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CEB Minutes 09/22/2022September 22, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida September 22, 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 Danny Blanco Kathleen Elrod Lee Rubenstein Tarik N. Ayasun, Alternate Zully Ruiz, Alternate Sue Curley (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board September 22, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Good time to turn off your cell phones if you have one, and I know everybody does. Notice: That the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. And you better remember all of that because I'm going to have a test later on to check. Okay. I'd like everybody to stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, why don't we start out with the roll call. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? September 22, 2022 Page 3 MS. ELROD: Here. MS. BUCHILLON: Ms. Sue Curley is excused. Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Present. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Present. MS. BUCHILLON: And Ms. Zully Ruiz? MS. RUIZ: Present. MS. BUCHILLON: And Mr. Danny Blanco is running a couple minutes late. CHAIRMAN KAUFMAN: He's here. MS. BUCHILLON: Oh, he's here. Mr. Danny Blanco? MR. BLANCO: Here. CHAIRMAN KAUFMAN: I didn't recognize him with the glasses. He must be getting older. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. I'm sure everybody's gotten the minutes from last meeting. Anybody have any changes on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, we'll accept the approval of the minutes. Get a motion. MS. ELROD: Motion to accept the minutes. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. September 22, 2022 Page 4 MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. Do we have any changes? MS. BUCHILLON: Yes, sir. First of all, we have three stipulations. First stipulation under hearings, No. 4, CEROW20220005091, Sunward, LLC. Next stipulation, No. 14, CEROW20210004559, Timothy Matthew Everett and Carol Renee Everett. Last stipulation, No. 7, CESD20210010036, Tylinski Properties, LLC. Now we have the withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1, CELU20210007917, Azteca Supermarket 2000, Inc., has been withdrawn due to a death in the family. Number 2, CEPM20210000793, David C. Arnold, has been withdrawn due to compliance efforts. Number 3, CELU20220003027, Home Depot USA, Inc., has been withdrawn, has a 30-day in-house continuance requested per the attorney. Number 5, CESD20220001491, Jesus Garcia and Guadalupe Garcia, has been withdrawn due to compliance efforts. Number 6, CEVR20210010567, Angel Madera, Jr., has been withdrawn due to compliance efforts. Number 10, CESD20210013130, Fairway Preserve at Old September 22, 2022 Page 5 Cypress A Condominium, has been withdrawn due to compliance efforts. Number 11, CENA20220007437, 117 [sic] Riggs Road, LLC, has been withdrawn. Attorney requested a 30-day in-house continuance. Number 12, CENA20220006982, 11750 Riggs Road, LLC, has been withdrawn, also an in-house continuance. Next under old business, motion for imposition of fines, No. 3, CESD20210005110, Osmath Diprena and DJoulie Adeka, has been withdrawn. They paid the past due ops cost. Number 5, CESD20170011238, Caryn McGrath, has been withdrawn and will be rescheduled for the October hearing. Number 7, CESD20220007975, Jessica Doyle and Marc C. Berry, has been withdrawn, has obtained a demolition permit. Number 8, CESD20190014719, Ulysses Nabal Jaen, has been withdrawn and will be rescheduled for the October hearing. Number 9, CELU20200002226, John D. Harlem and Meghan K. Harlem, has been withdrawn due to compliance efforts. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the modified agenda. MS. ELROD: Motion to accept. MS. RUIZ: Motion to approve the modified agenda. MR. BLANCO: 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. September 22, 2022 Page 6 MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: First case. CHAIRMAN KAUFMAN: Stipulation, Case No. 4. MS. BUCHILLON: We have an extension of time. CHAIRMAN KAUFMAN: Oh. Okay. MS. BUCHILLON: Under public hearings, motion for extension of time, No. 1, CESD20210001477, Four Amigos 3, 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. CATHEY: I do. MR. QUATTRONE: I do. MR. WHITE: Just a point of order, if I may, first, Mr. Chairman. In this matter, because the fines have not yet begun to accrue -- they wouldn't have until tomorrow -- and there was a timely request for an extension of time, if the request is granted as per the 60 days, I believe, this is one of those cases where the fines would not begin to accrue until whatever time it may be if the Board so chooses to extend that time to come into compliance. Just a point of clarification. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please. MR. QUATTRONE: Sure. My name is Al Quattrone with Quattrone & Associates. We're the engineer and represent our client, Four Amigos. September 22, 2022 Page 7 CHAIRMAN KAUFMAN: Okay. And you have their permission to -- MR. QUATTRONE: Yes, I do. CHAIRMAN KAUFMAN: Okay. Okay. MR. QUATTRONE: So I just wanted to give you an update. We've been working with county staff to work through the code violation and the design issues. We've been in for two reviews. The project is currently being reviewed right now. I think the last submittal was done about two to three weeks ago. So we're hoping here within the next couple weeks we'll actually have the permit so they can physically go out there and make whatever improvements they need. They're hoping they can get the work done within 45 days of getting the permit. I'd like to give them a little buffer and either ask for 60 to 90 days based on, you know, the issues with construction now, if possible. CHAIRMAN KAUFMAN: Okay. And the county? MR. CATHEY: No objection. CHAIRMAN KAUFMAN: Okay. I'm glad to see you came before the fines start to accrue. MR. QUATTRONE: Yeah. CHAIRMAN KAUFMAN: Anybody want to make a motion on this? MR. BLANCO: I'll make a motion to grant the respondent's motion for extension of time. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Okay. And how many days, Danny? MR. BLANCO: They're requesting 60 days? CHAIRMAN KAUFMAN: Yes. MR. BLANCO: I'll give them the 60 days. September 22, 2022 Page 8 CHAIRMAN KAUFMAN: Okay. So we have a motion and a second to grant a 60-day extension of time. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. QUATTRONE: Thank you very much. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, first stipulation, No. 4, CEROW20220005091, Sunward, LLC. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. If you would like to read the stipulation into the record for us, after you're sworn. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; September 22, 2022 Page 9 Two, abate all violations by: Must replace, repair, and maintain grate with approved material in accordance with Chapter 110, Division 2, Collier County Code of Laws and Ordinances, within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated; The respondent must notify Code Enforcement of within 24 hours of the abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of 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: There's no safety or health in this? MR. CATHEY: No. CHAIRMAN KAUFMAN: Okay. Looking for a motion from the Board. MS. ELROD: Motion to accept the stipulation as written. MR. BLANCO: Second. 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. September 22, 2022 Page 10 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next stipulation, No. 14, CEROW20210004559, Timothy Matthew Everett and Carol Renee Everett. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. CHAIRMAN KAUFMAN: Okay, Ryan, you want to read this into the record for us? MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County right-of-way permits, inspections, certificate of completion for the unpermitted driveway and pipe crossing within 120 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 the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the September 22, 2022 Page 11 Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any questions or motions from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we -- MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. RUIZ: No. CHAIRMAN KAUFMAN: You have one no? MS. RUIZ: One no. CHAIRMAN KAUFMAN: Okay. All those in favor are -- one, two, three, four, five, six? Six and one no, okay. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thanks, Ryan. MS. BUCHILLON: Next stipulation, No. 7, CESD20210010036, Tylinski Properties, 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. MUCHA: I do. September 22, 2022 Page 12 MR. TYLINSKI: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. TYLINSKI: Christoff Tylinski. CHAIRMAN KAUFMAN: Okay. And, Joe, you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe 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 certificates of completion and/or occupancy for the commercial building within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any safety and health involved in this? MR. MUCHA: No. I mean, the building itself has had its final building inspection. There's just some other things that need to be done to finish the permit. I know there's some FDOT September 22, 2022 Page 13 requirements that he's got to go through, and so it's going to take a little bit. I just wanted to make sure he had enough time to finish it. CHAIRMAN KAUFMAN: That's the six months? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Sir, do you have any questions? MR. TYLINSKI: No, I don't. MR. WHITE: Just one point of information, Mr. Chairman. My understanding is that the manager of the LLC is Alba Tylinski. MR. TYLINSKI: Yeah, that's my wife. MR. WHITE: I'm assuming she's given you permission to be here and speak on behalf of the LLC today? MR. TYLINSKI: Yes. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. MR. FUENTES: Motion to accept the stipulation. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. RUIZ: No. CHAIRMAN KAUFMAN: Okay. One no. Same as the September 22, 2022 Page 14 last time. MR. TYLINSKI: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Okay. Helen, that brings us to? MS. BUCHILLON: That brings us to, under hearings, No. 8, CESD20210001490, Cecilio Martinez Resendiz and Maricela Valerio Martinez. MS. GARCIA: Good morning. I'm Evia Garcia. Because of the language barrier, I'm going to interpret for them. CHAIRMAN KAUFMAN: Okay. You'll be sworn in as such by Terri. 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? MS. GARCIA: Evia Garcia. 