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CEB Minutes 10/29/2021October 29, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida October 29, 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 Kathleen Elrod Lee Rubenstein Tarik N. Ayasun, Alternate George Andreozzi, (Excused) Chloe Bowman (Absent) Sue Curley (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board October 29, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. 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 the 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. That's a mouthful. Okay. Why don't we all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, why don't we start out with the roll call. MS. BUCHILLON: Yes, sir. 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. MR. BLANCO: Here. MS. BUCHILLON: Mr. Lee Rubenstein. October 29, 2021 Page 3 CHAIRMAN KAUFMAN: Present. MS. BUCHILLON: And Mr. Taryk Ayasun. MR. AYASUN: Here. MS. BUCHILLON: Sue Curley is excused, and Mr. George Andreozzi is excused also. CHAIRMAN KAUFMAN: The minutes, everybody got the minutes? Does anybody have any changes, corrections, comments on the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor accepting the minutes. MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimous. They are approved. Which brings us to the agenda. MS. BUCHILLON: Yes, sir. First we'll start off with the stipulations. Number 3, CESD20210000240, Parrots in Paradise Trust. Second stipulation, No. 8 under hearings, CESD20210008622, Brother's Berman, LLC. Number 5 under hearings, CESD20200002525, James M. Altenburg. Number 9 under hearings, CESD20210001565, Maria Velazquez. October 29, 2021 Page 4 Number 11, CESD20210005318, Arturo Rives. Number 6, CESD20200003738, Yolanda Machado and David R. Cruz. And last stipulation, No. 7, CENA20210006479, Dale Ebanks. And next will be the withdrawns. Under public hearings, D, hearings, No. 1, CESD20190010807, Donald F. Muller and Ann F. Muller, has been withdrawn. They're still out of state and will be -- it will be rescheduled in January 2022. Number 2, CENA20210006442, Nina Lucia Marrero Diaz and Alfred Diaz, Jr., has been withdrawn. Violation has been abated. Number 4, CEPM202100007331, Windsor Place at Berkshire Lakes Condominium Association, Inc., has been withdrawn. Respondent has retained legal services. Number 12, CESD20210001113, Tonya Lou Stanley and Thomas M. Stanley, has been withdrawn due to compliance efforts. Under old business, motion for imposition of fines, No. 2, CESD20190011752, Roseanne Leising Hogle and Charles F. Leising, has been withdrawn. Has a doctor's appointment. Number 3, CESD20190011745, Diane M. Moore. Respondent's out of -- out of town and will be rescheduled for the January 2022 hearing. And those are all the changes right now. CHAIRMAN KAUFMAN: Okay. We'll get a motion to accept the agenda -- MS. ELROD: Motion to accept. MR. BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. October 29, 2021 Page 5 MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And we can start off with the motion for extension of time. Number 1, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc. (The speakers were duly sworn and indicated in the affirmative.) MR. BOYD: I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone. MR. BOYD: Good morning, Chairman Kaufman. My name's Don Boyd, B-o-y-d. I'm an attorney for Pelican Lake Property Owners Association, the respondent. CHAIRMAN KAUFMAN: Okay. And you're requesting an extension of time? MR. BOYD: That's correct, Chairman Kaufman. CHAIRMAN KAUFMAN: For any particular reason? MR. BOYD: Yes. I'll go through it. We did file -- we did file a written motion, but, essentially, what's going on here, in this drainage easement area, as the Board may recall, we're working with the county to get an easement-use agreement, and that's kind of -- we're getting farther down along that pathway. We did also need a permit modification with the South Florida Water Management District. We recently obtained that. That was step one that we needed before the county would approve the easement-use agreement. So that's kind of the reason we're asking October 29, 2021 Page 6 for the extension in this case, Chairman Kaufman. CHAIRMAN KAUFMAN: Okay. Joe, do you have any comments? MR. MUCHA: Yes. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. So I checked with the folks that are handling this application, and they had no issue with granting more time because they've been diligent about working towards -- CHAIRMAN KAUFMAN: Working through the blue tape? MR. MUCHA: It's a lot, apparently. So it's -- CHAIRMAN KAUFMAN: And how much time do you need to extend this? MR. BOYD: Chairman Kaufman, we're seeking six months. We -- hopefully it will be resolved before then, but we're just, again, seeking in an abundance of caution that much time to give us time to complete the process with the county. MS. BUCHILLON: Okay. Any comments from the Board? MR. LEFEBVRE: Just a clerical question. Is this on the agenda for imposition of fines at all? MR. MUCHA: No, sir. MR. LEFEBVRE: Okay. MR. MUCHA: I believe they're asking before their time was up. MR. LEFEBVRE: Right. This is back from -- I remember this case back from February of last year. So I'm just wondering why it wouldn't be on the agenda for today. We don't really have much of a choice to -- if we don't continue it, we can't hear the case today, so... MR. MUCHA: Correct. MR. LEFEBVRE: I make a motion that we continue it for six months. MS. ELROD: Second. October 29, 2021 Page 7 MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Against. CHAIRMAN KAUFMAN: Okay. One, two, three, four, five, six, and one, is it? Okay. It passes. 5-1. MR. AYASUN: 5-1. CHAIRMAN KAUFMAN: I should have said earlier that because of the composition of the Board today, that Tarik is a voting member, okay. MR. LEFEBVRE: So the difference between the extension -- do you want to -- and a continuance. CHAIRMAN KAUFMAN: This is a continuance, not an extension. Do you understand the difference? MR. BOYD: Yes, yes. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: I believe in their motion they had asked for the fines to stop. MR. BOYD: Yeah, if -- MR. MUCHA: Yeah. It's important that they know that. Fines are still going. CHAIRMAN KAUFMAN: If this wasn't heard yet -- is that October 29, 2021 Page 8 correct? MR. LEFEBVRE: This was heard as a case. MR. MUCHA: Yeah, it was heard as a case. CHAIRMAN KAUFMAN: Oh, okay. Okay. MR. LEFEBVRE: Back in February of 2020, we heard the case. CHAIRMAN KAUFMAN: Right. So at that time we did an extension -- an extension, or we did a continuance? MR. LEFEBVRE: Back in February 2020 we actually heard the case. CHAIRMAN KAUFMAN: Okay. And at this point it's whether we grant a continuance or an extension. MR. LEFEBVRE: Right. And I'm just reading through the brief that you submitted to the Court; is that correct? MR. MUCHA: That's correct, yes. MR. LEFEBVRE: Okay. So this is what you're submitting to us. All right. So you've been in front of us a few times to get this -- MR. BOYD: That's correct, yes. MR. LEFEBVRE: -- extended. MR. MUCHA: If it's any consolation to the -- the original issue was because their storage area was -- could be seen by the neighboring community. They have since planted the buffer there. They've fixed the walls. I mean, so -- I haven't heard anything from the complainants on this in probably two years. CHAIRMAN KAUFMAN: I haven't -- I don't have any problem with granting the extension, fines cease. MR. LEFEBVRE: Well -- CHAIRMAN KAUFMAN: You do? MR. LEFEBVRE: I do. I think we should keep it so that everyone knows that they have to move forward on this. We do have three new board members from -- I don't think they heard this October 29, 2021 Page 9 case, so they're kind of coming in here blind. But I think we should keep it as a continuance at this point. And, I mean, this case was heard back in, as I said, February, so we're going on over a year and a half. MR. RUBENSTEIN: Do we have any pictures? MR. LEFEBVRE: Well, this isn't the time to really hear the case. This is a time to -- MR. RUBENSTEIN: I mean, I voted against it strictly because it's been going on and on and on. MR. LEFEBVRE: Yeah. MR. RUBENSTEIN: And I can't see six months -- sorry to disagree with you -- to get this approved. MR. LEFEBVRE: It's a very complicated case. I don't want to go into the case. But basically there were items that were on the right-of-way and so forth. MR. RUBENSTEIN: I do. MR. LEFEBVRE: And you have to work with the county to try to get everything approved. So, I mean, probably vacate the easement and so forth. So there's a lot of things you have to do through the county. It's not the respondents -- CHAIRMAN KAUFMAN: Holding it up. MR. LEFEBVRE: Right, thank you. A lot of what -- he's just dealing with the county and the engineers and so forth. CHAIRMAN KAUFMAN: If we did the continuance -- I'm balancing. MS. ELROD: We did, right? We already voted. MR. LEFEBVRE: We voted on a continuance, at this point. CHAIRMAN KAUFMAN: Okay. It's a continuance at this point. The fines accrue. The respondent comes back, everything is done, and we can abate the fines at that time. So there's no harm in doing a continuance right now. October 29, 2021 Page 10 MR. LEFEBVRE: All right. So we've given an extension of time previously, correct? MR. MUCHA: Yes, sir. MR. LEFEBVRE: And when did that extension of time expire? MR. MUCHA: I believe -- I don't even think it has expired, or it's maybe close to expiring. That's why they wanted to get in before that extension -- continuance -- ] MR. LETOURNEAU: I'm looking at the order right now -- for the record, Jeff Letourneau, Collier County Code Enforcement. Let me see here. I can actually put it up on the -- MR. LEFEBVRE: In his brief it says on January 28th, 2021, No. 5, Page 2, that we granted a second extension of time. MR. MUCHA: Nine months, it looks like. MR. LEFEBVRE: But it says, granted extension of time to abate the violations. Pelican Lake was granted a continuance of 270 days. MR. LETOURNEAU: Correct. And then it says all parties shall be re-noticed for the subsequent hearing date on or about October 25th, 2021, right here. MR. LEFEBVRE: Right, right, okay. So it would be nines month from January 28th, which would be -- CHAIRMAN KAUFMAN: Today. MR. LEFEBVRE: -- roughly today. So the fines would start accruing as a continuance from today, correct? MR. LETOURNEAU: Correct. MR. LEFEBVRE: Okay. I'm okay with that. So I don't want to change my motion. CHAIRMAN KAUFMAN: Okay. So your motion is for a continuance? MR. LEFEBVRE: Right, with the fines starting to accrue as of the expiration of the 270 days from January 28th, 2021. October 29, 2021 Page 11 CHAIRMAN KAUFMAN: Okay. And we voted, and that motion was approved. MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: Okay. Does anybody on the Board have a problem with that? (No response.) CHAIRMAN KAUFMAN: Hearing none, that's what it is. MR. BOYD: Okay. Thank you, Board. I appreciate it. MS. BUCHILLON: Next item on the agenda, first stipulation, No. 3, CESD20210000240, Parrots In Paradise Trust. MS. PATTERSON: Hi. CHAIRMAN KAUFMAN: Good morning. Let the record show that the respondent is not present. Okay, Sharon [sic]. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us. MS. PATTERSON: Yes. For the record, Sherry Patterson, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Must obtain all required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy for the alteration work and enclosure of the rear lanai within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation October 29, 2021 Page 12 is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Is this a commercial property? MS. PATTERSON: No. MS. ELROD: Make a motion to accept the stipulation as written. MR. BLANCO: Second. CHAIRMAN KAUFMAN: Hold on. Wait a second, folks. From now on, when you want to make a motion, come through the Chair first, because we haven't discussed this, and to automatically do this at this time is unacceptable to me. MS. ELROD: Yes, sir. CHAIRMAN KAUFMAN: Okay. You got that? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. I was still asking questions. So this is a six-month stipulation to give them six months to -- is there some extenuating circumstances that makes it six months? MS. PATTERSON: This house was built in 1976 and there's no, like, any drawings or plans with the house, so they basically have to start from scratch, if you will. I mean, the addition is there, but they will have to get a Collier County building permit, hire an architect, they'll have to maybe modify the back addition. And with the materials shortage that's going on, the respondent requested six October 29, 2021 Page 13 months to get it done, so we figured we would give them a little more time than less, basically. CHAIRMAN KAUFMAN: Any other comments from the Board besides mine? (No response.) CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: I think a motion's been made and seconded. CHAIRMAN KAUFMAN: Say that. MR. LEFEBVRE: There's been a motion and a second already. CHAIRMAN KAUFMAN: I didn't recognize that motion at the time. So you're making a motion? MR. BLANCO: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: The reason I say that is we weren't finished doing the questions, so you've got to give some time for that to happen. October 29, 2021 Page 14 Good morning, Eric. MR. SHORT: Good morning. Go ahead and introduce the case. CHAIRMAN KAUFMAN: Are we up to Stipulation 8? MS. BUCHILLON: Yes, sir. Next stipulation, No. 8, CESD20210008622, Brother's Berman, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: Good morning. MR. SHORT: Good morning. MS. BUCHILLON: Let the record show that the respondent is not present. And would you like to read the stipulation into the record for us, Eric. MR. SHORT: Yes, sir. For the record, Supervisor Eric Short with Collier County Code Enforcement. It is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier County approvals, building permits, or demolition permit, inspections, and certificates of completion or occupancy to permit or remove the unpermitted and unapproved outdoor seating within 90 days of this hearing, or a fine of $200 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 that 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 October 29, 2021 Page 15 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 from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Eric. MS. BUCHILLON: Next stipulation, No. 5, CESD20200002525, James M. Altenburg. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: Good morning. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. And would you like to read the stipulation into the record for us? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, October 29, 2021 Page 16 Collier County Code Enforcement. Therefore, it is agreed between the parties the respondent shall: 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 obtaining all required Collier County building permits or demolition permits, inspections, and obtaining a certificate of occupancy/completion for the swimming pool/spa and screen enclosure within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation 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. Is this a safety and health by any chance? MR. HOLMES: No, sir. So this is a nearly completed pool. They got final inspections that are pretty much remaining, and the pool enclosure is completed. There are some minor modifications that will have to be made to it, but the owner's already met with county staff to begin the process of handling the permits as of yesterday, so... CHAIRMAN KAUFMAN: Okay. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MR. BLANCO: Make a motion to accept the stipulation as written. October 29, 2021 Page 17 MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Bradley. MR. HOLMES: Thank you. MS. BUCHILLON: Next stipulation, No. 9, CESD20210001565, Maria Velazquez. (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: I do. MS. VELAZQUEZ: I do. MS. PEREZ: If I may, before we begin, Ms. Maria's English is limited, so this young man behind her would be able to step in and assist if needed. CHAIRMAN KAUFMAN: Terri, do you have to swear him in as an interpreter? (Alfredo Solis, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) THE COURT REPORTER: And what's your name? MR. SOLIS: Alfred Solis. CHAIRMAN KAUFMAN: Okay. Cristine, you want to read the stipulation into the record for us? MS. PEREZ: Yes. Good morning. For the record, Cristina October 29, 2021 Page 18 Perez, Collier County Code Enforcement. I met with Ms. Velazquez this morning and discussed this stipulation agreement and signed. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted pergola, shed, aluminum overhangs, alterations to the single-family, and completion of voided permits for additions, lanai, and pool within 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, 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. A question I have is, is this zoned for multifamily use? MS. PEREZ: No. The home is single-family. CHAIRMAN KAUFMAN: It says that the alterations, we're going to convert it into a multifamily. MS. PEREZ: It says alterations to the single -family home. There was an efficiency with the original violation in the garage that had an extra kitchen. So all of those things will be removed so that it is a single-family home. CHAIRMAN KAUFMAN: Okay. Comments from the October 29, 2021 Page 19 Board? (No response.) CHAIRMAN KAUFMAN: Motions from the Board? MR. LEFEBVRE: Motion to accept the stipulated agreement. MS. ELROD: Second. MR. AYASUN: Second. Oh, sorry. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Cristine. Thank you. MS. BUCHILLON: Next stipulation, No. 11, CESD20210005318, Arturo Revis. (Alfredo Solis, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: I do. MR. RIVES: I do. CHAIRMAN KAUFMAN: Cristine, you're still there. MS. PEREZ: I'm still here. CHAIRMAN KAUFMAN: Do you want to read the -- could you state your name on the microphone for us, please. MR. RIVES: Arturo Rives. October 29, 2021 Page 20 CHAIRMAN KAUFMAN: Okay. And you're going to do the interpretation on this one as well, okay. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. As well, I reviewed the stipulation agreement with Mr. Revis this morning. Therefore, it was 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; abate all violations by -- No. 2 would be cease and desist the use of the garage as unpermitted living space, disconnecting any altered electrical connections at the circuit breaker within five days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion or occupancy for the garage conversion within 120 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 4, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 5, 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. Do you understand? MR. RIVES: Yes. CHAIRMAN KAUFMAN: Okay. MR. RIVES: Thank you, sir. October 29, 2021 Page 21 CHAIRMAN KAUFMAN: Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Cristine. MS. PEREZ: Thank you, Board members. MR. RIVES: Thank you, sir. MS. BUCHILLON: Next stipulation, No. 6, CESD20200003738, Yolanda Machado and David R. Cruz. (Alfredo Solis, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) (The speakers were duly sworn and indicated in the affirmative.) MR. SHANAHAN: Yes. MR. CRUZ: Yes. MS. MACHADO: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MR. CRUZ: David Cruz Machado. October 29, 2021 Page 22 MS. MACHADO: Yolanda Machado. CHAIRMAN KAUFMAN: Okay. It looks like you're handling all the translations for today. MR. SOLIS: Yeah. CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation into the record for us? MR. SHANAHAN: Yes, sir. For the record, Bill Shanahan, Collier County Code Enforcement. Therefore, 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 the 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 lanais, dens, and sheds within 60 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request an investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation by 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. Do you think you're going to be able to get all your permits within 60 days? MR. CRUZ: I think. The problem is that for the permit, it's not in my hand right now. This is why I need more -- if you have more time, that's best for me. CHAIRMAN KAUFMAN: Again, if you run into a road block October 29, 2021 Page 23 where you don't get the permits in a timely fashion -- MR. CRUZ: Yeah. CHAIRMAN KAUFMAN: -- to come back to the Board. Okay. Any comments from the Board? MR. LEFEBVRE: Question: Are you going to try to get these items permitted, or are you going to try to demo? MR. CRUZ: I have it. MR. SOLIS: He already has a permit. MR. CRUZ: I already have it. MR. SOLIS: If I may, he's already got a shed permit. He needs a spot survey for the sheds and the lanais. The work's done. The permit has been issued. It expired. So if he gets it reactivated and knocks out the inspections, he should be okay. MR. LEFEBVRE: Okay. Okay. Very good. CHAIRMAN KAUFMAN: Any motions from the Board? MR. LEFEBVRE: Make a motion to approve. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CRUZ: Thank you. MR. SHANAHAN: Thank you. MS. BUCHILLON: Next stipulation, No. 7, October 29, 2021 Page 24 CENA20210006479, Dale Ebanks. (The speaker was duly sworn and indicated in the affirmative.) MR. MARCHAND: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. Good morning. MR. MARCHAND: Good morning. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us? MR. MARCHAND: Yes, sir. For the record, William Marchand, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: 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 removing all Collier County prohibited exotic vegetation that exists within a 200-foot radius of any improved property within 60 days of this hearing, or a fine of a $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of this -- of the violation and request the investigator perform a site inspection 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: Okay. Is this a big piece of property or -- MR. MARCHAND: No. It's just a basic residential lot. CHAIRMAN KAUFMAN: Okay. October 29, 2021 Page 25 MR. LEFEBVRE: Is this in Naples Manor? MR. MARCHAND: No. It's in -- around the Trail Acres area. MR. LEFEBVRE: That's, like, a 50- or 80-foot-wide lot by 125 probably. MR. MARCHAND: Yes, basically. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. ELROD: Make a motion to accept the stipulation as written. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARCHAND: Thank you. CHAIRMAN KAUFMAN: Well, Helen, it looks like the stipulations are done. MS. BUCHILLON: Yes, sir. And the next case would be under hearings, No. 10, CESD20210007357, Laura Carr. (The speakers were duly sworn and indicated in the affirmative.) MR. LOPEZ-SILVERO: I do. October 29, 2021 Page 26 MS. CARR: I do. CHAIRMAN KAUFMAN: Good morning. MS. CARR: Good morning, sir. MR. LOPEZ-SILVERO: Good morning. CHAIRMAN KAUFMAN: Who is that masked man? Steven? Do you want to present your case first? MR. LOPEZ-SILVERO: Yes, sir. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is in reference to Case No. CESD20210007357 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A), a structural addition installed onto the southeast corner of the duplex without required Collier County permits, inspections, and certificate of completion; located at 526 107th Avenue North, Naples, Florida, 34108. Folio No. 53100160004. Service was provided on July 23rd, 2021. On July 12th, 2021, a site visit was conducted, and the mentioned violation was observed. Research of the property history revealed that no permits were obtained for the described structure and their alteration in question. A code violation building determination confirmed that a permit is required. The property owner has been advised of the violation and provided with the corrective action needed for compliance. As of October 28th, 2021, the violation remains. I would like to present case evidence -- correction. I would like to present case evidence in the following exhibits: It's going to be three pictures total. CHAIRMAN KAUFMAN: Has the respondent seen the pictures? MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those October 29, 2021 Page 27 pictures? MS. CARR: No, sir. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. LEFEBVRE: Make a motion to accept the photos. MR. BLANCO: Second. MR. AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOPEZ-SILVERO: The first two of the three pictures were taken by Investigator Arthur Ford on July 22nd, 2021. This being one, the one being displayed; and August 26th, 2021. And one picture taken by me September 20th, 2021, and a building determination. The structure in question is just over this vinyl fence line. It's a screened lanai slash porch. MR. LETOURNEAU: Yeah. We're having a little technical difficulties on the third picture. MR. WHITE: Just one question, if I may, Mr. Chairman. Patrick. CHAIRMAN KAUFMAN: Sure. MR. WHITE: Thank you. Investigator, do all three of those photos accurately reflect the October 29, 2021 Page 28 way that the property appeared at the time the photos were taken to the best of your knowledge? MR. LOPEZ-SILVERO: Yes, sir. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: So the first photo, Steven, was a white structure, then the next photo, it was blue. MR. LOPEZ-SILVERO: No, same structure. That white piece you saw is an awning attached to that screened lanai just behind the fence panels. MR. LEFEBVRE: Where the antenna is? MR. LOPEZ-SILVERO: Yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yes, unfortunately I can't access the third picture. MR. LOPEZ-SILVERO: The third picture just shows the interior of the structure. CHAIRMAN KAUFMAN: So it's -- what I'm looking at, the violation is behind that fence? MR. LEFEBVRE: Yes, sir. MR. LETOURNEAU: Yeah. This structure is off the -- is that the rear of the house, Steven? MR. LOPEZ-SILVERO: This is the side yard. It's attached to the southeast corner of -- this is currently a duplex residential multifamily, and this screened lanai is access to one of the units -- CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: -- and was recently built. I looked up aerial maps. Nothing from January of this year. So between January and July when we went out, this structure was built. CHAIRMAN KAUFMAN: Okay. And you checked to make sure that a permit was required for this? MR. LOPEZ-SILVERO: Yes, sir. October 29, 2021 Page 29 CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: And to my knowledge, there hasn't been any plumbing or electric added. It's just structural. CHAIRMAN KAUFMAN: Okay. Good morning. MS. CARR: Good morning. CHAIRMAN KAUFMAN: Your turn. MS. CARR: I have applied for a permit. I need a survey. And I thought I had it, didn't, and when I went to get the survey, they told me five to seven days. They can't expedite. And so I even offered to pay and then get permit, but Mr. Paul of Growth Management said, no, we want everything all together. So as soon as that survey's in, the permit will be applied, and I will contact Officer Lopez to come and reinspect and advise. CHAIRMAN KAUFMAN: So you need some more time? MS. CARR: Yes, sir. CHAIRMAN KAUFMAN: How much time do you think you need? MS. CARR: Two months, tops. CHAIRMAN KAUFMAN: Okay. Let me -- to begin with, let's find if guilt is -- is there a violation there from the Board? MR. LEFEBVRE: Make a motion that a violation does exist. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: (No verbal response.) October 29, 2021 Page 30 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And, Steven, do you have a suggestion for us? MR. LOPEZ-SILVERO: I do. The recommendation is that the Board -- correction -- that the Code Enforcement Board order 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: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion and/or occupancy for described structure and/or alteration within blank days of this hearing, or a fine of blank dollars 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 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. Would someone from the Board like to fill in the blanks? MR. LEFEBVRE: Before I do that, I just have a couple questions. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: How long ago did you ask for a survey to be done or hire a company? MS. CARR: Thursday. MR. LEFEBVRE: Of last week? October 29, 2021 Page 31 MS. CARR: Yeah. I didn't know I didn't have it, so I could have done it a week earlier, but I thought I had it. I had a plot and I -- but Mr. Paul said that didn't qualify; to walk around the corner, literally, and apply for the survey. So that was -- MR. LEFEBVRE: The survey they're going to probably have to do that, showing -- MS. CARR: No, no. It's there. It's existing. I mean, it's not that -- I don't know -- aren't all surveys, like, properties there? No? Sage at the office said that it would take five to seven days to get the survey. MR. LEFEBVRE: But you may have to hire someone else to do a survey to show where the lanai is now, and then they'll have to measure from the boundary to the lanai -- MS. CARR: Okay. MR. LEFEBVRE: -- and make sure it's -- so what I'm trying to get at, I'm trying to come up with a time frame -- MS. CARR: Okay. MR. LEFEBVRE: -- because I know I recently had some survey work, and I had someone else that contracted me, and it took three-plus weeks to get a survey done. MS. CARR: Okay. MR. LEFEBVRE: So I'm trying -- MS. CARR: Maybe a little bit more time, right. Thank you. MR. LEFEBVRE: -- to structure it so you only have to come back once, because if you have inspections done, and there's an issue with the lanai, if you have to fix a roofing issue or something, or whatever the case is, I want to give you some extra time. So that's why I was asking where you were in the process. MS. CARR: Okay. MR. LEFEBVRE: So I'll make a motion that the 59.28 be paid within 30 days; you'll have 90 days to get all the permits. So what it October 29, 2021 Page 32 would require is you calling up the county, and there's probably going to be a series of inspections you'll need from the county, and then you'll get a certificate of completion. And once 90 days is up, if it's not done, it will be $100-a-day fine. MS. CARR: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Steven. MS. CARR: Gentlemen and lady. MR. LOPEZ-SILVERO: Have a great weekend. MS. CARR: You, too. MS. BUCHILLON: Next item on the agenda under hearings, No. 13, CENA20210004949, Michael Sorrell, and the next case after that is also his, CEV20210004893. (The speakers were duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. MR. SORRELL: I do. October 29, 2021 Page 33 CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. SORRELL: Mike Sorrell. CHAIRMAN KAUFMAN: Okay. Michele, do you want to begin your case? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Could you move that microphone closer. For some reason I'm having problems hearing. MS. McGONAGLE: Is that better? CHAIRMAN KAUFMAN: Yes. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CENA20210004949 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181, litter including, but not limited to, appliances, vehicle parts, metal cages, windows, and household items stored outside. Notice of violation was posted on May 24th, 2021. I made a site visit on May 12th, 2021, and observed appliances, vehicle parts, metal cages, windows, and household items. Notice of violation was prepared and posted on the property and the courthouse on May 24th, 2021, with compliance due on June 8th, 2021. I received a call from the property owner, Michael Sorrell, on June 10th, 2021, stating that he moved his mother out of her house and the appliances and household items outside are hers. He also had to move some of his things out of the garage to make room for her furniture. He requested two more weeks to clean up the yard, which I granted. I made a site visit on June 25th, 2021, and observed the October 29, 2021 Page 34 appliances, litter, and metal remain on the property. The property owner called and requested more time to sort through the items from his mother's house, and I agreed to give him two more weeks. I made a couple more follow-up visits after that and observed the items remain on the property, and it did not look like anything had been removed. There was no further contact from the owner, and the case was prepared for a hearing on August 18th, 2021. As of October 28th, 2021, violation remains. I would now like to present case evidence in the following exhibits: Five pictures taken by me on May 12th, 2021; two pictures taken by me on July 20th, 2021; and two pictures taken by me on October 28th, 2021. CHAIRMAN KAUFMAN: Has the respondent seen the pictures? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to the pictures? MR. SORRELL: No, I don't. I'm not sure I've seen all the pictures, but I've seen a lot of pictures. CHAIRMAN KAUFMAN: Do you have the pictures that you can show, or just the ones that are going to be on the screen? MS. McGONAGLE: I showed him all the ones that are being presented. CHAIRMAN KAUFMAN: Okay. MR. SORRELL: The ones today? MS. McGONAGLE: Yes. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: Did you have any objection to any of the pictures? MR. SORRELL: Yes, I do. CHAIRMAN KAUFMAN: The pictures show your property? October 29, 2021 Page 35 MR. SORRELL: Yes, sir. Well, no, not all of them. I've got one here that's in my file under this that's not my property at all. I've got a picture of that that came off of her report, which I can sho w you guys. CHAIRMAN KAUFMAN: We'll give you your chance to show whatever you have. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: Right now we're deciding whether we should accept the pictures, if they're a depiction of the property. Michele. MR. SORRELL: Yes, sir. CHAIRMAN KAUFMAN: Okay. I'll take a motion from the Board to accept it. Gerald. MR. LEFEBVRE: If I can ask one more question. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: The five pictures that were shown to you earlier this morning that are going to be presented, are those of your property? MR. SORRELL: Yes. MR. LETOURNEAU: Clarification. I believe there's nine pictures, five from -- 5/12/21, two from 7/20/21, and two from 10/28/21. MR. LEFEBVRE: So just for clarity, could the inspector, once again, show the nine pictures that she's going to present today? And then we can ask that question if they are, in fact, the pictures of your property. MR. SORRELL: I don't have a problem with that. MR. LETOURNEAU: Sir, you can come over here. Michele, I can show them to him. I'm going to run through them real quick. MR. SORRELL: They're all my property. CHAIRMAN KAUFMAN: They're all on your property. October 29, 2021 Page 36 Okay. Get a motion from the Board to accept the photos. MR. LEFEBVRE: Make a motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: So the record would reflect, Mr. Chairman, that the respondent withdrew his objections because that is your property? CHAIRMAN KAUFMAN: Do you have any objections to these photos? MR. SORRELL: No, I still have a problem with this one that's in my file with this case. CHAIRMAN KAUFMAN: Just the ones that we're going to see today. MR. SORRELL: I'm fine with those. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Now, I'm just going to go in chronological order. The first five are from May, the second two are from July, and the last two are going to be from yesterday. MS. McGONAGLE: This is showing over on the right side of the truck there, you can kind of see there's a ladder. To the left of the ladder, there's some type of debris there. To the left of the October 29, 2021 Page 37 garbage can looks like some sort of a machinery type thing covered with a tarp. And then on the right side of the boat, there's some other -- just a pile of other items over on the right side of the boat. It looks like possibly some windows. And it's hard to kind of tell what exactly is all stored over there. MR. SORRELL: The stuff that's in the back of that -- I mean, I agree that that ladder shouldn't be there. The stuff that she's talking about that's over top of my tractor -- CHAIRMAN KAUFMAN: Let her present her case, and then we'll come back. If you want to put the same pictures up and discuss them, that's fine. MR. SORRELL: I've been before the special magistrate before, but not this board, so I apologize. MR. LETOURNEAU: I want to point out that we not only did cite litter, Michele also cited illegal outside storage. So it's a two-prong thing. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Michele, is this Estates-zoned property? MS. McGONAGLE: Yes. Metal cage. This is all items that -- his garage is to the left of all of this. There's some car parts, like a vehicle seat sitting there and a bunch of other miscellaneous -- it looks like a couple of tires down there, some other outside -- other items stored outside that don't belong there. Metal cage. There's some wire on top of the cage. Some -- I'm not sure what the thing is on the left over there. It looks like it's some sort of a car part, but I'm not positive what that is. And this is just another picture kind of showing the same things with a little bit better clarity, and then on the right over here you can see the windows. This -- go ahead. It's okay. MR. LETOURNEAU: Okay. This is in July here. MS. McGONAGLE: Yeah. July 20th it's showing that the October 29, 2021 Page 38 metal cage is still there. This is another July 20th picture showing those same items that were there on May 12th are still there, with the addition of whatever that red stuff is that's there. There's some other stuff piled up right there. MR. LETOURNEAU: Okay. Now, yesterday. MS. McGONAGLE: Same cage is still there. Now it looks like there's some sort of fencing or something down in front of where that cage is down in all the grass, and then the same items that were there previously. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: That's it. CHAIRMAN KAUFMAN: Do you have anything else, Michele? MS. McGONAGLE: No, sir. CHAIRMAN KAUFMAN: Okay. Any questions of the county from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, sir, you're up. MR. SORRELL: When I spoke to her on the phone, she said appliances. There was nothing said about the wire cage. And if you look at the -- if you can go back to the picture, I would like to -- the one with the wire. You can start with any of them. You can start with that one. MR. LETOURNEAU: Okay. MR. SORRELL: Today when she spoke to me she said that this stuff is storage metal. Those are lounge chairs. The ladder I understand shouldn't be there. I normally store the ladder on top of that trailer back there. And the stuff that's over top of the tractor she keeps referring to as windows, that was two screen doors that I replaced for my sister who lives in Cape Coral, and they're on a trailer. But the issue here is, as I've had -- been before a special October 29, 2021 Page 39 magistrate and was deemed "do not respond to anonymous complaint," and all these have came in anonymous complaints. I've had several in the last couple years because I irritated a neighbor I used to live next door to. I'm under the belief that the stuff on the trailer is okay. And the ladder shouldn't be there. I mean, I've got a blower sitting there that -- I do lawn service, so that shouldn't be there as well. But as far as the rest of it, the ladder and the blower is the only thing that I see is an issue. CHAIRMAN KAUFMAN: Your original discussions with Michele, did you say you were going to clean all that stuff up? MR. SORRELL: Well, she said appliances, but I don't know what she was referring to. So the appliances have been removed, and that's all I removed, because that was the only thing that I thought I was in violation for. The ladder I used and leaned back there. It's actually chained to that boat trailer so it doesn't get stolen. I know that that is a violation to have the ladder there. I didn't remove it. I should have. CHAIRMAN KAUFMAN: Okay. Do you have any questions of Michele? MR. SORRELL: On this picture, no. CHAIRMAN KAUFMAN: On any picture? MR. SORRELL: Yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Okay. Let me get another picture up here for you. MR. SORRELL: The cage that she's referring to is -- there's an orange tree planted inside of that that I put the cage over. There's two or three of my neighbors that have the same thing. That's why that's there. It's the same way with the other one. You can actually see the tree growing in the other one that's out by the road. October 29, 2021 Page 40 There's a kayak -- what she's referring to as car parts, that's the hood of my lawnmower. The other stuff is -- are two lawnmowers that are there by the recycle bin. I see a roll of fencing that shouldn't be there as well, but I don't know that any of this justifies an accumulation. MR. RUBENSTEIN: I have a question. MR. SORRELL: If you zoom in on that, you can see the plant growing inside of the box. That's why the two boxes are in my yard. I don't know if that's legal or not. I assume it is, because there's two or three of them on my street that are doing the same thing because the deer come through and eat that. That whole area there where that tree is, that was down from the hurricane. And there's a trailer parked there. Because I took the -- which is a dog box. I took the bottom out, set it over top of the tree. The rest of the stuff -- I'm in the Estates. I don't see any other violation but that, and I don't really think that that's really a violation. MR. RUBENSTEIN: Question, Chairman? CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: Do we have pictures of inoperable vehicles in the front yard? CHAIRMAN KAUFMAN: That's a separate case. We'll get to that one next. MR. RUBENSTEIN: Okay. MR. BLANCO: Jeff, can you put up the first picture. Sir, I have a question for you. Is that house your property, or is that your neighbor's property? MR. SORRELL: That is my property. MR. BLANCO: Okay. MR. LETOURNEAU: Michele, I have a question for you. The description on the agenda, the appliances, vehicle parts, metal October 29, 2021 Page 41 cages, windows, and household items stored outside, is that description on the notice of violation given to the respondent? MS. McGONAGLE: Yes, sir. I have the notice violation right here. It says, did not -- did witness litter including, but not limited to, appliances, vehicle parts, metal cages, windows, and household items stored outside. MR. LETOURNEAU: Thank you. MR. SORRELL: At the time that I spoke with her, I had not received any of the notices, except for the thing that was out by the road. I immediately called her the same day that I got it. I have the two notices that came that I never signed for. I've got a picture of one that I didn't sign for but my mailman did, and I've got the two that results from this case here that -- that's ripped off, been signed, but not by me. So -- and I've got a picture that shows a squiggly mark where my signature's supposed to be. So I did not receive this. I spoke to her on the phone. I did not read the paper that I got by the road, which had this on it, but I spoke to her. And the only thing that was really stated other than the cars was the fact that there was appliances. And I had a washing machine that belonged to my daughter, not my mom. My mom died several years ago. She bought a condo. It came with a washing machine and dryer. She gave me back the washing machine and dryer that I had. I'm using the dryer, and the washing machine was out front. It had been there about two weeks. It was removed the day that I spoke to her on the phone. MR. LETOURNEAU: Another question for Ms. McGonagle. Did you post the notice on the property at some point? MS. McGONAGLE: Yes. Both notices for both cases were posted at the end of the driveway, because the property is posted no trespass. The notice of violation was posted on May 24th, and it was after that that I talked to Mr. Sorrell. October 29, 2021 Page 42 MR. LETOURNEAU: Thank you. MR. SORRELL: I didn't go back there until June when I called her, when I got the notice. MR. LETOURNEAU: Well, we're almost in November here, so you've had plenty of time. MR. SORRELL: Plenty of time, but I don't understand the violations because I do understand that the stuff being on the -- I'm guilty because of the ladder, I'm guilty because of the blower, and I'm not guilty because of my lawnmower, and I don't think I should be guilty for the two boxes. So if you take that stuff out in that boat trailer there that's been complained about several times, it doesn't justify -- it doesn't constitute accumulation. MR. LETOURNEAU: I would disagree, because we did cite -- for the record, Jeff Letourneau, Collier County Code Enforcement. I would disagree with that assessment due to the fact that we not only cited the litter ordinance, we did cite the illegal -- I mean, the prohibited use which pretty much states that unless it's a permitted conditional or accessory use in that particular zoning district, which outside storage of all these items would be, since they're not stated in that particular zoning ordinance, that would constitute a violation of that ordinance. So, basically, anything that's not normally supposed to be outside that would be affected by weather or other things, including the lawnmowers, including whatever other furniture and stuff out there that's going to be subject to the weather, that should be stored inside a completely enclosed structure. MR. SORRELL: So then that would mean that my pool furniture that's on my pool deck -- MR. LETOURNEAU: No, I'm not saying the pool furniture. That's built for being outside. And I guarantee that if you clean up October 29, 2021 Page 43 the rest of the stuff, and Investigator McGonagle comes out there and those lawn chairs are still out there, we're not going to cite you for that. But the other stuff that normally wouldn't be built or allowed to be outside in the weather would be a violation of the prohibited-use ordinance. CHAIRMAN KAUFMAN: Without picking each individual piece, you have admitted that you're guilty of having certain things that shouldn't be there; is that correct? MR. SORRELL: Yes, but I don't think that constitutes an accumulation. CHAIRMAN KAUFMAN: That's not for you to decide. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: You have the violation. That would be up to the Board to decide. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: Okay. Any more comments from the Board? MR. BLANCO: I have a question for Michele. Were these pictures taken from the road or from the neighbor's property? MS. McGONAGLE: From the road, from the sidewalk. MR. BLANCO: Okay. MS. McGONAGLE: The property's on the corner of 8th Street and Jung. MR. BLANCO: Okay. So all of this is -- I mean, obviously, visible from the road? MS. McGONAGLE: Yes. MR. BLANCO: All the debris? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Is this a 1.17-acre lot, or is this bigger? MR. SORRELL: 2.58. October 29, 2021 Page 44 CHAIRMAN KAUFMAN: Two-point -- Okay. Okay. Any other comments from the Board? MR. AYASUN: Mr. Chairman, I have a question. CHAIRMAN KAUFMAN: Sure. MR. AYASUN: Sir, how often do you use the boat? MR. SORRELL: Well, I just used it two weekends ago. MS. McGONAGLE: If I may, the boat's not a violation. MR. AYASUN: Oh, it's not? MS. McGONAGLE: Yes. He was not cited for the boat. MR. SORRELL: But there are pictures of that under the vehicles that say, you know, the initial complaint said that there was numerous trailers and other vehicles. Well, there's not a trailer on my property that doesn't have a tag on it. There's not a vehicle on my property that doesn't have a tag on it. MS. McGONAGLE: That's the next case. CHAIRMAN KAUFMAN: That's the next case. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: Okay. The only question I have with the boat is, as I understand the ordinance, it has to be behind where the beginning of the house is. MS. McGONAGLE: Not on Estate-zoned property. CHAIRMAN KAUFMAN: Okay. MR. SORRELL: And that is way behind the front of my property. CHAIRMAN KAUFMAN: Okay, great. MR. RUBENSTEIN: Yes. MR. SORRELL: There's a lot of things that don't -- not the same -- because that's residential with an agricultural overlay out there, there's things that don't stand true in the city that you're allowed to do outside. And I've had that lawnmower cleared three times under different cases with it sitting out there, because that's October 29, 2021 Page 45 where it always sits. So I'm confused. I don't understand what's going on at this point. MS. McGONAGLE: I don't even have an issue with his lawnmower. It's all the other stuff that's out there. The windows that I have in that picture there off on the right he says are on a trailer. It's not clear that there's a trailer there. So I couldn't verify that they're on a trailer. They just look like they're piled on the ground. CHAIRMAN KAUFMAN: Okay. Lee. MR. RUBENSTEIN: Yeah. Do you have a garage on the property? MR. SORRELL: Yes, I have a -- MR. RUBENSTEIN: How big is it? MR. SORRELL: It's a three-car garage. MR. RUBENSTEIN: And is it full? MR. SORRELL: Yes, there's furniture in one side. I have two four-wheelers, I have a great big freezer, and I have tools for my business. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. Well, we're up to the point now -- unless you have other -- MR. SORRELL: Well, no. At some point I would like to have this picture taken out of my file, and other than that, I'm not here to say that that is -- that I don't have issues. I just don't think that it's an issue with an accumulation when that stuff can be explained. That stuff's not illegal. The lounge chair's not illegal. The blower's sitting there. I don't know how long it had been there when the picture was taken. I haven't used it for quite a while. CHAIRMAN KAUFMAN: I understand you have items there that are not illegal. MR. SORRELL: Yes, sir. October 29, 2021 Page 46 CHAIRMAN KAUFMAN: And you -- you're admitting that you do have items that shouldn't be there. MR. SORRELL: Two things. That doesn't justify an accumulation -- CHAIRMAN KAUFMAN: Okay. MR. SORRELL: -- in my point. CHAIRMAN KAUFMAN: Okay. MR. SORRELL: And if that was the issue, then I should have been told when I spoke to her on the phone to remove all this. I wasn't. The only thing that was brought up was an appliance. There was nothing said about car parts. There was nothing said about the dog boxes that are covering the plants. It was only the appliance. And immediately that day, after I got off the phone with her, I went and removed the washing machine that was sitting outside my garage door. CHAIRMAN KAUFMAN: Are you permitting Code Enforcement to physically go on your property? MR. SORRELL: No, sir. I haven't since 2008 when I went before the Board of County Commissioners and was deemed a "do not respond to anonymous complaint," because I used to live next door to a crackhead that got arrested for running a meth house, and he started calling on me. There was 60-some times in a four-month period that Code Enforcement, Animal Control, or Children and Families has been to my house. Children and Families has been to this house three times. The state steps in and says you cannot harass somebody. And I've been this -- I requested all my records. There's only, like, six issues with this address, but I've had Code Enforcement Board on my property maybe 15 times. CHAIRMAN KAUFMAN: Okay. Let's see if we can wrap this up right now, this case. You have another one right after it? October 29, 2021 Page 47 MR. SORRELL: Yes, sir. CHAIRMAN KAUFMAN: Anybody from the Board like to make a finding whether this is a violation or not? MR. LETOURNEAU: Mr. Chairman? MR. RUBENSTEIN: I'd make that motion. MR. LETOURNEAU: Can I clarify something? CHAIRMAN KAUFMAN: Hold on one second. MR. LETOURNEAU: The county is not in agreement with the respondent's assessment of what is and what isn't a violation out there. So I want to make it clear that we don't agree that just the ladder and, you know, whatever else -- he mentioned the lounge chairs -- are violations. We're saying that, like I said before, everything out there that's not supposed to be out there that's subject to weather that wasn't built to be outside is a violation and should be stored in a completely enclosed structure. So if you guys vote today to see that it's a violation, Michele's not going to sign an affidavit of compliance until the stuff that we think is a violation are removed or stored. I just want to make it clear if he thinks he's going to move the ladder and be in compliance, that's not going to be -- that's not going to be it. Also, just because you didn't read our notice which we sent certified, regular, posted, that's on you, sir. That's not on Code Enforcement. We're here with a charging document. We did everything we needed to do legally above and beyond to make sure that you were notified of this violation. MR. SORRELL: But I would like to have -- this is serious. I've talked to the Postmaster. Signing and forging my name on a certified mail is a big no-no. CHAIRMAN KAUFMAN: That's not -- MR. SORRELL: No, but at some point Code Enforcement Board -- I mean, this is, like, $40 worth of stuff you guys sent me. October 29, 2021 Page 48 CHAIRMAN KAUFMAN: Did they post the violation? MR. SORRELL: Yes, I saw the violation. I did not read it. CHAIRMAN KAUFMAN: And that's the whole point of posting it. They also stick it at the courthouse, and I don't know how often you go to the courthouse. MR. SORRELL: I live out in the Estates. CHAIRMAN KAUFMAN: I don't know that you'd ever see it, but that's the rules that they run by. So, Lee, you were going to -- MR. RUBENSTEIN: Yeah, I'd like to make a motion to accept the case ending 949 as shown, that it does exist. CHAIRMAN KAUFMAN: You're saying that it is a violation? MR. RUBENSTEIN: Yes, I am. CHAIRMAN KAUFMAN: Okay. We have a motion -- MR. RUBENSTEIN: Case 949. CHAIRMAN KAUFMAN: Okay. This is the first one. So we have a motion that a violation exists. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 29, 2021 Page 49 Okay. Michele, you have a suggestion for us? MS. McGONAGLE: Yes, sir. 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: Number 1, removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store items within a completely enclosed structures -- structure within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify Code Enforcement Board 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 an y 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. Anybody want to fill out the blanks? (No response.) CHAIRMAN KAUFMAN: Hearing none, I will. This is as simple as removing some of the items there. I don't know how you would go about identifying the items if you're not permitted on the property. But 60 days, and the fine would be $100 a day. So two months to clean it up, or $100-a-day fine. I would like, so you don't have to go back and forth on this and this doesn't go on forever, it might be easier to have somebody say that item is no good, this item is okay, et cetera, and then it's done. You get it done in 60 days. It shouldn't be, I would think, an insurmountable problem. October 29, 2021 Page 50 Comments from the Board? (No response.) CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Did you mention the operational costs? CHAIRMAN KAUFMAN: The what? MR. LEFEBVRE: Operational costs. CHAIRMAN KAUFMAN: Operational costs, 59.28, paid within 30 days. MR. LEFEBVRE: I second that motion. CHAIRMAN KAUFMAN: Okay. I have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which moves us on -- I'm trying to get you to resolve this so that you're happy; it doesn't cost you any money other than the operational costs. Now let's move on to the next case. Michele, do you want to present this case? This is the case ending in 893. MS. McGONAGLE: Helen, do you want to read it into the record? MS. BUCHILLON: Next case, CEV20210004893, Michael Sorrell. (The speakers were duly sworn and indicated in the affirmative.) October 29, 2021 Page 51 MR. SORRELL: I do. MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Okay, Michele, you're up. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CEV20210004893 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95, storing multiple inoperable vehicles in the front yard. Notice of violation was served on May 24th, 2021. I made a site visit on May 12th, 2021, and observed three vehicles with flat tires. The property is posted no trespass, so I was unable to determine if valid license plates are attached to the vehicles. Notice of violation was prepared and posted on the property and at the courthouse on May 24th, 2021, with compliance due on June 8th, 2021. I received a call from the property owner, Michael Sorrell, on June 10th, 2021, stating the vehicles are all operable and have valid license plates on them. He said one of the vehicles had a flat tire which has been fixed, and the trailer has a valid license plate but he misplaced the sticker. I asked if I could meet him to observe the license plates on the vehicles, and he stated that Code Enforcement Board may not go onto his property. I made several site visits but was denied access and could not verify valid license plates are attached to the vehicles or if the tires are flat or just sank into the -- sunk into the ground as the property owner stated. The vehicles have not moved since my initial site visit. The case was prepared for a hearing on August 18th, 2021. As of October 28th, 2021, the violation remains. October 29, 2021 Page 52 I would now like to present case evidence in the following exhibits: Five pictures taken by me on May 12th, 2021, two pictures taken by me on July 20th, 2021, and one picture taken by me on October 28th, 2021. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these pictures? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to these pictures? MR. SORRELL: No. I don't know that I saw the ones from yesterday, but I haven't changed anything. MR. LETOURNEAU: Do you want to look? CHAIRMAN KAUFMAN: Any objection? MR. SORRELL: No, sir. CHAIRMAN KAUFMAN: Okay. Take a motion from the Board to accept the photos. MR. LEFEBVRE: Make a motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Once again, we're going to go chronological. The first five are from May. Just stop me if you October 29, 2021 Page 53 guys want to take a closer look. MS. McGONAGLE: This is showing one of the vehicles. I did a zoomed-in shot, so it's easier to see that the front passenger's side tire appears flat. MR. BLANCO: So, Michele, same question: All of these vehicles are visible from the road? MS. McGONAGLE: Yes. I was on the sidewalk. MR. BLANCO: Okay. MS. McGONAGLE: The garbage can is strategically placed in that picture so I was unable to verify whether there was even a plate on that picture -- or on that SUV or not, and then the truck that's sitting there to the left, same thing, the front passenger's si de tire's flat. CHAIRMAN KAUFMAN: Is the -- go back one shot. Can you zoom in on the bumper on the middle vehicle. Is that a license plate, or is there a reflection? MR. SORRELL: There's a license plate on it. MR. AYASUN: Can't see it. MS. McGONAGLE: I can't see it. Because it would normally be below the tire behind where the garbage can is at. Right in there. MR. SORRELL: Well, the garbage can is out towards the end of the bumper. The tag's in the middle of the bumper. So that was not placed there to be strategic, as she put it. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Okay. MR. SORRELL: Can I say something about -- well, I want to see that photo whenever it's my turn to talk, please. That's the first time I saw that. It didn't come up in my file. I don't know what the point there was. CHAIRMAN KAUFMAN: Is that a trailer? MR. SORRELL: Yes, sir. October 29, 2021 Page 54 MR. LETOURNEAU: Michele? MS. McGONAGLE: This was -- this trailer was there when I went on May 12th, but it did not have a valid plate on it at the time that was visible, but it does now. So the trailer is not an issue anymore. And that's showing the tag on the trailer. And then this was on July 20th. Vehicles have not moved. Nothing's moved. Everything's the same. This was yesterday. The vehicles have not moved, and now there's garbage cans over in front of the other where I can't see that front tire on the vehicle closest. MR. LETOURNEAU: That's it for the pictures. CHAIRMAN KAUFMAN: Okay. Do you have anything else, Michele? MS. McGONAGLE: No, sir. CHAIRMAN KAUFMAN: Has the respondent offered to show you the registration on those vehicles at all? MS. McGONAGLE: No, sir. I asked -- MR. SORRELL: Yes, I did. She wanted me to scan them and e-mail them, and I'm not able to do that. MS. McGONAGLE: I asked you to meet me at the property and show them to me. MR. SORRELL: You asked to go on my property, which I denied. MR. LETOURNEAU: At this time we're not contesting whether or not they're tagged. We're contesting whether or not they're operable; is that correct? MS. McGONAGLE: Yes, sir. MR. SORRELL: The initial complaint said they were untagged. MR. RUBENSTEIN: Is he the legal owner of them? MR. BLANCO: Do you have the registration with you, sir? October 29, 2021 Page 55 MR. SORRELL: Yes, I do, on all my vehicles and all my trailers, and then I have -- going back to 2015 on some of my stuff here, I have my copies of insurance -- this isn't the first time I've had to prove ownership of these cars or my trailers or the boat trailers, because all those have been taken a picture of. Just because they're ugly doesn't make them illegal. And I have pictures. In her pictures I can show where you can tell the tires aren't flat on these vehicles. Then I've got pictures of where -- I took a tire gauge. I purposely did not move the vehicles. All the vehicles have been started since her second -- since I spoke to her in July. But here's me taking tire pressure here. You can see the tire pressure's, like, 32. That's on the green car that she says the tire's flat. MR. BLANCO: But, Michele, the registration is not the issue right now, right? It's just whether they're operable. MS. McGONAGLE: Correct. What we are here for, and as it's stated in the notice, it's storing multiple inoperable vehicles in the front yard. So the registration is not what we're here for today. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Okay. So it comes down to, and you understand, they're either operable or not. MR. SORRELL: They are operable. And one of the pictures that was taken before is of the lawn service trailer, and she goes, well, I wasn't questioning that one because I saw you driving it. Well -- MS. McGONAGLE: That was the truck, white truck. MR. SORRELL: That's the -- yes. So just a few months before this, I had another case opened on the same thing, which listed my lawn service truck, my lawn service trailer, both of my boats, and these vehicles. And I have closed that case with proof that they -- first off, she came in my yard. There was no flat tires. I've October 29, 2021 Page 56 got Janice Potter who's with you guys who did the same thing, wanted to know about the cars, and she came on my property, took pictures of my backyard, took pictures of everything, and that case has been closed, and I proved it then. And I'm back here again today over now -- which went from a tag violation to a tire violation. And the only way that I can prove that the tires aren't flat is show you guys pictures of the tire gauges in every one of the tires. I mean, there's the whitewall on the '65 Bellaire, and you can see it in her picture that the whitewall's visible. If the tire was flat, it wouldn't be visible. And the same thing with the blue truck. You can look underneath her zoomed-in photo and see there's a hole there, and that's what I told her on the phone, because -- I told her there were not any flat tires on it. I thought this went away because I had been deemed "do not respond to anonymous complaint," and none of that shows up in my file. And when I'm done here today -- because I only found out about this violation, that I had to come to court, last Wednesday, a week ago this past Wednesday, and that's when I requested all my records, which some of them I got. I have not gotten my police reports, which involve Code Enforcement coming to my house and bringing the Sheriff's Department with them, which is the way I want it. If you want to come on my proper ty, you're going to need to bring a search warrant and the Sheriff's Department. Well, they came on my property and -- with two sheriffs. No search warrant. And then I opened up my door, and they both unholstered their gun because my dog tried to get o ut. And in that report, the guy lists one lady was there. There wasn't. There was two people there. And I told him, you're in trespass with a firearm after warning, because I have gone through the County Attorney here -- because I used to sit here on a board for October 29, 2021 Page 57 10 years for the county and -- because I was violated and the chairman of the board was violated while they -- while Code Enforcement Board was delivering our package for our upcoming meeting, our minutes and everything. So I did it in a public setting. I have done it through my attorney from Chris Lombardo's office. I've done it through the County Commissioner's office. And every time you'll notice in here that under the comments it says, the person that owns the property has denied access. So she told me initially that if I would allow her access so she could verify if I had a flat tire or not, the problem would go away. And then today she said, well -- you know, she admitted to telling me to move the vehicles into my backyard. I have a swamp buggy in my backyard, and that red boat that's in some of these other pictures is in my backyard. I don't want to take vehicles that I'm using and park them in t he backyard, because every time it rains, the water builds up. The front of my property is much higher than the back of my property is. So they're there for a reason. They're adjacent to my driveway, and I don't see the problem. I mean, I can go back for, like, seven or eight years not only with closed cases where I have proven -- I'm sick of having to prove it. And I'm going to hope you guys can feel for me. I didn't deny that I had an issue with the other ones. I have a big issue with this, because the initial complaint said numerous trailers and vehicles that were unlicensed or inoperable. That's what it read. She wrote the whole thing. It doesn't say anything about a flat tire. It wasn't until I called Code Enforcement to get my records when she was on vacation, and the guy said, oh, it says a flat tire. So then when I spoke to her -- when I get the notice and had her phone number on it, I told her there is no flat tire. I thought this went away October 29, 2021 Page 58 on the vehicles. CHAIRMAN KAUFMAN: So to make this case go away -- MR. SORRELL: Well, in her words, it is to allow her to come on my property, which I'm not going to do. So I'm trying to make it go away with pictures of all the tires, pictures of current registrations, pictures of my insurance, pictures of previous recommendations, because this has been an issue everywhere. And the guy that used to pester us, the reason why I came before -- it wasn't only the special magistrate, but I also came before the Board of County Commissioners when Jim Coletta was on, and the guy that was harassing me, I mean, it made NBC News. And all he said was, I just want him to move. MR. LETOURNEAU: I would object to any of this. This has no relevance to what's going on right now, any kind of harassment or anything. MR. SORRELL: Well, I'm going to have to bring that up, so... MR. LETOURNEAU: Well, I'm going to object to it then. MR. SORRELL: Well, no. I'm not saying here. I'm going to bring it up, because I'm going to have to get my attorney again. CHAIRMAN KAUFMAN: Okay. Let's stick to -- MS. McGONAGLE: If I could please clarify. He did say -- I did tell him he could put the vehicles -- I suggested putting them in the backyard because he stated that people are constantly calling on them because they are older-looking vehicles. I suggested to avoid this in the future, he could put them in the rear yard where nobody would see them. He also stated he doesn't want to put them back there because they're vehicles he uses all the time, but since I've been out there on May 12th, those vehicles have not moved. I simply asked him -- and all this will go away if all he does is move those vehicles out of the supposed holes that are there so that from the sidewalk I don't have to go on his property. I just need him October 29, 2021 Page 59 to move his vehicles forward where I can see tires, that they're not flat, and I will do an affidavit of compliance. Case will be closed. That's all I've asked him to do. And I did the same thing when I talked to him in June on the phone; asked him to -- he didn't want me to go on the property. I said, fine. And, there again, he keeps bringing up registration. That's not an issue. We're here for the flat tires. MR. LETOURNEAU: I would clarify one thing, though. I think that to satisfy -- if a violation is found, to satisfy, I would ask him to move them while you were there just to verify that everything else on these vehicles is operational order too. CHAIRMAN KAUFMAN: Okay. Lee, you have a question? MR. RUBENSTEIN: Yeah, I do. Sir, the vehicles that are in question on the complaint, it says that they're inoperable. MR. SORRELL: Can we go back to the pictures? MR. RUBENSTEIN: My question to you is, are they inoperable? MR. SORRELL: No, sir, they're not. The '65 -- MR. RUBENSTEIN: Okay. Are you willing to have Code or the Sheriff come out there and watch these vehicles start up and move? MR. SORRELL: No. MR. RUBENSTEIN: Why? MR. SORRELL: Because I think that's a violation of my constitutional rights. Just like he said that they can -- you know, this guy here told me that they can do a postman's walk to my door; not when I'm posted no trespassing. I can start those vehicles and drive them. MR. RUBENSTEIN: You're written up -- MR. LETOURNEAU: We don't have to be on the property. October 29, 2021 Page 60 MR. RUBENSTEIN: -- for inoperable vehicles, so -- MR. SORRELL: Okay. Can I go back to the pictures? THE COURT REPORTER: Hold on. Hold on. I can only get one at a time. MR. RUBENSTEIN: So in order for you to show us that they're -- that they are operable, why aren't you willing to let somebody see them move, whether it's Code or the Sheriff's Office? And then this complaint goes away. But if you're not allowing anybody to see them move, then I would think that in the eyes of Code, that they're inoperable based on all the dates in the pictures that they haven't moved. So they're assuming that it is inoperable. So I think it behooves you to show them that they are operable. MR. SORRELL: Can we go back to the pictures, the one that's zoomed in on the blue Ford truck. MR. LETOURNEAU: Okay. I'm not sure which one that is, but let me find it here. This one right here? Which one are you talking about, sir? MR. SORRELL: Is that the one that's zoomed in the most? MR. LETOURNEAU: I'm not sure. MR. SORRELL: No, that's just a fender of the truck. MR. LETOURNEAU: That one. MR. SORRELL: Can you put that up on the screen? MR. LETOURNEAU: I can. MR. SORRELL: If you look here, you can see that my truck is parked in a low spot. You can see it under the truck. You can also see the rim is that far above the grass. If that tire was flat, the rim would be in the dirt, and it's not. And can you go back to the Bellaire, the gray -- the green car. MR. LEFEBVRE: You're going to need to be on the mic. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: Go back over to the microphone. October 29, 2021 Page 61 MR. SORRELL: All right. If you look at that tire, you see the whitewall? CHAIRMAN KAUFMAN: Yes. MR. SORRELL: Well, the whitewall is about this (indicating) far from the rim. So if you look here, the whitewall is way above grass. How's that tire flat? And then the Bronco has big tires on it -- the Bronco has big tires on it. From the sidewalk you can see the tires aren't flat. And from this and the fact that I've had seven or eight cases just in the last couple years is why I have an attitude abou t coming in and, you know, saying, hey, we're going to write you a ticket, so now we're going to write you a ticket, so now you have to let us on your property. MR. RUBENSTEIN: All right. My question to you -- and I'll ask it again. MR. SORRELL: Okay. MR. RUBENSTEIN: You're written up for inoperable vehicles. MR. SORRELL: Because of flat tires. MR. RUBENSTEIN: Pretty straightforward, whether it runs or it's flat or whatever. It's inoperable. You're saying that it is operable. MR. SORRELL: Yes. MR. RUBENSTEIN: Why won't you let the people look at it and see them move and operate, and this complaint goes away? MR. SORRELL: Well, I'll -- MR. RUBENSTEIN: Pretty straightforward. I mean, they don't look in the best of shape, so they're assuming -- they're assuming that they're inoperable. And if those were my vehicles, I would want to show that they are operable. Yeah, a dirty car is a nice car to somebody. So I would recommend that you show Code October 29, 2021 Page 62 that they work and they move, and that's the end of this complaint. CHAIRMAN KAUFMAN: It's not a beauty contest for the cars. MR. RUBENSTEIN: Pardon me? CHAIRMAN KAUFMAN: It's not a beauty contest for the cars. MR. RUBENSTEIN: Right. CHAIRMAN KAUFMAN: They either work, or they don't work. MR. SORRELL: Well, they work. And she's stating they have flat tires, when you can see on her own pictures they don't have flat tires. You can see on my pictures they don't have flat tires. MR. AYASUN: I don't think flat tires is an issue here. Do these vehicles -- are they operable? MR. SORRELL: Yes, sir. MR. AYASUN: Can you move them front and back? MR. SORRELL: Yes. MR. AYASUN: Well, why don't you show them? MR. SORRELL: I'll speak to my