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CEB Minutes 02/24/2022February 24, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, February 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 Sue Curley Kathleen Elrod John Fuentes Tarik N. Ayasun, Alternate Chloe Bowman (Absent) Danny Blanco (Excused) Lee Rubenstein (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Cristina Perez, Code Enforcement Investigative Supervisor Patrick White, Attorney to the Board February 24, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: The 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. And with that, if you'll all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we start off with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement Board. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Here. February 24, 2022 Page 3 MR. FUENTES: And Lee Rubenstein is excused, Danny Blanco is also excused, and Chloe, we're waiting. CHAIRMAN KAUFMAN: Chloe will be late, maybe. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Approval of the minutes. Anybody have any comments on the minutes that were sent out? (No response.) CHAIRMAN KAUFMAN: If not, we'll accept the minutes as written. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. Actually, we don't need to make a motion to do the minutes anymore. MS. CURLEY: Good. CHAIRMAN KAUFMAN: We now move to the agenda. MS. BUCHILLON: We have some changes, and we have stipulations. CHAIRMAN KAUFMAN: Changes. What a surprise. Okay. MS. BUCHILLON: The first stipulation on the agenda, under hearings, No. 8, CELU20210010367. Next stipulation, No. 9, CEVR20210009902, Iron Ranch Containers, Inc. Next stipulation, No. 10, CEVR20210010368, Iron Ranch Containers, Inc. Next stipulation, No. 13, CESD20210007663, Kevin J. McCloskey and Carolyn McCloskey. Next stipulation, No. 6, CESD20210004812, Michael Anthony Guerra and Mariam Leon. Next stipulation, No. 14, CESD2020013730, Peggy L. Mills. Next stipulation, No. 1, CELU20210013110, Victor Estrada and Alejandro Lara. February 24, 2022 Page 4 Next stipulation, No. 22, CESD20210004109, Viage Marinas, LLC. And those are all the stipulations. CHAIRMAN KAUFMAN: Okay. Do we have any withdrawn? MS. BUCHILLON: Yes, we do. And under public hearings, D, hearings, No. 4, CENA20210009796, Albert Lee and Margaret M. Lee, has been withdrawn. It has been abated. Number 11, CESD20210010942, Thomas S. Green and Signe L. Green, has been withdrawn due to a continuance. Number 15, CESD20200011027, 34102 Investments, LLC, has been withdrawn due to compliance efforts. Number 18, CESD20200011642, Blanislava Cirakovic, has been withdrawn due to compliance efforts. Number 19, CESD20200011643, Branislava Cirakovic, has been withdrawn due to compliance efforts. Under old business, motion for imposition of fines, No. 6, CEPM20210006609, Martha Lucy Roca Senzano, has been withdrawn due to compliance efforts. Number 10, CEROW20210008921, Dominick Lento and Alycia Lento, has been withdrawn. The county will be abating the violation. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. We're going to hear the stipulations first. MS. BUCHILLON: We have one more stip. CHAIRMAN KAUFMAN: Late breaking. MS. BUCHILLON: Okay. I skipped one. Under public hearings, 21, CESD20210011881, Donald N. Garrison and Cheryl K. Garrison; it's a stipulation. February 24, 2022 Page 5 MR. WHITE: Item number? MS. BUCHILLON: Number 21. One more stipulation. Number 5, CESD20210001545, First Property Yanza, LLC. CHAIRMAN KAUFMAN: Okay. So we have nine stips. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Okay. And the way this thing works is the stips are heard first, and then we cover everybody who is here before we move on to the other items on the agenda. Any other changes, Helen? MS. BUCHILLON: I'm sorry. CHAIRMAN KAUFMAN: Any other changes? MS. BUCHILLON: Not that I know of. CHAIRMAN KAUFMAN: Okay. Get a -- MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: -- motion from the Board to accept? And a second? MR. AYASUN: Second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: I have one question, Helen. So on the February 24, 2022 Page 6 stipulations 8, 9, and 10. We have 8 and 9, but we don't have 10. Was 10, like, a late -- MS. BUCHILLON: You don't have 10 in there? CHAIRMAN KAUFMAN: I have 10. MS. CURLEY: Okay. That's all right. Then everyone else -- CHAIRMAN KAUFMAN: They're all the same respondent, Iron Ranch Containers. Okay. Why don't you call the first one. MS. BUCHILLON: First stipulation, No. 8, CELU20210010367, Iron Ranch Containers, Inc. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. GIGUERE: I do. MR. AGUIAR: Yes. MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. AGUIAR: Robert Aguiar, Iron Ranch Containers. MS. GIGUERE: My name is Vicki Giguere, G-i-g-u-e-r-e. I work for AUC Consultant. The owner is our client. CHAIRMAN KAUFMAN: Okay. And you're both available to sign the stipulation, et cetera, okay. Michele, do you want to read the stipulation into the record for us? MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Cease storing vehicles, February 24, 2022 Page 7 mobile homes, and storage containers on this unimproved property which is not a permitted accessory or conditional use in this zoning district, and remove all unauthorized items from the property, or obtaining -- obtain any and all required Collier County approvals, permits, inspections, and certificate of completion within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: I have one question. It takes six months to move these vehicles off the property, or is there anything else I don't know? MS. McGONAGLE: It's because of the permitting issues, because we are giving them the opportunity to get the items permitted, and he is currently working on that. That's why he has hired AUC Consultant. CHAIRMAN KAUFMAN: Are they going to do a new site plan? MS. McGONAGLE: Well, it's applying for the permits to allow the mobile homes to remain on the property. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. Was it a -- how was the complaint initiated? MS. McGONAGLE: A complainant. MS. CURLEY: From a neighbor. February 24, 2022 Page 8 MS. McGONAGLE: Yes. It actually started as a clearing complaint. MS. CURLEY: So the neighbors have to wait six months for him to fix what was done illegally. The luxury of not asking for permission. MS. GIGUERE: If I may, the mobile homes already have temporary-use permits. We're working on actual permits for the mobile homes. A lot of the stuff has already been cleared. We just know that the permitting process takes several months since it's backed up, so that's why we asked for the 180 days. CHAIRMAN KAUFMAN: Okay. Do you have anything to say, sir? MR. AGUIAR: No. CHAIRMAN KAUFMAN: Okay. And you can get this done in 180 days? MR. AGUIAR: Yes, sir. CHAIRMAN KAUFMAN: Okay. I'll take a motion to -- from the Board. MS. ELROD: I'll motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: One opposed. Okay. Don't go February 24, 2022 Page 9 away. Do you want to read the next order into the record? (Vicki Giguere, Robert Aguiar, and Michele McGonagle were previously duly sworn and indicated in the affirmative.) MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in regards to Case No. CEVR20210009902. Therefore, it is agreed between the parties that the respondent shall, No. 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: Cease all land clearing, excavation, and/or landfill operations and/or must obtain any and all applicable permits to include vegetation removal or landfill permits pursuant to 04-41, as amended, Section 10.02.06(B)(1)(a) within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have anything to say on this? (No response.) CHAIRMAN KAUFMAN: You agree to that and the time frames? MR. AGUIAR: Yes, sir. CHAIRMAN KAUFMAN: Okay. From the Board? February 24, 2022 Page 10 MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. AYASUN: Second. MS. CURLEY: I have a question. Where is Dove Tree Street? MS. McGONAGLE: You go down 10th Street, which is off of Golden Gate, down to Frangipani, take a right on Frangipani and left on Dove Tree. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries. Which brings us to Item No. 10. Michele, do you want to read that into the record? (Vicki Giguere, Robert Aguiar, and Michele McGonagle were previously duly sworn and indicated in the affirmative.) MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in regards to Case No. CEVR20210010368. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Cease all land clearing, excavation, and/or landfill operations and/or must obtain any and all February 24, 2022 Page 11 applicable permits to include vegetation removal and/or landfill permits pursuant to 04-41 as amended, Section 10.02.06(B)(1)(a) within 180 days of this hearing, or a fine of $100 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 to perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: This I don't understand. MS. CURLEY: Yeah, me neither. MS. McGONAGLE: There's two separate properties. CHAIRMAN KAUFMAN: Using -- this case says, removal of native or prohibitive exotics/vegetation using heavy machinery. I would think that if you're going to use the heavy machinery and it's a violation, that it would stop immediately, not in six months. Is this giving permission to the respondent to continue doing that? MS. McGONAGLE: No. The first part says, abate all violations by ceasing all land clearing. CHAIRMAN KAUFMAN: But it's 180. MS. CURLEY: It needs to be separated into an A and B. Is there a stop work order? MS. McGONAGLE: No. On both of these properties, they have already received an ag exemption. Once they were noticed that there was a violation, he does have an ag exemption on the property which has allowed for the partial clearing that he's done. And then under the permit applications that they are currently working on, that would allow for the other acre that was cleared under that building February 24, 2022 Page 12 permit. MS. CURLEY: But, again, this lets him continue to clear without a permit for 180 days until he gets a permit which is going to tell him what to do. When you say "and/or" -- I don't know. We can ask the attorney. It's written -- the technical language here is not correct. MR. WHITE: "And/or" means, as you've correctly stated, that it could be either. CHAIRMAN KAUFMAN: So they could -- MR. WHITE: Or both. CHAIRMAN KAUFMAN: They could continue to use heavy machinery in violation of the county ordinance to do this. This stipulation, I believe, needs to be rewritten. MS. CURLEY: Or we could just hear the case. MR. WHITE: It certainly could be clarified and separated. CHAIRMAN KAUFMAN: Okay. Either rewritten, or we'll hear the case, one of the two. MS. ELROD: Can I ask, have they done all the clearing that they're doing? Is that what we're talking about? MS. McGONAGLE: Yes. And they have stopped all clearing. MS. CURLEY: That might be the case, but that's not what this says. MS. McGONAGLE: Well, it says to cease all land clearing and/or obtain the permits to continue with clearing. CHAIRMAN KAUFMAN: In six months. MS. McGONAGLE: But they can't do any clearing -- go ahead, Cristina. MS. PEREZ: For the record, would it please the Board if we do -- and, obviously, if our respondent were to agree, to change that sentence to cease all land clearing, excavation, and/or landfill operations immediately, you know, or a fine of... February 24, 2022 Page 13 MS. CURLEY: It should say "until." MS. PEREZ: Well, yeah, you know, add some more language in there but, you know, to cease it immediately or, you know, obtain a daily fine, and then they can continue to get the applicable permits. CHAIRMAN KAUFMAN: That would make more sense, yes. MS. PEREZ: Okay. CHAIRMAN KAUFMAN: Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: So you want to put this on the side? MS. PEREZ: Yes. We'll have this one, and as well as the previous one that has the exact same language. CHAIRMAN KAUFMAN: Right. MS. PEREZ: So if that could be amended to both parcels, both cases, initialed by the respondent, and then we could bring it back to you for your approval. CHAIRMAN KAUFMAN: Okay. That would be fine. Okay. We're almost done. MS. CURLEY: Just an effort to prevent a loophole which, you know, they already found the first one by not getting any permits. So we might as well make this clear now. MS. GIGUERE: Thank you. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Okay. I have one question for Terri. Do you need to swear everybody in on each case even though they're one, two, and three -- you know, three together? MR. WHITE: I would simply note for the record that the same agent and respondent were present for each of the three cases and that they had been sworn. CHAIRMAN KAUFMAN: Okay. You said that. February 24, 2022 Page 14 Okay. Thanks, Michele. MS. McGONAGLE: You're welcome. CHAIRMAN KAUFMAN: So that's 8, 9, and 10. Nine and 10 will come back. 13 is next. MS. BUCHILLON: Yes, sir. Number 13, CESD20210007663, Kevin J. McCloskey and Carolyn McCloskey. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Do you want to cover notification, Helen? MS. BUCHILLON: Respondent was notified regular and certified mail on February 8th, 2022, and it was also posted at the property and courthouse February 9th, 2022. CHAIRMAN KAUFMAN: Okay. Jordann, I don't think I've seen you before. MR. MARINOS: This is my first time presenting at CEB. CHAIRMAN KAUFMAN: Oh, okay. Why don't you read this case into the record for us. MR. MARINOS: Yes, sir. For the record, Investigator Jordann Marinos, Collier County Code Enforcement. Case No. CESD20210007663. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate violations by obtaining all required Collier County building permits, inspections, and certificates of completion/occupancy for the unpermitted gate and access box within 90 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; February 24, 2022 Page 15 Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using anything 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. And they signed this and left or -- MR. MARINOS: They signed this yesterday with the intention of not being here today. CHAIRMAN KAUFMAN: Okay. No problem. Okay. Could we get a motion from the Board? MS. CURLEY: Wait a minute. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So they've had six months to do this, and now they want -- MR. MARINOS: Yes, ma'am. They have a permit currently applied for paying for fees in order to go into issuance. It was a divided parcel property, and when it was built by the previous owner, not Mr. and Mrs. McCloskey, the access box was placed on the neighbor's property. So in order to abate, they actually had to make an agreement legally with the neighbor in order to have the box removed and put in the proper location. MS. CURLEY: Oh, so it's a survey issue. MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. FUENTES: Second. February 24, 2022 Page 16 CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Jordann. Have a wonderful day. MS. BUCHILLON: Next stipulation, No. 6, CESD20210004812, Michael Anthony Guerra and Mariam Leon. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. CHAIRMAN KAUFMAN: Good morning. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: Let the record show respondent is not present. MR. HOLMES: All right. I'll take it away. For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted garage conversion, or to restore it to the original permitted state within 120 days of this hearing, or a fine of $150 per day will be imposed until February 24, 2022 Page 17 the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is this occupied? MR. HOLMES: No, no. Right now they're working to convert it into storage space. So they're -- to my knowledge, they've already demolished what was a full bathroom with shower, and they're just going to be working with the contractor to make it storage space, so... CHAIRMAN KAUFMAN: Did this come from Contractor Licensing by any chance? MR. HOLMES: Uh-uh, no. This was a complaint. CHAIRMAN KAUFMAN: Okay. Questions? MS. CURLEY: So the water -- so the water and the power that's there, it will be -- is turned off now? MR. HOLMES: Yeah, yeah. I mean, they didn't have -- it wasn't overly extravagant, but they've removed an A/C unit that was on there, and they've already removed the bathroom, so... CHAIRMAN KAUFMAN: So this was at one time rented out? MR. HOLMES: It was going to be a -- he was putting the mother-in-law in the garage, so. CHAIRMAN KAUFMAN: It's a proper place for her. MR. FUENTES: Good reason to get rid of her, right? MS. CURLEY: Now he's stuck with her. CHAIRMAN KAUFMAN: Now I know how to do it, okay. February 24, 2022 Page 18 MS. CURLEY: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Bradley. MR. HOLMES: Yep. MS. BUCHILLON: Next stipulation, No. 14, CESD20200013730, Peggy L. Mills. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. MILLS: I do. MR. PITURA: I do. CHAIRMAN KAUFMAN: Could you -- ma'am, could you give us your name on the microphone, please. MS. MILLS: Peggy Mills. CHAIRMAN KAUFMAN: Okay. And would you like to read the stipulation into the record for us? MR. PITURA: Yes. Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that respondent shall: February 24, 2022 Page 19 One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy for the master bathroom model [sic] within 90 days, or a fine of $100 per day will be imposed until the violation is abated; Respondent must notify the Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce this provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And, Ms. Mills, would you like to say anything? Do you agree to what was just -- MS. MILLS: I agree, yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. FUENTES: I mean, this case right here was -- this is about almost a year old now for some -- it's a master bathroom. Why is it taking so long? MS. MILLS: We have had problems with the construction company just not responding. MS. CURLEY: The ones that started to do it without a permit, the same company? MS. MILLS: No, no. The one that we have tried to get now, but they just didn't respond, didn't call. Didn't -- took forever to apply for a permit and, therefore, it's just -- and when we call back, no answer. So we've tried to get a new contractor, and we can't till February 24, 2022 Page 20 he does what he's supposed to do. MS. CURLEY: So you have -- you're not dealing with the one that's been leaving you in the lurch for a year? You have somebody new? MS. MILLS: No, no. MS. CURLEY: Because 90 days is not very long. MS. MILLS: All they'll do is inspect what's already been done, and there's no problem so far. So I think it's just a matter of checking it out. CHAIRMAN KAUFMAN: The new company's pulled a permit since? MS. MILLS: The one -- the first company, after that was completed, the other company -- it took weeks and months for him to apply for a permit, and then after that, nothing was done. CHAIRMAN KAUFMAN: Did he apply for the permit? MS. MILLS: Pardon? CHAIRMAN KAUFMAN: Did they apply for the permit? MS. MILLS: Yes. CHAIRMAN KAUFMAN: The first one did? MS. MILLS: No. CHAIRMAN KAUFMAN: They didn't? MS. MILLS: No. CHAIRMAN KAUFMAN: Okay. That's what I just wanted to understand. The second company has applied for the permit? MS. MILLS: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: She just told me that she fired the second company, and she's on her third company right now. So is there any explanation that you can help us with to understand that this timeline's actually realistic? THE COURT REPORTER: Do you swear or affirm that your February 24, 2022 Page 21 testimony will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. So I think the first company that didn't work out -- she's been trying to do a change of contractor, and they haven't been responding. So she has a second contractor lined up that's ready to do the work. We've just got to get this first contractor, get them removed from that permit so the second contractor can take over. It's just taking a little bit of time to do it. CHAIRMAN KAUFMAN: Okay. Can I assume that Contractor Licensing is involved in this? MR. MUCHA: No, because I don't think the first company necessarily did anything wrong. I mean, just need to get them off of there and let the new company -- CHAIRMAN KAUFMAN: Other than not applying for a permit. MR. MUCHA: No, they applied for a permit. They just never -- it was rejected and just was never approved, and it's just kind of sitting. MS. CURLEY: They applied for a permit and then started and finished, and the permit never -- MR. MUCHA: Well, I don't think that company didn't do the work. MS. MILLS: No. MR. MUCHA: Somebody, I believe -- MS. MILLS: Yeah. MR. MUCHA: -- unlicensed or something did the work originally. MS. MILLS: Yeah. MS. CURLEY: For you? Originally for you? February 24, 2022 Page 22 MS. MILLS: Right. MR. MUCHA: And she tried to bring in this other company, and then they didn't work out, so now she's got another company that's going to take over. MS. MILLS: It's been months. MR. MUCHA: But it's -- CHAIRMAN KAUFMAN: Okay. MR. MUCHA: -- a little bit of red tape. MS. CURLEY: Could somebody see that she gets some help there? MR. MUCHA: Yeah, we're on it. We're trying to help her. CHAIRMAN KAUFMAN: Okay, great. Any motion from -- MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. 