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. THE INTERPRETER: They will. CHAIRMAN KAUFMAN: Okay. Can the two respondents, could you put your name on the record. You can pull the microphone down if you want. MR. MARTINEZ: Cecilio Martinez. CHAIRMAN KAUFMAN: Okay. MS. MARTINEZ: Marcella Valerio Martinez. CHAIRMAN KAUFMAN: Okay. Here we go. MR. COLLIER: For the record, Investigator Adam Collier, Collier County Code Enforcement. This is in reference to Case No. CESD20210001490 dealing with the violation of Collier County Land Development Code 04-41, September 22, 2022 Page 15 as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), an unpermitted carport and other accessory structures. Violation location is 3371 14th Avenue Southeast, Naples, Florida, 34117; Folio No. 41040200007. Service was given on March 25th of 2021 with the notice of violation being posted by Investigator Michele McGonagle at the property and at the courthouse. In addition to these postings, the notice was mailed both regular and certified to the property owner. This case originated from a complaint on February 10th of 2021. During the initial investigation on February 11th of 2021, Supervisor Connetta noticed -- noted that he did observe a large metal structure constructed in the rear of the property. On February 16th of 2021, Investigator Michele McGonagle noted in her case research that Property Appraiser revealed multiple structures in the rear yard, one of them being the carport, and that none of the accessory structures had a permit on file at the time. CHAIRMAN KAUFMAN: How many structures are there? MR. COLLIER: I think there's two or three. I have a picture of it -- CHAIRMAN KAUFMAN: Okay. MR. COLLIER: -- in the evidence overhead, you'll see. On March 2nd of 2021, the determination that was prepared by Investigator Michele McGonagle was returned by the Building Official Jonathan Walsh, and it was determined that a violation existed. A permit was required for the additional structures, and that -- on May 12th of 2022, a phone call between the respondent and Investigator Lewis revealed that he was waiting on a company to do a spot survey for him before he could move September 22, 2022 Page 16 forward with the permitting process on the one building. He had applied for a permit just for the metal building, not the additional accessory structures. So on July 14th, 2022, I did see that the permit remained in rejected status. At this time I prepped the case for hearing. On September 21st, yesterday, when I did my recheck, I did notice that the buildings were still there, and now the permit was in expired status. At that time I made a phone call to the respondent and explained it to him. He did go over and have the permit reactivated, but now it remains in rejected status. At this time I'd like to present case evidence in the following exhibits: I have a snippet of the rejected permit. CHAIRMAN KAUFMAN: Has the respondent seen these? MR. COLLIER: He has. CHAIRMAN KAUFMAN: Okay. Do you have any objection to what the officer is showing? THE INTERPRETER: He says he is aware of it, and he agrees with him. CHAIRMAN KAUFMAN: Okay. So there's no objection. Okay. Get a motion from the Board to accept the documentation from the officer. 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. MR. BLANCO: Aye. September 22, 2022 Page 17 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. COLLIER: All right. I have two photos taken and uploaded to a shared drive that I have access to by Supervisor Connetta on February 11th, four photos taken by Investigator McGonagle and uploaded to a shared drive that I have access to on February 17th, 2021, and then five photos taken by myself yesterday, the determination from Jonathan Walsh and aerial -- aerials from the property, historical aerials from the property. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'm going to start with the aerials. Maybe that would be the easiest way to go. We're going to go with the 2022 first, and then, Adam, if you want to point out -- MR. COLLIER: So, yeah, right there, and then this one as well. Yep. And then it appears that there are some over on the side there. From the photos, I can see a little canopy structure, but we haven't had access to the rear yard on that -- on those ones. The only ones we know for certain are the three there. CHAIRMAN KAUFMAN: Do we have setback issues on this? MR. COLLIER: It's hard to say without the spot survey, but it would appear that there might be. MR. FUENTES: Can you elaborate as to why you haven't had access? MR. COLLIER: I just haven't had anybody give me access to the rear yard. MR. FUENTES: Have you been prevented, would you say? September 22, 2022 Page 18 MR. COLLIER: It's got a fence. It's got a gate. No one's there when I show up. CHAIRMAN KAUFMAN: Have you tried to make an appointment with them? MR. COLLIER: I just -- I just took over this case recently, so I kind of took over -- took it over at the end where I did just -- where I observed, made a phone call, and then prepared it for hearing after the spot survey didn't come through. CHAIRMAN KAUFMAN: Okay. So, basically, just to summarize, the building in the back, the big building, that's in violation and has no permit? MR. COLLIER: Yeah. CHAIRMAN KAUFMAN: Okay. I don't think we need to make more of it than is there. MR. BLANCO: A quick question for the county. MR. LETOURNEAU: I would say that it's more than just a big building. There's a couple other -- MR. COLLIER: Yeah. There's a couple other -- (Simultaneous crosstalk.) (Interruption by the stenographer for clarification.) MR. LETOURNEAU: Go ahead, Adam. MR. COLLIER: Yeah, there's some other structures back there. The big building that you see, the one that the pen's over, and then the few on the side there. CHAIRMAN KAUFMAN: Okay. And you have not had access, so you don't know if there's electricity in the building or not? MR. COLLIER: I do not. CHAIRMAN KAUFMAN: In any of the buildings? MR. COLLIER: I do not. CHAIRMAN KAUFMAN: Okay. September 22, 2022 Page 19 MR. BLANCO: Mr. Chairman, quick question for the county. How did the case originate? Was this a complaint? MR. COLLIER: It was a complaint. CHAIRMAN KAUFMAN: Has this gone -- come from Contractors Licensing or somebody else? MR. COLLIER: It did not come from Contractors Licensing. It was from a person. CHAIRMAN KAUFMAN: Okay. No problem. MR. LETOURNEAU: So I'm working my way back here. I've got the 2021 aerial right now. Pretty similar to the last one. And then 2019. As you can see, the big building's not there, and it appears this one might have changed at some point a little bit. MR. COLLIER: There's a lean-to off to the side. MR. LETOURNEAU: I'm not sure when these structures went in, but our point is that everything that isn't either the house or the pool is not permitted at this point. CHAIRMAN KAUFMAN: Is the pool permitted? THE INTERPRETER: Yes. MR. LETOURNEAU: I'm sure it is. MR. COLLIER: Yeah, I have not looked into the pool. CHAIRMAN KAUFMAN: So you have reviewed the original card on this property? MR. COLLIER: The property card? CHAIRMAN KAUFMAN: Yeah. MR. COLLIER: I reviewed the stuff that's on the case, yeah. CHAIRMAN KAUFMAN: On the original -- I don't know when this structure was done. But on the original property card, it would show what was permitted at that time or not. MR. COLLIER: Yeah, I understand. I understand that. CHAIRMAN KAUFMAN: Okay. Just to clear it in my September 22, 2022 Page 20 head. Okay. Jeff. MR. LETOURNEAU: Okay. Here we go. These are the original photographs taken by John Connetta. CHAIRMAN KAUFMAN: The date on these, Jeff? MR. LETOURNEAU: What did it say here? February 11th, 2021. CHAIRMAN KAUFMAN: Okay. And am I looking at a carport there in the back? MR. COLLIER: Yes. CHAIRMAN KAUFMAN: And then I'm looking, in front of that is another building -- THE INTERPRETER: It's a stable. CHAIRMAN KAUFMAN: -- that has no permit? MR. COLLIER: Yes. MR. LETOURNEAU: I believe this long structure is that big building this was in the back yard. You're getting this from in the front of the property. MR. COLLIER: Yeah. MR. LETOURNEAU: So the depth is a little whacky here, but, I believe -- let's go back to the original aerial. I believe that that was the building in the forefront right there. MR. COLLIER: Yes. MR. LETOURNEAU: Because you're taking -- somebody took the picture from the side here, and then that's the big building that is in the rear. CHAIRMAN KAUFMAN: Is -- the building in the rear, does it have sides now and it didn't have sides then? MR. COLLIER: It does not have sides now. CHAIRMAN KAUFMAN: Okay. MR. COLLIER: I don't believe. He says -- I think he says September 22, 2022 Page 21 it's a stable, not a carport, is what he just told me. CHAIRMAN KAUFMAN: Oh, so we have a semantics discussion, okay. MR. LETOURNEAU: That's from the other side of the house. MR. COLLIER: Yes. MR. LETOURNEAU: A little bit backed-up picture from the right side of the house. Let's go down these photos. Here's what Adam took yesterday. MR. COLLIER: Yes. MR. LETOURNEAU: Okay. What's that? Something new. MR. COLLIER: Yes. That's a wall that's been built around his wellhouse. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Is this out in the Estates? MR. COLLIER: Yes. CHAIRMAN KAUFMAN: So this property is two-and-a-half acres or so? MR. COLLIER: I don't recall how big the property is. MR. BLANCO: 2.73, according to the county records. CHAIRMAN KAUFMAN: Okay. So it's 180 by 660. Okay. THE INTERPRETER: Two-and-a-half quarter acres. MR. LETOURNEAU: Once again, this is yesterday. MS. RUIZ: I have a question, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. Hold on one second. Let's go through the pictures -- unless you have a question on the pictures? MS. RUIZ: Yes. CHAIRMAN KAUFMAN: Go ahead. What's your September 22, 2022 Page 22 question? MS. RUIZ: Yes. I'd like to find out, please, what are the uses of these buildings? What are they using these buildings for? CHAIRMAN KAUFMAN: I think you have to wait until -- you have to wait until they testify. MS. RUIZ: Okay. CHAIRMAN KAUFMAN: Okay? MS. RUIZ: Thank you, Mr. Chairman. CHAIRMAN KAUFMAN: Let Adam finish doing his thing with Jeff. MR. LETOURNEAU: This is the last picture right here, and then we've got our determination. CHAIRMAN KAUFMAN: From Jonathan Walsh? MR. LETOURNEAU: Yes, basically saying all the unpermitted structures or additions require the permits. And if they're not attached, a separate permit would be needed for each one. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Adam, anything else we need to look at? MR. COLLIER: No, sir. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Okay. Now we go to the respondent. You've heard the case that the county has put on. Our is going [sic] to find out whether this is a violation or not. Based on his testimony, we will review that as well, so... THE INTERPRETER: Okay. When he purchased the home -- MR. WHITE: Mic, mic. THE INTERPRETER: When he purchased the home, September 22, 2022 Page 23 everything existed except the stable. He has horses. The tack room was there. The side little one that has just gone up with blocks is -- when the fires hit last year, it burnt it down. It used to be a wooden structure that covered his wells and water system. The stable, he says he was not aware that -- because somebody had told him he could have a stable as long as there was no electricity, no water to house his horses. But he wants to correct everything because he feels bad that he's done something against the law. And he feels even worse because the neighbor who complained was simply because he told him he should have never moved there because he didn't need a Hispanic in his backyard, which, you know, I'm sorry, but the guy is a decent hardworking family, you know. It has nothing to do with where he's from. MR. BLANCO: Mr. Chairman, we do have a letter from HKL & Associates regarding this case. MR. WHITE: And, Mr. Chairman, I believe it would be appropriate to consider that as a request by respondents to have it admitted into evidence as Respondent's Composite Exhibit 1, and it will be also provided to our minutes keeper. So you would need a motion to bring it into evidence. CHAIRMAN KAUFMAN: Well, I would ask the respondents if they want to put it into evidence. MR. WHITE: You're looking at it. CHAIRMAN KAUFMAN: I'm not looking at anything except what's up on the board. MR. BLANCO: I believe Helen gave it to you, sir. CHAIRMAN KAUFMAN: This one right here? MR. BLANCO: Yes. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I'm only trying to -- September 22, 2022 Page 24 CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- make it easier. CHAIRMAN KAUFMAN: No problem. THE INTERPRETER: They would like to know could they get a continuance for maybe 60 to 90 days so that they can get it all corrected. They've tried with surveyors. As we know right now, the building industry is a hot mess, and it's hard to get people in, but they are trying to correct it. CHAIRMAN KAUFMAN: Okay. Let me make it easier. The first thing that we have to do is to determine whether a violation exists. THE INTERPRETER: Okay. CHAIRMAN KAUFMAN: So before that, let's find out if a violation exists. Have they finished presenting their information? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. So can we get a motion from the Board to accept this HKL planning documentation? MR. RUBENSTEIN: I'll make the motion. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. MR. BLANCO: Second. CHAIRMAN KAUFMAN: 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. September 22, 2022 Page 25 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So our next job is to determine whether a violation exists. We have documentation from Jonathan Walsh, who is responsible for that type of documentation. He said it's -- those buildings require a permit. So if anybody would like to make a motion whether a violation exists. MR. BLANCO: Make a motion to find the respondent in violation. MS. ELROD: Second. MS. RUIZ: Second to that. CHAIRMAN KAUFMAN: Okay. I have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: (Absent.) MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Terri, could you make sure that you note that John had to step out to the facilities or whatever. Okay. So the vote's a little different. Okay. So now let me -- to keep this as simple as possible, do you have a suggestion for us, Adam? MR. COLLIER: Yes. That the -- or that the Code September 22, 2022 Page 26 Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion and occupancy for the unpermitted carport, metal structure, and all other unpermitted accessory structures within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; and, Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 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 shall -- and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So now I'd like to understand from the respondent how long he thinks this would take to do everything, and then we'll make a motion as to how much time we're going to give to have this thing resolved, okay? MR. WHITE: While she's translating, Mr. Chairman and Board, you have, from the exhibit, a -- it's entitled a request for extension. Clearly, because what you have, in a sense, was a -- at the beginning of this, a request for a continuance, because at that point the violation hadn't been found. Now the violation's been found. I think, in either instance, no matter how you construe it, whether it's a request for a continuance or a request for extension of time, it is, in a sense, untimely because it was not done before the hearing. So I just wanted to put that on the record, and it kind of disposes of itself without any action by the September 22, 2022 Page 27 Board. CHAIRMAN KAUFMAN: No problem. I understand. The Board you understand? Okay. So how long does the respondent believe it will take him to get everything done? THE INTERPRETER: He thinks 90 days, three months. CHAIRMAN KAUFMAN: Ninety days. I would think it will take more than 90 days, probably 120 days, personally, but that's just my thought, which would be better for the respondent. So would anybody like to make a motion? MR. BLANCO: I'll make a motion. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: To give the -- pay operational costs in the amount of 59.28 within 30 days, 120 days, or $100 a day. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. MS. RUIZ: Yes. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: (Absent.) MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. RUBENSTEIN: Mr. Chairman, before we vote -- CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: -- I have a question. Before we September 22, 2022 Page 28 vote, should we not tell the respondent where we're at in this process? CHAIRMAN KAUFMAN: Well, I think once we vote -- MR. RUBENSTEIN: Before we fill in the blanks. CHAIRMAN KAUFMAN: We did fill in the blanks already. It's -- the motion was for 120 days and, after 120 days, it's $100-a-day fine. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: When are they going to be told that? CHAIRMAN KAUFMAN: Right now. MR. AYASUN: They're talking about it. THE INTERPRETER: Understood. CHAIRMAN KAUFMAN: Okay. We're giving you more than you think you need because we know how the wheels turn. Okay. MS. RUIZ: I have a question, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MS. RUIZ: In the letter from HKL Planning, it says that you are going to be required [sic] a hearing for a variance; is that correct? MR. WHITE: I don't believe it is, ma'am. I don't see anything in there about a variance. I do see that they are required to get a certified site plan, which is why they need the licensed surveyor. MS. RUIZ: The reason I'm asking is because the variance is going to take longer than 120 days. MR. WHITE: And I'm simply saying, I don't believe that there's anything about what they need to do to abate these violations that requires a, quote, variance, end quote. MS. RUIZ: Well, I'm asking, because the letter officially September 22, 2022 Page 29 says it on the front. MR. WHITE: I don't -- I don't see where it states that. Can you -- MR. LETOURNEAU: On the back. MS. RUIZ: It says, to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of these pole barn permits, specifically. Variance request. MR. WHITE: I see that -- I see that on the other page, but the more detailed statement requesting the extension of time that details all of the steps they believe necessary makes no mention of the need for a variance. I believe that the agent authorization was simply one that was as broad as possible to cover them in case anything may have been needed. However, to abate this violation, a variance is not required. CHAIRMAN KAUFMAN: And even if it was required, we're granting 120 days. If it takes longer because some other documentation is required, the respondent can come back at that time and let us know. So we have voted on this. The motion passes. So hopefully you'll be able to get everything resolved. I'm sure that Adam will be glad to work with you letting you know what you need to do. We go from there. Okay. THE INTERPRETER: Okay. Thank you. CHAIRMAN KAUFMAN: So you have 120 days. THE INTERPRETER: Thank you. CHAIRMAN KAUFMAN: If for some reason you get stuck and you can't get it done, come back before the end of the 120 days and tell us what your problem is, and we'll see if we can help you through that. MS. RUIZ: Thank you, Mr. Chairman. THE INTERPRETER: Thank you. September 22, 2022 Page 30 CHAIRMAN KAUFMAN: Okay. Thank you. Adam, thank you. MR. COLLIER: Thank you. MS. BUCHILLON: Next case, No. 9, CESD20210012586, William N. Kogok, Jr. MR. KOGOK: 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? MR. MIGAL: I do. MR. KOGOK: I do. CHAIRMAN KAUFMAN: Okay. Could you give us your name on the microphone, please. MR. KOGOK: William Kogok, Jr. CHAIRMAN KAUFMAN: Okay. Rick, the ball is in your court. MR. MIGAL: Good morning. For the record, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CESD20210012586 dealing with the violation of the 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). The property is located at 3620 White Boulevard, Naples, Florida 34117, and the folio number is 37987840000. Personal service was given on March 11th, 2022. On December 8th, 2021, I received a complaint regarding an unpermitted pump house and detached garage on this property. I met with the property owner on the same day and observed the structures. Research confirmed that no permits were issued for the pump house or the detached garage when it was built -- when they were built around 2010. September 22, 2022 Page 31 I obtained a determination from the chief building inspector which confirmed that permits are required for each structure, and the pump house may require a variance for setback requirements. Mr. Kogok purchased the property in March of 2021. Subsequent inspections confirmed no changes to the structure and no permit activity. As of yesterday's inspection, the buildings remain, and no permits have been issued, so the violation remains. I would now like to present case evidence in the following exhibits: Two pictures taken by me on December 8th, 2021; one picture taken by me on December 13th, 2021; and two pictures taken yesterday during my pre-hearing inspection. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MIGAL: He has. CHAIRMAN KAUFMAN: Do you have any objection? MR. KOGOK: No objections. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. MS. ELROD: Motion to accept the photos. 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. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? September 22, 2022 Page 32 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Jeff, you're on. MR. MIGAL: Okay. This is a picture taken from, basically, the front of the house looking directly down the driveway on the left side of the house for the pump house; taken from the next-door neighbor's property, again, of the pump house; the detached garage in the rear of the property. CHAIRMAN KAUFMAN: Is there a garage door on that -- is that a garage or a building? MR. MIGAL: It's on the west side. You'd be looking at the north side of the garage right there. CHAIRMAN KAUFMAN: Okay. Is that -- I'm -- just to unconfuse me, is that a driveway that's going to the building? MR. MIGAL: Yes. CHAIRMAN KAUFMAN: So if it's a garage, you would think it would go to a garage door. Not that it matters. This is, again, semantics. I'm just trying to -- MR. KOGOK: I could clear that up for you. CHAIRMAN KAUFMAN: Please. MR. KOGOK: The gentleman I purchased the house from built it. He had an electronics company, and he used it for storage. So the garage door's on the side where he would just -- he would stop right there and just load stuff in. He never parked vehicles in it. CHAIRMAN KAUFMAN: Okay. I understand. Thank you. Rick. MR. MIGAL: Another picture. This is -- which number is that one? Sorry. MR. LETOURNEAU: That's a good question. September 22, 2022 Page 33 MR. MIGAL: Okay. That would be yesterday's picture. I was not -- Mr. Kogok, sorry, was not home when I went for my prehearing inspection, so I had to take them from my legal vantage point, which was the street, basically. So that's the best I could do with that -- CHAIRMAN KAUFMAN: Okay. MR. MIGAL: -- picture. MR. LETOURNEAU: Is that still the pump house right there? MR. MIGAL: That's the pump house. You can barely see the garage from the street. So, unfortunately, I don't have a second picture of the garage from yesterday. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Where is this property located? MR. MIGAL: 3620 White Boulevard, just west of 951. MR. MIGAL: Estates. CHAIRMAN KAUFMAN: Estates. MR. MIGAL: Oh, sorry. MR. LETOURNEAU: Okay. That's it. CHAIRMAN KAUFMAN: Okay. So your turn. MR. KOGOK: As stated, I purchased the house in March of last year. I believe the structures to have been built in 2010 or 2011. I did my due diligence and found that they were on the tax records, on the county tax records. So I thought that the county tax appraiser would have contacted someone else in the county to make sure that they had been approved already; otherwise, I wouldn't have purchased the property. CHAIRMAN KAUFMAN: So you're saying that when these were built, they were permitted? MR. KOGOK: No, I'm not saying that at all. CHAIRMAN KAUFMAN: Okay. September 22, 2022 Page 34 MR. KOGOK: I'm saying that my knowledge was that they had -- I assumed that they had been because the county was aware of the buildings as far back as 2010 or 2011, okay. So now that I know, I assume all the liability. I had this survey -- required survey done in January. It came back without elevations on it, so I had them come back and do the elevations in February. And since that time I haven't found anyone in engineering to do the drawings, scope of work, and product approval lists that are required to get this done. They're all either too busy, they won't return calls, or they won't do the work due to the liabilities that are presented them afterwards because they can't see through concrete. I've even called -- I've called a company called Licensed Structural Engineers who were ready to come the next day, and it seemed a little fishy to me, so I did my due diligence again online only to find out that they have a history of taking your $1,400, taking the pictures, coming out, doing the inspections, and then never returning. I've had two other companies who said they would do the job only to drag me on -- one company dragged me on all of August and never returned my emails after saying he'd do it. I contacted his brother who owns Cronin Engineering, who threw it back onto Apex Engineering. It turns out Apex Engineering doesn't have people who do the drawings. Further complicated things, as I ended up with COVID all of July, and the fact that Mr. Migal will tell you