there? MR. DELIA: Correct, and that was literally for two days that he was there, and he -- he was there -- now, right now, I noticed my card was missing off the door about a couple days ago, so I don't know if he stopped in; however, the posting that I put on the property is still up on the garage where I left it. CHAIRMAN KAUFMAN: Okay. MR. DELIA: And I did notice that there might have been a little activity in there, but it's not like a daily activity that's going -- I'm driving past this thing two or three times a day just to see if I can spot this person. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: You never got a phone number or anything? MR. DELIA: No, I have not. He never gave it to me. It was hard enough to get his name because he was on the run. CHAIRMAN KAUFMAN: Okay. Anybody like to take a stab at filling in the blanks on this? (No response.) CHAIRMAN KAUFMAN: Hearing none, I will. Oh, go ahead, Gerald. MR. LEFEBVRE: The 59.21 be paid within 30 days, 90 days to correct the violation or fine of $150 a day. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a second. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We already have a second. September 23, 2021 Page 59 MR. RUBENSTEIN: I'm sorry. CHAIRMAN KAUFMAN: Danny seconded. MS. CURLEY: How many days? I'm sorry. CHAIRMAN KAUFMAN: Ninety days. MS. CURLEY: To fix it? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Ninety days to have it -- MS. CURLEY: Well, it's been since June 23rd. So you're being awful generous. MR. LEFEBVRE: I'm being a little generous considering that -- well, first of all, how are they going to be noticed? You have no way of getting in touch with these people. MR. DELIA: That is true; however, I did -- he did get the notice of violation at the original point. He had the notice of violation. That's when I ran into him, after the notice of violation is when I told him what day it was supposed to be done by, and that's why he came up with this date to give it a little bit longer time, because he was in Bolivia. So I told him, sure, that's no problem, but then he didn't live up to his obligation. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Helen, do you send out certified on these? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Well, it's his responsibility, then. We'll find out if he signs for it or not. Do you ever request for a return receipt? MS. BUCHILLON: Yes. We're supposed to get the green card back. CHAIRMAN KAUFMAN: Okay. Good. So we'll find out how that goes. So we have a motion: 59.21 paid within 30 days is the September 23, 2021 Page 60 operational costs, 90 days to come into compliance, or $150 per day thereafter. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, John. MR. DELIA: Thank you. Have a nice afternoon. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: Next case under hearings, No. 5, CESD20210004145, Paul Fairhurst. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present, and if you want to tell us how you noticed him. MS. BUCHILLON: Respondent was notified regular and certified mail on September 1st, 2021, and it was posted at the property and courthouse September 9, 2021. CHAIRMAN KAUFMAN: Okay. This is an unpermitted aluminum shed with open porch attached to electrical connections and two unpermitted canopies. (The speaker was duly sworn and indicated in the affirmative.) MS. COUTIN: I do. CHAIRMAN KAUFMAN: Okay. September 23, 2021 Page 61 MS. COUTIN: Good morning. For the record, Investigator Saylys Coutin, Collier County Code Enforcement. This is in reference to Case No. CESD20210004145 dealing with a violation of Collier County Land Development Code 04-4, as amended, Section 10.02.06(1)(a) -- (B)(1)(a), sorry, and 10.06 -- .02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i)., an unpermitted aluminum shed with open porch attached and electrical connections and two unpermitted canopies, located at 4601 11th Avenue Southwest, Naples, Florida, 34116. Folio 3795640000. Service given on May 24th, 2021. This case originated as a complaint to our department. I conducted a site visit on April 26th, 2021, and met with the property owner, Mr. Paul Fairhurst. He escorted me to the rear of the property where I observed the three structures in question: Two canopies and aluminum shed with attached open porch. Research was conducted of the property history, and no permits were found for the structures. On May 21st, 2021, Building Official Jonathan Walsh determined a permit was required for the two canopies and the shed, and a notice of violation was issued advising of the permit violation