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CEB Minutes 10/27/2022October 27, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 27, 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 Kathleen Elrod Lee Rubenstein Tarik N. Ayasun (Alternate) Zully Ruiz (Alternate) John Fuentes (Excused) Danny Blanco (Excused) Sue Curley (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board October 27, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. 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 granted 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 records 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. Now, we have a sparse crowd. If you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we start out with the roll call, Helen. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco is excused; Ms. Sue Curley is excused; Mr. John Fuentes is excused. Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Here. October 27, 2022 Page 3 MS. BUCHILLON: And Ms. Zully Ruiz? MS. RUIZ: Present. MS. BUCHILLON: Thank you. CHAIRMAN KAUFMAN: Anybody have any comments on the minutes that were sent out? (No response.) CHAIRMAN KAUFMAN: If I hear no comments, we'll approve those minutes as bulleted. Which brings us to the agenda. MS. BUCHILLON: Yes. Now, we have one stipulation, and we have some withdraws. First stipulation under public hearings, D, hearings, No. 7, CEAU20220005873, Manuel A. Rodriguez Torres and Katisleivy Calderin Hermida. Now we'll be going to the withdrawns. Under public hearings, D, hearings, No. 3, CESD20210000841, Daniel C. Phillips, has been withdrawn due to compliance efforts. Number 6, CESD20220003245, Naples Davis Boulevard, LLC, Benderson Development CO, LLC, has been withdrawn and will be rescheduled for the November hearing. Number 8, CESD20220005181, SPT Dolphin Whistlers Cove, LLC, Starwood Capital Group, has been withdrawn due to compliance efforts. Under old business, motion for imposition, No. 2, CES20210008383, Andrews Ventures, LLC, has been withdrawn due to compliance efforts. Number 3, CESD20200007975, Jessica Doyle and Marc C. Berry, has been withdrawn due to compliance efforts. Number 5, CESD20210002415, Melva Padilla and Angelica Nunez, has been withdrawn due to a family emergency. And No. 6, CESD20190014719, Ulysses Nabal Jaen, has been October 27, 2022 Page 4 withdrawn due to compliance efforts. And those are all the changes for now. CHAIRMAN KAUFMAN: Could we get a motion to accept the changes. MS. ELROD: Motion to accept. MR. AYASUN: Second. MR. RUBENSTEIN: 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. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: First case under hearings, No. 7, CEAU20220005873, Manuel A. Rodriguez Torres and Katisleivy Calderin Hermida. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. HERMIDA: I do. CHAIRMAN KAUFMAN: Could you bring that microphone down, please, so that we can hear you. There you go. And if you would, state your name on the microphone for us. MS. HERMIDA: My name is Katisleivy Calderin Hermida. CHAIRMAN KAUFMAN: Okay. Good morning. October 27, 2022 Page 5 MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us. MR. MARINOS: Yes, sir. For the record, Investigator Charles Marinos, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits and/or demolition permits, including passing all required inspections up to the issuance of the certificate of completion/occupancy for the unpermitted fence within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondents 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 owners. CHAIRMAN KAUFMAN: Okay. You understand everything as the stipulation states? MS. HERMIDA: Yes. CHAIRMAN KAUFMAN: And you can take care of this wherein 60 days? MS. HERMIDA: Yes. CHAIRMAN KAUFMAN: Okay. We need to turn up your volume. Okay. Any questions from the Board? October 27, 2022 Page 6 MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. RUBENSTEIN: I'll second. MS. RUIZ: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Charles. MR. MARINOS: Thank you. MS. HERMIDA: Thank you. CHAIRMAN KAUFMAN: Thank you, ma'am. MS. BUCHILLON: ***Next case, we're going to go to old business under B, motion for imposition of fines, No. 1, CESD20170011238, Double M Investments, LLC. MR. MACEDO: 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. MACEDO: I do. MS. McGRATH: I do. CHAIRMAN KAUFMAN: Good morning. Do you want to read this into the record for us? MR. MACEDO: Yes, sir. October 27, 2022 Page 7 Past orders: On May 24th, 2018, Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of referenced ordinance and ordered to correct violation. See attached order of the Board, OR5519, Page 3631, for more information. On September 27th, 2018, the Code Enforcement Board granted a continuance. See attached order of the Board in Documents and Images for more information. On September 26th, 2019, Code Enforcement -- Code Enforcement Board granted the extension of time. See attached order of the Board, Documents and Images, for more information. The violation has not been abated as of October 27th, 2022. Fine and costs -- fines and costs to date are as follows: Fines are accrued at a rate of $100 per day for the period of time from March 24th, 2020, to October 27th, 2022, 948 days, for a total fine amount of $94,800. Fines continue to accrue. Previously assessed operational costs, 59.63 and 59.35, have been paid. Operational costs for today's hearing is 59.70. Total amount is 94,859 with 70 cents. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Could I get your name. MR. MACEDO: Luis Macedo. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. McGRATH: Angela McGrath. I've got a little cold going on here, so pardon my -- I don't normally talk like this. CHAIRMAN KAUFMAN: I can understand you very well. MS. McGRATH: Okay, thanks. CHAIRMAN KAUFMAN: Okay. I have one question. On September 26th, 2019, an extension of time was granted. Do you recall or do you have it in the records how much time was granted? October 27, 2022 Page 8 MR. MACEDO: I do not at this time. MR. LETOURNEAU: Hold on. I can dig it up real quick. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I just have to get off of here. It was 11238. Maybe not real quick, but -- MS. McGRATH: Well, I know exactly what it was. CHAIRMAN KAUFMAN: Okay. MS. McGRATH: Okay. So I've been here probably a dozen times. This has been going on since after Hurricane Irma. So the last time I was here, the Board said if I was going forward diligently and I could show proof that I was trying to make everything right with what you're asking me, I would not be imposed any fines. So since then, I can show you over 1,500 emails, text messages, things that we've tried to do to rectify what you're asking me, but every time we do a step forward, we're two steps back because you come back with something else. So after the last time, I had to go and get an easement approval. The whole thing was, in a nutshell -- because I could have brought a suitcase full of paperwork that I've been dealing with the county since 2017, but I'm not bringing it because we don't have time for that. So I was supposed to -- I was in violation of a rear variance on a tiny house that's 288 square feet that I had the Building Department sign every inspection with engineer approval, which I did. I have over $500,000 in this little postage stamp piece of property. The only violation I had is I didn't have a certificate of occupancy because I went behind and encroached on a rear easement, which I was told was 10 feet, and since, it was 25 feet. So I'm about 3.44 -- 3 feet, 4 inches over in the back. So I'm trying to address that. I've had Marco Island Surveying that have been there 14 times. Now will not come back there anymore because they said they're being harassed, and I was being October 27, 2022 Page 9 harassed, and now they won't come back again. Then it came due that the rear setback, of which they've cashed all my checks, now I can't get it because when I went into to get it with the -- all the zoning, Jamie French, Mike Ossorio from Code Enforcement, there was about 10 of us -- Diane Lynch, who's my fourth liaison to help me put this to rest, which none of them have been any help. Everyone's quit because no one can figure out what to do with this. Then I came back and they said, oh, you encroached on an easement, a drainage easement. And I said, well, it's signed here. The inspector even told me where to put the drainage easement. I was out there that day. So I put it exactly where he said. Now they said I'm over four inches. I said, okay, well, take four inches from any property you want. I own four pieces. Take it wherever you want. I paid another $2,000, handed it to a lady in back of Horseshoe in a parking lot because it was during COVID. They cashed that check. Then they said they lost the paperwork. This has been from day one. I keep resupplying everything. Then they said, go back and get another survey because it doesn't show your Hoot system, which you made me put a $30,000 Hoot system in, which is overkill for that area, but whatever. Then they said I didn't have, like, six other things. I go back to Marco Surveying. They said, this is the last and final we're ever going to do, and we'll send a letter to the Board of County Commissioners, because this is harassment. I got another survey, it cost me $500, which looked identical from every other one they did. And in 2019 they told me it was identical, except Diane Lynch said it doesn't have 2022 on it. So, basically, what they did is they went and they took a picture of the property, they took the exact survey, and they dated it 2022. October 27, 2022 Page 10 So if someone could just tell me in lay terms, without giving me all this propaganda, excuse me, crap I know nothing about, okay, just tell me what you want from me. I've been dealing with this since the hurricane. Now we have another hurricane. And then someone goes out and posts this meeting on top of a 6-foot pile of debris from our home. How inhumane is that? Our community has been destroyed again. All my properties have been destroyed except for this little stupid tiny house, 288 square feet up on a $50,000 piling system that you made me do. So everything has been done. What do you