that we have no phone service out there. We're in between two towers, and we don't get any phone service. So I have to drive four miles to the library with my list of engineers to call and make all my calls over there. And then, again, I can't have them call me back because I don't get any calls, so I have to leave my email with September 22, 2022 Page 35 them. I had another company lined up last week who said he could do the job. I sent him the pictures. I sent him the survey with elevations only to have him say that he couldn't do the job after he had said he could. What I'm requesting -- what I'm asking for is nine more months to get this done because I'm going to need a variance as well on the pump house because it sits either four to six feet from the property line depending on what survey you go by. CHAIRMAN KAUFMAN: Let me stop you for one second. MR. KOGOK: Sure. CHAIRMAN KAUFMAN: Before we get into that, we need to determine whether a violation exists, okay. If a violation doesn't exist, we say goodbye, have a nice day. MR. KOGOK: I don't think I'll be that lucky. CHAIRMAN KAUFMAN: Probably not. Okay. So does anybody want to make a motion as to whether a violation exists? MR. BLANCO: I have a question for the county real quick. How did the case originate? MR. MIGAL: It was a private citizen that make a complaint. MR. BLANCO: Okay. Just for the record, the Property Appraiser website does have the garage -- both structures on their sketches. But just so you're aware, that doesn't necessarily mean that the structures were permitted. MR. KOGOK: Can I ask why the appraiser doesn't contact -- MR. BLANCO: That's above our pay grade. CHAIRMAN KAUFMAN: What this comes down to is September 22, 2022 Page 36 when you buy a property, if there's a problem on the property, you have now purchased the problem, okay. That's why the county started doing some inspections prior to people purchasing property, et cetera. So the good news is that if you had a property that you purchased that somebody else did something, you could go to an architect who could do this, and you could get it approved by affidavit. If you were the one who did it, then you can't. So those are the rules. So we need to vote on whether a violation exists to begin with, and then we can go forward, okay. Anybody want to make a motion as to whether a violation exists? MS. ELROD: I'll make a motion that a violation exists. 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. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we know a violation exists. And from listening to you, you have lots of things you've been trying to resolve, and it's been taking you time, et cetera, et cetera. As an estimate -- I won't hold you to it -- but how long do you think this is going to take to resolve? MR. KOGOK: Well, it's already taken me nine months September 22, 2022 Page 37 with no resolution, so... CHAIRMAN KAUFMAN: Well, you didn't have a baby, so that nine months is done. So let's go from today. How long do you think going forward? MR. KOGOK: Asking for another nine months. CHAIRMAN KAUFMAN: Okay. Okay. Now to the county, do you have a suggestion for us? MR. MIGAL: I do. CHAIRMAN KAUFMAN: Great. MR. MIGAL: That the Code Enforcement Board orders the respondents to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required county building permits or demolition permit, inspections, and certificate of completion/occupancy for the pump house and the garage within blank number of days of this hearing, or fine of blank number of dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection and confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? MS. RUIZ: Yeah, I'll fill in the blanks. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: I think 60 days is very appropriate for you to September 22, 2022 Page 38 complete all the permitting that's required for this permit. Okay. MR. KOGOK: Can I ask how I'm supposed to do that in 60 days? CHAIRMAN KAUFMAN: Wait. Sixty days is what you said? MS. RUIZ: That's what I think. CHAIRMAN KAUFMAN: And how much of a fine? MS. RUIZ: About $100 a day. CHAIRMAN KAUFMAN: And $100 a day. Do we have a second on that motion? (No response.) CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make another motion. CHAIRMAN KAUFMAN: Excuse me. Motion fails. Anybody want to make a motion? MR. FUENTES: Yes. MR. RUBENSTEIN: Yeah, I would like to take a run at it. CHAIRMAN KAUFMAN: John had -- MR. RUBENSTEIN: Give him 100 days to get his permit and $100 per day on the fine. MS. RUIZ: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. September 22, 2022 Page 39 CHAIRMAN KAUFMAN: Motion fails. John, you have a -- MR. FUENTES: I'd like to make a motion that we give this gentleman here, due to the miscommuni- -- you know, maybe the confusion, we go ahead and give him seven months. If you cannot comply within the seven months, then we will decide on a $250-per-day. MR. AYASUN: Second. MR. WHITE: Operational costs? CHAIRMAN KAUFMAN: Operational costs in the amount of 59.28 to be paid within 30 days. MR. FUENTES: Correct. CHAIRMAN KAUFMAN: Okay. So that's your motion? MR. FUENTES: That's my motion. CHAIRMAN KAUFMAN: And it was seconded by Tarik. Okay. All those in favor? MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Okay. Two opposed, five yes. Let me just say this: If we get down the road and you have a month left and you're not making any progress, you can come back to the Board, let us know what you've done, and we can give you more time to complete it. MR. KOGOK: Can I ask one question? CHAIRMAN KAUFMAN: Sure. September 22, 2022 Page 40 MR. KOGOK: I heard the word permits versus approval. Can that be explained to me? CHAIRMAN KAUFMAN: Rick can take care of that for you, what needs to be done. MR. KOGOK: Okay. MR. WHITE: As a matter of process, Mr. Kogok, what you would need to do before the time you would have to abate is timely file, just like you heard the first case today, a motion for an extension of time. If you wait until after the date seven months out, the fines will start to accrue. MR. KOGOK: Like I said, do I understand that by seven months, meaning everything must be done and approved, including the variance? MR. WHITE: Yes, sir, that's what the Board's order will say. But the Chairman has indicated to you that if you don't believe, let's say, at the sixth month, you're going to make the seventh-month touchdown, you're on a glide path where you need to file a timely motion for an extension of time and appear the month before. MR. KOGOK: I understand. MR. WHITE: Very good, sir. CHAIRMAN KAUFMAN: So if you come back and say, listen, I did A, B, C, D, I'm waiting on the next thing to happen, we'll see that you are serious about resolving it, and I'm sure the Board would look at that in a positive vein. MR. KOGOK: No one wants this done more than I do, believe me. CHAIRMAN KAUFMAN: Okay. Well, thank you very much. MR. WHITE: Perhaps your neighbor. MR. KOGOK: Thank you. September 22, 2022 Page 41 CHAIRMAN KAUFMAN: Rick, thank you. You're going to hang around because you have another case? What a surprise. Okay, Helen. MS. BUCHILLON: Next case, No. 13, CESD20210003238, Mariela Emblidge Living Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. EMBLIDGE: Yes, I swear. MR. MIGAL: I do. MS. EMBLIDGE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. EMBLIDGE: Mariela Emblidge. CHAIRMAN KAUFMAN: Okay. Rick, you're on. MR. MIGAL: Okay, for the record, again, Rick Migal, Collier County Code Enforcement. This is in reference to Case No. CESD20210003238 dealing with the violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Property's located at 340 21st Street Northwest, Naples, Florida, 34120. Folio 36913560009. Personal service was given on July 30th, 2021. On April 5th, 2021, Investigator Paula Guy received a complaint for clearing of land without permit. During her site inspection, she observed an area in the rear of the property that had been cleared with heavy machinery. Research established that no vegetation removal permit was obtained prior to clearing, and an environmental determination confirmed that violation September 22, 2022 Page 42 exists. Subsequent investigations confirmed no changes to the cleared area and no issued permits. As of yesterday's reinspection, the violation remains. I would like to now present case evidence in the following exhibits: 2021 and 2022 aerial photographs from the Property Appraiser website; two pictures taken by Investigator Guy on July 21st, 2021; five pictures taken by Investigator Guy on April 9th, 2021. Sorry, I have that backwards; and two pictures taken by me yesterday. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MIGAL: She has. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MS. EMBLIDGE: He just showed me right now. I see the ones that were taken from Paula last year, but the ones today, they don't show the entire -- I believe they don't show, you know -- like, the first one shows the back, but the ones yesterday, it was from the outside because it's so much water, right? It's flooded. MR. MIGAL: Well, you weren't home, and I have a legal vantage point. I can't go behind your house to take those pictures. So I took them from where I was legally able to, which was the street, basically. MS. EMBLIDGE: Oh, I see. But Paula went in. So they don't look same. You know, they look from inside and from outside, so they don't look the same. CHAIRMAN KAUFMAN: It's just -- MS. EMBLIDGE: But you can show them, of course. CHAIRMAN KAUFMAN: Okay. You have no September 22, 2022 Page 43 objection? MS. EMBLIDGE: No, of course, Honorable Chairman. MR. LETOURNEAU: Mr. Chairman, I'd also like to add the environmental determination. I don't believe you stated that, but I'd like to add that into the record, also. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Oh, yeah, sorry. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the documentation. MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: Okay. We have a motion. And do we have a second? MR. RUBENSTEIN: 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. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Once again, I'll start with the aerials. 2022 first. Let's go up here a little bit. CHAIRMAN KAUFMAN: This is an Estates property that's 660 feet deep and probably 150 to 180 feet wide. MR. MIGAL: Correct. MR. BLANCO: One fifty. September 22, 2022 Page 44 CHAIRMAN KAUFMAN: One fifty, okay. MR. LETOURNEAU: There's 2022, and we'll go back a year. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Is there a structure in the front by the road? I can't tell whether there is or is not. MS. EMBLIDGE: It's a car. CHAIRMAN KAUFMAN: So there's no structure on the property? MR. MIGAL: Besides the house, no. MS. EMBLIDGE: It's a car. CHAIRMAN KAUFMAN: Oh, okay. Is it a big car? MS. EMBLIDGE: It's my father's Camry. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: We'll start with the pictures back on January 4th of '21. MR. MIGAL: This was Paula's picture from the street and a closeup. MS. EMBLIDGE: Yesterday, yeah. MR. MIGAL: And this starts to show where the heavy machinery took the vegetation out. MR. BLANCO: Quick question for the county. How did the case originate? MR. MIGAL: I can't answer that. I don't know. MS. EMBLIDGE: I can answer; that a neighbor called because he has a garage, yeah. MR. MIGAL: Another picture of the vegetation having been removed and piled in a back corner. CHAIRMAN KAUFMAN: Can I -- I know you can't answer this, but I'll ask it anyhow. Do you have any idea of how September 22, 2022 Page 45 much -- is it an acre that's been cleared, half an acre? MR. MIGAL: It's about -- I believe the environmental determination has a number of .55 acres. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'll pull that up as soon as we get done with the pictures here. CHAIRMAN KAUFMAN: Okay. Because the rule is if you have a building permit, you can clear up to one acre. MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: Is there a building permit on the property? MR. MIGAL: There is, and this would have been additional .55, as noted in the environmental. MR. LETOURNEAU: Yeah. They've got a house on there. They had the original acre, and now they're .55 above what they're allowed to have at this point. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And these are yesterday -- Rick's yesterday's pictures, right? MR. MIGAL: Correct. MR. LETOURNEAU: And then I'm going to pop the environmental determination. MR. MIGAL: I guess I mistook. That says .85. No, that's the total amount. That's right. CHAIRMAN KAUFMAN: So the property is two-and-a-half acres, more or less. What has been cleared is -- I'm a little confused. MR. LETOURNEAU: So what they're saying on this determination is that, I believe, above and beyond the original acre, and from their calculations from the aerials, .85 more acres were cleared on top of the original one acre. September 22, 2022 Page 46 CHAIRMAN KAUFMAN: Okay. I understand. MR. LETOURNEAU: I think Rick was just -- you know, had said .55, but it's actually .85. MR. MIGAL: Sorry. CHAIRMAN KAUFMAN: Was there a clearing permit issued on this property? MR. MIGAL: No, there was not. CHAIRMAN KAUFMAN: Okay. So that's -- if I -- that's the -- that's what this case is about. It was -- MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: They cleared more than they were able to clear without a permit. Okay. MR. LETOURNEAU: So what happens is the environmental person that makes that determination would look at the 2022 map and the 2021 and see what was cleared, and they would do calculations based on the aerials. CHAIRMAN KAUFMAN: And as I understand it, if you did it without heavy equipment, you could get away with certain things, but if you use heavy equipment, you need a permit. MR. LETOURNEAU: Well, you need a permit -- if you're removing exotics and you're using hand tools, you don't need a permit. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: But this was above and beyond exotics. This was removing native vegetation and everything else. CHAIRMAN KAUFMAN: Okay. I understand. Okay. Anything else, Rick? MR. MIGAL: No. CHAIRMAN KAUFMAN: Are we done with the pictures, Jeff? September 22, 2022 Page 47 MR. LETOURNEAU: We are done with the pictures, yes, sir. CHAIRMAN KAUFMAN: Anything else, Rick? MR. MIGAL: No. CHAIRMAN KAUFMAN: Okay, young lady -- MS. EMBLIDGE: Hi. CHAIRMAN KAUFMAN: -- you're on. MS. EMBLIDGE: Okay. First of all, I'm very sorry. My husband did that, okay. I admit, I work in insurance. I'm a business owner. I provide jobs here in the community. And he was -- he has a screen enclosure business, but he was going to buy a dump truck. So he -- so I actually own a home in Golden Gate City, but I know you can't park a dump truck, so we needed a big -- by the way, the house that gentleman was just in, I almost bought it, and I'm glad I didn't because of that thing. But because the driveway, it would be too narrow for his dump truck, so that's why we didn't buy the house on White Boulevard. So this one is bigger. And I have a good relationship with my ex-husband, Chris Emblidge. I'm Mary Emblidge. And he used to be a senior ecologist/biologist for Passarella & Associates. And I ask him -- I did not hire -- I did not pay an environmental, to say, hey, you know, Richard, we're going to buy a dump truck, when I bought the house, and he's going to go -- you saw the driveway, right? You think -- you know, so he can go -- because I don't want the dump truck to show from the yard. You know, it's a nice house. I kept this other house. You know, I have my father and my brother right now there. And I want the dump truck in the back. So I said, well, you're going to need to cut some -- as you can see there -- so the dump truck can just turn around and be September 22, 2022 Page 48 there rather than just backing up. So I said, okay. But I never told my husband to do this. And this has caused strain in my -- I'm a Christian, married, not legally married, so in case you see "single," because when we took the license, it expired on our wedding. We didn't realize, so -- but our pastor marries us, okay. So in case it shows single, I am Christian married. But anyway -- and I just had an accident, so -- what was I saying? I was in an accident. I was rear-ended August 24. I'm actually going to a lot of therapies. This has caused a lot of strain on me. Oh, okay. So we knew we had to cut some -- some trees, and my husband, I hate to say this, but he's Cuban, and he doesn't know the laws. I know the laws. I've been here in this country over 35 years. I came when I was 12. And he hired this company, some Cubans, friends of his, and they cut. But they knew they only could cut some, so they knew. Supposedly, they knew, and they didn't cut the natives. It was the ones that the water plant -- I can't think. Oh, my gosh. You can cut those, because my ex-husband had said you can cut those. So they knew. So we thought we were okay. However, he cut it without my knowledge. He just said, oh, honey, FaceTime me, look. I said, what are you doing? First -- oh, and, by the way, I have an eviction form, because when I bought the home in March -- was it March or April, I'm sorry. Normally I'm not like this. I can't remember. I had a tenant, and the tenant lease expired in May, but she wouldn't move out. So this is why this case is taking so long, because I couldn't go in this property because she wouldn't leave. And we had to evict her. I had to pay an attorney. Finally September 22, 2022 Page 49 they evict her at the beginning of November. So I took possession end of November. Around Christmastime we move everything. So it's not like I'm dragging this so long, because I did apply for a permit. I have paid my fees for a permit. And obviously, January -- oh, and my husband bought that dump truck in December because we had, you know, finally moved there in January. I have the pictures coming from 75. He had a horrible accident on his dump truck, horrible accident. It costs us 22,000 to fix the truck we bought for 40,000, and he was very hurt. So this has cost so much; however, when I would call and I wanted to move forward -- I have paid for -- what's it called? CHAIRMAN KAUFMAN: Let me make this easier for you. MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: Okay. As in the other two cases -- MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: -- the first thing we have to find out is if there's a violation or not, okay. Based on what Rick has shown as far as how much property has been cleared, et cetera, it appears that there probably is a violation, but that's up to a motion from the Board. Anybody want to make a motion? MR. AYASUN: There is a violation. CHAIRMAN KAUFMAN: Okay. We have a motion that there is -- a violation exists. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. September 22, 2022 Page 50 MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: (Absent.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So there's a violation, and to bring this thing into compliance is going to take probably a building permit; am I correct? MR. MIGAL: Well, that or restoration. She's been vacillating as to whether she wants to build a barn for the dump truck or a guesthouse. CHAIRMAN KAUFMAN: But that would be up to the respondent. MR. MIGAL: Correct. That would require a permit. CHAIRMAN KAUFMAN: There has to be some activity to bring this into compliance, whether you have to plant a few more trees or whatever. So having said that, you understand -- MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: -- we're trying to make this as painless as possible. MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: Do you have a suggestion for us, Rick? MR. MIGAL: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: September 22, 2022 Page 51 Number 1, obtaining all required Collier County approved mitigation plans, building permits, inspections, and certificates of completion/occupancy to either keep the unpermitted clearing of the property or to restore the property to its originally permitted condition within blank number of days of this hearing, or a fine of blank number of dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So what Rick has described is you have two choices. You can do this, or you can do that. MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: And it's going to take you some amount of time to do that. I have no idea how much time it takes or what has to be done. I leave that to you. The Board will fill in the blanks on this as to how many days we would give you to come into compliance and, as I mentioned to the last case, if you can't meet it by that time and you have to come back and ask for more time for whatever reason, that's certainly on the table. So would anybody like to make a fill-in-the-blank type deal? MS. RUIZ: Not this time. CHAIRMAN KAUFMAN: Okay. I'll do it. I'm going to give you -- my motion is to provide 180 days, six months, to September 22, 2022 Page 52 bring this into compliance or $100-a-day fine after that. I think that's generous. I think that you should be able to meet that, and that's my motion. Do I have a second? MS. ELROD: I'll second. MR. WHITE: Operational costs? MS. RUIZ: Second that. CHAIRMAN KAUFMAN: We have a second. Operational costs of 59.28 to be paid within 30 days. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Yes, ma'am. MS. EMBLIDGE: May I have a question, please -- CHAIRMAN KAUFMAN: Sure. MS. EMBLIDGE: -- Honorable Chairman? Yes, we cut some -- yes, he did that. Okay. Now, I have tried to get -- I've gotten four estimates to get a guesthouse. Oh, actually, I even paid $3,000 on November 11th, 2021, to do, like, a carport, right, that we're going to get a permit that I applied for, but because now I don't know -- the guy's not returning my calls for a couple months, I don't know, maybe I lost this $3,000. But my question is this -- because this is costing me -- we have filled so much. I already have the survey. We have filled, I want to say, 6,000 of dirt, you know, to lift it to do the carport. It's already costing me close to 8- to maybe 10,000 with the surveys and all of that. Now I feel like -- do I have to build the garage to justify that? Because -- for what I talked to so many -- CHAIRMAN KAUFMAN: Let me stop you there. MS. EMBLIDGE: Yes. What do I have to do? CHAIRMAN KAUFMAN: What you have to do is what you have to do. We don't determine that. You need to work with -- MS. EMBLIDGE: Okay. September 22, 2022 Page 53 CHAIRMAN KAUFMAN: -- the officer. But let's -- let us vote on the motion first to see where we are. So we have a motion. MS. EMBLIDGE: Okay. Sorry. CHAIRMAN KAUFMAN: And it's been seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, I would suggest one of two ways. Rick can probably help you -- guide you down the path to doing this or doing that, whatever it comes out to be, okay. MS. EMBLIDGE: Okay. CHAIRMAN KAUFMAN: So the details of what you've done -- MS. EMBLIDGE: I see. CHAIRMAN KAUFMAN: -- and what you've paid, we can't help you with that here, okay? MS. EMBLIDGE: Sure. CHAIRMAN KAUFMAN: So I hope that -- you should be satisfied that we're giving you six months to come into compliance. MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: Go ahead. September 22, 2022 Page 54 MS. EMBLIDGE: Yes, and I am, and I thank you for your kindness. But every time I go to the Collier County -- I don't -- I'm not a complainer. I'm really not. But I ask for help. I feel frustrated, and I don't want to print all the emails I've sent back and forth and no response. So I just want your advice. The reason I wanted to come here, because he keeps telling me for months, I'm going to send you. I said, please do so, because I want to be here to tell you I know it was a mistake. I have pictures of so many of my neighbors is clear, but everybody's case is different, I know. You know, and a good friend mine, she's a doctor. She cleared her back. She's on DeSoto, you know, between Wilson and Collier Boulevard -- MR. FUENTES: Ma'am, I'm sorry to interrupt. MS. EMBLIDGE: Yes. MR. FUENTES: Let's -- we do have to keep the agenda moving. We've already made a motion. The best advice I can give you is talk to your investigator. Ricky's pretty knowledgeable. He can guide you through the process. Your next option could be Jeff Letourneau. He loves dealing with things like this. Definitely a great point of contact. MS. EMBLIDGE: Okay. All right. MR. FUENTES: Thank you. MS. EMBLIDGE: My question. Honorable Chairman, you're so kind, Kaufman. If in six months I don't have that enough time, can I ask -- because again -- CHAIRMAN KAUFMAN: Before the six months -- MS. EMBLIDGE: -- I can come back. CHAIRMAN KAUFMAN: -- as our attorney has said, come back five months from now -- MS. EMBLIDGE: Perfect. CHAIRMAN KAUFMAN: -- and say, I have done, but September 22, 2022 Page 55 you need to show us -- MS. EMBLIDGE: Of course. CHAIRMAN KAUFMAN: -- you've done stuff. MS. EMBLIDGE: Thank you so much. CHAIRMAN KAUFMAN: Jeff gave you his card. He's available 24 hours a day. Is that right, Jeff? MS. EMBLIDGE: I'm going to hold you to it. CHAIRMAN KAUFMAN: Thank you. MS. EMBLIDGE: Thank you very much. CHAIRMAN KAUFMAN: Okay. I saw that look you gave me, Terri. Okay. We need to squeeze one more in here before 10:30, and that's our breaktime. MS. BUCHILLON: Okay. We're going to go to old business, motion for imposition of fines. Actually, we're going to bring up No. 4, Bayshore Suites, LLC, CESD20210011573. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. MR. ALLEN: I do. CHAIRMAN KAUFMAN: Give me one minute, please. MR. JOHNSON: Sure. CHAIRMAN KAUFMAN: Okay, John, do you want to go first, or do you want us to listen to the respondent? First of all, could you state your name on the microphone for us, please. MR. ALLEN: Yes, good morning. Attorney Todd Allen on behalf of Bayshore Suites, LLC. CHAIRMAN KAUFMAN: And I'm sure you have their permission to speak in their behalf? September 22, 2022 Page 56 MR. ALLEN: I do. Thank you. CHAIRMAN KAUFMAN: What a guess. Okay. MR. JOHNSON: Yes, good morning. For the record, John Johnson, Code Enforcement. I can read in the past order, and then I think he's going to ask for more time. So do you want me to do that? CHAIRMAN KAUFMAN: Yeah, why not? MR. JOHNSON: Okay. So 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. See the attached order of the Board 0R6110, PG 3953, for more information. The violation has not been abated as of September 22nd, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from July 23rd, 2022, to September 22nd, 2022, 62 days, for a total fine amount of $12,400. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.35. Total amount: $12,459.35. CHAIRMAN KAUFMAN: Okay. Sir. MR. ALLEN: Yes, thank you. I'm here on behalf of my client to request additional time in order to cure the violation. She's had some deaths in the family. That's why I'm here today instead of her being here. The bigger problems she's had is securing a contractor to do the work. It's a relatively small job, and finding a contractor to do the work and to obtain the permitting has created an issue for her to come into September 22, 2022 Page 57 compliance. What I'm here asking the Board to do today is to give her an additional six months before the fines are imposed to allow her to come into compliance, and then we'll come back and address the fines. CHAIRMAN KAUFMAN: What's the scope of work that needs to be done on this? MR. JOHNSON: There's two areas inside a -- there's a multifamily dwelling. Inside one of the units there was a major tearout going on, including Sheetrock, plumbing, electric, and so on. CHAIRMAN KAUFMAN: Without a permit? MR. JOHNSON: Without a permit. And then the building next door, which I think may be a single-family building, there was some exterior modifications, and it was questionable whether it was cosmetic or structural, and the Building Department determined that it did require a permit. So what Mr. Allen is saying is when they bring -- and I've seen it. When they bring a contractor out there, they look at these two relatively small jobs and say, someone else needs to do this. You know what I mean? They're not big jobs, but they require permits. CHAIRMAN KAUFMAN: Okay. This is going back to March. MR. JOHNSON: Yes. CHAIRMAN KAUFMAN: So what's been done in five months? MR. ALLEN: Well, she's been trying to obtain a contractor. She's had several come out to do it. She's had -- as far as I know, retained one who contacted the county to try and get the -- find out what drawings were needed, and then that fell apart, and now she's got appointments with new contractors when September 22, 2022 Page 58 she's back in town to start this process over again. CHAIRMAN KAUFMAN: So she doesn't live here locally? MR. ALLEN: She lives here locally but, due to the death in the family, she's out of the country. That's why I'm here today. CHAIRMAN KAUFMAN: I mean, this is just going on and on. MR. WHITE: Just a point of clarification -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- so that the respondent's agent's aware, the fines did begin to accrue July 23rd. So what you're looking for is a continuation of time to be able to abate but, if that's granted by the Board, the fines typically still would continue to accrue. MR. ALLEN: I'm aware of that. I understand. CHAIRMAN KAUFMAN: Okay. Well, I think that six months is absolutely out of line. I would not vote for anything that granted six months, not on top of five months that's already happened. Anybody -- discussion from the Board on this? MR. FUENTES: We have no progress. I guess, personally, I'm not a fan of any continuance. CHAIRMAN KAUFMAN: Okay. That's one person. MR. FUENTES: I just feel like some effort should be made, especially after so many months. MR. ALLEN: Sure. MR. FUENTES: Sometimes I just feel like we'd be taken advantage of if we were to grant, even if it was four to five months, personally. MS. ELROD: But she has been working, trying to get contractors. She's had them out, and then they decline the jobs. MR. FUENTES: I think that if we had something more September 22, 2022 Page 59 substantial to rely that, you know, evidence on, I could agree. I work regularly in the construction business, and I don't have any problems having contractors come out for small jobs. And I personally haven't experienced that yet, not for that. MR. ALLEN: Could I request 60 days, and then if we're not able to come -- get it done within 60 days, I could come back to the Board with documentation showing the efforts that have been made to show that we're trying to get this abated in good faith? CHAIRMAN KAUFMAN: Well, I think that's -- that is somewhat of a solution. Had you shown up today with some documentation, not that I've been trying -- MR. ALLEN: No, I understand. CHAIRMAN KAUFMAN: Okay. I've been trying to become a multimillionaire for a long time, and it doesn't seem to have worked out yet. MR. WHITE: Mr. Allen and I are trying to get paid for our service on the Contractor Licensing Board as well. MR. ALLEN: Yes. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to grant the 60 days. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. September 22, 2022 Page 60 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sixty days. MR. ALLEN: Thank you. I appreciate it. CHAIRMAN KAUFMAN: Come back with something in your hand. MR. ALLEN: We will, thank you. CHAIRMAN KAUFMAN: It might be a check. MS. BUCHILLON: Mr. Kaufman, before we go on break, can we do one more case? A gentleman has an 11:15 doctor's appointment. It's abated, an imposition of fines. CHAIRMAN KAUFMAN: No. Oh, yes, of course. If it's okay with Terri. THE COURT REPORTER: (Nods head.) MS. BUCHILLON: Okay. Number 1, CESD20210000240, Parrots in Paradise Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. MR. WHITSELL: Yes. MS. PATTERSON: Good morning. For the record, Sherry Patterson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning. You want to read this into the record for us? MS. PATTERSON: Yes. 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 September 22, 2022 Page 61 violation. See the attached order of the Board OR6045, Page 1331, for more information. On May 26th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of July 15th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from April 28th, 2022, to July 15th, 2022, 79 days, for a total fine amount of $15,800. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.42, for the total amount of $15,859.42. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please. MR. WHITSELL: Kent Whitsell. CHAIRMAN KAUFMAN: Okay. And -- MR. WHITSELL: This all started, let's call it, in 1976 when the house was originally built. I was not the owner, and the designation on the drawings that are in your department had the rear Florida room, true Florida room from 1976, as a covered porch, not an enclosed porch. Difference being an enclosed porch had the 3-foot stem wall, the jalousied windows that everybody's familiar with as a Florida room. During the 2003 hurricane, the owner of the property at the time, the windows, the jalousied windows were damaged. She didn't have the money to repair them, and so she put up T-11 [sic] to protect the windows and future water intrusion into the Florida room. I purchased the home in 2015, not knowing that there was any problems. Well, there wasn't any problems, at least I thought so. A neighbor complained that this was an unpermitted September 22, 2022 Page 62 room. And it was a permitted room, but the designation was, again, covered porch versus uncovered porch. I hired two different engineering firms to go through all the stuff that they do before I found somebody that could actually do it again, because of a small job, and they came out and literally took the T-11 off, took pictures of it, submitted it, and they said -- the inspector who came out and finally approved it said, this should have never been even a code enforcement. All you did was put T-11 up to protect windows. I would like hopefully to be able to -- I've since sold the home. My tenant died four months ago, and the -- I'd like to see if I can get some relief on the fines. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Would it be possible for you to tell us some of the costs you've had to incur to correct the violation, whether there may be a financial hardship to you if the fine is imposed, and anything else you think that might include a mitigating factor to reduce the fines. MR. WHITSELL: The engineer billed me 48 -- I think it was 4,875 -- $4,875 to do the work. He probably spent 30 or 40 hours on it. I knew I had to get it done. And not being able to find anybody else, I sort of, you know, had to do it. He did submit all the paperwork and, again, the permit was granted. And they, again, the comment that I received was, this was nothing more than shutter protection. I didn't realize that the fines -- when I asked for an extension, I didn't realize that the fines were accruing. I thought the extension to finish the complete inspection was -- extended the period before a fine would be imposed. CHAIRMAN KAUFMAN: Yeah. On May 26th it was a continuance, not an extension. September 22, 2022 Page 63 MR. WHITSELL: Yeah, I didn't understand the difference at the time, or I would have requested that. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Chairman, I would like to make a motion. CHAIRMAN KAUFMAN: Yes. MR. BLANCO: I'll make a motion to deny the county's request for imposition of fines but have the respondent pay the operational costs for today's hearing in the amount of $59.42 within 90 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a second. All those in favor? MR. BLANCO: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Okay. That's -- I think it's denied. Anybody want to -- MR. FUENTES: I'd like to make a motion that he does pay the fines [sic] for today and he pays, as well, $500 for the overall case. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. MR. WHITE: Point of order, Mr. Chairman. CHAIRMAN KAUFMAN: That's a -- September 22, 2022 Page 64 MR. WHITE: We're going to talk about this at the workshop in great detail. I believe that the prior motion was one that you have jurisdiction and authority to be able to make. I do not believe that in this instance partially reducing and imposing the fine is something that -- under the current rules and state statute, is something I'm comfortable continuing to issue orders for your signature. And the reason is, you have the authority to impose the fine, or you have the authority to deny it. I don't know how you can split the baby. And I understand that there's been a desire to do so. We have done so in prior cases. But I've been awaiting the opportunity that we hopefully will have this afternoon to have a more detailed discussion about why that is challenging to do. And so, although I don't get a vote here, I do have to advise you that I believe the prior motion was one that we could support legally if it was challenged. I'm not sure that's the case if this motion goes forward and is approved. CHAIRMAN KAUFMAN: Well, as I understand the motion that was made, it's reducing the amount of fine by over $15,000. MR. WHITE: However, all you have today is an untimely, quote-unquote, motion for reduction and abatement of fine from the respondent at the podium. That puts a procedural problem in my lap in the sense that what was on the agenda was a motion for imposition of fine. There was never anything in the record as a filed motion for a reduction or abatement. You have the testimony, and that's why I asked the gentleman to explain what financial hardship he may have had, what costs were incurred and whether -- you know, what your rules tell you you're supposed to consider had been fairly presented to you as evidence for you to weigh. And that's why I believe the prior motion is one that September 22, 2022 Page 65 could be supported just because of the evidence. As soon as you try to reduce it, you're effectively trying to entertain an untimely motion for reduction or abatement for reduction, and I don't believe that that's something we can continue to draft orders for that split the baby. MR. RUBENSTEIN: Question: Doesn't it state in our rules that if a person wants the fines abated, that they have to submit in writing? MR. WHITE: That is exactly what I just said, Mr. Rubenstein. MR. RUBENSTEIN: Okay. So we haven't received anything in writing? MR. WHITE: That's correct. And, therefore, all that's before you is county's request to impose. And you have two choices. You deny it or you grant it. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Well, I disagree with you. MR. WHITE: That's fine. I'm only advising you. CHAIRMAN KAUFMAN: Okay. MR. WHITE: You don't pay me to make the decision. You only pay me to advise you. MR. BLANCO: You're getting paid? CHAIRMAN KAUFMAN: I don't pay you at all. MR. WHITE: Shocking, isn't it? CHAIRMAN KAUFMAN: Jeff, do you have any comment on this? You know what we've done over the past 20 years. MR. LETOURNEAU: I think that if I was members of this board, I would listen to my attorney that's paid to advise you. That would be my opinion at this point. MR. WHITSELL: Could I ask what the vote was on the original? September 22, 2022 Page 66 CHAIRMAN KAUFMAN: I think it was two for and five against. So two and five. This one was five and two. MR. AYASUN: I think we made a decision. We took a vote on it. If there is any argument about it, we are operating under -- MR. WHITE: I'm sorry, sir. I can't hear you. Could you be closer to the microphone, please. MR. AYASUN: I think we make a motion. We had a second. We voted yes for this. I think we are operating under the rules we know as now. We haven't had our meeting yet that you're mentioning. I think the vote should stand. And if the defendant would like to challenge it, he can. He has a way to do that. MR. WHITE: He is a respondent. This is not a criminal matter. MR. AYASUN: Respondent has a right to challenge our decision. MR. WHITE: That's absolutely true. MR. RUBENSTEIN: I have a question for the Chairman. CHAIRMAN KAUFMAN: It's not criminal. But go ahead. MR. RUBENSTEIN: I have a question for you. It shows under C that the respondent has had previous violations, and has been -- has appeared before this board in the past. So I would assume that he's familiar with how this board operates. MR. WHITSELL: I have not -- this is the second time I've been before it. The first time was in May, and this is the -- MR. BLANCO: Just because it had previous code enforcement cases doesn't mean that it got to the point that it came before the Board. MR. RUBENSTEIN: You're saying from the original? September 22, 2022 Page 67 MR. BLANCO: It was probably cases that were resolved voluntarily or he came into compliance. It did not get -- MR. RUBENSTEIN: On the same case, or a different case? MR. BLANCO: Different case. MR. WHITSELL: What it was that I had a tenant in there that I had garbage cans, and he built a privacy fence so he couldn't see the garbage cans from the neighbor or street, and he didn't get a permit for it, so he took it down. MR. RUBENSTEIN: All right. MS. RUIZ: Mr. Chairman? MR. RUBENSTEIN: Call the motion, Mr. Chairman. CHAIRMAN KAUFMAN: We have a motion. It's passed. MR. WHITE: I believe that Mr. Rubenstein's asked you to restate what the motion is that apparently has been approved. CHAIRMAN KAUFMAN: I believe what Mr. Rubenstein [sic] has stated is the operational costs for today will be 59.42 to be paid within 90 days, and the entire fine will be abated except for $500; is that correct? MR. WHITE: And the time frame to pay that? MR. WHITSELL: I'll pay it as soon as I can. MR. WHITE: I understand. MR. FUENTES: Give him 90 days. CHAIRMAN KAUFMAN: Ninety days. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: That's from the motion maker, and the second agrees. Okay. MR. WHITE: Does the rest of the Board agree? CHAIRMAN KAUFMAN: Okay. Your fines have been reduced by $15,300. September 22, 2022 Page 68 MR. WHITSELL: And do I pay that -- CHAIRMAN KAUFMAN: Just give me a check in the hallway. No. MR. WHITSELL: Cash? Is that something I pay down -- MR. WHITE: Yes, Horseshoe. MR. WHITSELL: Okay. CHAIRMAN KAUFMAN: Okay. MR. WHITSELL: And when will I -- CHAIRMAN KAUFMAN: Check with the officer, and she'll point you in the right direction. MR. WHITSELL: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you, sir. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: We're going to take a break now for 10 minutes for the court reporter. We are at break. (A brief recess was had from 10:40 a.m. to 10:58 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Helen, what's up next? MS. BUCHILLON: Next case under motion for imposition of fines, No. 2, CESD20210007663, Kevin J. McCloskey and Carolyn McCloskey. 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. McCLOSKEY: I do. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: It is still morning. Do you want to read this into the record for us, please? September 22, 2022 Page 69 MR. MARINOS: Absolutely. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. Past orders: On February 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 been abated as of August 4th, 2022. Fines have accrued at the rate of $150 per day for the period of May 26th, 2022, to August 4th, 2022, 71 days, for a total fine amount of $10,650. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing is 59.49. Total amount of $10,709.49. For mitigating factors, the gravity of the violation was low. Mr. McCloskey did submit multiple permits and make proactive attempts to abate the violation. Multiple things happened. Previous violations by the respondent: There are none. And no other relevant factors to mention right now. CHAIRMAN KAUFMAN: Okay. Sir, could you give us your name on the microphone for us, please. MR. McCLOSKEY: Yes. My name is Kevin McCloskey. CHAIRMAN KAUFMAN: Okay. Do you have anything to say? MR. McCLOSKEY: Just to further elaborate on the background. This is a problem that I purchased. The violating effect was done by the previous homeowner. I wasn't aware of it when I purchased the property. It was only after I purchased the property the neighbor decided to submit a code claim, violation claim. So I dealt with that as best I could as quickly as I could. As mentioned, I unsuccessfully tried to navigate the permitting September 22, 2022 Page 70 process, and then in the order of -- for the sake of expediency, decided to put that aside and just remove all of -- the installed gate and equipment that was the cause of the violation. I didn't have the equipment or the ability to remove that myself, so I had to hire somebody to do that. I called five contractors. Three replied. Two showed up. One was interested in doing it. He tried to remove a masonry structure by backing his truck into it repeatedly. I had to stop him midcourse, send him on his way. Eventually had the company that installed my generator do this work for me as a favor. So I eventually got it done, but I couldn't do it myself, and that was the primary reason for delay. So I personally incurred about $600 in removing everything, and then -- now that the violation has been -- the violating gate and whatnot has been removed, it will probably cost me about an estimated $7,000 to reinstall everything with the proper permitting process. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make a motion to deny the county their imposition of fines; however, that you do pay the operational costs for today of $59.28. MR. BLANCO: Second. MR. WHITE: Forty-two. MR. FUENTES: Oh, sorry, 42. MR. MARINOS: It's 59.49 is the operational costs for today. MR. FUENTES: That's the one. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. BLANCO: Aye. September 22, 2022 Page 71 CHAIRMAN KAUFMAN: Okay. 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. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. WHITE: Time frame? CHAIRMAN KAUFMAN: Thirty days for the -- okay. MR. McCLOSKEY: Very good. CHAIRMAN KAUFMAN: Okay. Thank you. MR. McCLOSKEY: Thank you. MR. MARTINEZ: Thank you. MS. BUCHILLON: Next case, No. 6, CESD20190008029, Claudel Victor and Altagrace Talleybrand. 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. TALLEYBRAND: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. TALLEYBRAND: Altagrace Talleybrand. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: Good morning. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On October 25th of 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The September 22, 2022 Page 72 respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board OR5696, Page 3426, for more information. The violation has been abated as of August 26th of 2022. Fines and cost to date are as follows: Fines have accrued at a rate of $100 per day for the period from February 23rd, 2020, to August 26th, 2022, for 916 days, for a total fine amount of $91,600. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.42, for a total fine amount of $91,659.42. MS. TALLEYBRAND: May I say something? CHAIRMAN KAUFMAN: Of course. MS. TALLEYBRAND: Yes. I have too much problem. That's why the job did not get done. I have problem in my leg. I have seven kids to take care of. Only me. I don't have any husband, you know. I have to hire somebody to work to pay. Sometimes I have to call off on my job because I have knee problem. That's the problem. I have seven kids. Only me. No husband to take care of all of those kids. That's the problem I have. CHAIRMAN KAUFMAN: Okay. MS. TALLEYBRAND: I have knee problem, you know. The money -- it's not easy for me to get the money. MR. WHITE: Would you be able to pay $91,659.42 anytime soon? MS. TALLEYBRAND: No, I don't have nothing. MR. BLANCO: Mr. Chairman, I would like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I make a motion to deny the county's September 22, 2022 Page 73 request for imposition of fines and have the respondent pay operational costs in the amount of $59.42 within 30 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: No. MS. RUIZ: No. MR. FUENTES: No. CHAIRMAN KAUFMAN: How many nos do we have? Hands? One, two -- I can't see Kathy. MR. FUENTES: No, she said no, but I don't think she heard you [sic]. CHAIRMAN KAUFMAN: I said hands. So your vote, Kathy, is what? MS. ELROD: I made the motion. CHAIRMAN KAUFMAN: Okay. So you're voting for your motion? MS. ELROD: Correct. CHAIRMAN KAUFMAN: So it's one, two, three against, one, two, three -- MS. ELROD: I'm for my motion. MR. WHITE: The motion carries. MR. FUENTES: Yeah, we lost. It's okay. 4-3. September 22, 2022 Page 74 CHAIRMAN KAUFMAN: Okay. I was counting up the people. MR. WHITE: I used my fingers. Okay. So the motion failed. CHAIRMAN KAUFMAN: Anybody want to try for another one? MR. WHITE: Mr. Chairman, the motion passed 4-3. CHAIRMAN KAUFMAN: I'm sorry. Deny the county's ability to collect, one, two, three. MR. FUENTES: Four. CHAIRMAN KAUFMAN: Oh, gotcha. Okay. MR. WHITE: Thank you. MR. FUENTES: You need some water? CHAIRMAN KAUFMAN: Okay. The fines have been eliminated except for $59.42. MS. TALLEYBRAND: Thank you, all of you. God bless you. I love you. Thank you very much for your help. MR. FUENTES: I love you, too. MR. AYASUN: Bless you, too. MS. BUCHILLON: Next case, No. 10, 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. JOHNSON: I do. MS. PURDY: I do. CHAIRMAN KAUFMAN: Okay. John, you want to read this into the record for us? MR. JOHNSON: Yes, sir. For the record, John Johnson, Code Enforcement. Past orders: On January 24th, 2020, the Code Enforcement September 22, 2022 Page 75 Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5749, PG3393, for more information. The violation has been abated as of August 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 August 28th, 2022, 887 days, for a total fine amount of $221,750. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.28. Total amount: $221,809.28. The gravity of the violation is really none. The violation has been abated. The actions taken by the violator, complete demolition and removal of all structures on the parcel. The parcel's now clear. There were no previous violations committed by this respondent, and no other relevant factors that I'm aware of. CHAIRMAN KAUFMAN: Okay. My only question is, what took so long? MS. PURDY: It was a nightmare, without going into any stories. But I do want to ask the Board to please deny the county's request to impose all the fines. We had COVID for two years. That was a nightmare. And I live two hours away. But as John said, we've completed the project. It's done. We're -- you know, it cost probably 25- to $35,000 just to do the project. CHAIRMAN KAUFMAN: Okay. Someone from the Board want to make a motion? MR. BLANCO: Question for the county: Was there any health safety concern with this at all throughout this whole time or -- September 22, 2022 Page 76 MR. JOHNSON: Not really, because the -- well, there was a roof overhang, and -- that was declared dangerous that they took away right away. But they happened to have pulled the wrong permit for that. They pulled a complete demolition permit rather than a partial. So they had to go back and redo the permits, and then she decided to demo the entire mobile, so then there was nobody living there. So there's really no health safety issues during this thing. So there were some permitting issues that -- you know, we talk about the county -- you know, the Building Department will extend a permit, and so the owner thinks that, you know -- and not rightfully so, but thinks, oh, well, that must extend my time to come into compliance, and it really doesn't. So there was some communications -- and I'll take some responsibility for that as well because, you know, again, one part of the county is saying you've got to be in compliance by a certain time, and another part of the county's saying, well, you have this amount of time to get the work done. So it was a perfect storm but, no, there were no health safety. MR. BLANCO: I'll make a motion to deny the county's request for imposition of fines and have the respondent pay operational costs for today's hearing in the amount of $59.28 within 30 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Did you want to put -- since he said he has some responsibility, do you want to put -- fine John? No. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. September 22, 2022 Page 77 MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. MS. RUIZ: No. CHAIRMAN KAUFMAN: Okay. We have one no. The rest ayes. MR. RUBENSTEIN: No. CHAIRMAN KAUFMAN: Two nos? No, no. Okay. It passes 5-2. MR. JOHNSON: Okay. Thank you. CHAIRMAN KAUFMAN: Okay, John. Thank you. MS. PURDY: Thank you. Appreciate it. CHAIRMAN KAUFMAN: Thank you. MR. WHITE: Good luck. CHAIRMAN KAUFMAN: Thank you very much. MS. BUCHILLON: Next case, No. 11, CESD20190012596, Dezilia Vital. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Creole and Creole into English to the best of your ability? MARIE VITAL: I do. 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. DEZILIA VITAL: Yes. CHAIRMAN KAUFMAN: Joe. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past order: On August 27th of 2021 the Code Enforcement Board issued a finding of fact, conclusion of law and order. The September 22, 2022 Page 78 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6034, Page 3558, for more information. The violation has not been abated as of September 22nd, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from October 27th of 2021 to September 22nd of 2022, for 331 days, for a total fine amount of $49,650. Previously assessed operational costs of $59.28 have not been paid, operational costs for today's hearing is $59.28, for a total amount to date $49,768.56. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Can I get your name? THE INTERPRETER: Marie. THE COURT REPORTER: Marie what? MARIE VITAL: Vital. M-a-r-i-e V-i-t-a-l. THE COURT REPORTER: Say that again. MARIE VITAL: M-a-r-i-e V-i-t-a-l. THE COURT REPORTER: And what's her name? DEZILIA VITAL: Dezilia. MARIE VITAL: Dezilia, D-e-z-i-l-i-a V-i-t-a-l. THE COURT REPORTER: Thank you. CHAIRMAN KAUFMAN: Okay. We're at the point now the violation has not been abated. It's over a year now. And the operational costs were not paid. Typically we don't even entertain any discussion on it since the operational costs haven't been paid. MARIE VITAL: She said she will -- she has plans to pay the operational costs today. CHAIRMAN KAUFMAN: Okay. September 22, 2022 Page 79 MR. MUCHA: And just -- this is the first time I've actually got a chance to speak to her. I don't know if we had the wrong numbers on file, but I tried for a few months to get ahold of her and never got ahold of her. I think now I have a good working number. The permit has been reactivated, and it's good through December, and I think you guys have a handful of inspections left, maybe three or four? MARIE VITAL: I believe for this it was the final inspection that was supposed to be done, and I think that didn't end up getting done, so that's why we ended up going through this. But when she got an extension, and they told her that she needed to get an architect to come and just verify that, I guess the bottom level for the bathroom is good, and once that's good, that should close off the inspection, and she'll be good to go. MR. MUCHA: Okay. MR. BLANCO: Joe, where is this property located? MR. MUCHA: It's a Habitat community. What Habitat community? I'm sorry. MARIE VITAL: Trail Ridge. It's on Collier and 41. CHAIRMAN KAUFMAN: Would the county like to pull this for a period of time since the communication has now been opened up between the respondent and the county? MR. LETOURNEAU: Yes. The county would like to withdraw this case per the Board's vote. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to modify the agenda stating that. MS. ELROD: I make a motion to withdraw. MR. BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. September 22, 2022 Page 80 MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Work together. MARIE VITAL: Okay. DEZILIA VITAL: Thank you. CHAIRMAN KAUFMAN: Get this taken care of. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you, Joe. How we doing, Helen? MS. BUCHILLON: We're good. We're all done. CHAIRMAN KAUFMAN: We're all done? MS. BUCHILLON: No. I think we have one more. I want to make sure. Hold on. One more case, which is imposition of fines, No. 12, 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. MARINO: I do. MS. BUCHILLON: I would like to put on the record that respondent was notified regular and certified mail on September 7th, 2022, and it was also posted at the property and courthouse September 8th, 2022. CHAIRMAN KAUFMAN: Okay. And I'd like to, for the record, state that the respondent is not present. September 22, 2022 Page 81 MR. BLANCO: Before we proceed, I know I recused myself with a case on this property, but is this the one that relates to the unit -- one of the rental units? MR. LETOURNEAU: No. This is the one that has to do with the islands being removed -- MR. BLANCO: Got it. MR. LETOURNEAU: -- in the parking lot. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: You might as well read this into the record first, and then I have a couple of questions. MR. MARINO: Okay. For the record, I am Joe Marino, 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. See the attached order of the Board, OR6110, Page 3943, for more information. On July 28th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has not been abated as of September 22nd, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $1,000 per day for the period from June 23rd, 2022, to September 22nd, 2022, 92 days, for a total fine amount of $92,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.49. Total amount: $92,059.49. CHAIRMAN KAUFMAN: Okay. Have you been in September 22, 2022 Page 82 contact with these folks? MR. MARINO: I personally have not. CHAIRMAN KAUFMAN: Has anybody been in contact with these folks? MR. LETOURNEAU: I do not believe so, no. But he's well aware of the violation, and he was here, I believe -- MR. WHITE: Last month. MR. LETOURNEAU: -- yeah, last month and when the order came for this particular case. MR. MARINO: I do know that last month Supervisor Chris Ambach, he did speak with him when he was here at the last hearing and told him about this one. He did review it then. But I have not personally spoken with him since then. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Chairman, can we have Helen put the notice on the record. MS. BUCHILLON: I did. MR. BLANCO: Oh, you did? MS. BUCHILLON: I did. MR. BLANCO: Sorry. CHAIRMAN KAUFMAN: Do you want to put it on the record again? MS. BUCHILLON: Of course. CHAIRMAN KAUFMAN: I'm only -- okay. Well, we have basically no choice on this other than to impose the fine. There's nobody here. Anybody want to make a motion? MR. RUBENSTEIN: I'll make the motion -- CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: -- to implement the fines of $92,059.49 plus today's cost of 59.49. September 22, 2022 Page 83 MS. RUIZ: I'll second that. CHAIRMAN KAUFMAN: To be paid within? MS. ELROD: It's already added. CHAIRMAN KAUFMAN: Give us a time frame, 60 days, 90 days, whatever. MR. RUBENSTEIN: Thirty days, fine. MR. WHITE: The way the orders are typically written, Mr. Chairman and Board Members, when the fines and costs are imposed as a total here, the 92,059.49, is that if it's not paid, it becomes ripe for lien, and so there isn't typically the need for a separate time frame for the op costs to be paid. CHAIRMAN KAUFMAN: I know. I just read the rules and regs. I believe it becomes a lien after it's either 30 or 60 days. I'm not sure. We'll find that out later on. MR. WHITE: But your orders have typically stated that, and it's a lien not just on this property, but any other property they may own in the county. CHAIRMAN KAUFMAN: All properties, right. Okay. 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. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINO: Thank you. CHAIRMAN KAUFMAN: Okay. Which brings us to -- I September 22, 2022 Page 84 think there's enough time to do the rules and regulations without a lunch break, if that's okay with Terri. Yeah, this would be the workshop. MS. BUCHILLON: We just need to close this. CHAIRMAN KAUFMAN: Okay. Someone make a motion that we adjourn. MS. ELROD: Motion to adjourn. 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: Aye. MR. AYASUN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We are adjourned. ***** September 22, 2022 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :23 a.m. CO I ENFORCEMENT BOARD ROBE 'T KAUFMAN, CHAIRMAN These minutes approved by the Board on ie761, . 07 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 85