and requirements to come into compliance. I spoke with Mr. Fairhurst on June 2nd, 2021, in regards to the permits and have him -- and I had him contact Renald Paul with the Collier County Growth Management Department, who could assist him with the permit application information and explaining the process. Through the course of the case, I regularly checked for any permit applications and attempted to make further contact with the owner, but I have not heard back from him in the last few weeks. On August 6, 2021, a demo permit was applied for and approved on August 20th, 2021, but it remains in "ready for issuance" status at September 23, 2021 Page 62 this time. I received a call from Nadia Karick (phonetic), who represents the property owner, on September 21st, 2021, and discussed a permit getting issued and advised -- she advised she would try and get in contact with the owner. As of today, no permits have been -- no permits have been issued, and the violation remains. CHAIRMAN KAUFMAN: So there's still an outstanding demo permit? MS. COUTIN: Yes. So he ended up getting the permit. He just has to pay a fee for it to get issued, but he hasn't gone and picked up the permit, so it's still not issued yet. I would now like to present case evidence in the following exhibits: One aerial of the property; three photographs from April 23rd, 2021, taken by myself; and a building determination completed by Building Official Jonathan Walsh. CHAIRMAN KAUFMAN: Can we get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 23, 2021 Page 63 CHAIRMAN KAUFMAN: It carries unanimously. MS. COUTIN: So those are the two canopies that he's going to remove. CHAIRMAN KAUFMAN: You can make it bigger, Jeff, not smaller. MS. COUTIN: That's the shed, the aluminum shed. It has an open porch on the left-hand side, and then the entrance is on the right-hand side. CHAIRMAN KAUFMAN: What about all the clutter around there? MS. COUTIN: Yeah. CHAIRMAN KAUFMAN: Is that stuff you spoke with him about? MS. COUTIN: He did have another case for boats and stuff he had on the property, and that was taken care of. (Danny Blanco left the boardroom for the remainder of the meeting.) MS. COUTIN: So that's the inside of the shed. CHAIRMAN KAUFMAN: Okay. Just as a sidenote, one of our board members had an appointment. He's waving goodbye to us. Goodbye, Danny. So George is a voting member right now. Okay. So those are the two canopies. The building, you showed us the photo of that. MS. COUTIN: The aluminum shed. CHAIRMAN KAUFMAN: Okay. In your discussion with the homeowner, what did he say he was going to do? MS. COUTIN: So he was planning on trying to get them permitted because he bought -- the shed was on the property when he bought it, but he decided to demo them instead. He thought that was going to be simpler, and he did -- if it does help, he said around two months would help him get rid of it and rectify the violation. September 23, 2021 Page 64 CHAIRMAN KAUFMAN: So it started in April. April 26th. MS. COUTIN: Yeah. CHAIRMAN KAUFMAN: And then it went to June 22nd. MS. COUTIN: Yeah. CHAIRMAN KAUFMAN: We are now into -- MS. COUTIN: So in August is when he applied for that demo permit. CHAIRMAN KAUFMAN: Okay. So -- MR. LEFEBVRE: Make a motion that a violation does exist. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a recommendation or a suggestion for us? MS. COUTIN: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days and abate all violations by, one, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted shed and canopies within September 23, 2021 Page 65 blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any -- MS. CURLEY: I'll make a stab at that. I mean, people move out there because they've got a lot of stuff, and they like that extra space. So I see he bought it that way. So I say maybe 90 days and $100 a day. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: How about the 59.28? MS. CURLEY: To be paid within 30 days, would be fine. MR. LEFEBVRE: Second the motion. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 23, 2021 Page 66 CHAIRMAN KAUFMAN: It carries unanimously. MS. COUTIN: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case, back into motion for imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 4, CESD20190010323, Fred P. Grunst and Joanne R. Grunst. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. Sherry Patterson, Collier County Code Enforcement, again. This is another dock case. I just want to say, as you can see, Mr. Grunst is not here today. He wanted to be here. He's been in constant contact with me. He wanted to come and request the waiver of the fines and the operational costs. Unfortunately, he is a -- he's an elderly gentleman, and he fell, and he wasn't able to be here today. So I just wanted to give you a little background on why he's not here. CHAIRMAN KAUFMAN: Why don't you read this into the record for us, and we'll go from there. MS. PATTERSON: Okay, sure. Past order of the Board: On February 25th, 2021, the Code Enforcement 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 violations. See the attached order of the Board, OR5920, Page 38888 -- I think there's only three 8s in there -- for information. The violation has been abated as of August 5th, 2021. Fines and costs to date as follows: Fines have accrued at a rate of $100 per day for the period from May 27th, 2021, to August 5th, 2021, 71 days, for a total fine amount of $7,100. September 23, 2021 Page 67 Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.35, for a total fine amount of $7,159.35. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MR. RUBENSTEIN: I have a question, Mr. Chairman -- CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: -- for Sherry. MS. PATTERSON: Sure. MR. RUBENSTEIN: It says that the violation's been abated. Can you tell me, has it been built to code? MS. PATTERSON: What he did was actually removed it. He got a demo permit and removed the entire dock, so it's gone. MR. RUBENSTEIN: Okay. Thank you. CHAIRMAN KAUFMAN: There was -- this came up maybe five or six months ago where they did a complete inspection, if you will, of all of the homes in that area on Sharwood and whatever and -- MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: No what? MR. LETOURNEAU: No. Actually, I believe we had a massive e-mail complaint -- an e-mail that had a massive amount of complaints about all the docks back in this area. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: So we had to address every one of them, and we're getting close to being done at this point. MS. PATTERSON: Sure. CHAIRMAN KAUFMAN: Right. A lot of the effort to clear September 23, 2021 Page 68 these was slowed up because of -- it was on the waterway, and you needed the Army Corps to approve things. MR. LETOURNEAU: There was all sorts of -- you know, obviously, COVID. There was a lack of contractors that could do this type of job. MS. CURLEY: Yeah, but nobody had a barge small enough to go -- MR. LETOURNEAU: Right. They had to jump through state hoops. There's all sorts of stuff to be done. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: We have a second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. Any other questions, Lee? MR. RUBENSTEIN: No, sir. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. PATTERSON: Thank you. MS. BUCHILLON: Next case, No. 8 -- no, I'm sorry, No. 9, CESD20200009301, Jody Lynn Bagley. Respondent was notified regular and certified mail September 23, 2021 Page 69 September 1st, 2021, and it was also posted at the property and courthouse September 2nd, 2021. MR. KAUFMAN: Let the record show the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Hi, Michele. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Would you like to read this into the record for us? MS. McGONAGLE: For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Past orders: On July 22nd, 2021, 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, OR6006, Page 445, for more information. The violation has not been abated as of September 23rd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from August 22nd, 2021, to September 23rd, 2021, 33 days, for a total fine amount of $8,250. Fines continue to accrue. Previously assessed operational costs of $59.35 have not been paid. Operational costs for today's hearing, $59.28. Total amount, $8,368.63. CHAIRMAN KAUFMAN: Have you been in contact with the respondent? MS. McGONAGLE: Not for a couple of months. She's not a very nice person, so I do not approach the door anymore. MS. CURLEY: I have a question, because I'm a little confused when it says that the two containers were placed on site before Permit September 23, 2021 Page 70 No. PBR whatever was issued. So what permits are issued on there? MS. McGONAGLE: She applied for a permit for the storage containers after the storage containers were placed on the property. MS. CURLEY: Okay. And was that permit issued? MS. McGONAGLE: No. That's why we're here. It's been rejected numerous times. MS. CURLEY: Okay. So it doesn't make that perfectly clear. Before a permit was issued. Well, this permit still is unissued. MS. McGONAGLE: Correct. CHAIRMAN KAUFMAN: Two things: The