want me to do? Because I hold Collier County partially responsible, because why would you sign every single inspection that was on there and then get down to here's your certificate of occupancy, oh, sorry, you encroached a little bit on the back. Then I'm almost done with it, almost done. Jamie French told me you need to do one thing. I did it. Then they come back and say, oh, now you have a drainage easement problem. So Diane Lynch said, you can't address that, even though you cashed my check for 2,000, and took half of it from my other property, until you pass the rear easement. Don't do anything else to that property until you pass the rear variance. So what do you want me to do? Who do I call? I mean, I'm tired of this, too. I've been dealing with this since 2017. CHAIRMAN KAUFMAN: Okay. MS. McGRATH: Okay? CHAIRMAN KAUFMAN: Patrick? MR. WHITE: Ma'am, thank you very much for that detailed response and your information. The Code Board is simply here to determine whether or not the fine gets imposed today or gives you some more time, while the fines will continue to run, for you to get this resolved. October 27, 2022 Page 11 You're the property owner. They aren't the ones who are telling you what it is that you need to do or not do relative to abating the violation. That is not my board's job. That is your job, okay. So if you want more time, my suggestion to you is to inform the Board as to how much time you believe you need and ask for it. Sound fair? MS. McGRATH: Yes, it does, and thank you for that. MR. WHITE: You're very welcome, Ms. McGrath. MS. McGRATH: They said as long as I'm trying to rectify this I wouldn't have any fines imposed. But I don't know how in the world they expect me to go through -- and they tell me, don't do this and don't do that, because we have to do this lawyer thing in the rear variance, so don't do anything else. So it's not like I haven't been trying. Fifteen hundred emails and text messages, and you've cashed all my checks. So I think -- MR. WHITE: Ma'am, do you need more time? MS. McGRATH: Yes -- MS. RUIZ: I have a question, Mr. Chairman. MS. McGRATH: -- but I don't know how much more time I'm going to need, because I've been doing everything they tell me to do. So 90 days to try to do it again? CHAIRMAN KAUFMAN: Jeff, if somebody can help the situation? MR. LETOURNEAU: Well, we do happen to have Ms. Lynch back here. I'd like to have her come up here and give us her side of the county's tale on this situation, if we could. CHAIRMAN KAUFMAN: Okay. 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. LYNCH: I do. October 27, 2022 Page 12 My name is Diane Lynch. I work for Growth Management, currently in the business center. I am currently an operations analyst and, yes, I have been helping Ms. McGrath since about October of 2019. There's some parts missing. Yes, there is a rear-variance issue that has not been -- the review has not been completed because the required clarification and corrections have not been provided. The drainage easement at four inches could have been approved administerially [sic]; however, there is an unpermitted golf lean-to that encompasses the entire drainage and goes to the property line. So that would also require a variance request, which we joined in with the rear-variance request; however, we have not received any documentation to review in reference to the side-variance request. The septic system that was put in was based on the plans that Ms. McGrath submitted to the Department of Health, and they told her what would be needed for those plans. The plans that were submitted were for a 1,200-square-foot four-bedroom home, so at that size home, that system would be needed. She is -- there was no structure on site at the time for them to compare, so that's what she submitted; that's what they approved. She's required to have a valid maintenance program on file with the Department of Health. There is a revision required to the building plans that has not been done, to include the septic system. The drainage easement, we were initially going to do a vacate/dedicate. There was some times in between where there would be months when I hadn't heard from Ms. McGrath. We were waiting for materials. I can't do anything. Staff can't do anything if we don't have materials to review. It got turned back to Code Enforcement probably September of 2020. Then somehow it made it through my right-of-way acquisitions October 27, 2022 Page 13 department where they acquired the drainage easement between two lots, and then there's also a drainage easement between her other two lots; however, between the two lots, there are unpermitted structures, which would require an easement-use agreement. That is the document that she has submitted, but she has not submitted any documentation that can be reviewed for any of her variances or the revision. I had suggested to go through the variance process before doing any revision because if the variance on the side is approved, then the revision could be for both the septic system and the golf cart garage lean-to. If it was not approved, then to wait to do the use agreement last, because then