attorney before I'm allowing anybody on my property. MR. AYASUN: Oh, you're wasting time. Money, actually. CHAIRMAN KAUFMAN: Actually, you're wasting a lot of time when it could be cleared up -- MR. SORRELL: Well, I want to -- because there's going to be a case of harassment brought against the person that keeps turning me in. This is what I did last time. So that's going to happen for sure. And I will speak to my attorney and ask him what he advises me to do. Because this is all part of the harassment, and it's -- I've got pictures of houses two houses down that have more stuff in the front of their house than I do. I've got pictures of four houses down -- I got written up for a concrete block. October 29, 2021 Page 63 CHAIRMAN KAUFMAN: If there are other people who are violating the code, then you have a procedure that you ca n go through to file a complaint. But in the meantime, this is what we're talking about. And I'm going to cut off the bait on this. And I want to know whether somebody on the Board would like to make a motion whether a violation exists or not. MR. RUBENSTEIN: I'll make a motion, Mr. Chairman, that based on the evidence, that there is a violation that does exist -- CHAIRMAN KAUFMAN: Okay. So you -- MR. RUBENSTEIN: -- until proven otherwise. CHAIRMAN KAUFMAN: Okay. Well, you're making a motion that a violation exists? MR. RUBENSTEIN: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. WHITE: Just one point, Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Sure. MR. WHITE: Just that it's clear to the respondent that if he operates the vehicles with Code Enforcement Board or the Sheriff's Department not on his property but able to see them move, that that would abate the violation. CHAIRMAN KAUFMAN: Then we'll give him time to do that if this passes -- if this motion passes. MR. SORRELL: Well, we've got the holidays coming up, and I have my daughter coming back from college that I haven't seen in three years. MR. LETOURNEAU: If they're operable, it shouldn't take any time, though. CHAIRMAN KAUFMAN: You're right. Okay. We have a October 29, 2021 Page 64 motion -- MR. SORRELL: Well, it's going to take me time to schedule myself off from work. I started the cars back in June. I haven't started the cars since. I left them the way they were because I didn't figure you guys -- when you can see that the tires aren't flat, you're going to violate me for having an inoperable vehicle over a flat tire, which was the only issue she stated. The other issue that she has stated in her first violation was the tags. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I could facilitate a Saturday visit or a Sunday visit. We have investigators working both days. So if the work is a problem, then we can work around that. MS. McGONAGLE: And I am scheduled to work on November 6th on Saturday and will be more than happy to go out and stand on the sidewalk and watch him move the vehicles. MR. SORRELL: I'm willing to have the Sheriff's Department. I don't want Code Enforcement near me and -- MR. LETOURNEAU: Well, we can stand out from a legal vantage point any time we want to, sir. So we can be on the sidewalk. MR. SORRELL: And November 6th I have a hunting permit for Babcock Webb. Runs till the 14th. CHAIRMAN KAUFMAN: Okay. My grandmother has wheels. She's a trolley car. MR. LETOURNEAU: We're not asking to stand on your property, sir. We're asking to stand from a legal advantage point. MR. SORRELL: But I can't be there on November 6th. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Time out. We have a motion. We had it seconded. Did we vote on it? MR. LEFEBVRE: We didn't vote on it. October 29, 2021 Page 65 CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I just want to make a comment. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: Sorry, but -- MR. RUBENSTEIN: No, we're still under discussion. MR. LEFEBVRE: Right. Earlier you made a comment that you drive these vehicles on a regular basis; that's why you don't want to park them in the backyard. Hold on. And you just stated now that you haven't started them since June. I was on the other side of the fence of saying that there's not a violation, but if you haven't operated them since June, really, the question, if -- MR. SORRELL: Okay. Can I explain something? MR. LEFEBVRE: I'm just making comments. MR. SORRELL: Okay. Well, the '65 Bellaire, that car initially belonged to my daughter, and it is being restored. It has a brand-new motor, brand-new transmission, brand-new gas tank in it. The interior just got out of the upholstery shop. It's in my house, okay. I am currently working on that car. I realize, in the midst of all this, that if it's not immediately operable, that you're in violation. So the other -- the truck belonged to my father. It's got 55,000 miles on it, and I intend on giving it to my son. The B ronco -- CHAIRMAN KAUFMAN: Okay. I don't want to get into gory details. Me, personally, I'd be happy to see one of the vehicles move, but that's me; not all three of them, just one. Let's vote on the motion. MR. WHITE: Just one other point for the record, Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Sure. MR. WHITE: The respondent has indicated, as he did in the last case, that he has photographs. But for the record, he has not October 29, 2021 Page 66 asked to have anyone admit them into evidence or be seen by any member of the Board. CHAIRMAN KAUFMAN: Okay. MR. SORRELL: I mean, here's -- I have two copies of the pictures. That's -- I mean, do we need to go there with this? Here's the pictures of the tire gauge and the tires. I mean, you guys are saying now the initial complaint was about the registration, then it went to the tires, and now it's about whether I can drive them. MS. McGONAGLE: It's whether or not they're operable. That's why we're here. MR. SORRELL: Okay. CHAIRMAN KAUFMAN: Okay. Call the question. MR. WHITE: Mr. Chairman, I'm just pointing out for the record that, again, the respondent has proffered but not made any motion to have them admitted into evidence or seen by the Board. MR. SORRELL: Okay. I'd like to make a motion that you guys look at these pictures. MR. AYASUN: Mr. Chairman? CHAIRMAN KAUFMAN: I cut off public hearing. So we're going to vote on the motion now. All those in favor, say aye. MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, I would -- MR. SORRELL: This is not my property. I'd like to make October 29, 2021 Page 67 sure that this gets removed from my file. CHAIRMAN KAUFMAN: That's not what us. MS. McGONAGLE: I'll meet with you after the hearing and -- CHAIRMAN KAUFMAN: Okay. You have a suggestion for us, Michele? MS. McGONAGLE: I do. And I also want to state before I read this that part of this does state it does mention the valid license plates. That is part of our common recommendation for inoperable vehicles, because that's part of that ordinance. So -- that the Code Enforcement Board orders the respondent to pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, repairing and/or affixing a current valid license pl ate to each vehicle in violation or store these vehicles in a completely enclosed structure or remove offending vehicles from Estate-zoned property within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation 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. Anybody want to fill in the blanks? MR. BLANCO: Mr. Chairman, if I may, before -- I would like to recommend that the Board, since he petitioned for us to review the photos, just, you know, make sure that, you know, we're being fair to him as well, that, you know, we review the photos, and -- just for the October 29, 2021 Page 68 record. MR. WHITE: Mr. Blanco? MR. BLANCO: Yes, sir. MR. WHITE: My point was simply, as the Chairman indicated, the public hearing closed and that the window to move those into evidence was legally closed. MR. BLANCO: Got it. MR. WHITE: Now, if you want to go back and reopen the case and do whatever with it, that's a procedural opportunity that the Board has within its discretion. It's not required. MR. BLANCO: Okay. MS. McGONAGLE: And if I may, that's still not -- the pictures would possibly show that the tires are not flat, but it's not going to prove that they're operable. CHAIRMAN KAUFMAN: Okay. Let me -- I'll fill in the blanks, unless, Danny, you wanted to fill them in. MR. RUBENSTEIN: I have a recommendation for the blanks. CHAIRMAN KAUFMAN: Okay. Go ahead. MR. RUBENSTEIN: Twenty-one days to comply and $300 per day. CHAIRMAN KAUFMAN: Okay. The operational costs of 59.28 -- MR. RUBENSTEIN: 59.28 will accrue. CHAIRMAN KAUFMAN: -- will be paid in 30 days. MR. RUBENSTEIN: Correct. CHAIRMAN KAUFMAN: Okay. Part of the provision that Michele has read that we could involve -- not we. We don't work for the county, by the way. MR. SORRELL: Yes, sir, I was on a board. CHAIRMAN KAUFMAN: We don't work for the county. We work for the people actually, and they don't pay us much, by the October 29, 2021 Page 69 way, if anything. This can all go away we can get the Sheriff out there, if that's what it takes, and if Code Enforcement wants to look over the shoulder of the Sheriff standing out on the road, makes everything go away. Don't have to make a big deal over this thing. But, I mean, in three weeks, you're going to start accruing, according to this motion, if it passes, $300 a day. So t here's a time to stand on principle and a time to move on with it, pardon the pun. So all those in favor of the motion, say aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. MS. ELROD: Aye. MR. BLANCO: Nay. CHAIRMAN KAUFMAN: So we have three nays and how many ayes? One, two, three. We have an even amount of people here today. MR. SORRELL: Can I get the tie vote? CHAIRMAN KAUFMAN: You don't get to vote. MR. SORRELL: I was joking. MR. LEFEBVRE: How about if I make a motion to amend -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: -- the previous -- well, not amend. But I make a motion. 59.28 be paid within 30 days, 21 days, or a fine of $100 a day. MR. BLANCO: I'll second that motion. MR. LEFEBVRE: The issue I had was with the amount of the fine. CHAIRMAN KAUFMAN: Okay. So we have a new motion October 29, 2021 Page 70 and we have a second. Danny, did you second that? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. All those in favor? Aye. MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: So two opposed. It passes 4-2. I mean, I'd give up my own time to go out there and help you push the cars just to make sure they work. MR. SORRELL: I have a question about the first case, because I made notes, but then I lost where I put them. What was the time frame on that? CHAIRMAN KAUFMAN: Time frame on the first case was 60 days. MR. SORRELL: Sixty days? CHAIRMAN KAUFMAN: I saved Terri the time of looking it up. We're going to take a break now, by the way. MR. SORRELL: Sorry to have taken all your time. CHAIRMAN KAUFMAN: No problem. MR. LEFEBVRE: You're fine. CHAIRMAN KAUFMAN: Okay. We're going to take 10 minutes, 15 minutes, whatever. MS. McGONAGLE: Thank you. (A brief recess was had from 10:47 a.m. to 11:02 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Now, where were we? Oh, I think we're up to Helen. October 29, 2021 Page 71 MS. BUCHILLON: Yes, sir. Next case, we're going to go back to old business under motion for imposition of fines, Case No. 5, CESD20190013105, 3806 Exchange Avenue, LLC. MR. BLANCO: Helen, what was the case number? MS. BUCHILLON: Number 5 under imposition of fines. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: I do. MR. ASHMORE: I do. CHAIRMAN KAUFMAN: Give us a minute, Eric, to read through it. Can I get your name? MR. ASHMORE: Rod Ashmore, A-s-h-m-o-r-e. CHAIRMAN KAUFMAN: Okay. We all ready? Eric, you're going to tell me to go to the respondent? MR. SHORT: I'll go ahead and read this into the record and then -- CHAIRMAN KAUFMAN: Okay. Go ahead. MR. SHORT: -- address concerns. This is in regards to your past orders on August 28th, 2020. 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 in the Official Records Book 5817, Page 3116, for more information. The violation has been abated as of September 9th, 2021. Your fines and costs to date are as follows: Fines have accrued at a rate of $150 per day from the period of December 27th, 2020, to September 9th, 2021, 257 days, for a total fine amount of $38,550. The previously assessed operational costs of $59.28 have been paid, the operational costs for today's hearing would be $59.35, for a October 29, 2021 Page 72 total amount of $38,609.35. CHAIRMAN KAUFMAN: Okay. I do remember this from the past. If I'm not mistaken, this was done -- you had a tenant that needed to move out; is that the one I'm talking about? MR. ASHMORE: No. Unfortunately, not this case. CHAIRMAN KAUFMAN: Okay. Another one similar. MR. ASHMORE: Right. MR. LEFEBVRE: They all blend in. CHAIRMAN KAUFMAN: Yes, okay. Eric read the order into the record, and you are here to ask for? MR. ASHMORE: Abatement of the fines, please. CHAIRMAN KAUFMAN: It seems like it took a little bit of time. MR. ASHMORE: It did. I have a timeline, if I'm able to read it. CHAIRMAN KAUFMAN: Just give us a brief overview of it. MR. ASHMORE: Sure. On or about August 28th when the fine was put into motion, Ashmore Design was retained to do the permit drawings for compliance. At that time there were no existing plans of the building, because it's an older building, and this happened, like, in 1978, I believe, when this all started. So we were retained at that time. The application for permit was done in October of 2020. The permit was issued from Collier County on January 29th of '21. Due to existing fill conditions, we had to do revisions during that time, because we could not make the stairway meet the compliance code. So we had to go revise the plans, go back through the county permitting. That was in March. They came back out, then, in July. So from that time to the time of CO, the work was being done into compliance, and all permits have now been closed out, and the October 29, 2021 Page 73 CO has been issued. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. WHITE: Could the gentleman identify himself for the record, please. MR. ASHMORE: Yes. Rod Ashmore with Ashmore Design. MS. ELROD: I'd like to make a motion to deny the county the imposition of the fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Early Christmas for you. MR. ASHMORE: Thank you very much. MS. BUCHILLON: Next case, under imposition of fines, No. 4, CEPM20190008606, Arthur S. Nichols and Stella M. Nichols. CHAIRMAN KAUFMAN: Give us a minute. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. NICHOLS: I do. MR. BEASLEY: I do. CHAIRMAN KAUFMAN: Joe, do you want to read this into the record for us? October 29, 2021 Page 74 MR. MUCHA: Sure thing. For the record, Joe Mucha, supervisor Collier County Code Enforcement. This is dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15) and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location was 3112 Gordon Street, Naples; Folio No. 26830520006. Description was an unmaintained pool. Past orders: On July 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5822, Page 1425 -- 1424, for more information. On October 23rd, 2020, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. Violation has been abated as of October 27th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from September 22nd, 2020, to October 27th, 2021, 401 days, for a total fine amount of $100,250. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.56, for a total fine amount of $100,309.56. And just for you guys' recollection, I know it says unmaintained pool, but this was the very unique one where we were going to permit the pool to a pond. And it's something in my 16 years of being in Code Enforcement I've never dealt with before, and it was quite an unusual process. And the fact that -- Mr. Nichols, for a living, is a mover and travels the country, and he was gone a lot, and it definitely took a lot of hands getting involved in this. But we fi nally kind of October 29, 2021 Page 75 got -- figured it out. Unfortunately, it took way longer than expected. MR. LETOURNEAU: It was unique from the Building Department's aspect also, wasn't it, Joe? MR. MUCHA: Yes, yes, that's what I mean. Unique from there, because we really had a hard time figuring out how do we actually do this, and we went back and forth a lot with the county engineer, the building official, Renald Paul, and then they finally figured out it was just a one-time inspection that they had to go out. But, again, with Mr. Nichols traveling a lot, it was hard to pin him down, and -- but we finally got it all. CHAIRMAN KAUFMAN: So this converted a pool to a pond or a pond to a pool? MR. MUCHA: Pool to pond. Like I said, first one I've ever seen in 16 years, but it's all done. CHAIRMAN KAUFMAN: Okay. Sir. MR. BEASLEY: Good morning, esteemed members of the board. My name is David Beasley. I'm here with Artie Nichols. His wife has passed away. This Vietnam vet came home and found a hurricane-damaged pool with a tree in his pool. Somebody complained. The Board came out and they said that's not a well-maintained pool. He advised them that he doesn't want a pool. His wife has passed away. He wants a pond. He going to -- I'm sorry. He's going to memorialize her with a pond and enjoy that every day. They said they'd never heard of such a thing but worked with us professionally. You have an amazing board and county enforcement here. They're really sharp and pleasant and professional. They drafted something new called a water feature, which you now have in Naples, in Collier County, that allowed Mr. Nichols to October 29, 2021 Page 76 convert his pool into a pond. We had to buy an aerator, which I, myself, ordered for him on Amazon because of their quick delivery service. It ended up taking months because there was no such thing they had in stock anywhere, and they came from abroad. We did it. We got it gone. And Mr. Nichols does travel a lot. Mr. Nichols was not available during many of the times that the county would like to have a board member come out and examine it. But it was finally done. And it took a long time. And it was successful. And it was a unique situation. It was originally a violation of a pool that wasn't really a violation of a pool. It was a conversion of a pool into a pond with a new code called a water feature that is now available in this county. So we do ask for the fine to be abated in this case. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? October 29, 2021 Page 77 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NICHOLS: Thank you. CHAIRMAN KAUFMAN: Anytime you want to move the pond to a different location, the church did it in Pine Ridge. They had a pond right on 41. They moved it to a different piece on the property. And that was a lake. MR. BEASLEY: Wow. CHAIRMAN KAUFMAN: You can do anything with money. MR. BEASLEY: Have a great weekend. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: Okay. We're back to public hearings. Number 16, CESD20200012246, Martha Herebia. (The speakers were duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: I do. MS. HEREBIA: I do. MR. MARON: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone. You need to pull it closer so we can hear you. MR. MARCHAND: Oscar Maron (phonetic). MS. HEREBIA: Martha Herebia. CHAIRMAN KAUFMAN: Okay. Good morning. MS. RODRIGUEZ: Good morning. For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20200012246, dealing with violations of the Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a), unpermitted screen lanai, dog pen, chicken coop, all constructed without first obtaining a Collier County building permit located at 1707 Roberts Avenue, Immokalee, October 29, 2021 Page 78 Florida, 34142; Folio No. 00130920005. Service was given on April 21st, 2021; property and courthouse were posted. This case was initiated as a complaint on November 19th, 2020. I met with Martha, property owner, on November 19th, and I observed a screened lanai, a dog pen, and a chicken coop. After researching for permits, none were found for all structures. A determination was done by the building official, and it was determined that all structures needed to have permits for. On May 19th, 2021, owner removed the chicken coops and the dog pen. The only thing that remains at this point is the screened lanai. On April 28th, 2021, the owner did apply for a screen enclosure -- or screen lanai permit. She got a letter from the building permitting that she needed a spot survey. So at this point, she's been trying to get a survey, but she hasn't been able to because she claimed that it was four to six -- three, four months before she could get a permit -- I mean, a survey. So they abandoned the permit, because it's been six. So at this point, the only thing that remains is the screen lanai. CHAIRMAN KAUFMAN: When was that permit issued? MS. RODRIGUEZ: It wasn't issued. She applied for it. But she got a letter on May 28th that she needed a survey because she didn't have one when she put the application in for the screen lanai. CHAIRMAN KAUFMAN: Okay. Do you have any photos? MS. RODRIGUEZ: I do; I have two. And she hasn't seen them so, Jeff, you might want to show them to her. Two pictures. One picture dated October 22nd, 2021, and one dated April 19th -- I'm sorry. June. No, April 19, 2020. CHAIRMAN KAUFMAN: I'm a little confused on the dates; if you would humor me. Originally this case came up when? October 29, 2021 Page 79 MS. RODRIGUEZ: In November. CHAIRMAN KAUFMAN: On November -- MS. RODRIGUEZ: '19. CHAIRMAN KAUFMAN: That's a year ago. Okay. And then -- MS. RODRIGUEZ: In April. CHAIRMAN KAUFMAN: The chicken coop -- MS. RODRIGUEZ: The chicken coop. CHAIRMAN KAUFMAN: -- gone. MS. RODRIGUEZ: Gone. CHAIRMAN KAUFMAN: Flew the coop. MS. RODRIGUEZ: Yeah. And the dog pen. So the only thing that remains is the lanai. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: And she did go and apply for a permit, but they didn't give it to her because they didn't have a spot survey, which that's what she's trying to get right now. CHAIRMAN KAUFMAN: Okay. And the spot survey she told you that she couldn't get for how long? MS. RODRIGUEZ: Well, originally, when she first started calling the surveyors, they were telling her that it was going to take anywhere from four months to go to the property to survey because it was such a small project. CHAIRMAN KAUFMAN: Okay. But that was about eight months ago. MS. RODRIGUEZ: Yeah. Recently, though, she did get ahold of an engineer who then called me and said, it's going to take me six to eight weeks before I can go out there to survey it. So I said okay. Asked for some pictures. I sent it to him so that way he had a vision of what he was going to do. But -- because he's an engineer, and they do surveys, too. So at October 29, 2021 Page 80 this point I don't know where they're at with the survey, because that was, like, two weeks ago. CHAIRMAN KAUFMAN: So let me just -- is this they're going for an after-the-fact permit? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. So that would hinge on when this activity was done originally. MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: So it was done before this respondent owned the property. MS. RODRIGUEZ: No. She built it. She owned it. MR. LETOURNEAU: Mr. Chairman, I think you might be confusing the permit by affidavit. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Yeah. The permit by affidavit, once again, is if it was built before the current property owners, they can get that, but if they built it theirselves, they've got to go through the whole process. CHAIRMAN KAUFMAN: And that's where we are? MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: Okay. I understand. Now -- MR. LETOURNEAU: Did you guys vote on the pictures? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Oh, my bad. MR. LEFEBVRE: We didn't vote on the pictures. MR. WHITE: There was no motion. CHAIRMAN KAUFMAN: Well, you can show them. You're going to show us a picture -- MR. LETOURNEAU: I think that you guys have to enter -- CHAIRMAN KAUFMAN: Yeah. Make a motion to -- MS. ELROD: I'll make a motion to accept the photos. October 29, 2021 Page 81 CHAIRMAN KAUFMAN: Okay. You have a motion. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Word. MR. LETOURNEAU: Oh, that's not it. Hold on. MS. ELROD: Wrong word. CHAIRMAN KAUFMAN: Yeah, you need "lanai." MR. LETOURNEAU: Okay. And when was this one taken, Maria? MS. RODRIGUEZ: This one was taken on the 19th of November when I was there. CHAIRMAN KAUFMAN: Can you blow that one up a little bit? MR. LETOURNEAU: I can. CHAIRMAN KAUFMAN: So the lanai is that gray area? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And this one? MS. RODRIGUEZ: October 22nd of 2021. CHAIRMAN KAUFMAN: Okay. So it's still there. MS. RODRIGUEZ: It's still there. MR. LETOURNEAU: Yep. October 29, 2021 Page 82 MR. LEFEBVRE: Different color house, but -- CHAIRMAN KAUFMAN: Yeah. The house changed color, but the lanai remained gray. Okay. Okay. The county is -- MR. MARON: The survey's been paid for, so they're going to come out there and -- I mean, I don't know what else you-all want her to do. The survey's going to come out -- the survey guy's already been paid for. She has the proof right here. CHAIRMAN KAUFMAN: Let me explain a second. We're going to vote whether or not a violation exists. MR. MARON: Okay. CHAIRMAN KAUFMAN: If a violation exists, then we can determine how much time we can give you to resolve the situation. MR. MARON: Okay. CHAIRMAN KAUFMAN: Okay. So as presented, do you agree that the lanai was put in without a permit? MR. MARON: I agree. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion from the Board that a violation exists? MR. RUBENSTEIN: I'll make the motion that the violation exists. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. October 29, 2021 Page 83 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, you have a suggestion for us? MS. RODRIGUEZ: 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: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted screen lanai within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this order, and all costs of abatement shall be assessed by the property owner. CHAIRMAN KAUFMAN: Okay. How much time do you need to get it surveyed and get everything -- MR. MARON: How long to get the survey? MS. HEREBIA: The surveyor asked me for -- asked for six months, but I'm thinking about it. See, this -- MR. MARON: The screened lanai -- what she's saying is she already paid for the survey guy to come out there, but she doesn't know when they're going to come out there. She doesn't know exactly how much time she needs to be able to come respond to you guys and say, look, he already came out here. So I don't -- I'm October 29, 2021 Page 84 not -- I don't know what you guys want to do. MR. LEFEBVRE: I know. MR. MARON: Would it be -- I mean, are you guys going to allow her to have the lanai after the survey, or do we just tear it down and then -- CHAIRMAN KAUFMAN: I wouldn't think that you'd have to tear it down. MR. MARON: Okay. CHAIRMAN KAUFMAN: You just need enough time to get it all done. MR. MARON: Yes, sir, and she has the proof here that she's paid the survey already. Just waiting on them to come out. CHAIRMAN KAUFMAN: Okay. Gerald. MR. LEFEBVRE: I'm having work done on my house, and we've had to have surveyors come out, and they weren't six months out. And I'm in real estate, and I just did a real estate deal, and it took about three weeks for them to come out, so... MR. MARON: Again, she just paid for it yesterday, so it's not -- MR. LEFEBVRE: Okay. MR. MARON: She did -- she was on the phone with a bunch of them. And I'm in the construction, too. And just like with material and stuff, they've said they're not going to come out for a while. So, obviously, you're in a different area in Naples; they're going to come out to you right away. We're out in Immokalee. They're not going to come out, so... MS. RODRIGUEZ: The survey did say six to eight weeks. He can't come out. He's so busy. And he's coming out of LaBelle. MR. LEFEBVRE: And is there going to be engineering that needs to be done on this? MS. RODRIGUEZ: I don't know because of -- initially, when October 29, 2021 Page 85 they first put in the application, he did include plans for it, but I don't know if the plans are going to be something that they're going to take or not, because I think they drew them themselves. MR. LEFEBVRE: Right. MS. RODRIGUEZ: But I don't know. MR. LEFEBVRE: I'm trying to come up with a time frame of six to eight weeks. MS. RODRIGUEZ: I'm thinking that they're going to have to -- they're going to need plans. MR. LEFEBVRE: So let's say -- let's just give a little bit of leeway for the survey. Two and a half months. Let's say it's going to take 10 weeks. It's going to take probably another month if there 's engineering work. That's 14 weeks, and then inspections 16. So we're at 120 days at a minimum. CHAIRMAN KAUFMAN: How about 180 days? MR. LEFEBVRE: I think that would be fair. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So I'll make a -- can I go ahead and make a motion? CHAIRMAN KAUFMAN: Yeah, go ahead. MR. LEFEBVRE: Okay. Operational costs in the amount of 59.28 be paid within 30 days, 180 days to get everything permitted and completed, or $100-per-day fine. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. October 29, 2021 Page 86 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We were going to ask you for your recommendation, but we got it. So you have six months. MR. MARON: I appreciate it. CHAIRMAN KAUFMAN: And if it's not done in, let's say, five months, you may want to come back and ask for more time -- MR. MARON: Extension. CHAIRMAN KAUFMAN: -- if you get stuck on whatever. MR. MARON: Well, we're trying to get it wrapped up already, because it's been a minute, so... CHAIRMAN KAUFMAN: Okay. There's no -- MR. RUBENSTEIN: Can I ask a question to the respondent? CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Who built the lanai? MS. HEREBIA: Me and my husband. MR. MARON: It's one of those put together -- like, it's just real simple. MR. RUBENSTEIN: Not you? MR. MARON: No, not me. MS. HEREBIA: It was me and my husband. He already pass away. But I try -- see, I don't make it with engineer and the survey, I'll pull it down myself. Just give me time. CHAIRMAN KAUFMAN: Can you put one up -- no. MS. HEREBIA: What? CHAIRMAN KAUFMAN: Thank you very much. MS. HEREBIA: Thank you. MS. ELROD: Good luck. CHAIRMAN KAUFMAN: Good luck. October 29, 2021 Page 87 MS. BUCHILLON: Okay. We're back to old business. Motion for imposition of fines, No. 1, CESD20190014518, Henock Cherrelus, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. CHERRELUS: I do. CHAIRMAN KAUFMAN: Hi, Joe. Do you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 5306 McCarty Street, Naples; Folio No. 62047080005. Description of the violation was a lanai enclosed without first obtaining a valid Collier County permit. Past orders: On August 28th, 2020, 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, OR5817, Page 3104, for more information. On February 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 September 17th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 a day for the period of November 27th, 2020, to September 17th, 2021, for 295 days for a total fine amount of $29,500. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.56, for a total fine amount October 29, 2021 Page 88 of $29,559.56. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the mic for us, please. MR. CHERRELUS: Henock Cherrelus. (Cell phone rang.) CHAIRMAN KAUFMAN: Okay. And I must be hearing bells. You have a request of the Board? MR. CHERRELUS: Yeah. I requested that we abate the fees. I have already corrected the issue. This is a small house that I purchased as an investment property in 2015, I believe. This lanai was already enclosed, so when I was notified by the Code Enforcement that it was illegally done by the previous owner, so I hired -- immediately hired an architect to draw a plan. But during the process, the architect died. Then I have to hire a second architect. So we submitted the plan to the county for approval. It was rejected. It was a small house, and we could not find the original plan in an old house. So there was -- there was quite a few things that they requested that we corrected, and we did all these things. We went into the process, and my -- we started to do the job, and it was completed. But it was completed after the -- after the -- he initially give me about six months to get it complete -- because it's not just a lanai. It's attached to the structure of the house. And also it's under an LLC, so I could not pull it -- pull a permit -- owner permit, so I have to go through a contractor. So it took a little bit longer. But I finally got it done. CHAIRMAN KAUFMAN: Okay. Someone from the Board like to make a motion? MR. BLANCO: Make a motion to deny the county's petition for imposition of fines. October 29, 2021 Page 89 MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. Your fines are abated. MR. CHERRELUS: Thank you. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And the costs. MS. BUCHILLON: Last case under imposition of fines, No. 6, CESD20200010652, Michael A. Knight. (The speakers were duly sworn and indicated in the affirmative.) MR. KNIGHT: I do. MR. SHORT: I do. CHAIRMAN KAUFMAN: Eric, do you want to read the -- MR. SHORT: Yes, sir. For the record, Supervisor Eric Short with Collier County Code Enforcement Board. This is in regards to the past orders. On May 27th, 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 violations. See the attached order of the Board in the Official Records Book 5967, Page 2311, for more information. The violation has been abated as of August 31st, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day from the period of August 26th, 2021, to August 31st, 2021, October 29, 2021 Page 90 six days, for a total fine amount of $1,500. Previously assessed operational costs of $59.28 have been paid, the operational costs for today's hearing is $59.35, for a total amount of $1,559.35. CHAIRMAN KAUFMAN: Okay. MR. KNIGHT: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. KNIGHT: I'm here to request abatement of the fines. Ultimately -- I mean, it's a long story, but -- had one plumber signed up to do the work. Went to schedule the work. I think by the time I was able to get it scheduled, it was middle of July. And then as I had that scheduled, they called me and told me that the person that was originally supposed to do the work -- it's Aztec Plumbing. They have a bunch of, you know, people under them that, say, do the work specifically, and they send back out the person that agreed to do it. They said he no longer worked for Aztec and that they would have to send somebody else out to reevaluate the situation. And by that time, you know, it was very late in the process, so I was, like, I don't know if this is going to be finished in time. The contractor I was working with told me he had a plumber that could do it. Something else to note, through all this, Aztec still had never sent in their affidavit, so we were, you know, a little hesitant to have them come do the work without having the affidavit signed and sent in, but we were going to do that. Anyway, my plumber now had somebody -- or my contractor now had a plumber that could do the work, so I got him involved. Got that done as quickly as possible. And I believe the work was done on August 9th, and then from there, it was just getting inspectors to come out, so... CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Can you state your name on the record. October 29, 2021 Page 91 MR. KNIGHT: Oh, sorry. Michael Knight. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion from the Board? MS. ELROD: Make a motion to deny the county the imposition of fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: It carries. The fine is abated. MR. KNIGHT: Thank you. Have a good day. CHAIRMAN KAUFMAN: Before we end -- MR. LEFEBVRE: We have one more case. MS. BUCHILLON: We have one more case under hearings. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 15, CEROW20210008921, Dominic Lento and Alycia Lento. Respondent was notified regular and certified mail on October 15th, 2021, and it was also posted at the property and courthouse October 15, 2021. (The speakers were duly sworn and indicated in the affirmative.) MR. SWEET: I do. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. MR. SWEET: Good morning. For the record, Larry Sweet, Collier County Code Enforcement. October 29, 2021 Page 92 This is in reference to Case No. CEROW20210008921, and it's dealing with the violation, Chapter 110 in Road and Bridges, Article II, construction in public right-of-ways, Division 1, generally, Section 110 through 32 in relation to offending material blocking the right-of-way. It's located at 3775 29th Avenue Northeast, and its folio number is 40184600001. First service was given August 20th, 2021. This was a complaint received on August 20th from Road and Bridge. Specifically, vegetation in the right-of-way. Offending material blocking the flow of water and the swale in this location. While on site, I observed an abundance of vegetation in and along the length of the swale at 3775 29th Avenue Northeast. Several attempts have been made to contact to initiate compliance with the property owners, as they are unwilling to engage in correspondence and abate the violation. To this date the violation remains. I would like to -- excuse me. I would like to present evidence in the following exhibits: Two photos taken by myself on August 20th; we have two photos taken by myself on September 10th; and three photos taken yesterday, October 28th; also a zoning map of the property; and a zoomed aerial photo of the swale. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept photos. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) October 29, 2021 Page 93 MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Someplace there is a swale? MS. ELROD: Or a stream. MR. LETOURNEAU: These first three will be from August 20th. That was from August 20th. This one was from August 20th and -- oh, it's only two from August 20th. All right. Two from September 10th. And then three from yesterday, Larry? MR. SWEET: Yes, sir. MR. LETOURNEAU: And then I've got to go back up here. MR. BLANCO: Is this property off Everglades Boulevard or DeSoto? MR. SWEET: Off Everglades. MR. LETOURNEAU: When did this case start? MS. ELROD: August 20th. MR. SWEET: It started on the 20th of August. MR. LETOURNEAU: Okay. MR. LEFEBVRE: The overall condition of the house or the property looks like it's pretty -- MR. SWEET: Yes, sir. We have an existing case going for excessive grass and weeds that's been ordered. It has an order on it. MR. LEFEBVRE: Okay. MR. SWEET: And it's being abated by a vendor. And then an additional complaint was made by Road and Bridge that we're addressing now for vegetation blocking the right-of-way. MR. LEFEBVRE: Okay. The county could abate this if they October 29, 2021 Page 94 want to, correct? MR. SWEET: Yes, sir. MR. LEFEBVRE: Through lawn maintenance. MR. LETOURNEAU: And we will if you guys find it in violation, if they don't take care of it. CHAIRMAN KAUFMAN: Have you been in contact with these people at all? MR. SWEET: I've made several attempts, yes, sir. They don't want to -- the first contact I made with the violation notice, he signed. Since then, they have not wanted to come to the door, and -- CHAIRMAN KAUFMAN: So they're living there. It's not a case that -- MR. SWEET: They're there. CHAIRMAN KAUFMAN: -- it's an estate or something? MR. LEFEBVRE: Is it in foreclosure at all? MR. SWEET: No, sir. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: You told them that this is going to be coming to hearing? MR. SWEET: Yes, sir. There's documentation of notice posts. I've left door hangers saying that we, you know, would like to speak with them. I've left door hangers saying that the fines are running, you know, everything. MR. LEFEBVRE: I make a motion. CHAIRMAN KAUFMAN: Before you do, Helen, you probably want to put on the record your notification of -- MS. BUCHILLON: I did at the beginning. I'll put it again, if you'd like. CHAIRMAN KAUFMAN: No, that's okay. You sent them a letter and the rest of that? MS. BUCHILLON: Yes. October 29, 2021 Page 95 CHAIRMAN KAUFMAN: Okay. Gerald. Sorry. MR. LEFEBVRE: Make a motion a violation does exist. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I have a side question. Doesn't look like there's a swale there or had been a swale there in a long time. MR. LETOURNEAU: I believe there's a swale there, because you can see -- MR. LEFEBVRE: Water. MR. LETOURNEAU: Yeah, the water's accumulated in the swale, and the Road Department has determined that the weeds are blocking the flow -- the correct flow of this. CHAIRMAN KAUFMAN: And my question is, at the driveway, you have one picture that looks back at the house. MR. LETOURNEAU: Okay. I got to find that thing. MR. LEFEBVRE: Were you parked in the driveway? MR. SWEET: Yes, sir. That's a view from the right. MR. LETOURNEAU: Right there. Is that the one you're talking about? MR. SWEET: Yep. CHAIRMAN KAUFMAN: No. There's one that shows the October 29, 2021 Page 96 beginning of the driveway. They generally put a culvert under the driveway. It doesn't look like there's any -- MR. LETOURNEAU: It's probably there. You probably just can't see it. MR. SWEET: It's covered up with vegetation. CHAIRMAN KAUFMAN: Oh, so there is a culvert there; you just can't see it. MR. SWEET: Yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Just as a side note, the reason we have two cases and not one weed case is because our Estates weed case covers 30 feet around any structure out there. It doesn't really cover the right-of-way. So we had to cite this particular ordinance for this case. CHAIRMAN KAUFMAN: Doesn't the county periodically come by with that great big mower they have and -- MR. LETOURNEAU: We do, and we do cut the unimproved properties, but the improved properties are expected to maintain their right-of-way since they're permitted in that condition. CHAIRMAN KAUFMAN: Okay. So, Larry, you have a suggestion for us? MR. SWEET: Yes, sir. Recommendation from -- Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, removing all offending material not authorized in the Collier County right-of-way within blank days, or a fine of blank per day will be imposed until the violation is abated. Permits may be required to remove certain offending material. Please contact Collier County Transportation Division for guidance; October 29, 2021 Page 97 Number 2, 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 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. Anybody want to try filling out the blanks? MR. LEFEBVRE: Yes. Operational costs of 59.21 paid within 30 days, 15 days to abate the issue, or a $200 -a-day fine. MR. BLANCO: I'll second the motion. CHAIRMAN KAUFMAN: We have a motion. It's been seconded. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Larry. MR. SWEET: Thank you, sir. CHAIRMAN KAUFMAN: Now, that's all the cases? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: The last page or October 29, 2021 Page 98 next-to-the-last -- last page, next hearing date. I know you have down January 22nd, and I know that we're trying to put together, based on availability of the Board, a meeting sometime in December. The November hearing was -- MS. BUCHILLON: Canceled. CHAIRMAN KAUFMAN: -- canceled because it was the day before Thanksgiving and a lot of people are away, et cetera, et cetera. So did you want to canvass us on e-mail to see who is available and when? MS. BUCHILLON: For the December? CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: I don't have a date yet, but I will notify you as soon as I check -- MR. LEFEBVRE: Availability for the room, probably. MS. BUCHILLON: Yeah, and I just got the dates for the January. It will be January 27, 2022. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Twenty-seventh? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Anybody have any items they'd like to bring up? (No response.) CHAIRMAN KAUFMAN: We are adjourned. ***** October 29, 2021 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :45 a.m. C R EMENT BOARD c RO U MAN, CHAIRMAN These minutes approved by the Board on 27, , 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 99