violation has not been abated, No. 1, and No. 2, the costs have not been paid as far as I know. MS. CURLEY: And so when did this start? CHAIRMAN KAUFMAN: Well, based on the number, we can probably tell. MS. CURLEY: I can't find an original thing. MR. LEFEBVRE: When was this case originally open? CHAIRMAN KAUFMAN: It looks like July. MR. LEFEBVRE: Well, that's when it was brought in front of Code Enforcement. MS. McGONAGLE: Right, and I don't have that in front of me. CHAIRMAN KAUFMAN: Well, the permit is 2020, so it goes back at least to 2020. MR. LETOURNEAU: I can look it up real quick. Hold on. MS. CURLEY: It just seems like there's some -- like now it's an emergency. MR. LEFEBVRE: I make a motion we impose the fine. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. September 23, 2021 Page 71 MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Any discussion on the motion? MS. ELROD: They're still occurring every day as well, right? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Yeah. MS. CURLEY: I just want to make sure there isn't something funny going on. MR. LETOURNEAU: So the case opened up August 26th last year. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: My motion stands. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Thank you. MS. BUCHILLON: Next case, No. 10, CELU20210001048, Dominick Cammuso. Respondent was notified regular and certified mail September 1st, 2021, and it was also posted at the property and courthouse September 22nd, 2021. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. If you would read this into the record for us, Jonathan. September 23, 2021 Page 72 (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Investigator Jonathan Musse, Collier County Code Enforcement Board. Past orders: On March 25th, 2021, 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, OR5933, Page 2473, for more information. On August 27th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has not been abated as of September 23rd, 2021. Fines have accrued at the rate of $200 per day for -- from a period from July 24th, 2021, to September 23rd, 2021, 62 days, for a total fine amount of $12,400. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.56. Tot al amount is $12,518.84. CHAIRMAN KAUFMAN: Have you been in contact with the respondent? MR. MUSSE: Yes, I spoke to him on Tuesday. And I guess from the last hearing he said he was going to get in contact with the county engineering. He told me he didn't. And he doesn't have any employees to come into compliance. As of this -- as of now, there's no change in the violation. CHAIRMAN KAUFMAN: Well, he hasn't paid his operational costs, and it hasn't been abated, so anybody -- MS. CURLEY: Is it a nursery? Is it a nursery? MR. MUSSE: It's supposed to be. CHAIRMAN KAUFMAN: There's debate about that. September 23, 2021 Page 73 MS. CURLEY: It's supposed to be. MR. LEFEBVRE: You weren't here last meeting. When he spoke, he was going to talk to the county and see that -- if it was an acceptable use, I think, is what he was -- MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: -- going to try to do. MR. MUSSE: And he never got in contact with Mr. Ray Bellows. CHAIRMAN KAUFMAN: And they were -- I think he was asking for Ray Bellows to be present; am I correct? MR. MUSSE: Yeah, he was supposed to make an appointment and never -- he admitted he never called him. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to impose. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Jonathan. MR. MUSSE: Thank you. MS. BUCHILLON: So that was the last case for the Code September 23, 2021 Page 74 Enforcement Board. Now we have to open the Nuisance Abatement Board. CHAIRMAN KAUFMAN: Okay. Make a motion that the Code Enforcement Board be adjourned. MR. WHITE: Mr. Chairman? MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Oh, who was that ghost I hear? MR. WHITE: Mr. Chairman, can you hear me? CHAIRMAN KAUFMAN: I can. MR. WHITE: Yes, thank you. It's Patrick White, the attorney for Code Enforcement Board and Nuisance Abatement Board. Just a point of order. The cases for imposition of fine Numbers 1 and 3 that were also extension of time that were continued, does the county wish to withdraw those from the agenda today? MR. SHORT: Yes. I'm sorry. If I could be sworn in. MR. WHITE: If so, the Board would move to have acceptance of the amendment of the agenda to withdraw imposition of fine Cases 1 and 3, please. MR. LEFEBVRE: But we closed -- MS. BOWMAN: Motion to -- CHAIRMAN KAUFMAN: Hold on. MS. CURLEY: We've got to back up. September 23, 2021 Page 75 CHAIRMAN KAUFMAN: If the county wants to withdraw them, the Board doesn't vote on that. Am I -- MR. WHITE: You have to amend the agenda. CHAIRMAN KAUFMAN: Okay. Someone make a motion to amend the agenda. MS. BOWMAN: I'll make a motion to amend the agenda. MR. LEFEBVRE: One second. We voted on closing the Code Enforcement. CHAIRMAN KAUFMAN: I don't think we voted on it yet. We were about to when we were interpreted by some stranger on a speaker. MR. LEFEBVRE: All right. Sorry. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I'm sorry, Mr. Chairman. CHAIRMAN KAUFMAN: Don't be sorry. Okay. So we have a motion and a second to modify the agenda to reflect a change. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I'd like to call the Nuisance -- MR. WHITE: Thank you, and -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- if you're going to recess as the Code September 23, 2021 Page 76 Enforcement Board and convene as the Nuisance Abatement Board, I would just like to make a brief comment before you hear the case or at some point during the case regarding the applicable code section. CHAIRMAN KAUFMAN: Okay. Why don't you speak now or forever hold your peace. MR. WHITE: When you do convene as the Nuisance Abatement Board, the applicable section is Code of Laws 2-2031. It pertains to the costs for nuisance abatement cases. There is a recommendation to impose such costs, and the code does provide for you to do so for those costs, but the order should include and will, if it's the Board's motion, that the costs are due and payable 20 days after the order has been filed in the public records. CHAIRMAN KAUFMAN: Rather than the 30 days that we allow for the costs on the Code Enforcement Board violations? MS. CURLEY: Okay. MR. WHITE: The point of doing so is to allow the county to thereafter proceed with the lien that is created and choose to foreclose on the lien if they so desire. CHAIRMAN KAUFMAN: Okay. We've done this before, Patrick. Jeff, are you okay with that? MR. WHITE: Understood, sir. MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: Okay. So I'd like to open up the Nuisance Abatement Board. We don't need a motion for that. We're just open. Now, Helen, do you have something for us for the -- MS. BUCHILLON: Yes, sir. Under the Nuisance Abatement Board, B, motion for imposition of fines, No. 1, CENA20210002435, Sheila D. Gebhart. Respondent was notified regular and certified mail September 1st, 2021, and it was also posted at the property and September 23, 2021 Page 77 courthouse August 31st, 2021. CHAIRMAN KAUFMAN: Okay. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present but Joe is. So if you want to read this into the record for us, Joe. MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement Board. This is dealing with a violation of the Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2027(2). Violation location is 5329 Trammel Street, Naples. Folio No. 62264320001. Description of the violation is the Collier County Sheriff's Office has received numerous complaints regarding suspected criminal activities on this property. The Sheriff's Office has made numerous arrests for criminal activities on this property and/or involving individuals residing at this property. Arrests include for multiple drug-related offenses. The Sheriff's Office has asked code enforcement to pursue a public nuisance violation regarding this issue. Past orders: On April 23rd, 2021, the Nuisance Abatement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5979, Page 3416, for more information. The violation has been abated as of June 29th, 2021. Fines and costs to date are as follows: Vendor Invoice 2389 for the boarding costs of $3,625 have not been paid. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing of $59.35, for a grand total $3,743.63. September 23, 2021 Page 78 CHAIRMAN KAUFMAN: Okay. Just a quick comment. The violation has been abated, but it was abated by the county? MR. MUCHA: Yes, sir. We boarded the property. CHAIRMAN KAUFMAN: Okay. That sometimes is misleading when you see it's been abated. MR. LEFEBVRE: I have a question. CHAIRMAN KAUFMAN: Gerald. MR. LEFEBVRE: So from the time of the order, the 23rd of April to June 29th, was there any fines that were accruing? MR. MUCHA: I don't think we asked for a fine in this one. MR. LEFEBVRE: No? CHAIRMAN KAUFMAN: Well, what happens is, it's like a car is parked someplace, and they violated the parking rule, if you will, on one day, and the next day the car is gone, but a week later the car is back again, so it happens on multiple times, and that's why citations are issued, and in