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. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. FUENTES: Aye. CHAIRMAN KAUFMAN: One opposed? MR. FUENTES: One opposed. CHAIRMAN KAUFMAN: Okay. It passes. Thank you, ma'am. Good luck with your -- MS. MILLS: Thank you. CHAIRMAN KAUFMAN: -- contractor roulette. MS. MILLS: Thank you very much. February 24, 2022 Page 23 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next stipulation, No. 1, CELU20210013110, Victor Estrada and Alejandra Lara. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. ESTRADA: I do. MS. LARA: I do. MR. CALDARONE: I do. MS. RODRIGUEZ: I do. CHAIRMAN KAUFMAN: Could we have everybody give their name on the microphone for us, please. MR. CALDARONE: Justin Caldarone, counsel for Victor Estrada and Alejandro Lara. CHAIRMAN KAUFMAN: Okay. And? MR. ESTRADA: Victor Manuel Estrada Perez. CHAIRMAN KAUFMAN: Okay. You can move the microphone if it -- MS. LARA: Alejandra Lara. CHAIRMAN KAUFMAN: We now swear in attorneys -- MR. CALDARONE: Yes. CHAIRMAN KAUFMAN: -- because they're not always so trusting. MR. CALDARONE: I'm not used to that. CHAIRMAN KAUFMAN: Okay. Would you read the -- would you read the stipulation in for us, please. MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Therefore, it is agreed between the parties the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Must cease all unauthorized February 24, 2022 Page 24 business activities and/or must obtain all Collier County authorization, permits, inspections, and certificate of completion/occupancy within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: How many days was that? I didn't hear. MS. RODRIGUEZ: Sixty. CHAIRMAN KAUFMAN: Sixty. MS. RODRIGUEZ: Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any methods 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: So I assume that this is a piece of property that's being used for some event of some type? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: So my question to you is, why wouldn't it just be stopped immediately, just like we had on the other case? MS. RODRIGUEZ: It's stated on there that they had to cease -- well, they're not doing anything right now. Like, they stopped. There's no more events going on. But we gave them the 60 days because they were trying to -- they did a verification letter to try to see if they were able to permit it, to permit the use, so we allowed them 60 days. CHAIRMAN KAUFMAN: Is this a zoning -- MS. RODRIGUEZ: It is. February 24, 2022 Page 25 CHAIRMAN KAUFMAN: Okay. All right. Sir? MR. CALDARONE: And they're in the process of trying to obtain a dual-usage permit at this time. CHAIRMAN KAUFMAN: Move the mic over. MR. CALDARONE: They're in the process of trying to obtain the dual-usage permit from the county at this time. They're putting that in motion. But there's no planned activities on the property in the meantime. CHAIRMAN KAUFMAN: Okay. Dual usage meaning events and -- MR. CALDARONE: That's my understanding. MS. RODRIGUEZ: No. They're going to do the dual usage through property appraisal to try, because they can't do events. It's an ag piece of property with a mobile home overlay. So she went to property appraisal yesterday, and they told her that they could do, like, renting out the property to house cows or horses or goats. So they're going to do the dual, meaning maybe doing part horses, part cows or part farming, part cows. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And they hired you to help them achieve that? MR. CALDARONE: They hired me to help them with this situation. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Which is achieving the dual-usage permit? MR. CALDARONE: I'm not -- no, with the actual violation. That's why I'm here. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: They spoke a little English, so I think they were a little confused. That's why they hired the attorney, to kind of get it right. CHAIRMAN KAUFMAN: Okay. So -- February 24, 2022 Page 26 MS. CURLEY: Well, hopefully you're going to help them. MR. CALDARONE: I'm trying. CHAIRMAN KAUFMAN: Okay. Any motion from the Board? MS. ELROD: Motion to accept the stipulation as written. 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. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. Thank you. MR. CALDARONE: Have a good morning. CHAIRMAN KAUFMAN: You, too. MS. LARA: Thank you. MR. ESTRADA: Thank you. MS. BUCHILLON: Can we go back to the two revised ones? CHAIRMAN KAUFMAN: Sure. Okay. MS. BUCHILLON: Number 9, CEVR20210009902, Iron Ranch Containers, Inc., and No. 10, CEVR20210010368, Iron Ranch Containers, Inc. CHAIRMAN KAUFMAN: Terri, did the swearing in wear off, or it's still valid? THE COURT REPORTER: (Shakes head.) February 24, 2022 Page 27 (Vicki Giguere, Robert Aguiar, and Michele McGonagle were previously duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Do you want to -- you've been sworn. MS. McGONAGLE: Okay. CHAIRMAN KAUFMAN: It's like you never were here. Do you want to read the change into the record for us? MS. McGONAGLE: Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining any and all applicable permits to include vegetation removal and/or landfill permits pursuant to 04-41 as amended, Section 10.02.06(B)(1)(a), within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: I'm looking at it. I didn't see the word "immediately." MS. McGONAGLE: They've already ceased clearing. I spoke with the County Attorney, and he said because that part -- they've already ceased, that part of it has been abated. CHAIRMAN KAUFMAN: So you -- MS. CURLEY: Well, that makes sense. February 24, 2022 Page 28 CHAIRMAN KAUFMAN: Okay. MR. WHITE: So, effectively, the change to the prior stipulation and agreement is to have deleted, essentially, the first part of what was going to be the action to take. CHAIRMAN KAUFMAN: Since it's not a violation. MR. WHITE: Correct. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? MR. WHITE: Just -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: I don't know if, procedurally, do you want to do the same thing with the next case or -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: How do you want to handle that? CHAIRMAN KAUFMAN: We'll do them at the same time? MS. CURLEY: Well, I mean, I understand that. I just don't want them to think that they can start up again and get another cease and then stop and then start up and stop and -- MR. WHITE: That will be a series of recurring violations, and they'd be here. But just for the record, Helen, would you read No. 10 in, please, just so we're on the record as to both cases. MS. BUCHILLON: Number 10, CEVR20210010368, Iron Ranch Containers, Inc. MR. WHITE: And for the purposes of the record, the Board is taking action on both items done in 10. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: If I could, just quick for the record for both cases, we are no longer clearing on this property. The clearing is done. At this point he's going to be replanting vegetation onto both properties, just in case there's any concern. CHAIRMAN KAUFMAN: Okay. Okay. I think we've February 24, 2022 Page 29 resolved our issues. Anyone want to make a motion from the Board? MS. ELROD: I'll make a motion to accept the altered stipulation. CHAIRMAN KAUFMAN: For both items 8 and 9. MS. ELROD: Nine and 10. CHAIRMAN KAUFMAN: Nine and 10, I'm sorry. MS. CURLEY: So for the record, we did not vote on 10. They left with 10 unvoted on. Number 9 we voted on, and we need to vote on 10. CHAIRMAN KAUFMAN: Okay. So your motion to -- MS. ELROD: Amend 9 and vote on 10. CHAIRMAN KAUFMAN: Okay. For both of them at the same time? Okay. All those in favor? MS. ELROD: Aye. 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. They're done. Thank you. MS. GIGUERE: Thank you. CHAIRMAN KAUFMAN: Good luck. MR. AGUIAR: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. MS. McGONAGLE: You're welcome. CHAIRMAN KAUFMAN: Our last stip is No. 5. MS. BUCHILLON: Number 5, CESD20210001545, First Property Yanza, LLC. February 24, 2022 Page 30 THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. McGONAGLE: I do. MS. FERNANDEZ: Yes. CHAIRMAN KAUFMAN: Move the microphone up. Thank you. And your name? MS. FERNANDEZ: Mayrelis Fernandez for First Property Yanza, LLC. CHAIRMAN KAUFMAN: And you are authorized to speak for the respondent? MS. FERNANDEZ: Yes, but does not speak English. MS. CURLEY: Do you work for the company? MS. FERNANDEZ: That's -- the owner. MS. CURLEY: What? MS. FERNANDEZ: Is the owner. MS. McGONAGLE: She's the owner. CHAIRMAN KAUFMAN: Okay. She's the owner of the LLC? MS. McGONAGLE: Yes. We have a copy of Sunbiz, if you would like to see it. CHAIRMAN KAUFMAN: No, no, no. Just as a question. Okay. Do you want to read the stipulation into the record for us? MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for all unpermitted chicken February 24, 2022 Page 31 coops, carports, horse barn, fences, above-ground pool and gate, or remove said structures/improvements, including materials from the property, and restore to a permitted state, and obtain certificate of completion for detached garage Permit 1998110262 within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Would you like to -- MS. FERNANDEZ: It's okay. CHAIRMAN KAUFMAN: Okay. I have a question on this. There's a lot of stuff here. MS. McGONAGLE: She's already worked on -- they've already worked on removing some of the items from the property. They're removing the horse barn next. And she has been working with Renald Paul to finalize the 1998 permit and obtain permits for the other couple of structures that she plans to keep. CHAIRMAN KAUFMAN: So there was a permit issued in 1998? MS. McGONAGLE: Yes, and they didn't realize that the inspections hadn't been completed for it. MS. CURLEY: Was it their property back then? MS. McGONAGLE: No. MS. CURLEY: So it's been 10 months. So she's been working with Renald Paul for 10 months, or why is this case just February 24, 2022 Page 32 coming to us now? MS. McGONAGLE: Well, part of it was because of the whole deal with COVID, and getting a building determination took a little bit longer. But she had to wait for a survey before she could even apply for any of the permits, so that also took time. And then she got -- the permit was reissued for the garage permit. So because she had the valid permit for that and was working on the other things, we didn't schedule it for a hearing. But now because nothing else had really happened, her husband had COVID, which she had also explained to me, so that took a little bit longer for them to remove the buildings that they planned to remove. MS. CURLEY: So another six months. So a year and a half? CHAIRMAN KAUFMAN: Well -- did you say that the original permit for the garage was pulled in 1998? MS. McGONAGLE: Yes. MS. CURLEY: Before they owned the property. MS. McGONAGLE: It was never finaled. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: But all these other things, I mean, lots of us had COVID. And I get that he's the physical person to do that. But all these other things were built during COVID. MS. McGONAGLE: They weren't. MR. FUENTES: When was the above-ground pool put in? MS. McGONAGLE: I have it in my pictures in my case notes. I believe it was in 2020. MS. CURLEY: When was the -- MR. FUENTES: So that would have been during COVID. MS. CURLEY: When was the gate installed? MS. FERNANDEZ: She doesn't speak English. So can you put translator for me? MS. CURLEY: No. February 24, 2022 Page 33 MS. FERNANDEZ: Okay. I have the permit for gate. Can we open? Only case now move the gate because my husband is diabetic and he have COVID, and it's not good. So the pool he's removing for garbage. And then the permit -- because it's opened in '92. When he buy the house, it's open. He don't know, you know. And right now, I'm -- me, I have -- I'm going to the Horse department, and he going to the permit everything, see, for close the permits. I need close this permit, and the pool in the another case not good. I'm removing everything. CHAIRMAN KAUFMAN: Okay. Let me ask a question on the pool. Pools kind of turn me on a little bit when it comes to safety and health. Is the pool fenced? MS. McGONAGLE: Yes, because there's a perimeter fence all the way around the entire property, and it's an above-ground pool that does not have a ladder that goes directly in the pool. CHAIRMAN KAUFMAN: Okay. So that's not the violation? MS. CURLEY: But the fence is unpermitted. MS. McGONAGLE: She has applied for a permit for that. It was rejected, and it's going through revisions. MS. FERNANDEZ: Only -- only one left. He moving for closing this permit for the farm. MS. CURLEY: So they've not done anything to the main structure of the house. This is all stuff outside of the main house? MS. McGONAGLE: Correct. MS. CURLEY: Okay. I'll make a motion to accept the stipulation as written. MS. ELROD: Second. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? February 24, 2022 Page 34 MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Okay. Good luck. MS. FERNANDEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Stipulations are done. MS. BUCHILLON: No, we've got two more. CHAIRMAN KAUFMAN: Which ones? MS. BUCHILLON: Twenty-two and 21. CHAIRMAN KAUFMAN: Oh, 22 and 21. Twenty-one I thought we heard? MS. BUCHILLON: No, we haven't heard it yet. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Do you want to go with 21 first? CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: Okay. Twenty-one, CESD20210011881, Donald Garrison and Cheryl K. Garrison. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. COLLIER: Good morning. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. You look new to me also. MR. COLLIER: I am. February 24, 2022 Page 35 MS. CURLEY: You have to have a beard to work here. CHAIRMAN KAUFMAN: That's right. I started it. And, John, you're almost there. Work on it, would you? MR. FUENTES: I'm working on it. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record for us? MR. COLLIER: Absolutely. Good morning. For the record, Investigator Adam Collier, Collier County Code Enforcement. 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 the hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, certificate of completion and/or occupancy for the balcony and sliding glass doors access 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, 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. MS. CURLEY: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the stipulation. MS. ELROD: Second. MR. FUENTES: Second. February 24, 2022 Page 36 CHAIRMAN KAUFMAN: Second. All those favor? They signed this stipulation today or yesterday? MR. COLLIER: Yesterday. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: They're going to need every bit of six months. MR. COLLIER: Well, one of them signed it on the 17th, and the spouse signed it yesterday. CHAIRMAN KAUFMAN: Okay. Great. Glad you're here, Adam. And, by the way, they named the county after you. MR. COLLIER: Yeah, they sure did. MS. BUCHILLON: Last stipulation, No. 22, CESD20210004109, Viage Marinas, LLC. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. MS. GIGUERE: I do. MR. MARSHALL: I do. CHAIRMAN KAUFMAN: Could you state your name on the mic for us, please. MR. MARINOS: Barry Marshall, co-owner, Viage Marinas. MS. GIGUERE: Vicki Giguere, AUC Consultant. CHAIRMAN KAUFMAN: Vicki, you used to be with us, right? MS. GIGUERE: I sure did. MS. CURLEY: It took you this long? MS. GIGUERE: It's okay. It's the hair. CHAIRMAN KAUFMAN: I wouldn't know. MR. JOHNSON: Me neither. CHAIRMAN KAUFMAN: John? Yeah, you either. Do you want to read the stip into the record for us, John? MR. JOHNSON: Yes. For the record, John Johnson, Code February 24, 2022 Page 37 Enforcement. Therefore, it is agreed between the parties that the respondent shall: 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 unpermitted boat storage racks 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, Number 4, that is -- 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. Your turn. Do you have any problems meeting these deadlines? MR. MARSHALL: No, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, what happened here? MR. JOHNSON: If I may. Is that -- MS. CURLEY: Yes. MR. JOHNSON: Okay. Without hearing the entire case, I can tell you Viage Marinas has done everything the county has asked and has gone through multiple permitting processes. For example, the initial permits that they applied for for these boat racks, they did it under one permit. The county told them they needed to do five February 24, 2022 Page 38 permits because there's five boat racks. So they resubmitted five boat rack permits, and the county said, among other things, the mounting base system may not work. So they went back and got the engineering drawings and the engineering specs from the manufacturer of the boat racks and have submitted all applications, and now the structural engineering planner -- the structural engineering planning person at the county has approved the structure of these boat racks. These are these metal boat racks that you see outside where the boats sit up on top of them and on the base of them. So they've been structurally approved, and that actually just happened two days ago. So that was the reason we were bringing this to a hearing, because although they've done everything they can do including, by the way, the county gave them the Site Development Plan requirement because this 50-year-old marina apparently never had a Site Development Plan. So they're going through a complete Site Development Plan, but they have made sure -- and to their credit, I want to say they have made sure that these boat racks are structurally sound, and that was the county's biggest concern. So they also came against the Bayshore overlay zoning plan or whatever. Bayshore has a separate zoning overlay architectural plan that they ran into where it required a wall to visually block these commercial boat racks. That would have meant a 40-foot wall around this marina that's right off of Bayshore, which would have turned it into more prison-like than a marina. So they're working with the Bayshore CRA, and they've already gotten concessions to do different types of landscaping and so on to make sure that that won't be an issue. So there's been a lot of things. And all I can say is they've done everything they can. But had I known that the structural engineering February 24, 2022 Page 39 at the county -- well, prior to scheduling this. It only happened two days ago -- this might not have even come to a hearing because the health/safety factor in the county's mind has been resolved. MS. CURLEY: So none of these boat racks are stacking? MR. JOHNSON: What does stacking mean? A rack on top of a rack? No, they're free-standing racks. They have two layer -- two levels, one near the ground and one above. And like I say, they've been engineered to not only be free standing, but they're also portable. They can be moved as long as the ground base is stable. And all of that has been provided by Viage. CHAIRMAN KAUFMAN: Okay. You had me when you said you'll have it all done. MR. JOHNSON: Right. Well, I thought -- MS. CURLEY: Yeah. I mean, the reason I asked what happened is because it was May. I mean, this is a company, and so you would think that they would have -- you would have started this correctly to begin with, but obviously -- CHAIRMAN KAUFMAN: It's also the county, which sometimes changes their direction midstream, so... MR. FUENTES: I think John Johnson's saying they've done everything they can. There seems to be an effort of compliance so, I mean, I think that's great. It can't be easy, either. It's a commercial property, and those go a little deeper. CHAIRMAN KAUFMAN: So would you like to make a motion? MR. FUENTES: Motion to accept. CHAIRMAN KAUFMAN: There you go. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. February 24, 2022 Page 40 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. GIGUERE: Thank you. CHAIRMAN KAUFMAN: Now all the stips are done. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Going forward, we hear the cases. MS. BUCHILLON: We have four extension of times. CHAIRMAN KAUFMAN: Ah, okay. MS. BUCHILLON: Under public hearings, motion for extension of time, No. 1, CESD20190003400, Carlos Arreaga and Veronica Arreaga. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. McGONAGLE: I do. MR. ARREAGA: I do. MS. ARREAGA: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MS. ARREAGA: My name is Veronica Arreaga. CHAIRMAN KAUFMAN: Okay. And you are? MR. ARREAGA: I'm Carlos Arreaga, her son. CHAIRMAN KAUFMAN: Okay. Michele, I'm looking at February 24, 2022 Page 41 this, and I see CESD2019. This is from 2019? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. You're asking for an extension -- and this is added guesthouse, lean-to, storage building, plumbing, et cetera. Why are we -- okay. We'll hear your reason for extending this. MR. ARREAGA: I'll speak on behalf of my mom. CHAIRMAN KAUFMAN: Okay. MR. ARREAGA: Basically, the house is kind of inhabitable. We've been working with Florida Builders to demolish the entire home. And they just come across a lot of challenges to get the home demolished and to produce a new home. Last status update from Florida Builders is that they will be providing a new prototype because the previous one that they provided us of 2021 of last year, in May, it just didn't fit with the -- with the Code Enforcement for Collier County. So currently she's waiting on a new prototype. CHAIRMAN KAUFMAN: Michele, do you have any comments on this? MS. McGONAGLE: They're working with -- I'm sorry. I don't have the name of the company. It's a -- MR. ARREAGA: Florida Builder. MS. McGONAGLE: -- Florida Builder program, so it works with lower income families to reconstruct the houses. They haven't done anything with the guesthouse because at the time that they go in to redo the main structure, everything on the property is going to be demolished. CHAIRMAN KAUFMAN: Has this -- is it occupied? MS. McGONAGLE: No. MS. CURLEY: So it's -- we've had this Florida Builder not-for-profit, we've had them involved in other cases in the past. February 24, 2022 Page 42 And it's -- I mean, it's the basic thing where they provided her with her next new permit or house, but it didn't meet our code. So it's concerning that you have a company that's worked through a government-funded entity that's not even able to give them the right house for the code -- MR. ARREAGA: Yeah. MS. CURLEY: -- and that's why she's here. So it's concerning that we have a contractor, or whoever these people are, not even aware of what needs to be, you know, permitted. Any extension or whatever, she's going to be back here because it's going to go on for years and years. CHAIRMAN KAUFMAN: My concern is this goes back to 2019. That's quite a while. And, as Ms. Curley has stated, we could be here six months from today hearing the same thing. You're asking for an extension of time. How much of an extension of time are you looking for? MR. ARREAGA: Well, it's -- I mean, I'm concerned because I don't live with my mother. She's just telling me about all this stuff as I -- you know, when this thing come up, and it's happening every time. I actually tried to reach out to Florida Builders, and they can never give me a straight answer on when they're going to have something available or ready. Now they're working on this new prototype because the previous one did not, you know, comply with you guys. MS. CURLEY: Is this a mobile home? MR. ARREAGA: No, it's not a mobile home. It's just an older Florida home in the Bayshore area. MS. CURLEY: Has she paid money to them; is that why she's stuck using this company? MR. ARREAGA: No, I mean, she hasn't paid them anything. February 24, 2022 Page 43 It's a federal program. And my parents don't owe anything on the house. It's fully paid. And she started this right after Irma. That's 2018. CHAIRMAN KAUFMAN: So you're asking for an extension of time. How much time, you really don't know. MR. ARREAGA: I really don't know at this point. I mean, we may just -- MR. FUENTES: Could be another three years. CHAIRMAN KAUFMAN: Yeah. MS. CURLEY: Well, I mean, this -- it's very nice for you to understand that there's an issue here, and you're reaching out to them, but I think you might have a little bit more success if you reach above that company. Because it is a federal program, and if their vendor's not working correctly, then, I mean, for paying taxes for three or four years on this property, she could have probably just hired a regular tiny contractor to build her a house in the footprint that was there. So sometimes you feel like you're held hostage by these programs which, you know, promise you, you know -- MR. ARREAGA: That's my feeling exactly. That's what I've been telling her, that I don't feel like this program is right for her at this point. MS. CURLEY: Well, you're nice to help her. CHAIRMAN KAUFMAN: That's family. MS. CURLEY: I mean, we'll give her an extension, but I don't think it's going to change. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. I had a conversation with Ms. Veronica outside where she was questioning what a process would be for demolition, for them to take some initiative to demo. Michele, is this case -- is it in regards to the home or just the February 24, 2022 Page 44 guesthouse? MS. McGONAGLE: The guesthouse. And they had had -- they had a couple other things that were on the property which they had already demolished. So it was just guesthouse that needs to be removed now. MS. PEREZ: So my conversation with Ms. Veronica is I told her that -- you know, she says, I get nervous and blood pressure and all that. You know, this gives her anxiety because she's afraid that, you know, if the -- if there's any type of imposition of fines, then they won't be able to assist her. So I advised her she could go down to the county if she's willing to accept the, you know, finances of demolition, and as an owner she could obtain a demolition permit to demolish the guesthouse. That would resolve the case. And they could continue forward with the program to, you know, settle the home. CHAIRMAN KAUFMAN: That would resolve it. MS. CURLEY: That's very -- CHAIRMAN KAUFMAN: The demolition typically -- familiar as I am with this, it will probably be in the neighbor of $15,000 or so, depending on how big it is. If it's smaller, it could be even under 10-, but -- MR. ARREAGA: It's, like, 100-square-foot small efficiency, so it's not going to be that much. CHAIRMAN KAUFMAN: We'll send you out there with a hammer and a hatchet. MR. ARREAGA: Can do it in a weekend. MS. CURLEY: Next three-day weekend. CHAIRMAN KAUFMAN: So make sure you get a permit before you do it. MS. PEREZ: Yeah. That may be the best option at this point for them to -- you know, for you guys to look into that. February 24, 2022 Page 45 MR. ARREAGA: That's what we're going to consider, yes. CHAIRMAN KAUFMAN: Okay. How much time, is an open question for the Board? MS. CURLEY: I mean, let's give her six months to figure it out. Then after that, then all bets are off. MR. ARREAGA: Okay. Great. CHAIRMAN KAUFMAN: Okay. So do you want to make a motion to that effect? MS. CURLEY: Extension. CHAIRMAN KAUFMAN: You're going to grant an extension? MS. CURLEY: Yeah, I'll grant an extension for six months. MR. WHITE: Extension or continuance? MS. CURLEY: Are fines accruing already? MS. McGONAGLE: Yes. MR. WHITE: Yes, you previously continued this back in September. MS. CURLEY: Well, that's no good. CHAIRMAN KAUFMAN: Do a continuance. MR. FUENTES: Just to clarify, he could demo this himself with a -- why don't we just do three months and allow the family to pull their own permit, demo the 100-square-foot guest area, which -- how old are you, sir? MR. ARREAGA: Me, 39. MR. FUENTES: Thirty-nine. CHAIRMAN KAUFMAN: We're not going to give him 39 years. MS. CURLEY: He thought you were under 18. MR. ARREAGA: I know. MR. FUENTES: But you're young, you know, and it's a weekend family project. Just -- let's remove it with the proper February 24, 2022 Page 46 permits. CHAIRMAN KAUFMAN: Okay. Do you want to modify your -- MS. CURLEY: Why don't you do it? CHAIRMAN KAUFMAN: Okay. Why don't you make the motion, John. MS. CURLEY: Nobody seconded mine. MR. FUENTES: Motion to grant three months. CHAIRMAN KAUFMAN: A continuance for -- a continuance -- MR. FUENTES: A continuance for three months. CHAIRMAN KAUFMAN: Three months, okay. I'll second that. Any comments on that? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have three months to figure out what you're doing. MR. ARREAGA: Okay. CHAIRMAN KAUFMAN: Getting it torn down, the county will assist you in pointing you in the right direction to get the resources that you require. MR. ARREAGA: Okay. CHAIRMAN KAUFMAN: Okay. MR. ARREAGA: Thank you very much. February 24, 2022 Page 47 MR. FUENTES: Get some of those protein bars, and you'll be good to go. MR. ARREAGA: Thank you. CHAIRMAN KAUFMAN: There you go. MR. ARREAGA: Thank you. MS. McGONAGLE: Thank you. MS. BUCHILLON: Next motion of extension, No. 2, CESD20190014019, Yunior Lopez Morell. 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. LOPEZ: I do. MS. AGUILA: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. AGUILA: Esther. MR. LOPEZ: Yunior Lopez. Yunior. CHAIRMAN KAUFMAN: Okay. And I see Morelli; is that -- MR. LOPEZ: Morell. CHAIRMAN KAUFMAN: Okay. And you, ma'am. MS. AGUILA: I'm just a friend helping him with the translate. CHAIRMAN KAUFMAN: Okay. Good morning. MR. MIGAL: Good morning. For the record, Rick Migal, Collier County Code Enforcement. CHAIRMAN KAUFMAN: And, Rick, you're new also. MR. MIGAL: One time. I was here one time before. CHAIRMAN KAUFMAN: Okay. We're having a wave of new people here today. Very good. Okay, Rick, do you want to present your case for -- they're asking for an extension of time? MR. MIGAL: Yes. CHAIRMAN KAUFMAN: Have they talked to you about February 24, 2022 Page 48 that? MR. MIGAL: We did have a brief conversation. I admit that I have just picked this case up under my responsibility in mid January, so in doing my research of what happened in the past, it's been since 2019, and they have had other investigators working with them trying to forward this case. It looks like it got stalled several times, which they would be better to explain why than me at this point. They do -- in our conversations outside prior to this, they were looking for, I believe, six months, which they can explain better than me why they would need that and whether they'll be able to comply. CHAIRMAN KAUFMAN: Okay. Just for a brief, it looks like this is -- some alterations were made in the rear of the -- MS. CURLEY: Have you seen this? CHAIRMAN KAUFMAN: -- no, I haven't -- in the rear of the property. We have a letter from you. MS. CURLEY: What year did you purchase your home? What year did he purchase the home? In here he states that he bought the house in this condition. MS. AGUILA: 2016. MS. CURLEY: We've heard this case before. CHAIRMAN KAUFMAN: Right. MS. PEREZ: Board members, for the record, Cristina Perez. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. I am familiar with this case. Due to the language barrier, I've assisted Mr. Lopez with translation. To give you just a gist as to why he's asking for the extension, initially it was a cost issue. He had two permits that needed to be issued to him. One permit cost $1,067, and the additional permit had February 24, 2022 Page 49 another fee for about $1,575. So it was a matter of cost as a, you know, only breadwinner. Secondly, he did obtain -- one permit has been issued. The other one was still pending issuance. He -- the home was purchased with the violations already in place, so the permit was as a permit by affidavit. I think it was last month that we found out his architect has passed away. The architect's -- part of his job was going to be to provide him affidavits for these inspections that were already completed. So, unfortunately, because he has passed away, he did -- he did provide the finances for those affidavit letters, for those inspections, so he's out that money. He has no contact with anybody else associated with that engineer, and he is now having to look for another one who would then be able to assist him with those after-the-fact inspections. CHAIRMAN KAUFMAN: And what progress have you been making in finding another architect? MS. AGUILA: Yes. He already find another architect. They submit all the permit and everything, and tomorrow he's going to pay the other permit that I think he need to pay. So, you know. Go and do the inspection and finish with everything. MS. CURLEY: Cristina, just for the record, when events like that occur, companies have surety bonds in place for whether they go out of business or there's a death and the companies close, and if somebody could direct him, he could make a claim on the security bond for this now dead architect and get his money back because they didn't perform the services that he paid for. MR. FUENTES: Assuming he has one. They cover, I think, up to -- minimum's, like, 50,000 for a surety bond. MS. CURLEY: It depends. If he doesn't have a surety, then the estate would have a deposit in hand within the state for exact February 24, 2022 Page 50 things like this. He shouldn't be left without his money or his product. MS. PEREZ: Okay. I'll have a conversation with him this afternoon regarding that. CHAIRMAN KAUFMAN: So the question becomes, how much time do you need to resolve all this? MS. AGUILA: He's asking for 180 days, but, you know, he's going to try to finish as soon as he can, because everything took time, you know. To submit the permit and something's wrong, you have to submit the permit again, the inspection, and everything is delayed. MS. CURLEY: I'll make a motion to grant six months' extension. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. MS. BUCHILLON: Extension or continuance? CHAIRMAN KAUFMAN: Continuance. MS. CURLEY: I like an extension. CHAIRMAN KAUFMAN: Extension eliminates all the fines up till today. MS. CURLEY: I like an extension. CHAIRMAN KAUFMAN: Well, make your motion. MS. CURLEY: I did. MS. ELROD: She did. I seconded it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I don't get the point. What if he has to get an equity line to move on and then he can't because he's got all this case stuff happening. CHAIRMAN KAUFMAN: It didn't stop the respondent from February 24, 2022 Page 51 buying the property initially. It was in violation day one. MR. FUENTES: That's true. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. CURLEY: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: All those opposed? Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Fails? Okay. Want to try for another motion? MS. CURLEY: No. MR. WHITE: How many nays were there? CHAIRMAN KAUFMAN: Three no; two yes. MR. WHITE: Boys against the girls. MR. FUENTES: The issue is he bought the property knowing that there was -- MS. CURLEY: No, he did not know. MS. PEREZ: No, did not know. He purchased the property 2016. The case was opened in 2019. MS. CURLEY: So what happens, if we give him six months -- let's be realistic. If we give him six months and he gets it all finished, he doesn't have to come back here, he doesn't have to ask us to rescind the fine. It saves a ton of paperwork. If he doesn't get it done in six months, then he's here, and that's a whole 'nother conversation. But it saves him $58.97 just showing up here in six months to tell us whether he got it or whether he didn't. If we never see him again, we're going to celebrate. CHAIRMAN KAUFMAN: Generally the fines are a motivating tool to make sure that the violation is addressed. MS. CURLEY: Well -- February 24, 2022 Page 52 CHAIRMAN KAUFMAN: This goes back -- this goes back to 2019, and so far -- MS. CURLEY: Yes. CHAIRMAN KAUFMAN: -- we're in the same situation. MS. CURLEY: I understand the motivation. Cristina explained it, and I don't think that's a motivating -- I think having his wife and two children in his completed house without being on county probation is more his concern than the fines. CHAIRMAN KAUFMAN: Okay. Since that motion failed, I'll make a motion that we grant a continuance for six months. MR. FUENTES: Second. Second. CHAIRMAN KAUFMAN: Seconded. MR. WHITE: Were the fines ever imposed? CHAIRMAN KAUFMAN: If it was heard before, I would assume that they were. MS. CURLEY: They're rolling. He just is here in advance of the hearing. MR. WHITE: I believe we've been at this crossroads before. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And since you, at this point, had a compliance date, as I understand it, of January 23rd, '22, and they requested an extension on January 5th, to my knowledge the case has not been brought before you for fines to be imposed. So I'm unclear how fines can continue or be imposed on a motion for an extension. CHAIRMAN KAUFMAN: We could hear the case. MR. WHITE: It's not on the agenda. CHAIRMAN KAUFMAN: Well, if you deny the extension of time, I think that's enough to hear the case. MR. WHITE: Well, you can't sua sponte bring a case before yourselves. The county staff has to put it on the agenda for you, as I understand the process. February 24, 2022 Page 53 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And if you look -- I mean, we -- just to refresh your memory, in B we did a January 23rd, 2022, was the extension we gave him with $50-per-day fine, which is the lowest amount we usually go. MR. WHITE: I don't believe it was an extension. I believe that was the original order. MS. CURLEY: That was the stipulation, because of our empathy for the situation, because we heard the case and he explained to us the entire situation about what was occurring. CHAIRMAN KAUFMAN: Well, someone speak. MR. WHITE: I'm just raising a procedural issue, and I believe that you're able to make a motion for an extension, and it appears that at this point that time frame was one that was denied. CHAIRMAN KAUFMAN: It wasn't so much the time frame that was denied -- MR. WHITE: Well, the motion was denied at that -- with that time frame. CHAIRMAN KAUFMAN: The motion was denied. I voted against it, and I'm assuming the other two members voted against it because it was an extension of time and not a continuance. MS. CURLEY: No, it's because you want to keep adding to the bureaucracy of this person's situation. CHAIRMAN KAUFMAN: That was not my intention. (Simultaneous crosstalk.) MS. CURLEY: -- so it doesn't cost him $58 in six months to come back here, because $58 is a lot of money to some people, and he's struggling to get the money in advance for the permits, which are ready and waiting and probably going to expire. Then he's going to be charged again to re-up the permits. We are allowed to take these cases one at a time, and there is no February 24, 2022 Page 54 standard procedure for it. We've already lowered the daily fines and asked him to come back in six months and given him this because we heard the case and we understand the situation with this young man and his family trying to make -- CHAIRMAN KAUFMAN: So you're saying that the fines were imposed at $50 a day? MR. WHITE: Negative. MS. CURLEY: Would be, but he's never -- he's asked for an extension before the fines were actually -- CHAIRMAN KAUFMAN: Before they start to accrue? MS. ELROD: Correct. MS. CURLEY: Correct. MR. WHITE: Correct. CHAIRMAN KAUFMAN: Okay. Well, if we deny the request for an extension of time, it will go on the agenda for a hearing. MS. PEREZ: Next month. CHAIRMAN KAUFMAN: Sooner or later. MR. WHITE: Arguably so, and unless there's another motion, then -- MS. CURLEY: What's the point? We're here as a board of peers to help people get through these things. Let's help him get through this. Let's take one little weight off his shoulder by giving him six months, and if he gets it done, he doesn't have to come back and beg for forgiveness from us. It's -- MR. FUENTES: I'm stuck. I'm kind of -- I'm not a fan of extension of times. I feel like if I put a bag of money in the center of the road and I told you you had two weeks to get to that bag, you would do anything in the world to get to that bag. But I understand where you're coming from as well. I hear both sides, and -- MS. CURLEY: We do this so infrequently. This is not, like, a February 24, 2022 Page 55 common thing. MR. FUENTES: I understand. MS. CURLEY: But it would be different if his things expired two months ago and he's coming back asking for it now because he was too lazy to come. He's already being proactive already with a friend to help him. MR. WHITE: I understand the Board's deliberation and dialogue. But just as a matter of process, any of the board members are free to make any new motion they believe may be appropriate. Just because you voted against it doesn't mean you're locked in, is all I'm trying to say. MS. CURLEY: I make a motion for an extension of six months. CHAIRMAN KAUFMAN: We heard that motion. MS. CURLEY: I know. I want to make it again, because I think some of the Board didn't know that he bought the house under this condition. He's just trying to get it back into its -- CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Those opposed? Aye. MR. WHITE: Did we have a show of hands? I mean -- MR. FUENTES: I'm stuck in the middle here. I'm stuck in the middle here. MS. ELROD: Okay. My question, if we continue it, the fines February 24, 2022 Page 56 have not occurred yet, and that gives him six months instead of the other option where fines would disappear. MR. WHITE: I'm not sure in what regard you're suggesting it would be continued. MS. CURLEY: Amend it. MR. FUENTES: Let's do it for three months. Three months. Split it down the middle. Let's go for three. CHAIRMAN KAUFMAN: Three months as an extension or continuance? MR. FUENTES: Extension. MR. WHITE: So would the second -- would the motion maker withdraw the motion and the seconder agree? MS. CURLEY: Yes. MS. ELROD: Yes. MR. WHITE: Would you care to make a third motion? CHAIRMAN KAUFMAN: John? MR. WHITE: Anyone? MR. FUENTES: A motion that we give him an extension of three months. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries. Okay. You have three months, and then the case will be heard. February 24, 2022 Page 57 MS. CURLEY: And no fines until after 90 days. CHAIRMAN KAUFMAN: But in all likelihood, when you come back in three months, at that time fines can be imposed. MS. CURLEY: Because we've got to get that 58 bucks. CHAIRMAN KAUFMAN: It's not the $58. Okay. Thank you. MS. AGUILA: Thank you. MS. BUCHILLON: Next extension of time, No. 3, CEVR20200013095, KSWFL Homesites, LLC. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. KAYE: I do. MR. SHUTES: I do. CHAIRMAN KAUFMAN: Okay. Why don't we just start out putting your name on the record or for us, please. MR. KAYE: Good morning. I'm Stuart Kaye, and I represent the owner of the property, and this is our consultant. MR. SHUTES: Chad Shutes (phonetic). CHAIRMAN KAUFMAN: Okay. So you're a property owner, or you're representing the property owner? MR. KAYE: I am the property owner. CHAIRMAN KAUFMAN: Okay. All right. And you're asking for an extension of time? MR. KAYE: Yes. MR. WHITE: Similar to the last case, Mr. Chairman, the order required them to come into compliance by January 28th. MS. CURLEY: Yes; however, this case was heard last month and no one showed up, so we pulled it and brought it back. MR. HOLMES: Correct. MS. CURLEY: We were hearing the case without a -- because February 24, 2022 Page 58 I think the -- you had said that somebody was too busy or their baby was sick, and they couldn't come here. MR. HOLMES: Yeah, there was a representative who was unable to make it, but I think they'll explain a little bit more on that situation to be able to understand. MR. KAYE: Yes. CHAIRMAN KAUFMAN: Sue, move your mic closer to you. Okay. The floor is yours. MR. KAYE: Good morning, everyone. I have hard copies of the information that was sent to you electronically if anybody would care for that. CHAIRMAN KAUFMAN: I don't think they provided that to us. MR. KAYE: Okay, it did not get to you? It was only recently sent. CHAIRMAN KAUFMAN: We're not going to hear the case now. We just want to find out as far as your extension of time request. MR. KAYE: And I have a very brief summary with a backup if you -- CHAIRMAN KAUFMAN: That's fine. That's fine. MR. KAYE: Thank you. This matter's about a wetland violation that occurred on a 9.6-acre property just north of Collier Boulevard and west -- just north of Pine Ridge Road and west of Collier Boulevard. The violation occurred prior to our ownership of this property. We've been working super diligently with the county and the state to do -- to become in compliance first in terms of permitting with the county platting, which we have successfully done in this short period of time, which you have to appreciate in the county getting a re-plat of a property, subdividing the property into the four February 24, 2022 Page 59 two-and-a-quarter-acre parcels, which we have been successfully doing, and even before we closed on the property we brought in our environmental consultant to work with FDEP to get all the appropriate permits and to take care of everything. First, I want to just apologize. Our office, even though we didn't create it, we did get notice, and we had requested an extension. Unfortunately, that person was no longer with us, and we missed it. So we missed the hearing date. We totally blew it on our end, and I'm sorry about that. We have every intention to build on these homesites. All four homesites are contracted. One has been permitted and is at the county; just received approval. We're getting ready to start. The other three -- another one was recently submitted, and the other two will be submitted shortly. So we're attempting -- one of the two areas of compliance is taking care -- getting -- building the homes, getting the building permits, getting the COs all in compliance with county and FDEP regulations. CHAIRMAN KAUFMAN: So let me stop you one second. It says removal of native vegetation from an unimproved property without a building permit. Do you have a building permit on one of the -- or part of the -- MR. KAYE: Yes, sir. Yes, sir, we do. We have on one -- CHAIRMAN KAUFMAN: Okay. MR. KAYE: -- and we have submitted for another, and we have the other two right behind it. We also received, through our consultant on the environmental side that started right after we contracted still months before we closed on the property, of the four properties, two of them have FDEP exemptions. The other two are in the final approval process, and we should any day -- I think we're all aware, unfortunately, of the state taking over the 404s and the incredible delays that that's been February 24, 2022 Page 60 causing with FDEP. With that being said, we've been super diligent, and the approvals are pending. So when this comes out, kind of from a technical, although not necessarily legal perspective, we've done everything. We've gotten the approval of the FDEP for the mitigation to do all the things that they -- that they are, then, happy with. Just to summarize, we've been acting in good faith since day one since before we even closed on the property. I've been building here in Collier County for over 35 years. I don't believe I've ever come before the Code Enforcement before on an issue. So this is embarrassing and disappointing, particularly based on such a silly thing on our perspective that we missed the meeting. But we're, therefore, you know, respectfully requesting that you allow us to continue to move forward, take care of these things, withdraw our fines. And I will suggest, because of the reality in this environment -- CHAIRMAN KAUFMAN: Let me see if I can -- MR. KAYE: Yes, sir. CHAIRMAN KAUFMAN: -- get to the end quicker. MR. KAYE: Thank you. CHAIRMAN KAUFMAN: You're requesting an extension of time. How much time do you need? MR. KAYE: Well, in order to comply with the document, which is to have COs on all of our -- all four homes, I'm going to ask for 18 months, which is a long time, but I'd suggest progress reports on a regular basis so you know that we're moving forward, we're building the homes, we're getting everything done. CHAIRMAN KAUFMAN: The violation is a removal of vegetation. I don't know that we need to go to a CO -- MR. KAYE: Well, unfortunately, that's -- CHAIRMAN KAUFMAN: -- just to address the removal of February 24, 2022 Page 61 vegetation. Cristine? MS. PEREZ: For the abatement process, in order to abate the clearing violation, they're justifying the building that would allow one acre of clearing. CHAIRMAN KAUFMAN: That's if they apply for a permit. MS. PEREZ: As permitted, right. CHAIRMAN KAUFMAN: So by applying for a permit -- MS. PEREZ: But applying for the permit, the permit could always be abandoned, so that's why we follow it through until the inspections and CO is given. MS. CURLEY: Well, again, this is a case-by-case situation. We know Mr. Kaye. We know he builds in a lot of that area. He purchased this knowing he had this quagmire already happening. And we don't like it when land gets cleared. We don't care if you bought it afterwards. We don't like it. It's not fair. It creates a lot of issues. So now you're on the hook because they're going to be watching you when you replant that. So it's important. But I understand that you would have that stopgap language in there, but we don't need to carry on $200-a-day fines. It got you here, so thanks for showing this up month, but I don't know that we need to have this for two years while he finishes building his fourplex out in the middle of Golden Gates Estate. MR. HOLMES: One thing I may add -- and I know that I dissertated that to you as well. This affects -- because it started with this one parcel. Now we have four individual lots. The clearing at this time lies on Lots 2 and 3, so those would essentially be a prioritized area to abate the violation. Once those are fully CO'ed and approved properties, the violation is thereby gone. CHAIRMAN KAUFMAN: Do you have a -- MS. CURLEY: Right. But as for business -- I get that that's going to happen. But for business, this is a cloud for the buyers of February 24, 2022 Page 62 Lots 2 and 3. It's an issue. I know that's how it works, but it's not working for him right now. Just stating some facts. CHAIRMAN KAUFMAN: Okay. Your suggestion to us is to grant you more time with inspections going forward to follow your progress? MR. KAYE: Well, yes, but I must say Ms. Curley has a great comment that I did not think about, which is that while we're in this time period of building to accommodate the particular violation, there is arguably, you know, a cloud on their title, an issue that's outstanding. And so if there's a way that you could be comfortable that we're moving forward without, you know, waiting for the last CO, which we all know is at least a year and a half to two years away from now, that would be greatly helpful. MS. CURLEY: We could -- can we change the cookie cutter language in this just to obtaining permits and then that's -- MR. WHITE: There is a process, Ms. Curley, by which you could amend the order. It would be brought back at a subsequent agenda. Another option may be to rescind it completely and reissue it in particular now that there's the subdivision, if you will, into separate lots and have the violation apply specifically to those new legal descriptions and lots. MS. CURLEY: Has it been subdivided? MR. HOLMES: Yes. MS. CURLEY: Well, that makes sense. CHAIRMAN KAUFMAN: Do you want to work on that language? MR. WHITE: Well, my recommendation would be to consider an extension to allow that time, let's say for the next 30 days, so that the county can reconfigure what it may choose to do with the case or cases going forward. They may, for example, bring back something to amend it, as was suggested by Ms. Curley, or as I'm suggesting to February 24, 2022 Page 63 potentially rescind it and reissue the case. Those wouldn't necessarily have to be the only options. But if you give an extension for 30 days, I think that gives the county staff time to decide what it is may be in the best interest of gaining compliance in this matter. CHAIRMAN KAUFMAN: Cristine, could you pull this case -- MS. CURLEY: Pull it? CHAIRMAN KAUFMAN: -- for 30 days? MR. WHITE: Well, you effectively have that request from the respondent at this point, and if you were to make a motion and grant 30 days, that would be the same, in essence, as tabling it for 30 days or the county withdrawing it. The county has no authority to withdraw a respondent's petition. MS. CURLEY: Or we could just rescind it. MS. PEREZ: The respondent's request. MS. CURLEY: Make a motion to rescind and then vote, and then that takes care of that. Then the county doesn't have to deal with that, and then we can make a new stipulation stating that Lots 2 and 3 are the only ones that apply, and when the permit is issued, then we're done here. CHAIRMAN KAUFMAN: I think it's easier for the county to just pull this case and put it back on the agenda for a future date. MR. WHITE: As I said -- MS. CURLEY: He just said he can't do that. MR. WHITE: You have a request from the respondents to extend it. The county, I don't believe, has discretion, if you will, to withdraw it per se. CHAIRMAN KAUFMAN: They have the discretion to pull this case. MS. PEREZ: In this case, the case is only on the extension request from the respondent. So if the Board wishes to continue it February 24, 2022 Page 64 into the next hearing, then the county can review the suggestions of the Board's attorney. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And, additionally, Mr. Kaye is the quote-unquote respondent, and if he chooses to withdraw his motion from the agenda, that's up to him. He can do that. CHAIRMAN KAUFMAN: He's not here to make motions. We are. MR. WHITE: But he can ask you to allow it to be withdrawn, which is what I believe you desire. CHAIRMAN KAUFMAN: Yes. MR. WHITE: And that would be the proper process to do what you wish to do. CHAIRMAN KAUFMAN: It's not a motion from the respondent. It's a motion from the Board or a request from the Board to the county to pull this until the next meeting. MR. KAYE: But if it helps, I can rescind my request for an extension, if it helps to accomplish what we're -- CHAIRMAN KAUFMAN: I don't think it has anything to do with it, to be honest with you. MR. WHITE: Certainly it does because, otherwise, there would be a violation of due process. If he's willing to have it withdrawn, then you can move to amend your agenda and have it withdrawn with the county agreeing to it. That would be the proper process. CHAIRMAN KAUFMAN: Cristine, can you pull this case, put it on the agenda for next month? MS. PEREZ: If the Board wishes to grant Mr. Kaye's request to withdraw his extension request today, is that what I'm understanding, Mr. Kaye? MR. KAYE: Well, I'm trying to -- we're all trying to work February 24, 2022 Page 65 together to help, and I appreciate that. And I hear that that might help us be able to move forward together. And I can't say I'm 100 percent certain of that, but if that's the case and it helps us all to get where we think we're trying to go, I'm more than willing to do that. MS. CURLEY: Well, excuse me. It sounds great, but it still doesn't change the fact that we have language here that's holding him back for two years from once he permits all of his four things. So why don't we just stick to the problem we're trying to fix, which is to make it so once he gets a permit for Lots 2 and 3, then he's out of here, and he -- then the county can babysit him on when he plants the trees back, and it's not our thing. CHAIRMAN KAUFMAN: I don't agree with you. MS. CURLEY: No, but you're going about it, like, 18 different ways. CHAIRMAN KAUFMAN: We're asking our attorney if he could put the language together to do just that. MS. CURLEY: But he said we could just terminate this stipulation. MR. WHITE: No. What I actually said was -- and if I misspoke in terms of what was understood, I apologize. What I said was that it could come back next month because that request that you want to make a motion for is not on the agenda today. There is no item scheduled to rescind or amend the existing order. There is simply a request from the respondent to extend the time to come into compliance. And my point, I think, that's the easiest way to cut this Gordian knot is to make a motion for a 30-day extension and let the county decide, talking with the respondent, about what they want to bring back to you next month. It could be a motion to rescind. It could be a motion to amend. February 24, 2022 Page 66 MR. FUENTES: I make a motion -- MR. WHITE: It could be a motion to impose. MS. ELROD: Second. MS. CURLEY: Second. THE COURT REPORTER: I didn't hear the motion. MR. FUENTES: Motion to grant the 30 days. MS. ELROD: Second. MS. CURLEY: And I hope that the county corrects the stipulation and brings us back one that will work for a builder, not for this very generic language. MR. WHITE: And I'd be happy to work with the county and the County Attorney's Office in that regard. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. KAYE: Thank you. May I make just one final quick comment thanking everybody, but you had mentioned, Ms. Curley, that this was something that we knew about, and I just wanted to let you know that we contracted it February 1, and I included in your packet a September 15th email from the seller's representative talking about, yesterday the owner met with the land clearing company to get a quote to remove invasive Brazilian pepper. They considered this land upland as well. And I highlighted that for you. So we did not know until sometime later that we engaged our consultant, and he told us about a violation that was occurring. February 24, 2022 Page 67 Everything else we're all together. And, again, I'm sorry we stupidly missed the last meeting. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Terri? We're going to take a 10-minute break for our court reporter to rest her fingers. (A brief recess was had from 10:41 a.m. to 10:53 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Our next case is? MS. BUCHILLON: Under extension of time, No. 4, CESD20210000507, Rainer Rizo. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. MR. MIGAL: I do. MR. RIZO: I do. MR. AVILA: I do. CHAIRMAN KAUFMAN: If you want to place the microphone up higher; you're taller than the previous inhabitants of that area. Could you state your name on the microphone for us, please. MR. AVILA: Andry, A-n-d-r-y, A-v-i-l-a. MR. RIZO: Rainer Rizo. CHAIRMAN KAUFMAN: Okay. Will you both be testifying? MR. AVILA: Here to interpret. CHAIRMAN KAUFMAN: Ah. You need to be sworn in as an interpreter. THE COURT REPORTER: Do you swear or affirm that you will translate from English to Spanish and Spanish to English to the February 24, 2022 Page 68 best of your ability? MR. AYASUN: I do. CHAIRMAN KAUFMAN: Okay. Why don't we just start out with you're requesting an extension of time. Can you give us some -- MR. AVILA: So he's requesting an extension of time. Originally he -- the last time that he was here he started the process. Then there was a hold put in on his case a month after his permit was issued, and he didn't know about it. He was trying to call and trying to get inspections set up and everything, and he just kept not going through it. Then a while later then he reached out to someone else, and then he find out about that hold. After that he was able to move forward. The engineer that he hired, unfortunately, passed away after that, and that kind of put him down to ground zero. And with that, all that also, he have lost his job -- he's a truck driver locally but, unfortunately, he had to move out of town -- I mean, go out of town for work, and that kind of also placed him in a tough situation to be able to meet the deadline and get all the work done. The work had been started. He had, you know, holes in the walls and make sure that inspections with an engineer had already started and everything but, unfortunately, with the engineer passing, that kind of put him -- CHAIRMAN KAUFMAN: When did this case begin? MR. MIGAL: It's from 2021. The date of service was March 16th of '21. CHAIRMAN KAUFMAN: So we're at about a year? MS. CURLEY: So it's permit by affidavit, is that what they're trying to get, because the work is complete? MR. MIGAL: Correct. February 24, 2022 Page 69 CHAIRMAN KAUFMAN: The garage conversion, who did the garage conversion, or did you buy the house and it was already converted? MR. AVILA: No, it was -- it was a garage when he bought the house, so he converted it. CHAIRMAN KAUFMAN: It was a garage when he bought the house. MR. AVILA: Yes. CHAIRMAN KAUFMAN: And then he is converting it? MR. AVILA: Yes. CHAIRMAN KAUFMAN: He can't do an affidavit because of that. That's to begin with. Is the garage occupied? MR. AVILA: No, no. CHAIRMAN KAUFMAN: Okay. So in one year, what's happened to get this resolved? You were notified one year ago to get this permitted; is that correct? MR. FUENTES: Rick, did he already obtain permits, or are there any permits in progress? MR. MIGAL: Unfortunately, the permit that he had for the work expired just a couple of days ago, and his explanation was he knew he was coming here, so he wanted to see what the result was going to be before he went. But he's going to go and get it renewed. MS. CURLEY: Yeah. I wonder, too, when they talked about the permit was on hold, what exactly are they talking about? MR. MIGAL: There was corrections that needed to be done, and either he missed the corrections letter or didn't understand it. This is, unfortunately, another case that I've inherited in the last 30 days that much of the history of the case is prior to my being involved. CHAIRMAN KAUFMAN: Cristina? February 24, 2022 Page 70 MS. PEREZ: If I may, also because of translation barrier, I've assisted with this case. So let me know if I miss anything from the progress that he's made. The permit was issued to him in August of 2021. He came to you to ask for a continuance on his case because, when he started calling in the inspections, they all failed. Due to him having been the person who did the alterations, he had to expose the work in order for the county to be able to do the inspections, which he did. You know, he -- his translator testified that he opened the walls and whatnot to do the inspections. When he called in the inspections, it was on hold. He contacted me. I contacted Building Department. And in September there had been another review of his permit for I don't know what reason. And there's an inspection hold because during the original review process we did -- there's a window that faces the enclosed lanai and not the exterior. So there was an inspection hold placed for an egress revision, but he was not made aware of it, according to my conversation with him, because it was after his permit was issued that it was found. If -- you know, he contacted us because of the inspection hold. Since then, unfortunately, he has the same engineer that the other gentleman that came before you had before where I even -- he asked me to make a phone call for him. He says, I don't know why he's not answering me. Can you call? I called, unable to leave a message until he came back from California from his work travels that he personally went to the office and found it closed, and the neighboring unit is the one that told him he passed away. So the county needs him to now get a new engineer, submit for a professional change so that he can have a new engineer make that revision to that room that's existing to the house, and he needs to make a new window, basically, and then -- February 24, 2022 Page 71 MS. CURLEY: Install a new window? MS. PEREZ: He needs to install a new window on his home. Because of the lanai being enclosed, it doesn't have proper egress and ingress according to the requirements of the Florida Building Code. MS. CURLEY: That's it? MS. PEREZ: And that's the one revision he needs to make to his plans, so he'll have to, you know, resubmit for that revision, the county approve it, and then he will -- you know, then it would lift the inspection hold so that he can call in the inspections. CHAIRMAN KAUFMAN: When was he told that he needed that window modified? MS. PEREZ: I know it was before this letter. It was in the last 30 days at most, 45 days. CHAIRMAN KAUFMAN: Okay. So my question is, how much time do you think you need to get everything -- all your ducks in a row to get this done? MR. AVILA: He's thinking that he can get it done probably within the next six months. CHAIRMAN KAUFMAN: Six months? MR. AVILA: Yes. CHAIRMAN KAUFMAN: To do a window? MS. CURLEY: I mean, when you work five days a week... MR. AVILA: And he's getting the engineer and everything involved. He got a new engineer involved and getting everything situated. MR. WHITE: And just as a point of information, Mr. Chairman, for the Board, a permit by affidavit is maybe not the most accurate way to describe it. But an engineer, under the building code, is entitled to be able to submit the inspections that the county otherwise would perform and do so by affidavit, and that would be acceptable. It's ultimately up to the building official. February 24, 2022 Page 72 MR. FUENTES: Question: Is he doing the window himself, or is he hiring a contractor to do the window? MR. AVILA: No, he's -- he's going to use the same contractor that he's going to use for that. CHAIRMAN KAUFMAN: And the contractor has said it could be done in how long? MR. AVILA: He is just getting to get the contractor and kind of getting the contractor involved in what's going on. So the contractor hasn't given him a day, but he's just saying -- because it's going to be -- this is -- he's just basically now ground zero, that he's just going to take a little while, and that's why he's saying that probably. MS. CURLEY: He's back to square one, and the good answer is that he's going to have the contractor do the window, because that's the way it needs to be done. MR. FUENTES: The problem is windows take a long time, too. They've got to be retrofitted and everything, so it's -- MS. CURLEY: Unless he can buy one. MR. FUENTES: Six months. MS. CURLEY: Six months for sure. MS. ELROD: Is that your motion? MS. CURLEY: Does the county have any opinion on this? MS. PEREZ: Just to add, this case is accruing the daily fines. MR. FUENTES: Yes. MS. CURLEY: So could we please make sure that he understands what that means at the end of this? MS. PEREZ: Will do. MS. CURLEY: I'll make an extension -- I mean, I'll make a motion to continue for six months. CHAIRMAN KAUFMAN: With -- MR. FUENTES: Second. February 24, 2022 Page 73 CHAIRMAN KAUFMAN: I'll second that, but I want to explain one thing. The fines continue to accrue, which means if you get it done in one month, it's to your advantage to get this resolved at that time, because if you wait seven months, the fines are going to be huge. Okay? MR. AVILA: He understands. CHAIRMAN KAUFMAN: He understands, okay. We have a motion. MS. ELROD: Second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months -- MR. AVILA: Thank you. CHAIRMAN KAUFMAN: -- but I suggest that you get this resolved as quickly as possible so that your fines don't continue to get out of hand. You'll be back before us when the imposition of those fines comes before us. THE INTERPRETER: Thank you, sir. MR. AVILA: Thank you. MR. RAINER: Thank you. I wound up with a pair of glasses. Should I try them on? They're Coach. MS. CURLEY: Don't put them on your big head. You'll break February 24, 2022 Page 74 them. CHAIRMAN KAUFMAN: Has somebody lost their glasses? MS. ELROD: Where did he find them? CHAIRMAN KAUFMAN: Right here. MR. FUENTES: We'll just impose a fine on the owner. We'll impose a fine on the owner. CHAIRMAN KAUFMAN: Absolutely. MS. CURLEY: Fifty-eight dollars to get these back. CHAIRMAN KAUFMAN: 59.28. Okay. Next case. MS. BUCHILLON: Next case on the agenda, under public hearings, D, hearings, No. 16, CEAU20210011467, Nelson Martinez and Ada M. Diaz. 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. MARTINEZ: I do. CHAIRMAN KAUFMAN: Okay. Ricky? MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CEAU20210011467 dealing with the violation of the Collier County Land Development Code 04-41, as amended, Section 5.03.03.B, leasing or renting of a guesthouse facility located at 871 Fifth Street Southwest, Naples, Florida, 34117. Folio No. 37162680001. Service was given on November 12th, 2021. A complaint was made to the Code Enforcement Division that a guesthouse was being rented on an Estates-zoned property. I conducted an initial inspection on November 10th, 2021, and met with one of the -- with one of the owners, Mr. Nelson Martinez, and his associates, a woman named Leipzig (phonetic) and her son, February 24, 2022 Page 75 Lazaro, who escorted me around the property to the guesthouse. During the inspection, I was not allowed access into the guesthouse, but the owner confirmed the tenants were occupying it for a rental fee. At that time, I also observed cars parked adjacent to the guesthouse and people entering and exiting the building. On a subsequent inspection, I did gain access to the guesthouse and observed that it is still occupied. At that time, the property owner's associates changed their claim asserting that the tenants were direct relatives of Mr. Martinez but offered no proof of such. In January of 2022, contact was made with the property owner's son, David Martinez, who gained guardianship and power of attorney over his father, Nelson Martinez. David has stated to me he has been attempting to resolve the rental situation to vacate the tenants, but as of today, the violation remains. I would like to now present case evidence in the following, which would be four pictures taken by myself on January 28th of 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MARTINEZ: I have not, I don't think. MR. MIGAL: You were with me when I took them. MR. MARTINEZ: Okay. Yeah, I've seen those. CHAIRMAN KAUFMAN: No objection? MR. MARTINEZ: No, none whatsoever. MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. And a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. February 24, 2022 Page 76 CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MIGAL: So this is the guesthouse. CHAIRMAN KAUFMAN: Could you drop back to the first picture. This is on Fifth Avenue? Is that all paved in the front of the house? MR. MIGAL: I'm sorry. I can't hear. CHAIRMAN KAUFMAN: Is that all parking lot? MR. MIGAL: It's all paved. CHAIRMAN KAUFMAN: It's all paved. MR. FUENTES: And it's boarded up at this time? MR. MIGAL: I viewed that as hurricane protection. It's not boarded up. It's being currently occupied. MS. CURLEY: I view that as a -- MR. FUENTES: But it's boarded up, and we haven't had a storm since 2017. MS. CURLEY: Yeah. It's ingress/egress. If there's a fire, they can't get out. MR. FUENTES: So it's a safety hazard when it comes to that as well, and she's correct. It's a safety hazard. CHAIRMAN KAUFMAN: Okay. Next picture. Same. The car that's parked -- go back one notch. The car that's parked there, does that belong to the people who are renting that building? MR. MIGAL: Best of my knowledge, yes, I've seen them come out and go into that car. CHAIRMAN KAUFMAN: Okay. Next. I see that the storm February 24, 2022 Page 77 shutters are partially up on the window on the right. Okay. And that's a picture from the neighbor's yard. MR. MIGAL: No, that's the back of that building, like the backyard, so to speak. CHAIRMAN KAUFMAN: The fence there is between -- MR. MIGAL: The fence is -- there's a -- that paved area goes along the left side of the property and goes behind it as well, and there's another large pad that's paved behind that property that was, at one point, part of another case where the tenant was doing auto repair on the property. That's all since been resolved. CHAIRMAN KAUFMAN: Okay. Okay. Is that -- is that is it for the pictures? Okay. MS. CURLEY: I have a question just to the county. How many structures are -- livable structures are on this piece? MR. MIGAL: There's a main house and a guesthouse. CHAIRMAN KAUFMAN: Was the guesthouse permitted? MR. MIGAL: The guesthouse was permitted as a single-family unit. There's yet another case on this property about the fact that it was subdivided into a duplex, and that case is still open. MS. CURLEY: So is this a duplex guesthouse? Is there multiple tenants? MR. MIGAL: At the moment, yes. MS. CURLEY: Really? CHAIRMAN KAUFMAN: Okay. I'm a little bit unfamiliar with -- since they changed it, they have changed it, the rules on rental properties. MS. PEREZ: Sure. I have the ordinance available that we could put up for review. CHAIRMAN KAUFMAN: That's the one that was just passed this year? MS. PEREZ: Well, that is in regards to short-term rental. February 24, 2022 Page 78 There is a section in the Land Development Code that prohibits a property owner from renting the guesthouse in general. It is to be used, obviously, for the family's purpose, you know. So, you know, if they rent the guesthouse to a single-family -- or if they rent -- I'm sorry -- the main dwelling to a single family, then their guest or their kids or, you know, whomever can live in the back guesthouse, where if it's the owner, then his guest could live. But in this case, someone occupies the main structure, and then someone else occupies the rear guesthouse, which is the code violation. CHAIRMAN KAUFMAN: Unrelated people? MS. PEREZ: Unrelated. MS. CURLEY: Guesthouses. CHAIRMAN KAUFMAN: Okay, sir. Your turn. THE COURT REPORTER: Your name? MR. MARTINEZ: David Martinez. I'd like to read something that I prepared just to go ahead and explain the situation here. And I've noticed that look of disdain. It's not on me yet. Prior to becoming fully incapacitated, my father had asked me to investigate and put together all documentation to approach the district attorney and Financial Crimes Division about indicting several people whom he felt had been exploiting and taking advantage of him and embezzling funds. Among those are Roberto Sanchez; Nelson Martinez, Jr., my brother; Milagros Bonitez; and the latest gold digger, Leipzig Moderos (phonetic). In each case, I found evidence of impropriety and outright theft. Some of these events were clearly manipulative in nature while, in other incidents, details of the transactions were unknown to my father, but he knew that his accounts didn't balance as they should. I mention these because Roberto Sanchez is Ava Diaz's plenary February 24, 2022 Page 79 guardian. His mother is Ava Diaz' sister. So he is Ava's nephew. It will all come together in a minute. Roberto Sanchez was suspected of misappropriating or embezzling about $250,000 plus from my father. After multiple attempts to reach out to him and his mother, neither Mr. Sanchez nor his mother have acknowledged nor returned my calls nor responded to texts or various attempts to reach them in person at their residence in Miami Lakes. CHAIRMAN KAUFMAN: Their residence where? I didn't -- MR. MARTINEZ: Miami Lakes. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: There's no shortage of people standing in line to exploit my father. My father's got a good heart despite having a rather long and sordid history of philandering. Apparently nobody told him that once he got into a committed relationship, he was supposed to stop dating. This has led to an abundance of scorned women who seem to have a -- just leave a wide swath of carnage in their wake, like a Cat 5 hurricane headed for a trailer park. And while hell hath no fury -- I'm getting there. MS. CURLEY: Can we just clean this up a little bit? MR. MARTINEZ: Sure. Sure. My father has been deemed incapacitated. MS. CURLEY: That's all I want to know. MR. MARTINEZ: Okay. CHAIRMAN KAUFMAN: I guess the question comes, are -- the people who are living in that building, are they relatives? Are they family? MR. MARTINEZ: Asking my father, who has dementia, and an advanced case of dementia, is pretty much useless. Asking the woman, she tells me that her father and my father's father were February 24, 2022 Page 80 brothers. I have absolutely no way of verifying that. None. MR. FUENTES: Neither do we. MS. CURLEY: And also it's an illegal guesthouse anyways, because it's been altered to accommodate two families. And so who's occupying it right now, I don't really care. MR. MARTINEZ: And I totally agree with you. I want to empty the entire property and go ahead and get it cleaned up. My problem with this -- MS. CURLEY: You're not helping us, because whatever you just read to me, I don't even understand, like, what you just gave us. MR. MARTINEZ: Because you didn't let me finish. MR. WHITE: Let me just, if I may, Mr. Chairman. This case is simple in terms of what's alleged as a violation, and it is what was on the screen before, which is the leasing or renting a guest accommodation facility. That, in and of itself, regardless of who the tenants or occupants may be legally or illegally occupying, the fact that it's being leased or rented -- CHAIRMAN KAUFMAN: Is the violation. MR. WHITE: -- is the violation. CHAIRMAN KAUFMAN: I understand. MR. WHITE: And I understand, you know, the information that the respondent would desire to present relative to relatives or nonrelatives, but I would tell you that I don't believe it's relevant and, therefore, it's not the type of competent or substantial evidence upon which you could base a finding of violation. CHAIRMAN KAUFMAN: Okay. John? MR. FUENTES: The question would be, did -- have you taken any measures to begin the eviction process? I know that during COVID there was a time that eviction was not allowed. But if you had something to present and said, hey, you know, I filed something with the system, you've got an eviction in process, I've taken the February 24, 2022 Page 81 measures necessary. That would be something different, but... MR. MARTINEZ: I received plenary guardianship of my father February 2nd, 2022, which is a few weeks back. Since then, my mother passed away, and I've been in Atlanta taking care of a few things. I'm not looking for a sympathy vote. All of this needs to be resolved, I agree 100 percent. I have no problems with it whatsoever. But I also have a certain amount of compassion for people who are telling me they can't find anyplace else to move. I'll be happy to file an eviction, but -- MR. FUENTES: You shouldn't have compassion for those that are causing you harm. Your initial statement was they were harming you guys. MR. MARTINEZ: No, they're not harming me, and they're not harming my father. My father had other gold diggers that were causing the problem. The issue with this property in particular is that my father is married, and she has also been termed -- or deemed incapacitated. MS. CURLEY: You said she just died. MR. WHITE: That was mother. MR. MARTINEZ: No, I said my mother died. MS. ELROD: Not his wife. MS. CURLEY: This is a lot of information. MR. MARTINEZ: It really is, and it's quite confusing. MS. CURLEY: I make a motion that a violation exists. MR. MARTINEZ: Okay. MR. FUENTES: Second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. February 24, 2022 Page 82 CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, what are we going to do about it is the question. Do you need some time to have that -- MR. MARTINEZ: Yes. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: A decade or two should suffice. CHAIRMAN KAUFMAN: Well, that's probably not in the offing. I don't know if God would give me a decade or two to live, much less you clear out the house, so let's -- MS. PEREZ: If I may, I could place the recommendation -- the county's recommendation on the screen. CHAIRMAN KAUFMAN: I'll get to that. So that's what -- we're going to ask the county for their recommendation, and we go from there. MR. MARTINEZ: Perfect. CHAIRMAN KAUFMAN: Rick. MR. MIGAL: That the Code Enforcement Board orders the respondent to pay all operational course -- costs, sorry, in the amount of $59.21 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1: Must cease and desist the renting of the guesthouse facility located on the subject property within blank number of days of this hearing, or a fine of blank amount will be -- 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 February 24, 2022 Page 83 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 out the blanks? MS. CURLEY: I just have a question. So are you guardian to your father at this point? MR. MARTINEZ: I am his plenary guardian at this point. CHAIRMAN KAUFMAN: As of this month. MS. CURLEY: The courts -- MR. MARTINEZ: As of February 2nd. MS. CURLEY: And the Court has deemed that? MR. MARTINEZ: Yes, yes. That order was signed February 10th by Judge McFee. MS. CURLEY: Okay. Good job. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: Thank you. CHAIRMAN KAUFMAN: Anybody want to fill out the blanks? If not, I'll fill them out. MR. FUENTES: I think 90 days is a lot. MS. CURLEY: Me, too. CHAIRMAN KAUFMAN: 59.21 to be paid within 30 days, 60 days to abate the situation, or a fine of $200 a day. MS. CURLEY: I also want to mention that there's a -- CHAIRMAN KAUFMAN: Let's see if we have a second. MS. CURLEY: -- health/safety issue there, because we don't know what they've done to the insides of this to split the power, to share water. I mean, obviously, there's two kitchens. February 24, 2022 Page 84 MR. FUENTES: The boarding as well is another concern. CHAIRMAN KAUFMAN: That's a different -- we're voting on this particular case, so... MS. CURLEY: Could we add -- CHAIRMAN KAUFMAN: Let's finish the motion. Is it seconded or not? MS. CURLEY: Well, I wanted to know if we could add a 3, that the property be vacated right away and the county put a "do not occupy" or whatever you guys do because of the unsafe -- MS. PEREZ: The other permitting case will be brought to you next month. MS. CURLEY: Oh. MR. WHITE: And I would caution the Board members to try to keep the threads separated, I think, as much as I would desire to say -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- in reference to -- CHAIRMAN KAUFMAN: Do we have a second on the motion? MR. AYASUN: Second. CHAIRMAN KAUFMAN: It's seconded. Okay. Let me repeat that. $59.21 to be paid within 30 days, 60 days to resolve the situation with the folks that are living in that facility, or a fine of $200 per day. MS. ELROD: I have a question. CHAIRMAN KAUFMAN: And your question is? MS. ELROD: How long does the eviction process take for him to do it legally? That 60 days might not be sufficient. MR. WHITE: One manner in which it could be, quote, ceased renting is they do not collect rent. MS. CURLEY: This is -- February 24, 2022 Page 85 MR. MARTINEZ: I haven't collected rent at all. MS. CURLEY: This is a stipulation that doesn't work because the out is that they can just live there for free. CHAIRMAN KAUFMAN: So it would be in the respondent's best interest -- MS. CURLEY: So we're not accomplishing anything right now. CHAIRMAN KAUFMAN: -- is to have them removed from the property. MS. CURLEY: That's why we should have a 3, that the water and power should be turned off. We do that a lot. Okay. Let's not talk about the other case that you have, which is whatever the other case is that we'll see in a month. CHAIRMAN KAUFMAN: Why don't we leave that to -- MS. CURLEY: How about the life safety? We would often say turn the water and the power off, pull the breaker. CHAIRMAN KAUFMAN: Why don't we leave that up to the discretion of the owner of the property to have those people removed. MS. PEREZ: Yes. Because, unfortunately, if the people -- if he doesn't go the legal route to legally remove them through an eviction process and he takes the initiative to disconnect water and electricity, then he's in violation of the property maintenance code. CHAIRMAN KAUFMAN: Okay. So we have a motion -- MS. CURLEY: Then it's a fire hazard. CHAIRMAN KAUFMAN: We have a motion; we have a second. Any other discussion on the motion? MS. ELROD: My only discussion was, is 60 days sufficiently enough time for him to legally evict them? MR. FUENTES: I believe it would give sufficient amount of time to begin some sort of process and present it to us showing that there has been an attempt to comply. February 24, 2022 Page 86 MS. ELROD: Okay. MR. MARTINEZ: Can I go ahead and throw one more thing out there? CHAIRMAN KAUFMAN: Well, we want to vote on the motion first. MR. MARTINEZ: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. Yes, sir. It passes. MR. MARTINEZ: My father is married. His wife has a different plenary guardian than I do who is not responding to me, who I have no way of knowing what I can do with the property, what I can't do with the property. I'm dealing with my attorneys to go ahead and try and figure it all out. But can I act individually without his response? MS. CURLEY: Go through your attorneys. CHAIRMAN KAUFMAN: Yeah, work through your attorneys. Tell them that you came before the Code Enforcement Board. We've provided 60 days to resolve the situation. If you explain that to him, they can go forward from that. If for some reason you can't receive their exit by the dates that we have, I'm sure you could come back to the Board and explain the situation, and we go from there. February 24, 2022 Page 87 Yes, sir. MR. WHITE: Just one point of information. I don't know the answer. One of the two respondents that we presume is entitled to the property is named Ada Diaz. MR. MARTINEZ: Correct. MR. WHITE: Is that the woman you referred to as -- MR. MARTINEZ: That is the one who is incapacitated. MR. WHITE: Okay. Then, clearly, your conversation with the other guardian's attorney is that they, too, will be subject to these costs for fines if they're imposed. MR. MARTINEZ: Okay. MS. CURLEY: And just make sure with the county that you receive this mail. This mail's going to the address that's on the county website. MR. MARTINEZ: Right. MS. CURLEY: Do you want to -- MR. MARTINEZ: It's currently going to my father's address, which is the 871 Fifth Street. MS. CURLEY: I'm just saying you make sure that comes to you; you get it. CHAIRMAN KAUFMAN: Let's see. Can you copy the respondent on any correspondence going forward? MR. MIGAL: Absolutely. CHAIRMAN KAUFMAN: Okay. That will take care of that problem. MR. MARTINEZ: I'm not sure how I go ahead and notify the other party, though, Ada Diaz's plenary guardian. MS. PEREZ: If you'd be happy to provide us any contact information, we'd be happy to also provide them copies of the orders or make contact with them as well. MR. MARTINEZ: Okay. That works. February 24, 2022 Page 88 CHAIRMAN KAUFMAN: Okay. MS. ELROD: Good luck. CHAIRMAN KAUFMAN: Well, good luck in what you do. Thank you very much. MR. MARTINEZ: Appreciate it. CHAIRMAN KAUFMAN: Thank you, Rick. We're next. MR. FUENTES: Busy. CHAIRMAN KAUFMAN: Next case. Oh, you're still here. MS. CURLEY: I thought you said we were going to hear this case next month. MS. PEREZ: This is a litter case. MS. BUCHILLON: Next case is No. 17, CENA20210010881, Nelson Martinez and Ada M. Diaz. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Are we still under oath? CHAIRMAN KAUFMAN: Do you want to be sworn in again or, Terri, are you happy? Terri's happy. I'm happy. You're happy. (Mr. Migal and Mr. Martinez were previously duly sworn and indicated in the affirmative.) MR. MIGAL: Okay. This case is in reference to Case No. CENA20210010881 dealing with the violation and violations of Collier County Code of Laws and Ordinances, Chapter 54, Article 6, Section 54-179, garbage and trash throughout the property located at 871 Fifth Street Southwest, Naples, Florida, 34117. Folio 37162680001. Service was given on November 9th, 2021. This case was generated as a complaint to the Code Enforcement Division regarding litter and debris throughout the property. I conducted the initial inspection on October 27th -- 22nd of 2021, was not able to observe from a legal vantage point most of the litter that February 24, 2022 Page 89 was described. I left a door tag for the owner/occupant to contact me. I received a call from a young man named Lazaro who advised me he was contacting me on behalf of the owner, Mr. Nelson Martinez. Meeting arrangements were made to meet at the property at a later date, as Mr. Martinez was living in Miami. On November 2nd, 2021, I met with one of the property owners, Nelson Martinez, and his associates, a woman named Leipzig, and her husband, Lazaro. I was escorted through the property and allowed to take pictures of significant amounts of litter and other materials strewn throughout the property primarily behind the main house. Lazaro had initiated cleanup processes until early January twenty twenty-second [sic] when the owner's son, David Martinez, gained guardianship and power of attorney over his father only, Nelson Martinez. David continued to work on the cleanup process and has made significant progress. Due to the amount of litter, however, as of yesterday's inspection, the violation does remain. I would like to present case evidence in the following exhibits: Two pictures taken on November 3rd, 2021, and three pictures taken on December 9th, 2021, and all pictures were taken by myself. CHAIRMAN KAUFMAN: You have no pictures that were taken yesterday? MR. MIGAL: I do. I didn't enter them in the case. They look identical to the pictures that were already in the case because nothing's moved. CHAIRMAN KAUFMAN: So you said that they cleaned up some stuff, or very little? MR. MIGAL: Well -- MS. CURLEY: Let's see the pictures. MR. MIGAL: It's a little complicated, because Lazaro took a bulldozer to a bunch of things that were part of another case, the car February 24, 2022 Page 90 repair. He created more, and that got cleaned up, but some of the original things that I took pictures of did not. So stuff that was there originally is still there. Stuff was created while he was trying to fix other cases, and so -- CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MIGAL: He was with me when I took the pictures. CHAIRMAN KAUFMAN: Okay. Do you have any objection to those photos? MR. MARTINEZ: No, it's all good. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. FUENTES: Second. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. Motion and second. All those in favor? MS. ELROD: Aye. 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. MS. CURLEY: Is this a complaint by a neighbor; do you know? MR. MIGAL: It's an AIMS case. We don't know exactly who made the complaint. We have ideas. CHAIRMAN KAUFMAN: It wasn't a driveby by a Code Enforcement officer? February 24, 2022 Page 91 MR. MIGAL: It was not. CHAIRMAN KAUFMAN: Okay. That kind of answers that question. I'd ask what some of that stuff is, but I probably don't want to know. MR. MIGAL: I couldn't tell you. CHAIRMAN KAUFMAN: It's stuff -- MS. CURLEY: Is that container occupied, that blue thing? MR. MIGAL: It was for storage. That was where the auto repair business was being run. That was his, quote-unquote, office, I believe. CHAIRMAN KAUFMAN: Is that a tank there that I'm looking at? MR. MIGAL: Some kind of a storage tank there for water. MR. FUENTES: Water tank for the Estates. CHAIRMAN KAUFMAN: Okay. How large is this parcel? MR. MIGAL: This is -- is that five acres? Two; two and a half acres. MS. CURLEY: Very small. MR. MIGAL: There's more. I apologize to the Board. CHAIRMAN KAUFMAN: That's fine. MR. MIGAL: I had 12 more pictures. MS. CURLEY: That's all right. CHAIRMAN KAUFMAN: I think we've seen enough to know whether a violation exists or not. MS. CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) February 24, 2022 Page 92 MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Violation exists. I'm going to come back to ask your solution, but I'd like you to talk to us, if you have anything to say. MR. MARTINEZ: It looks like hell. CHAIRMAN KAUFMAN: Okay. And do you have a solution for us, Rick? MR. MIGAL: Yes. 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, removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store desired items in a completely enclosed structure within blank number of days of this hearing, or a fine of blank amount will be imposed for each day the violation remains; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? Anybody want to fill in the blanks? MR. FUENTES: I'd like to suggest 30 days. MS. CURLEY: I'll second that. February 24, 2022 Page 93 CHAIRMAN KAUFMAN: Okay. Thirty days, and how much of a fine after 30 days? MR. FUENTES: Three hundred. MS. CURLEY: Sounds good to me. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: One opposed. Okay. MS. ELROD: My question is you've only just acquired this property two weeks ago. MR. MARTINEZ: Yeah, that's not enough time, but okay. I'll do the best I can. MR. FUENTES: You do have a bulldozer, correct? MR. MARTINEZ: I do not. MS. ELROD: His brother did. MR. MARTINEZ: No, no, not my brother. Not my brother. MS. ELROD: Okay. MR. MARTINEZ: Lazaro is the son of the woman who was exploiting my father. MS. ELROD: That built the shop and was running it? MR. MARTINEZ: No, no. MS. ELROD: Somebody else. MR. MARTINEZ: That's somebody else altogether. February 24, 2022 Page 94 CHAIRMAN KAUFMAN: If you need additional time and you come back and say, this is what I've done, or this is what has been done to start the removal of this material, I'm sure that the Board would be more than happy to grant additional time. MR. MARTINEZ: I am trying to go ahead and get things done as quickly as possible. I live out of state. This is not my backyard. So it's been challenging. CHAIRMAN KAUFMAN: I can understand. MR. MIGAL: If I may. I've been working with him now for two months on this, roughly, and he is working very diligently. He's -- they own -- there's three properties next to each other. 871, 891, and then an unimproved lot that runs along the canal that is also owned. There's problems on all three. So he's dealing not only with this, but you'll find out next CEB that the 891 property is coming for about the same thing. He's got a lot on his plate, so I'm just -- I don't know that 30 days -- I mean, my opinion. CHAIRMAN KAUFMAN: Well, he'll be back in 30 days and show us progress and -- MS. CURLEY: Or a for-sale sign. CHAIRMAN KAUFMAN: Yeah. MR. MARTINEZ: How I would love to, but we go back to the same issue. CHAIRMAN KAUFMAN: You have lawyers involved, and that always clouds the issue. Okay. Well, thank you. MS. ELROD: See you next month. CHAIRMAN KAUFMAN: Good luck. MR. MARTINEZ: Thank you. MS. BUCHILLON: Next case on the agenda, No. 23, CESD20190008994, Nelson Hernandez Castellanos, Lissette Veloso, and Greta Restano. THE COURT REPORTER: Do you swear or affirm that your February 24, 2022 Page 95 testimony will be the truth, the whole truth, and nothing but the truth? MR. SHANNAHAN: I do. MS. RESTANO: I do. MS. VELOSO: I do. CHAIRMAN KAUFMAN: Thank you. Can you state your name on the microphone for us, please. MS. RESTANO: Greta Restano. MS. VELOSO: Lissette Veloso. CHAIRMAN KAUFMAN: Okay. You want to pull the microphone down or grow, either way. Okay. MR. SHANNAHAN: Good morning. CHAIRMAN KAUFMAN: Good morning. You can start things off. MR. SHANNAHAN: Okay. For the record, Bill Shanahan, Collier County Code Enforcement. This is in reference to Case No. CESD20190008994 dealing with violations of the Collier County Land Development Code 2004-41, as amended, Chapter 10, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i) for the unpermitted garage -- for an unpermitted garage conversion located at 2483 54th Terrace Southwest, Naples, Florida, 34116. Folio 36375000000. Service was given on September 30th, 2021. The case was originated for an unpermitted garage conversion complaint to the Code Enforcement Division. Investigator Dee Pulse conducted the original site visit but was unable to access the garage to view the unpermitted work. Contact was made with the property owner who advised the work was done by the owner. They wished to keep the alterations and hired a permit consultant to obtain a permit, and they verbally confirmed the garage was converted to use as a living space. A February 24, 2022 Page 96 building permit was applied for September 19th, 2019, and issued November 7th, 2019. There have been four inspections completed, but there are several inspections that remain. Myself and staff members have attempted several times to discuss with the owners or friends or relatives who assist with the translation the importance of completing the work and finalizing all inspections. The permit expired on January 13th, 2022, and no additional inspections were applied for. Several attempts were made to obtain photos of the work done on the garage, but entry consent was never granted to either Investigator Dee Pulse or myself. As of today, review of the permit details found the permit remains expired. Now I'd like to present case evidence in the following exhibits: Inspection history for Permit PRBD20190939911 and the approved site plan. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. SHANNAHAN: There are no photos. I've just got the stuff I took off of CityView. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the documents? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. February 24, 2022 Page 97 MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. If I can speed things up, they had a permit from 2019. It ran out in January of this year? MR. SHANNAHAN: Yes, sir. CHAIRMAN KAUFMAN: Okay. Is the facility occupied? MS. CURLEY: Wait. Go back one. MR. SHANNAHAN: It's used as living space. I don't know how occupied it is, but it is used as living space. CHAIRMAN KAUFMAN: Okay. We'll ask the respondent that. MR. FUENTES: So just to confirm, the way you've portrayed to us the case, it sounds like there has been some friction in trying to get it resolved. MR. SHANNAHAN: Correct, correct. MR. FUENTES: Okay. So -- MR. SHANNAHAN: I've tried three different times myself since I got the case to get photos of the work done on the garage, and I got rebuffed all three times. MR. FUENTES: Lack of compliance. CHAIRMAN KAUFMAN: Okay. Do you have anything else that you'd like -- MR. SHANNAHAN: I would also like to point out that the -- there are three people on the title for the house. One of them is the ex-husband, and I do have a statement that he says that these two can speak on his behalf, so you're seeing the other two owners on the title right now. CHAIRMAN KAUFMAN: Okay. Very good. February 24, 2022 Page 98 MS. CURLEY: Thank you. Can you go to the last page? I mean, it was like a -- MS. PEREZ: Site plan. MR. SHANNAHAN: The site plan? Yeah. MS. CURLEY: So there's engineering paperwork and everything attached to the first inspection. MR. SHANNAHAN: Right. CHAIRMAN KAUFMAN: There's just no permit. MR. SHANNAHAN: There are still 10 inspections remaining on the permit that were never done. MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: Okay. My first question for you is, is it occupied? MS. RESTANO: No. CHAIRMAN KAUFMAN: There's nobody living in there? MS. RESTANO: No. It's part of the house. So we use the space as, let's say, my kids play in there. CHAIRMAN KAUFMAN: So it is being used? MS. RESTANO: When they come back from school. CHAIRMAN KAUFMAN: Okay. So have you owned this since 2019? MS. RESTANO: We -- the other person that is in the title was her husband, and then we refinanced the house. He doesn't live there anymore. CHAIRMAN KAUFMAN: I understand. MS. RESTANO: So we owned this since, I think -- February 2020 was when we purchased the house pretty much, her and I. CHAIRMAN KAUFMAN: Okay. And you're aware that Code Enforcement was trying to gain access to the house? MS. RESTANO: Yeah. We tried to talk to them, tried to set February 24, 2022 Page 99 up a time that we could be there, because my mom, she works overnight six nights a week, and I work, too, six through seven days a week. So it's kind of impossible to get into a time where we were available in the house and we were able to show that, pretty much. CHAIRMAN KAUFMAN: For two years? MS. RESTANO: Yes. We have been nonstop. First of all, we lost our jobs, then we found jobs. We can't say no to working right now. CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: I make a motion a violation exists. MR. FUENTES: Second that. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. 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. MS. CURLEY: There's just a point of clarification. She stated that they got a mortgage for it last year, but the titleship and the ownership still remains within the original three. MR. SHANNAHAN: Right. The ex-husband actually did a quitclaim deed, but that doesn't absolve him of that. Property Appraiser still shows the three people on the title. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: It might best -- I understand you guys are busy, but you need to comply with the county. If you have -- there's different times that these guys work, and you can allow entry at some February 24, 2022 Page 100 point. Everybody works. Trust me, everybody works. There's no reason why these guys can't have access to take a look at the garage to clear you of any violations, even if you have two maybe licked [sic] or not have the kids play in the garage and just open it up for a moment. They need to be able to see that to absolve you from this violation. MS. RESTANO: I understand. MR. WHITE: And that does include weekends just so you know. MS. RESTANO: Okay. Yeah, that's mainly the issue. MR. WHITE: Understood. CHAIRMAN KAUFMAN: Okay. Do you have a suggestion for us? MR. SHANNAHAN: I do. 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 of -- and abate all violations by: To cease and desist the use of the unpermitted garage conversion to living space and powering off any unpermitted electricity from the circuit breaker within a blank number of days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Two, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy to either keep the garage conversion in the living space or return to a 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; Three, 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 February 24, 2022 Page 101 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Well, one of the things that's in the order is to turn off the electricity to that portion of the construction, and in order to verify that, you're going to have to let somebody in to see that that's done. Okay. MS. RESTANO: Okay. MS. CURLEY: I have a question. So is it that -- I mean, I know you said you were busy, and that's a good -- that's a good thing. MS. RESTANO: Yes. MS. CURLEY: But is there a reason why you don't want them in there? MS. RESTANO: No. MS. CURLEY: Are you not done? Is there something going on in there that you don't want them to see? MS. RESTANO: No. MS. CURLEY: This is going to get expensive, because I'll fill in those blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll give you 10 days or $150 a day. MR. WHITE: That's for the first? CHAIRMAN KAUFMAN: Turn off the power in how many days? MS. CURLEY: Well, they've got to remove the breaker? CHAIRMAN KAUFMAN: Yeah. MS. ELROD: Just flip it off. MR. SHANNAHAN: Yeah. As long as they flip it off and I can verify that it's off. February 24, 2022 Page 102 MS. CURLEY: Then they just flip it back on. CHAIRMAN KAUFMAN: I can't talk to the -- MR. WHITE: That's a repeat violation. CHAIRMAN KAUFMAN: This is not the first time we've come across that situation. At least turning it off, and by turning it off, they probably are going to have to -- MR. FUENTES: Suggestion. CHAIRMAN KAUFMAN: Yes. MR. FUENTES: Not sure if this is possible or not, but is it possible to present FP&L bills showing the decrease in power usage when it comes for this period of time. MS. CURLEY: It is if we were their parents and we wanted to baby-sit them. They're grown adults who know that they've been avoiding the county for years, as if they want to come in and see their decorations. MR. FUENTES: Understood. I agree. MS. CURLEY: And it's just really disrespectful in every way to the people that work for you not to have accommodated them for two years. So my 10 days and $150 per day was this No. 2. I'll give you 24 hours and $300 per day, and we'll put it in the repeat violation department if you go by there at any time and you see the metering moving. CHAIRMAN KAUFMAN: Okay. I'll second your motion, and let me explain it after we vote. Okay. All those in favor? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. February 24, 2022 Page 103 CHAIRMAN KAUFMAN: Okay. What that means is sometime between now and the weekend, someone's going to come over there and make sure you turn the breaker off for that area. That's not a big deal? MS. RESTANO: No. CHAIRMAN KAUFMAN: Okay. And the other part of the order is that you have to adhere to the writeup that you're going to get about coming into compliance, okay? So you're going to have to get a permit or show that you redid the permit since it's inactive now. Right now you don't have a permit, so that's another thing you'll do. And if you need more time to do that, you can always come back to Code Enforcement and say, we started, we turned off the breaker, we've done this and that, and we need more time; otherwise, the fines will accrue. It's a lot of money. MS. RESTANO: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. MS. PEREZ: Just for the record, Chairman, the No. 2 calls for obtaining -- reobtaining the permit, inspections, and the certificate of completion. CHAIRMAN KAUFMAN: Yes. MR. WHITE: In 10 days. MS. CURLEY: Yep. No, that was 30. Wait, no, that was 10; yeah, in 10 days. CHAIRMAN KAUFMAN: I don't know how long it takes to re-up a permit that's already been issued. Do you have any idea, Cristine? MS. PEREZ: I believe they could go in and make the request today. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And then call their engineer that was working on it before. February 24, 2022 Page 104 CHAIRMAN KAUFMAN: So it's not impossible. It's going to be -- you have to put some work into it. Thank you very much. MR. SHANNAHAN: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case on the agenda, No. 26, CELU20210006630, Charles F. Aimaro and Peggy F. Aimaro. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MS. AIMARO: Yes. MR. DeWITT: Yes. MR. MIGAL: I do. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Okay. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CELU20210006630 dealing with the violation of the Collier County Land Development Code 04-41, as amended, Section 1.04.01.A and Section 2.02.03. An unauthorized metal storage container stored on an improved property -- excuse me -- Estates-zoned property located at 3665 Golden Gate Boulevard West, Naples, Florida 34120, Folio 3671328000 -- 80000. Service was given on June 29th, 2021. The case was initiated as a complaint to the Code Enforcement Division in regards to a big commercial shipping container on the property. The case was assigned to me on June 29th, 2021. On that day I conducted a site visit and observed a large yellow shipping container on the property to the west of the detached garage not authorized, and it is not -- the container not being authorized on the property. After leaving my contact information for a return call, I received a call from a gentleman named Mike DeWitt who identified himself February 24, 2022 Page 105 as a representative of the owner and advised that he is going to assist Ms. Aimaro with the case process. The plan is to build a barn on the property which is to be used to store the materials currently held in the container. Mr. DeWitt has been in continuous contact, but the survey and permitting process has taken quite a while. As I understand it from the most recent conversation, the survey is finally complete, and he intends to apply for the barn permit in the upcoming week. As of today, the storage container remains on the property. I would now like to present case evidence in the following exhibits: Two pictures taken on January 25th, 2021, by the initial investigator assigned to the case, Paula Guy, to which are located on a shared computer drive that I have access to, and two pictures taken by myself on February 22nd, 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MIGAL: Yes, he has. CHAIRMAN KAUFMAN: Okay. Motion from the Board to accept the photos? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) February 24, 2022 Page 106 CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WHITE: I'd note for the record that the respondents did not object. CHAIRMAN KAUFMAN: Say that again, please. MR. WHITE: I note for the record that the respondents did not object to the photos going into evidence. CHAIRMAN KAUFMAN: Okay. The trailer is located on the other side of the fence that I'm looking at. Is that the respondent's property over there or where the trailers are on the -- next to the pine trees there? MR. MIGAL: As I'm aware -- MR. DeWITT: That's not a perimeter fence. That's the horse fence. The trailers are all registered trailers -- CHAIRMAN KAUFMAN: Okay. MR. DeWITT: -- and they're parked, actually, right where we would like to put the building to contain her horse supplies. That's what our goal is here. CHAIRMAN KAUFMAN: Okay. MR. DeWITT: And we actually got the container to store the materials in to build the barn, and then to kind of sum everything up, we went down to apply for the permit not knowing we weren't allowed to have the container on the property, you see. So we brought the container, put some storage supplies in the container, tried to apply for the permits. We were turned down, obviously, because we didn't have a current survey. So I went to the county, and they searched for a survey for me of her property, in which case after a couple weeks they contacted me back and said there was no survey of the property that could be used. So we contacted a survey company, about four or five of them, and, unfortunately, because of the COVID thing and all the building February 24, 2022 Page 107 and this type of stuff, we could not hire a survey company to come there and do a survey. We were getting the six-month, eight-month periods of time before they could complete a survey. They were, like, we can do it; it's going to be 180 days or something. So after we searched and searched and searched for a survey company, we finally had to make the decision to go -- I might point out they were wanting 2- and 3- and $4,000 to do a survey, a simple survey, because they were overwhelmed. So, anyway, we finally got a quote to do a survey from a company for $900. We paid them, and we still had to wait eight weeks before they could even come do the survey. So now what they have done is they have come and done the survey, completed the survey, and as of today we should have the results from the survey, which they come and they do all the work, and then they take two or three weeks to do everything and then give us that. With that in hand, our intention is to go to the -- go to zoning and apply for the permit, which we're going to build a simple metal building, a simple concrete pad with a metal building to store the stuff like the horse tack and the stuff from the stable -- the stable area and things like that. And she had a little tractor and lawnmowers and stuff like that. So it's really a simple building. No power, no water, no nothing. It's just a simple metal storage building. So we just couldn't do anything without a survey. So then, of course, when the Code Enforcement said we couldn't have the container, we were waiting and waiting and waiting and, gracefully enough, we were allowed to keep the container there until, you know -- and it's still there today. I have a contract of sale. When we're done with the building, someone's coming to get the container. So it's not going to be there. It's not a permanent thing. It's gone the minute we get -- the minute we get done with what we're going to February 24, 2022 Page 108 do. And we're going to build a legal building. MS. CURLEY: You should have painted that yellow thing green before you delivered it. MR. DeWITT: Yeah, you're right. We thought about -- MS. AIMARO: With trees on it. CHAIRMAN KAUFMAN: How long has that trailer been there? MS. CURLEY: Just kidding. MR. DeWITT: The trailer? The container? CHAIRMAN KAUFMAN: Yes. MR. DeWITT: Oh, the container. CHAIRMAN KAUFMAN: Yeah. MR. DeWITT: I believe, June, June. MS. AIMARO: I want to say maybe eight months. MR. DeWITT: Maybe six, eight months. MS. CURLEY: I think we had a case here a couple months ago where somebody was able to build a pole barn around the container, and the container could stay. MR. DeWITT: Right, that is true. MS. CURLEY: So we get the quagmire of you having the cart before the horse. MR. DeWITT: Right. And we were not aware, because there's so many other containers in Golden Gate. I'm not -- MS. AIMARO: Thousands. MS. CURLEY: Well, it only works if you have somebody living in it. MR. DeWITT: Well, nobody's living in it. CHAIRMAN KAUFMAN: Let me ask a couple of quick questions, and then we'll ask for whether a violation exists or not. How much time do you think it's going to take from today to build the building that you want to build? February 24, 2022 Page 109 THE COURT REPORTER: Can I get your name? MR. DeWITT: Michael DeWitt. That, depending on how long it takes to get the permits, I assume I walk in, they're going to give her a permit within a week or something like that. The building, we already have, like, three quotes on buildings. I already have a quote by Turner to do the concrete slab. So we're all done with quotes, and she's already borrowed the money on the house to pay for everything. So we don't have nothing -- nothing that's going to hinder us other than just getting the permits. If I said -- if I said six months, 180 days, I'd be extensive [sic], I'm afraid, you know. CHAIRMAN KAUFMAN: Okay. MR. DeWITT: But I believe we are going forward with putting a building. This is not a stall tactic to build a building. CHAIRMAN KAUFMAN: I understand. But we need to decide whether or not a violation exists or not to begin with. We'll go from there. MS. CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. MS. CURLEY: And then I'll make a motion to grant them six months. CHAIRMAN KAUFMAN: Do you want to fill out -- why don't we take a look at the recommendation, and you can fill in the -- February 24, 2022 Page 110 MS. CURLEY: Also, when you get that survey, record it in public record, then you'll never loss it again. MR. DeWITT: Yeah, right. MS. CURLEY: It costs you $8. MR. DeWITT: There was a survey when they changed the road access, but that never was -- and the other thing, we were -- we are aware of the fact that we could build a pole barn over the existing container and leave it there and use it. We decided that wasn't what we want to do, because -- but that is an option, but we're not -- that's not in the plans. CHAIRMAN KAUFMAN: Okay. MR. DeWITT: The plan's to build something. CHAIRMAN KAUFMAN: They want to throw us out of here in two minutes, so... MR. DeWITT: We want you to be out of here. CHAIRMAN KAUFMAN: Somebody want to fill in the blanks? MR. DeWITT: We've got to go. MR. WHITE: Ma'am, could you just state your name on the record, please. MR. DeWITT: Michael DeWitt. MR. WHITE: No. Ma'am. MR. DeWITT: Oh, oh, I'm sorry. MS. AIMARO: Peggy Aimaro. MR. WHITE: Thank you, ma'am. MS. CURLEY: So can I fill in the blanks, or do you need to read that? MR. MIGAL: I'll read it. I'll be happy. MS. PEREZ: You can fill in the blanks if you'd like. MS. CURLEY: Six months, $50. CHAIRMAN KAUFMAN: And 59.28 to be paid within 30 February 24, 2022 Page 111 days? MS. CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. That's your motion? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. MR. DeWITT: Thank you. MS. AIMARO: Thank you. MR. DeWITT: Are we done? MR. WHITE: Yes. I believe we're able to proceed. I understand that noon may have been a soft deadline, so if we could just continue to work through the agenda. MS. BUCHILLON: We'll do the impositions, at least the ones that are here. CHAIRMAN KAUFMAN: Yes. So next case? MS. BUCHILLON: Next case under old business, C, motion for imposition of fines, No. 1, CENA20210004949, Michael Sorrell. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. SORRELL: I do. February 24, 2022 Page 112 MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Okay. Michele, you want to read this into the record for us? MS. McGONAGLE: I'm waiting for her to pull it up. MR. WHITE: I would just note for the record, while we're getting that information, Mr. Chairman, that there was a small scrivener's error. I believe it's just to the agenda, and it's as to property address. And I believe the correct address is 1671 Eighth Street Northeast, Naples, Florida, and I'd ask if the respondent would agree to waive any concerns about that defect. MR. SORRELL: Yes, I agree to that. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Because 85th Street would be, like, in Haines County. MS. BUCHILLON: Does she need to read the past order on there? CHAIRMAN KAUFMAN: No, just -- MS. PEREZ: The violation has been abated, so the investigator could read the fines into the record. MS. McGONAGLE: The violation has been abated as of February 22nd, 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 22nd, 2022, 56 days, for a total fine amount of $5,600. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.28. Total amount due is $5,659.28. CHAIRMAN KAUFMAN: Okay. Generally on the bottom of the sheets, Helen, it says gravity of the violation. There's a colon, but there's no comment there. I don't know why. February 24, 2022 Page 113 MS. CURLEY: I remember this. CHAIRMAN KAUFMAN: Okay. It's probably light or moderate or whatever. Just thought I'd mention it since we're doing scrivener's errors. MS. BUCHILLON: Yeah. CHAIRMAN KAUFMAN: Anybody from the Board want to make a comment? You've cleaned up the litter? MR. SORRELL: Yes, sir, I did. The date was 28th of December, so I called it in before that. She was on vacation. Other stuff happened. I met her on the property two weeks ago yesterday, and there was two things that were really -- in my opinion weren't an issue before that I needed to take care of, which I took care of. She came by yesterday and inspected the property, so I'm good to go. So that's a lot of money, and I'm not a rich man, so I'm asking you guys to waive the fines. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. February 24, 2022 Page 114 MR. SORRELL: Thank you. MS. BUCHILLON: Next case on the agenda, No. 2, CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky. THE COURT REPORTER: Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. SHORT: I do. MS. TRESSLER: I do. CHAIRMAN KAUFMAN: Good morning. MS. TRESSLER: Good morning. CHAIRMAN KAUFMAN: Could you pull that microphone down for you? MS. TRESSLER: Yes, I can. CHAIRMAN KAUFMAN: Okay, good. I can hear you now. Eric, this is an old -- MR. SHORT: Good afternoon. For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in regards to your past orders. On May 26th, 2016, 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 5278, Page 2569, for more information. On January 26th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board in our documents and images for more information. The violation has not been abated as of February 24th, 2022. Fines have accrued at a rate of $150 per day from the period of September 24th, 2016, to February 24th, 2022, 1,980 days, for a total fine amount of 297,000. Those fines continue to accrue. February 24, 2022 Page 115 Previously assessed operational costs of $65.85 and costs of $59.28 have been paid. Operational costs for today's hearing is $59.49, bringing us to a total of $297,059.49. CHAIRMAN KAUFMAN: I remember this case distinctly. MS. CURLEY: Me, too. CHAIRMAN KAUFMAN: What's left to do on this piece of property? I remember that the type was replaced. MR. SHORT: That's correct. So at this point there's county standards, FDOT standards. Some of that is the entry from the asphalt has to be hard surface, and that's not the case. I think financially she's just running into an issue of having a contractor complete the work. MS. CURLEY: Well, a contractor's not charging you $297,000, are they? MS. TRESSLER: I just don't have the money. The issue was at first, you know, the county decided to do the area where I lived. We pulled out pipes. There are two entrances. I think I only was supposed to do one. But not knowing, we had somebody come in, pull out the pipes, replace pipes that there was really nothing wrong with and put the plastic, or whatever it's called, pipes in, and all that was done. The only thing I needed to do was the entrance, cement the entrance. And I've just had -- you know, my sisters that own the property as well, the one has passed away last year, so I spent a lot of time out of the state. More money that I didn't have. I had lost my job with COVID. So I've just had a lot of financial -- I live on $1,000 Social Security, and it's just been overwhelming, you know. I don't know what to do. When it first happened, I came to the hearing asking to see if the county could recommend somebody or how I could get it February 24, 2022 Page 116 done. They sent me to the building next door. I started there. Nobody could help me there. And it's just kind of escalated to this point. MR. FUENTES: I mean, as long as that asphalt's not done, she's just going to keep -- this is just going to continue, pretty much. CHAIRMAN KAUFMAN: Right. MR. SHORT: Yeah, that's correct. The original complaint with the flow of water and everything, that's been corrected. But you have standards within the right-of-way handbook that have not been met to close out the permit. MR. FUENTES: This case is about five years old, almost six, actually. Actually six. MS. CURLEY: I remember -- MR. FUENTES: Ten dollars a month for six years, or even five years, is $600 that could have been applied toward the asphalt. CHAIRMAN KAUFMAN: Is there any plan to -- MS. TRESSLER: Oh, yes. I've started -- since I couldn't -- you know, first we had owner/builder whatever thing and, obviously, I couldn't do any of it myself, so now I've started calling all this -- CHAIRMAN KAUFMAN: Has anybody explained to you exactly what needs to be done to come into compliance? MS. TRESSLER: Yeah, it's doing the cement. CHAIRMAN KAUFMAN: Okay. And that -- I mean, I'm looking at a fine that's obviously ridiculous at this stage. MS. TRESSLER: And I've been calling and calling, and they say they're going to call. Now I've only been calling people that do culvert things. Now they want to remove those pipes and start all over again because they weren't the original ones that put it in, and it's -- and, you know -- or they're too busy now because it's season and, with all the construction, they can't come. So I -- you know, I'm February 24, 2022 Page 117 calling and calling and calling and trying to get this taken care of, and I'm getting nowhere. MS. CURLEY: There are certain rights and responsibilities as a homeowner that we've talked about you with this [sic] for the last five years. MS. TRESSLER: I understand. MS. CURLEY: And we very much feel sorry for your inability to find a contractor to do that. But people live in houses, and they live in condominiums, and they live in different areas because it's the extent of what they can maintain and manage, and we talked about this a year or two ago. MS. TRESSLER: Ma'am, I understand. But I came to Naples to take care of a handicapped mother in a wheelchair. The whole time I took care of her, I wasn't getting a penny to do that. When they passed away, I had no income. I'm 73 years old. I'm trying to maintain a home, maintain, you know, myself. And it's easy for people that have a job and that aren't in that situation to say exactly what you say. My standards used to be very high. You know, things have changed. CHAIRMAN KAUFMAN: Okay. Let me ask Eric, is there somebody we can put the respondent in contact with to lay out an economical, if you'll pardon the expression, way of pouring a pad over the pipe so it comes into compliance? MR. SHORT: I can certainly assist in reaching out to some nonprofits and something along that line, maybe some local churches. CHAIRMAN KAUFMAN: I think that would be great. MS. CURLEY: We've done this exercise. This is the third time we've done this exercise. There's a variety of ways. There's equity in your home that you have. There's all sorts of things that is not our business that's not being tapped in and not being utilized, and we're here today because you're not doing anything. February 24, 2022 Page 118 MS. TRESSLER: I am doing something. I am doing. I'm calling. I'm trying to get something done. I tried to live -- you know, it's easy for you. You still have a job. You have -- MS. CURLEY: Don't -- please don't bring my personal life into it. MS. TRESSLER: But you're bringing my personal life into it. MS. CURLEY: Because you're here. MS. TRESSLER: Through no fault of my own. MS. CURLEY: You own the home, so that's the fault. It's your responsibility to keep it. MS. TRESSLER: Yes, with two other sisters that have been going through very serious -- one is already dead, and the other one is going through a lot of, you know -- MS. CURLEY: Right. MS. TRESSLER: -- hardship, so I can't -- MR. FUENTES: Eric, there's nothing that the county can do to kind of intervene? CHAIRMAN KAUFMAN: They can help out if they can refer somebody. The fault is asphalt is what we need. MR. SHORT: Yes. And I will tell you, you know, in a previous life I qualified a company that does this type of work. I've reached out to certain individuals, and it's too small of a job for somebody to take with the economy we're in right now. MS. TRESSLER: I have been trying, sir. I haven't let it go. I have been trying. From the beginning I have been trying. MR. FUENTES: Only problem is is that the case will keep on going. It's a waste of the county's time in prepping these fees and operational costs, and it's probably a $600 job, which was my official statement. It's $10 a month for 12 months over five years is $600 that this could have been said and done already. Ten dollars a month. February 24, 2022 Page 119 MS. TRESSLER: Exactly, exactly, but, you know, nobody was giving me those options before. MR. FUENTES: To put $10 away per month? MS. TRESSLER: No, to go about what needed to be done. MS. CURLEY: We've had this conversation in this same room with this same woman before. We've -- MS. PEREZ: Board members, at this time we have the county's imposition of fine posted for your -- right. CHAIRMAN KAUFMAN: So that's what we have before us right now. We cannot abate a fine when the violation has not been abated, so our only choice right now is to impose the fine. Okay. So I'll make that motion that we impose the fine. Do we have a second? (No response.) CHAIRMAN KAUFMAN: There's nothing else we can do. MS. CURLEY: Right. Next. CHAIRMAN KAUFMAN: No, no, no. MR. WHITE: Was there a second? (Simultaneous crosstalk.) MS. CURLEY: There was nothing. The Board's silent. CHAIRMAN KAUFMAN: Is there a second? (No response.) MR. WHITE: Then the motion fails, and the item will have to be on a subsequent agenda at this point. Because at this time, Mr. Chairman, I regret to inform you that we need to wrap matters up because these chambers are otherwise assigned to another organization. And if there is no subsequent motion to be made, then I'd like to move forward procedurally to how we will dispose of the cases that have yet to be heard with people present. MR. FUENTES: I second. CHAIRMAN KAUFMAN: Did you second it? February 24, 2022 Page 120 MR. FUENTES: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You can go to the County Commission, explain your situation to them, and they have the ability to either reduce or abate the fine completely. MS. CURLEY: After you fix it. CHAIRMAN KAUFMAN: Yes. You need to have somebody work on this to get it done. MR. WHITE: If I may, Mr. Chairman, with respect to all of the other matters that are noticed for hearing, some of those you have individuals present. My belief is they are all for imposition-of-fine cases. At the request of the Code Enforcement director, I've spoken with each of them, and they have either indicated that they would be able to return next month, however, some of them are so very near to abatement that they hope to be able to do so in the intervening time period. I've recommended to each of them that they provide written request, once they have complied, that their fines be waived and costs be waived. And my belief is by continuing all of the remaining matters, we can simply note who's present for which of these cases today for the imposition, that we would be able to have them heard next month February 24, 2022 Page 121 and, as a courtesy, the county would provide notice to those whose cases were not heard today. It's not legally required if the form of the motion is to continue all of the items remaining on the agenda but, as I said, it would be courtesy notice provided by the county. And if that's acceptable to the Board, then all I would need is the individuals present to identify themselves. MS. CURLEY: Who needs this room -- MR. WHITE: I don't believe that's relevant. MS. CURLEY: -- that is more important than the residents of our county that have come here and spent four hours, as we have? I'm not arguing to you. But I would blanket everybody who has abated their fines [sic] gets a free pass today and we deny the county, and then the two who have not, we ask them to please come back next month and have everything done. MR. WHITE: Ma'am, I don't want to disagree with you. I fully empathize, but in the interest of expediency, I believe the form of the motion for the Board is to continue all of the items present [sic] and have those who are here for imposition of fines simply identify themselves as being present. MR. FUENTES: I'm just trying to say something here. MS. BUCHILLON: She has another case. MR. FUENTES: Oh, boy. MR. WHITE: Regardless, the room needs to close. Someone else has the room, not this board. MS. CURLEY: Right. So why can't we abate all these fines -- MR. WHITE: You have to hear the cases in order to abate them, Ms. Curley, and there is no time to do that today. So the expeditious thing to do, as I recommended -- I don't mean to be disagreeable. I'm just trying to be efficient. MS. CURLEY: It's not expeditious for these people that have to take another day off of work next week [sic] to come here. February 24, 2022 Page 122 MR. WHITE: Nor is it to argue. MS. CURLEY: So everybody who's here does not have to show up next month, and we'll abate them anyways. MS. PEREZ: We'll work with them, Ms. Curley. MS. CURLEY: It's rude. It's rude. CHAIRMAN KAUFMAN: Well, that puts us in a -- MR. WHITE: Unprecedented and unenviable position, Mr. Chairman, I agree. CHAIRMAN KAUFMAN: You wanted to -- you had something to say also before we adjourn. MR. WHITE: No. I simply wanted there to be -- the Board make a motion to continue all of the cases that are on the agenda that have yet to be heard, and that for those that are imposition of fines and there was someone present, that they simply identify themselves. MS. CURLEY: I think they should all be thrown out. CHAIRMAN KAUFMAN: Okay. Well, you have to hear it -- MR. WHITE: Next month you can do that. CHAIRMAN KAUFMAN: Not only do you have -- MS. CURLEY: Because we didn't -- CHAIRMAN KAUFMAN: -- everybody on the Board has a say. MS. ELROD: Question. The ones here present, can they write a letter and not attend next month? MR. WHITE: That would be my recommendation. It is exactly what I've said to them for those who would have completed the process and abated their violations. I believe that is the entirety of this group who are either already abated or believe they can do so in the next 30 days. MS. ELROD: So if they write a letter saying we want it abated -- MS. CURLEY: They shouldn't have to do anything. They're February 24, 2022 Page 123 here today. MR. WHITE: Ma'am. MS. CURLEY: They shouldn't have to write any letter. They shouldn't have to go through any more gymnastics for us because there was a room-scheduling issue. MR. WHITE: I'm trying to assist the Board in achieving that -- MS. CURLEY: I'm not talking to you. You've told us what we need to know, but I feel it's incredibly unfair. CHAIRMAN KAUFMAN: Okay. You've made your point. MR. WHITE: Can we just simply have each of the individuals who are present come forward and identify themselves -- MR. AYASUN: It's not only -- MR. WHITE: -- for the purposes of the record. MR. AYASUN: It's not only unfair, but I think it's also rude. MS. CURLEY: Terribly rude. MR. AYASUN: You took a day off to come here. Nobody told us we are here until 12 o'clock, did they? Is it on the record? MR. WHITE: I wish I could comment on that. All I'm trying to help you to do is to be expedient. CHAIRMAN KAUFMAN: We understand. MS. CURLEY: We're just going to assume everybody who has a fine is here, because if somebody didn't get here today, then they get a free pass. CHAIRMAN KAUFMAN: Well, there seems to be an order of -- MS. CURLEY: The whole thing is -- CHAIRMAN KAUFMAN: -- who has precedence. We have the head of Code Enforcement here. Would you like to make a comment, Mr. Ossorio? MR. OSSORIO: I do. For the record, Mike Ossorio, director of Code Enforcement. February 24, 2022 Page 124 I believe your -- the Board's attorney has spoken what I think we need to do. I will speak to the individuals that are now in compliance, and then I will speak for them next month. And the people that need more time, it's good they need more time. That means they can go ahead and get in compliance for next month. MS. CURLEY: Perfect. MR. OSSORIO: I didn't think the agenda was going to be that long. I apologize. It's probably my fault. It stops with me. I apologize for this inconvenience, and I will surely do a better job next month. So if anyone here that is imposition of fines that are in compliance, you do not need to come next month. I will represent the county's representation imposition of fines, and there will be factors -- and this is a factor involved. Anyone that is not in compliance, well, you have a couple more weeks to get in compliance and come back. So with that, I'd like to adjourn for next month, and I will send notices out. MR. WHITE: I believe you simply need to have the individuals identify themselves. Just step to the record [sic] and state your name and walk away so the next person can come up. You can use both sets of microphones. MS. ELROD: Just state your name. MS. TOUCHET: Dawn Hebert Touchet. MR. TOUCHET: Maco Touchet. MR. CHIONIS: Dean Chionis. THE COURT REPORTER: Hold on. Hold on. MS. CHIONIS: Sherry Chionis. MR. CHIONIS: We're in compliance. MS. BURGOS: Gisella Burgos. MR. PIERRE: Manuel Pierre, Med-Life Enterprise, Inc. In February 24, 2022 Page 125 compliance. MR. CRUZ: Michael Cruz in the Estate of Miguel Cruz. MR. WUSCHKE: James Wuschke, in compliance. MS. CURLEY: Thank you. Motion to adjourn. CHAIRMAN KAUFMAN: Wait. I have one thing to say. My one thing I want to say is this room was booked a year ago. And I don't understand how they throw us out of the room. I don't care what's coming next. I think that -- MS. CURLEY: We have one gentleman that needs to state his name. MR. BERRY: I'm sorry. Marc Berry and Jessica Doyle. CHAIRMAN KAUFMAN: Thank you. MR. BERRY: Thank you. Sorry to interrupt you, sir. MR. WHITE: And before you adjourn, Mr. Chairman, I think the form of the motion, again, is to continue all those other cases till next month. CHAIRMAN KAUFMAN: I move that. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We are adjourned. MR. WHITE: Okay. I appreciate your patience. **** February 24, 2022 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:21 p.m. ODE FO CEMENT BOARD '1'BERT WYMAN, CHAIRMAN These minutes approved by the Board on _ „?y as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 126