the use agreement would not be accurate because that drainage easement would not have the structure -- the unpermitted structures that they do now. CHAIRMAN KAUFMAN: Let me cut to the chase. In real simple terms, what needs to be done to bring this property into compliance? MS. LYNCH: She needs to address and submit the requirements that have been sent to her for the rear and side variance so that they can be heard by the Hearing Examiner and determine what his resulting decision is. That's a start. CHAIRMAN KAUFMAN: Okay. MS. McGRATH: Can I say something real quick? CHAIRMAN KAUFMAN: Sure. MS. McGRATH: Okay. So, Diane, yes, we've been working together, and I have documents of a thousand emails and text messages. I have kept in accordance [sic] with you. You say months you didn't hear from me? That is wrong. I have it right here on my phone and on my computer. You specifically told me, don't do anything else. American Engineering from Marco Island, who did my piling system, you said October 27, 2022 Page 14 they have to approve that lean-to structurally. You said, don't do it, because your rear variance has to be accepted. I sent you many messages saying that the Marco Surveying -- I had to beg, borrow, and steal even to get them back there, because they don't want to work with Collier County on this project anymore. So I sent you messages, I'll get them there when I can. I got them there. You got the survey, which is identical from '19. So whatever you need for the rear variance, can you just put in lay terms without sending me all of this propaganda? I don't understand it. I'd have to hire an attorney. And I specifically said to you and Renald Paul, just tell me in lay terms, what do you want me to do? You've cashed my two checks. You said the attorney had to approve it. You have the survey. What more do you want for that? Once you get that, then you said you'll address the easement, which is simple because I own both properties, four down the road. MR. LETOURNEAU: Mr. Chairman, I've got to say, this past rehashing is not getting us to the solution that we need to get at right here. CHAIRMAN KAUFMAN: I understand, and I agree with you. MR. LETOURNEAU: I would like to ask Ms. Lynch at this point, given the situation of this code case and the property, in your professional opinion, if she worked diligently at this point, how long would it take to get this matter into compliance? MS. LYNCH: She needs to work with the principal planner. She has a comment letter in reference -- CHAIRMAN KAUFMAN: Let me stop you a second. MS. McGRATH: I don't get that. CHAIRMAN KAUFMAN: The question was how much time. Without getting into the details of exactly what needs to be done, come up with a number. October 27, 2022 Page 15 MS. McGRATH: Realistically, because everybody's busy with the hurricane, I can't even find anybody. MS. RUIZ: Mr. Chairman, I have a question to clarify. MS. LYNCH: The situation is the scheduling with the Hearing Examiner. It depends on when it could be scheduled. CHAIRMAN KAUFMAN: Is it a month? Six months? Five years? MS. LYNCH: I would give it four months. CHAIRMAN KAUFMAN: Four months, okay. That's what I was looking for. MR. LETOURNEAU: Code Enforcement wouldn't be adverse to a six-month period, if that's something. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Mr. Chairman, I have a question. CHAIRMAN KAUFMAN: Yes, Lee. MR. RUBENSTEIN: I hear everything you're saying and all your paperwork trying to get it resolved, and I've got just a couple simple questions. MS. McGRATH: Okay. MR. RUBENSTEIN: You were found in violation for not getting a permit, removing a dock, a shed, and you put in a power pole without getting any permit. Was this before or after Hurricane Irma? MS. McGRATH: This was before. I paid a professional licensed company on Marco Island to put in a boatlift. Quickly, when I bought this property, I came to Collier County three times. It was supposed to be a nonconforming area. All I wanted was my motor home and my boatlift there. Then after the hurricane, all hell broke loose, Hurricane Irma, and they said, now you need a structure. I converted the shed that I had dropped off two days before the hurricane, and I converted it on pilings and made it to Florida October 27, 2022 Page 16 Building Code. So it's the first tiny house in Collier County at 288 square feet. So that answers your first question. Is there a second one? MR. RUBENSTEIN: Yeah. MS. McGRATH: Okay. MR. RUBENSTEIN: Question for the county. Did we require homeowners post Irma to get permits for demo and things like that? MR. LETOURNEAU: Of course. MR. RUBENSTEIN: Okay. All right. No more questions, sir. CHAIRMAN KAUFMAN: Zully? MS. RUIZ: Thank you, Mr. Chairman. I want to ask the staff. Based on the last survey, the as-built survey that the lady has, what are the next requirements that you have? Because it seems to me like she has done several surveys. MS. LYNCH: She has. MS. RUIZ: And we want to determine the last as-built. Based on that what else does she need to do, in simple words, just like Mr. Chairman says. MS. LYNCH: She has done several surveys. They have not been