this case, it goes to the Nuisance Abatement Board for this. MS. CURLEY: Has the activity there stopped? MR. MUCHA: Yes, ma'am. MS. CURLEY: Good job, Joe. MR. LEFEBVRE: But, yeah, I'm just wondering why we didn't impose -- we should have imposed a fine. MS. CURLEY: Next time it will be back. MR. MUCHA: I mean, to be honest with you, the property owner's deceased. I think the property's going to be in the process of foreclosure soon. I mean -- CHAIRMAN KAUFMAN: I remember the Sheriff -- MR. LEFEBVRE: Foreclosure by who? MR. MUCHA: A bank. MR. LEFEBVRE: By a bank, okay. CHAIRMAN KAUFMAN: The Sheriff was here on this one; September 23, 2021 Page 79 do you recall? MS. ELROD: Yes. MR. LETOURNEAU: I do have the order up on the screen. There was some time for the occupants to be removed from the property. Was that done within the seven days, Joe? MR. MUCHA: That's a good question. MR. LETOURNEAU: Or Eric. MR. MUCHA: I think it took a little bit more time than seven days. MR. LETOURNEAU: Yeah. But there wasn't any fine -- there wasn't any fine -- MR. MUCHA: There was no fine attached. MR. LETOURNEAU: -- for that. Obviously, the occupants were removed, and the county boarded up the property. We're just here to ask for the -- MR. LEFEBVRE: I understand. What I'm trying to get at is there should have been some kind of fine imposed if they didn't vacate within seven days, if they didn't board up or they didn't do whatever they were supposed to do. MR. LETOURNEAU: Right. But it's not on the order, so... MR. LEFEBVRE: All right. MR. MUCHA: We also have, I believe, like, two other additional cases on this property that have been running fines for years, too, so, I mean -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Bring them to us before the foreclosure starts. Get in line. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion as far as the imposition of these fees, fines? MS. CURLEY: Yeah. I'll make a motion to impose th e county's $3,743.63 fine today. September 23, 2021 Page 80 MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: And we have a second. Okay. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I just have -- oh, we've got to close this meeting. MS. BUCHILLON: We are done. MR. LEFEBVRE: Motion to adjourn. CHAIRMAN KAUFMAN: We have a question first. MR. LEFEBVRE: Oh. MS. CURLEY: I do have one question, but it's for you. So I noticed in some of the stipulations that there's always that paragraph that says if the property owner doesn't do this, then the county can, you know, do it by use of the Sheriff's Office or whatever. I mean, not unlike how you boarded up this -- or the county boarded up this house. So I just reflected back to the gentleman in the red shirt with his deceased father's home. He's not able to do anything, so can the September 23, 2021 Page 81 county go in and remove those cars? CHAIRMAN KAUFMAN: The Sheriff. MR. LETOURNEAU: Highly unlikely. We have that last paragraph on there just so we leave ourselves the option to do anything in case a situation arises. That's more for a health-and-safety case than anything else. Theoretically, we could look into removing those cars, but in an eve ryday purpose, we would not go in there and do that. CHAIRMAN KAUFMAN: Can the Sheriff do it? MR. LETOURNEAU: I don't think the Sheriff has the authority to go in there either. I think that's a unique situation where you probably made the right decision today to let the probate play out and see where it falls. Obviously, you know, come five months down the road and they've not done it at that point, maybe imposing the fines might spur the other family members on to, you know, taking care of it, because they're all losing money at that time. And it's out of your guys' hands. And they'd have to come back before the BCC in order to see if they could get the fines waived at that time, and I don't really know if they would look kindly on something like that, for leaving those cars out there for years on end. MS. CURLEY: Only one of the seven -- or eight seems to care. MR. LETOURNEAU: Correct. So, you know, I don't know -- but the county's not going to go on there and tow those cars out of there, or the Sheriff's Office. CHAIRMAN KAUFMAN: Okay. Okay. The Nuisance Abatement Board is closed. Motion for adjournment. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We're adjourned. ***** September 23, 2021 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at I I :12 a.m. CODE ENFORCEMENT BOARD ROBERT OF AN, CHAIRMAN These minutes appr ved by the Board on Q i ,2,9d0a/, as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 82