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CEB Minutes 03/24/2022March 24, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, March 24, 2022 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 Danny Blanco Sue Curley Kathleen Elrod John Fuentes Lee Rubenstein Tarik N. Ayasun, Alternate Chloe Bowman (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board March 24, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: That respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. You all understand that? Of course not. That's all right. But that's required. Can we all stand for the Pledge now, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, why don't we start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? MR. FUENTES: Here. March 24, 2022 Page 3 MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Here. MS. BUCHILLON: Danny Blanco is running late, and Ms. Chloe Bowman is absent. CHAIRMAN KAUFMAN: Okay. I'm sure everybody's gotten the minutes. Anybody have any changes on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, we'll accept them as -- into the record as approved. Which brings us to the agenda. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Do you think there's any changes? MS. BUCHILLON: Yes, we have stipulations and withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We actually have three stipulations under public hearings, No. 14, CES202100012676, Kendall Perrine, LLC. Next stipulation, No. 15, CESD20210011573, Bayshore Suites, LLC. Next stipulation, No. 5, CESD20210002415, Melva Padilla and Nazaria Angelica Nunez. And those are the three stipulations. CHAIRMAN KAUFMAN: Okay. Why don't we go to the withdrawns. MS. BUCHILLON: Withdrawns, No. 5, public hearings, D, hearings, No. 1, CESD20210000054, Blackburn Revocable Trust, has been withdrawn. Permit has been issued. Number 7, CEPM20210009039, HALEX Corporation, has been withdrawn due to compliance efforts. Number 9, CENA20210011082, Polly Avenue, LLC, has been March 24, 2022 Page 4 withdrawn due to compliance efforts. Number 12, CESD20210007852, Yoelvis Ruiz Escobar and Lisandra Reyes Perez, has been withdrawn due to compliance efforts. Number 19, CESD2021000 -- wait -- 0011366, Timothy Dezego and Robin Dezego, has been withdrawn due to compliance efforts. Under motion for imposition of fines, No. 12, CESD20210007357, Laura Carr, has been withdrawn due to compliance efforts. Number 13, CEROW20210008921, has been withdrawn due to compliance efforts. Number 14, CESD20200000492, Jose Martinez Hidalgo and Oneyda Maria Diaz, has been withdrawn due to compliance efforts. Number 15, CESD20180011460, Carlos Valdes and Dulce Valdes, has been withdrawn due to compliance efforts. Those are all the withdrawn. And I have two that have some scrivener's errors on it. Do you want me to put those on the record now or when we call them up? CHAIRMAN KAUFMAN: Just put it on the record. MS. BUCHILLON: Okay. The first one is No. 11, under hearings, I'm sorry -- under hearings, CESD20210007671, Carlisle/Wilson Plaza, LLC, is missing Section 4.06.05.K.2. And the next one is No. 17 under hearings. It should be CESD20210011474. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the agenda as modified? MS. ELROD: Motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. March 24, 2022 Page 5 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're going to start out with the -- well, I'll leave that up to you where we start. MS. BUCHILLON: Motion for extension of time. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. Under public hearings, A, motions, motion for extension of time, No. 1, CESD20200002525, James M. Altenburg. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. ALTENBURG: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. ALTENBURG: James M. Altenburg. CHAIRMAN KAUFMAN: Okay. And you're requesting an extension of time? MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: Can you tell us why? (Danny Blanco is now present in the boardroom.) MR. ALTENBURG: I hired Slazenger Pools to complete a pool. This was some time ago, I believe. CHAIRMAN KAUFMAN: You don't have to get into details. You hired them, and then they didn't finish the job. March 24, 2022 Page 6 MR. ALTENBURG: Yes. He was stuccoing the project, the pool inside, and he looked at me and he said, do you want to go swimming tonight, or do you want to wait for a screen enclosure? And I said, what goes first? And he goes, the screen enclosure. He goes, but if I fill it up right now, you can go swimming tonight, and I'll just get a slap on the hand. I said, well, go for the slap on the hand. I'll swim tonight. So he filled it. It was supposed to be a black pool. It wound up to be a light blue pool. And, pretty much, I paid him in full at that point and never saw him again. Some time went by, years, I believe -- CHAIRMAN KAUFMAN: We don't have to hear the case now. We just want to know -- I want to know, is the pool safe? Is there a fence around it or whatever at this point? MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: Okay. So you want an extension of time because the contractor left. MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: Okay. Bradley? MR. LETOURNEAU: Brad, before you get going -- Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: I was told that some members of the Board were sitting too close to their table and have pressed the panic button a couple times and we've been locked down. If you guys hit it again, we're going to be locked down a while here. So if you guys could back up a little bit. CHAIRMAN KAUFMAN: Do we have to stay after school? MR. LETOURNEAU: Maybe. I don't know if you do it again. MS. CURLEY: Your chair handle hits it. CHAIRMAN KAUFMAN: Because my belly can't. March 24, 2022 Page 7 MR. LETOURNEAU: Go ahead, Brad. CHAIRMAN KAUFMAN: Bradley. MR. HOLMES: Yeah. Our understanding is that he was left with the burden of picking up the pieces. He's been working with Renald. CHAIRMAN KAUFMAN: My only concern is that the pool is safe, no kids are going to wander in there, et cetera. MR. HOLMES: It is safe. I have a photo if you wanted to look at it to remind yourselves, but it does have an enclosure around it. It is protecting it. CHAIRMAN KAUFMAN: Okay. So this -- you need an extension of time? MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: How much time do you think you need? MR. ALTENBURG: That's a real good question. The final elevation, he's out, like, 90 days. The final plumbing, he never showed up. The electrician, he found -- CHAIRMAN KAUFMAN: Without going into details, come up with a number. I need a month, two months, three months. Go ahead. MR. ALTENBURG: You know, if you don't want to see me back here again, we give it a year and see if we can get it done. CHAIRMAN KAUFMAN: I think a year is a little too long. Do you think you're going to have anything done in four months? MR. ALTENBURG: Renald gave me -- he said, you don't have anything here. You can wind this up in two weeks. So we gave it a shot for two weeks and pretty much nothing. CHAIRMAN KAUFMAN: Well -- MR. ALTENBURG: So I don't know. CHAIRMAN KAUFMAN: Well, I heard a year. I heard two March 24, 2022 Page 8 weeks. Do you want to pick some time in between that that would give you the opportunity to get in compliance? MR. ALTENBURG: Six months. CHAIRMAN KAUFMAN: Bradley, you have -- MR. HOLMES: I'm not picking for you. MR. ALTENBURG: I tell you, the original conversation that we all had was we'll give you six months, but then this thing came up, and I don't know why -- I really don't know why I'm here. MR. LETOURNEAU: The county has no problem with six months. CHAIRMAN KAUFMAN: Okay. Anybody on the Board want to make a motion to grant an extension of time of six months? MR. FUENTES: I'll make a motion -- MS. ELROD: I'll make a motion to grant six months. CHAIRMAN KAUFMAN: We have a motion. MR. WHITE: Continuance or extension? MR. RUBENSTEIN: I'll second. MS. ELROD: Extension. MS. CURLEY: Get the motion right. CHAIRMAN KAUFMAN: Hold on a second. MR. WHITE: Continuance or an extension? CHAIRMAN KAUFMAN: Extension. MS. ELROD: An extension of time. CHAIRMAN KAUFMAN: Okay. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. March 24, 2022 Page 9 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months. MR. ALTENBURG: Thank you. CHAIRMAN KAUFMAN: Okay. Get into compliance. Stay out of the pool. Get to work. Okay, Helen. MS. BUCHILLON: Next, we're going to go with the stipulations. First stipulation, under hearings, No. 14, CESD -- I mean CES20210012676, Kendall Perrine, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. GAREK: Yes. MR. COLLIER: Yes. CHAIRMAN KAUFMAN: Okay. We have a stipulation. Do you want to read it into the record for us? MR. COLLIER: Yes. Therefore, it is 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: A, must remove all prohibited signs as defined in the Collier County Land Development Code from the property within three days of this hearing or a fine of $250 per day will be imposed until the violation is abated; B, obtaining all required Collier County sign permits and/or temporary-use permits, inspections, and certificate of completion to keep or remove all other unpermitted signs on the property within 180 days of this hearing, or a fine of $250 a day will be imposed until March 24, 2022 Page 10 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; 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 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. I have one question. This was shown as a violation in December of 2021; is that correct? MS. GAREK: Yes. CHAIRMAN KAUFMAN: Is there any reason why it's taken this long to get to this position? THE COURT REPORTER: Can I get your name? MS. GAREK: Joan Garek. I'm the property manager, and I'm working with tenants. And so I had to reach out to a sign company in order to connect them with the tenant and to go over all the requirements. I did that, and then one of the partners of the main business in the center came down with cancer, and so he was in the hospital for a couple months. And by the time I caught up with him -- he's the more reasonable person to work with. By the time I caught up with him and got all this done, that's how we are here asking for the time in order to comply. CHAIRMAN KAUFMAN: Okay. So do you think three days is sufficient? Well, that's what you agreed to. MS. GAREK: Well, that's what was offered, so... CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, it's really 60 days -- or 90 days since December. March 24, 2022 Page 11 CHAIRMAN KAUFMAN: Right. But this stipulation is showing three days. County have -- you've discussed it. This seems like a logical fix? MR. COLLIER: Yes. There are some things that can be removed immediately and some things that require a permit and contractor to come in. CHAIRMAN KAUFMAN: Okay. And you're working with the contractor to get that done? MS. GAREK: Yes; yes, sir. CHAIRMAN KAUFMAN: All right. MS. CURLEY: I'll make a motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. FUENTES: I second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. Good luck. MS. GAREK: Thank you. MS. BUCHILLON: Next stipulation, No. 15, CESD20210011573, Bayshore Suites, LLC. March 24, 2022 Page 12 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Good morning, John. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. Therefore, 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; Number 2, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the building modifications within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation 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; And, No. 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. Let the record show the respondent is not present. They agreed to this? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Doesn't look like any problem? MR. JOHNSON: No, sir. CHAIRMAN KAUFMAN: Any motion from the Board? MS. ELROD: Motion to accept the stipulation as written. March 24, 2022 Page 13 MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Next stipulation, No. 5, CESD20210002415, Melba Padilla and Nazaria Angelica Nunez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PADILLA: I do. MS. PULSE: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MS. PADILLA: Melba Padilla. CHAIRMAN KAUFMAN: You can move it down if you want or, if you want, you can grow. Either way. MS. PADILLA: Okay. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation? We don't have a copy of this one in our package, but we'll let you read it to us. March 24, 2022 Page 14 MS. PULSE: Okay. Good morning. For the record, Dee Pulse, Collier County Code Enforcement. 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 ceasing and desist the use of the unpermitted garage conversion into additional living space and powering off any unpermitted electricity from the circuit breaker until alterations are legally permitted and inspected within three days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to keep the garage alteration or return it to a permitted state within 60 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 4, 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. Is someone going to out there and check to make sure that the electric is turned off in three days? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Okay. I see this is a case that's about nine months old. You're going to be able to get this all done according to what you agreed to? March 24, 2022 Page 15 MS. PADILLA: Yes. MS. CURLEY: I could make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Thanks, Dee. We finished the stipulations. Jeff, do we get a gold star? MR. LETOURNEAU: You guys did great. Thank you. MS. BUCHILLON: Next, we're going to do an imposition of fines case that has an attorney here. CHAIRMAN KAUFMAN: Okay. Number 18, CEPM20190000162, Betty J. Slamans and John David Steele. This is under hearings or impositions? MS. BUCHILLON: Impositions, sir. MS. ELROD: I don't have it. CHAIRMAN KAUFMAN: Fifteen. I don't see 18. MS. CURLEY: 162. It's the last one in our packet. THE COURT REPORTER: Do you swear or affirm the March 24, 2022 Page 16 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. THORNTON: I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning, Joe. Good morning. MR. THORNTON: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the mic for us, please. MR. THORNTON: Chris Thornton. CHAIRMAN KAUFMAN: Okay. Okay. Joe, do you want to read through the imposition, and we'll take it from there. MR. MUCHA: Sure. 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 6, Section 22-231(12)(C). The violation location was 109 Enchanting Boulevard, Naples. Folio No. 31142502189. Description of the violation was roof and fascia damage from Hurricane Irma. Past orders: On January 28th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached Order of the Board, OR5896, Page 3098, for more information. Violation has been abated as of February 9th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for the period from January 24th, 2022, to February 9th, 2022, 17 days, for a total fine amount of $850. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing is $59.35. March 24, 2022 Page 17 For a total fine amount of $909.35. CHAIRMAN KAUFMAN: Okay. Counsel, you have any comments? Questions? Requests? MR. THORNTON: Yes, Mr. Chairman. Thank you. Again, I'm Chris Thornton, and I'm here as attorney for Mr. Steele but also as his power of attorney. He had to work today and couldn't afford to lose the money. And so you have submitted a signed power of attorney so that I can do whatever we need to do for him today. Mrs. Slamans actually -- I guess I'll include in my story. This is a Hurricane Irma roof damage case on a mobile home. The owners were led a little bit down the primrose path by UMCOR and Rebuild Florida. They thought they were eventually going to get a free replacement home because they qualified financially. For various reasons, that never came through. And that took a long time to figure that out. By that time, they started to raise the -- Mr. Steele started to raise the money to replace the roof. He eventually did. And that's why the violation has been abated. So his roof has been replaced. CHAIRMAN KAUFMAN: Okay. I remember the case. MR. THORNTON: Right. Anyway, that's all. I ask that there be no fines imposed. Operational costs -- no objection to operational costs, but we would ask, due to the circumstances, that no fines be imposed. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Mr. Chairman, I'd just note for the record that the form has been submitted for the limited durable power of attorney for Mr. Thornton, and it's part of the record. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? I remember this case distinctly, and the fines of $50 a day was a low number typically from us because of the circumstances of this event. March 24, 2022 Page 18 MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: You need to give them a discount now, at least $850 discount. MR. THORNTON: It's a pro bono case. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: There you go. I was only kidding. MS. BUCHILLON: Okay. Mr. Chairman, the next attorney, they actually came into a stipulation. CHAIRMAN KAUFMAN: So we need to modify the agenda. Okay. Which one was that? MS. BUCHILLON: That is under hearings, No. 21, CESD20200012115, Bloodmoney R/E Holdings, LLC. CHAIRMAN KAUFMAN: I love the name. Get a motion from the Board to adjust the agenda. MS. ELROD: I'll make a motion to adjust the agenda. March 24, 2022 Page 19 MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: Excuse me. Will you just tell m e the name -- the number again, Helen. MR. WHITE: Twenty-one. CHAIRMAN KAUFMAN: Twenty-one. MS. CURLEY: Thank you. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LOMBARDO: Yes. MR. JOHNSON: Yes, I do. CHAIRMAN KAUFMAN: John, you want to read the stipulation into the record for us? MR. JOHNSON: Yes. For the record, John Johnson, Collier County Code Enforcement. Therefore, 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; March 24, 2022 Page 20 Number 2, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted boat lifts within 180 days of this hearing, or a fine of $200 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; and, 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. Counsel, you agree to all of this for your client? MR. LOMBARDO: Yes. MR. WHITE: For the record? MR. LOMBARDO: Oh, sorry. Zach Lombardo. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MS. CURLEY: Just a question. So it's already been a year. They need another half a year? So you need a year and a half? MR. LOMBARDO: Yes. The -- I can explain this if you'd like, or I can just say yes. MS. CURLEY: Nope, just say yes. CHAIRMAN KAUFMAN: Yes is an answer. 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 second. March 24, 2022 Page 21 All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOMBARDO: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: We are back to hearings, public hearings, D. First case is No. 3, CESD20200012476, French Family Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. GOODRY: Yes, I do. MR. MACEDO: Yes. CHAIRMAN KAUFMAN: Could you state your name. MR. GOODRY: Andy Goodry. CHAIRMAN KAUFMAN: And you are? MR. GOODRY: The owner of the property now. CHAIRMAN KAUFMAN: The owner of the property now? MR. GOODRY: Yeah, when the -- CHAIRMAN KAUFMAN: We'll get to it. MR. GOODRY: Go ahead. Thanks, Luis. CHAIRMAN KAUFMAN: Good morning. MR. MACEDO: Good morning. CHAIRMAN KAUFMAN: I don't remember seeing you there March 24, 2022 Page 22 before. Are you new? MR. MACEDO: No, I'm not. I've been here a couple of times. CHAIRMAN KAUFMAN: Okay. Well, I'm new. What can I tell you? MR. MACEDO: Good morning. For the record, Luis Macedo, Collier County Code Enforcement. This is in reference to Case No. CESD20200012476 dealing with the violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) for unpermitted second-story floor addition located at 258 Rose Apple Lane, Naples, Florida, 34114. Folio 436000001. Service was given January 19th, 2021. The case was open on November 20th, 2020, by a complaint to Collier County for unpermitted second-story addition to a single-family home. On November 30th, 2020, access to the property was granted to Investigator Ryan Cathey by the tenant of the home. The Investigator Cathey observed and photographed alterations to the home to include living spaces, bedrooms, plumbing, electrical, stairs, and a deck. A determination was completed by the building official, Jonathan Walsh, who determined that the permit was required, and a notice of violation was served. There were delays in submitting for the permit application due to the architect pursuing a permit by affidavit. And this being a complicated project, a permit application after the fact on the second-floor residential addition with ground-floor remodel was finally submitted on July 27th, 2021. This permit application was rejected August 17th, 2021, with multiple corrections needed. No corrections were submitted for the permit application, and it is now expired as of February 14th, 2022. March 24, 2022 Page 23 As of March 24th, violation remains. And at this time I would like to present case evidence in the following exhibits: Seven photographs taken by Ryan Cathey on November 30th, 2020, two aerial photographs of the property, and a building determination by Jonathan Walsh. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MACEDO: Yes. I believe he was there when the photos were taken by Ryan. CHAIRMAN KAUFMAN: Do you have any objection to the photos being entered into -- MR. GOODRY: No, none. That's fine. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the photos? MS. ELROD: Motion to accept -- MR. BLANCO: Second. MS. ELROD: -- the photos. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: I'm going to go with the determination March 24, 2022 Page 24 first. CHAIRMAN KAUFMAN: Sure. This is from Walsh? MR. LETOURNEAU: That is not the determination, so we're not going to go with that. CHAIRMAN KAUFMAN: Okay. Go for it second. MR. LETOURNEAU: We're going to go with the aerial. CHAIRMAN KAUFMAN: Okay. Looks like a roof on a house. When you put the photos up, could you tell us when they were taken, Jeff? MR. LETOURNEAU: I will. Let me zoom in here a little bit. I believe, Luis, that this is the 2016 aerial photo from the Property Appraiser's Office. MR. MACEDO: That's correct, yes. MR. LETOURNEAU: And we're going to go back to the more current one. MR. MACEDO: Yes, 2021. MR. LETOURNEAU: As you can see, there was some changes made to the aerial. Oh, sorry. CHAIRMAN KAUFMAN: I didn't see any changes on that. MR. LETOURNEAU: Okay, all right. Right here. And then let's go back to the original. MR. BLANCO: This is not estates-zoned property, right? MR. GOODRY: No, it's not a state sold property. Is that what someone asked? Are you asking me that? MR. FUENTES: Estates zoned. MR. GOODRY: Oh, zoned. No, sir. It's a private property, regular. MS. CURLEY: Estates. CHAIRMAN KAUFMAN: I guess the question is, where is it located? March 24, 2022 Page 25 MR. GOODRY: Collier County. CHAIRMAN KAUFMAN: I'll ask the county. MR. MACEDO: It's Collier County. CHAIRMAN KAUFMAN: No, I understand. MR. MACEDO: Sabal Palm. CHAIRMAN KAUFMAN: Where? Is it east? North? MR. MACEDO: East Naples, sir. CHAIRMAN KAUFMAN: Okay. That's what I think you were asking. MR. BLANCO: Yeah. CHAIRMAN KAUFMAN: Okay. If you go back to that previous picture, the yellow one, is the second floor the item that we have in question? MR. MACEDO: Yes, sir. MS. CURLEY: And the balcony. MR. MACEDO: The balcony, the deck, the whole floor, yes. CHAIRMAN KAUFMAN: Was there a second floor originally or not? MR. MACEDO: I don't believe so. MR. GOODRY: There was a -- I saw pictures of it. There was a storage unit on the second floor. So that's -- there was something there. CHAIRMAN KAUFMAN: So there were no windows? MR. GOODRY: No, no, it wasn't -- that's definitely a second floor. CHAIRMAN KAUFMAN: Okay. MR. MACEDO: That is the picture, sir, after it was done. CHAIRMAN KAUFMAN: That's what I'm assuming. MR. BLANCO: You said that you're the new owner. When did you take ownership of the property? CHAIRMAN KAUFMAN: Danny, wait till the county gets March 24, 2022 Page 26 finished, and then we're going to go over. Thank you. Okay. Nice couch. That's a bedroom, I assume, upstairs. MR. GOODRY: Yeah, that's my room. CHAIRMAN KAUFMAN: Okay. That's access to the second floor, those -- MR. MACEDO: Stairs. CHAIRMAN KAUFMAN: Those stairs, okay. Is this upstairs also, the sink, kitchen, whatever it is? MR. GOODRY: That's a back deck. CHAIRMAN KAUFMAN: Okay. Upstairs? MR. GOODRY: Yes, sir. CHAIRMAN KAUFMAN: These are all the unpermitted things? MR. GOODRY: Correct. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I think we've seen them all. CHAIRMAN KAUFMAN: Okay. Any additional comments from the county? MR. MACEDO: No, no. I do not, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I just have a question for the county. Was it a flat roof before, or did they approve trusses, or do you know? MR. MACEDO: I do not know, but looking at the aerials, it doesn't look like it was a flat roof. MS. CURLEY: A lot of work. CHAIRMAN KAUFMAN: Okay. So, sir, you're on. MR. GOODRY: Six months. CHAIRMAN KAUFMAN: Do you want to do hard time or -- MR. GOODRY: Well, the previous gentleman had a hard time trying to decide to ask you how many days, and I know I can get this done in six months, and I say that because I've already hired the March 24, 2022 Page 27 architect, the engineer, and they've all done their work. When the application for the after-the-fact was submitted, they had done all of that stuff. The only reason that it got -- that it got -- that it termed out, because we took 90 days to get the survey done, the elevation done, and it was literally done, like, three days after it termed. So we're this close to getting the application and all of the corrections done. I just need a little bit more time. MS. CURLEY: I'm going to follow on Danny's question. So you live there now? MR. GOODRY: Yes. MS. CURLEY: Did you live there before? MR. GOODRY: No. MS. CURLEY: When did you buy it? MR. GOODRY: Well, I -- yes. I was the lessee. The owner is a trust in Georgia. The trustee had a stroke, and he was in a nursing home. And so that was the initial delay in getting him to grant me the ability to file for the permit, you know, because he's -- well, he's had a stroke. And so trying to get his family to move on this action was -- well, it was very difficult. CHAIRMAN KAUFMAN: Was he the one that did the construction? MR. GOODRY: I don't know that. CHAIRMAN KAUFMAN: Did he own it when the construction was done? MR. GOODRY: Yes, he did. CHAIRMAN KAUFMAN: That's why he can't have it done by certificate. MR. GOODRY: Right. CHAIRMAN KAUFMAN: You can; he can't. MR. GOODRY: Right. MS. CURLEY: So when -- we normally would have the March 24, 2022 Page 28 seller's name, the correct name, and your name's not on it. How long ago did you buy it, and why is your name not on it? MR. GOODRY: Two weeks ago we closed on it. I was able to convince the family to sell it to me so I could be here and I could answer you guys' questions and beg you for a little bit of time to get this done. We're real close. All the main stuff is done. The engineering's done. Architecture's done. It's been cleared by DEP; Water Management. CHAIRMAN KAUFMAN: My only concern is it's unpermitted -- MR. GOODRY: Yes, sir. CHAIRMAN KAUFMAN: -- and you're living in it. MR. GOODRY: Yes, sir. CHAIRMAN KAUFMAN: That's a -- that's a concern. MR. GOODRY: I didn't know. When I moved in, I didn't know. CHAIRMAN KAUFMAN: Okay. So. MS. CURLEY: So I have another question to further. MR. GOODRY: Yes, ma'am. MS. CURLEY: So you said that the closing was two weeks ago. Was it done by a real estate title company or a lawyer, and is it going to be recorded in public record? MR. GOODRY: Already has been recorded. MS. CURLEY: Okay. Thanks. CHAIRMAN KAUFMAN: John? MR. FUENTES: I make a motion to grant him the six months, and maybe in the meantime you could sleep outside with a sleeping bag for your safety since it's not permitted. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: I think we have a minor procedural issue here. March 24, 2022 Page 29 CHAIRMAN KAUFMAN: Okay. MR. WHITE: Because the gentleman is now in title, and the advertisement is for the former owner. So I believe we can, with his permission, revise the paperwork, if you will, and be able to issue the order in the name of the current owner. CHAIRMAN KAUFMAN: Okay. And I'm sure -- MR. GOODRY: I so request. CHAIRMAN KAUFMAN: Okay. I have a question. I want to know what the -- John, before your motion, if you will, what is the county's suggestion on this? MR. MACEDO: I believe -- he's almost done. He's done all -- the hard work was already done. I believe all they've got to do is submit the corrections to the county and go from there. Whatever -- if there's any more corrections after that, but I believe that that's where it was left off. MR. GOODRY: That's very accurate. CHAIRMAN KAUFMAN: Let me drop back, because I forgot to do this first. First thing we have to do is find out if a violation exists. MR. MACEDO: Correct. CHAIRMAN KAUFMAN: So anybody want to make a motion that a violation exists? MS. ELROD: Make a motion a violation exists. CHAIRMAN KAUFMAN: And do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) March 24, 2022 Page 30 MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. John, you're on. MR. FUENTES: I make the motion to grant him the six months. MR. AYASUN: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. MR. LETOURNEAU: Do you want to put a fine amount on there if he doesn't come into compliance in six months? MS. CURLEY: Do we need to amend that so we're giving the motion to the correct persons. MR. LETOURNEAU: Correct. You need to do that also. MS. CURLEY: Do that first. CHAIRMAN KAUFMAN: The respondent has said he would agree with what our attorney said needed to be done. MR. WHITE: He's acknowledging that he is the respondent now. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And the order will be issued in the name of the entity that took title, which until I see the deed -- recorded deed, I won't know what that is other than his testimony. CHAIRMAN KAUFMAN: Okay. So does that suffice for you? MS. CURLEY: (Nods head.) CHAIRMAN KAUFMAN: Okay. The nod means yes. I March 24, 2022 Page 31 don't know how you show that on the... Okay. So six months will give you more than enough time to get this all done? MR. GOODRY: Yes, sir. CHAIRMAN KAUFMAN: Okay. And the operational costs today are? MR. GOODRY: Luis? MR. MACEDO: 59.28. CHAIRMAN KAUFMAN: 59.28. And, John, what fine would you like to impose if it's not done in six months? MR. FUENTES: He's making great efforts here. I mean, he's already started the due process. What do you think? CHAIRMAN KAUFMAN: Two hundred dollars is fine, yeah. MR. FUENTES: I'll do 200. CHAIRMAN KAUFMAN: Two hundred. And it's going to be done -- and the time frame is six months. Okay. We have a motion and a second for those numbers. Do we have a second? MS. ELROD: Yes. CHAIRMAN KAUFMAN: Yes. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. March 24, 2022 Page 32 MR. GOODRY: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. Sleep well tonight in your sleeping bag. MS. BUCHILLON: Next case under hearings, No. 6, CESD20170016790, Jeffrey Lee Smith, Jr., and Valerie C. Smith Revocable Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MR. SMITH: Yes. MR. HARR: Yes. MR. SMITH: This is not Valerie. CHAIRMAN KAUFMAN: Both of you state your name on the microphone. MR. SMITH: I'm Jeffrey Smith, the landowner. MR. HARR: I'm Ronald Harr, the general contractor. CHAIRMAN KAUFMAN: Okay. And you're Rickey. MR. MIGAL: I'm Rickey. CHAIRMAN KAUFMAN: There we go. MR. MIGAL: Well, good morning. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CESD20170016790 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e) for the removal of exotic and native vegetation using heavy machinery without a permit. Personal service was given on November 18th, 2017. On October 24th, 2017, investigator Maria Rodriguez received a complaint for land clearing and storing of building materials on the unimproved Estates-zoned property. Her initial investigation confirmed the unauthorized clearing and storing of materials. She March 24, 2022 Page 33 requested assistance from Environmental Specialist Michaelle Crowley who researched permits and found that the right-of-way and fence permits were issued but a vegetation removal permit had not been issued for the clearing. Further investigation discovered that part of the cleared area was disturbed with mechanical equipment within wetlands, and the case was referred to the Department of Environmental Protection, also known as DEP. A consent order was issued by DEP to which owner was required to submit a restoration plan and restore native vegetation within 3.08 acres of wetlands, which was completed. Additionally, the Smiths obtained a building permit for the construction of a single-family home which allows for one acre of clearing. The remaining .42 acres of uplands were required to be restored with the mitigation plan to restore the native vegetation. Throughout the course of this case, the owners have expressed a number of factors that have played into why this case remains open, including the complicated nature of the environmental aspects, dealing with the DEP to restore the area of wetlands, the pandemic, and more recently the delay in availability of building materials. As of yesterday's inspection, the building -- sorry -- the building permit remains expired, so the violation remains. I would like to now present case evidence in the following exhibits: Five pictures taken on October 30th, 2017, by Environmental Specialist Michaelle Crowley and available on a shared drive; two pictures taken on March 16th, 2022, by myself; and two pictures taken on March 23, 2022, by myself; and the Vegetation Restoration Plan. CHAIRMAN KAUFMAN: Okay. Have the respondents seen the photos? MR. MIGAL: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the March 24, 2022 Page 34 photos being entered? MR. SMITH: No. CHAIRMAN KAUFMAN: Could we get a motion from the Board to accept the motion. MS. ELROD: Motion to accept the photos. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: Okay. The first one, two, three, four, five are of the same date, October 30th, 2017. MR. MIGAL: Looks to be the entryway for the -- one of the driveways. Apparently, there were more than one drives. MR. SMITH: We planned on two. We ended up finding out the one driveway would have went through the wetlands. And that picture there is the second right-of-way. After Hurricane Irma, Collier County changed their codes for the last property at the end of the street, so we had to move it 18 inches. MR. MIGAL: And it also shows some of the building materials that were stored on the property. MR. SMITH: Correct. From the date I purchased, I had pavers delivered over there. That's correct. March 24, 2022 Page 35 MR. WHITE: Sir, could you just state your name on the record, and you as well, sir. MR. SMITH: Yeah, Jeffrey Smith. MR. HARR: Ronnie Harr. MR. MIGAL: Picture 2 shows some of the clearing that was done presumably in the area of the wetlands. CHAIRMAN KAUFMAN: And it was done by heavy equipment. MR. SMITH: Yeah, that -- if I may, it's right after Hurricane Irma in 2017. First-time landowner, I thought I was doing the right thing by cleaning it up. I didn't realize I was in wetlands. Ended up being a $53,000 lesson. MR. BLANCO: Expensive lesson. MR. SMITH: We moved the larger pieces out to the street. The smaller items we chipped and spread out over the property. They had us pick up all the chips. And we've since corrected that, the replanting and so forth on the wetlands. MR. MIGAL: Additional pictures of clearing. MR. SMITH: The DEP -- it was two years and nine months, a combination of a DEP, a little slow, we had COVID in the mix. So it was two years and nine months for them -- for us to get it corrected. CHAIRMAN KAUFMAN: Okay. Why don't you wait till the county gets finished and then go through your scenario. MR. SMITH: Sure. MR. MIGAL: THE picture shows some of the building materials that were stored on the property. CHAIRMAN KAUFMAN: They look like trees. MR. MIGAL: This is a picture I took of what the property looks like now. So they've since put the pad in and started to lay the block. CHAIRMAN KAUFMAN: And there's a building permit for March 24, 2022 Page 36 the structure going in? MR. MIGAL: There is, but currently it's expired. CHAIRMAN KAUFMAN: Okay. MR. SMITH: We've had three extensions. That expired. MR. MIGAL: Yeah. Excuse me, sorry. Yes, they have had three extensions, and they're working out with the Building Department right now to get either -- well, they're trying to get a fourth extension, and we presume that they will be able to get that, or they'll have to reapply for a new permit. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: This is what the cleared area looks like now after the restoration has been made. We can see that all the restorations have been completed, so now we're just dealing with the building permit and the house at this point. CHAIRMAN KAUFMAN: So the only violation today is the permit's been -- is expired? MR. MIGAL: That's correct. CHAIRMAN KAUFMAN: Okay. Any other pictures, Jeff? Okay. MR. LETOURNEAU: That's it for the pictures. CHAIRMAN KAUFMAN: Okay. Anything else from the county? MR. MIGAL: No, sir. CHAIRMAN KAUFMAN: Okay. So you realize you have an expired permit? MR. SMITH: Yes. CHAIRMAN KAUFMAN: Okay. And that's what this case is. MR. SMITH: Correct. CHAIRMAN KAUFMAN: I don't need to go back to 2017 or whatever. Okay. So is there a reason why it hasn't been -- it hasn't March 24, 2022 Page 37 gone live again, the permit? MR. HARR: Ignorance. I'm the general contractor of the job. I went there, and I applied for the extension. She filed it. It's in the portal. I didn't know I had to write a letter as well. That's the only thing that I have to do is get accepted by the head guy. I do have the extension on record there that I filed on February 7th, and I didn't realize I had to write a letter. And I just got back in town Sunday, so I'm in the process of writing the letter with all the information here to get the -- to have this okayed to extend it longer. CHAIRMAN KAUFMAN: Okay. So the process here is kind of simple. We have to find if there is a violation that exists and, according to what you're saying about the permit, I'm assuming that the violation does exist. Anybody want to make a motion to that effect? MR. BLANCO: Make a motion that the violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So, Rickey, you have a suggestion for us? I understand what you have. This should be fairly simple. MR. SMITH: Sure. MR. MIGAL: Well, they're -- based on our conversations, March 24, 2022 Page 38 they're looking for a year and a half. MR. SMITH: In a perfect world, we'd love to be in there in year and a half. We're ready to move in, but we learned our trusses that are bought and paid for with Raymond Supply is supposed to be here end of March now. Mid it's -- is it mid June or mid July. MR. HARR: Mid July, I just got confirmation of that. And our windows are eight months out. CHAIRMAN KAUFMAN: Let me ask the county a quick question. If they activate the permit, does this case go away, or does it have to go compliance? MR. LETOURNEAU: Because -- the house needs to be CO'ed before the violation of the land clearing goes away. So we have to go all the way through the permit issuance, inspections, and certificate of occupancy in order to totally get rid of this violation. CHAIRMAN KAUFMAN: Okay. So to my way of thinking, the first thing that has to happen is the permit has to go active and then down the road until you get a CO on the property, does that -- MR. LETOURNEAU: Correct. It's our normal recommendation all the way through CO here. You know, we'd prefer it just to be one lump amount of days to get the CO rather than trying to break it up. But -- CHAIRMAN KAUFMAN: Well, ordinarily I would agree with you, but in this particular case I would like to see a two-step approach. Number 1, that you get a permit. That would tell me that you're on your way to getting everything done. So there would be two dates. One, how many days until you get the permit activated and the second would be until you get a CO on the property. MS. CURLEY: Well, we want him to get a permit and we want him to keep it. So if it expired, I don't understand -- Jeff, you could clarify it for the Board. So if he put in an extension, wouldn't that paperwork have been complete? Why would he have to put another March 24, 2022 Page 39 addendum of some sort of explanation when the permit -- MR. LETOURNEAU: I think -- you know, I'm just guessing at this point, but I think there's -- you said there's been three extensions already. MR. MIGAL: Yeah, that's the problem. There's been three extensions, and with no other circumstances involved, you're done at three, and you need to reapply for the permit. MS. CURLEY: So why don't you just reapply for a permit? MR. HARR: Because all of our materials, our trusses and so forth, are taking nine months to get in are based on when we applied for a permit. MR. FUENTES: You would have to go for an extension again. MS. CURLEY: No, it means his supplies aren't up to the current Florida Building Code. MR. HARR: Yeah, it won't be the Florida Building Code if I have to re -- start everything over again with the trusses. MS. CURLEY: That's why they want you to build a house faster than this. MR. LETOURNEAU: And I think the building official wants extra assurances at this point on the fourth extension, I would imagine. MR. SMITH: If we didn't have the DEP issue, that was two years, nine months, and then when COVID popped up, I didn't know where my small business was going to go. I just put it on hold. At that point we did have the house pad, the rough plumbing, and then we just stopped. We just weren't sure, and that's where we are. MR. HARR: He didn't obtain a loan. He's paying out of pocket, so that's kind of halted him. CHAIRMAN KAUFMAN: I'm not familiar with -- it's three strikes and you're out as far as extensions; you can't get a fourth extension? March 24, 2022 Page 40 MR. MIGAL: That's how I understand it. CHAIRMAN KAUFMAN: Cristine is approaching your back. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. So the Building Department will automatically grant three extensions through the course of the building permit, but when it gets to the request of a fourth inspection [sic], as the contractor said, they have to submit a letter to the building official explaining the reasonings as to why the permit needs to be extended again for a fourth time, and the building official has to make the decision to either grant the extension again or deny it, and then they would have to start the permit process all over again. MR. WHITE: State your name for the record, please. MS. PEREZ: For the record, Cristina Perez, Code Enforcement. MR. WHITE: Thank you. MS. CURLEY: So my question is, how -- you can get a six-month extension, right? MR. LETOURNEAU: They'll get the permit issued. They get a six-month extension every time they get a passing inspection. So they could go out for a while here if they keep passing inspections every six months. MS. PEREZ: The original extension will grant 90 days. And then in those 90 days, they have to have a passing inspection in order for the permit itself to then be extended another six months. MS. CURLEY: I just want to know if what you're asking for is realistic. So if you -- that doesn't look like an active construction site to me. MR. HARR: We started block in February, and we stopped March 24, 2022 Page 41 because the lintels are out eight weeks; six weeks now. So we've been having an issue. Then the trusses were supposed to be here tomorrow, actually. So it's an active site going on now, but we've been halted because the permit is no longer issued and good, and we're waiting for trusses to come in in mid July now. CHAIRMAN KAUFMAN: Let me -- you submitted that letter that they requested? MR. HARR: No, sir, I have not -- MR. WHITE: Microphone. MR. HARR: No, sir, I have not yet. I -- I thought this hearing was part of that. I didn't know. So the letter's right here of our circumstances and so forth. That would be submitted probably next two hours tops, when I get back to my office. CHAIRMAN KAUFMAN: Okay. So the letter will go in. And, typically, that's going to take the folks at Horseshoe Drive some period of time to review the letter. Go ahead. MR. LETOURNEAU: This is an odd circumstance. I'm not really sure how long it's going to take on a fourth extension. So I'm not sure. CHAIRMAN KAUFMAN: Who does the letter go to, Walsh? MR. LETOURNEAU: I do believe it goes to Walsh. He's going to make the ultimate determination on this. CHAIRMAN KAUFMAN: Okay. So let's be optimistic. Two hours go by, the letter is submitted, Walsh takes a look at it, knows that there's a case in front of us right now, and they expedite whatever they're doing, and somehow they get okayed by middle of April. MR. LETOURNEAU: I would think 30 days for that particular issuance should be okay if we push Mr. Walsh. CHAIRMAN KAUFMAN: Okay. So that would be the middle of April. March 24, 2022 Page 42 MR. LETOURNEAU: However, though, if he denies the permit extension -- CHAIRMAN KAUFMAN: All bets are off. MR. LETOURNEAU: -- they're going to have to go get a whole new permit at that time, and it's going to take much longer. CHAIRMAN KAUFMAN: I understand. But the long and short of everything is, it's going to take you about 18 months to complete the construction of the property? MR. SMITH: That is our hope, yes. Just as an example, the block, the reason why it's up is we finally convinced the block crew to come over. They didn't want to come over because not all the materials were there. It took two different deliveries just to get the block. Now, we're still waiting on the lintels. So we have 2,500 block up, and they're at a standstill till the lintels come in. CHAIRMAN KAUFMAN: Lentils? What, are you making soup? I know what they are. Okay. So we have that -- 18 months will satisfy everything; is that correct? MR. LETOURNEAU: According to the respondent, yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I mean, but if he doesn't get an inspection within 90 days, then he's back on his fifth extension, and then he's on his sixth one. And, I mean, it's really a boiling pot. MR. LETOURNEAU: Well, no. There wouldn't be -- if he didn't get his fourth extension, then that permit would be dead at that time, and then we'd start at square one. MS. CURLEY: Which he's just mentioned is probably not -- MR. LETOURNEAU: Well, I mean, they're going to have to do that if Walsh denies -- I would think they would have to do that if Walsh denies this extension. March 24, 2022 Page 43 CHAIRMAN KAUFMAN: Either way, 18 months will take care of everything. It has to be done, built, irrespective of permits. You're going to have to have a permit to have it CO'ed so -- obviously. MR. SMITH: Yeah, I think we have that under control. It's just the materials. CHAIRMAN KAUFMAN: Okay. Does anybody want to take a shot at this? We had the county's suggestion. MR. RUBENSTEIN: Jeff, would it be easier for them to start from square one? MR. LETOURNEAU: I don't think it would be easier at all. They -- I think that it would be much easier if Mr. Walsh gives them the extension, they have the permit already in place, and they just go from there. It's -- they're going to have to resubmit everything if they go from square one. MS. CURLEY: We asked that, and he answered it. He said that the building codes are different from the permit that he -- MR. BLANCO: They will have to reorder all the stuff. I'll take a shot at it. MR. RUBENSTEIN: Does the county not approve the fourth extension -- MR. LETOURNEAU: I can't -- I've got to be honest with you, I don't remember going to fourth extensions before, so -- MR. RUBENSTEIN: So this is new ground? MR. LETOURNEAU: For us, yeah. CHAIRMAN KAUFMAN: Eighteen months will cover it irrespective of the inspection timing. Danny, you want to take a shot at it? The only question I have you need for your motion is what the costs are. Is it 59.21 or 59.28? MR. MIGAL: I have 59.28. MR. BLANCO: 59.28. And I like your idea, Mr. Chairman, March 24, 2022 Page 44 about kind of dividing this a little bit. The first part of the order would be that the respondent reactivates the permit within a 45-day time frame or a fine of $50 a day. And then the second part would be to get a CO on said permit within 24 months or a fine of $200 per day, plus pay operational costs in the amount of $59.28 within 30 days. MS. CURLEY: So did -- you wanted to give them two years instead of what they asked for? MR. BLANCO: They're saying 18 months. I mean, I do construction. I'm in the middle of renovating a house right now, and I can tell you that that time frame changes every single day. MS. CURLEY: That's true, but he's had land, that other extra acre, that's not been remediated by the removal of the native plants is sitting there now being runoff onto the neighbor's property. MR. BLANCO: No, the vegetation was taken care of, correct. MS. CURLEY: Only -- MR. SMITH: Absolutely. MS. CURLEY: -- the first -- last three acres. The front acre is sitting there sand and not planted. CHAIRMAN KAUFMAN: This will resolve everything, and it gives us a check 45 days into this to make sure that the permit has been granted, et cetera. MS. CURLEY: Seven years. MR. LETOURNEAU: And I would say that if that particular permit -- the extension is not done by Mr. Walsh, they could come back and, you know, go before you and say, hey, we're going to have to resubmit, and we need some more time. MS. CURLEY: So in 24 months it will be seven years. MR. SMITH: That's correct. Unfortunately, we're in a position where we renewed a lease [sic] three times. The front acre all sand, I'm not sure what that is. The home is built right in the March 24, 2022 Page 45 middle of the property, and I'm also the neighbor next door to it, that five acres. MS. CURLEY: Yeah, but the runoff -- the reason that the -- that they were -- it was so impactful to you is because removing the native vegetation is a big deal -- MR. SMITH: Absolutely. MS. CURLEY: -- for a lot of reasons, and we won't go into it. So to give him a reprieval of seven full years to finish his landscape around the home -- the reason that he's not in trouble for the front part of the property -- or wherever his home is is because he put that building permit in, and then he knew he didn't have to do the replanting because he had a permit in. He didn't realize that by stalling the building, that actually got him into a quagmire now, which is an unfortunate thing. But it's a big delay game, and I don't like it. I don't like it for the environmental reasons. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And I wish you -- MR. FUENTES: Would you have been happy with the 18 months? MS. CURLEY: I would have. MS. ELROD: I'll second Danny's motion. MR. BLANCO: I'll stick with my original motion. You get 45 days to reactivate the permit, and then 24 months to get a CO'ed on that permit. That's only a four months' difference. It's my understanding, and the county can correct me if I'm wrong, that your issues with DEP were resolved. MR. SMITH: That's correct. MR. BLANCO: That's not why we're here. We're here because of a building permit. We're not environmentalists, and we have -- you resolved that with the correct agency. This is not what we're here for. We're not discussing any environmental issues right March 24, 2022 Page 46 now, so it shouldn't factor into this board's decision. Twenty-four months to get a CO on that property, and 45 days to get the permit reactivated. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. Second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MS. CURLEY: Just the discussion that it does factor into it, not what he's taken care of. But because he has the permit, he doesn't have to replant that acre that he mowed over with mechanical equipment. So there is an acre of land, minus his little plat where his house is now, that's sitting there unrepaired, so... CHAIRMAN KAUFMAN: Okay. Any other questions 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. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes. So you've got 45 days. You're going to do the letter in the next two hours? MR. HARR: Yes. CHAIRMAN KAUFMAN: Please have him followed. Okay. March 24, 2022 Page 47 MR. SMITH: Thank you. CHAIRMAN KAUFMAN: Thank you. Hopefully we won't see you for a couple years. MS. CURLEY: See you in seven years. MS. BUCHILLON: Next case on the agenda, No. 13, CESD20210011230, 2190 Kirkwood, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUNOZ: Yes. MR. D'ELIA: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. MUNOZ: My name's Anthony Munoz. Good morning, everybody. CHAIRMAN KAUFMAN: Okay. Anthony, gotcha. Okay, John. MR. D'ELIA: All right. Good morning. For the public record, Investigator John D'Elia, Collier County Code Enforcement. This is in reference to Case No. CESD20210011230 in dealing with the violations of ordinances Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and 10.02.06(B)(1)(e). Location at 2180 Kirkwood, vacant land, Naples, Florida, 34104. Folio No. 61580880006. Service was given on October 28th, 2021. Initial inspection performed by Lieutenant Inspector Michael Cruz, the Greater Naples Fire Rescue District, reported an unpermitted structure on the property on December 9th of 2020. A determination was made on January 15th, 2021, by the Chief Building Official Jonathan Walsh. This case was closed due to March 24, 2022 Page 48 change of ownership and then reopened under the new ownership, and a violation remains. I issued a new notice with -- new violation on October 28th, 2021. On November 2nd, 2021, I received a phone call from Tom Parish. He informed me that he will be working on reactivating the Permit No. PRBD20210206734, which is under rejected status. On February 3rd, 2022, I received a phone call from Richard Nunez. He informed me that he would remove the shed since it was only leased. On February 25th, 2022, Mr. Richard called me and notified me that he is now hiring a contractor to try to reactivate the permit to try and keep the shed on the property. At this time I'd like to present the case evidence in the following exhibits: A photo taken by me on October 28th, 2021; a photo taken by Latoya Thompson on December 9th, 2020; a determination made by the Chief Building Official Jonathan Walsh through -- via email January 15th of 2021. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. D'ELIA: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. MUNOZ: No. MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. March 24, 2022 Page 49 MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Mr. Chairman, for purposes of the record, could Mr. Munoz please tell us what his relationship is to the LLC that owns this? MR. MUNOZ: We rent the property. MR. WHITE: You're the tenant? MR. MUNOZ: Yes. CHAIRMAN KAUFMAN: Do you have the right to speak for the owner of the property? MR. MUNOZ: I don't have a power of attorney or anything like that. MS. CURLEY: Who is the owner? MR. WHITE: The LLC -- MR. MUNOZ: It's Kirkwood, LLC. I forget the gentleman's name. MR. WHITE: It's Carl Ivanetti, III, per the records of the Division of Corporations. CHAIRMAN KAUFMAN: Has -- well, let me back up a little bit. When you sent this out, Helen, who did it go to? MS. BUCHILLON: It goes to 2190 Kirkwood, LLC. CHAIRMAN KAUFMAN: And they're not here. MS. CURLEY: On Riviera Drive. MR. MUNOZ: My understand was I thought they owned 2190 Kirkwood, LLC. That was my understanding, which Richard's noticed -- I thought told me that -- I asked him, that he needed representation for that, and he said -- March 24, 2022 Page 50 MS. CURLEY: Except this address is 2180. MR. MUNOZ: No, no, the address -- the address is 2180, but the corporation is under 2190. MS. CURLEY: One would assume that the owner lives in 2190, and this is just an extension of his property. CHAIRMAN KAUFMAN: We can't assume. The problem I have is, we have a notification to the LLC. LLC has sent nobody here to hear the case. I don't think we should hear the case. MS. CURLEY: We can hear the case. MR. LETOURNEAU: I don't think it's Code's responsibility to have the respondent here. They were rightfully noticed by everything that we legally needed to do, and they're not here, unfortunately. But we would like to proceed with this case. MR. BLANCO: Helen can put the notice on record. MR. WHITE: Mr. Chairman? You have the sworn testimony of the gentleman that he's the tenant. I believe that he has, if you will, a sufficient interest in the property and abating the violation; that if that's what's in the record -- and certainly I can put that in the order -- then we can rely on that. And if the LLC wants to go ahead and Mr. Ivanetti chooses to appeal, I'm happy to defend you. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Question. CHAIRMAN KAUFMAN: The LLC is not here. If for some reason we ask, "is that structure going to be removed," do you have the authority to remove it? MR. MUNOZ: Well, yeah, we would remove it. But we're just asking for an extension to get, like, the permitting and see wha t we can do to keep the building -- CHAIRMAN KAUFMAN: What is that building? MR. MUNOZ: It's just -- we use it for storing keys and tools and stuff to clean. It's an overfill lot. March 24, 2022 Page 51 CHAIRMAN KAUFMAN: We have pictures, right? MR. LETOURNEAU: Yeah, we do. I'm waiting on you to accept the photos as evidence. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to accept the photos. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Let's take a look and see what we have. MR. BLANCO: Mr. Chairman, do you think that we should put the notice on the record? CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: Okay. For the record, respondents were notified regular and certified mail March 8th, 2022, and it was also posted at the property and courthouse March 7, 2022. CHAIRMAN KAUFMAN: Okay. Am I looking at that little building in the front? MR. D'ELIA: That's correct, yes. CHAIRMAN KAUFMAN: Okay. Is there electric in the building? MR. D'ELIA: Yes. March 24, 2022 Page 52 MR. MUCHA: Yes. CHAIRMAN KAUFMAN: Is there plumbing in the building? MR. D'ELIA: No plumbing. CHAIRMAN KAUFMAN: Nobody lives in that building? MR. D'ELIA: No, nobody lives there. CHAIRMAN KAUFMAN: They'd have to be very small. Okay. Okay. Next picture. MR. LETOURNEAU: Just another angle of it. CHAIRMAN KAUFMAN: I see. MR. LETOURNEAU: And that's it for our pictures. CHAIRMAN KAUFMAN: Okay. Okay. So we have a little building. What's the zoning in that area? MR. D'ELIA: It is commercial. CHAIRMAN KAUFMAN: Okay. A little building on a commercial piece of property that was built without permits. MR. D'ELIA: Well, my understanding is it's a leased building. So what they do is they bring it onto the property. They store it -- that's where they store their keys and any paperwork that needs to be done for the automobiles that they sell. CHAIRMAN KAUFMAN: So the building is brought there like a Ted's Shed type of thing? MR. D'ELIA: Correct. And my -- CHAIRMAN KAUFMAN: Oh, okay. MR. D'ELIA: My understanding is that Richard Nunez notified me that if he cannot get these permits, that he will have this building removed at that time frame that you give him or to see if he can get this. MS. CURLEY: So is there a business operating on this vacant piece of property? MR. D'ELIA: The business is actually operated, I believe, March 24, 2022 Page 53 down the block. This is just a storage for the keys, is what is my understanding. MR. MUNOZ: It's our holding lot, so we have, like, an overflow lot. MS. CURLEY: I see that. MR. MUCHA: All the cars that we can't fit on our property, we park them there. And then we just keep the keys and stuff on the property, cleaning supplies, and stuff like that. MR. RUBENSTEIN: Who installed the handicapped ramp? MS. CURLEY: Who cares? MR. MUCHA: I believe it was a friend of my dad's. I could be wrong, though. I'm not sure. CHAIRMAN KAUFMAN: Okay. So in summary now, there's a building there. MR. MUNOZ: Yes. CHAIRMAN KAUFMAN: It needs authorization to stay. MR. MUNOZ: Yes. CHAIRMAN KAUFMAN: If you don't get the authorization, you're going to remove it? MR. MUNOZ: Yes. We're just looking to -- we're working with the engineer and a contractor to see if we can get it to stay just because it's just helpful for us. But if not, then we'll get it removed. CHAIRMAN KAUFMAN: Okay. Let me -- so does a violation exist? We'll start with that. MS. ELROD: I make a motion the violation exists. CHAIRMAN KAUFMAN: We have a motion. MR. FUENTES: Second. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. March 24, 2022 Page 54 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Let me ask the county, for the fast talker. MR. D'ELIA: Sorry. CHAIRMAN KAUFMAN: I follow Terri's lead. What is your suggestion? MR. D'ELIA: My suggestion is to allow them to try and get it for at least maybe two to three -- two months, because they are going through engineering and architectural; however, what I understand is that there's not a main structure on the site. So you're not technically supposed to have a shed without a main structure. So I don't see this actually following through at the end. MS. CURLEY: So the person that leases these, doesn't he know the rules? MR. D'ELIA: He can explain that, because he even stated to me they're like, oh, yeah, you don't have a problem with this. This is perfectly fine. Go ahead and just take this. It's all about anybody who wants the money at the end. They'll tell you what they want to tell you. MR. MUNOZ: I mean, basically they told us, we'll handle it all. We'll take care of it. You know, you're just going to lease it. We'll install it. All the permitting and all that's going to be taken care of. And then we find out that it's -- it wasn't like that. CHAIRMAN KAUFMAN: On your suggestion, do you have the fees for today, 28 dollars and -- March 24, 2022 Page 55 MR. D'ELIA: Yes, 59.28. CHAIRMAN KAUFMAN: 59.28, okay. I just wanted to ask that. Eric is sneaking up on you. I don't know if he wants to say anything. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. SHORT: I do. For the record, Supervisor Eric Short with Collier County Code Enforcement. You know, this is a C-5 property. It's not improved. This is not going to be allowed, to be blunt. It's going to require a site plan. The square footage of that building doesn't meet the minimum square footage. Just for consideration, your best bet is to remove it. You know, our permit staff will take your application, they'll review it. But I'm going to be blunt with you. It's not going to be allowed. MR. MUNOZ: I hear you. I hear you. You guys know better than we do, so... CHAIRMAN KAUFMAN: Okay. You have to find another place for your keys. Okay. So have you been in contact with anybody that can recommend how long -- I guess they'll come there and just put it on a truck and take it away. MR. MUNOZ: Yeah. We'll have to call them and see what -- you know, what the steps are to -- CHAIRMAN KAUFMAN: And to be fair, I'll give you every opportunity to come into compliance. How much time do you think you would need for that? MR. MUNOZ: I mean, as much time, hopefully, as you guys allow me. If you guys can give me, like, 90 days. MS. CURLEY: So are they going to need a demo permit, or is March 24, 2022 Page 56 this thing on wheels? MR. LETOURNEAU: I think that because of the electricity, there's a good possibility they're going to need a demo permit. Now, the electricity is supplied by cords, or is it a permanent fixture? MR. MUNOZ: No, it's actually -- I believe it's by cords. MR. LETOURNEAU: If it's just by cords, then there's no permanent fixtures, I believe that a demo permit will not be needed. MS. CURLEY: So you're plugging into the electric next door? MR. MUNOZ: Yeah, basically the building next door to us. All we have is a window shaker. MR. LETOURNEAU: Then they'll just haul it away. MR. MUNOZ: That's all we've got. CHAIRMAN KAUFMAN: Okay. So would someone like to -- MS. CURLEY: I'll fill in the blanks. CHAIRMAN KAUFMAN: Gotcha. MS. CURLEY: I'm going to amend that, though, because we're just going to say -- can we just say we want to have it removed within, like, 30 days? Because we know now we don't need a demo permit and since it wasn't a permit, you're not going to go forward with trying to get it approved based on what you've learned here. MR. MUNOZ: That's fine. MS. CURLEY: So pay operational costs of 59 -- CHAIRMAN KAUFMAN: Twenty-eight. MS. CURLEY: -- 28 today and the building -- or a fine of $200 a day, and you have 30 days to remove the -- have that trailer removed. CHAIRMAN KAUFMAN: I would do a friendly amendment. Nothing happens in 30 days. MS. CURLEY: Well, they snuck it in there pretty quick. CHAIRMAN KAUFMAN: They snuck it in years ago. Times March 24, 2022 Page 57 have changed. I think 60 days would be more likely to give the respondent opportunity -- MS. CURLEY: I'll amend you -- I'll amend it for that. CHAIRMAN KAUFMAN: Okay. Sixty days. MS. CURLEY: Sixty days to remove it. CHAIRMAN KAUFMAN: Thank you. MR. D'ELIA: Thank you. CHAIRMAN KAUFMAN: Okay. And we have a second on that? MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. FUENTES: I think 30 would have been very fair. MS. CURLEY: Me, too. MR. FUENTES: Thirty -- it's a small structure. I get it has a handicapped access. CHAIRMAN KAUFMAN: I don't know what's going to happen in the next month. It doesn't hurt -- it's been there since 2020, so another month -- MS. CURLEY: So the neighbor has -- whoever purchased that and delivered that, I mean, that shouldn't be done again. So is this a business that you practice renting these? MR. MUNOZ: I mean, that's not -- we were under the impression that they would just take care of everything once, you know, we paid them, so... MS. CURLEY: So whoever "they" are should be included in the -- as, like, a Contractor Licensing thing. CHAIRMAN KAUFMAN: Well, I'm sure that Helen's going to send this out to the LLC. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. March 24, 2022 Page 58 MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So that's their, t-h-e-i-r. So we have a motion. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries. So you can get rid of it in 30 days and make two people very happy -- MR. MUNOZ: Sounds good. CHAIRMAN KAUFMAN: -- but if you don't do it in 30 days, we understand. Get it done in 60 days. MR. MUNOZ: All right. Sounds good. Thank you. CHAIRMAN KAUFMAN: Okay. Tell everybody, put the keys in your pocket. You don't need a building for it. MR. MUNOZ: Sounds good. Oh, I do have a question, though. Is there -- what is allowed on the property? Would something else be allowed besides -- CHAIRMAN KAUFMAN: Why don't you -- when you go out in the hall, John will tell you. MR. MUNOZ: Thank you. CHAIRMAN KAUFMAN: She's good till 10:30. I had my eye on her. MS. BUCHILLON: Next case, No. 16, CEAU20210010882, Nelson Martinez Land Holding, LLC. He's got the next three cases March 24, 2022 Page 59 up. CHAIRMAN KAUFMAN: Cool. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MR. MARTINEZ: I do. MR. MIGAL: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. MARTINEZ: David Martinez. CHAIRMAN KAUFMAN: Okay. Rickey. MR. MIGAL: Okay. Good morning. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CEA -- is this the one we changed? Okay. CEAU20210010882 dealing with the violation of Collier County code -- Land Development Code, sorry, 04-41, as amended, Section 5.03.03(B), renting of a guesthouse on improved Estates-zoned property located at 891 5th Street Southwest, Naples, Florida 34117. Folio No. 37162681000. Personal service was given on November 9th, 2021. The initial complaint was received on October 20, 2021. Upon my initial inspection, I noticed the main house was labeled 891-A and the guesthouse was labeled 891-B. Approached the main house and knocked on the double doors. A woman answered and identified herself as the tenant of the main house. While conversing with her, two men emerged and identified themselves. One is the second tenant in the main house; the other as a tenant in the guesthouse. At the reinspection, I met with the property owner, Nelson Martinez, and two others not related to him as they escorted me through the guesthouses -- the main and guesthouses where I verified March 24, 2022 Page 60 that it was being utilized -- each property was -- or each structure, sorry, was being utilized as a duplex and was occupied in both apartments. The guesthouse has remained occupied through my subsequent inspections and, as of yesterday's inspection, the violation remains. CHAIRMAN KAUFMAN: Do you have any photos? MR. MIGAL: Yeah, sorry. I would now like to present case evidence in the following exhibits: Two pictures taken on October 22nd, 2021, and three pictures taken on March 23rd, 2022, and all pictures were taken by myself. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MIGAL: He has. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. MARTINEZ: No. CHAIRMAN KAUFMAN: No, okay. MR. WHITE: I would simply note for the record, Mr. Chairman, that Mr. Martinez is one of the managers of the LLC and duly authorized. CHAIRMAN KAUFMAN: And is duly authorized? MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Motion to accept the photos. MS. ELROD: Motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) March 24, 2022 Page 61 MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. The photos are in. County have anything else? No. MR. MIGAL: No, Your Honor. CHAIRMAN KAUFMAN: Okay. Let's take a look at the pictures. Those are the two buildings there? MR. MIGAL: They are. The left one is 891-A or what we consider as the main house. CHAIRMAN KAUFMAN: Is this in Golden Gate Estates? MR. MIGAL: Yes. CHAIRMAN KAUFMAN: And the property there is zoned what? MR. MIGAL: It's an Estates-zoned property. MR. LETOURNEAU: It's an Estates-zoned property that does allow guesthouse. Just -- they can't be utilized for rental purposes. CHAIRMAN KAUFMAN: Okay. It's a big piece of property. MR. MIGAL: I'm sorry? CHAIRMAN KAUFMAN: Big piece of property. It's got to be about two-and-a-half acres because the setbacks on the other ones are seven-and-a-half feet. MR. MIGAL: I believe so. I believe this is a two-and-a-half acre property. MR. BLANCO: Is this the guesthouse? MR. MIGAL: That's the guesthouse. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: This is a picture of the unpermitted kitchen in March 24, 2022 Page 62 the B apartment of the guesthouse. CHAIRMAN KAUFMAN: Okay. We're not hearing a case -- we're hearing a case that's been rented when it shouldn't be rented, period -- MR. MIGAL: Right. CHAIRMAN KAUFMAN: -- without all the extraneous stuff. MR. MIGAL: We'll get to the permits in the next case. CHAIRMAN KAUFMAN: I'm sure. Okay. Sir. MR. MARTINEZ: If you'll bear with me just a second while I go ahead and explain some of the issues that are going on here and why I'm here today as opposed to my father or someone else. MS. CURLEY: We remember you. MR. MARTINEZ: Perfect. Yes? CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: We're here about an illegal tenant. Let's just talk about that. MR. FUENTES: You were here last month. MS. CURLEY: Keep the narrative relative. We have a lot of cases. CHAIRMAN KAUFMAN: It's your time. Use it the way you see fit. MR. MARTINEZ: My father and his wife both have Alzheimer's, and they've been deemed incapacitated by the courts as of February, so we're talking last month. I received guardianship of my father on the 15th of 2022; February 15th, 2022. MR. WHITE: Sir, sir, I don't mean to interrupt you. That aspect is pertinent to the third of the three cases where the respondent is the individual named persons. You are actually authorized on behalf of the LLC to just simply present what your story is relative to this case about renting the unit only. We can go into that on the other case, if you'd like. March 24, 2022 Page 63 MR. MARTINEZ: And the only reason that I'm bringing this up is because I was set as a manager on the LLC strictly to go ahead and deal with the people who were exploiting him that were on there previously. MR. WHITE: That's fine. MR. MARTINEZ: My bottom line on this is, I don't know if they were rented. I certainly didn't take care of that or do any of it. I would love to go ahead and take care of the violations. The people haven't moved out. I'm about to go ahead and evict them. There is no money to be found in this because my father's been exploited by half a dozen different people. So I'm doing the best I can as far as getting folks out. Is this on 891, 871? MR. MIGAL: This is 891. MR. MARTINEZ: 891. These people have informed me that they have no place to go, that they haven't been able to find an apartment, and I've told them I don't care. They need to go. They're causing me issues. So that's where I'm at right now. I'll take any suggestions. CHAIRMAN KAUFMAN: Okay. Well, let me see if I can keep this simple. You have a property that's being rented when it shouldn't be. Irrespective of how it happened -- MR. MARTINEZ: Okay. CHAIRMAN KAUFMAN: -- it is. So does anybody want to make a motion if a violation exists? MS. ELROD: I have a question. CHAIRMAN KAUFMAN: Okay. MS. ELROD: If there's no money involved, how is it being rented? If they're squatters and there's no money -- MS. CURLEY: We don't know that. They're calling -- they're telling this county that they're tenants. I make a motion a violation exists. March 24, 2022 Page 64 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Is there an animal in that bin? MR. MIGAL: There is. CHAIRMAN KAUFMAN: Does he have a lease? Okay. We have a motion that a violation exists. MR. FUENTES: I second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It -- one opposed. Now, we have a gentleman who is looking after his father, et cetera, et cetera, who is authorized to act in his behalf and has said that he wants to get those people out. MR. MARTINEZ: Correct. CHAIRMAN KAUFMAN: Would this case help by going to whoever you need to go to to have them removed? MR. MARTINEZ: They haven't left yet. I'm not sure how it would help. But, sure, I'll take any assistance. MS. CURLEY: You hire somebody and have them evicted, and you can do that as a power of attorney or whatever you are for your father or part of that LLC, and that's what you do. And then you get -- MR. WHITE: He's the manager of the LLC, and he can retain whoever -- March 24, 2022 Page 65 MS. CURLEY: Right. MR. WHITE: -- or file on his own as the manager of the LLC -- MS. CURLEY: Right. MR. WHITE: -- to have the squatters evicted. MS. CURLEY: So I'll fill in the blanks. I'll give you 30 days or a fine of $500 a day. MR. MARTINEZ: Thirty days is not enough time. If I start eviction proceedings tomorrow, it will be longer than 30 days before I can get them out. CHAIRMAN KAUFMAN: Jeff, do you know the days on eviction? MR. LETOURNEAU: It's definitely longer than 30 days. A lot of times the people that are in there can file cross-cases and delay the eviction for months on end, so... MR. RUBENSTEIN: Well, if they're squatters -- are they squatters, or are they tenants? MR. LETOURNEAU: It's very hard to get people out of a piece of property once they're in there. MR. RUBENSTEIN: Is there a lease? MR. MARTINEZ: There is no lease. MR. RUBENSTEIN: They're squatters. They're -- are they trespassing? MR. LETOURNEAU: It doesn't make a difference if there's a lease. MR. RUBENSTEIN: Are they trespassing? MR. LETOURNEAU: I would think in the Sheriff's Office eyes -- I can't speak for them, but I think in their eyes, no, they're not trespassing. They have to be removed legally through the eviction system. So things have to be posted. The people in the property have March 24, 2022 Page 66 the right to go before a judge and explain their issue with them. So it's definitely going to take longer than 30 days. I've seen many of these. MS. CURLEY: Right, okay. So thank you for that information. I understand that. But we've used the fining ability, as what Mr. Kaufman says, as a fire under your seat to get you -- MR. MARTINEZ: A fire under my seat, but not under theirs. MS. CURLEY: So you can let them know that it will cost them $500 a day to continue to rent after 31 days. MR. BLANCO: If I could just comment on the motion, Mr. Chairman. And Jeff is correct, and I've gone through this process in my private business. It's taken sometimes up to 120 days to evict some of these individuals. My proposal would be, if you want to amend your motion, Sue, where we give you 90 days and you come back here in 30 days -- every 30 days or whatever and update, or if you're getting closer to that 90-day deadline and the Court still hasn't issued an order, you can bring some documentation which would be available as a public record, and then this court [sic] would at that point consider whether or not to extend or do an extension in that moment. CHAIRMAN KAUFMAN: Extension or a continuance? MS. CURLEY: I would modify my motion to 60 days. I don't feel like grown adults need to baby-sit grown adults. If he's at day 59 and he doesn't have the tenants out, then he can call Helen, and he can say I need to come see the Board again because I don 't have them out and my $500-a-day fine is starting in two days. CHAIRMAN KAUFMAN: Let me be King David. How about we compromise between 60 and 120 and make it 90. Go ahead, John. MR. FUENTES: You were here last month. What have you done since? March 24, 2022 Page 67 MR. MARTINEZ: That was a different case. That was 871. MR. BLANCO: Different address? CHAIRMAN KAUFMAN: We have three cases in a row here. Okay. So all right. Does that meet -- go to 120 days? MS. CURLEY: You don't have to -- nobody has to second my motion. Somebody else can step in and do it if you want to do it. No. I'll amend it to 60. That's it, period. MR. BLANCO: Okay. MS. CURLEY: If you-all don't like it, make your own motion that helps him even more. CHAIRMAN KAUFMAN: Do we have a second? (No response.) CHAIRMAN KAUFMAN: The motion -- MR. FUENTES: I second. CHAIRMAN KAUFMAN: Oh, you did second. Okay, 60 days. Okay. We have a motion and a second. All those in favor? MR. RUBENSTEIN: What about some discussion? CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: Question for counsel. Could you define the difference between a squatter and a trespasser? MS. CURLEY: This is not relevant. MR. WHITE: In this particular case, I'm not sure that -- MR. RUBENSTEIN: Hold on a minute. CHAIRMAN KAUFMAN: Let him speak. MR. WHITE: I think the relevant point is whether there's a mechanism by which the Sheriff's Office can lawfully remove them, and I'm not sure that the Sheriff's Office would find probable cause given the time frame that they've occupied the structure. And so although there is a technical difference between the two, I believe it's not pertinent to your determination today. A squatter typically is someone who occupies without foreknowledge and remains on the March 24, 2022 Page 68 property. MR. RUBENSTEIN: All right. But we're looking up illegally renting a guesthouse, and you're telling us that you didn't rent it to them. MR. MARTINEZ: I'm telling you that I got guardianship as of February 15th. I have no idea. MR. RUBENSTEIN: Did your father rent it to them or another relative or somebody else in the LLC? MR. MARTINEZ: My father has dementia. Asking him anything is -- MR. RUBENSTEIN: Who else is responsible managing that property? MR. MARTINEZ: Prior to that it was one of his two gold diggers. MR. BLANCO: If I could just comment that -- MR. RUBENSTEIN: I guess why I'm asking is, is was money collected for rent? MR. MARTINEZ: At some point in time it may have been. MR. RUBENSTEIN: Okay. MR. MARTINEZ: I have not. I don't know what else to say there. CHAIRMAN KAUFMAN: Okay. Danny? MR. RUBENSTEIN: Because that's what we're dealing with, Mr. Chairman. It says illegally renting a house. MS. CURLEY: We all know that. MR. RUBENSTEIN: Hold on a minute. And if they're not renting and they're squatters, we're giving extensions to trespassers? MR. BLANCO: It would be up for a court of law, in my opinion -- and counsel can step in -- to make that determination. We're not judges. We're not here to determine whether they're trespassing or not. That is a legal issue that we have no jurisdiction March 24, 2022 Page 69 over. MR. RUBENSTEIN: We're here to say that are they legally renting. MR. BLANCO: We're not here to discuss whether the tenants are illegally renting. MR. RUBENSTEIN: I don't -- I don't hear from the manager that they are renting. MR. WHITE: Sir? Mr. Rubenstein? MR. RUBENSTEIN: Yes, sir. MR. WHITE: Whether there's zero dollars being received as consideration or not, they're occupying as tenants illegally, and that, to me, meets the requirements for the way that this case was advertised and is on the agenda for your consideration today. It's legally sufficient. MR. RUBENSTEIN: All right. So they're illegally occupying the property? MR. WHITE: The net effect is the same both as to the procedural due process issue of how the violation is characterized and to the degree that the order will be issued requiring them to abate. MR. RUBENSTEIN: Okay. Thank you. MR. LETOURNEAU: And the amount of time you're going to give is not for the people that are in the property; it's for this gentleman to get them out of the property. MR. RUBENSTEIN: All right. And I understand that your dad was ill and things went on. I do understand. MR. MARTINEZ: He has been for quite some time. MR. RUBENSTEIN: Okay. All right. MR. MARTINEZ: So asking him any question, you might get Tuesday as a response. MR. RUBENSTEIN: I get it. CHAIRMAN KAUFMAN: Okay. So we have a motion for March 24, 2022 Page 70 60 days. It's been seconded. All those in favor? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Okay. Hands now. Who's opposed? Who is opposed? One, two, three, and four. It's going to be one, two, three, four. MS. CURLEY: Wait, you're four. CHAIRMAN KAUFMAN: We have eight people today? MS. CURLEY: No. It's four in favor, three against, right? Yeah. It passes. CHAIRMAN KAUFMAN: Okay. It passes. THE COURT REPORTER: How did you vote? CHAIRMAN KAUFMAN: I voted for it. So it passes. Okay. So you have 60 days. Start whatever you need to start . You can use a copy of the order here to help you get the ball rolling as far as getting them removed. If you can't get them removed in 60 days, I'm sure the Board would be glad to hear back from you to see what we can do, and you could come back and say, this is what I need to do. They're going to go to court, et cetera, et cetera. If they are what you say they are, they probably don't have enough money to hire an attorney to fight this too well, but I don't know. It's not my purview. MR. LETOURNEAU: Did you mention operational costs and the amount of fine if the 60 days was not met? March 24, 2022 Page 71 MS. CURLEY: Five hundred dollars fine was what I mentioned, and I did not include the operational costs, and I should have. I apologize. So I will amend my motion. CHAIRMAN KAUFMAN: Operational costs of 59.28; is that correct? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Yes. Okay. That case is done. MS. BUCHILLON: And how long, the operational costs, 30 days? CHAIRMAN KAUFMAN: Yeah, the operational costs, typically, is 30 days. Okay. Terri, I'm going to ask you -- as far as I'm concerned this case is done. We're going to move to the next one. Are you okay for the next two cases since it's the same subject? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Put down in the record that Terri needs to get paid overtime for the next one. MS. BUCHILLON: Next case, No. 17, CESD20210011474, Nelson Martinez Land Holdings, LLC. (Rick Migal and David Martinez were previously sworn.) MR. WHITE: Mr. Chairman, based on the staff correcting the item on the agenda, I just want to confirm on the record that the notices that were provided were the correct case number, if we could just confirm that. CHAIRMAN KAUFMAN: Just say "yes," Helen. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay, good. MR. WHITE: Thank you. MR. MIGAL: The recommendation shows SD. CHAIRMAN KAUFMAN: Okay. This looks like unpermitted alterations made to the principal dwelling, the main March 24, 2022 Page 72 house, and the guesthouse, converting each structure into multifamily dwellings. This should be fairly straightforward. Do you have testimony on this and any photos? MR. MIGAL: Okay. Yes, testimony is while inspecting this property for another violation, the property owner, Nelson Martinez, allowed me to inspect the interiors of both the main and guesthouses on this property, and I observed that the interiors of both had been altered to function as duplexes. Upon checking existing permits, blueprints, and drawings, I discovered unpermitted alterations had been made to both structures. Since January of 2022 when son, David Martinez, gained legal guardianship over his father -- I have that date wrong. It must have been February -- he has become my primary contact for this case. Although some work has been done to fix the issues, as of yesterday's inspection this violation does remain. I now have to present -- I would now like to present case evidence in the following exhibits: Two photos dated December 21st, 2021, and eight photos dated March 23rd, 2022, and two determinations by chief building inspector dated December 10th, 2021, and all photos were taken by myself. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MIGAL: He has. CHAIRMAN KAUFMAN: Any objection to the photos? MR. MARTINEZ: None whatsoever. MR. WHITE: I'd note for the record, Mr. Chairman, that both individuals were previously sworn and remain under oath. CHAIRMAN KAUFMAN: Okay. Okay. If someone would make a motion to accept the photos. MS. ELROD: I make a motion to accept the photos. MR. RUBENSTEIN: Second. March 24, 2022 Page 73 CHAIRMAN KAUFMAN: A motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: Yeah, Rick, if you want to elaborate a little bit when I go through these photos here. MR. WHITE: And I'd also note that this is an LLC and that Mr. Martinez is the manager of that LLC as -- same as the last case. CHAIRMAN KAUFMAN: And authorized to make, et cetera. Okay. MR. MIGAL: Okay. So this picture is taken from the B apartment of the main residence, and the purpose of the picture is to show the door to the left of the refrigerator, which the next picture will be self-explanatory. That door leads to a wall that stops any bypass between -- or pass way between the two apartments, okay. And on the other side of that wall was a -- what we'll call a half bath, a toilet with a sink. MR. LETOURNEAU: And per code, this structure would need to be remaining open for all occupants in the particular dwelling unit. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: And we're looking at the guesthouse or main structure? March 24, 2022 Page 74 MR. MIGAL: This is the main structure at this point. CHAIRMAN KAUFMAN: So there was an interior wall that was changed? MR. MIGAL: Correct. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: So this is a picture I took just yesterday showing that they have already removed the obstruction, so... CHAIRMAN KAUFMAN: Okay. Without a permit? MR. MIGAL: Without a permit. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: So this is where the half bath was. Underneath those tools is the drain for the toilet and the other side, which the next picture will show, where there's a door. What was the door to the room is where the sink was, which both of those were also removed recently without a permit. CHAIRMAN KAUFMAN: So there was plumbing work done without a permit? MR. MIGAL: (Nods head.) CHAIRMAN KAUFMAN: Next. MR. LETOURNEAU: And removal without a permit. MR. MIGAL: Removal. CHAIRMAN KAUFMAN: And electrical, I might add, I'm sure. MR. MIGAL: There was probably electrical going in, but I'm not aware of any that was taken out. CHAIRMAN KAUFMAN: Okay. It's just an overkill. MR. MIGAL: Sure. This is a picture of the -- this is now the guesthouse, all right. So this is a picture of the kitchen in the Guesthouse B apartment which, according to the plans, is unpermitted. MR. BLANCO: So there's two separate units within the March 24, 2022 Page 75 guesthouse? MR. MIGAL: That's correct. Both the main and the guesthouse were configured as duplexes. CHAIRMAN KAUFMAN: Duplexes, okay. MR. MIGAL: This is the bathroom for the B apartment of the guesthouse. This -- the door on the left is the door that would be the pass-through between the two apartments, and it's blocked on both sides. This is the -- you've seen this picture already. This is the outside rear porch that they're using as a laundry, which is not on the permit. MS. CURLEY: And a kennel. MR. MIGAL: And a kennel. This is turned the other way. This is the A apartment in the guesthouse and showing the laundry on that side. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: A lot of laundry. MR. FUENTES: I've got a question. For a subunit, is there anybody currently living there now with the toilet removed? MR. MIGAL: Both sides -- this is the last case. Both sides are occupied. MR. FUENTES: So it is being occupied, but the toilet's been removed, the sink has been removed? MR. MIGAL: No, that was the main unit. We switched to the guesthouse with the first picture of -- I believe the kitchen was the first picture of the guesthouse. MS. CURLEY: Is that photo right there with the three washing machine -- or the three -- CHAIRMAN KAUFMAN: Dryer. MS. CURLEY: -- laundry components, is that a former patio that's been partially enclosed? That's not a legal room? MR. MIGAL: It's not enclosed. There is a knee wall running March 24, 2022 Page 76 across the face of it, if you see on the left of that picture. MS. CURLEY: I see. MR. MIGAL: I honestly can't comment as to whether that's permitted or not as I stand here. MS. CURLEY: So it's a patio? MR. MIGAL: The patio's on the original drawings that were submitted. I don't know if that knee wall is exactly the way it was shown on the -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Any other pictures, Jeff? MR. LETOURNEAU: I think we went through all of them. MR. MIGAL: Yes, that is it, 10 pictures. CHAIRMAN KAUFMAN: Okay. Your turn. I assume that you agree with all the rest of that? MR. MARTINEZ: There's nothing to disagree with. I absolutely agree. All of this is an issue, and I'd love to get those people out of there. CHAIRMAN KAUFMAN: Let me see if I can help on this a little. I don't know if this is going to fly. MR. BLANCO: Jeff, can you put up the aerial picture. MR. LETOURNEAU: I can. MR. BLANCO: Sorry to interrupt you, Mr. Chairman. CHAIRMAN KAUFMAN: That's okay. MR. MIGAL: If I may add one thing also. The main house is no longer occupied in case the question were to come up. It's just the guesthouse that has -- CHAIRMAN KAUFMAN: Right. MS. CURLEY: Is there power to the main house still, though? MR. MARTINEZ: Power has been turned off. MS. CURLEY: In the guesthouse? March 24, 2022 Page 77 MR. MARTINEZ: I guess it's got its own meter. CHAIRMAN KAUFMAN: Okay. Danny, anything? MR. BLANCO: No. I just wanted to see the aerials. CHAIRMAN KAUFMAN: The first thing I want to do is does a violation exist? Someone make that motion. MS. CURLEY: I make a motion a violation exists. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, typically -- I don't know if this may solve another problem -- when we make a motion, the last thing in our motion says we can get the Collier County Sheriff to help us abate the situation. So in this particular case, if you have people living in a place that has electrical and plumbing done without a permit and we came up with a motion that said they need to be removed, the people -- that's one of the questions we ask anybody -- we can -- and the last part of those motions generally says, and we can use the county -- the Collier County Sheriff to help remove that situation. Does that fly here? MR. WHITE: It's a standard part of every order. And in this instance, as in all others, the costs to do that would be imposed on the property owner. So whatever the Sheriff's Office deems those costs March 24, 2022 Page 78 to be -- and I'm not sure that they would ever do it. I've not spoken with their counsel in a good while, but I think the challenge is getting them to feel that they would have the authority and jurisdiction to take that action. CHAIRMAN KAUFMAN: I'm trying to help out the respondent. MS. CURLEY: The note on our -- on our stipulation says, and if the property owner doesn't do this, then the county can then do it and include the Sheriff's Office. We can't grant him the privilege of the county's Sheriff's Department. CHAIRMAN KAUFMAN: If he doesn't do it, the last part of those motions says you can use the Sheriff's Office to -- Jeff, correct me if I'm wrong. MR. LETOURNEAU: Well, it says that Code Enforcement Board may use the assistance of the Collier County Sheriff's Office. We can certainly ask them, you know, their opinion on whether or not they can do so, but I do think it's ultimately going to come down to the -- Mr. Martinez to evict these people, honestly. MS. CURLEY: Yeah. Mr. Martinez can call the Sheriff's Department and go down there or talk to them and find out what his legal rights are. It's not our job right here to do that. MR. LETOURNEAU: I personally don't see the Sheriff's Office going in on a -- on a CEB order for a permitting issue like this is. I think they're going to want Mr. Martinez to go through the eviction process. MR. WHITE: I would agree with that, Mr. Letourneau, and also comment that it would probably have to be similar to cases you hear as your Nuisance Abatement Board with that kind of evidentiary standards and applying those statutes and procedural rul es. CHAIRMAN KAUFMAN: Well -- and I can also argue the fact that if you have plumbing and electrical done without a permit, March 24, 2022 Page 79 it's a safety and health -- MR. LETOURNEAU: We can certainly ask them. CHAIRMAN KAUFMAN: Okay. I'm just trying to help you out. MR. MARTINEZ: Love it. CHAIRMAN KAUFMAN: Okay. Okay. Now, we've heard the case; we've found that a violation exists. Do you have a suggestion for us that includes the -- MR. MIGAL: My recommendation is 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 permits, inspections, and certificate of completion/occupancy for the unpermitted alteration made to the main dwelling and the guesthouse or to restore them back to the original permitted state within blank number of days of this hearing, or a fine of blank number of dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the 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 any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions for this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? 59.28 paid within 30 days. Sue, do you want to do the -- MS. CURLEY: John wants to. March 24, 2022 Page 80 CHAIRMAN KAUFMAN: John, you want to do it? MR. FUENTES: I do? CHAIRMAN KAUFMAN: You would -- MR. FUENTES: I mean, our last motion was for 60. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: So I think 90. That way 60, tenants leav e, you've got 90 to fix it. Can't fix it before they're gone. CHAIRMAN KAUFMAN: Right. MR. FUENTES: That puts them in a -- jeopardize the situation, so... CHAIRMAN KAUFMAN: Ninety days or a fine of how much? MR. FUENTES: I'm going to say $350. CHAIRMAN KAUFMAN: Three hundred fifty, okay. Any second on the motion? MR. BLANCO: I'll second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Two down. MR. MARTINEZ: Trifecta. March 24, 2022 Page 81 CHAIRMAN KAUFMAN: One to go. MS. BUCHILLON: Next case, No. 18, CESD20210011461, Nelson Martinez and Ada M. Diaz. (Rick Migal and David Martinez were previously sworn.) MR. MIGAL: Good morning. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CESD20210011461 dealing with the violation of Collier County Land Development Code 04 -41, as amended, Section 1.04.01(A), Section 2.02.03, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i), permitting alterations to the main house and guesthouse, converting them into multifamily dwellings, located at 871 5th Street Southwest, Naples, Florida 34117. Folio 37162680001. Personal service was given on February 24th, 2022. While inspecting this property for another violation, the property owner, Nelson Martinez, allowed me to inspect the interior of both buildings on the property, and I observed that the interiors of both the main house and the guesthouse had been altered to function as duplexes. And upon checking the existing permits, blueprints, and drawings, discovered that the unpermitted alterations had -- that unpermitted alterations had been made to both structures. After David Martinez gained legal guardianship over his father, he has begun to address the multiple issues and code cases on this property but, as of yesterday's inspection, this violation does remain. I would now like to present case evidence in the following exhibits: Three pictures dated November 8th, 2021; seven pictures dated March 23rd, 2022; and two determinations, one for the main house, one for the guesthouse, and all pictures were taken by myself. CHAIRMAN KAUFMAN: Okay. And the respondent has seen the photos? March 24, 2022 Page 82 MR. MIGAL: He has. MR. MARTINEZ: I have. CHAIRMAN KAUFMAN: Any objection? MR. MARTINEZ: None. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: (Absent.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: As in the prior case, Mr. Chairman and Board, both witnesses were previously sworn and are still under oath. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: All right. The first picture is the side entrance at the main house for the B apartment. MR. LETOURNEAU: Let's look at the aerial real quick so they know which ones we're talking about. CHAIRMAN KAUFMAN: You'll make Danny happy. MR. BLANCO: So these two parcels are next to each other? MR. LETOURNEAU: Yes. MR. MIGAL: Correct. MR. LETOURNEAU: So I'm taking it this is the guesthouse March 24, 2022 Page 83 right here, Rick? MR. MIGAL: That is correct. MR. LETOURNEAU: And the main house here, so this is A and B? A and B? MR. MIGAL: Correct. MR. LETOURNEAU: Okay. MR. WHITE: Just two points, Mr. Chairman. MR. MIGAL: I'm sorry, not correct. Because of the duplex nature, I've used the A and B to denote the A apartment within the main house and the B as the second apartment, and in the guesthouse the same exists. So I'm calling it guesthouse A and B, main house A and B. MR. WHITE: Two points, Mr. Chairman and Board. For the purposes of what the agenda states using the word "principle," I believe that's a typo, and it should be p-r-i-n-c-i-p-a-l, and we will so reflect in the order. And I'd note that Mr. Martinez in this case is authorized as the legal guardian, and I would just ask him to confirm that fact -- MR. MARTINEZ: That is correct. MR. WHITE: -- before we -- thank you. MR. LETOURNEAU: Okay. Back to the pictures. MR. MARTINEZ: If I might add, I am one of the legal guardians. There is a second legal guardian for his wife who is also incapacitated, and he has not been very forthcoming as far as communications. I have reached out multiple times. The first time that I have spoken with the man in my life was yesterday when he called to see about getting some money for his aunt. MR. WHITE: And the name of -- MR. MARTINEZ: His name is Robert Sanchez. MR. WHITE: And I'm asking -- MR. MARTINEZ: Roberto Sanchez. March 24, 2022 Page 84 MR. WHITE: Yes. I'm asking about the -- who he is the legal guardian for, by name. MR. MARTINEZ: He has guardianship for Ada M. Diaz. MR. WHITE: Thank you. And she is married to your father? MR. MARTINEZ: Nelson Martinez. MR. WHITE: Thank you. MR. MIGAL: Okay. So this second picture is the unpermitted kitchen within the main house, Apartment B. Another picture of the same. The bathroom in the B apartment in the main guest -- main house, sorry. Main house, the interior pass-through door, which you can see in the upper left, that would be -- would allow you to go from main house to -- or from the Apartment A to Apartment B. MR. BLANCO: Is this property occupied right now? MR. MIGAL: It is not. By David, I guess, when he's down here. MR. MARTINEZ: Yes. CHAIRMAN KAUFMAN: This is the main house? MR. MARTINEZ: That is correct. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: This is the door that we just saw open as well as the apartment door on the other side. There's a small maybe two-, three-foot hallway in between that has shelfing on both sides, and I've opened both doors at this point to show the pass-through. This is the guesthouse and the pass-through door between Apartment A and Apartment B in the guesthouse, and this is that same door opened into the Apartment B of the guesthouse. This is the unpermitted kitchen in the Apartment B of the guesthouse. This is the bathroom in Apartment B of the guesthouse. MR. LETOURNEAU: And that's it for the pictures, correct? CHAIRMAN KAUFMAN: Okay. Let's go back to the aerial shot quickly for a minute. March 24, 2022 Page 85 MR. BLANCO: And none of these properties are occupied, right, either guesthouse or main structure? CHAIRMAN KAUFMAN: The guesthouse is. MR. MIGAL: The guesthouse is occupied. CHAIRMAN KAUFMAN: Can you just point out where this house is? I know those red lines are not official. But it looks awful close to the property line. MR. MIGAL: Main house, guesthouse. CHAIRMAN KAUFMAN: Is that right on the property line? I think there are, what, 30-foot setbacks there? MR. MARTINEZ: Part of what you're seeing there is the roof of the house appears to be -- or to blend into the grass and whatnot next to it, but there's a considerable setback there. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: It's actually about here, and there is a driveway -- sorry. In my experience, I've seen sometimes these red lines are not accurate. CHAIRMAN KAUFMAN: Not -- MR. MIGAL: I've seen them go right through the -- not the middle, but the edge of a house, which would -- yes. MR. BLANCO: Quick question for the respondent. So both Units A and B, as the county's addressing them, on the guesthouse are occupied? MR. MARTINEZ: That is correct, by one family -- MR. BLANCO: Okay. MR. MARTINEZ: -- but I still want them out, too. They have told me that they are moving by April 15th. And if they have not, I will be starting eviction proceedings. I've been hearing this for way too long. MS. CURLEY: Okay. MR. LETOURNEAU: Rick, are you done? March 24, 2022 Page 86 MR. MIGAL: I am. MS. CURLEY: Make a motion a violation exists. MR. FUENTES: Second. MR. LETOURNEAU: Well, does Mr. Martinez want to -- CHAIRMAN KAUFMAN: Do you want to comment on this? You have been commenting as we go along, so... MR. MARTINEZ: I'm trying to figure out what the motion is for right now, sorry. MS. CURLEY: This is the other address with the same issue as the first issue. MR. MARTINEZ: Sure. CHAIRMAN KAUFMAN: Okay. Your motion is a violation exists? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: We have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And do you have a suggestion for us? MR. MIGAL: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 March 24, 2022 Page 87 incurred in the prosecution of this case within 30 days and abate all violations by. Number 1, obtaining all required Collier County building permits and/or demolition permits, inspections, and certificate of completion/occupancy for the unpermitted -- sorry -- I was watching her -- the unpermitted alteration made to the main dwelling and the guesthouse or to restore them back to original permitted state within blank number of 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 in -- 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? MS. CURLEY: I think we could fill it in identical to the other situation with the different address just for uniformality [sic]. CHAIRMAN KAUFMAN: So 59.28 for the costs to be paid within 30 days. MS. CURLEY: And Danny's suggestion of 90 days. MR. BLANCO: No, that was John. MS. CURLEY: John, excuse me; 90 days since he's got the tenant thing. CHAIRMAN KAUFMAN: And the fine? MR. FUENTES: Three fifty. CHAIRMAN KAUFMAN: Three fifty. MR. FUENTES: Three hundred fifty. March 24, 2022 Page 88 CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. It passes. I feel so sorry for you. MR. MARTINEZ: Just another day in paradise. MS. CURLEY: Hire a lawyer. MR. MARTINEZ: I already have. That's how I got guardianship. That's what I had to do to get him away fr om his gold diggers. CHAIRMAN KAUFMAN: You've got to take it one day at a time and work your issue. We're going to take a 10-minute break for the court reporter's fingers to heal. Be back at 11:15. (A brief recess was had from 11:01 a.m. to 11:15 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay. Helen, what's up? MS. BUCHILLON: We're going to call the cases that were sent home last hearing early because we had to give up the room. So they're here. We're going to call the imposition of fines. March 24, 2022 Page 89 CHAIRMAN KAUFMAN: Fine. MS. BUCHILLON: First case, under old business, motion for imposition of fines, No. 1, CESD20200007875, Jessica Doyle and Marc C. Berry. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. BERRY: I do. CHAIRMAN KAUFMAN: Good morning. Could you put your name on the microphone for us, please. MR. BERRY: Yes. My name is Marc Berry. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. CALLAHAN: Yes. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Past orders: On August 27th, 2021, Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violations. See attached order of the Board, OR6017, Page 211, for more information. Violation has not been abated as of March 24th, 2022. Fines and costs: Fines have accrued at a rate of $150 per day for the period December 26th, 2021, to March 24th, 2022, 89 days total. Fine amount: $13,350. Fines continue to accrue. Previous assessed operational costs of 59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount: $13,409.42. CHAIRMAN KAUFMAN: Okay, sir. MR. BERRY: Yes. CHAIRMAN KAUFMAN: You have a pool. No barrier March 24, 2022 Page 90 around it. MR. BERRY: Yes. That I -- that's been taken care of. There is a pool barrier around it. There's a fence completely built around it. The last time I was here, I submitted the plans to the city, I submitted the fencing diagrams, and I called him. And he said, well, we didn't like the slats in the fence because it had -- because I built slats in the fence. So I fixed that problem, submitted it to the city. Now I'm waiting on the city to respond. The pool -- I drew all the plans, all the blueprints, all the diagrams, the electrical, the plumbing. It's all done. I submitted it to the city. Now I'm waiting on the city. I've done all the work I can do. Now, there's still more work for me to do, but it's really cosmetic work to be done. The infrastructure is done. CHAIRMAN KAUFMAN: Well, my problem is this was a pool being built without a permit. MR. BERRY: Uh-huh. Yes, for a reason, but because I'm the builder. CHAIRMAN KAUFMAN: That doesn't matter. MR. BERRY: Yeah. Well, it matters with time. It matters when I'm not out there with a shovel. CHAIRMAN KAUFMAN: It doesn't matter. I'm telling you. MR. BERRY: Okay. CHAIRMAN KAUFMAN: It doesn't matter. MR. BERRY: Okay. CHAIRMAN KAUFMAN: You build a pool, you have to have a permit. MR. BERRY: Yes, and I know that. I know that. And I knew that. CHAIRMAN KAUFMAN: Okay. So -- March 24, 2022 Page 91 MR. BERRY: And there was no intention for me to not have a permit. I knew that that process was going to take place. CHAIRMAN KAUFMAN: But this goes back to 2021, December. MR. BERRY: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So, what, did you start it and then, like -- MR. BERRY: Right, to get ahead, because your time frame is not for this particular project. Now, for other projects maybe so. But the time frame for permit for me would -- had -- I would have been here, you know, every other day, you know what I mean, because I'm the person that did this with my own bare hands. MS. CURLEY: Can the county tell us when the permit was put in? MR. CATHEY: I don't have that in front of me. MS. CURLEY: So when did you put in the permit? MR. BERRY: I put the permit in as soon as -- March 7th after that first meeting we had. Immediately, I went in and redid all the paperwork over again. The very first time I showed up, I put the permit in. They said, no, you can't do it and whatever, and it lapsed after 30 days. And, then, so I went back. The -- when we had that dismissal because we ran out of time, and I resubmitted -- had to redo the permit. So I resubmitted that, drew the plans. Took me 48 hours to -- two days to draw the plans, the prints, the electrical plans, the plumbing plans, and redid it all, and I submitted it to the city. I even went out and -- because we had a problem with the fence. So I went out and built the fence, picket fence. He said the fence was fine when I showed him the actual photos of the fence, but when they went over it, they said, no, you've got slats in it. It makes it climbable. So I fixed that. I went back out and, you know, March 24, 2022 Page 92 fixed -- took care of that problem. So I resubmitted that just three days after he said -- MR. RUBENSTEIN: Does your pool have water in it? MR. BERRY: It has -- yeah, right now it has water. We've been using it. See, this is -- MR. RUBENSTEIN: So the pump is on and you've got electric going? MR. BERRY: Well, right now -- it's not on right this second because the wife and I decided -- the wife decided that she didn't like the color of the pool, so I drained it down. So it's empty right this minute, yes, because no one's using it because of the cold. But the pool was -- see, this is what I -- this is what I want the Board to understand. This was just a project for me. And there was a lot of things that I had to learn very quickly. To get a lazy river to move, you need to move a lot of water with as little electricity a s possible, and I got that done, but I have to -- I had to do a little bit of experimental work, and that experimental work is done now and, you know, we have a functional river. MR. RUBENSTEIN: So you've applied for a permit. Is there a barrier around the pool? MR. BERRY: Yes, there's a fence that travels all the way around -- (Simultaneous crosstalk.) THE COURT REPORTER: I can't get you all at the same time. MR. BERRY: Oh, I'm sorry. MR. RUBENSTEIN: The barrier is up? MR. CATHEY: There is a barrier all the way around the pool. MR. RUBENSTEIN: Okay. Is it hardwired in, the motor and the pump? MR. CATHEY: I don't know if there's a pump or not. The permits are active. There is a corrections letter from the Building March 24, 2022 Page 93 Department sent out earlier, I think back in February, and that's what he's been speaking about. He's been making those corrections. MR. RUBENSTEIN: Did you do your own electric, or did you -- MR. BERRY: Yes, sir. MR. RUBENSTEIN: You did? MR. BERRY: Yes, sir. MR. RUBENSTEIN: Okay. MR. BERRY: Yes, sir. I'm a -- what you call -- I could do just about everything. I've built family rooms. I've built -- done -- my wife wants me to get my contractor's license, but I'm done. MS. CURLEY: I think if you did you'd have an easier time getting your permits through. MR. BERRY: You know what, maybe. You may be right. You may be right, but -- MS. CURLEY: You'd learn what you need to do in advance, and so then you wouldn't have to be going back and forth. MR. BERRY: Well -- well -- well, first of all, I don't think flow dynamics is a college course, so I don't think the contractor's license would have helped, but you never know. CHAIRMAN KAUFMAN: Okay. Here's the deal: We're not here to hear the case. We're here to i mpose the fine or not. MR. BERRY: Uh-huh. CHAIRMAN KAUFMAN: And when I say "we're here to impose the fine," it's still not been abated, the -- MR. BERRY: Yes. CHAIRMAN KAUFMAN: -- violation. MR. BERRY: Well -- CHAIRMAN KAUFMAN: So we have no choice as to that. MR. BERRY: Okay. March 24, 2022 Page 94 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Why don't -- I mean, it seems like it's only been 89 days, so why don't we -- we've been so generous today. Why don't we give -- MR. BERRY: Thank you. MS. CURLEY: Why don't we like -- is it called an extension? CHAIRMAN KAUFMAN: Continuance. MS. CURLEY: Continuance. You're going to keep being fined, so you'll have to come back here. MR. BERRY: I mean, I'm trying. I mean, like I say -- MS. CURLEY: Don't talk over me, because she's typing everything we say. MR. BERRY: I'm sorry, I'm sorry, I'm sorry. MS. CURLEY: If we just give a continuance, then you can learn more and be on your path and then come back and see us when you're done and beg us for forgiveness, and we might think about not fining you. But right now -- right now it's going to cost you $13,000 if you don't say you're going to finish this right. MR. BERRY: I mean, I'm -- it's got to be done right, because there are a lot of dangers involved. I mean, I could electrocute my family. I mean, you guys are talking about money. I'm talking about life and death. So I want this done, and I want it done right and as soon as possible. CHAIRMAN KAUFMAN: Sue, time out. Are you making a motion? MS. CURLEY: No, I don't want to. CHAIRMAN KAUFMAN: Okay. Anybody from the Board want to comment on the situation? MR. FUENTES: Ryan's had a good time with this one. CHAIRMAN KAUFMAN: Eric, do you want to talk? MS. CURLEY: He's worried about electrocuting his family, March 24, 2022 Page 95 but he did it without a permit, so... THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. SHORT: I do. For the record, Eric Short, Collier County Code Enforcement. This is a learning process, I'm sure. He just got his corrections letter on the 1st of March. There's a lot in there. I'm sure it's going to be a lot of reading for you. MR. BERRY: I already corrected it all and submitted it. MR. SHORT: Okay. I haven't seen -- your correction isn't in there. MR. BERRY: It's in the print, yeah. MR. SHORT: You have an incomplete application at this point. I wouldn't know how to do this, and I work for the cou nty, and I have a general idea of what the requirements are. I would have hired a professional. But I can appreciate him doing the work. I don't believe there's an imminent safety issue at this time, and I don't think the county will have an objection to maybe a 60-day continuance just to -- MR. BERRY: Thank you. MR. SHORT: -- see where you're at. MR. BERRY: Thank you. Thank you. I mean, it works beautifully and safely. CHAIRMAN KAUFMAN: Okay. Any comments or motions from the Board? MS. ELROD: I'll make a motion to give him the 60-days continuance. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. AYASUN: Second. March 24, 2022 Page 96 CHAIRMAN KAUFMAN: We have a second. MR. BERRY: Thank you, Board. Thank you very much. CHAIRMAN KAUFMAN: Hold on. We didn't vote yet. Don't thank us too soon. MR. WHITE: Required to pay operational costs within 30? MS. ELROD: Yes. Operational costs 59.28 within 30 days. MR. WHITE: I believe it's .48. MS. BUCHILLON: 59.42. MR. WHITE: Sorry. MS. ELROD: Got it wrong. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MR. BERRY: Thank you very much. CHAIRMAN KAUFMAN: Get it done. MR. BERRY: Believe me, I am trying to. I want to move on to something else -- CHAIRMAN KAUFMAN: Don't swim in the pool. MR. BERRY: -- with a permit. CHAIRMAN KAUFMAN: Don't swim in the pool until you put water in it, et cetera. Okay. MS. CURLEY: Get a permit before you start stuff. MR. BERRY: I will. I will. I will. No problem. No March 24, 2022 Page 97 problem. CHAIRMAN KAUFMAN: Okay. MR. BERRY: Thank you very much. CHAIRMAN KAUFMAN: Okay, thanks. MS. BUCHILLON: Next case, No. 2, CEV20200000211, Miguel Cruz Estate. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CRUZ: I do. MR. AMBACH: I do. THE COURT REPORTER: What is your name? MR. CRUZ: My name is Michael Cruz. CHAIRMAN KAUFMAN: Okay, Michael. Do you want to read this for us? MR. AMBACH: Yes, sir. For the record, Chris Ambach, Collier County Code Enforcement. Past orders: On March 25th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5933, Page 2483, for more information. On September 23rd, 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 March 21st, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from June 24th, 2021, to March 21st, 2022, 271 days, for a total fine amount of $40,650. Previously assessed operational costs of $59.28 have been paid. March 24, 2022 Page 98 Operational costs for today's hearing: $59.42. Total amount: $40,709.42. CHAIRMAN KAUFMAN: Okay. The sheets we have have been corrected to reflect the changes. Okay. Any comments from the Board for the county? MR. RUBENSTEIN: Has it been abated; is that what you said? CHAIRMAN KAUFMAN: Yes. MR. AMBACH: Yes, sir. MS. CURLEY: Congratulations. Welcome back. MR. CRUZ: Thank you. CHAIRMAN KAUFMAN: Okay. Do you have any request for us? MR. CRUZ: I request that you drop the fines. If we take a trip down memory lane, it was my dad's property. I couldn't get rid of it because I would be liable for theft, and I finally got rid of it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Good job. I'll make a motion to deny the county claim -- fines of 41,100 -- $41,600. MR. FUENTES: Second. MS. CURLEY: And no operational costs today. CHAIRMAN KAUFMAN: Okay. We have a motion and a second by John. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? March 24, 2022 Page 99 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CRUZ: Thank you, guys. CHAIRMAN KAUFMAN: Good luck. MR. LETOURNEAU: Thank you. MS. ELROD: Thanks for coming back. CHAIRMAN KAUFMAN: Come back next month if you have nothing else to do. MR. CRUZ: I work in Sarasota. MS. BUCHILLON: Next case, No. 7, CESD20180006675, Med-Life Enterprise, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. CHAIRMAN KAUFMAN: Excuse me, Joe. Okay. Do you want to read this into the record for us? MR. MUCHA: Yes. 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, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Violation location was 5101 Tamiami Trail East, Naples. Folio No. 55151480003. The description of the violation was an interior demolition without a valid Collier County building permit. Past orders: On August 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 ordinance and ordered to correct the violations. See the attached order of the Board, OR6034, Page 3554, for more information. March 24, 2022 Page 100 Violation has been abated as of December 29th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from October 27th, 2021, to December 29th, 2021, 64 days, for a total fine amount of $6,400. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.49, for a total fine amount of $6,459.49. So the gentleman was here this morning. He had to leave, but he also had submitted a letter because he was here last month. If, Jeff, you want to pull that up. MR. WHITE: I'd note for the record that the gentleman is, indeed, the president of the corporation per the Division of Corporations records. CHAIRMAN KAUFMAN: Okay. It looks like he addressed the problem quickly, and he got it done. MR. MUCHA: Yes, sir. MR. BLANCO: I'll make a motion to deny the county's request for imposition of fines. MS. CURLEY: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) March 24, 2022 Page 101 CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. MS. BUCHILLON: Okay. Next case, No. 4, CELU20200011248, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. TRESSLER: I do. MR. SHORT: I do. For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in regards to your past orders. On November 20th, 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 5874, Page 372, for more information. On March 25th, 2021, the Code Enforcement Board granted an extension of time. See the attached order of the Board in Documents and Images for more information. On July 22nd, 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 February 16th, 2022. Fines have accrued at a rate of $200 per day for the period from June 24th, 2021, to February 16th, 2022, 238 days, for a total fine amount of $47,600. MR. LETOURNEAU: Eric, do you have the right -- MR. SHORT: I do not. Excuse me. March 24, 2022 Page 102 MR. LETOURNEAU: No problem. MR. SHORT: You'll hear that a little bit later. MR. LETOURNEAU: Let's just start that one over. MR. SHORT: All right. Okay. This one is in regards to your past orders. On August 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 6027, Page 731, for more information. The violation has been abated as of October 28th, 2021. Fines and costs to date are as follows: Fines have accrued in the amount of $100 per day for the period from September 27th, 2021, to October 28th, 2021, 32 days, for a total fine amount of $3,200. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing would be $59.49, for a total amount of $3,259.49. CHAIRMAN KAUFMAN: Okay. Ma'am, you might want to bring your microphone down. MS. TRESSLER: Okay. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Your name? MS. TRESSLER: Veronica Tressler. CHAIRMAN KAUFMAN: You've heard what Supervisor Short has read into the record on this case. I will point out that the violation was abated in October. MR. SHORT: That's correct. CHAIRMAN KAUFMAN: So -- MS. TRESSLER: It was just a temporary thing. We were cleaning out the garage and, because it was kind of raining, we tarped it with blue tarps, which, I think, is what caused the problem, and March 24, 2022 Page 103 we've cleaned it up and took care of that. So I was hoping you would be kind enough to not charge me the money. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? Any motions from the Board? MS. CURLEY: Do you live here? MS. TRESSLER: I do. MR. BLANCO: I'll make a motion to deny the county's request for imposition of fines. 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. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: The -- is this the only case on this? MR. SHORT: Yes, yes. CHAIRMAN KAUFMAN: Okay. Okay. Your fines have been abated. MS. TRESSLER: Thank you so much. CHAIRMAN KAUFMAN: Okay. MR. SHORT: Thank you. MS. BUCHILLON: Next case, No. 8 -- No. 9, I'm sorry, CESD20190013491, Mary S. Kress. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? March 24, 2022 Page 104 MR. SHORT: I do. MR. KRESS: Yes, I do. MS. KRESS: I do. MR. SHORT: For the record, again, Supervisor Eric Short with Collier County Code Enforcement. I've read most of this into the record, but I'll start over. This is in regards to your past orders, on November 20th, 2020, where 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 5874, Page 372, for more information. On March 25th, 2021, the Code Enforcement Board granted an extension of time. See the attached order of the Board in Documents and Images for more information. On July 22nd, 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 February 16th, 2022. And your fines and costs to date are as follows: Fines have accrued at a rate of $200 per day from the period of June 24th, 2021, to February 16th, 2022, 238 days, for a total fine amount of 47,600. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.70, for a total amount of $47,659.70. CHAIRMAN KAUFMAN: Okay. As I recall, you bought the property. You knew it had problems. You fixed the problems. MS. KRESS: Yes. CHAIRMAN KAUFMAN: And you're here today to... MS. KRESS: Ask to waive the fines. CHAIRMAN KAUFMAN: You're requesting that the fines be March 24, 2022 Page 105 waived? MS. KRESS: Yes. CHAIRMAN KAUFMAN: Any comments from the Board? MS. ELROD: I make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you waited, but 47,600 is a good wait time. THE COURT REPORTER: Could I get your name? MR. KRESS: B-a-r-r-y Kress. CHAIRMAN KAUFMAN: Don't whisper. MS. BUCHILLON: Next case, No. 10, CESD20200006363, Miguel Arroyo. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. MR. ARROYO: I do. March 24, 2022 Page 106 THE COURT REPORTER: Are you Miguel? MR. ARROYO: Correct. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. MUSSE: Yes, sir. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On April 23rd, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR5944, Page 1398, for more information. On January 27th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. Violation has not been abated as of March 24th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period from August 22nd, 2021, to March 24th, 2022, 215 days, for a total fine amount of 21,500. Fines continue to accrue. Previously assessed operational costs of 59.21 have been paid, operational costs for today's hearing is 59.35, for a total amount of $21,559.35. CHAIRMAN KAUFMAN: Okay. So the violation has not been abated? MR. MUSSE: No, sir. The demolition permit for the entryway is -- it's still active, but they haven't had -- obtained a certificate of completion for that. There's two pending conditions that need to be met before -- and two final inspections that still are pending on that particular permit. March 24, 2022 Page 107 He did, however, for the carport/shed did obtain a permit. It was applied for on February 14th; however, the plans were just recently rejected by the county. I just submitted the correction letter to his permitting consultant that he hired and also advised him of the rejection of the permit. CHAIRMAN KAUFMAN: So there was a detached garage built without a permit? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: And there was a porch -- MR. MUSSE: Yes. CHAIRMAN KAUFMAN: -- done? MR. MUSSE: Yes, which he has demolished the porch, and there's just pending inspections. CHAIRMAN KAUFMAN: Okay. I understand. MS. CURLEY: Did they do this, or did they buy the house this way? MR. MUSSE: This is a good question. MS. CURLEY: Did your father do this? MR. ARROYO: My father did everything without a permit. CHAIRMAN KAUFMAN: And this is your dad here? MR. ARROYO: Correct. CHAIRMAN KAUFMAN: Okay. Okay. Well -- MR. WHITE: What's your name, sir, on the record? MR. ARROYO: Miguel Arroyo. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So what -- MR. ARROYO: Like he said right now, the site plans, everything's in for the shed. The demo permit's still up because I need it -- to get it up to date in order for them to submit the plans. Like he said, right now corrections just came on March 15th. So as of yesterday I've been trying to contact the provider. That way I March 24, 2022 Page 108 could speak to a secretary or somebody to give us a game plan of the corrections. It's pretty much a flood zone. CHAIRMAN KAUFMAN: Okay. This is a year old? MR. ARROYO: Yeah. CHAIRMAN KAUFMAN: April is one year. MS. CURLEY: He's interpreting for his father. Is your mom alive? MR. ARROYO: Correct, yes. MS. CURLEY: Is this the shed that he built for -- he built for your mother? MR. ARROYO: No. He just made a shed just to store things away. No one's living there. There's no electrical. There's no plumbing. It's only rough trusses. It's only pretty much a roof to cover materials. MS. CURLEY: So you just see that the shed permits been rejected. You don't see the notes to it? MR. MUSSE: According to the notes, it's all flood related. Possibly have to have elevation -- CHAIRMAN KAUFMAN: Elevation. MR. MUSSE: -- flood vents possibly. MS. CURLEY: It's a big job. MR. MUSSE: Yeah. CHAIRMAN KAUFMAN: Well, if it's elevation, either they'd raise the building or they tear it down. There's not much in between. MR. WHITE: If it's a habitable structure, yes. This is not a habitable structure, and I believe flood vents, as testified, would be adequate. MS. CURLEY: So I think you need more time since you're doing this pro bono for your mom and dad, right? Is that what you're here for? Because normally we would be fining you. MR. ARROYO: Correct. March 24, 2022 Page 109 MR. WHITE: Were you here last month but your case wasn't heard? MS. CURLEY: Yes. MR. MUSSE: No, he was here the month prior. MR. WHITE: January. MR. MUSSE: It was a continuance, correct. CHAIRMAN KAUFMAN: Well -- MS. CURLEY: Do you want to have your -- are you -- does your dad speak English at all? MR. ARROYO: No, that's the reason why I'm here. CHAIRMAN KAUFMAN: Well -- MS. ELROD: Any idea how long it's going to take to finish this? MR. ARROYO: Pretty much like I said, it's just me getting in contact with the person I'm dealing with and giving me a game plan. I mean, honestly, everything's always about money. So I've just got to go in there, have a talk with him, and then go based on from there. Minimum time will be perfect for me. It's just, like I said, I've got to take care of the flood zone, whatever the corrections that came back from the county, and... I don't plan on really taking long. But I don't know how long the process is going to be for the flood zone either. MS. CURLEY: Well, do you have a survey, an elevation survey for your property? Do your parents have that on hand? MR. ARROYO: Yeah, everything's on it. MS. CURLEY: Because if you really want to be conscious about money, you're already up to $21,500 fine here. So, I mean, demoing it is the quickest way -- getting your final permit is the quickest way to get out of the system. CHAIRMAN KAUFMAN: Would you -- MS. CURLEY: I know this isn't your house. March 24, 2022 Page 110 CHAIRMAN KAUFMAN: I was going to ask -- and I know Kathy asked, how long do you think this is going to take? That's what's before us right now. Either impose the fine or, if it's a reasonable request for a little additional time to get this thing done, I'm certain the Board would entertain that. MR. ARROYO: I think two months will be more than enough time. CHAIRMAN KAUFMAN: Okay. So 90 days would be more than enough time. MR. ARROYO: I said two months, but if you give me 90 days, that's a lot better for me. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So that gives you time. If after two months you realize it can't be done, that gives you time to put in a permit to demolish it and get rid of it and then bring your dad back here in 90 days and tell us whether it's gone or you're good to go. But either way, you're going to have to escort him back here again. MR. ARROYO: Okay. That's perfect. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MS. ELROD: I'll make a motion to continue for 90 days. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. March 24, 2022 Page 111 MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Ninety days. MR. ARROYO: Thank you. CHAIRMAN KAUFMAN: Hopefully you'll have everything done by then. MR. ARROYO: Yep. Thank you. MR. MUSSE: Thank you. MS. BUCHILLON: Next case, Item 16, CENA20210006479, Dale Ebanks. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. EBANKS: Yes. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read this into the record for us? MR. MUCHA: Yes, sir. Wait, I grabbed the wrong one. I'm sorry. CHAIRMAN KAUFMAN: Take your time. MS. CURLEY: Were you here last month? MR. EBANKS: No. THE COURT REPORTER: Can you state your name. MR. EBANKS: Dale Ebanks. CHAIRMAN KAUFMAN: You may want to put the microphone up. You're taller than most people. MS. CURLEY: Everyone. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, March 24, 2022 Page 112 Collier County Code Enforcement. This is dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(d). Location is 334 Porter Street, Naples. Folio No. 0446680000. Description of the violation was exotics consisting of, but not limited to, Brazilian pepper hedge and air potato. On October 29th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached order of the Board, OR6071, Page 7, for more information. The violation has been abated as of February 9th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 29th, 2021, to February 9th, 2022, 43 days, for a total fine amount of $4,300. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.42, for a total fine amount of $4,359.42. CHAIRMAN KAUFMAN: Okay, sir. MR. EBANKS: Yes. CHAIRMAN KAUFMAN: You had a problem with Brazilian pepper hedges and air potatoes and -- MR. EBANKS: Yes. CHAIRMAN KAUFMAN: And you took care of it? MR. EBANKS: I did. CHAIRMAN KAUFMAN: And you're coming before the Board because you want to... MR. EBANKS: If I could have the fine removed, because this happened at the time of year when we were very busy. Like, I work every single day. And I tried to get a couple tree removal companies to do this, and everyone was extremely busy as, you know, it's March 24, 2022 Page 113 season. And at the ended up that I had to do it myself, and I'm working, like, seven days a week. So, you know, I have to choose not to work or to get this done. And either way, you know, it's costing me, you know, but if I don't work, I'm losing money, so, you know, it's -- CHAIRMAN KAUFMAN: Okay. Well, I think you did a good job getting it resolved. Any comments or motions from the Board? MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: We still have last month's -- we have a 59.28 for -- CHAIRMAN KAUFMAN: No, that was paid. MS. BUCHILLON: No, that was paid. MS. CURLEY: Okay. Strike. MR. EBANKS: Thank you. CHAIRMAN KAUFMAN: So the work you did, you got paid $4,400 for that time that took you, okay? March 24, 2022 Page 114 MR. EBANKS: Yes, thank you very much. CHAIRMAN KAUFMAN: Thank you. MR. EBANKS: Appreciate it. MS. BUCHILLON: Next case, No. 17, CESD20200000760, Jaime Cisneros and Marie Cisneros. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CISNEROS: Yes, I do. MR. CATHEY: I do. THE COURT REPORTER: Your name? MR. CISNEROS: Jaime Cisneros. CHAIRMAN KAUFMAN: Okay. Do you want to read it into the record for us? MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. On July 22nd, 2021, Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violations. See attached order of the Board, OR5996, Page 2980, for more information. Violation has been abated as of March 7th, 2022. Fines have accrued at a rate of $200 per day for the period from January 19th, 2022, to March 7th, 2022, 22 days. Total fine amount of 4,400. Previous assessed operational costs, 59.28, have been paid. Operational costs for today's hearing, 59.42. Total amount is $4,459.42. CHAIRMAN KAUFMAN: Okay. Your turn. MR. CISNEROS: Yes. We got -- signed a stipulation agreement on August 22nd for six months until January 22nd, and I was able to submit all my paperwork with Property Appraiser's March 24, 2022 Page 115 Office with Dan Eby and also with Ray Bellows at the Growth Management Department, and we submitted that one. I got a receipt here for January 20th, which is four days before the stipulation ended. And as far as I know, everything's good on agricultural property. Just trying to see if we can waive the fines for the 4,400 -- CHAIRMAN KAUFMAN: 4,459, yes. MR. CISNEROS: Yes, sir. As of right now, everything's good to go in the agricultural property exemption. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Yeah, I'll make a motion to deny the county's fines, and including no hearing costs. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Fines are gone. MR. CISNEROS: Thank you, guys. MS. BUCHILLON: Next, we are back up on public hearings, D, hearings, No. 2, CEPM20210002299, Nina Diaz, Lucia Marrero, and Alfred Diaz, Jr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing March 24, 2022 Page 116 but the truth? MR. JOHNSON: I do. MS. DIAZ: I do. THE COURT REPORTER: Your name? MS. DIAZ: Nina Diaz. CHAIRMAN KAUFMAN: Nina, could you bring the microphone down a little bit. There you go. John, you're on. It rhymes. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEPM20210002299 dealing with a violation of buildings and building regulations, property maintenance code, general provision of the Collier County Code of Laws and ordinances Chapter 22, Article VI, Section 22-228, Subsection 1, and Section 22-231, subsection (12)(n), specifically, two accessory structures, i.e., sheds, are in a state of extreme disrepair located at 2648 Van Buren Avenue, Naples, Florida, 34112, and the folio number there is 29280440005. Service was given on May 4th, 2021. A quick summary of the case: In March 2021, Code Enforcement received a complaint regarding dilapidated sheds that were infested with vermin. My investigator confirmed that these sheds were not properly maintained, and a property maintenance notice of violation was issued in May of 2021. Over the course of several months, numerous issues causing delays to compliance including, but not limited to, the owner had passed away intestate -- no will -- and eviction process, which I think the respondent will confirm it took over four months to evict in thi s case. A contract of sale that is still pending with a minor who has signed the contract, which is apparently illegal. And those issues have caused delays. The contract for sale is still pending. And as March 24, 2022 Page 117 of today, this violation remains. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: I would now like to present -- CHAIRMAN KAUFMAN: Pictures. MR. JOHNSON: -- case evidence in the following exhibits: The property information and aerial taken from the Collier County Appraiser website and one photo taken by me on December 29th, 2021. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. JOHNSON: She has. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MS. DIAZ: No. CHAIRMAN KAUFMAN: Okay. When you shake your head, she can't write it down. MS. DIAZ: Sorry. CHAIRMAN KAUFMAN: Shook head "no." Okay. Can we get a motion from the Board to accept the photos. MR. BLANCO: Make a motion to accept. MR. AYASUN: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. March 24, 2022 Page 118 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. JOHNSON: So the aerial, if we start there, shows this parcel on Van Buren. It's in the Bayshore area. And the case evidence picture shows these two accessory structures. One which is some type of dilapidated aluminum shed. The other is a block structure, and we're not exactly sure what that was. The respondent mentioned it might have been used to burn garbage many, many, many years ago. But neither are permitted, and both are in need of repair, and that's it. CHAIRMAN KAUFMAN: Or removal. MR. JOHNSON: Or removal, yes; yes, sir. CHAIRMAN KAUFMAN: Okay. So let me ask a couple of questions. You're selling the property? MS. DIAZ: Yes. CHAIRMAN KAUFMAN: Okay. Do you think it might be easier to sell the property once those two things are gone? MS. DIAZ: Well, the property already has a contract on it. We've had to extend the contract several times because my minor sibling, there's some guardianship issues that we don't -- there was no guardian, like, legally put in the court for him. It was done through a notary. So we've had several problems with his mother that resided there before, sort of like your hearing earlier, where we didn't have a formal lease. So then she was called, like, a squatter. So you can't evict a squatter because they don't have a lease. So we went back and forth about how to pursue that. Finally we had to get a judge to go ahead and put an order saying that she needed to go. Collier County had to come, the cops, and escort her out. March 24, 2022 Page 119 The house was left disheveled. We didn't get in there probably until, like, six months after, and then I found out through Mr. Johnson that there was a problem with the shed in the back previous to my father being deceased. I didn't have a relationship with him for over 15 years, so I was not aware of the condition of the property. But the buyer is aware. He's been there. And, actually, there was miscommunication between my siblings and him. He agreed to go ahead and remove the shed. Well, actually, he proposed, hey, do you want me to remove the shed? I told my sibling, yeah, just go ahead. Let him do it. And then I guess that information didn't go ahead and shelter through to each other, so that's why we're here. CHAIRMAN KAUFMAN: Okay. I'm concerned about closing on a property that has a code violation on it. MR. JOHNSON: Well, can I answer? Yeah, the way that works is I think it's summarized under caveat emptor, buyer beware. And they assume all the issues that may be inherent in that property. So it can be done. MS. CURLEY: It's not our concern. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: I mean, you know, there's no lien on the title right now. MR. LETOURNEAU: And she's testified that he is aware of it. MR. JOHNSON: Correct. MS. DIAZ: Yes. MS. CURLEY: So do we make a motion a violation exists? CHAIRMAN KAUFMAN: Absolutely. MS. CURLEY: Okay. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. March 24, 2022 Page 120 MR. RUBENSTEIN: (No verbal response.) MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. How long do you think it's going to take for this property to close? MS. DIAZ: I'm praying today. No, to be honest with you, we've encountered so many problems. I'm praying by three months it should be all done. Right now we're going through a Guardian ad Litem for my younger sibling so that way his money is secured once the house is closed. So as soon as we obtain that, which should be, I would say, within the next 30 days, then we can go ahead and close. The buyers already put their money into escrow and everything. So it's just waiting for that detail to happen in order for all this to be done. MR. BLANCO: And you mentioned that the buyer's willing to remove it himself now. MS. DIAZ: Yes. MS. CURLEY: Well, she can hire whoever she wants. MR. BLANCO: Yeah. I'm not telling her who to hire. I was just making an observation based on what she said. CHAIRMAN KAUFMAN: So, John, do you have a suggestion for us? MR. JOHNSON: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount $59.21 incurred in the prosecution of this case within 30 days and March 24, 2022 Page 121 abate all violations by: Number 1, obtaining all required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy for repairs and/or removal of the accessory structures within X number of days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated; and, Number 2, the respondent must notify the 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 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. And if I may say, the buyer has deposited all funds for the transaction that this -- the contract for sale, I've seen it. I actually have it, a copy of it. It's ready to go, but the attorneys are holding up. This minor actually signed the contract for sale, and that has thrown a wrench into the works. This would have been resolved months ago. MS. CURLEY: The minor is the seller? MR. JOHNSON: The minor is an heir of the deceased owner, and not only that, the minor -- MS. CURLEY: It's your brother. MR. JOHNSON: The minor is the child -- the deceased owner was living with a girlfriend there. They had a child. The girlfriend was the one who was evicted. I mean, it's a little bit. MS. DIAZ: It's Jerry Springer. MR. JOHNSON: It's a little bit convoluted. But, anyway, because of the contract of sale, they actually put a digital signature March 24, 2022 Page 122 for a minor on there. That blew it up, and they're trying to resolve it. MS. CURLEY: Yeah. So that's all fixable. That's the great things like this. It's all fixable. MR. JOHNSON: Correct. MS. CURLEY: It just takes time and money. So let's -- MS. DIAZ: It's taken a lot of time and a lot of money. MS. CURLEY: Let's remember that the complaint was brought on by a neighbor. MR. JOHNSON: Correct, a neighbor, yes. MS. CURLEY: Yeah. So we don't -- it needs to be fixed as you suggested, at 30 days. And it's -- how she does it, who she hires, how it's achieved is not really any of our problem, but it's been a year, and the neighbors who are living around you have had to see that property that you are now partially owner of. So I will fill in the blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: 59.21 payable within 30 days, and you have 30 days to remove it -- CHAIRMAN KAUFMAN: Close. MS. CURLEY: -- or if you need a demo permit, get a demo permit. I don't know. You might want to find out about that. But 30 days or a $200-a-day fine any time after that if the project's not complete. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. March 24, 2022 Page 123 MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. If you run into problems and it doesn't get done in 30 days, come back here and let us know what the status is, and the Board would probably entertain you asking for additional time. MS. DIAZ: Okay. That's probably going to happen. CHAIRMAN KAUFMAN: Okay. MS. DIAZ: So I'll see you in 30 days. CHAIRMAN KAUFMAN: We'll see you soon. MR. BLANCO: A point of clarification. Just to make sure that you understand that this is not referring to the closing of the property; this is referring to the removal of the sheds. MS. DIAZ: I understand. CHAIRMAN KAUFMAN: Yes, okay. MS. DIAZ: Yeah. I'm just a single mom. I work seven days a week every other week so, you know, I'm trying to do the best I can. MR. BLANCO: Yeah. CHAIRMAN KAUFMAN: Okay. MS. DIAZ: Okay? CHAIRMAN KAUFMAN: Okay. Thank you. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thank you, John. MS. BUCHILLON: Next case, No. 20, CESD20210012756, Daniel Zalimov and Julie Zalimov. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. D'ELIA: I do. MR. ZALIMOV: Yes, I do. March 24, 2022 Page 124 THE COURT REPORTER: Your name? MR. ZALIMOV: My name is Dan Zalimov. CHAIRMAN KAUFMAN: Okay. John, you want to kick this off? MR. D'ELIA: Sure. I'll go nice and slow for you this time. Good morning. For the record, Investigator John D'Elia, Collier County Code Enforcement. This is in reference to Case No. CESD20210012756 in dealing with the violations of ordinances Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), located at 1323 Barbizon Lane, Naples, Florida 34104. Folio No. 24880280000. Service was given on December 13th, 2021. Initial inspection was performed by Contractor Licensing's James Reynolds and then given to me after the determination was made on December 26th, 2021. I issued notice of violation on December 13th, 2021. On December 14th, 2021, I spoke with the homeowner, Daniel Zalimov, and explained the NOV and informed him he needs to reach out to the Permitting Department to start the permitting process. On December 31st, 2021, I observed a Permit No. PRBD20211258214 was under review. On January 5th, 2022, I seen that one of the reviews had been rejected, and I informed that he should not perform any more work on the home until a permit has been issued. On February 16th, 2022, I spoke with Daniel who informed me that he has hired an architect to help with the drawings and contractor to help with the permitting. At this time, I would like to present the case evidence in the following exhibits: 11 photos taken by Contractor Licensing Investigator James Reynolds December 6th, 2021, with the March 24, 2022 Page 125 determination made by the Chief Building Official Jonathan Walsh. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. D'ELIA: Yes, he has. CHAIRMAN KAUFMAN: Do you have any objection to the pictures? MR. ZALIMOV: No, sir. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. FUENTES: Second. MS. ELROD: I'll make a motion to accept. CHAIRMAN KAUFMAN: Okay, and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. D'ELIA: If you notice on this first picture up on top, I believe -- oh, it's right there. That is -- the permit was required by Jonathan Walsh. It was signed by him. That was the determination at the same time with the pictures. CHAIRMAN KAUFMAN: So that's electrical work. Looks like ductwork. MR. D'ELIA: I believe it was a carport at one time that he's transforming into a room area. March 24, 2022 Page 126 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Was that a fire or -- MR. D'ELIA: No, I just think the pictures came out dark from the camera. That's all. CHAIRMAN KAUFMAN: Panel box. So there's electrical. Is there plumbing going on? MR. D'ELIA: Yeah. I believe he's moving plumbing because there was a washer and dryer that was located in there that he -- CHAIRMAN KAUFMAN: I see the blue pipes, yeah, okay. MR. D'ELIA: As I stated, he was going for the permits, but it was denied, so he's up to this stage right now. MR. RUBENSTEIN: Is this house a Key Wester? MR. D'ELIA: I'm sorry, sir? MR. RUBENSTEIN: Is it a Key Wester house? Is it elevated? MR. D'ELIA: No, sir. No. MS. CURLEY: It's Brookside. MR. D'ELIA: Yeah, it's in Brookside. MR. LETOURNEAU: Is that an addition right here, Jack? MR. D'ELIA: I don't -- no. I think that's just the way I took the photograph. No, no. That's a -- that's -- the photograph there is from the neighbor. If you shoot through the -- like, if you take a picture from the neighbor's house, I think that is actually the carport from the neighbor's house. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: All right. That's it for the pictures? MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: So, in summary, there's a house being built or extensively modified? MR. D'ELIA: Correct. The modifications to -- the alterations to the carport is what was questioned here. The house itself has been March 24, 2022 Page 127 CO'ed. This is just the additions they're putting on. And he's trying his best -- he's gotten in deeper because he doesn't know what the laws are. So I think at this moment he's asking you for more time to come up with a permit because it was denied, and now he's hired people for it. CHAIRMAN KAUFMAN: Okay. Okay, sir. MR. ZALIMOV: Well, it's taken two months for -- maybe a little bit more than two months, two-and-a-half months, for the architect to give me the blueprint. So right now I'm at the time for two, three more weeks for the engineer to be approved, the existing construction over there to make sure, you know, it's okay. And, definitely, I talk with the owner for the company Sam D to pull the permits for me. I don't know too much about this, you know, the permits go to Collier County, the Horseshoe Drive. So I prefer pay a couple bucks more, you know, to be doing somebody this for me. And put all the permits, what is necessary for to move my family, finish the project, we move my family. Right now I live in a trailer park with my wife and two kids in Naples on Radio Road. So I prefer to fix this house and move. You know, it take probably six, seven months, a year. I don't know. It's old house; it's 1961. So imagination. It's -- how many generations of the people was living in this house, you know. It's taking time for -- CHAIRMAN KAUFMAN: You started the -- MR. ZALIMOV: Well, I agree with Mr. Jack, yes. I start to be cleaned everything what was bad, because a year, maybe two years, no people don't live in this house. The old homeowner passed away, so it was in kind of bad conditions, you know. No A/C. There was a lot of mold. I saw the termites. So I try to fix little bit by little bit, you know. So what's up with this right now, I think we pulled the permits for -- I (unintelligible) electrical, plumbing, yeah, definitely, you March 24, 2022 Page 128 know, and -- CHAIRMAN KAUFMAN: So on this particular property -- MR. ZALIMOV: Yes, sir. It's outdoor area. CHAIRMAN KAUFMAN: The outdoor area. You wanted to modify it, but you didn't get the permits to do it. MR. ZALIMOV: No, sir. Yes. CHAIRMAN KAUFMAN: Okay. That's all I want to know right now, because then we have to determine whether a violation exists. MR. ZALIMOV: Oh, okay. CHAIRMAN KAUFMAN: And based on what you say, I believe a violation does exist. Anybody want to make a motion to that effect? MS. CURLEY: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. Can we get a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So a violation exists. And you have a suggestion for us? MR. D'ELIA: My -- yes, I do. The recommendation is that the Code Enforcement Board orders the respondent to pay all March 24, 2022 Page 129 operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days and abate all violations by: First, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the modifications on the home within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatements. 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. This is an addition to the house? MR. D'ELIA: Correct. CHAIRMAN KAUFMAN: The house is permitted? MR. D'ELIA: Correct. CHAIRMAN KAUFMAN: He can be living in the house; there's no problem? MR. D'ELIA: That's correct, yes. CHAIRMAN KAUFMAN: The square -- approximate square footage of this, which requires electrical and plumbing, is what? MR. D'ELIA: I would have to say 25 by 20. It's a carport area. MR. ZALIMOV: Yes. MR. D'ELIA: I mean, it's a carport area. I think the pictures make it look a lot larger than what it actually is, to be honest with you. March 24, 2022 Page 130 CHAIRMAN KAUFMAN: Now, you've gone out and you have gotten ahold of a contractor to finish this job? MR. ZALIMOV: It's very hard right now to find the right people and time because everybody's busy. Everybody don't show up at the jobs. Well, I'm a licensed contractor, the flooring. I can easy doing my floor over there, but I need the other contractors. So everybody 's kind of busy, so push me week to other weeks and month. So it's -- I need -- probably need six months to -- for finish this project, if it's possible. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I just have one question for the county. In your original statement, did you say that it was referred to contractor's licensing? Did he have somebody do this work? MR. D'ELIA: No. He had nobody doing the work. He was doing the work himself; however, because of the determination, well, the span or the scope of the work that was being performed, this is where the permits were needed. Contractor’s licensing was called by the neighbor. The neighbor no longer lives there. They moved out. In the meantime, he stopped all work until the permits go through at this moment. CHAIRMAN KAUFMAN: Okay. And you're close to getting the permits? MR. ZALIMOV: No, sir. I did the engineer first to sign the approval of my blueprint, but prefer a company to start the permits. CHAIRMAN KAUFMAN: Okay. MR. ZALIMOV: So it's at least few months. CHAIRMAN KAUFMAN: So do you think you can get everything done, get the permits, get the certificate of occupancy within six months? MR. ZALIMOV: For sure, sir. March 24, 2022 Page 131 CHAIRMAN KAUFMAN: I like "for sure." MS. CURLEY: First one we've heard all day. CHAIRMAN KAUFMAN: Anybody want to make a motion on this, fill in the blanks? MS. CURLEY: John does. CHAIRMAN KAUFMAN: I'll tell you what, I haven't made any motions today; I'll make one. 59.28 to be paid in 30 days, six months, or $200-a-day fine. Okay. That's my motion. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. ZALIMOV: Thank you, sir. MR. FUENTES: You're extremely generous. MR. D'ELIA: Thank you. CHAIRMAN KAUFMAN: Well, I know that. MR. FUENTES: Months for everybody. CHAIRMAN KAUFMAN: I only made one motion. That's all. It's not that I'm generous. MR. FUENTES: Everybody. Everybody's very generous today. March 24, 2022 Page 132 MS. BUCHILLON: Next case, No. 22, CEV20220001039, William B. Gaughan. CHAIRMAN KAUFMAN: Which case number is this? MS. BUCHILLON: Twenty-two, the last one of hearings. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MR. GAUGHAN: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, sir. MR. GAUGHAN: William Gaughan. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Okay. Good afternoon. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CEV20220001039 dealing with the violation of the Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a) -- I'm sorry -- an occupied RV on an improved Estates property, located at 3570 [sic] 7th Avenue Northwest, Naples, Florida, 34120. Folio 36714680007. Personal service was given on February 2nd, 2022. On January 29th, 2022, I received a complaint about an occupied RV trailer on an improved Estates-zoned property. After researching the property, I made the initial inspection and observed from a legal vantage point on 7th Avenue Northwest an RV trailer parked behind a detached garage. After leaving an orange tag due to no response at the front door, I received a call from the property owner, Mr. Gaughan. I explained the violation, and he seemed genuinely surprised that it was an issue. He granted me access to the area where the RV was parked and confirmed that it was occupied. I took a picture of the RV and the hookups in case of any environmental issues, of which none were found. March 24, 2022 Page 133 Subsequent reinspections confirmed that the RV and occupants were still on the property. Mr. Gaughan has embraced gaining compliance and has been working diligently to find a legal place to put or relocate the RV and the tenants, but in light of the fact that it's season, he has yet to secure a new home for them. As of yesterday's inspection, the violation remains. I would like to now present case evidence in the following exhibits: One picture taken January 31st, 2022; four pictures taken February 2nd, 2022; one picture taken March 17th, 2022; and one picture taken March 23rd, 2022, and all pictures were taken by myself. CHAIRMAN KAUFMAN: Okay. Have you seen the pictures? MR. GAUGHAN: Yeah. CHAIRMAN KAUFMAN: Any objection? Any objection to the pictures? MR. GAUGHAN: No. CHAIRMAN KAUFMAN: Okay. Make a motion from the Board to -- MR. FUENTES: Motion to accept the photos. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. And second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? March 24, 2022 Page 134 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MIGAL: My first picture from the street through the trees to confirm that there was an RV on the property. Picture of one of the hookups. Another hookup. CHAIRMAN KAUFMAN: The RV have wheels? MR. MIGAL: Yes, it does. It's a fifth wheel, isn't it? MR. GAUGHAN: Yeah. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Another hookup, the termination of that hookup. We must have missed a picture, because there should be one -- MR. LETOURNEAU: Yeah. I think I clicked a little too fast. MR. MIGAL: -- of the whole RV right next to the garage. There we go. There we go. CHAIRMAN KAUFMAN: A fifth wheel, okay. MR. FUENTES: Bigger than the house. MR. LETOURNEAU: That's all the pictures. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Could you leave that picture there for a minute. MR. LETOURNEAU: Yep. CHAIRMAN KAUFMAN: Sir, your turn to testify. MR. GAUGHAN: Yeah. I had no idea that there was any kind of a restriction. And I just purchased that -- you know, put it there for a friend of mine who's out here now. His son is autistic, and they were in trouble money-wise, so I bought it for them, and I put it there. And next thing I know, they tell me, you know, you cannot have people living in there, so... CHAIRMAN KAUFMAN: Okay. So you were unaware of the -- MR. GAUGHAN: Oh, absolutely. March 24, 2022 Page 135 CHAIRMAN KAUFMAN: Okay. So for us, we have to determine whether or not a violation exists. MS. CURLEY: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, what to do about it. Do you have suggestions for us? MR. MIGAL: I do. That the 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. Number 1 -- or by: Number 1, cease and desist the use of the recreational vehicle for living and sleeping purposes and disconnecting all associated utilities and remove such vehicle from the area intended for use -- for such use within X number of days of this hearing, or a fine of X amount will be imposed for each day the violation remains; and, Number 2, the respondent must notify the Code Enforcement Board investigator when violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent March 24, 2022 Page 136 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. Well, the problem, I guess, that you have is you have a friend who's living in the RV, and if they were to just get out of the RV, it wouldn't be in violation; am I correct? MR. FUENTES: Well, you also have the hookups as well. CHAIRMAN KAUFMAN: Okay. However, you are trying to find a place to put that RV. MR. GAUGHAN: They just can't get -- they just can't find one. He's out looking, and I'm out looking. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: What do you mean "looking"? Tell me -- MR. GAUGHAN: I went to an RV park, and they said that they're full and there won't be anything available until sometime in May. CHAIRMAN KAUFMAN: After the season. MR. GAUGHAN: Hum? CHAIRMAN KAUFMAN: After the season's ended. MR. GAUGHAN: Yes, absolutely. CHAIRMAN KAUFMAN: Okay. Things start emptying out in April or so. MR. GAUGHAN: Yeah. MS. CURLEY: So if the people -- if he ceases and desists the people living there and disconnects everything, he can store that RV there happily for the rest of his life without any violation of the county codes? CHAIRMAN KAUFMAN: Correct. March 24, 2022 Page 137 MR. MIGAL: This is true. MR. GAUGHAN: Works for me. MR. LETOURNEAU: As long as it has a valid tag on it. MS. CURLEY: Does it have a valid tag? CHAIRMAN KAUFMAN: Valid tag and wheels. That's the whole key on that. Because if it doesn't have wheels, it comes under a different -- MR. LETOURNEAU: It has to be operable and have a tag on it, but we're not here for that. So, I mean, so... MS. CURLEY: So it's an easy fix. The people have to move out. MR. MIGAL: Yeah. CHAIRMAN KAUFMAN: Well, it's easy except for the people that are living in it right now. MS. CURLEY: Well, right. But that's -- I mean, the minutiae outside of finding a place to move the RV, that's not -- I mean, the violation is that you have people living there, and that's not allowed. So however you -- MR. MIGAL: He had purchased it for them because they had no place to go and not knowing he was creating a violation. So he alleviated one issue and caused another. CHAIRMAN KAUFMAN: Yes. Okay. MR. BLANCO: And you said that the RV was -- RV place that you were looking at was going to have availability sometime in May? MR. GAUGHAN: Well, they said there won't be anything open until then. MR. BLANCO: Until then. CHAIRMAN KAUFMAN: Not just that one you're looking at, but all of them? MR. GAUGHAN: Yeah. MS. CURLEY: So you don't have a contract saying that you March 24, 2022 Page 138 don't -- MR. GAUGHAN: He's down there. He's been -- he's the guy that's living there with his wife and his autistic son, and he's been out looking all the time because -- hey, I was just trying to do somebody a favor, you know, and this is what I get. I'm here. CHAIRMAN KAUFMAN: Yeah. MR. BLANCO: I would like to fill in the numbers, Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, another thing is if he owns the RV and he moves it to an RV park, I mean, there's a whole lot of other things down the line that are going to get in your way, and I don't want to see you back here in 90 days, and then when we have fines accr uing on you, which is likely to happen. If you don't own the RV, you don't know if you can put it in the park and rent it. You'll be basically renting it to this person who's paying the rent. So it's a lot. You could sell him the RV and give him the money and then be gone, but there's a lot of things that need to be done that aren't part of this. CHAIRMAN KAUFMAN: But what's in front of us right now is to get rid of the violation. MS. CURLEY: Right. CHAIRMAN KAUFMAN: Danny has a suggestion. He's going to fill in the blanks. MR. LETOURNEAU: And, Danny, before you get going, you know, the county doesn't want to put anybody on the street at this point. So we're not going to be opposed to any, you know -- CHAIRMAN KAUFMAN: Extended period of time. MR. LETOURNEAU: You know, reasonable extended period of time. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: You have to be respectful of the neighbors March 24, 2022 Page 139 who don't want to be hearing somebody -- MR. LETOURNEAU: You do. I understand the balancing act of this but, you know, putting a family with an autistic child on the street is not something the county wants to do. MS. CURLEY: No. MR. BLANCO: We're never going to make everybody happy at the end of the day. CHAIRMAN KAUFMAN: Go ahead. MR. BLANCO: So I'll go ahead with my motion. I'll say 180 days and a fine of $50 a day. Obviously, my recommendation -- plus operational costs in the amount of 59 -- CHAIRMAN KAUFMAN: Twenty-eight. MR. BLANCO: Twenty-one. CHAIRMAN KAUFMAN: Twenty-eight. MR. BLANCO: Oh, .28 to be paid within 45 days. You know, if 180 days -- don't wait till the last minute. MR. GAUGHAN: Okay. MR. BLANCO: Obviously, we've got to wait for the Board to vote on the motion. MR. GAUGHAN: Sure. MR. BLANCO: Just come, update us on the situation if that's not going to be feasible, and then the Board will look at your case and that situation. MS. ELROD: I'll second your motion. MS. CURLEY: So I need some discussion on this. So where does the sewer go from that RV? Where -- how are you removing that? Are you having that pumped out? Owner of RV, how are you managing the sewer in that? MR. GAUGHAN: Having it pumped out. MS. CURLEY: Okay. MR. MIGAL: I can confirm that. March 24, 2022 Page 140 MR. RUBENSTEIN: I think 180 is way too much. I think -- MR. FUENTES: I agree. MS. CURLEY: I agree. MR. RUBENSTEIN: I think this could be resolved, say, 90 days max, and the numbers I'm fine with. MR. FUENTES: I completely agree with it, you know, being season and very difficult. But I think by the end of May there should be some availability out there, whether it's in Lee County or Collier. I think maybe somewhere, like, 90 days seems -- MS. CURLEY: Also, if you give him six months, then it's going to be back in season, and we're going to be, oh, it's season again. We can't find a place to go. CHAIRMAN KAUFMAN: Okay. Let me try this out. Do you want to take a friendly amendment from John to make it 90 days instead of 180? MR. BLANCO: I'll compromise. We meet somewhere in between. Let's go 120 days. CHAIRMAN KAUFMAN: Okay. Four months. MR. RUBENSTEIN: Yes. Question: Is your tenant here for season, or is he here for an annual? Sir? You. MR. INGRAM: I've lived there 18 years. MR. GAUGHAN: He's lived here 18 years. CHAIRMAN KAUFMAN: He can't testify until he's sworn in. MR. RUBENSTEIN: He's rented it for a year. MS. CURLEY: Sir, we can't ask the audience to answer a question. MR. RUBENSTEIN: How long has your tenant signed up for on the travel trailer? CHAIRMAN KAUFMAN: Time out. MR. RUBENSTEIN: How long? CHAIRMAN KAUFMAN: Terri, could you sign this March 24, 2022 Page 141 gentleman in, please. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. INGRAHAM: I do. THE COURT REPORTER: Your name? MR. INGRAM: Keith Ingram. CHAIRMAN KAUFMAN: Okay. MR. INGRAM: Thank you, board members. I've been living there since -- I believe he received the violation anonymously maybe a week after we got there. So whatever that time frame is, that's how long we've been there. We've been residents, and we own businesses here in Collier County. Sammy was just -- that's his nickname -- was kind enough to buy this travel trailer for us. It's certainly not where we want to live for any extended period of time. Ninety days would be a wonderful gift from you guys. I don't know if that was the original question. MR. RUBENSTEIN: Well, part of -- did you sign up for -- MR. INGRAM: I haven't signed anything. He just -- MR. RUBENSTEIN: So you're month to month? MR. INGRAM: No. I mean, I really don't give him anything. He -- I help with whatever electricity and food in the home and things of that nature. So that's where we're at with that. MR. RUBENSTEIN: I agree. I think 90 days, and the numbers are fine. CHAIRMAN KAUFMAN: Do you think 120 days? MR. RUBENSTEIN: No, I think 90 days is more than enough. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So let's vote on Danny's motion. MR. FUENTES: All right. So I'd like to make a motion. CHAIRMAN KAUFMAN: Whoa. We have a motion on the March 24, 2022 Page 142 floor for 120 days. MS. ELROD: And a second. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: And a second. MS. CURLEY: So those that don't like that don't vote. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. One, two, three four. MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. Four ayes. MR. FUENTES: (Raises hand.) MS. CURLEY: (Raises hand.) CHAIRMAN KAUFMAN: And one, two, three nays. It passes. Okay. It passes. So you're good for 90 days -- I mean 120, excuse me, and hopefully you'll be able to move the RV into a park when the snowbirds go home. I think you were going after -- MR. GAUGHAN: Thank you. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: I just want to make a correction on the record for the ops costs is 59.21, not 59.28. CHAIRMAN KAUFMAN: Okay, oh. Okay. It's another seven cents, I mean, geez. I think you were looking to see if this gentleman was a snowbird or not; that was your question, Lee. Okay. MS. CURLEY: Yeah, he forgot about that. CHAIRMAN KAUFMAN: Okay. We're done. MR. GAUGHAN: Thanks a lot. March 24, 2022 Page 143 MS. BUCHILLON: Next case on the agenda, No. 4, CEPM20210011514, Robert A. Young Estate. And I want to go on the record, respondent was notified regular and certified mail March 7, 2022, and it was posted at the property and courthouse March 8th, 2022. CHAIRMAN KAUFMAN: That's 4? I thought we heard 4, but I guess not? MS. CURLEY: What number again, Helen? MS. BUCHILLON: Number 4 under hearings. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MR. MIGAL: Okay. Good afternoon. For the record, Investigator Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CEPM20210011514 dealing with violation of Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22 to 242, an unoccupied house that is opened and unsecured located at 377 20th Avenue Northwest, Naples, Florida, 34120; Folio 37594920009. Service was given on December 13th, 2021. A complaint was made to the Code Enforcement -- to Code Enforcement of a vacant, unoccupied and unsecured house. Upon my initial inspection, I observed that the double red main entry doors were wide open to the house. In speaking with the next-door neighbor, she informed me that the property owner had passed away about two years ago, and that by her observation the house was not being maintained by anyone even though two different property management companies had posted on the property. March 24, 2022 Page 144 She fears it will attract squatters -- she feared that it would attract squatters and/or looters as the house still contains all of the deceased owner's possessions. After multiple unsuccessful attempts to find a living relative and/or contact anyone at either property management company, the case was prepared for today's hearing. As of yesterday's inspection issuance, the property remains unsecured. I would like to now present case evidence in the following exhibits: Four pictures taken on January 28th, 2022; one picture taken on February 23rd, 2022; and two pictures taken on March 23rd, 2022, all pictures taken by myself. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MIGAL: And you see the red doors are open. MR. BLANCO: Is this Estates-zoned property? MR. MIGAL: It is. It shows that there are still things left in the house. March 24, 2022 Page 145 Here are the notices. This one's for Guardian. Actually, I don't have a picture of the other one, and I think it was Century or somebody, which was on another door around the c orner. But multiple attempts to call these people. And I left voicemails. That's all you can ever get is a voicemail. Nobody ever -- MS. CURLEY: Are those lender notices? Lender notices? Mortgage notices? MR. MIGAL: There was none; it was paid off. MS. CURLEY: No, but -- what was that notice? I saw that it had the HUD logo on it, so I wondered -- MR. MIGAL: Yeah. The first company had something to do with HUD. Not this one, the -- I thought it was the first -- the other -- I don't know if I have it in here as to what the names of the companies were. I have it in my case notes, but I don't have that in front of me. CHAIRMAN KAUFMAN: Has the Sheriff been notified? MR. MIGAL: The next-door neighbor called the Sheriff, and the Sheriff basically told her it's a Code Enforcement Board case, and he wouldn't do anything about it. CHAIRMAN KAUFMAN: Because these houses sometimes turn into drug houses. MR. MIGAL: That's what she's afraid of. MS. CURLEY: Can't you shut the doors? MR. MIGAL: Well, it's a double door, so basically one of them's supposed to pin up and down, and the other one closes into it. And somebody or something broke the door that's supposed to remain stationary, and it no longer does it. Now, there -- I did see when I was there yesterday, again, probably the neighbors closed the doors, and if you do it gently and walk away carefully, they'll stay that way, whether a big wind -- and I was also told by the neighbor, which I did not confirm myself March 24, 2022 Page 146 because it wasn't a legal vantage point, that one of the sliding doors in the back of the house was completely off its track. So it's quite possible that a wind that pressurizes the house could just push those doors wide open. CHAIRMAN KAUFMAN: Okay. Why don't we finish with the pictures. MS. CURLEY: Can you zoom up on the top of that one right now. It says Case No. I just want to see if that's a Collier County case number. Because they could have pump -- like, they could have leased pumps or, you know, like, wells and things like that, so there is -- that's an asset management. So that's definitely somebody looking for money. That's not a property management company. That's an asset manager looking for something that's been -- MR. MIGAL: Well, it says right there the property may not be entered until it's listed for sale. And from what I understood, they were trying to -- CHAIRMAN KAUFMAN: You can't get the person who passed away to sign an agreement to sell the house. That's the problem. MR. LETOURNEAU: We're just looking for you guys to find a violation and to be able to secure it a little bit better. That's where we're at right now. CHAIRMAN KAUFMAN: It will be a boarding issue. Go ahead. Pictures. MR. MIGAL: Okay. CHAIRMAN KAUFMAN: Any more pictures, Jeff? MR. LETOURNEAU: That's it. CHAIRMAN KAUFMAN: That's it. Okay, fine. MS. CURLEY: Make a motion a violation exists. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and second a March 24, 2022 Page 147 violation exists. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a suggestion for us? MR. MIGAL: I do. That the Collier County -- excuse me. That the 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, obtain all required Collier County building permits and/or demolition permit, inspection, and certificate of completion and occupancy for repair or replacement of the door within 30 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Number 2, alternatively, if a boarding certificate is obtained and the structure is boarded within seven days of this hearing, then the time required to complete the replacement and repairs, obtaining the required permits, inspections, and certificate of completion/occupancy will be extended and must be completed within X number of days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated; Number 3, 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 March 24, 2022 Page 148 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. Whoever makes a motion on this, keep the time frame to a bare minimum. Then nobody's going to do anything, anyhow, so it's going to wind up being a boarded case by the county. So the dollar amount and the days, anybody want to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: I'll be glad to do it. Days, seven days, and the amount of money, $200 a day. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. MS. CURLEY: Wait, what about Line Item No. 2? MR. LETOURNEAU: Do you want to just keep it consistent with both? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) March 24, 2022 Page 149 CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MR. MIGAL: Thank you. CHAIRMAN KAUFMAN: Okay, Rickey. You're a busy boy today, I'll tell you. Okay. Helen, I've got to get him out of here by 1:30. MS. BUCHILLON: Next case. Number 8, CESD20210011051, Polly Avenue, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COLLIER: Yes. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. Okay, Adam. MR. COLLIER: For the record, Adam Collier, Collier County Code Enforcement. In reference to Case No. CESD20210011051 dealing with violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), unfinished construction with expired building permits located at 5915 Onyx Circle, 34112; Folio number is 418680009. Service was given on December 30th of 2021. On October 25th of 2021, I witnessed unfinished construction with expired building permits. Service was given on December 30th, 2021. Also, I contacted the registered agent and explained the violation regarding the expired permits. And as she requested, we emailed her the notice of violation, and one was sent both regular and certified mail. The violation had a compliance date of January 24th, 2022, and as of March 23rd, 2022, the violation remained. I'd now like to present case evidence in the following exhibits: One photo taken by myself on December 30th. March 24, 2022 Page 150 CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos? MS. ELROD: Motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Looks like an unfinished house. MR. COLLIER: And I got three photos taken by myself yesterday. CHAIRMAN KAUFMAN: You have no problem getting ahold of the owner of the property? MR. COLLIER: I have not been able to make contact with the owner of the property. MS. CURLEY: Is this -- am I looking at the wrong one? Is this -- Polly Avenue, LLC. So it says this is a condominium villa. Okay. It looks like a house. CHAIRMAN KAUFMAN: It is. MS. CURLEY: So is there more of these houses that are under construction? MR. COLLIER: Yeah. MS. CURLEY: Actively but with permits? March 24, 2022 Page 151 MR. COLLIER: No, all the permits expired. MS. CURLEY: For all the houses? MR. BLANCO: Where is this at? MR. COLLIER: It's right off Radio Road and Santa Barbara. Or no, excuse me -- yeah, just past there. MR. BLANCO: That intersection there right -- oh, I've seen those. MR. COLLIER: Yeah. You'd take a right there, and it's on the left-hand side. CHAIRMAN KAUFMAN: Who's shown as the owner of the property? MR. COLLIER: Polly Avenue, LLC. CHAIRMAN KAUFMAN: And are they the people who pulled the building permits? MR. COLLIER: No. The building permits, I believe, were originally pulled by a construction company, and since then the construction company has taken theirself off the permits. CHAIRMAN KAUFMAN: They didn't get paid, okay. MR. COLLIER: From my understanding. MS. CURLEY: So did you speak to this Josefina Gattei? MR. COLLIER: I did. MS. CURLEY: Did she know anything? MR. COLLIER: She did not. MS. CURLEY: Is she the registered agent, or is she just -- MR. COLLIER: She's the registered agent but she -- she had no answers. She tries to keep contact with the owner. Apparently, they live in Argentina. CHAIRMAN KAUFMAN: Well, generally, based on the size of the fine, if you will, should make getting in touch with these people more likely. I mean, that's a lot of money that they put into something that's just sitting there. Okay. March 24, 2022 Page 152 MS. CURLEY: I still don't see how it can be a condo -- condominium complex. Onyx Townhome Villas. CHAIRMAN KAUFMAN: Well, they didn't finish. MR. WHITE: They could be land condos. MS. CURLEY: When you say "all the land condos," all the condos in this complex are all undone? MR. COLLIER: There's two buildings, that one and then the one that you see now and another building, and they're not finished. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: So there's no respondent here. Does anybody want to make a motion that a violation exists? MR. FUENTES: Make a motion a violation exists. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Adam? MR. COLLIER: Yes. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.35 incurred in the prosecution of this case withi n 30 days and abate all violations by: March 24, 2022 Page 153 One, obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion or occupancy for the expired permits within X days or this -- days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated; and, Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement -- 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 cost of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Anyone want to fill in the blanks? I wouldn't give them a lot of time on this because you're just wasting time. MR. FUENTES: Oh, he's already made contact with the agent. CHAIRMAN KAUFMAN: The problem is the contact has been limited. They need to know -- we used to deal with this with banks where they wouldn't bother with anything until they see -- had seen this huge fine. MS. CURLEY: Well, I mean, the registered agent's address is the same as the LLC, so she knows more than she's saying. So she's just not telling you anything. So I'll fill in the blanks. MR. FUENTES: Yeah. She's the registered agent. MS. CURLEY: I'll say 20 days, $500 a day. MR. FUENTES: Five fifty. MS. CURLEY: Five fifty. Because then we can foreclose on them. CHAIRMAN KAUFMAN: I would give them 30 days, if you want a friendly -- March 24, 2022 Page 154 MS. CURLEY: They're not here, and they're not here. MR. FUENTES: I like 20. Like I said, he already communicated and served the agent. It's her duty to follow up. CHAIRMAN KAUFMAN: Okay. Twenty days is -- MS. CURLEY: Plus, they've lost a contractor for a reason. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. COLLIER: Thank you. CHAIRMAN KAUFMAN: Good luck, Adam. MS. BUCHILLON: Next case, No. 10, CESD20210002916, Carlisle/Wilson Plaza, LLC. Respondents were notified regular and certified mail March 7, 2022, and it was also serviced at the property and the courthouse 3/4/22. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. March 24, 2022 Page 155 CHAIRMAN KAUFMAN: Okay. Chris. MR. AMBACH: Thank you. For the record, Chris Ambach, Collier County Code Enforcement. This is in reference to Case No. CESD20210007671 dealing with the violation of Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2), and Section 10.02.06(B)(1)(a), (B)(1)(e), and 10.02.06(B)(1)(e)(i). Removed required landscape islands and canopy trees from the parking lot without obtaining Collier County permits for an approved insubstantial change to the original site plan. Am I on the right -- am I on -- I think I'm on the wrong case. Sorry. I've got two involved cases on this property. Sorry about that, folks. MS. CURLEY: Carlisle/Wilson Plaza. MR. AMBACH: Yeah. This is -- last four, 2916. Sorry about that, folks. My fault. Can I start all over again? MR. BLANCO: Chris, before you continue. Mr. Chairman, I would like to recuse myself from this case. CHAIRMAN KAUFMAN: Okay. You have to fill out a piece of paper for -- MR. WHITE: Would you mind putting on the record what the basis for that is? MR. BLANCO: I know the owner of the LLC personally. MR. WHITE: Are you doing any business for him? MR. BLANCO: Not relating to this, but different business, yes. MR. WHITE: So would you financially benefit based on the outcome of this case? MR. BLANCO: Not directly, no. MR. WHITE: Then you may have the appearance of a conflict of interest, but you do not have a direct conf lict. MR. BLANCO: So I can vote if I wanted? March 24, 2022 Page 156 MR. WHITE: Yes. That is the standard. It has to either inure to your private gain or loss based upon how you would handle the case, the outcome of the case. MR. BLANCO: Well, I would feel more comfortable if I recused myself. I don't think I would be fair in my judgment voting on the case. CHAIRMAN KAUFMAN: Your call. MR. BLANCO: Yeah. I'll recuse myself. MR. WHITE: When we fill out the form 8B, which I will email to you -- MR. BLANCO: Okay. MR. WHITE: -- that's the way it will state. MR. BLANCO: Okay. MR. WHITE: Okay. And you are allowed to participate in the discussion. You just have to abstain from the voting. MR. BLANCO: Okay. MR. WHITE: Okay. It will be recorded as an abstention. CHAIRMAN KAUFMAN: Okay, Chris. MR. AMBACH: All set? CHAIRMAN KAUFMAN: Yep. Okay. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. This is in reference to Case No. CESD20210002916 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), (B)(1)(e), and (B)(1)(e)(i), changes made to the original site plan, interior alterations including, but not limited to, installed a three -bay sink, modified plumbing, added grease trap, installed coolers along the front wall blocking an exit door, added coolers along left side of store blocking all windows, and multiple areas of product stacked up and stored throughout the store. On the exterior, added two ice machines, two propane cages, March 24, 2022 Page 157 two filtered water dispensers. Violation location: 70 Golden Gate Boulevard East, Unit 1 and 2 Naples, Florida. Folio No. 37221120305. Service was given on June 17th, 2021. Staff received a complaint from the Health Department for possible unpermitted alterations to the grocery store. Investigator Michele McGonagle researched and found no permits for the previous store. Investigator McGonagle made a site visit and observed large coolers along the front wall of the store blocking the windows and one set of exit doors and large coolers along the left wall of the store blocking the windows. None of these coolers are depicted on the approved plans. The cash registers are in the front left corner of the store; however, the plans show them along the front wall between the exit doors. The coolers along the right wall and the walk-in cooler in the back left corner are on the plans. The original site plan depicted one small wash sink in the rear area of the store, and the investigator observed the small wash sinks, a three-bay sink with plumbing from both sinks going into a floor drain and no visible grease traps. A determination request was prepared for the building official, Jonathan Walsh, who determined a violation exists. Investigator McGonagle contacted the property owner, Greg Carlisle, and notified him of the violation for the unpermitted alterations to the store. A notice of violation was prepared and posted on June 17th, 2021, with a compliance date of July 19th, 2021. A permit was applied for on September 13th, 2021, but was later abandoned, and then a second permit was applied for on December 2nd, 2021, and is currently in rejected status. As of March 24th, 2022, the violation remains. And there's March 24, 2022 Page 158 been no further contact with the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion that a violation exists? MR. LETOURNEAU: Have we got some pictures first, if you -- CHAIRMAN KAUFMAN: We've got pictures? MR. AMBACH: Yes, can I -- MS. CURLEY: Is the store open? CHAIRMAN KAUFMAN: Okay. MR. AMBACH: Can I present case evidence? CHAIRMAN KAUFMAN: Yes, you can. Make a motion for the Board to accept the photos. MS. ELROD: Motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: (Abstains.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: What have you got here, Chris? How many you got, just for the record? MR. AMBACH: Looks like there's a total of 13 pictures, a building determination, the plans, the original plans. MR. LETOURNEAU: All taken by Investigator McGonagle. MR. AMBACH: They were all taken by Investigator March 24, 2022 Page 159 McGonagle that I have authorization to access that. MR. LETOURNEAU: Okay. Here we go. What do you want to start with; the pictures, the plans? MR. AMBACH: The determination, you have that. That's from the building official. It's probably important that we read what Mr. Walsh has written down there. All unpermitted additions, changes need to be permitted. There are several life -safety concerns, and fire district has been contacted by this office at this point. These elements need to be addressed ASAP or business closed until done. Permits required for changes. CHAIRMAN KAUFMAN: Is the business still open? MR. AMBACH: It is. MR. LETOURNEAU: What are we looking at here? MR. AMBACH: The whole interior of the store's been completely modified. Everything, every aspect of it. All those coolers are all added. That rear sink has been added. That wasn't there. Those have been added, the cages in the front. MS. CURLEY: All that signage on the glass, is that also in this? MR. AMBACH: No, that's not part of the complaint. MR. LETOURNEAU: I think that's it for the pictures. MR. RUBENSTEIN: Any idea when all these changes were made? MR. AMBACH: No, sir. MS. CURLEY: Is there food preparation happening there? MR. AMBACH: Yes. CHAIRMAN KAUFMAN: Well, according to Jonathan Walsh, the place should be shut down. MS. CURLEY: That was July of 2021. CHAIRMAN KAUFMAN: Well, I rest your case. MS. CURLEY: His notes said July 2021 on that handwritten March 24, 2022 Page 160 note, on Mr. Walsh's note. CHAIRMAN KAUFMAN: Okay. It's a fire hazard; is that what he said? MR. AYASUN: That's what he's saying, yes, sir. MS. CURLEY: And there's no grease trap for the prepared food, which is going down into the Estates -- CHAIRMAN KAUFMAN: That's Health Department. Anybody want to make a motion that a violation exists? MR. FUENTES: Make a motion that a violation does exist. MR. AYASUN: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: (Abstains.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Somebody want to -- Chris, you'll give us the -- your motion -- your suggestion? MR. AMBACH: Sure. Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion and/or occupancy for the alterations to Units 1 and 2 or return the units to the most recent permitted state within blank days of this hearing, or a fine of blanks dollars per day will be imposed until the violation is abated; and, March 24, 2022 Page 161 Number 2, the respondent must notify 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. FUENTES: Yeah. I've just got a quick question for Jeff. When it comes to the building official saying that it's a fire hazard, and he recommends a stop work order basically is being put in place through his recommendation, what can we do? I mean, it kind of feels like at this point we need to say, well, the business needs to be -- the business needs to be stopped at this point, which is going to affect their revenue. It is what it is. But they've been notified for some time. Permits have failed. Some have expired. MR. LETOURNEAU: Well, I was just discussing this with Mr. White, and I believe that the Board could order cease occupancy of the unit -- I think you do have that authority -- within a certain amount of days. CHAIRMAN KAUFMAN: Can you add -- MR. FUENTES: I take Jonathan Walsh's recommendation seriously because I don't think he normally puts that in writing, at least during my time. MR. LETOURNEAU: Right. No, that's probably the first time I've actually seen that stern of a determination. MR. FUENTES: Same here. So with all of the illegal conversions we've ever done, that's a first for me. MS. CURLEY: Just imagine all the electricity that they need to March 24, 2022 Page 162 run all those commercial coolers and -- MR. FUENTES: Yeah. CHAIRMAN KAUFMAN: Let me make a suggestion. We took what Chris has offered and add to it your language as far as closing them down right now within a given period of time; 30 days, seven days. MR. RUBENSTEIN: No. MR. FUENTES: More like hours. MR. RUBENSTEIN: Yeah. Mr. Chairman? CHAIRMAN KAUFMAN: Whatever you determine. MR. FUENTES: That's what I think -- CHAIRMAN KAUFMAN: So you'd like to add another part of Chris' order? MR. FUENTES: I'd like to add that they need to stop operating within 24 hours. MS. CURLEY: Or require them to have all permits within 24 hours. MR. FUENTES: They're not going to. But they need to stop operating at least to prevent the fire hazard. MR. AMBACH: So they have -- the permit review right now -- I stopped counting after 11 pages of corrections that they need to make. Several of those are with regard to fire, so... MS. CURLEY: So just real quick, has this changed owner -- like, the store. Somebody else owns the building, right? MR. AMBACH: Yes, there's a tenant in there, in the grocery store. MS. CURLEY: Okay. MR. AMBACH: But Carlisle/Wilson Plaza, LLC, is the ultimate owner of the property. MS. CURLEY: I see that. So time to get them -- MR. FUENTES: What are the operational costs, Chris? March 24, 2022 Page 163 MR. AMBACH: I'm sorry. I missed that. $59.28. CHAIRMAN KAUFMAN: Have you been in contact with them? MR. AMBACH: Michele has been in contact with Mr. Carlisle, and that conversation has not gone well. It ended in a hangup. CHAIRMAN KAUFMAN: Well, this will change that. MR. FUENTES: He has something to say. MR. RUBENSTEIN: Yeah. I think you're on the right track on the motion. I don't think hours. I think, from looking at the pictures, all that equipment is all on wheels. It's all plugged in. It could be unplugged and rolled out and removed. The propane cages are on wheels. So I would modify yours. I would give him 96 hours to remove all the violations, all the equipment that's causing the violations and the safety hazard. MR. FUENTES: I personally like 24 hours. I think -- MS. CURLEY: Let him make the motion. MR. LETOURNEAU: Can I just make a suggestion. You could word it by saying turn off the electricity, cease the occupancy and the use within 24 hours -- MS. CURLEY: Perfect. MR. LETOURNEAU: -- of this particular unit. MR. RUBENSTEIN: The entire building. MR. LETOURNEAU: Well, the unit, not the whole building. MR. AMBACH: That's Unit 1 and 2. MR. LETOURNEAU: Yeah. So whatever units we're talking about here, turning the electricity off, cease the use, cease the occupancy. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So you can add that to your suggestion, and that's the motion that we're going to be looking at. March 24, 2022 Page 164 Is that your motion going forward, John? MR. FUENTES: It is, yeah. I'd like to make -- MR. LETOURNEAU: You need a monetary -- we can make that Part 1, and then slide 1 down to 2 and 2 down to 3, but you need a monetary on that particular one and also you need to put days and monetary on the permit issue. CHAIRMAN KAUFMAN: Well, the days is 24 hours. MR. LETOURNEAU: For the whole shebang? MR. FUENTES: I'd like to make a motion of cease occupancy, turn off the power, and cease the use within 24 hours. CHAIRMAN KAUFMAN: Okay. That's Part A, okay. MR. LETOURNEAU: Or a fine of? MR. FUENTES: Or a fine of $600 per day. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'll second that. MR. LETOURNEAU: Well, hold on. MS. CURLEY: Wait. That's only Section 1. So then the next section would be the permitting section. MR. FUENTES: For the permitting, due to it being permitting, I'd like to make the motion that we provide them 90 days to complete their permits. If not, a fine of $600 would still be applied, and they still need to pay their operational costs. CHAIRMAN KAUFMAN: Of 59 -- MR. FUENTES: Of 59.21. CHAIRMAN KAUFMAN: Twenty-eight. MR. FUENTES: Twenty-eight. CHAIRMAN KAUFMAN: I think. MR. LETOURNEAU: Yeah, it's 28 this time. Extra piece of paper. CHAIRMAN KAUFMAN: Right. Okay. Well, we have a motion in front of us. All those in favor? March 24, 2022 Page 165 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: (Abstains.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Somehow I think you're going to get his attention, and I don't think anybody's going to hang up on anybody. MS. CURLEY: So we sail in the parking lot. MR. WHITE: Mr. Blanco, when you said earlier "the owner," were you referring to Mr. Carlisle or Mr. Ruperio (phonetic)? MR. BLANCO: Carlisle. MR. WHITE: Thank you. MR. BLANCO: LLC, yes. MR. LETOURNEAU: So, Chris, you're going to probably need to contact Mr. Carlisle once again and inform him that, you know, the 24-hour period at least because the order's, obviously, not going to be out in, you know, time for that. MR. AMBACH: I will do so. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do we have the Sheriff language in that second -- third paragraph? MR. WHITE: Always. MS. CURLEY: Always, okay. CHAIRMAN KAUFMAN: Okay. Helen, what's up? MS. BUCHILLON: Number 11, CESD20210007671, March 24, 2022 Page 166 Carlisle/Wilson Plaza. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothin g but the truth? MR. AMBACH: I do. MR. BLANCO: And I'm still recused from this case as well. CHAIRMAN KAUFMAN: Okay. MR. WHITE: You're abstaining from the vote. MR. RUBENSTEIN: What happened to No. 9? CHAIRMAN KAUFMAN: Nine was withdrawn. Lee, 9 was withdrawn. MR. RUBENSTEIN: Got it. CHAIRMAN KAUFMAN: Okay. Okay, Chris. Let the record show the respondent is not present. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. This is in reference to Case No. CESD202100029 -- sorry, folks -- 7671 -- bear with me for a moment -- dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2) and Section 10.02.06(B)(1)(a), (B)(1)(e), and (B)(1)(e)(i). Removed required landscape islands and canopy trees from the parking lot without obtaining Collier County permits for an approved insubstantial change to the Site Development Plan. Violation location. 70 Golden Gate Boulevard East, Naples, Florida. Folio No. 37221120305. Service was given on September 1st, 2021. Investigator McGonagle made a site visit and observed areas where new blacktop was installed in the parking lot. Investigator McGonagle researched and found a paving site plan and photos from previous code cases of four areas in question before they were paved. March 24, 2022 Page 167 Investigator McGonagle has highlighted the paving site plan in Property Appraiser aerial showing four areas that have been paved. You'll see those in a few minutes. A zoning determination request was submitted, and Principal Planner Mark Templeton with Development Review determined a violation exists stating all rows of parking are required to be bordered by terminal landscape islands with trees as shown on the approved landscape plan. Changes to the parking area would need a Site Development Plan insubstantial change, but this would not have been approved since the code-required islands are now nonexistent. A notice of violation was prepared and served on September 1st, 2021, with compliance due September 30th, 2021. An email was sent to the property owner representative requesting their plans to abate the violation. As of March 24th, the violation remains, and there has been no further contact from the property owner. I would now like to present case evidence in the following exhibits: Planning and Zoning determination; 2021 aerial; the landscape plan; the paving site plan; two photographs taken by Investigator McGonagle on June 21st, 2021; one picture taken by Investigator McGonagle on July 8th, 2021 -- bear with me here -- one picture taken by Investigator McGonagle on July 26th, 2021; and four pictures taken by Michele McGonagle on August 9th, 2021, all obtained from a database I have accessed -- I have authorization to access. CHAIRMAN KAUFMAN: Okay. Do we have a motion from the Board to accept the photos? MS. ELROD: Motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Motion and second. All these in favor? March 24, 2022 Page 168 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: (Abstains.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. AMBACH: I'm going to start with the determination, and then we'll go to the aerial, then we're going to the pictures. MR. LETOURNEAU: Pretty much what Chris laid out in his testimony. No, this isn't -- this is not right here. That was just -- that's an email. MR. AMBACH: Yeah. It might be the other way around. Sorry. Go to the next one down. No. They're both -- MR. LETOURNEAU: Nope. The determination's not in there. MR. AMBACH: It might be on the bottom of that, Jeff. MR. LETOURNEAU: I'll look. MR. AMBACH: So what you're looking at now, 1, 2, 3, 4 are where the original islands were, greenscape, trees, grass, et cetera. CHAIRMAN KAUFMAN: They were removed to get additional parking spots? MR. AMBACH: Yeah, they were paved over completely just to add several extra spots. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'll go to the landscape plan, hopefully. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: Again, the same areas marked in yellow show March 24, 2022 Page 169 the trees, et cetera, on those islands. MR. LETOURNEAU: This is the paving site plan. MR. AMBACH: Yeah. Again, you can see the islands outlined 1, 2, 3, 4. Now, this was before the paving was done, just to give you an idea what it looked like out there. MR. LETOURNEAU: What are we looking at there? MR. AMBACH: That's one of the islands, Jeff. MR. LETOURNEAU: Right here? MR. AMBACH: Yep. CHAIRMAN KAUFMAN: Where the dirt is? MR. AMBACH: Where the dirt is and where grass used to be. So it didn't look great when it was in a permitted state anyway, but that gives you an idea of what it's supposed to look like legally on that property under that plan. Now you can see where they paved over it completely. Okay. Just to the left of that one bumper stop. MS. CURLEY: That's before? MR. AMBACH: This is before again, another before showing the second area. There it is paved over. That, I believe, is No. 3 or No. 4. And now it's paved over, and that's the -- I think that might be it. MR. FUENTES: Was this just to add an additional parking space? I mean, it looked quite pleasant before. MR. AMBACH: Yeah, it's to add additional parking. MR. LETOURNEAU: Okay. I think that's it on the pictures. I believe somebody magically put the determination in while we were talking here. MR. AMBACH: Thank you for the magic. MS. CURLEY: I can't see it. MR. LETOURNEAU: Okay. Let me get it this way, and we'll try to... Do you see what Chris said, they needed a Site Development March 24, 2022 Page 170 Plan to do these types of change. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion a violation exists? MS. CURLEY: Well, I'm trending. I'll do that. Make a motion a violation exists. CHAIRMAN KAUFMAN: Get a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: (Abstains.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us on this one, Chris? MR. AMBACH: I do, 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: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion and/or occupancy to replace all required terminal landscape islands with trees and/or vegetation bordering all rows of parking as noted on the approved landscape plan or obtain an approved insubstantial change to the Site Development Plan within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. March 24, 2022 Page 171 Jeff, if you could just push that down for me. Thank you. 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 -- 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? MS. CURLEY: Well, I dislike it when they cut down trees. CHAIRMAN KAUFMAN: Is that a yes or a no? MS. CURLEY: I will fill in the blanks. CHAIRMAN KAUFMAN: Okay. Let me help you out, 59.28 -- MS. CURLEY: Okay, 28, because I had 42. 59.28 payable within 30 days, and site plan -- let's be fair. Do you want to follow the other one, 90 days; you gave him 90? CHAIRMAN KAUFMAN: Sure. MR. FUENTES: Yeah. MS. CURLEY: And $1,000 a day. MR. FUENTES: You're making me look really soft right now with the last case. MS. CURLEY: I know it. CHAIRMAN KAUFMAN: These add up. MS. CURLEY: Shouldn't have cut them down. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: That's the highest we can go. CHAIRMAN KAUFMAN: Actually, there are ways to get to 2,000, but I won't -- March 24, 2022 Page 172 MS. CURLEY: We're good with that. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: (Abstains.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One opposed. MS. ELROD: Aye. Two. CHAIRMAN KAUFMAN: Okay. It passes. Thank you, Chris. MR. WHITE: 5, 0, 1. Five in favor, one opposed, one abstained. CHAIRMAN KAUFMAN: One abstained. MS. ELROD: Two. MR. WHITE: Two opposed; four, two, and one. Thank you, Mr. Chairman. How we doing, Helen? MS. BUCHILLON: We're good. We just have a couple more cases. Under imposition of fines now. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 3, CESD20190013107, James Wuschke. Respondent was -- I mean, notified regular and certified mail March 7, 2022, and it was also posted at the property and March 24, 2022 Page 173 courthouse March 8th, 2022. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. CATHEY: Yeah. I just want to preface this one as well. For the record, Investigator Ryan Cathey. This is one of the cases we had last month that respondent was here, didn't get a chance to be heard, and unfortunately he's not able to be here today, so... Past orders: September 24th, 2020, Code Enforcement Board issued finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinance. Ordered to correct the violations. See attached order of the Board, OR5846, Page 2482, for more information. Violation has been abated as of February 22nd, 2022. Fines have accrued a rate of $250 per day for the period from October 25th, 2020, to February 22nd, 2022, 486 days. Total fine amount of $121,500. Previous assessed operational costs: $59.28 have been paid. Operational costs for today's hearing: $59.28. Total amount: $121,559.28. CHAIRMAN KAUFMAN: I know they're not here, but do you have some sense of why it took so long to get this done? MR. CATHEY: Based on my conversation with him, with the tenant that had done the unpermitted interior work, there was quite a bit that he had to do to bring it back into compliance. He ran into some issues with the permit. Obviously, he finally completed all inspections and got everything back to the way it needs to be. MS. CURLEY: I'll make a motion to deny the county's March 24, 2022 Page 174 imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Thank you. MS. BUCHILLON: Next case, No. 5, CENA20200013489, Wilson Touchet and Dawn Hebert. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. CHAIRMAN KAUFMAN: Hi, Cristine. MS. PEREZ: Hello. Good afternoon. For the record, Cristina Perez, Collier County Code Enforcement. This case was also one that was present at the last hearing, and they were unable to make it today. This is in reference to violations, Collier County Land Development Code 04-41, as amended, Section 2.02.03, located on a vacant parcel with Folio No. 37165120005. Description was observed accumulation of litter on Estates-zoned unimproved parcel to include, but not limited to, large March 24, 2022 Page 175 piles of vegetative debris, landscaping material, and commercial vehicles and trailer. Past orders: On February 25th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5920, Page 3881, for more information. On August 27, 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 January 14, 2022 [sic]. Fines have accrued at a rate of $100 a day for the period from June 26th, 2021, to January 14, 2022, 203 days, for a total fine amount of $20,300. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.63. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MS. CURLEY: I mean, they wrote a very nice letter. CHAIRMAN KAUFMAN: There's a nice letter. It took them more time than they wanted, but they got it done. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. March 24, 2022 Page 176 MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. MR. LETOURNEAU: Before we go forward, the county would like to withdraw Case No. 11 due to the fact that you guys gave the person an extension or a continuance in the beginning of the hearing, and amend the agenda to show that. CHAIRMAN KAUFMAN: Okay. Make a -- someone make a motion to amend the agenda for Case 11. MS. ELROD: I'll make a motion to amend the Agenda Case 11. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: (Absent.) CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Okay. Which are we on now, Cristine? MS. PEREZ: We're going Burgos? MS. BUCHILLON: Next case is No. 6, CESD20190009077, Dean G. Chionis and Sherry L. Chionis. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing March 24, 2022 Page 177 but the truth? MR. CATHEY: I do. For the record, Investigator Ryan Cathey. This case also was another one we had last month where they were not heard. Past orders: August 28, 2020, Code Enforcement Board issued finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR5817, Page 3121, for more information. Violation has been abated as of December 15, 2021. Fines have accrued at a rate of $100 per day for the period November 27th, 2020, to December 15th, 2021, 384 days. Total fine amount: $38,400. Previous assessed operational costs of 59.28 have been paid. Operational costs for today: 59.42. Total amount is $38,459.42. CHAIRMAN KAUFMAN: Do you have any idea why this took so long? MR. CATHEY: It was another permitting case. It was a lanai enclosure. The typical stuff, running into some issues with corrections and -- but they got their permit all set, and... CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MS. ELROD: I'll deny the county imposition of fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. March 24, 2022 Page 178 CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. MR. CATHEY: Thank you. MS. BUCHILLON: Last case, No. 8, CESD20200010077, Gisella C. Burgos. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Okay. Cristine, you want to read this into the record? MS. PEREZ: Yes, sir. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 5425 26th Ave Southwest, Naples, Florida. Folio 36370720000. Description was a garage finished without a permit. Past orders: On June 23rd, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5978, Page 3422, for more information. The violation has been abated as of January 26th, 2022. Fines have accrued at the rate of $150 per day for the period from October 22nd, 2021, to January 26th, 2022, 97 days, for a total March 24, 2022 Page 179 fine amount of $14,550. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.49. Ms. Burgos was also present at the last hearing, and her case was not able to be heard. CHAIRMAN KAUFMAN: Okay. They got it done fairly quickly. Anyone want to make a motion on this? MS. ELROD: I'll deny the county the imposition of fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. FUENTES: Nay. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: All we have left is under reports for the nomination for chairman or vice. MR. WHITE: Nomination and election. MR. BLANCO: I'll make a motion to nominate the honorable Mr. Robert Kaufman as chairman of the Code Enforcement Board. MS. CURLEY: I second. MS. ELROD: Second. MR. RUBENSTEIN: I third it. MR. WHITE: Does it also require a vice chair or no? March 24, 2022 Page 180 CHAIRMAN KAUFMAN: We'll do that on a separate election. MR. WHITE: Understood. I'm just -- MR. BLANCO: I guess I'm calling this one. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. MS. CURLEY: You can't vote for yourself. MS. BUCHILLON: Yes. We can do the chairman, too -- I mean the vice, I'm sorry. MR. WHITE: Sure. CHAIRMAN KAUFMAN: Gerald was the vice, and Gerald had to step down to run for election, so we have an opening for vice. Hopefully I won't be sick. And I haven't missed a meeting in 12 years, so... MS. CURLEY: So if he misses one, he's going to be out of here. CHAIRMAN KAUFMAN: That's right. I may be up there. Who knows. So you want to do vice now or not? MR. WHITE: I believe your rules do say that this is the time to do so. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Your annual, quote, kind of meeting. CHAIRMAN KAUFMAN: Okay. I'd like to know who wants to be vice chair. Anybody want to make a nomination? MS. CURLEY: I'll make a motion to nominate John for vice March 24, 2022 Page 181 chair. CHAIRMAN KAUFMAN: John Fuentes. Okay. John, will you accept it? MR. FUENTES: I'll accept it. CHAIRMAN KAUFMAN: Okay. That's one. MS. CURLEY: So if there's any discussion, John's walked in the footsteps of all these people and all these people that we see come and all our code enforcement officers, and I think he has the most unique and positive influence on some of the decisions that we didn't -- maybe wouldn't know about. MR. FUENTES: I appreciate that. Thank you. MS. CURLEY: I think it's -- I think it would be helpful. CHAIRMAN KAUFMAN: Well, are there any other nominations? MR. AYASUN: Didn't we vote? CHAIRMAN KAUFMAN: Hearing none, all those in favor of John? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. You're the vice. (Applause.) MS. BUCHILLON: Congratulations. CHAIRMAN KAUFMAN: Okay. Tarik? MR. AYASUN: Are we supposed to have a -- March 24, 2022 Page 182 CHAIRMAN KAUFMAN: A bunch of meetings on the language. That's been postponed. We don't have the exact date on it. But our attorney has done a redline correction for the rules and regs we have, which was excellent, by the way. I went through it, and I'm going to go through it again because it's the right thing to do. We'll probably have that in two months? MR. WHITE: May would be fine. MS. BUCHILLON: Okay. MR. WHITE: But you do have to have it noticed as a workshop, and then the month after that is typically when they would become effective. MR. AYASUN: A workshop is the word I was looking for. MS. CURLEY: Yeah. Why don't you note the workshop. You said 60 days? Or has to be noticed for -- MR. WHITE: No. I believe that as long as you have the workshop next month, then you could have them become effective in May. MR. BLANCO: Would that be same day of the hearing or -- CHAIRMAN KAUFMAN: Well, the concern that you have with workshop is we got finished today at 1:30. This is going to take about -- it will take some time. We'll probably be another hour to go through the changes. They are -- there are a lot of changes. None that I thought were real significant. But why don't we do that. If everybody's okay with the -- MR. WHITE: April? CHAIRMAN KAUFMAN: -- listening to changes that our attorney has put forth. MS. CURLEY: Can we have them ahead of time? MR. WHITE: Absolutely. I think the issue, as far as I understand with staff, is a desire not so much to make further changes to your rules and regulations but, rather, to have them be as parallel March 24, 2022 Page 183 to those for the special magistrate, and that's something between staff and the County Attorney's Office that needed some more time. So, definitely, you will have the redline for your rules and regs in the packet, and I would avail -- make myself available for anyone once you have the packet. If you have to give me a call, discuss it, that's fine with me. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Motion to adjourn. MR. WHITE: Okay. Unfortunately, I've just been told that the April 24th date is one where you will also be time-certain as to when the meeting will end, so. CHAIRMAN KAUFMAN: So why don't we make it -- MR. WHITE: And May's fine with me. CHAIRMAN KAUFMAN: Okay. May. Do you have some travel to do? MR. WHITE: Not till June. CHAIRMAN KAUFMAN: Okay. Are you going to come back after you travel? MR. WHITE: Absolutely. July and August, yes. CHAIRMAN KAUFMAN: Okay. So -- MS. BUCHILLON: So for May. CHAIRMAN KAUFMAN: -- we'll do it in May. You'll send out the redline copy, blah, blah, blah, sometime between now and next meeting? MR. WHITE: Yes, Mr. Chairman. CHAIRMAN KAUFMAN: Thank you. Anything else, Helen? MS. BUCHILLON: No, sir. MS. CURLEY: Motion to adjourn. CHAIRMAN KAUFMAN: We are adjourned. MR. FUENTES: Second. March 24, 2022 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :40 p.m. NFORCEMENT BOARD BERT AN, CHAIRMAN These minutes approved by the Board on 40631 2O , as presented X or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. Page 184 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE BLANCO DANNY CODE ENFORCEMENT BOARD MAILING ADDRESS j j. THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON s.C i 1 `1 �t `v, Lc i ` 'f I WHICH I SERVE IS A UNIT OF: CITY l 1 /F COUNTY J CITY CI COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDMSION: DATE ON WHICH VOTE OCCURRED COLLIER COUNTY MY POSITION IS: March 24, 2022 ❑ ELECTIVE ar APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister,father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). r • • • • r • : r : : x r a • : ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 1 ./C%�. >1 6 l.J Y �7 '� , hereby disclose that on ;v��1�C.�� ? y ,20 T Z (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, • inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: a hearing to determine whether a violation of County regulations exists such that my business relationship with the alleged violator entity's manager would potentially have the appearance of a conflict of interest due to a continuing business relationship. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.