correct. MS. RUIZ: Excuse me? MS. McGRATH: The surveys have not been correct? You approved them on an email through Marco Mapping. CHAIRMAN KAUFMAN: Okay. We're going to stop right now. I think we all heard enough. I think the county's agreeable to a six-month -- MS. ELROD: Continuance. CHAIRMAN KAUFMAN: -- give you six more months to get this resolved however it is. If you need to get a lawyer involved or whatever, I think six months is -- October 27, 2022 Page 17 MS. McGRATH: Okay. CHAIRMAN KAUFMAN: -- should be sufficient time to get this resolved. I don't want to go into any more detail. MS. McGRATH: We don't have to go into any more detail. All I want is something on a piece of paper without this. You need to do -- in one sentence, do this. MR. WHITE: Ma'am, excuse me. MS. McGRATH: Yeah. I don't understand this. MR. WHITE: That is not anyone in this room's problem except yours. And if you have a difficulty understanding what the words and the paper say, you're highly recommended by me, a land-use lawyer, to hire someone like me to translate it and help you to know what the simple next steps are. MS. McGRATH: Are you available? MR. WHITE: I doubt it, because I'm representing the Board. MS. McGRATH: Okay. I will hire -- I talked to an attorney. I will go back to him, and I'll ask him. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion to grant six months on this. MR. AYASUN: Six months continuance or -- CHAIRMAN KAUFMAN: Continuance for six months. MS. ELROD: Second it. CHAIRMAN KAUFMAN: We have a motion and a second to grant a six-month continuance. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. October 27, 2022 Page 18 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have six months, however it takes to -- MS. McGRATH: Okay. I'll try my hardest. I'll hire a professional. CHAIRMAN KAUFMAN: Whatever you need to do is -- MS. McGRATH: All right. CHAIRMAN KAUFMAN: -- great. Okay. Thank you very much. MS. McGRATH: Thank you very much. CHAIRMAN KAUFMAN: Thank you. MS. McGRATH: I hope I don't see you back here again. MR. WHITE: Oh, you will. CHAIRMAN KAUFMAN: You will. MS. McGRATH: No. MR. WHITE: Yes, you will. MS. McGRATH: Okay, thank you. MR. WHITE: One way or the other. MS. BUCHILLON: We have a change to the agenda. CHAIRMAN KAUFMAN: No changes. Okay. What's the change, Helen? MS. BUCHILLON: We have two more stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1, CENA20220007437, 117 Riggs Road, LLC. The second stipulation is for No. 2, CENA20220006982, 117 Riggs Road, LLC. CHAIRMAN KAUFMAN: Okay. Which one do you want to do first? MS. BUCHILLON: Number 1, 7437. CHAIRMAN KAUFMAN: Okay. And you'll put the October 27, 2022 Page 19 stipulation up on the board. Jeff doesn't have it, so he -- 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. THOMAS: Yes, ma'am. MR. MACEDO: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation into the record for us? MR. MACEDO: Yes, sir. Good morning. Luis Macedo, 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, removing all unauthorized accumulation of litter to a site designated for final disposal or obtain all required Collier County approvals, permits, inspections, and certificate of completion, and complete the on-site use of the materials within 90 days of this hearing, or a fine of $100 will be imposed for each day the violation remains; Three, that if the respondent fails to abate the violations, the county may abate the violations using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce provisions of this agreement, and all costs of the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. What kind of litter are we talking about here? MR. MACEDO: We're talking about concrete -- I guess, disposable of concrete, telephone poles or pilings, some aluminum metals on the property. CHAIRMAN KAUFMAN: It's going to take three months to October 27, 2022 Page 20 get it removed? MR. MACEDO: Well, I believe the owner or the tenant is trying to build a barrier or -- a barrier around the property. MR. LETOURNEAU: A berm. MR. MACEDO: A berm. MR. THOMAS: Good morning, gentlemen and ladies. The property is divided into the two properties now, and I have a letter with me that the owner is going to deed the two properties as one tomorrow. He's dealing with a hurricane issue. But the issue there is the material that's there is there to build a berm around the property. This property backs up to 6L Farms, and it's very, very low there. And the only way to control the water -- because when they turn their pumps on, which they're allowed to do, I get flooded in the backside of this property. So the property's quite large. It's 100 -- excuse me, 1,800 -- excuse me, 600 feet down each side and 300 feet across. And it's basically about 900 feet of berm that needs to be built on that back corner to keep the water from taking the single-family residence out. Part of the problem with this is where the two properties were deeded separately, I wasn't allowed to work on the other piece of property because they were -- it wasn't improved. CHAIRMAN KAUFMAN: Let me keep this, again, simple. MR. THOMAS: Okay. CHAIRMAN KAUFMAN: So the