Loading...
CEB Minutes 07/28/2022July 28, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, July 28, 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 John Fuentes Kathleen Elrod Lee Rubenstein Tarik N. Ayasun, Alternate Zully Ruiz, Alternate Chloe Bowman (Absent) Danny Blanco (Excused) Sue Curley (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 July 28, 2022 9:00 AM Robert Kaufman, Chair Kathleen Elrod, Member Danny Blanco, Member Chloe Bowman, Member Sue Curley, Member John Fuentes, Member Lee Rubenstein, Member Tarik N. Ayasun, Alternate Zully Ruiz, Alternate Notice: Respondents may be limited to twenty (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 (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts 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. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME MOTION FOR RE-HEARING B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CEVR20220002751 OWNER: QUEEN BEE LLC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(D)(3)(e)(i). Vegetation removal without the required permitting. FOLIO NO: 71800000433 PROPERTY 3370 Canal St, Naples, FL ADDRESS: 2. CASE NO: CESD20220001465 OWNER: Jesus A Gonzalez and Justina Ruiz OFFICER: Jordann Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Multiple expired permits, referred from contractor licensing case CECV20220000425. FOLIO NO: 36300200008 PROPERTY 2007 Hunter Blvd, Naples, FL ADDRESS: 3. CASE NO: CELU20220002018 OWNER: Steven M Thomas OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Junk, including but not limited to car and ATV parts, appliances, unlicensed and/or inoperable vehicles, unlicensed and/or inoperable trailers, unlicensed and/or inoperable boats and unlicensed and/or inoperable RVs stored on an improved ag property. FOLIO NO: 333320004 PROPERTY 2260 Keane Ave, Naples, FL ADDRESS: 4. CASE NO: CELU20220002399 OWNER: Steven M Thomas OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03 and 5.03.03(B). Guest house being rented on improved ag zoned property. FOLIO NO: 333320004 PROPERTY 2260 Keane Ave, Naples, FL ADDRESS: 5. CASE NO: CELU20220002016 OWNER: Steven M Thomas OFFICER: Rickey Migal VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Running mechanic/4-wheeler shop from guest houses on an Estates zoned property. FOLIO NO: 333320004 PROPERTY 2260 Keane Ave, Naples, FL ADDRESS: 6. CASE NO: CENA20220005940 OWNER: Steven M Thomas OFFICER: Rickey Migal VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Accumulation of litter, including but not limited to vehicle and ATV parts, trash, remnants from a dismantled RV, and other items laying around on the property. FOLIO NO: 333320004 PROPERTY 2260 Keane Ave, Naples, FL ADDRESS: 7. CASE NO: CESD20210012154 OWNER: 4630 GOLF STREAM DRIVE LLC OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Interior demolition before receiving required permits. Contractor licensing case CECV20210008608. FOLIO NO: 63103400007 PROPERTY 4630 Gulfstream Dr, Naples, FL ADDRESS: 8. CASE NO: CESD20210009517 OWNER: CATHY VELUND-STUCKO ET AL C/O CATHY VELUND-STUCKO OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Alterations/renovations on new interior walls and structural walls for which a Collier County Building permit is required. FOLIO NO: 387040000 PROPERTY 2415 Tamiami Trail E, Naples, FL ADDRESS: 9. CASE NO: CESD20210011506 OWNER: SAINT JEAN SERVICES LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Removal of windows on the back of the residence and a large shed on the rear of the property without required Collier County Building Permits. FOLIO NO: 67492720009 PROPERTY 4316 Mindi Ave, Naples, FL ADDRESS: 10. CASE NO: CESD20180015567 OWNER: CHRISTINE C SULLIVAN REV/TRUST OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Dock that was expanded without first obtaining a Collier County building permit. Due to the unpermitted expansion, the dock no longer meets the side setback requirement of 7.5 feet. FOLIO NO: 52400760008 PROPERTY 149 Pago Pago Dr E, Naples, FL ADDRESS: 11. CASE NO: CESD20210000673 OWNER: Rodolfo Trevino Jr OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 3.05.01(B). Remove protected vegetation without a permit and mechanic removed vegetation without first obtaining approval from Florida DEP on this unimproved lot. FOLIO NO: 766920000 PROPERTY 1100 Auto Ranch Rd, Naples, FL ADDRESS: 12. CASE NO: CESD20220001443 OWNER: Michael Z Peck and Svetlana V Peck OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Pool construction without a valid Collier County Permit – Also see Contractor Licensing case. FOLIO NO: 52951200004 PROPERTY 2716 Santa Cruz Blvd, Naples, FL ADDRESS: 13. CASE NO: CESD20190000755 OWNER: PHILIP J RICOSSA TRUST OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Remodel work was observed being conducted including new cabinetry installation, plumbing, and electrical without a Collier County Building Permit. FOLIO NO: 35093120001 PROPERTY 364 Tern Dr Unit 592, Naples, FL ADDRESS: 14. CASE NO: CELU20210004135 OWNER: Frank Stute OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 10.02.06(B)(1)(a). Excavation for the pond. FOLIO NO: 738120003 PROPERTY 10651 Greenway Rd, Naples, FL ADDRESS: 15. CASE NO: CESD20210001356 OWNER: Scott C Fawcett and Michelle L Price OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Work including replacement of skylights, windows, doors, and a sliding glass door. Also, drywall work and a kitchen remodel including a ceiling raise, wall removal, cabinetry, plumbing, and electric was conducted without a Collier County Building Permit. FOLIO NO: 53050560000 PROPERTY 2224 Royal Ln, Naples, FL ADDRESS: 16. CASE NO: CELU20220004457 OWNER: LOWE’S HOME CENTERS INC OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 4.02.12 and 10.02.03(A)(2)(d) and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Illegal outside storage of retail merchandise, litter, wood pallets, cardboard, plastic, building materials, etc. stored along/around the perimeter of the building. FOLIO NO: 25368002589 PROPERTY 12730 Tamiami Trail E, Naples, FL ADDRESS: 17. CASE NO: CENA20220005404 OWNER: Michael Ray Marolla OFFICER: Adam Collier VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Observed outside storage and litter consisting of but not limited to Mattresses, clothes, totes, and other prohibited items. FOLIO NO: 41345480001 PROPERTY 2961 28th Ave SE, Naples, FL ADDRESS: 18. CASE NO: CELU20220005097 OWNER: Michael Ray Marolla OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130- 96(a). People living/lodging out of a camper, RV, Mobile home, or trailer on a property not zoned for such use. FOLIO NO: 41345480001 PROPERTY 2961 28th Ave SE, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20200012246 OWNER: Martha Herebia OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted screen lanai, dog pen, chicken coop all structed without first obtaining a Collier County Building Permit. FOLIO NO: 00130920005 PROPERTY 1707 Roberts Ave W, Immokalee, FL ADDRESS: 2. CASE NO: CESD20210007671 OWNER: CARLISLE/WILSON PLAZA LLC OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 4.06.05(k)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Removed required landscape islands and canopy trees from the parking lot without obtaining required Collier County permits or an approved insubstantial change to the Site Development Plan. FOLIO NO: 37221120305 PROPERTY 70 Golden Gate Blvd E, Naples, FL ADDRESS: 3. CASE NO: CELU20200010724 OWNER: GREG CARLISLE C/O E JAMES KURNIK OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Observed a vacant residential lot being used to store litter/outside storage consisting of but not limited to boats, trailers, RV’s, storage containers, metals, and plastics. FOLIO NO: 38103000005 PROPERTY NO SITE ADDRESS ADDRESS: 4. CASE NO: CESD20210011474 OWNER: NELSON MARTINEZ LAND HOLDING LLC OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted alterations made to the principle dwelling and guest house, converting each structure into multi-family dwellings. FOLIO NO: 37162681000 PROPERTY 891 5th St SW, Naples, FL ADDRESS: 5. CASE NO: CEAU20210010882 OWNER: NELSON MARTINEZ LAND HOLDING LLC OFFICER: Jordann Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.03(B). Illegally renting a guest house. FOLIO NO: 37162681000 PROPERTY 891 5th St SW, Naples, FL ADDRESS: 6. CASE NO: CESD20210011461 OWNER: Nelson Martinez and Ana M Diaz OFFICER: Jordann Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted alterations made to the principle dwelling and guest house, converting each structure into multi-family dwellings. FOLIO NO: 37162680001 PROPERTY 871 5th St SW, Naples, FL ADDRESS: 7. CASE NO: CESD20200000285 OWNER: Debra Sue Mays Ayala OFFICER: Christopher Ambach VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Observed a re-roof of a dwelling, a 6-foot wooden fence, and an addition of an attached porch all non-permitted on improved occupied residential property. FOLIO NO: 73180200003 PROPERTY 593 N 9th St, Immokalee, FL ADDRESS: 8. CASE NO: CEPM20190009270 OWNER: Keith G Purdy and Darlene Purdy OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236. An overhanging roof that is in complete state of disrepair and is falling. FOLIO NO: 53353080009 PROPERTY 2965 Lunar St, Naples, FL ADDRESS: 9. CASE NO: CELU20190013849 OWNER: NOAH’S ARK CHURCH INC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Operating a food bank/pantry distribution program, patrons are occupying more parking spaces then what is allocated to the church per the approved Administrative Parking Reduction approval letter. FOLIO NO: 35931080009 PROPERTY 11853 Collier Blvd, Naples, FL ADDRESS: 10. CASE NO: CESD20210005318 OWNER: Arturo Rives OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Observed alterations/conversions made to main residence of garage for additional living space on improved Estates zoned parcel. FOLIO NO: 37986280001 PROPERTY 3541 19th Ave SW, Naples, FL ADDRESS: 11. CASE NO: CEPM20210004962 OWNER: SARAH SCIALABBA EST OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(15). Unmaintained pool and screen enclosure screens torn, hanging, or missing. FOLIO NO: 56105509104 PROPERTY 11752 Longshore Way W, Naples, FL ADDRESS: 12. CASE NO: CESD20210007357 OWNER: Laura Carr OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Structural; addition installed onto the SE corner of the duplex, without required Collier County permits, inspections and certificate of completion. FOLIO NO: 53100160004 PROPERTY 526 107th Ave N, Naples, FL ADDRESS: 13. CASE NO: CESD20210004950 OWNER: Carlos Valdes and Dulce Valdes OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted additions and alterations consisting of but not limited to covered storage area with a bathroom, outdoor sink, water softener equipment, commercial refrigerator, and propane tanks. FOLIO NO: 26081640007 PROPERTY 191 Smallwood Dr, Chokoloskee, FL ADDRESS: C. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER D. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE - AUGUST 25, 2022 AT 9:00AM XIV.ADJOURN July 28, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made -- which is a mouthful -- 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. Okay. If you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Which brings me to Page 2. Helen, you want to do a roll for us? MS. BUCHILLON: Yes. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco is excused -- absent, I'm sorry. Ms. Chloe Bowman is absent. Ms. Sue Curley is absent. Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? July 28, 2022 Page 3 MR. RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Here. MS. BUCHILLON: And, Ms. Zully Ruiz? MS. RUIZ: Present. CHAIRMAN KAUFMAN: I think Danny has an excused absence. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So we probably have some changes to the agenda. MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: What a guess. MS. BUCHILLON: Actually, we have five stipulations. First stipulation under hearings, No. 10, CESD20180015567, Christine Sullivan Revocable Trust. Second stipulation, No. 11, CESD20210000673, Rodolfo Trevino, Jr. Next stipulation, No. 12, CESD20220001443, Michael C. Peck and Svetlana V. Peck. Number 9, CESD20210011506, Saint Jean Services, LLC. And we just got another one in. Number 7, CESD20210012154, 4630 Gulfstream Drive, LLC. So now we have withdrawns. Under public hearings, D, hearings, No. 1, CEVR20220002751, Queen Bee, LLC, has been withdrawn due to compliance efforts. Number 8, CESD20210009517, Cathy Velund-Stucko, has been withdrawn due to compliance efforts. Number 13, CESD20190000755, Philip J. Ricossa Trust, has been withdrawn. It's a Contractor's Licensing issue. Number 14, CELU20210004135, Frank Stute, has been withdrawn due to compliance efforts. July 28, 2022 Page 4 Number 15, CESD20210001356, Scott C. Fawcett and Michele L. Price, has been withdrawn due to compliance efforts. Under old business, B, motion for imposition of fines, No. 8 -- I mean No. 9, CELU20190013849, Noah's Ark Church, Inc., has been withdrawn due to compliance efforts. And those are all the changes for right now. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the agenda as modified? MR. FUENTES: Motion -- MS. ELROD: Motion to accept. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Before we proceed to approval of the minutes, would it be possible to bring the Board up to speed on Mr. Blanco's Form 8B from last month's meeting? CHAIRMAN KAUFMAN: Okay. MR. WHITE: I do have and you should each have a hard copy of his Form 8B; you probably received it this morning. I'm simply going to read into the record and submit a copy for now to our July 28, 2022 Page 5 minutes keeper. I did ask Mr. Blanco to bring the original, but since he's excused today, I'm assuming this will be sufficient for the record. The probably only pertinent part on the Form 8B, which is the voting conflict form, as you recall, is that Mr. Blanco stated that the measure before the Board then the nature of his conflict were as follows: That a hearing to determine whether a violation of county regulations exists such that my business relationship with the alleged violator entities' manager would potentially have the appearance of a conflict of interest due to a continuing business relationship. And that's consistent with what was put on the record orally at the last meeting. So at this point I'm simply going to turn it into our minutes keeper, and unless any of you have a question about the form itself or the process, I apologize for interrupting. CHAIRMAN KAUFMAN: No problem. Okay. So I guess we're going to begin with the stipulations. Probably No. 10 is going to go first. MS. BUCHILLON: Yes, sir. First stipulation, No. 10, CESD20180015567, Christine Sullivan Revocable Trust. CHAIRMAN KAUFMAN: Hold on. We have a mouse that's playing a trumpet or something here. That was a setup. We're just -- we just wanted to -- MR. FUENTES: I make a motion to impose a lien. CHAIRMAN KAUFMAN: -- remind everybody to turn off the cell phones. MS. RUIZ: It's the mouse. CHAIRMAN KAUFMAN: Okay. Joe, you have the stipulation. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing July 28, 2022 Page 6 but the truth? MR. MUCHA: I do. For the record, Joseph Mucha, supervisor, 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, to abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspections and certificate of completion and/or occupancy for the unpermitted alterations to the dock within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Can I get a motion from the Board. MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. July 28, 2022 Page 7 MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Put it in airplane mode. Either that or I'll step on it. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: We have a change to the agenda. CHAIRMAN KAUFMAN: No, I'm sorry. No changes before 9:30. What's the change? MS. BUCHILLON: Under imposition of fines, No. 11, CEPM20210004962, Sarah Scialabba Estate, has been withdrawn per management. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the change to the agenda. MS. ELROD: Motion to accept the change. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next stipulation, No. 11, July 28, 2022 Page 8 CESD20210000673, Rodolfo Trevino, Jr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. TREVINO: I do. MR. PITURA: I do. CHAIRMAN KAUFMAN: Could you state your name. MR. TREVINO: Yes, Rodolfo Trevino, Jr. CHAIRMAN KAUFMAN: Okay. MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us? MR. PITURA: For the record, Thomas Pitura, 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 the case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County approved mitigation plans, building permits, inspections, and certificates of completion/occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to its originally permitted condition within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. July 28, 2022 Page 9 CHAIRMAN KAUFMAN: Okay. So good morning. You have read the stipulation. You agree to that? MR. TREVINO: Yes, that's correct. CHAIRMAN KAUFMAN: And you have 120 days to come into compliance; not a problem? MR. TREVINO: It shouldn't be a problem. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion from the Board? MS. ELROD: I make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. TREVINO: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. MS. BUCHILLON: Next stipulation, No. 12, CESD20220001443, Michael C. Peck and Svetlana V. Peck. MR. COLLIER: Good morning. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? July 28, 2022 Page 10 MR. COLLIER: I do. THE WITNESS: Yes. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. Do you want to read the stipulation into the record for us? MR. COLLIER: For the record, Adam Collier, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of the hearing and abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion for the unpermitted pool alterations within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. The respondent must notify Code Enforcement within 24 hours of the abatement of the violation and request that the investigator perform a site inspection to confirm compliance. CHAIRMAN KAUFMAN: Go ahead. MR. COLLIER: Twenty-four-hour notice shall be by phone or fax and made during the work week. If the violation is abated 24 hours prior to a Saturday or a Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday, or legal holiday. And 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: Thank you, Adam. Any questions or motions from the Board? MR. AYASUN: I have one question. July 28, 2022 Page 11 CHAIRMAN KAUFMAN: Okay, Tarik. MR. AYASUN: Is it the construction or alteration? I think the gentleman said "alteration," right? MR. COLLIER: So they've redone tile and -- they redid tile, redid some plumbing, things like that. There's some contractor issues, from my understanding. MR. AYASUN: Thank you. MR. COLLIER: No problem. MS. ELROD: I'll make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. COLLIER: Thank you. MS. BUCHILLON: Next stipulation, No. 9, CESD20210011506, Saint Jeans Services, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. WARDER: I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning. July 28, 2022 Page 12 MR. WARDER: Good morning, sir. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us? MR. WARDER: Yes. For the record, I'm Ira Warder, Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted shed, and remove -- and the removal of the windows from the residence within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation, and request the investigator perform a site inspection to confirm compliance; 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. Let the record show that the respondent is not present. Any questions or motions from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? July 28, 2022 Page 13 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And the last stipulation is No. 7, which we don't have a copy of, but I'm sure Helen will put it up on the machine. MS. BUCHILLON: Next stipulation, No. 7, CESD20210012154, 4630 Gulfstream Drive, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINO: I do. MR. LATINO: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. LATINO: Dan Latino. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MR. MARINO: All right. For the record, I'm Joseph Marino, code enforcement investigator for Collier County. 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, certificate July 28, 2022 Page 14 of completion/occupancy for the unpermitted demolition within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Twenty-four-hour notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday, or legal holiday, then the notification must be made on the next day that it is not a Saturday, Sunday, or legal holiday; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Great. Sir? MR. LATINO: Yes. CHAIRMAN KAUFMAN: Any problem meeting the stipulation dates? MR. LATINO: No, sir. CHAIRMAN KAUFMAN: Okay. Any motions or comments from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. July 28, 2022 Page 15 CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Joe, you're new here, right? MR. MARINO: First time, yes. CHAIRMAN KAUFMAN: Your first time. MR. MARINO: Yes, sir. CHAIRMAN KAUFMAN: Good luck to you. MR. WHITE: Mr. Chairman, I'd just note that Mr. Latino is a managing member of the LLC and authorized agent. CHAIRMAN KAUFMAN: Whatever you say. Okay. Thank you, Joe. MR. MARINO: Thank you. MR. LATINO: Thank you. CHAIRMAN KAUFMAN: Adam is showing you the ropes? MR. MARINO: Yes, sir. MS. BUCHILLON: The first five went quickly, right? CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: Okay. Next case, under hearings, No. 2, CESD20220001465, Jesus A. Gonzalez and Justina Ruiz. MS. JUSTINA RUIZ: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. JUSTINA RUIZ: I do. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. Can you state your name for us on the microphone. July 28, 2022 Page 16 MS. JUSTINA RUIZ: My name is Justina Ruiz. CHAIRMAN KAUFMAN: Okay. Why don't you present your case. MR. MARINOS: Yes, sir. Good morning. For the record, Investigator Charles Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220001465 dealing with violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i) located at 2007 Hunter Boulevard, Naples, Florida, 34117. Folio No. 363002008. Let's see. On February 2nd, 2022, I received this case as a referral from Contractors Licensing Case No. CEV2022004 -- 000425. When I received the case referral, permits PRBD20200727451 and PRBD20200938304 were both in expired status. I met with Ms. Ruiz at that time to gather more facts. She indicated that the work conducted on site was done by a contractor that had been suggested by her home insurance company due primarily to damages caused during Hurricane Irma. Repairs were included but were not limited to the following: Electrical repair, drywall repair, water damage remediation, tile repair, flooring replacement, structural damage, ingress/egress damage repair, and fencing repair. Information was presented at that time to the building official, Jonathan Walsh. It was determined that the expired permits would need to be resolved. A notice of violation was prepared, and good service was given on February 18th, 2022. Since that time, Ms. Ruiz has been very communicative and remained responsive to inquiry. She's had some trouble making progress in actually securing the permits mostly due to some personal problems, I believe. July 28, 2022 Page 17 At this time, both permits remain expired status, having not really changed status since then. CHAIRMAN KAUFMAN: Okay. Do you have any pictures or -- MR. MARINOS: Yes, sir. I would now like to present case evidence in the following exhibits: One building determination prepared and presented before the building official on February 18th, 2022; two pictures taken on 18th of February 2020 by Ivan Afanador, I believe is how you pronounce his name, the contractors licensing official who conducted the official -- original investigation; and then one picture taken by myself on July 27th, 2022, yesterday, showing the house in its current conditions. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos and the documentation? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to that? MS. RUIZ: No, sir. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the documentation? MS. ELROD: Motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) July 28, 2022 Page 18 CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: All right. First up is the determination. As you can see, Mr. Walsh said the expired permits need to be resolved. MR. MARINOS: Both of these pictures just show some of the various repairs that were already completed by the time the initial investigation took place. MR. LETOURNEAU: We're limited on pictures. We're just asking for these permits to be reissued, inspected, and CO'ed. MR. MARINOS: Yeah, there's about 200 individual photos of different repaired items. CHAIRMAN KAUFMAN: Okay. Is there any reason why they weren't CO'ed at the time that the repairs were done, or do you want me to ask the respondent? MR. MARINOS: Yeah. I'll let Ms. Ruiz speak to the details of that. It kind of comes down to their personal information, so... CHAIRMAN KAUFMAN: Okay. Is that house in Livingston Woods? MS. JUSTINA RUIZ: I'm sorry. CHAIRMAN KAUFMAN: Is this located in Livingston Woods, Hunter Boulevard? MR. LETOURNEAU: No, that's Golden Gate City. MS. JUSTINA RUIZ: Golden Gate City, yeah. CHAIRMAN KAUFMAN: Oh, okay. Okay. Moving on. Your turn. MS. JUSTINA RUIZ: My turn. Hurricane happened in 2017, if I'm not mistaken. CHAIRMAN KAUFMAN: Several years ago, yes. MS. JUSTINA RUIZ: So it took me two years to fight with the insurance company just to get the money for the roof and the fence. And I had to chip in money of my own to get it fixed, because what July 28, 2022 Page 19 they gave me was 14,000, and at the time it was 16,000. So they gave me that. Then they send me -- I kept fighting with them. A year later they send me a contractor, that he was going to fix my house. They paid directly the contractor, and he forged my husband's signature -- my ex-husband's signature and cashed the check. They were doing a crappy job. And I kept complaining to a friend of mine, said, listen, they're doing, like, sloppy jobs. Like, they're not doing half of what, you know, they said they would do. And he says, why don't you go to the county and see if he pulled permits. So I did exactly that. I went to the county. They said there's no permits pulled. So I ratted him out, however you want to say it. And I also showed proof that he forged the signature on a check and all that stuff. And I kept coming back. They assigned Ivan. He said his last name. I don't know how to say it. CHAIRMAN KAUFMAN: From Contractors Licensing. MS. JUSTINA RUIZ: Yeah. And I kept -- they -- I did that in January, first week of January 2020. Ivan met up with the contractor on February of 2020. And I kept texting Ivan and calling Ivan what's going on? What's taking so long? What is up to -- but I just kept getting excuses. I kept emailing. I said, let's take him in front of the Board, because he's going to -- he's just going to vanish. He's going to disappear. He's not going to come back and fix everything that needs to be fixed, because he did what he did for a reason. Come to find out, he put a second claim. My insurance gave him another $20,000. I never saw of him. I kept coming to the Collier County. I asked, let's go in front of the Board so they can fine him or do something. Why is he not being fined? Because when I made a mistake on the roof, I was being fined $100 every month. July 28, 2022 Page 20 So I was trying to get him -- get you guys to fine him or do something to get him to start the work and do what he has to do. But, nothing. Then Timothy Crotts -- I don't know if I'm -- MR. MARINOS: Yes. MS. JUSTINA RUIZ: Okay. You know, he was the one handling the case. He called me -- along with Ivan, he called on the -- October, and I -- you know, I said what's going on? It's been 10 months. Nothing's happening. Where are the permits? He's not started work or anything like that. He said, Justina, just don't worry about the 10 months that went by. Let's just talk about right now and what's going to happen right now. Nothing happened. Ivan left Collier County on December 2nd, I believe. And I tried to contact Mr. Crotts, and nothing, no response. No nothing. I'm a stay-at-home mom. I don't work, so I don't have any income to provide for the permits that he pulled or he didn't pull or whatever. So I need your help. CHAIRMAN KAUFMAN: Okay. Is this an active case with Contractors Licensing? MR. MARINOS: It is not at this time, no; they closed it. MR. LETOURNEAU: Do we know what happened to the contractor? MS. JUSTINA RUIZ: He disappeared; he vanished. I came here in January, but due to -- it was in regards to the contract. I wasn't able to talk, so they just said that they had canceled his licensing for, like, three counties or something like that. I'm not sure what happened. CHAIRMAN KAUFMAN: Okay. First thing we need to do is to find out if a violation exists. You have permits that need to be redone. We'll talk about that in a second. But does a violation July 28, 2022 Page 21 exist? Take a motion from the Board? MR. FUENTES: I make a motion that a violation does exist. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So a violation exists. Let me just ask if the county has a solution for us. MR. MARINOS: It's a pretty tough one in her situation. The way to solve this would be to get the permits in at least -- typically, would be to get the permits reissued, have all the inspections done, and have bring the permit CO'ed. CHAIRMAN KAUFMAN: Have any of the inspections been done? MR. MARINOS: No. CHAIRMAN KAUFMAN: Okay. So they did the work, but it's never been inspected? MR. MARINOS: Yes, sir. MR. LETOURNEAU: So just -- the original contractor eventually pulled the permits? MR. MARINOS: He did. MR. LETOURNEAU: He did, okay, all right. But didn't do anything after that? July 28, 2022 Page 22 MR. MARINOS: Pulled them, and then they kind of just sat there issued and until they expired. CHAIRMAN KAUFMAN: They disappeared. Okay. So to resolve this one way or the other -- I'm not sure exactly how -- these permits have to be reinstated and inspected, et cetera. That's what needs to be done. I know that you're fighting with the insurance company on this. MS. JUSTINA RUIZ: I'm not fighting anymore with the insurance company. They canceled me the minute they paid him. They gave him a check, I think it was, September 10th, and they canceled me on September 11th. MR. FUENTES: So what happened was you probably signed an assignment of benefits, which allowed the contractor to inherit all the proceeds from the carrier, and what happened in 2017 was a lot of these contractors just left the state of Florida and bailed, and they took the money with them. MS. JUSTINA RUIZ: Yeah. Unfortunately, what I did is I signed the paper to give him permission to come into the house and put the claim towards the insurance company. It was a little paragraph. MR. FUENTES: Yeah. It's an assignment of benefits, yep. MS. JUSTINA RUIZ: And he forged my signature also on a contract, a three-page. I can show you. MR. FUENTES: That's okay. MS. JUSTINA RUIZ: Okay. So, yeah. He did have people come in and do work, but they did -- like, I have a crack on my ceiling, and they just painted over it to cover it. You can see it now again, because... CHAIRMAN KAUFMAN: Jeff, do you have any idea of what kind of solution could be put together on this? MR. FUENTES: I have a solution. July 28, 2022 Page 23 MR. LETOURNEAU: I think any solution at this point is going to be not good for the respondent. I will say that the county would recommend giving her a long time to try to take care of this. That's probably the best thing I could say, and minimal fines hopefully. She's in a tough situation, and... CHAIRMAN KAUFMAN: Let's just say that we give the respondent a year and a $50 fine, but in a year is anything going to be done? MR. LETOURNEAU: I don't know, but she can always come back after a year, and I have no objection to that at this time. MR. FUENTES: Yeah. I may have something that may help you as well. That assignment of benefits is pretty harmful. And I have somebody that kind of specializes in kind of breaking that and making sure they get you back the proceeds and dealing with that legally. So I do have somebody that you may want to contact. MS. JUSTINA RUIZ: Okay. That would be great. MR. FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. That sounds like a partial solution. So does anybody want to make a motion on this case? (No response.) CHAIRMAN KAUFMAN: I'll make one. I'd like the respondent to pay the operational costs of -- what is it, 59.28? MS. BUCHILLON: Yes, sir. MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: -- 59.28, and come into compliance in one year, or a $50 fine -- $50-per-month fine. MR. LETOURNEAU: Per month? MS. JUSTINA RUIZ: After a year? CHAIRMAN KAUFMAN: After a year. MR. WHITE: And the 59.28 paid in 30 days? CHAIRMAN KAUFMAN: That's correct. July 28, 2022 Page 24 MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. So what this comes down to, hopefully you can get some assistance in resolving the situation. You have a year. If after 11 months you're still fighting the battle, as Jeff said, you can come back and request more time. We reali ze it wasn't you; it was the situation of the day with Irma. But that's my motion. Do we have a second on the motion? MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So good luck. MS. JUSTINA RUIZ: Thank you. MR. FUENTES: This may be the only thing that can help you. Give him a call and see if he's willing to. CHAIRMAN KAUFMAN: Okay. Thank you. MR. MARINOS: Thank you. MS. JUSTINA RUIZ: Thank you. Have a great day. MR. AYASUN: That was very nice of you. MR. FUENTES: I'm a nice guy. MS. BUCHILLON: Next case on the agenda, No. 3, CELU20220002018, Steven M. Thomas. We actually have four cases for the same person. CHAIRMAN KAUFMAN: Okay. July 28, 2022 Page 25 MR. FUENTES: One wasn't good enough. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. THOMAS: Yes. MR. MIGAL: I do. MR. HERNANDEZ: Yes. CHAIRMAN KAUFMAN: Can you state your name? MR. HERNANDEZ: Rogelio Hernandez. CHAIRMAN KAUFMAN: I can't hear you. MR. HERNANDEZ: Rogelio Hernandez. CHAIRMAN KAUFMAN: And you are? MS. THOMAS: He's a witness, and I'm Terri Lynn Thomas, the daughter of Steven M. Thomas, who is recently deceased. CHAIRMAN KAUFMAN: Okay. MS. THOMAS: I'm his personal representative, I suppose. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: There's a power of attorney loaded into the IDrive for each of these cases. CHAIRMAN KAUFMAN: Okay. You're qualified. Okay. MR. MIGAL: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CELU20220002018 dealing with violations of the Collier County Land Development Code 04 -41, as amended, Section 1.04.01(A) and 2.02.03 located at 2260 Keane Avenue, Naples, Florida, 34117; Folio 333320004. Service was given on March 9th, 2022. On February 25th, 2022, a complaint was received for multiple unlicensed and/or inoperable vehicles, trailers, and boats being stored July 28, 2022 Page 26 on the property. On February 28th, 2022, Investigator Bradley Holmes and I conducted an initial investigation. We observed multiple unlicensed and inoperable vehicles and boats and RVs throughout the property. We met with the daughter of the property owner to explain the violation, Terri Lynn Thomas. On April 12th, 2022, during my reinspection, I observed that the vehicles in the front of the property and two of the vehicles in the rear of the property had been removed from the premises, but new inoperable vehicles were present in the front of the property. Subsequent monthly inspections verified that there were still multiple unlicensed and inoperable vehicles and boats on the property. I would like to say that I have maintained good contact with Terri Lynn throughout this case. She's always been congenial and is working with us to resolve these issues. And I will make that statement now for all four cases. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Okay. As of July 27th, 2022, the violation remains. I would now like to present case evidence in the following exhibits: Five pictures taken by me on June 6th, 2022; three pictures taken by me on July 11th, 2022; and three pictures taken by me on July 27th, 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MIGAL: She did. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MS. THOMAS: No, there's no objection. CHAIRMAN KAUFMAN: Okay. Get a motion from the July 28, 2022 Page 27 Board to accept the photos. MR. FUENTES: Make a motion to accept the photos. MR. AYASUN: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Are these photos, by the way, the same photos that you're going to show on the other cases? MR. MIGAL: I tried to mix them up, because there is some overlap in the pictures where you're looking at a boat plus you're looking at refuse, you know, next to the boat and on so forth. So there are some. I tried to make them as different as I could. There may be two or three. CHAIRMAN KAUFMAN: Okay. I'm just thinking ahead. That's all. Okay. This looks like a boat that -- the bull's eye. Jeff, did you sink that boat? MR. LETOURNEAU: Obviously, you've got some big files here. I'm not sure what's going on. MR. AYASUN: It must be very, very big. CHAIRMAN KAUFMAN: Yeah, reload it. MR. LETOURNEAU: Yeah. Let's try this. July 28, 2022 Page 28 CHAIRMAN KAUFMAN: So you got the first picture the first shot. MR. LETOURNEAU: That took a while to load, too. It was loading while you guys were talking about it. Maybe we could get their testimony, and I can just -- CHAIRMAN KAUFMAN: The pictures -- I'm assuming that the pictures are going to show the stuff that the county is citing? MS. THOMAS: Well, in this case, it will show the vehicles and boats that are not registered. MR. HERNANDEZ: We've removed a lot. MS. THOMAS: We have removed a lot of -- CHAIRMAN KAUFMAN: Stuff. MS. THOMAS: -- of vehicles that are in some of the pictures. There's a green Colorado that has been removed. The problem is that we have a family member who is residing at our guesthouse that -- CHAIRMAN KAUFMAN: Pictures are there now, okay. MS. THOMAS: Yeah. CHAIRMAN KAUFMAN: Do you want to narrate and go through pictures? MS. THOMAS: A lot of this stuff is his, though. It's not -- MR. MIGAL: This would be a picture that probably would pop up in a future case when it comes to the guesthouse renter in the front, and he also has a RV slash other vehicle repair that he's running on the property. That's No. 3 case. So you'll see that van a couple times from different angles trying to -- CHAIRMAN KAUFMAN: It's not registered? MR. MIGAL: It's not registered. It's not -- CHAIRMAN KAUFMAN: Okay. Next picture. MR. MIGAL: Another vehicle that's been on the property for a long time, and it's -- from the tenant, sorry, from his testimony that he July 28, 2022 Page 29 uses that to store things. CHAIRMAN KAUFMAN: So it's not registered? MR. MIGAL: It's not registered. CHAIRMAN KAUFMAN: That's all I need to know. MR. MIGAL: Okay, sorry. CHAIRMAN KAUFMAN: That's okay. MR. MIGAL: I believe that's the car she just said that has been removed, but at the time I took the picture, obviously it was there. Not unregistered, not running. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: A couple of cars, for lack of a better way to put it, in the trees. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: We're back to the original picture. CHAIRMAN KAUFMAN: Okay. How big it this piece of property? MS. THOMAS: Five acres. CHAIRMAN KAUFMAN: Five acres? MS. THOMAS: Yes. CHAIRMAN KAUFMAN: This is out in the Estates? MS. THOMAS: Yes. MR. MIGAL: It's actually ag zone. CHAIRMAN KAUFMAN: Okay. MS. THOMAS: There's actually -- I would like some clarification on how it's zoned, because in several violations here it says "unincorporated Collier County," then it also says "improved ag zone," and then it says "ag zone," and then I believe there's "estate zoned." So I'm not quite sure the actual classification. MR. FUENTES: That would be something more or less for you and the investigator to discuss. MR. LETOURNEAU: Well, for the record, Jeff Letourneau, July 28, 2022 Page 30 Collier County Code Enforcement. It's all unincorporated. Everything but the municipalities such as Naples, Marco Island are -- they're incorporated. We handle the unincorporated. So this piece of property is unincorporated. It also is in agricultural zoning. I know it's referenced as Estates in a couple of our cases, but it is ag zoning. CHAIRMAN KAUFMAN: Okay. Let me cut to the chase a little bit. It appears that you have a problem with a family member, and some of the stuff belongs to that person, and they're not willing to do anything? MS. THOMAS: Correct. CHAIRMAN KAUFMAN: My quick -- MS. THOMAS: Well, he is trying. He is -- he has stopped the business, and he has also done a lot of scrapping to remove the junk. CHAIRMAN KAUFMAN: Okay. He's aware that you're here today? MS. THOMAS: Yes. CHAIRMAN KAUFMAN: Okay. And has he been working with you also? MR. MIGAL: On and off. Back in March he said he had taken a job in Naples and was going to be moving out as well as cleaning up his area, which is that front guesthouse that there was -- I don't know if there was a picture of that yet. That's a different case. I don't think there's one in that -- which would have alleviated two of the cases immediately for her. But that has yet to happen. So April, May, June, July. He's still there. CHAIRMAN KAUFMAN: But the property owner is deceased? MS. THOMAS: Correct. CHAIRMAN KAUFMAN: So this is part of the property owner's estate? July 28, 2022 Page 31 MS. THOMAS: Yes. CHAIRMAN KAUFMAN: Okay. MS. THOMAS: However, I -- there is a will, and in the will my father does leave me the sole beneficiary or heir, however, to all this new debt. And so I am going through the probate process as well. CHAIRMAN KAUFMAN: Okay. MR. WHITE: As the personal representative, in effect, she is the property owner. MS. THOMAS: Oh. CHAIRMAN KAUFMAN: Okay. MS. THOMAS: Well, he is deceased, though. MR. WHITE: I understand. And you're the personal representative of -- MS. THOMAS: Of the property. MR. WHITE: -- your father's estate. MS. THOMAS: Yes, yes. MR. WHITE: And so, legally, if you will, once the probate is official, which is pretty much as standard as it can be, you are, for all intents and purposes, as I am for some of our family members here and in other estates, the personal rep and not only authorized but, in a sense, is the owner. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Title and equitable. CHAIRMAN KAUFMAN: Let me cut to the chase. On this particular case, does a violation exist, is my question to the Board. If it does, somebody want to make a motion to that effect. MR. FUENTES: Make a motion that a violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? July 28, 2022 Page 32 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So there is a violation. MS. THOMAS: Yes. CHAIRMAN KAUFMAN: How it's going to be resolved is the big -- the question of the day, and how much time do you need to resolve that situation, okay. I'm sure there's a road to the end of this pain, if you will. Do you have a suggestion for us, Rick? MR. MIGAL: I do. I -- MR. WHITE: Mr. Chairman, before he does, I mean, I think it would be relevant and helpful for the Board to understand where you are in the probate process because once that actually is determined by the Court, that she can act as the PR, then she's in a position to be able to make the decisions that are likely going to be the ones that are imposed as part of the abatement of this in the subsequent cases. So, perhaps, it would be helpful if we could have that information. CHAIRMAN KAUFMAN: Well, let me ask you a question. Is there anything stopping the respondent from removing one of those vehicles, for instance? MR. WHITE: I would say that depends upon who they may have been previously titled in the name of. For example, if it's -- I think it's your brother, would it be? MS. THOMAS: I do have a brother. July 28, 2022 Page 33 MR. WHITE: But it's not the renter? MS. THOMAS: No, no, it's a cousin. MR. WHITE: Okay. It's an unrelated individual. And if, for example, that vehicle or boat, whatever, was titled in their name, then there could be a challenge, an issue. MS. THOMAS: I do find myself running into that issue even with my father's titled vehicles because either I don't have the title -- he kept most of his titles, but I have not -- CHAIRMAN KAUFMAN: Those are details that will need to be worked out. MR. WHITE: I'm just suggesting that those are the complications that typically would arise, and it sounds like that's where we are. MR. MIGAL: If I may. CHAIRMAN KAUFMAN: Rick, yes. MR. MIGAL: It was just brought to my attention -- I guess they checked -- there's not at this point a probate filed with the county. MS. THOMAS: I did file the will. The will is in the Clerk of Courts, and I also filed his death certificate, which I thought that would have started the probate process. I spoke to an attorney who said that it was in the probate process, but see -- CHAIRMAN KAUFMAN: Wheels turn slowly. MS. THOMAS: Yeah. So I'm working on it as a pro se, you know, case. CHAIRMAN KAUFMAN: Okay. Whether it was filed or hasn't been filed, eventually it will need to be filed. And I think we can go on with the case and take the suggestion from the county and discuss that. MR. WHITE: Yes, sir. Absolutely, a petition must be filed. You're probably advised to do it through an attorney. You don't July 28, 2022 Page 34 have to, of course. But any technical defects are going to slow things down. And if a fine's imposed at some point as a result of this process and it takes you longer because you didn't, then it's going to cost you more in the end. MS. THOMAS: I do understand. I would make a recommendation, if I can. CHAIRMAN KAUFMAN: Before you do, let me just hear what the county has to say. Maybe that's better than your recommendation; I don't know. MS. THOMAS: Okay. MR. MIGAL: Okay. Recommendation is that Code Enforcement Board enforces [sic] 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, No. 1, repairing all inoperable defects and affixing a valid plate to each vehicle/trailer of any type owned by a legal occupant of the property; store said vehicles in a completely enclosed structure to conceal from view, or remove the vehicles or trailers illegally stored on said property to a site intended for such use within blank number of days of this hearing, or a fine of blank amount will be imposed for each day of the violation -- any violation continues; and, No. 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final investigation 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. What I suggest, we can fill in the blanks as to the days and the dollar amount, but what I just want to preface it by saying it takes six months to get it through July 28, 2022 Page 35 probate or whatnot and the time that we're about to give you is coming close to the end, I'm sure you could come back before the Board and say, hey, we're working on it, and we certainly will listen with open ears. So having said that, would anybody like to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: If not, I will. MR. RUBENSTEIN: A question, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: Before we fill in the blanks, could we say it would become effective upon conclusion of probate? CHAIRMAN KAUFMAN: That's kind of wide open. I would prefer to -- MR. RUBENSTEIN: Instead of this implementing it now and having the meter run with lots of dollars. CHAIRMAN KAUFMAN: Well, the meter doesn't start running until the days elapse. So if, for instance, we do 365 days, between now and next year no fines are accruing, and if the respondent comes back to us, let's say, 10 months from now and says it's going through the courts and probate and whatever, and we can see the end of the tunnel, we could grant additional time or take your suggestion at that time. MR. RUBENSTEIN: Well, let me ask counsel. MR. WHITE: Yes, sir. MR. RUBENSTEIN: Is that appropriate? MR. WHITE: It would be legally effective because there would be a date certain, but if you go to the next step, you're putting, effectively, the keys to the cell in the hands of the prisoner, meaning you're asking them to go into the cell and lock the door. My suggestion would be they probably won't because if it isn't until probate concludes and they never filed the petition at all, you July 28, 2022 Page 36 never get to the point where the fines would be imposed. You could do it in two steps saying you've got X number of days to conclude the probate process, and if that's not concluded, impose fines. If you give them that period of time and they do do it in that period of time, then the second step would be X number of days to get the work done. MR. FUENTES: So I've got one question. Is this visible from any neighboring properties? MR. MIGAL: I would say not really. MR. FUENTES: Not really, okay. I would like to make a motion. I'd like to make a motion that we give the individual 300 days to comply. That's about 10 months. If not, a fine would be imposed of $500 for each day. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. RUBENSTEIN: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. $59.21 to be paid within 30 days part of your motion? Say yes. MR. FUENTES: Yes. CHAIRMAN KAUFMAN: Okay. I don't want to twist your arm. Okay. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MS. RUIZ: No. CHAIRMAN KAUFMAN: One no? Two nos. Okay. Yes, yes, yes? July 28, 2022 Page 37 MR. AYASUN: Yes. CHAIRMAN KAUFMAN: Yes. So it carries. Now, let me say this: If you find yourself 250 days from now where probate hasn't gotten off to a good start, I suggest that you come back to the Board and tell us what's going on. And at that time, we could grant a continuance to give you more time. But I would think that the Court at that time would probably give you some idea of when it's going to be concluded. And in the meantime, you may work at getting rid of some of these vehicles. This is the first of four cases. We're going to hear the others next, okay. So that ends this case. MR. AYASUN: So this decision applies only to this case? CHAIRMAN KAUFMAN: That's correct. MR. FUENTES: Yeah. CHAIRMAN KAUFMAN: We haven't heard the next case. We don't know if it's in violation. MR. FUENTES: We've got three more. MR. AYASUN: Three more, okay. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Next case, No. 4, CELU20220002399, Steven M. Thomas. (The participants were previously sworn.) MR. MIGAL: Are we still on the record? CHAIRMAN KAUFMAN: You have to give your name again. MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: This is in reference to Case No. CELU20220002399 dealing with the violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, and 5.03.03(B). Property is located at 2260 Keane Avenue, Naples, Florida, 34117; Folio 333320004. July 28, 2022 Page 38 Service was given on May 20th, 2022. On February 28th, 2022, while conducting an investigation for a case concerning unlicensed RVs and ATV repair business on the property, Investigator Bradley Holmes and I discovered that the gentleman running the repair business named JoJo was renting the guesthouse from the property owner. Both the tenant and the daughter of the property owner, Terri Lynn Thomas, confirmed this to be true. On April 12th, 2022, I met with JoJo and Terri Lynn at the guesthouse where JoJo informed me that he had secured a new job in Naples and would be moving out of the guesthouse as soon as he found an apartment. Subsequent investigations in May, June, and July revealed that the tenant was still residing in the guesthouse. As of July 27th, 2022, the violation remains. I would now like to present case evidence in the following exhibits: Five pictures taken by me on March 9th, 2022, and two pictures taken by me on July 27th, 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. THOMAS: Yes. MR. MIGAL: She has. CHAIRMAN KAUFMAN: Any objection? MS. THOMAS: No, sir. CHAIRMAN KAUFMAN: Motion from the Board? MR. FUENTES: Make a motion to accept the photos. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. July 28, 2022 Page 39 MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Jeff, do your thing. MR. MIGAL: So this is the guesthouse. Another view. MS. THOMAS: That vehicle's gone, too. MR. HERNANDEZ: There's a lot of that stuff that -- MS. THOMAS: That is gone, and a lot of the junk around it is gone. CHAIRMAN KAUFMAN: Was most of that -- is most of that stuff the person who's renting the house? MS. THOMAS: Yes. MR. HERNANDEZ: Yes, sir. MR. MIGAL: This picture starts -- these are from yesterday. MR. HERNANDEZ: That thing's gone, I believe. MS. THOMAS: Those are not from yesterday. MR. MIGAL: No. He's going backwards now. MR. LETOURNEAU: This one and this one are from yesterday. MR. MIGAL: Two of them. CHAIRMAN KAUFMAN: All I'm interested in right now is, is the place rented in an area where you can't rent. What's outside of it is another case. MS. THOMAS: Technically, I am receiving no rent monies at all from -- CHAIRMAN KAUFMAN: So technically it's not being rented. It's being -- July 28, 2022 Page 40 MS. THOMAS: He's a family member. So his wife passed away, and he has three kids, and we were helping our family. MR. FUENTES: Technically, it's not being rented. MR. MIGAL: She's not -- she claims she's not receiving any rent money. It's been occupied originally, as I understand it and what I remember the testimony to be, it was being rented by the relative, and originally it wasn't disclosed to me that he was a relative. CHAIRMAN KAUFMAN: This is the JoJo? MS. THOMAS: Yes. CHAIRMAN KAUFMAN: Okay. And he is? MS. THOMAS: My cousin. CHAIRMAN KAUFMAN: Your cousin. Okay. Okay. So my first question is going to be, of the county, do you consider this being rented if it's a family member who's living on the property? Jeff? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I think -- correct me if I'm wrong, Rick -- the only real evidence that we have that it is being -- was being rented was their statement to you that it was being rented. We didn't see any receipts or any kind of rental agreement or anything like that? MR. MIGAL: That's correct. MR. LETOURNEAU: So now she's saying under oath that they're not receiving rent, and it is a -- did you say he was a cousin; is that what you said? MS. THOMAS: Yes. MR. LETOURNEAU: I think at this time, without enough evidence to prove this, the county's going to withdraw this case. CHAIRMAN KAUFMAN: Fine. Okay. July 28, 2022 Page 41 MR. WHITE: Okay. Mr. Chairman, the Board would have to agree and amend the agenda to allow the county to withdraw the case. CHAIRMAN KAUFMAN: No problem. Someone want to make a motion to amend the agenda? MS. ELROD: I'll make a motion to amend the agenda. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. AYASUN: Second. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So that case is gone. MS. THOMAS: Thank you. CHAIRMAN KAUFMAN: Okay? Unless he gives you some money. Okay. Which brings us to, Helen? (The participants were previously sworn.) MS. BUCHILLON: The next case, No. 5, CELU20220002016. MR. MIGAL: Okay. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CELU20220002016 dealing with violation of the Collier County Land Development Code 04-41, as amended, Sections 5.02.02, 1.04.01(A), and 2.02.03, and the July 28, 2022 Page 42 Collier County Code of Laws, Chapter 126, Article 4, Section 126-111(b). Property is located at 2260 Keane Avenue, Naples, Florida, 34117; Folio 333320004. Service was given on June 21st, 2022. On February 25th, 2022, a complaint was received for running an unlicensed RV and ATV repair shop on the property. On February 28th, 2022, Investigator Bradley Holmes and I conducted the initial inspection. We were greeted at the property gate by a gentleman named JoJo, who claimed to be a tenant renting the guesthouse. When questioned, he admitted to fixing vehicles of various types on the property and admitted that he did not possess a state license or Collier County business tax receipt. We observed various cars, vans, ATVs, and boats around the guesthouse and the front half of the property, most in some state of disrepair and/or unlicensed. We also met with the daughter of the property owner, Terri Lynn Thomas, who confirmed that JoJo was renting the guesthouse and conducting his repair business on the property. On April 12th, 2022, I met with JoJo and Terri Lynn at their guesthouse where JoJo informed me that he has secured a new job in Naples and would be moving out of the guesthouse as soon as he found an apartment, and at that point he would stop working on vehicles, clean up the area around the guesthouse. During subsequent inspections in May, June, and July, I observed that vehicles in various states of condition continued to be staged around the guesthouse. As of July 27th, 2022, the violation remains. I would like to now present case evidence in the following exhibits: Five photos taken by me on March 9th, 2022, and two photos taken by me on July 27th, 2022. July 28, 2022 Page 43 CHAIRMAN KAUFMAN: Has the respondent seen those photos? MR. MIGAL: She has. MS. THOMAS: Yes. CHAIRMAN KAUFMAN: Any objection? MS. THOMAS: No. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the photos. MS. ELROD: Make a motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. John, you have a question? MR. FUENTES: So, I mean, we have two more cases here we're going to be listening to. I can kind of see what the descriptions are for the two. We've seen some of the photos. And, you know, you mentioned that JoJo's living with you guys for free, that he lost his wife, and that you guys are being so kind enough where he can just remain on the property at no cost to him. I would think that JoJo would trim the trees, paint the driveway, clean the driveway, clean your house and windows at no cost because you're being such a sweetheart to let him live for free. I want you to know the next two cases have to do a lot with July 28, 2022 Page 44 either litter or some type of usage that's not allowed. And it seems very unfair to me that you're allowing a gentleman to live on your property at no cost to him while he goes ahead and destroys the property, does everything illegal in Collier County, and that you have to deal with the fines. And I do at least want you to realize that the next two cases will be addressed differently due to that. Okay? MS. THOMAS: Thank you. CHAIRMAN KAUFMAN: On this particular case, let me ask the county: Everything hinges around allowable uses in the Estates property? MR. LETOURNEAU: Yeah. Back to the -- it is an ag property. I'm not saying that what he's doing here couldn't possibly be legally done at some point; however, he'd have to jump through a bunch of hoops to do it, and including state licenses, business tax receipt, zoning certificate, possible rezoning, whatever it would take. So right now they're definitely in an illegal status. CHAIRMAN KAUFMAN: Okay. Well, the respondents haven't had a chance to comment on this particular case. JoJo has said to you -- or he said to the county that he's going to be moving at some point. MS. THOMAS: Yes. CHAIRMAN KAUFMAN: Do you have any idea when that's going to happen? MS. THOMAS: No, I don't, as far as when he's going to be moving. But I would like to say that the shed that was on the side of the house that you saw in one of the previous cases -- MR. HERNANDEZ: It was a portable shed thing. MS. THOMAS: Yeah, that one right there. MR. HERNANDEZ: He put it up and -- MS. THOMAS: That is no longer there. That's where he was working -- July 28, 2022 Page 45 MR. WHITE: One at a time. MS. THOMAS: Sorry. But that's where he was working, you know, on ATVs and trucks and stuff was in that shop, and it is no longer there. That's been removed from the property at least two months ago, and he's no longer -- he doesn't have -- he's not running a business anymore. MR. HERNANDEZ: Do you mind if I -- CHAIRMAN KAUFMAN: Yes, sir. MR. HERNANDEZ: He was -- I think he might even still be working for this four-wheeler company or -- like, a four-wheeler company, so he was fixing stuff, so a lot of that stuff came from his job that his boss would throw him extra work or whatever. So I don't know -- I know that a lot of that stuff right there is gone now. But I don't know if that matters as far as him not having a license. I have no idea. I don't know. MR. LETOURNEAU: Rick, where do the most recent pictures start at? MR. MIGAL: There should be two dated July 27th on there. MR. LETOURNEAU: Let me look here. All right. MR. MIGAL: That's looking from the drive -- yeah. MR. LETOURNEAU: So in the county's mind, we had a business, and there still is a bunch of business products on this property. So we can only assume the business is being run until this stuff is removed. That's our position. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. MR. FUENTES: I'd like to make a motion that a violation exists and we give the respondent 30 days to comply. CHAIRMAN KAUFMAN: Let's vote on the "violation exists" first, then we go from there. Okay. MR. RUBENSTEIN: I'll second. July 28, 2022 Page 46 CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now -- MR. RUBENSTEIN: Question: Is the tenant responsible for all that junk or the landowner? CHAIRMAN KAUFMAN: Property owner. MR. FUENTES: He's not a tenant. CHAIRMAN KAUFMAN: Whether he is or isn't, it's -- the property owner is always responsible for the property. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Before we -- MR. RUBENSTEIN: So it doesn't really matter whether we care that the tenant's there or moving or what; these folks are responsible? CHAIRMAN KAUFMAN: That's correct. MR. FUENTES: Yes. CHAIRMAN KAUFMAN: That is correct. I would like to find out what the county's suggestion is before we make a motion. MR. MIGAL: Okay. The recommendation is 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 July 28, 2022 Page 47 within 30 days and abate all violation by: Number 1, obtaining all required county -- Collier County approvals, including business tax receipt or cease all -- try it again -- or cease all unauthorized business activities within blank number of days of this hearing, or a fine of blank dollars 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 -- 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. Let me ask the county a question before we fill in the blanks. What would you consider a proper resolution to this property -- problem as far as the business is concerned? MR. LETOURNEAU: Okay. So I kind of want to tie it, if we can, if you do find a violation on Case 8 [sic], that -- the only way the county's going to be sure that the business is not being run is that the vehicles that are in the state of disrepair that aren't owned by people on the property -- and I'm talking the ATVs, recreational, whatever you have on there -- are removed. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So that's when I think that we would say, Rick, sign your affidavit of compliance. So, obviously, a lot of that stuff's going to be handled in the next case, and I would suggest maybe tying the dates together on those. MR. WHITE: And I believe Mr. Letourneau referred to it as Case 8, but it's Case 6. July 28, 2022 Page 48 MR. LETOURNEAU: Oh, excuse me. MR. WHITE: One other point of information in order for the order itself, although the notice says that it's a guesthouse in Estates-zoned property, I believe the testimony is today that it is ag, and as part of the order it would so state in this portion of the order that it's ag zoning. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And maybe on this recommendation at the end of all unauthorized business activities and removal of all business-related vehicles, you could add that into this one maybe, you know; I'm not sure. CHAIRMAN KAUFMAN: Okay. Well, I would suggest to whoever makes the motion that we look at the last motion, the 300 days and the $500 fine and tie it to this one as well. I think when you get the first one fixed, this one will automatically get fixed with it. Question? MS. ELROD: Yes, sir. You said the shed that he was working out of has been completely removed? MS. THOMAS: Yes. MS. ELROD: So he has no tools to work the business on the property? MS. THOMAS: Correct. MS. ELROD: Okay. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MR. FUENTES: Yeah. I'll make a motion that we go ahead and give the respondent 30 days to comply. The reason for 30, there's a lot. There is a lot. So they're going to need time to get all of this out of there. If not, we'll impose a fine of $750 each day, and that all business equipment and vehicles are removed as well; that July 28, 2022 Page 49 that gets added to the agreement. MS. THOMAS: Can I appeal that, like, right now? Can we please tie it in with the first case? CHAIRMAN KAUFMAN: Did you say 30 days or 300? MR. FUENTES: I said 30 days. MR. LETOURNEAU: I will say that what Kathleen said, going back to the original case -- and, like I said, the county can only be sure that the business is not being run if all the equipment and everything's gone; however, I do understand that some of that -- some of the vehicles might be difficult to remove. You know, when you said you removed the shed and removed the tools, well, the tools could have been moved right to the house. He still could be -- he still could be working on this. So it's going to be difficult for county to determine whether or not the business is still being run. MS. ELROD: Again, if those titles don't belong to either person -- MR. LETOURNEAU: Right. MS. ELROD: -- 30 days, she can't get them out. MR. LETOURNEAU: No, I understand. MR. FUENTES: Well, we also can't leave business equipment out there for 300 days either for the first -- for the first case that we had, that would be far too long. It's going to tie in with the litter case as well. MR. LETOURNEAU: How about this, that the ATVs -- what's the holdup on getting rid of those? MS. THOMAS: We're -- we are in the process of selling what we do have. We've made listings on certain websites to try to sell the parts and sell what is on our property, whether it's working or not. You know, sometimes people need parts or however, so we're trying to -- July 28, 2022 Page 50 MR. LETOURNEAU: I would say that if we got rid of all the AT -- all the stuff that doesn't need, you know, licenses and stuff they can remove without having permission from an owner, like the junk, obviously, all the car stuff and crap like that, and the ATVs, we would -- we would, you know, consider signing off on an affidavit of compliance at that time and, you know, tie the other vehicles to the first case. MR. FUENTES: Because Case 4 is addressing inoperable RVs, unlicensed vehicles, inoperable boats, which, okay, fine, we can understand the title in that process. Case 5 is addressing four-wheelers, running mechanical work from a shop and the guesthouses. So they're both addressing two different things. I don't see why we would need to address, let's say, more than 45 days for a four-wheeler and things of that sort when that's part of the business. MR. WHITE: Mr. Fuentes, there are four cases. MR. FUENTES: Yes. We're on Case No. 5 right now. MR. WHITE: Okay. Case No. 5, gotcha. MR. FUENTES: Yes, the violation addresses running mechanical four-wheelers out of the shop. MR. WHITE: Right. It is the business only. MR. FUENTES: Yeah. Case 3 addresses unlicensed and inoperable vehicles, such as the boat, RV, and things of that sort. MR. LETOURNEAU: So here's the county's position right now. Just as I stated, if they get rid of the vehicles that don't need licenses that you could just -- you know, you don't need a permission from the owners to get rid of them, ATVs and such like that, and all the car parts and junk -- you know, all the car parts that are associated with those vehicles, we would sign an affidavit of compliance at that time for this particular case right there. Obviously, the other vehicles, you gave them 300 days to take care of those. That's July 28, 2022 Page 51 another situation. They're going to have to work with other owners and stuff like that. So that's where we're at. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. AYASUN: Second. MR. RUBENSTEIN: This is the one with 45 days, now? MR. FUENTES: Thirty, 30. MS. ELROD: Seven fifty a day. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. Motion fails. MS. RUIZ: I'm a no. CHAIRMAN KAUFMAN: Okay. So the motion fails 4-2. I think we need to be reasonable in the amount of time. Thirty days is, to me, not sufficient time to get it done. Considering that the respondent has been working with Code Enforcement to get everything done, I think additional time would be proper. MR. HERNANDEZ: Thank you. CHAIRMAN KAUFMAN: So instead of it being 30 days, 90 days -- we do that for people putting fences up around pools. I mean, that's -- MR. FUENTES: Okay. CHAIRMAN KAUFMAN: So I would like to modify your motion and make it 90 days if I get a second. July 28, 2022 Page 52 MR. RUBENSTEIN: I'll second that. MS. ELROD: The fine amount? MR. RUBENSTEIN: The days. CHAIRMAN KAUFMAN: The days. The fine amount I would make $100 a day. MR. RUBENSTEIN: And I'll second that as well. MR. WHITE: And just as a point of order, Mr. Chairman, the form of the motion is the county's recommendation that's on the screen plus what Mr. Letourneau had said about removing or selling the ATVs and the related parts and equipment? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Just so I know how to write the order. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Very good. MS. THOMAS: May I ask a question? Am I not allowed to have ATVs, and do they have to be registered? I don't understand. Like, I mean, we have operable ATVs that are ours, and we do -- MR. LETOURNEAU: Are you saying -- do you have records of ownership of those ATVs? MS. THOMAS: I mean, we have bill of sale. MR. LETOURNEAU: That's fine. Whatever you have a record of that you own, obviously, you can keep on your property. MR. HERNANDEZ: Okay. MS. THOMAS: Okay. MR. LETOURNEAU: It's the stuff that other people own that were being worked on that needs to be removed. MR. HERNANDEZ: Okay. MR. LETOURNEAU: You can't have -- you can't store nonresident vehicles on the property nor can you be working on those vehicles. CHAIRMAN KAUFMAN: Well, given the amount of time -- I July 28, 2022 Page 53 realize that you're trying to dispose of them now -- probably in 90 days you'd be in a position to let us know how much stuff has been done. If you need more time, or whatever, we can cross that bridge when we come to it. So I have a motion. It's seconded by Lee. MR. AYASUN: Mr. Chairman? CHAIRMAN KAUFMAN: Yes, Tarik. MR. AYASUN: Point of order. Doesn't he have to withdraw his motion so you can't make another one, or did he withdraw it already? MR. WHITE: No, the motion failed. MR. AYASUN: It failed. CHAIRMAN KAUFMAN: The motion failed. So you have my motion? Terri, you have it? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Let's vote on it. MS. RUIZ: Does the 300 days stand? CHAIRMAN KAUFMAN: No, no. MR. FUENTES: Ninety. CHAIRMAN KAUFMAN: No. This is ninety days, and the fine is $200 a day after 90 days. MS. ELROD: You did say 100. MS. RUIZ: Okay. Three hundred -- CHAIRMAN KAUFMAN: Hold on one second. MR. RUBENSTEIN: You said 100. MR. AYASUN: A hundred. CHAIRMAN KAUFMAN: Oh, I'm sorry, a hundred. MR. RUBENSTEIN: This is on Case 5? CHAIRMAN KAUFMAN: That's correct. MS. BUCHILLON: And the operational costs, 30 days. CHAIRMAN KAUFMAN: 59.21 to be paid in 30 days, yes. July 28, 2022 Page 54 Okay? Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It passes. So that's the first -- the second, which brings us to Case No. 6. MS. BUCHILLON: Case No. 6, CENA20220005940? (The participants were previously sworn.) MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CENA2022...5940 dealing with violation of Collier County Code of Laws, Chapter 54, Article V, Section 54-181 located at 2260 Keane Avenue, Naples, Florida, 34117; Folio 333320004. Service was given on June 27th, 2022. On June 23rd, 2022, this case was opened to specifically address the litter violation on the property which was originally observed on February 28th of 2022. During the initial inspection, I observed litter and/or prohibited outdoor storage, including carports, tires, and other items in several areas around the property. On July 11th, 2022, I observed that cleanup efforts had been made in some areas of the property, but substantial amounts of items remained on the property. As of July 27, 2022, the violation remains. I would now like to present case evidence in the following July 28, 2022 Page 55 exhibits: Three photos taken by me on February 28th, 2022; six photos taken by me on June 11th, 2022; and three photos taken by me on July 27th, 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MIGAL: She has. MS. THOMAS: Yes. CHAIRMAN KAUFMAN: Any objection? MS. THOMAS: No. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos? MR. AYASUN: Motion to accept the photos. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I know in past cases when you have litter, sometimes the items are specified on the NOV, on the notice of violation. This one is -- we're looking at two different things; the parts for the business that was being run there and litter. MR. LETOURNEAU: Yeah. What I would say, our normal verbiage on these litter cases is removal of all litter and all other items not made for outdoor storage. You know, that would have July 28, 2022 Page 56 been a better way to probably say this. I think our recommendation, if you do find a violation, kind of tightens that up a little bit. But you are correct on that. Obviously, there's more litter other than what is associated with that business, too. So is that what you're asking, or -- CHAIRMAN KAUFMAN: Yeah. I'm looking at a picture there, and I see an ATV there that's -- MR. LETOURNEAU: That's not litter. We're talking about, like -- CHAIRMAN KAUFMAN: The tires that are -- MR. LETOURNEAU: Yeah, the tires -- you know, the junk hanging out around here. Maybe if you look at some other pictures. This isn't authorized for outdoor storage right here. There's plenty of other stuff that's not business related that's, you know, on this property. You can see that -- MS. THOMAS: That was -- MR. LETOURNEAU: I mean, to me that's litter right there. Those old jacuzzis. MS. THOMAS: That's all been cleaned up. MR. LETOURNEAU: Anything that wasn't built to be parked or stored outside, pretty much, we want either stored appropriately or removed from the property. CHAIRMAN KAUFMAN: Okay. I just wanted to get a handle on what the county considers litter. MR. LETOURNEAU: Because when we do a litter case, we always put "prohibited use," so that pretty much covers the zoning that you're not allowed to store items that weren't built to be outside outside. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Obviously, there's litter here, if you see these pictures. July 28, 2022 Page 57 CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: There's tons of litter. CHAIRMAN KAUFMAN: Rick, that's your case? MR. MIGAL: It is. CHAIRMAN KAUFMAN: Okay. Now, it appears to me that a semi solution for this would to be call up one of the junk haulers and say, take all this stuff away, which shouldn't take a long time to do, but I don't know what you want to do. This has nothing to do with probate. MS. THOMAS: Well, getting some of the vehicles and boats and such transferred into my name, it will take money, which I am not -- I don't have at the moment. MR. LETOURNEAU: We are not considering vehicles litter. We're just -- you know, I mean, common, you know, verbiage for litter is, you're looking at it right here. All the junk laying around -- MS. THOMAS: And, like I said, we are actively scrapping. I mean, we are actively taking, like, you know, in this picture right here that he took yesterday, there was a side awning, you know, with poles that, you know, isn't allowed to be there, so we took that down. I mean, we are, you know, currently and actively working on clearing up the junk. CHAIRMAN KAUFMAN: Now, I realize this is not my property, but what I would do is get a dumpster in there and just walk around and throw all the stuff in the dumpster. MS. THOMAS: I did call Yahl Mulching to see what, you know, their dumpster rates would be, and they said $700 for the weekend. So that's just money I don't have right now, unfortunately. But not to say that I'm not going to be getting a job soon. MR. FUENTES: What about JoJo? Could JoJo afford to contribute since living for free? MR. HERNANDEZ: He's been taking out -- he's been taking a July 28, 2022 Page 58 lot of that stuff out of -- the guesthouse where he's staying, a lot of that stuff's been removed already. Granted, he -- I mean, he has brought other things there, but I keep getting on him about, hey, man, you've got to get this out of here. MR. FUENTES: Right. MR. HERNANDEZ: And we're trying. And then this is back at our side of the property, I guess you could say. MS. THOMAS: The main house, not the guesthouse. MR. HERNANDEZ: A lot of that stuff was her father's. We're just trying to organize, see what we've got, see what is there, you know, and then deal with what we can. But, I mean, it's a lot. MR. RUBENSTEIN: I have a question for Ricky. With the resources out there, how long do you feel it would take to clean up this property? MR. MIGAL: Assuming she has the money to -- you're talking about hiring someone or the -- MR. RUBENSTEIN: Well, you're going to need a forklift and a dumpster. MR. MIGAL: Yeah. She -- I don't want to -- you know, I will let her -- she's trying to access the accounts that are tied to her father that would give her the money to do this. MR. LETOURNEAU: That's a tough question for an investigator to estimate. MR. MIGAL: If someone came in and did this for her, like one of these junk hauling companies, I still think it would take a week or longer. There's -- it's through the whole property. There are things everywhere. MS. THOMAS: Yeah. My parents had been there since 1979, so... MR. HERNANDEZ: Yeah. We did call a car -- or junk scrap person, but some of the vehicles that her father had, we can't find the July 28, 2022 Page 59 titles yet. They don't want to take them. CHAIRMAN KAUFMAN: The junk dealers don't want to take the vehicles? MR. HERNANDEZ: The ones that we can't find the titles. MS. THOMAS: Yeah. Without the title, they don't want to take them, and so we're going to have to cut them up to bring them in in pieces. MR. LETOURNEAU: Once again, we're not including the vehicles in this particular case here, though. We're just talking about, you know, the litter, the junk, you know; not the vehicles. MR. WHITE: And, of course, I think the Board's aware that there's always the opportunity to bring the materials to county landfill and pay the per weight costs. MR. FUENTES: Yeah. I'd like to make a motion that a violation exists. CHAIRMAN KAUFMAN: Hold on one second. You had something to say first? MS. RUIZ: Thank you. It seems to me that -- this is a beautiful city, it's a beautiful county, and I take a lot of pride in living here. I think you should tell us how quickly you can get rid of all of this. I mean, we're trying to work with you. But I think this timing to me is very, very long for your neighbors around. You know, this is -- some people would consider this, you know, not a very good sight to look at. So this is what we're trying to see if we can pin down how quickly you can get rid of at least the trash. That's basically what we're trying to do. Thank you. CHAIRMAN KAUFMAN: Okay. And, John? MR. FUENTES: I'd like to make a motion that a violation exists. July 28, 2022 Page 60 MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Rick, do you want to show us your suggestion on this, and we'll go from there? MR. MIGAL: Okay. County's recommendation is 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 dollars will be imposed for each day the violation remains; and, 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. July 28, 2022 Page 61 CHAIRMAN KAUFMAN: Okay. So what's in front of us now is 59.21 within 30 days. Somebody want to pick the amount of days it's going to take to do this and how much if the days exceed that? MR. RUBENSTEIN: I'll make a motion, Mr. Chairman. Thirty days and $100 per day. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second; 30 days and $100 a day after that. All those in favor? MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. MR. AYASUN: I have a question to Mr. White. MR. WHITE: Yes, sir. MR. LETOURNEAU: Do you want the recommendation up again? MR. AYASUN: I was going to ask how do you read "any method by county to clear the thing"? I mean, how do you interpret that? Can the county go in and take everything out, take it to dump, is my question? MR. WHITE: In my experience, that is something that in rare circumstances has been done. The challenge is that on residential-type properties, typically you can't get a court order to do those things: Only on commercial property. So it would be more likely that the fines themselves would compel the property owner to do what they need to do. I'd also defer to, of course, what the July 28, 2022 Page 62 County Attorney's Office would say in that regard. CHAIRMAN KAUFMAN: I disagree with Patrick. I've seen this happen many times with the county -- as a matter of fact, the cases come to us in the imposition of fines where it says, they are now in compliance, but they're only in compliance because the county took care of the problem. I don't know -- MR. WHITE: I'm not suggesting that the county can't. What I'm saying is is that it is more challenging to do something like that and to take kind of self-help to go onto the property without permission and remove articles not knowing whether they are owned by or lawfully able to be kept on the property. You're in a pretty gray area and, as I said, it would be something that I'd defer to the County Attorney's position on. CHAIRMAN KAUFMAN: Typically, it costs twice as much if the county does it versus if the respondent does it themselves. MR. WHITE: And there's the jeopardy of doing something inappropriate. CHAIRMAN KAUFMAN: Okay. Well, we won't send you there to take the stuff. MR. RUBENSTEIN: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: I think that with the past order of the 30 days, we'll be back here in 30 days, and if it's noncompliant in 30 days, then I think Tarik's suggestion is valid. CHAIRMAN KAUFMAN: Okay. Well, we'll cross that bridge when we get there. MR. LETOURNEAU: I just want to say, there's many, many circumstances on whether the county would go in and clean up a property, homesteaded property, whether or not there's a structure on it, how bad the issue is. You've got to weigh taxpayer money, you know, if we're going to be able to recoup it. There's all sorts of July 28, 2022 Page 63 situations. CHAIRMAN KAUFMAN: I've seen it with weeds. MR. LETOURNEAU: We do a lot of abatements but, obviously, the county would rather have the respondents clean it up than us going in there. CHAIRMAN KAUFMAN: Yes. And the respondents would rather do it based on -- MR. LETOURNEAU: They would because, like you said, we'd probably be more expensive if we need in there. MR. WHITE: As far as weeds and tall grass go, there's a specific process and set of regulations in that regard. CHAIRMAN KAUFMAN: Okay. Are we finished with Thomas cases, or do we have one more? MR. MIGAL: That's it. MS. BUCHILLON: No, that's it. CHAIRMAN KAUFMAN: Okay. I thank you. Good luck on getting things done. You can always come back and ask for more time on each individual case. MS. THOMAS: I do have a question. Am I supposed to come back in 30 days? CHAIRMAN KAUFMAN: Well, no. Clean the property up, and the case gets solved. MS. THOMAS: So just stay in contact with Rick? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: What will happen is that once you come into compliance with each of these cases, depending on whether or not you ran over the time and paid your operational costs, we wou ld bring you back for imposition if any fines were accrued. MR. HERNANDEZ: Is there any way -- you guys were saying about the -- MR. WHITE: Microphone, sir. July 28, 2022 Page 64 MR. HERNANDEZ: Sorry. Is there -- you guys were saying about the county helping us. I mean, it would be a big help if we could get a dumpster dropped off there. We'd load it no problem, you know. CHAIRMAN KAUFMAN: You know, they do have cleanup days and whatnot. Why don't you see if you can check with the Solid Waste folks. They may have a cleanup scheduled to do in that area, who knows. I know they have done it in Golden Gate City. They've done it all around the county from time to time. That would be something to check on, okay? Terri? MR. HERNANDEZ: Thank you, guys. Have a good day. MS. ELROD: Good luck. CHAIRMAN KAUFMAN: We're going to take a court reporter break now for 10 minutes. Okay. (A brief recess was had from 10:37 a.m. to 10:54 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board to order. Okay. Helen, what's on our agenda next? MS. BUCHILLON: Next, we're going to go to old business, motion for imposition of fines. Actually, I have a case that his wife has to go back to work because she could only step out to come translate for him. Number 10, CESD20210005318, Arturo Rives. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? THE INTERPRETER: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? July 28, 2022 Page 65 MR. RIVES: Yes, ma'am. MR. MIGAL: I do. THE COURT REPORTER: Can you state your name? THE INTERPRETER: Sandra Bosa. MR. RIVES: Arturo Rives. CHAIRMAN KAUFMAN: Okay. Rick? MR. MIGAL: Okay. On October 29th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, Ordinance 64 -- 6045, Page 1346, for more information. The violation has been abated as of April 27th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from February 27th, 2022, to April 27th, 2022, or 60 days, for a total fine amount of $9,000. Previous assessed -- previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.35. Total amount: $9,059.35. CHAIRMAN KAUFMAN: Okay. And you're going to be translating. THE INTERPRETER: For him. CHAIRMAN KAUFMAN: Yes. Just pull the microphone down a little bit so I can hear you. Okay. You're here before us to... THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Your turn to speak. He read the charges? THE INTERPRETER: He wants to ask if you can forgive him the fines for the delay in the process for the garage. MR. WHITE: What would the impact be? July 28, 2022 Page 66 THE INTERPRETER: I'm sorry. MR. WHITE: If fines were imposed, what would the financial impact be on him? THE INTERPRETER: He doesn't have the money. MS. ELROD: I make a motion that we waive the -- or deny the county the imposition of fines. CHAIRMAN KAUFMAN: And you can -- everybody aboard on this one? (No response.) CHAIRMAN KAUFMAN: Let me ask a question. What is the reason why it took so long to come into compliance? And also, this was brought into compliance in April. Why did it take -- May, June -- three months to come before us? Not that it changes the fines or anything. I'm just curious. MR. LETOURNEAU: I think we might have had it scheduled for one or two of those when we had to get out of here at 12:00. I know one we didn't get to it, and I'm not sure why it took another month, but... CHAIRMAN KAUFMAN: Okay. MR. WHITE: And, Mr. Chairman, I'll just remind the Board members, some of whom may not have been present at that time, that those people who were then present for the imposition cases, the recommendation, which, of course, isn't binding, was that there would be a waiving of the fines and costs in the cases that had abated. CHAIRMAN KAUFMAN: Okay. Kathleen, you have a comment? MS. ELROD: I'd like to make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) July 28, 2022 Page 67 CHAIRMAN KAUFMAN: Motion dies. Anybody else want to make a motion? MR. FUENTES: I'd like to make a motion that we impose a fine of $500 to be paid along with the operational costs for today's hearing of $59.35. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. MR. RUBENSTEIN: I'll second. MR. WHITE: Time frame? MR. FUENTES: We'll say within 30 days. So total would be $559.28. MR. WHITE: I believe it's 559.35. CHAIRMAN KAUFMAN: It's .35. So whatever it comes out to be. MR. FUENTES: Correct, $559.35. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Two nos. So your fine is reduced from 9,000 to 500. THE INTERPRETER: Thank you. CHAIRMAN KAUFMAN: Okay? THE INTERPRETER: He wants to know why, if he was constantly in contact with Cristina, and she never mentioned that we've got to come to court. Because he was constantly following the July 28, 2022 Page 68 inspections and trying to get, you know, the notes, the letters, and he's kind of confused that he was never told that he got to come to court -- like, it was just, like, two weeks ago. CHAIRMAN KAUFMAN: That's why the fine was reduced by 800 -- $8,500. MR. HERNANDEZ: Okay. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Thank you. THE INTERPRETER: Thank you. MR. AYASUN: Very good, thank you. MS. BUCHILLON: Next case, No. 1, CESD20200012246, Martha Herebia. CHAIRMAN KAUFMAN: This is 1 from the imposition of fines? MS. BUCHILLON: Yes, sir. MR. AYASUN: Old business. CHAIRMAN KAUFMAN: We have a mad dash to the podium. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. MS. HEREBIA: Yes. My name is Martha -- CHAIRMAN KAUFMAN: Could you bring the microphone down. MS. HEREBIA: Yes. CHAIRMAN KAUFMAN: You and me are the same height. A little further. Ah, good. Okay. Can you say your name on the mic for us? MS. HEREBIA: My name is Martha Herebia. CHAIRMAN KAUFMAN: Okay. Okay. July 28, 2022 Page 69 MR. AMBACH: All set? CHAIRMAN KAUFMAN: All set. MR. AMBACH: Thank you. For the record, Chris Ambach, Collier County Code Enforcement. Past orders: On October 29th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6045, Page 1349, for more information. The violation has been abated as of June 13th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from April 28th, 2022, to June 13th, 2022, 47 days, for a total fine amount of $4,700. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.35. Total amount: $4,759.35. CHAIRMAN KAUFMAN: Okay. Ma'am? MS. HEREBIA: Why I have to pay the money? I already pull down everything you said at the time. CHAIRMAN KAUFMAN: I didn't understand. MR. HEREBIA : Well, I don't know -- I can explain, but -- when you told me put everything down, I put down at the time. I put down everything. MR. FUENTES: She moved everything. CHAIRMAN KAUFMAN: You moved everything. That was in October? MS. HEREBIA: It's 6/13, I think. MR. FUENTES: You took it from Chris. This case was opened in 2020, correct? MR. AMBACH: It was, yeah. So let me just clarify a little bit. So we came in front of the Board. She was given a certain July 28, 2022 Page 70 amount of time. She did remove a few of the items; however, s he wanted to attempt to permit what was out there and decided it was going to be way too costly for her to do it. At that point, she pulled a demolition permit, and that's why we've gone over that point. MR. FUENTES: Okay. I'd like to make a motion just to deny the county its imposition of fines, but we do, however, proceed forward with today's operational costs of $59.35. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So the $4,759 is gone. Just the operational costs for today of $59.35. MR. WHITE: Time frame to pay that? CHAIRMAN KAUFMAN: Thirty days. MS. HEREBIA: Fine. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MR. AMBACH: Thank you. MS. BUCHILLON: Next case under impositions, No. 7, CESD20200000285, Debra Sue Mays Ayala. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. July 28, 2022 Page 71 MS. AYALA: Yes. CHAIRMAN KAUFMAN: Give me a minute, okay, Chris. MR. AMBACH: Thank you. For the record, Chris Ambach, Collier County Code Enforcement. Past orders: On January 28th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5896, Page 3102, for more information. The violation has not been abated as of July 28th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $5 per day for the period from January 29th, 2022, to July 28th, 2022, 181 days, for a total fine amount of $905. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.28. Total amount: $964.28. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. AYALA: My name is Debra Sue Mays Ayala. CHAIRMAN KAUFMAN: Okay. And -- MS. AYALA: I need a suggestion. I'm not sure what -- I mean, the porch or -- it's the entrance to my house, the back, and it's been there before I moved in the house. I need to, I guess -- I'm not sure what I need to do. Pull a permit. Financially, I'm unable to pay. I'm struggling, so... CHAIRMAN KAUFMAN: I'm looking at this. The original fine of $5 per day -- MS. AYALA: Yeah. CHAIRMAN KAUFMAN: -- is about the lowest I've ever seen this board impose. July 28, 2022 Page 72 MS. AYALA: Absolutely. CHAIRMAN KAUFMAN: Chris, do you have anything to say or -- MR. AMBACH: I don't have anything to say. I've met with the respondent -- CHAIRMAN KAUFMAN: Okay. MR. AMBACH: -- a few times. She's been given direction on who to speak to down at the county to obtain the permits to bring it back to its original permitted state. CHAIRMAN KAUFMAN: Okay. So you have been given direction on what to do? MS. AYALA: Yeah. I need to go and sit down. But it's money that I don't have. I'm on disability, and I don't know how -- I don't have it. So what they're asking, I don't have it, so I'm not sure what I need to do. CHAIRMAN KAUFMAN: I'm afraid that's not an excuse for us -- MS. AYALA: I know it's not an excuse. CHAIRMAN KAUFMAN: -- imposing the fine. MS. AYALA: Okay. MR. RUBENSTEIN: I have a question -- CHAIRMAN KAUFMAN: Shoot. MR. RUBENSTEIN: -- for Chris. What would you estimate for the cost to remove this? MR. AMBACH: I'm not a business -- MR. LETOURNEAU: That's a tough question, once again. MR. AMBACH: That's a tough question, yeah. CHAIRMAN KAUFMAN: Let me just say, if this was not done by the respondent here, it was done prior to her taking the -- possession of the property, she could go to an architect who could do a permit by affidavit. That's possible since she did not do July 28, 2022 Page 73 the actual work. MR. LETOURNEAU: Chris, was all that work done before she was owner of the property? MR. AMBACH: No. MR. LETOURNEAU: Okay. So, yeah, I don't think that situation's going to -- CHAIRMAN KAUFMAN: Okay. Then I misunderstood the respondent. You said you bought this -- MS. AYALA: No. I moved in the house. It was there when I moved in the house. I got the property. It was passed down from my father. CHAIRMAN KAUFMAN: Okay. MS. AYALA: So that's how I ended up with the property. MR. LETOURNEAU: But there's than just -- there's a reroof, a 6-foot wooden fence. MS. AYALA: I've taken care of all that. MR. LETOURNEAU: Is all that taken care of? MS. AYALA: Yes. MR. LETOURNEAU: Okay. What's the remaining violation, then? MR. AMBACH: It's the enclosed porch. MR. LETOURNEAU: Okay. And we feel that it was enclosed after she had the -- MR. AMBACH: That's correct. MR. LETOURNEAU: Okay. All right. CHAIRMAN KAUFMAN: Was the porch enclosed after you got possession of the property? MS. AYALA: I put screen on the porch. That was it. That was all that was put there, screen, and right at the -- I changed the door. I did change the door. Other than that, there was nothing else done to it. Painted. July 28, 2022 Page 74 CHAIRMAN KAUFMAN: So you had the financial ability to do that? MS. AYALA: The paint and stuff? CHAIRMAN KAUFMAN: No, to put the doors on and the screens and whatnot but not to pull a permit? MS. AYALA: It was a door that was throwed away that I picked up and put on my door, because it's better than the one I had. That's -- I didn't go buy a door. CHAIRMAN KAUFMAN: Okay. MS. AYALA: Everything I put on my house is usually recycled. MR. LETOURNEAU: I will say to Mr. Rubenstein's question, the cost of the fines would probably outweigh the cost of getting it permitted at this point. MS. AYALA: Oh. MR. AMBACH: I would agree. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: To reduce the fines to $500 and that the -- MR. LETOURNEAU: Hold on. CHAIRMAN KAUFMAN: Hold on. The fines -- this has not been abated; therefore, the fines continue to accrue. So our ability right now is to either impose the fines or to grant a continuance for some reason. MR. AYASUN: Yeah. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'll retract my motion and restate. CHAIRMAN KAUFMAN: Okay. July 28, 2022 Page 75 MR. RUBENSTEIN: That the 964.28 should be collected by the county as represented. CHAIRMAN KAUFMAN: So you impose the fine? MR. RUBENSTEIN: Yes, sir. CHAIRMAN KAUFMAN: Okay. I second your motion. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MS. AYALA: So I'm being fined and stuff, right? That's -- CHAIRMAN KAUFMAN: Yes. MS. AYALA: Okay. Could I have a continuance to be able to pay that in time? Because I would like to pull a permit on the -- I would like to fix the problem. CHAIRMAN KAUFMAN: Well, what's happening now is the $5 per day continue until you get it permitted. MS. AYALA: Okay. CHAIRMAN KAUFMAN: Okay. But the 964 is due. MS. AYALA: Okay. I don't have that. So can you take payments? Is there any way to do it? CHAIRMAN KAUFMAN: You can work that out off-line here, but those are generally due within 30 days. MS. AYALA: Okay. CHAIRMAN KAUFMAN: So -- okay? MS. AYALA: Yes, sir. July 28, 2022 Page 76 CHAIRMAN KAUFMAN: Thanks, Chris. MR. AMBACH: Thank you. MS. AYALA: Have a good one. MS. BUCHILLON: Next case, No. 8, CEPM20190009270, Keith G. Purdy and Darlene Purdy. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. PURDY: I do. CHAIRMAN KAUFMAN: Give me a minute to find the case. It's always in the last place I look. Okay, Joe. Shoot. MR. MUCHA: Okay. For the record, Supervisor Joe Mucha, Collier County Code Enforcement. Past orders: On January 24th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5749, Page 3393, for more information. The violation has not been abated as of July 28th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from March 25th, 2020, to July 28th, 2022, 856 days, for a total fine amount of $214,000. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.28, for a total amount to date of $214,059.28. So just to give you a brief overview, the demolition has been completed; however, at this point it's just the debris that she's in the process of cleaning up. There's a dumpster on site. She believes July 28, 2022 Page 77 she'll be ready by next week. MS. PURDY: The cleanup will be done this weekend, and then there's an inspection. MR. MUCHA: Then she calls in her final inspection for the demolition permit. MS. PURDY: For Tuesday. MR. MUCHA: So she needs, just, probably a little bit more time. CHAIRMAN KAUFMAN: Yeah. The problem that you have is it's not -- it has not been abated. MR. MUCHA: It's not been abated, correct. CHAIRMAN KAUFMAN: So the only thing we could do now is to continue this. You think it will be done by next month? MS. PURDY: Yes. CHAIRMAN KAUFMAN: Okay. I would think that that would probably be the -- MS. PURDY: It will be cleaned up by this weekend. It's totally demoed, and the cleanup's already -- it's in the process. CHAIRMAN KAUFMAN: The final stages is CO on the -- MR. MUCHA: The demolition permit, yes, sir. CHAIRMAN KAUFMAN: Yeah. So do you think the CO will be done by next month? MS. PURDY: The inspection? CHAIRMAN KAUFMAN: The whole thing. MS. PURDY: Yes. CHAIRMAN KAUFMAN: Okay. So I would say that unless you would like to withdraw this case until the next Code Enforcement Board hearing, that would be a good way to go with this. MS. PURDY: And I am asking the Board to deny the county's request to impose the fines. July 28, 2022 Page 78 CHAIRMAN KAUFMAN: That's -- we can't deny anything. You're not in compliance. MS. PURDY: Okay. CHAIRMAN KAUFMAN: Okay? MR. LETOURNEAU: Okay. The county will withdraw this case until next month. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Please mark that down, Helen, so we get it on the -- thanks. I think you guys have to vote on t hat, though. CHAIRMAN KAUFMAN: Okay. We'll modify the agenda. Get a motion to modify the agenda. MS. ELROD: Motion to modify the agenda. CHAIRMAN KAUFMAN: Get a second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PURDY: Thank you. CHAIRMAN KAUFMAN: You happy, Patrick? MR. WHITE: Absolutely. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: It's important we make Patrick happy. MR. WHITE: It's not easy. MR. FUENTES: It's not easy? July 28, 2022 Page 79 CHAIRMAN KAUFMAN: I've heard that from lots of people. MS. ELROD: That's what she said. MS. BUCHILLON: Next case under impositions, No. 12, CESD20210007357, Laura Carr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. CARR: I do. MR. CATHEY: I do. MS. CARR: Good afternoon, all. CHAIRMAN KAUFMAN: Good afternoon. Could you state your name on the microphone for us. MS. CARR: Laura Carr. CHAIRMAN KAUFMAN: Okay. You can move the mic up -- perfect, perfect. So now we can hear you. MS. CARR: Okay. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us. MR. CATHEY: Good morning. For the record, Ryan Cathey, Collier County Code Enforcement. Past orders are on October 29, 2021, Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6045, Page 1344, for more information. Violation has not been abated as of July 28th, 2022. Fines have accrued at a rate of $100 a day for the period January 28th, 2022, to July 28, 2022. Total fine amount of $18,200. Fines continue to accrue. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing are $59.28. Total fine amount July 28, 2022 Page 80 is $18,259.28. CHAIRMAN KAUFMAN: Okay. MS. CARR: I'd like to ask for a continuance. What I did was when we were here, I needed to get a survey, and so you-all said I needed more than three months, but I thought it would be easy getting a surveyor. But they're so booked it wasn't so easy. But then we got the survey -- I got the survey, and then I went to Code -- to Community Development, and it wasn't enough information to define if that -- I built a screen porch -- and if it was there before. So we then pulled I think they're called property cards. And so upon looking at it, he then pulled aerial pictures, and in the '70s there was no sign that it existed. So I said, okay. And then he said, and your property's been changed, and it's no longer, I guess, eight feet separation. It's now 15 feet. And so I said, well, what do I have to do to get that? And he said a variance. And I said, well, would that involve, you know, the person next door agreeing? And he said yes. And that was on 7/11 we finally got through with, you know, back and forth, the cards and all. And so I said, okay, it's coming down, and I immediately started taking it down. On the 13th, I received notice that I was to come here. I continued working to take it down, of course, but it was just so hot that I could only work so many hours. And then the lightning would come at night, and I didn't want to go up on -- you know, take any chances. So I am, as Officer Cathey can -- Cathey. MR. CATHEY: Cathey, yes. July 28, 2022 Page 81 MS. CARR: -- Cathey can tell you, it's almost done. I cleaned up all the -- there's just one -- there's, like, a -- not even a quarter left, and that will be done this weekend. And he's willing to come out next week and look at it and then assure that it was all done. CHAIRMAN KAUFMAN: So by next month do you think you should have everything done? MS. CARR: Oh, guaranteed. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: Once again, the county will withdraw this case until next month. CHAIRMAN KAUFMAN: That's even better than a continuance. MS. CARR: Okay. CHAIRMAN KAUFMAN: So I need a motion from the Board to modify the agenda. MS. ELROD: Make a motion to modify. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CARR: Okay. I promise. CHAIRMAN KAUFMAN: We'll hold you to it. We'll see you next month. MS. CARR: Thank you, sir. CHAIRMAN KAUFMAN: Don't go outside with any metal poles during the lightning. July 28, 2022 Page 82 MR. FUENTES: She was working at night. She's a hard worker. CHAIRMAN KAUFMAN: Yeah. We caught Jeff on a good day. He seems to be somewhat reasonable today. MR. LETOURNEAU: I'm just trying to save Patrick some paperwork. MS. BUCHILLON: Next case, No. 13, CESD20210004950, Carlos Valdes and Dulce Valdes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. GIGUERE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, even though we know who you are. MS. GIGUERE: Absolutely. Vicki Giguere, G-i-g-u-e-r-e, and I work for AUC Consultant, LLC. We're the representative for the owner. CHAIRMAN KAUFMAN: Okay. Joe. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On January 27th of 2022, 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, OR6095, Page 3275, for more information. The violation has not been abated as of July 28th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from May 28th, 2022, to July 28th, 2022, 62 days, for a total fine amount of $12,400. Fines continue to accrue. July 28, 2022 Page 83 Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.35. Total fine amount is $12,459.35. CHAIRMAN KAUFMAN: Okay. Vicki. MS. GIGUERE: Good morning, Board. I am here to request a continuance for this case. I know that it seems like it's been going on for quite some time, although I know you-all are familiar with a site plan and how long that process actually takes. We did not advise the owner to sign that stipulation in May, so we kind of are collecting the pieces after the fact. Since then we had to obtain a survey, a new survey, because the previous survey that was done was completely incorrect. Even with connections, that survey turnaround time took 81 days. We also had a pre-app meeting on May 3rd with county as soon as we obtained that survey copy, and we are moving forward with submitting all of the plans for them to take a look at that. Everything that is in violation and of concern will be listed on that site plan. So it's just a matter of needing a little more time to get that process underway. And we did meet with Code Enforcement and Captain Mike Cruz from the Fire Department last week at the property, so everybody is on the same page and is aware of the game plan going forward. CHAIRMAN KAUFMAN: Okay. How much time do you think you need to come into compliance? MS. GIGUERE: I don't want to over-ask, because I like to come back and give updates, and I know you guys like that, too, so for now if we could do 120 days, and that way I can come back with more progress and go from there. CHAIRMAN KAUFMAN: Is that 120 days till you get your July 28, 2022 Page 84 site plan approved? MS. GIGUERE: I sure hope so. CHAIRMAN KAUFMAN: And what about the -- I guess the building permits? They come after the site plan. MS. GIGUERE: Yeah. It will be done simultaneously. So as it gets approved in portions, then we will apply for those specific permits as they get approved. We won't wait till the very end. So as soon as things can get going, we'll be on top of that. MR. MUCHA: Vicki, just a quick question. When we met last week, you said there was a possibility of some things being demolished as well. MS. GIGUERE: Yeah. So the concern for one of the things is the -- there's, like, an outside bathroom that's built under an overhang. And at first it was believed that the owner was on septic, and that bathroom would not be allowed by the Health Department. But after further research, the property is under City water. So that bathroom might actually be allowed. So if it is allowed, we're going to put it as part of the site plan. We're waiting on an answer to find out. So if it's not allowed, that will be one of the first things to go. That can be a separate demo permit; not an issue. CHAIRMAN KAUFMAN: So the site plan has not been submitted yet? MS. GIGUERE: The pre-app has happened for the site plan so that all of the county members are aware of what we're going for, what needs to be listed on the site plan. At this point we just need to come up with that drawing and put everything specifically on there that the county is concerned about that is in violation, and then that will be submitted to be approved. MR. WHITE: And until you have the answer regarding sewer, you can't submit that aspect for the site plan; is that correct? MS. GIGUERE: Correct. July 28, 2022 Page 85 CHAIRMAN KAUFMAN: So you're optimistic on the 120 days? MS. GIGUERE: I am, but I like to come back and see you guys anyways, so... MR. FUENTES: Only because I'm here. MS. GIGUERE: Well, you know, Danny's not here, but... CHAIRMAN KAUFMAN: We'll tell him you gave him a message. Okay. Anybody want to make a motion on this? MR. FUENTES: Make a motion to give her the 120 days. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: A continuance for 120 days. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Operational costs for today are 59.35. It should be paid within 30 days. MS. GIGUERE: Not a problem. CHAIRMAN KAUFMAN: Okay. That's part of your motion? MR. FUENTES: Correct. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GIGUERE: Thank you very much. CHAIRMAN KAUFMAN: Okay. July 28, 2022 Page 86 How we doing, Helen? MS. BUCHILLON: Good. I think we're done with all the present, so we can go back to -- CHAIRMAN KAUFMAN: Hearings? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: We are -- let's see. This one's done, that's done, that's done. Done, done, done, done, done. Are we up to No. 7? Nope, that's a stip. MS. BUCHILLON: Number 16. CHAIRMAN KAUFMAN: Did we hear 9, 10, 11? MS. BUCHILLON: Eleven and 12. CHAIRMAN KAUFMAN: Okay. 16, Lowe's. MS. BUCHILLON: Number 16, CELU20220004457, Lowe's Home Centers, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MR. PITURA: Okay. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. PITURA: Good morning, Board. For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CELU20220004457 dealing with violation to Collier County Land Development Code 04 -41, as amended, Sections 1.01.01(A), 4.02.12, 10.02.03(A)(2)(d), the Collier County Code of Laws Chapter 54, Article VI, Section 54-181. Description of violation: Illegal outside storage of retail merchandise, litter, wood, pallets, cardboard, plastic, building July 28, 2022 Page 87 materials, et cetera, stored along and around the perimeter of the building. It's located at 12730 Tamiami Trail East, Naples, Florida 34113. Folio 25368002589. Service was given on May 9th, 2022. I'd like to present details of the case. On May 6th, 2022, I initially inspected Lowe's Home Center for outside storage. At this time there was a large amount of building materials, supplies, mulch, and construction materials being placed along the perimeter of the building. I spoke to several managers, including the store manager, and explained to him that this property was not zoned for outside storage. Allowed time for abatement, which the violation continued. On June 22nd, 2022, a notice of violation was issued with minimal time, as this is a repeat violation. The prior case including the last five years, March 2017, December 2017, January 2019, which was presented for a hearing with a finding of fact -- and December of 2019. Currently, during my inspection on July 27th, 2022, there's been no abatement. The violation remains with an excessive amount of outside storage on the property. I would now like to present case evidence in the following exhibits: Eight pictures taken by myself on May 6th, 2022; three pictures taken by myself on July 27th, 2022; aerial; one recommendation; code case determination; and a hearing finding of fact. CHAIRMAN KAUFMAN: Someone want to make a motion to accept the attachments? MR. FUENTES: Make a motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. July 28, 2022 Page 88 All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: So, basically, they're not zoned for outside storage unless they get a fencing with opaque screening and hide the stuff behind there. CHAIRMAN KAUFMAN: I'm kind of surprised that they're not here with an attorney, to be honest with you, but... MR. PITURA: I was in communication with the store managers. I did make them aware that it's important for them to be present. And she did try to correspond with their upper management. And in speaking to her yesterday, there was -- they were not going to be present. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: They don't take us seriously, I guess. CHAIRMAN KAUFMAN: They will. MR. LETOURNEAU: So that was all the pictures. Do you want to -- CHAIRMAN KAUFMAN: Make a motion to accept all the photos? MR. LETOURNEAU: You did. CHAIRMAN KAUFMAN: Okay. We did that. MR. LETOURNEAU: And then we want to look at the -- just to show you the past order. Same thing, illegal outside storage of July 28, 2022 Page 89 materials. CHAIRMAN KAUFMAN: This is a repeat violation? MR. LETOURNEAU: Yes, sir. And what else did we have? We had a determination. MR. RUBENSTEIN: Was that sent to the store or to corporate? MR. PITURA: As far as what? MR. LETOURNEAU: The notice. MR. PITURA: That was sent to the address listed on the property appraiser. They received it at corporate. Also, I posted the property, and the manager was aware that there was going to be a -- that there was a violation, and there will be a hearing. CHAIRMAN KAUFMAN: Okay. What was the fine the last time? MR. LETOURNEAU: Let me go back to that. I'm having trouble with this email determination. Let me go back to the order. Hundred dollars a day. Tom, do you know if they abated in time or -- MR. PITURA: They did. They signed a stipulation, and they abated it in time. MR. LETOURNEAU: Okay. MR. RUBENSTEIN: Mr. Chairman, while he's looking, I just have a comment -- CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: -- and looking for a little feedback as well. The way I read this and hear it, this involves every Lowe's and Home Depot and every retailer that puts merchandise outside including nurseries, garden shops, Christmas tree sale. CHAIRMAN KAUFMAN: I have a head shaking horizontally from over here. MR. FUENTES: Every business is different. July 28, 2022 Page 90 MR. LETOURNEAU: It totally depends on the zoning whether or not you can -- or if your -- if your PUD, when it was enacted, allowed outside storage. Their PUD for this particular store did not allow outside storage, and being -- it's C-4, I believe, you have to have -- like I said, if you're going to store stuff outside at these type of zoning parcels, you need fencing. They need to put -- if they want to store it out there. Now, we do have other cases with Home Depot and the other Lowe's in -- you're probably going to be seeing them. It's just -- MR. RUBENSTEIN: So the picture that was shown with the yellow tape, that was at the rear of the building. Would that be considered delivery area? Because I frequent that store, and I see them get deliveries back there, and a day or two later it's gone. MR. LETOURNEAU: I think that the stuff out there right now's been pretty consistent from day one; right, Tom? MR. PITURA: Yeah. What happens out there is that they get deliveries, but they're not gone, really, the next day. They stay out there until they have the room inside to move everything in. And that could take days, weeks. So then they get another delivery, and then that piles on top of the past delivery. So they're never really able to get that cleared out. MR. LETOURNEAU: And I talked to executives from Home Depot, what we have a case on. He was saying that they have trucking issues right now. You know, he was pulling up the pandemic, all sorts of issues right now that they needed to store this stuff outside, and they'd rather probably take the -- and I'm talking about Home Depot. They'd rather take the fines or whatever than, you know, try to adjust their schedule for a certain amount of time. MR. RUBENSTEIN: Where's their legal delivery area; in the back on this photo? MR. PITURA: They deliver in the back and the front. I've July 28, 2022 Page 91 seen it both places. MR. RUBENSTEIN: Okay. So if it is a delivery area, I mean, do they have a certain amount of time that they have to remove the goods? MR. LETOURNEAU: They'd have to -- if they dropped off the delivery, what we're trying to say is they need a fenced area to drop the goods on the outside. If they just delivered the m right inside the store, we'd have no problem. CHAIRMAN KAUFMAN: They're aware of this problem? MR. LETOURNEAU: They are. They're aware. CHAIRMAN KAUFMAN: They've already paid the fine or have abated it in the past. So this is nothing new for them. It's just a -- MR. LETOURNEAU: It's basically illegal outside storage is what it comes down to. CHAIRMAN KAUFMAN: This is a repeat violation of what they already knew they were in violation for. MR. AYASUN: If I may add to Lee. I go there almost every Saturday. And since the day they opened, this is -- I thought this was part of their storage, actually. I didn't think it was delivery. I think they probably consider it that paying the fines is cheaper than building the fence. MR. LETOURNEAU: I can't speak for -- I can't speak for them, but the manager of Home Depot did kind of say that -- MR. WHITE: Let's try not to cross-pollinate the cases. MR. LETOURNEAU: I'm sorry. MR. WHITE: It's okay. MR. LETOURNEAU: I'm just saying they're having issues due to the economy and the trucking industry and everything else going on. CHAIRMAN KAUFMAN: Okay. July 28, 2022 Page 92 MS. RUIZ: I do have a comment, Mr. Chairman. CHAIRMAN KAUFMAN: Go ahead. MS. RUIZ: There was or there is a vacant lot facing Collier, and I go there to Lowe's all the time. And I saw that that corner lot has a building permit for -- precisely for storing items. It's facing Collier right across from a store. I think it's a Dunkin Donuts store. Have you checked whether that lot that is being built right now is for the purpose of storing? MR. RUBENSTEIN: I think that's going to be an AutoZone, parts store. MS. RUIZ: Oh, it says Home Depot -- not Home Depot. Lowe's. CHAIRMAN KAUFMAN: It doesn't matter. They're in violation -- I need a motion -- I'll make the motion that a violation -- MR. FUENTES: Motion that a violation -- CHAIRMAN KAUFMAN: -- exists. I'll second it. MS. ELROD: Second. MR. AYASUN: Second, yeah. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. MR. WHITE: Point of order, Mr. Chairman. CHAIRMAN KAUFMAN: What? MR. WHITE: Is the motion that a repeat violation or a violation? CHAIRMAN KAUFMAN: It's a repeat violation. MR. WHITE: Thank you. July 28, 2022 Page 93 CHAIRMAN KAUFMAN: Okay. And at this time, I mean, we could -- I'm not saying we do it, but we could probably fine them $5,000. MR. WHITE: Can we vote on the motion? MR. LETOURNEAU: I'll put my recommendation up and you guys decide what you want to do. MR. WHITE: Vote on the motion. MR. FUENTES: Do a little bit more than $5,000. MR. WHITE: Point of order. Vote on the motion. MS. ELROD: We did. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: How's your hearing now, Lee [sic]? MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. The recommendation from the county is? MR. PITURA: Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days and abat e all violations by: One, paying a civil penalty in the amount of $500 for the repeat violation within 30 days of this hearing; Two, removing all unauthorized accumulation of litter to a site intended for final disposal and either store all materials located on the exterior of the property in accordance with the approved Site Development Plan, or obtain all Collier County approvals, permits, July 28, 2022 Page 94 inspections, and certificate of completion to allow outside storage within a certain amount of days of this hearing, or a fine of X amount of dollars will be imposed for each day the violation remains; 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 abate the violation, the county may abate the violation and use 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. I think I forgot to mention that the respondent is not present. I just wanted to put that on the record. Okay. Civil penalty of $500, $59.28 to be paid within 30 days. And I'm looking for the -- from the -- for the Board for how much the fine would be if it's not done within X amount of days. Anybody want to tackle that? MR. FUENTES: Make a motion that they pay 5,000 within 10 business days. CHAIRMAN KAUFMAN: The civil penalty is one thing and then, should they not come into compliance, X amount of dollars per day after so many days. So I think that's the format that we want to put it in. So you want the civil penalty to be $5,000? MR. FUENTES: And that done within 10 business days. CHAIRMAN KAUFMAN: Within 10 business days. 59.28 is the cost of the -- what do you call it? Costs for 59.28, operational costs paid within 30 days, and then after X amount of days, X amount of dollars per day, so... MR. AYASUN: So you need a number for per day, correct? CHAIRMAN KAUFMAN: Yes. I'm looking to John for that. July 28, 2022 Page 95 MR. FUENTES: I guess $500 per day. CHAIRMAN KAUFMAN: And how many days are you giving them to put up their fence or whatever? MR. PITURA: Well, they have not applied for the site plan approval at all. So at this point, they just have not -- are wanting to know what the outcome of this case is. MR. WHITE: Point of information, Mr. Chairman. I believe I've heard from Mr. Letourneau that the zoning may be C-4 or PUD. Do we know the answer to that question, which it is? MR. PITURA: C-4. MR. WHITE: So they would not need to amend their PUD to allow the use, correct? MR. PITURA: I'm not sure, to answer your question correctly. MR. WHITE: So you don't know whether C-4 is an allowable use? MR. PITURA: It is under the -- MR. WHITE: Outside storage? MR. PITURA: There is as far as on the -- MR. LETOURNEAU: It's only allowable if they have fencing, though. MR. WHITE: I understand. I'm just trying to help the Board to understand exactly what needs to be done from the respondent's perspective to abate the violation. MR. LETOURNEAU: Store it completely in their shop or put a fence up. MR. WHITE: It was more with respect to the fence because at this point it sounds like it may be a mix of survey, site plan, and fence permit. MR. RUBENSTEIN: Jeff, you're talking about a fence in the back area? Because the way this is written up, it's building materials stored around the perimeter of the building. They have merchandise July 28, 2022 Page 96 all over the front of the building. So you're saying they have to have a fence there or remove? MR. LETOURNEAU: They have to work it out with zoning on where they can store their items. They're not allowed to store any items out around the building anywhere. So if they need to get a fence, if they have to amend their Site Development Plan to allow some advertising/storage out front, they're going to have to do that also. But right now they're not allowed to store anything arou nd the building outside. MR. RUBENSTEIN: All right. I know we have a -- Mr. Chairman, I know we have a motion floating around out there, but I still have a few questions. CHAIRMAN KAUFMAN: Well, the motion isn't finished. There was -- let me tell you where we are with the motion. MR. RUBENSTEIN: All right. CHAIRMAN KAUFMAN: A civil penalty of 5,000. Operational costs of 59.28 to be paid within 30 days. We need to know -- it's $500-a-day fine after X amount of days. The X we don't know yet, so that could be 30 days, or whatever, to give them the time to come into compliance. So that's the first thing I'm looking for. MR. FUENTES: Thirty days. CHAIRMAN KAUFMAN: Okay. So that's 30 days. So I have your motion written down. Joe, did you want to say anything while you're here? (Mr. Mucha was previously sworn.) MR. MUCHA: Yeah. For the record, I believe on a determination that we had from a few years back, it actually said for them to have any kind of outside storage, whether it be a fenced -in area or anything like that is going to be -- it's going to need an amendment to the site plan. No doubt about it. July 28, 2022 Page 97 CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'll wait till the motion is presented under discussion. CHAIRMAN KAUFMAN: Okay. Let me read what I understand the motion to be. John, you correct me if I'm wrong. $5,000 civil penalty, 59.28 paid within 30 days for operational costs, $500-a-day fine after 30 days. MR. FUENTES: Correct. CHAIRMAN KAUFMAN: Okay. That is the motion. MR. AYASUN: Five thousand was payable in 10 days. CHAIRMAN KAUFMAN: That's correct. Patrick, you have something to say? MR. WHITE: No, I just wanted that clarification. Thank you. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I have a question. CHAIRMAN KAUFMAN: Sure. MS. ELROD: How long does it take to get a site plan? CHAIRMAN KAUFMAN: A long time. I think, more than anything else, we need to get somebody from Lowe's to see that there's a concern here, and I think this motion would do just that. Okay. MR. FUENTES: Well, this motion's been made. CHAIRMAN KAUFMAN: Any comments on that motion? MR. RUBENSTEIN: Yes. Is this taking into consideration all the Lowe's in Collier County and all the Home Depots that store boat trailers in their parking lots, and temporary sheds and all kinds of merchandise? MR. WHITE: I understand the concern. I'd simply point out that it's beyond the scope of this case. CHAIRMAN KAUFMAN: Yes. MR. WHITE: But to address the concern, I would suggest, as I July 28, 2022 Page 98 have with Mr. Letourneau, that there's a distinction between outside, quote-unquote, storage and offering something for retail sale. For example, it has, you know, a price tags on or some sign. CHAIRMAN KAUFMAN: The barbecues they put in front of the store, et cetera, okay. MR. WHITE: And that line needs to be drawn in determining the affidavit of compliance for the purposes of abatement. CHAIRMAN KAUFMAN: Okay. If this motion passes, I would think that some representative from Lowe's would be knocking on the door of Zoning to figure out what they're going to do. MR. WHITE: Well, since they're not present and the order likely won't be sent out for mailing probably any less than a week from now, the 10 days is something I doubt they're going to be aware of in that time frame. So they're probably not going to pay the fine within -- 5,000 unless somebody happens to be watching. MR. FUENTES: They should have been here. MR. WHITE: I don't disagree. I'm simply putting out the relative timing. And if I may, the $500 per day, how many days was that? CHAIRMAN KAUFMAN: Thirty days. MR. FUENTES: Thirty. MR. WHITE: Thank you. MR. RUBENSTEIN: Joe, was this -- was this -- was this complaint generated by a citizen or by a drive-by? MR. MUCHA: It was from a citizen. I mean, we've gotten numerous complaints over the years. MR. RUBENSTEIN: Just at that location or all of them? MR. MUCHA: At that specific location. MR. RUBENSTEIN: Okay. MR. AYASUN: That's what we have to concentrate on. MR. FUENTES: The motion doesn't have a second yet. July 28, 2022 Page 99 MR. AYASUN: Second. CHAIRMAN KAUFMAN: The motion's seconded. All those in favor? MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. RUBENSTEIN: No. CHAIRMAN KAUFMAN: Two nos? MR. AYASUN: I said "yeah." MR. FUENTES: Four yes, two nos. MS. RUIZ: I said "yes." CHAIRMAN KAUFMAN: Okay. It passes, 5-2 [sic]. MR. WHITE: 4-2. CHAIRMAN KAUFMAN: Or 4-2, I'm sorry. My math is off. It's been a long meeting. MR. WHITE: Lawyer math. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Can I make a comment? CHAIRMAN KAUFMAN: You can. MR. RUBENSTEIN: Okay. Lowe's is a great corporate company for this community. They do a lot of donation for veterans. They take parking spaces and delegate them for veterans only. They're a good business to be in Collier County. And I understand there's a violation, but I think the long term on this, if we're going to go to war over some materials put in the back, that these people are not going to be very happy with Collier County. And I know we're not here to make people happy or unhappy, but I would think and I hope that the letter that goes out is very strong July 28, 2022 Page 100 to indicate what's in front of them if it's not resolved, and I'd like to see it resolved with the county on a sit-down and not in this forum. CHAIRMAN KAUFMAN: I agree with you. MR. RUBENSTEIN: And I just think it's the worst thing that the county could do is to chase them down for building materials and fining them, whatever the amount is. These are not residential people with income problems and property problems. These are good corporate neighbors. They're very giving. They always support. I know for a fact that when the traveling Vietnam wall came to Collier County, they stepped right up and donated $10,000, and all their employees came to set it up. That's a good company. That's not somebody you want to really tick off. So I'll just go on record as saying I hope it can be resolved between your office and their office and get it resolved somehow; that if it's the PUD issue, then we need to fix it. Okay. That's all, Mr. Chair. MR. WHITE: May I offer some comment with regard to Board Member Rubenstein's position? CHAIRMAN KAUFMAN: Uh-huh. MR. WHITE: We all understand why we're here. There was no question that there was a violation, a repeat violation. And as good as a corporate citizen may be, they stand no differently before you as respondents. I appreciate the point of view. It's well taken. But I believe that the reason why there was the precision in the order and the discussion about timing and dollar amounts was a well-balanced approach to assuring that the problem will be addressed, because it is a repeat violation and could have been addressed previously. MR. FUENTES: And they -- MR. WHITE: And because we also, both from the county's perspective and from this board's perspective, recognize that it may July 28, 2022 Page 101 be a more community-wide concern that may require changes to the regulations themselves to more precisely include that line between what we discussed before about the difference between retail sales and outside storage. So I'm just trying to put on the record something that will help meet your point of view while still protecting the Board, if you will, from any potential legal challenge. MR. RUBENSTEIN: I mean, in my opinion, the only thing that I see that could possibly be a violation is their plants outside the front door. When you walk in, they have plants to the right and left. Those are there. They've been there since day one. Yeah, they'r e outside sales. But as far as storage, I think it's deliveries. I mean, they don't move the goods out of the back into the store, and the only thing else that could be a violation is when they sell Christmas trees out there in December. CHAIRMAN KAUFMAN: I think they put those in a tent. MR. RUBENSTEIN: Which is even worse. Another temporary structure. MR. AYASUN: Lee, what you said earlier is well taken, and I'm in total agreement with it, but they should have had their representative here. MR. RUBENSTEIN: I agree. MR. AYASUN: For them not to show any respect for the Board for me is a violation on its own. MR. RUBENSTEIN: And maybe five grand, it will wake somebody up. MR. FUENTES: Five thousand dollars is not going to hurt Lowe's. We also have Ace Hardware. (Simultaneous crosstalk.) MR. RUBENSTEIN: That's why I asked where was the letter sent to? Did it go to corporate, or did it go right to the store on the July 28, 2022 Page 102 East Trail? MR. LETOURNEAU: As the investigator stated, he had many conversations with numerous managers there. If they didn't get the word up to the corporate level, that's on them. We sent the notices where we legally needed to send them. That's all I can say at this point. CHAIRMAN KAUFMAN: I'm sure this will be resolved in a sane matter going forward one way or other. At least -- MR. LETOURNEAU: We would be more than willing to work with Lowe's to come in and try to work out the best situation per the ordinance with them. MR. RUBENSTEIN: Is the zoning different for each of these Lowe's locations? MR. LETOURNEAU: Off the top of my head, I don't think so. I think they're all C-4. They're -- I think they're all PUDs but with C-4 requirements. MR. RUBENSTEIN: And Home Depot as well? MR. LETOURNEAU: I believe so, yes, sir. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Moving right along. MR. RUBENSTEIN: Okay. Thank you. CHAIRMAN KAUFMAN: Thank you. Helen, what's next? MR. RUBENSTEIN: Lunch. MS. BUCHILLON: Next case, No. 17, CENA20220005404, Michael Ray Marolla. They have two cases. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COLLIER: I do. July 28, 2022 Page 103 CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Okay. Moving right along. MR. COLLIER: For the record, Investigator Adam Collier, Collier County Code Enforcement. This is in reference to Case No. CENA20220005404 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 54, Article V, Sections 54-179 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Description of the violation: Outside storage and litter. Violation's located at 2961 28th Avenue Southeast, Naples, Florida. Folio No. 41345480001. This case originated from a complaint with the original -- the original case number being CELU20220005097. Personal service was given on June 7th of 2022. The original complaint date was 5/25 -- or May 25th of 2022, but because of the nature of the complaint, the initial inspection was scheduled at a time when the Collier County Sheriff's Office could be present. In addition to the Collier County Sheriff’s deputy, the Health Department was contacted for this. On site with the deputy for the initial inspection on June 1st, 2022, from the street I did witness outside storage and litter consisting of, but not limited to, mattresses, buckets, clothes, and other miscellaneous debris and material. The deputy and I approached the property and made contact with the gentleman who informed us that he had the authority to make decisions on behalf of the property. His name was Antonio Duran. He allowed the deputy and I to enter into the backyard. While in the backyard, more outside storage and litter was observed. Furthermore, there was a -- there was an RV that had its waste July 28, 2022 Page 104 pipe -- had a waste pipe duct taped to it, and the waste was just going out into the grass. While on site, I informed the property representative of the violations. I informed him of the next steps if not in compliance. I also informed him that I'd return in five days to follow up. CHAIRMAN KAUFMAN: Is this in Golden Gate City? MR. COLLIER: Golden Gate Estates. CHAIRMAN KAUFMAN: In the Estates, okay. MR. COLLIER: In the Estates. Before my follow-up, I made contact with Antonio Duran via phone. He requested I do my recheck on the 7th -- on June 7th of 2022, so the recheck was rescheduled. On June 7th of 2022, I did -- I went -- while performing my recheck, I did observe that the violations still existed. I spoke with the property owner, Mike, at that time. Also Antonio was present. The notice of violation was issued to the property owner, Mike. I informed the property owner I would return on June 17th, 2022. I informed him that if the violation had not been abated, the case would be prepared for a hearing. So on June 17th of 2022, from the road I did observe outside storage and litter remained. I was unable to enter the property because a string had been placed around the property with a no trespassing sign posted on it. At this time the case was prepped for hearing. I think it's also important to note that this property is an ongoing concern for the Collier County Sheriff's Office within contacting us via email every so often to go out there. So at this time I'd like to present case evidence in the following exhibits: Four photos taken by myself on the first; two photos taken by myself on June 7th, 2022 -- excuse me -- June 1st, 2022; two photos taken by me again on June 17th, 2022; and a lot of photos, 11 July 28, 2022 Page 105 photos taken on -- yesterday, July 27th, 2022. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. FUENTES: Motion to accept photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I thought you said there was litter there. Okay. MR. COLLIER: And as you can tell from the photos, the property's just -- the outside storage and litter has progressively escalated. MR. LETOURNEAU: Is that the duct tape you were talking about, Adam? MR. COLLIER: Yeah, it sure is. MR. FUENTES: You know, if it wasn't for Collier County Code Enforcement, we'd look like Miami -Dade here pretty soon. CHAIRMAN KAUFMAN: We're working on it. MR. AYASUN: Where is that pipe taking the -- MR. COLLIER: Right to the yard, right into the grass. MR. FUENTES: That's why that patch is greener than the rest. MR. LETOURNEAU: So we're on to yesterday here. MR. FUENTES: If the deputy's involved, this is a pretty serious matter. July 28, 2022 Page 106 MR. AYASUN: It's a big A-frame, too. MR. FUENTES: Is that used for deworming pets? CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: I don't see any dogs around there. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Was the owner home when you were there? MR. COLLIER: Yesterday? No. MR. RUBENSTEIN: No. MR. COLLIER: The owner was not present, but someone that was staying there was. I didn't catch his name, but the owner is not available right now. MR. LETOURNEAU: So when you went there yesterday, the string was down with the no trespassing? MR. COLLIER: The string was down, yes. MR. LETOURNEAU: Okay. All right. MR. RUBENSTEIN: Did you leave a card or anything that you were there to have him call you? MR. COLLIER: In the past, yes. MR. LETOURNEAU: He talked to him every time he's been there. MR. COLLIER: Yeah, I've talked to him in the past. I've talked to a representative face to face and the owner. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion a violation exists? MS. ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: Second. I'll second. CHAIRMAN KAUFMAN: And a second. MR. FUENTES: I'll third. July 28, 2022 Page 107 CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. LETOURNEAU: We do. MR. COLLIER: Yeah. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.35 incurred in the prosecution of this case within 30 days and abate all violations by: 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 X amount of days of this hearing, or a fine of X amount will be imposed for each day the violation remains; and, Number 2, the respondent must notify the code enforcement 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 the abatement shall be assessed to the property owner. One more point of information. The property owner and property representative that I met with are both in jail now, so... July 28, 2022 Page 108 CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: That will stop the sewage problem. MR. FUENTES: Was it is for deworming pet reasons? MS. BUCHILLON: Mr. Kaufman, can I go ahead and put on the record the notice? CHAIRMAN KAUFMAN: Yes, please. MS. BUCHILLON: Respondent was notified regular and certified mail on July 14, 2022, and it was also posted at the property and courthouse on July 14, 2022. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: May I ask the investigator a couple questions? CHAIRMAN KAUFMAN: You may. MR. COLLIER: Absolutely. MR. WHITE: Do you know the dates that either or both of these gentlemen were incarcerated? MR. COLLIER: No, I do not. MR. WHITE: Do you know whether -- MR. COLLIER: I know it was after the notice of violation was issued because the owner signed it. MR. WHITE: Okay. That was the pertinent piece of information. CHAIRMAN KAUFMAN: Okay. This is not the first case that we've heard where -- we've heard a lot of drug cases where the respondents are in jail. We just continue on. We will assign the amount of days for this to be cleaned up and a fine thereof, and we'll go on with life. So... MR. COLLIER: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. COLLIER: Another thing, the operational costs should July 28, 2022 Page 109 have been 59.28, not 59.35. CHAIRMAN KAUFMAN: They saved a few cents there. Okay. Okay. Anybody want to try filling in the blanks? If not, I will. MR. FUENTES: Why don't you make a motion? MR. RUBENSTEIN: Who, me? MR. FUENTES: No, Sue [sic]. CHAIRMAN KAUFMAN: Okay. Thirty days, $250-a-day fine. THE COURT REPORTER: Can you say that again? CHAIRMAN KAUFMAN: Okay. 59.28 paid within 30 days, they have 30 days to come into compliance, and the fine after that is $250 a day. MR. RUBENSTEIN: I'll second that. MR. WHITE: On the motion, Mr. Chairman, I'd note that the recommendation says within X number of days, now 30, from date of the hearing, and I just simply want to make the Board aware, especially, again, for the newer members, that those time frames typically, under the law, are imposed from the point in time at which the order is rendered, which means when Mr. Kaufman signs them. Just so there isn't some change in when these things become effective. CHAIRMAN KAUFMAN: Okay. Helen, when am I going to sign the order? I'm only kidding. MS. BUCHILLON: Soon. MR. WHITE: That depends upon how quickly your attorney completes them. CHAIRMAN KAUFMAN: That's true. So we have all the parties here right now. Adam, we have a motion that's been passed: 30 days to rectify the situation, $250 a day thereafter, with operational costs of 59.28 to July 28, 2022 Page 110 be paid within 30 days. And then we will move on to the next case. MS. BUCHILLON: The next case is No. 17 [sic], CELU20220005097, Michael Ray Marolla. CHAIRMAN KAUFMAN: That's Case 18, not 17. MS. BUCHILLON: I'm sorry, 18; I apologize. Respondent was notified regular and certified mail on July 14th, 2022, and it was also posted at the property and courthouse July 14, 2022. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: It's the same people. (Mr. Collier was previously sworn.) MR. COLLIER: It is. So for the record, again, Adam Collier, Collier County Code Enforcement. This is in reference to Case No. CELU20220005097 dealing with violations of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, and Collier County Code of Laws and Ordinances Chapter 130, Article III, Sections 130-96(a). Observed people living or lodging out of a camper, RV, mobile home, things like that. Location of the violation was at 2961 28th Avenue Southeast, Naples, Florida. Folio No. 41345480001. This case originated from a complaint. Personal service was given on June 7th, 2022. The case -- again, the case originated as a complaint on May 25th, 2022, but because of the nature of the complaint, the initial inspection wasn't done until June 1st of 2022 because the Sheriff's Office had to escort us there. While there, the sheriff and I approached the property and made contact with a gentleman who informed us that he had the authority to make decisions on behalf of the property. His name, again, was Antonio Duran. He allowed the deputy and me to enter into the July 28, 2022 Page 111 backyard. While in the backyard, I did witness one of the campers running and utilities connected to it. In addition to that, a waste pipe had been duct taped to the wastewater tube, and the wastewater was being discharged into the grass. The officer knocked on the RV door. The tenant answered -- answered the camper door, and confirmed that she is living out of it. She was then informed of the violation and asked how much time was needed to come into compliance. While on site, I also informed the property representative of the violation, and I informed him of the next steps of what needed to be done to come into compliance and what would happen if he didn't come into compliance. I informed the property representative that people living in the camper was prohibited. After some discussion between property representative, the tenant, and myself, I informed Antonio that I would return in five days to ensure compliance. Before my follow-up, Antonio contacted me via phone. He requested that I do the recheck on June 7th, 2022, so the re check was rescheduled. On June 7th, 2022, I did see that both the violations still existed; obviously, the litter one and people living out of the RV. I spoke with the property owner, Mike, at that time, because he was present -- Mike and Antonio. The violation was issued and signed for by Mike. I informed the property owner I would return June 17th of 2022. I informed him that if the violation had not been abated, the case will be prepared for a hearing. On June 17th, 2022, from the road I did observe the RV remained in the rear yard. From my line of sight, I could see that it had a window unit in it, but I was unable to determine the violation had been abated because I was unable to enter the property. Again, a string had been placed around it at that time that had a "no July 28, 2022 Page 112 trespassing" sign on it. I would now like to present case evidence in the following exhibits: Four photos taken by myself on June 1st, 2022; two photos taken by myself on June 7th, 2022; two photos taken by myself on June 17th, 2022; and three photos taken by myself on -- yesterday. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Are these all the same? MR. COLLIER: They are. They are all the same, yes. MR. LETOURNEAU: Okay. MR. AYASUN: Did you say the property owner was in jail also, or only the -- MR. COLLIER: The property owner is in jail now, but at the time of the notice of violation he was not. MR. AYASUN: Okay. MR. COLLIER: That's the information that was given to me by the Sheriff's Office yesterday. CHAIRMAN KAUFMAN: Can we get a motion from the Board whether a violation exists? July 28, 2022 Page 113 MS. ELROD: I'll make a motion a violation exists. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Mr. Chairman, do you have testimony as to what the zoning of the property is? MR. COLLIER: Estates. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: I'd like to make a recommendation in the form of a motion that we do exactly what we did on the previous case. MS. ELROD: Second. CHAIRMAN KAUFMAN: 59.28 to be paid within 30 days, 30 days to abate the violation, and $250-a-day fine after the 30 days. MR. LETOURNEAU: Just as a point or record, this is a two-parter we're requesting. One to get the tags and one to cease living in the -- so 30 days and 250 on each of those? CHAIRMAN KAUFMAN: That's correct. MR. LETOURNEAU: Okay. Thank you. MS. BUCHILLON: And the ops costs is 59.35 for this one. CHAIRMAN KAUFMAN: Oh, raised the price. Okay. All those in favor? July 28, 2022 Page 114 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Adam, good luck. MR. COLLIER: Thank you. MS. BUCHILLON: Next, we're going to be going to old business, motion for imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 4, CESD20210011474, Nelson Martinez Land Holding, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? Let the record show the respondent is not present. MR. MARINOS: Absolutely. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. Past orders: On March 24th, 2022, 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. The violation has not been abated as July 28, 2022 Page 115 of July 28th, 2022. Fines have accrued at a rate of $350 per day for the period of June 23rd, 2022, to July 28th, 2022, 36 days, for a total fine amount of $12,600. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is also $59.28, for a total amount of $12,718.56. CHAIRMAN KAUFMAN: I just want to mention it's not been abated, and they have not paid their operational costs from the last case. So somebody want to impose the fine, oppose the fine -- impose? Go ahead. MS. ELROD: I'll make a motion to impose the fines. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: You're welcome. CHAIRMAN KAUFMAN: Which brings us to. (Mr. Marinos was previously sworn.) MS. BUCHILLON: Next case, No. 5, CEAU20210010882, Nelson Martinez Land Holding. And I just want to put for the record respondent was notified July 28, 2022 Page 116 regular and certified mail for all these cases on July 6th, 2022, and it was also posted at the property and courthouse July 8th, 2022. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: All right. Again, for the record, Investigator Chuck Marinos, Collier County Code Enforcement. Past orders: On March 24th, 2022, 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. The violation not been abated as of July 28th, 2022. Fines have accrued at the rate of $500 per day for the period of May 24th, 2022, to July 28th, 2022, 66 days, for a total fine amount of $33,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have not been paid, operational costs for today's hearing is 59.28 as well, for a total amount of $33,118.56. CHAIRMAN KAUFMAN: Have you been in contact with these people at all? MR. MARINOS: I have -- CHAIRMAN KAUFMAN: And? MR. MARINOS: -- the entire time. There's a bit of a story about why these have stopped being fixed. I can tell you if you want to hear it. CHAIRMAN KAUFMAN: Sure. MR. MARINOS: So long story short: The gentleman who's been fixing these is Nelson Martinez's son, estranged up until recently. He is legally responsible for none of it in terms of -- it's not going to come back onto his head as an owner. And he's put a lot of his own money into it, and it's looking like he's not going to see the return at this point in time, so he's kind of gotten to the point where he's going, I'm not going to do anything more. July 28, 2022 Page 117 CHAIRMAN KAUFMAN: So the landowner in this case is? MR. MARINOS: Mr. Nelson Martinez, who is currently in a home with dementia. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: And a whole lot of other stuff going on. CHAIRMAN KAUFMAN: Okay. Somebody want to make a motion? MR. RUBENSTEIN: I'll make a motion, Mr. Chairman, that we impose the fines as presented, 33,118.56 plus today's cost. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Chuck. MR. MARINOS: You're welcome. MS. BUCHILLON: Next case, No. 6, CESD20210011461, Nelson Martinez and Anna M. Diaz. (Mr. Marinos was previously sworn.) MR. MARINOS: Three for three. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. Past orders: On March 24th, 2022, the Code Enforcement July 28, 2022 Page 118 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. The violation has not been abated as of July 28th, 2022. Fines have continued to -- fines have accrued at a rate of $350 per day for the period of July -- of June 23rd, 2022, to July 28th, 2022, 36 days, for a total fine amount of $12,000 -- $12,600, excuse me. Fines continue to accrue. Previously assessed operational costs of 59.28 have not been paid, operational costs for today's hearing is $59.28, for a total amount of $12,718.56. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. AYASUN: It's the same people but a different address? MR. MARINOS: Yes, they have three parcels located next to each other. MR. AYASUN: Okay. Just want to clear it up. MR. RUBENSTEIN: I'll make the motion, Mr. Chairman, that the fines of 12,718.56 be imposed. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. July 28, 2022 Page 119 Thanks, Chuck. MR. MARINOS: Thank you very much. MR. FUENTES: Any more, Chuck? MR. MARINOS: All done. MR. FUENTES: Oh, okay. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, No. 2, on imposition of fines, CESD20210007671, Carlisle Wilson Plaza, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COLLIER: I do. MR. CARLISLE: Yes, ma'am. CHAIRMAN KAUFMAN: Okay. MR. COLLIER: Past orders: On March 24th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of referenced ordinances and ordered to correct the violation. See the attached -- see the attached order of the Board, OR6110, Page 3943, for more information. The violation has not been abated as of July 28th, 2022. Fines have accrued at a rate of $1,000 per day for the period from June 23rd, 2022, to July 28th, 2022, 36 days, for a total fine amount of $36,000. Fines continue to accrue. Previously assessed operational costs of 59.28 has been paid, operational costs for today's hearing of 59.28 as well, and then the total amount now, 36,059.28. Correct? Did I do that math right? CHAIRMAN KAUFMAN: Okay. I remember you. MR. CARLISLE: Yeah, unfortunately. CHAIRMAN KAUFMAN: As a matter of fact, if my memory serves me, you were in the process of selling this property? July 28, 2022 Page 120 MR. CARLISLE: No, sir. This is a different property. CHAIRMAN KAUFMAN: Different property? MR. CARLISLE: Yeah. CHAIRMAN KAUFMAN: Same person, different property. MR. CARLISLE: Same person, different property. CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: I was aware of this, but I didn't realize it had come -- again, not to be disrespectful. I take this stuff serious -- that I knew about it. I did not realize it had gone to the Board, and I guess I shouldn't say that because I knew it was coming to the Board. I just didn't know where it was. I actually met with the director and Jeff on this probably six months or so ago and acknowledged that what I did -- but the reason, I guess, you know, it was -- what we're talking about, right? I mean -- CHAIRMAN KAUFMAN: This is the parking lot with -- MR. CARLISLE: Right. It's a parking lot at Wilson Plaza. And I didn't build this plaza, but I purchased it after the fact, and the -- we have parking issues out there to begin with, and there were three areas, and the three areas were grassy, I guess, at one time, but over the period of time, it just built up mud, and I'd put gravel in that area. And when we resurfaced it, I went over it with asphalt. And I guess now I need to cut it out, which I'm willing to do, and I will do it. I understand I need to do it. I just have been worried about the other issue that I went before the Board on and told you I'd get it done, and that's why I haven't done this. MR. WHITE: And just state your name for the record. MR. CARLISLE: Excuse me. My name is Greg Carlisle, Carlisle Wilson Plaza. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Well, it has not been abated. July 28, 2022 Page 121 Your plan's to do what going forward? MR. CARLISLE: Well, I'm going to call Cougar Concrete Cutting next week and get on their schedule to cut it out, and then I'll return it to, I guess, where it was. Well, return it to better than where it was, because it was just muck. CHAIRMAN KAUFMAN: What we can do here -- because it's not compliance, we have two things that we could do. MR. CARLISLE: Right. CHAIRMAN KAUFMAN: We can impose the fine. MR. CARLISLE: Right. CHAIRMAN KAUFMAN: Or we could grant a continuance. You certainly would be in better condition if this thing was abated, obviously. MR. CARLISLE: Agreed. CHAIRMAN KAUFMAN: Okay. So anybody -- MR. RUBENSTEIN: Do we have any current photos? CHAIRMAN KAUFMAN: We're not hearing the case now, so that doesn't matter. MR. LETOURNEAU: I think currently it's still paved, I believe. MR. CARLISLE: It is. It is. MR. LETOURNEAU: Right. So they would need to cut out these areas again. MR. RUBENSTEIN: Replant? MR. LETOURNEAU: Replant, restore it to its original condition according to the Site Development Plan. MR. CARLISLE: And they did send me a Site Development Plan. MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: To give him a 30-day continuance and if July 28, 2022 Page 122 not, then the meter keeps running. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Well, the meter runs regardless. CHAIRMAN KAUFMAN: The meter runs as long as it's a continuance, so you're right. MS. ELROD: Would 30 days -- would 30 days be long enough? MR. CARLISLE: Cougar's pretty good. I don't know how busy they are, but I've dealt with them. The landscaping I can do myself. So the irrigation's there. And I don't have to put a curb in, because there wasn't -- I don't think there was a curb on the plans. I didn't remove a curb, anyway. CHAIRMAN KAUFMAN: Well, 30 days, you'll probably be well on the way to having this thing -- MR. CARLISLE: Well, I can show progress. CHAIRMAN KAUFMAN: Yes. MR. CARLISLE: If I have to cut it myself, I'll cut it myself. CHAIRMAN KAUFMAN: Okay. We'll cross that bridge when we -- MR. CARLISLE: I was going to do it, actually, but -- MR. RUBENSTEIN: You know, Mr. Chairman, let me retract my motion and extend it to 45 days -- CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: -- all right, for everything. MR. CARLISLE: Yes, sir, thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. MS. RUIZ: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? July 28, 2022 Page 123 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to you. MR. CARLISLE: Thank you. I'll get that done. CHAIRMAN KAUFMAN: Get you a big scissor to cut it out. Okay, Helen. MS. BUCHILLON: This is our last case. Number 3, CELU20200010724, Greg Carlisle. MR. CARLISLE: This is the one I'm well aware. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CARLISLE: Yes, ma'am. MR. CATHEY: I do. CHAIRMAN KAUFMAN: This is the one that you were going to sell the property? MR. CARLISLE: This property's under contract. It was supposed to close last month, and you generously gave me 30 days. I thought I could get it done. It might be done. I'm not sure. I've met three tow truck drivers. I mean, the property's clear. I got 15 containers and everything off that had been on the property for 20 years, but I had one RV that I didn't realize needed tires to move it because they won't -- the tow truck driver's won't take the -- you don't want to hear stories. Just -- I don't know where it is right now. It July 28, 2022 Page 124 hooked -- it was hooked up when I left there an hour ago. CHAIRMAN KAUFMAN: Okay. So I saw you run out several times, so... MR. CARLISLE: And the fine -- CHAIRMAN KAUFMAN: The only thing -- does the new owner understand what's going on here with this? MR. CARLISLE: Yes, sir, he does. We have the same attorney, so... CHAIRMAN KAUFMAN: Okay. So -- MR. CARLISLE: I'm not going to close -- I mean, it shows up on the -- when they did a title search. So everybody's -- I'm not closing it till I resolve it. CHAIRMAN KAUFMAN: Okay. And -- MR. CARLISLE: I'm not sure where it is right -- Chris might or -- man, I'm tired. CHAIRMAN KAUFMAN: Okay. Probably do the same thing -- MR. RUBENSTEIN: Question: How much time do you need to get this resolved, realistically? MR. CATHEY: For the record, Ryan Cathey, Code Enforcement. There's a tow truck out there right now hooked up to this last RV. They're trying to get it out. They've been out there for the last hour or so, so that's the only thing remaining. MR. RUBENSTEIN: Okay. I'd like to make a motion, Mr. Chairman -- CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: -- to give him a continuance of two weeks from today. CHAIRMAN KAUFMAN: Make it 30 days. MR. RUBENSTEIN: Thirty days from today, and fines and July 28, 2022 Page 125 penalties continue? CHAIRMAN KAUFMAN: That's correct. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) MR. CARLISLE: You guys have a thankless job. I really, really appreciate it. And these guys are great, too. CHAIRMAN KAUFMAN: Well, that's a matter of opinion. Before we adjourn -- before we adjourn, we have to sing Happy Birthday to John. MR. WHITE: Before we -- before we sing, Mr. Chairman. MS. RUIZ: Sing it or -- CHAIRMAN KAUFMAN: We'll just -- MR. FUENTES: Is that going on the record? MR. WHITE: Before we sing, if we may -- CHAIRMAN KAUFMAN: Go ahead. MR. WHITE: I just want to apprise the Board that we will be doing the changes to the rules and regulations in September. My hope is that we will have them for you, of course, sometime around the end of September. Obviously -- end of August, excuse me -- so that you'll have some time before the September meeting to look through them. I'll, again, say this in August so that if anyone has any questions and wants to discuss it with me, I'll make myself July 28, 2022 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:30 p.m. CODE ENFORCEMENT BOARD ROBER AU MAN, CHAIRMAN These minutes approved by the Board on itilusiac,2b,202, as presented X or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. Page 126 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME I NAME OF BOARD.COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE BLANCO DANNY 1CODE ENFORCEMENT BOARD MAILING ADDRFSS THE BOARD,COUNCIL COMMISSION,AUTHORITY OR COMMITTEE ON (I/ ‘0 0111 /i!7_/C S 4/ WHICH I SERVE ISA UNIT OF: CITY V COUNTY a CITY MfCOUNTY CI OTHER LOCALAGENCY / NAME OF POUTICAL SUBDIVISION. �aP es �o (fret COLLIER COUNTY DATE ON WHICH VOTE OCCURRED MY POSITION IS: March 24,2022 ❑ ELECTIVE 1W APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. � DISCLOSURE OF LOCAL OFFICER'S INTEREST I, e p lt he.0 ,hereby disclose that on Mo c A 2 Y ,20 Z Z (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; • inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or toss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: a hearing to determine whether a violation of County regulations exists such that my business relationship with the alleged violator entity's manager would potentially have the appearance of a conflict of interest due to a continuing business relationship. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ?-26 - zoz Z Date Filed nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),FA.C.