stuff that you have there is not litter. It's part of what's going to be a berm? MR. THOMAS: Yes, sir. CHAIRMAN KAUFMAN: Okay. So you're going to put it in order or whatever it takes? MR. THOMAS: Yes, sir. CHAIRMAN KAUFMAN: And you need 90 days to do that? October 27, 2022 Page 21 MR. WHITE: Could the gentleman please state his name on the public record and how it is that you relate to the owner. MR. THOMAS: My name is Duane Thomas. And the owner is my next-door neighbor on Marco, and I rent the property on Riggs Road. CHAIRMAN KAUFMAN: You have his permission to testify on his behalf here? MR. THOMAS: Yes, I do. I brought a letter with me, sir. MR. WHITE: Could you submit that letter, please. And what is your neighbor's name? MR. THOMAS: Wayne Glen. MS. ELROD: We have a copy. MR. WHITE: You do? CHAIRMAN KAUFMAN: Yeah. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. So we have a stipulation. Anybody want to make a motion? MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 27, 2022 Page 22 Good luck on building your berm. MR. THOMAS: Thank you very much. MR. LETOURNEAU: We still have one more case. CHAIRMAN KAUFMAN: On this property? MR. LETOURNEAU: Well, it's the same address; however, it's two different folio numbers. One was an improved property. The other one's an unimproved property. CHAIRMAN KAUFMAN: Okay. So 1 is done. We're now up to 2. Would you like to read 2 into the record for us? (The speakers were previously duly sworn and indicated in the affirmative.) MR. MACEDO: Yes, sir. Therefore, it is agreed between the parties that the respondent shall pay operational costs into the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; removing all unauthorized accumulation of litter to a site designated for final disposal or obtain all required Collier County approvals, permits, inspections, and certificate of completion, and complete the on-site use of materials within 90 days of this hearing, or a fine of $100 will be imposed for each day the violation remains. And that if the respondent fails to abate the violation, the county may abate the violation by using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: What's the difference between this one and the previous one? MR. MACEDO: They're the same, sir. CHAIRMAN KAUFMAN: They're both the same address? MR. MACEDO: Right. But one is an unimproved and the other is improved. October 27, 2022 Page 23 MR. LETOURNEAU: But they're two different folio numbers but -- yeah, they're separate properties. I think they're going to deed them together at some point. MR. THOMAS: Tomorrow, yes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. MS. ELROD: Motion to accept. MR. RUBENSTEIN: 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. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. THOMAS: Thank you very much. CHAIRMAN KAUFMAN: Good luck on building your berm. Are we talking fast enough for you, Terri? THE COURT REPORTER: Yeah. CHAIRMAN KAUFMAN: Okay. Helen, what's up next? One? MS. BUCHILLON: One second. CHAIRMAN KAUFMAN: So you said Jeff would take care of all of that, right? MR. LETOURNEAU: I don't even know what you're talking about. I wasn't there to do it. It wasn't me. MS. BUCHILLON: Sorry about that. CHAIRMAN KAUFMAN: No problem. October 27, 2022 Page 24 MS. BUCHILLON: Okay. Next case under public hearings, D, hearings, No. 9, CESD20220001875, Juan Antonio Escalante Erazo. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Good morning. Terri will swear you in first. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: Yes. MR. PEREZ: Yes. MR. ESCALANTE: Yes. CHAIRMAN KAUFMAN: Okay. And can you state your name, each one of you, on the microphone. MR. PEREZ: My name is Kevin Perez, and I'm translating for Juan. CHAIRMAN KAUFMAN: Okay. You need to be sworn in as a translator then. 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? MR. PEREZ: I do. CHAIRMAN KAUFMAN: Okay. And your name on the record, please. MR. ESCALANTE: Juan Antonio Escalante. CHAIRMAN KAUFMAN: Okay. I'm looking at the names, and it's probably my pronunciation, Juan, that's you? MR. ESCALANTE: (Nods head.) CHAIRMAN KAUFMAN: Gotcha. Okay. The county will now present their case. MR. MARINOS: Good morning. October 27, 2022 Page 25 CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: For the record, Investigator Charles Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220001875 dealing with the violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), and 5.03.01, an unpermitted conversion of an attached garage into a living space including, but not limited to, installation of a kitchen and bathroom located at 1822 43rd Terrace Southwest, Naples, Florida, 34116; Folio 35764560000. Notice of violation was posted at this property on April 11th, 2022, at 4:11 p.m. This case was generated as a complaint on February 22nd, 2022. Initially, Supervisor Bradley Holmes was the investigator assigned to this case. Investigator Holmes referred this case to Contractors Licensing on February 23rd, 2022, to investigate possible contractor involvement. Contractor Licensing concluded their investigation on March 22nd, 2022, determining that no contractors were involved and the respondent was responsible for this scope of work done. On April 9th, 2022, Building Official Jonathan Walsh completed a determination requiring permits for two exterior structures as well as a garage conversion. A notice of violation was generated, and service was attempted on April 11th, 2022. Supervisor Holmes scheduled and conducted a site inspection on May 11th, 2022, and found that Mr. Erazo had removed the two offending exterior structures and was beginning the process of acquiring permit for the garage conversion. On May 24th, I was assigned to this case. At that time, no permit applications had been submitted for review. A standard October 27, 2022 Page 26 permit check on July 25th revealed that Mr. Erazo had submitted Permit PRFH20220630559 at that time. The respondent also stated to me that ASSA Permits and Plans had been hired -- had been hired to handle the permits. Contact with ASSA has been consistent. On August 1st, 2022, the permit was rejected, and a corrections letter was mailed. ASSA states that the corrections letter required a flooring elevation change, and they were standing by for plans and drawings. As of October 26th, Permit 0559 remains in rejected status with an expiration of January 25th, 2022. I would now like to present evidence in the following exhibits: Contractors Licensing determination form from Case CECV20220002319. CHAIRMAN KAUFMAN: Has the respondent seen that? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: On March 22nd, 2022 -- CHAIRMAN KAUFMAN: Okay. MR. MARINOS: -- as well as five pictures taken by Contractors Licensing Investigator Ramos during that same case; on February 28th, 2022, showing the initial conditions; and one picture taken by myself on October 26th, 2022, showing current conditions. CHAIRMAN KAUFMAN: Okay. And the respondent has seen those pictures? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those pictures being shown as evidence? MR. ESCALANTE: (Through the interpreter) Yes, they're good. CHAIRMAN KAUFMAN: We can use them? MR. ESCALANTE: (Through the interpreter) Yes. The one October 27, 2022 Page 27 he showed him, yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Chuck, did you mention the aerial also, just in case we needed to look at that? MR. MARINOS: No, I didn't. MR. LETOURNEAU: We're going to also add the aerial into that. CHAIRMAN KAUFMAN: Okay. That's fine. We'll start with the determination. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Yeah. Get a motion from the Board to accept all the photos and documentation. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: Okay. I'm not -- CHAIRMAN KAUFMAN: This is an eye test. MR. LETOURNEAU: The building official signed off that permits are required for the unpermitted structures and alterations -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- to this property. I'll go to the aerial if they want to take a look at the -- and this, once again, was taken by the Contractor Licensing investigator. October 27, 2022 Page 28 MR. MARINOS: Yeah, Investigator Ramos, on February 22nd. CHAIRMAN KAUFMAN: Looks like a bathroom. MR. LETOURNEAU: And this is part of the garage conversion? MR. MARINOS: This is the garage conversion, yes, sir. MR. LETOURNEAU: Let's go the other way here. What are we looking at right here? MR. MARINOS: Exterior view of the garage conversion. You can't see in the garage door in this one, but you can see one of the previously offending structures in the rear that was removed. MR. LETOURNEAU: This is also in the garage -- MR. MARINOS: This is garage. Yeah, this is showing plumbing and electrical. MR. LETOURNEAU: Okay. That same pipe coming out the side right there? MR. MARINOS: Yes, sir. That would be the one. MR. LETOURNEAU: Okay, and let me go back here to the aerial. So, Chuck, on your Statement of Violation you have unpermitted garage conversion. What else have we got here? Wood frame structure in the rear, unpermitted canopy. What remains of those? MR. MARINOS: The unpermitted canopy and the wooden structure in the rear have both been abated, completely gone. It's just the garage conversion. Mostly, I believe -- I'm sure he can speak to this, but I mostly believe due to the difficulty of doing the elevation change on the interior of the property. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: Okay. So the only thing that's left is the building permit, which is in a rejected status on the garage October 27, 2022 Page 29 conversion? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. So the building permit that has been submitted has been rejected. Where does the respondent stand on that? MR. PEREZ: He said when he bought the home the room was already in there. He added the bathroom to it. But he said if it's too complicated, he'll just throw everything away. CHAIRMAN KAUFMAN: Okay. That's not for me to say. That's up to what he needs to do to either satisfy the building permit or satisfy this case, both which are the same. So that's where we stand right now. The first thing I wanted to do is, does the Board feel a violation exists? MR. RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. So you make a motion that a violation exists. MR. RUBENSTEIN: I'd like to make a motion that the violation exists. CHAIRMAN KAUFMAN: Okay. Could we get a second. MS. RUIZ: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So it's a violation because the building permit has not been October 27, 2022 Page 30 CO'ed. However you make that disappear or come into compliance is the case, and probably what I'm going to ask is, how long do you think it's going to take for that to happen? MR. PEREZ: He said he needs a permit to, like, demolish everything. So how far long that permit takes, then how long. CHAIRMAN KAUFMAN: Does he think it will take a month? Two months? Six months? What? MR. ESCALANTE: (Through the interpreter) Probably two to three months. CHAIRMAN KAUFMAN: Okay. So let me do this: The county has a recommendation? MR. MARINOS: We do. CHAIRMAN KAUFMAN: Do you want to put that up on the board? Oh, you did already. You're faster than a speeding bullet. Okay. So, basically, the open items on there is -- what is it, 59.28 for the -- MR. MARINOS: Operational costs. CHAIRMAN KAUFMAN: -- operating costs to be paid within 30 days. How many days to resolve this is what we're going to fill in and the amount of fine if it doesn't come into compliance at that time. Anybody want to take a shot at that? MR. RUBENSTEIN: I'll take a shot. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: One hundred days to comply or $50 per day. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: I second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor -- hold on one second. Yes. MS. ELROD: With today's situation, thinking he's going to get a permit through that quickly and get somebody to do the work, that's October 27, 2022 Page 31 unrealistic. CHAIRMAN KAUFMAN: Okay. You may want to consider that, although they do expedited permits. MR. RUBENSTEIN: I'll restate my motion. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Or my -- CHAIRMAN KAUFMAN: Yeah, okay. MR. RUBENSTEIN: -- comments. One hundred eighty days -- CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: -- and $50 per day. CHAIRMAN KAUFMAN: Does the second agree? MR. AYASUN: Second, yes. MR. WHITE: That would be April 25 of '23. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. RUBENSTEIN: I have a question, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Is the respondent aware of what we just approved? CHAIRMAN KAUFMAN: I'm going to go through that. MR. RUBENSTEIN: Okay. I'm sorry. MS. BUCHILLON: What about the ops cost? CHAIRMAN KAUFMAN: You have six months to take care October 27, 2022 Page 32 of all of this. Either get the permit approved -- you can tell him -- or withdraw that and restore the structure to what it was before the work started. MS. ELROD: He didn't read it in. CHAIRMAN KAUFMAN: Okay. And you have six months to do that. MR. LETOURNEAU: Mr. Chairman, there's also operational costs of 59.28, was that? MS. BUCHILLON: Thirty-five. MR. LETOURNEAU: Twenty-five. MS. BUCHILLON: Thirty-five. MR. LETOURNEAU: Thirty-five, sorry. Due within how long? CHAIRMAN KAUFMAN: Yes, 30 days. MR. LETOURNEAU: Thirty days. I would like to say that if he chooses to remove that stuff, he's going to need to get a demolition permit through the county. CHAIRMAN KAUFMAN: He mentioned that. MR. LETOURNEAU: Okay. All right. CHAIRMAN KAUFMAN: Okay. So 59.35 -- they went up today, and six months to do it. Okay. You think you can do that? MR. ESCALANTE: (Through the interpreter) Yes. CHAIRMAN KAUFMAN: Okay. MS. ELROD: We're done. CHAIRMAN KAUFMAN: We're done. MR. PEREZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. MARINOS: Thank you, sir. CHAIRMAN KAUFMAN: We voted on that, didn't we, Terri? THE COURT REPORTER: (Nods head.) MS. BUCHILLON: Next case, under old business, B, motion October 27, 2022 Page 33 for imposition of fines, No. 4, CESD20210008551, R&M Real Estate Company, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. GREMLEY: I do. CHAIRMAN KAUFMAN: Good morning. MR. GREMLEY: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MR. GREMLEY: My name is Chris Gremley. CHAIRMAN KAUFMAN: Okay. MR. GREMLEY: And I represent R&M Real Estate. I have a letter. CHAIRMAN KAUFMAN: Okay. I have a copy. Do you want to read this into the record for us, Ryan? MR. CATHEY: Yes. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Past orders: On January 27th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6095, Page 3268, for more information. On May 26th, 2022, the Code Board granted a continuance. See attached order of the Board in Documents and Images for more information. The violation has not been abated as of October 27th, 2022. Fines have accrued at a rate of $150 per day for the period April 28, 2022, to October 27, 2022, 183 days. Total fine amount: $27,450. Fines continue to accrue. October 27, 2022 Page 34 Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.42. Total fine amount: $27,0509.42. CHAIRMAN KAUFMAN: Okay. Sir? MR. GREMLEY: Well, I've been brought into this as of Monday. I have a relationship with the family. The owners are absentee owners. They live in Montreal in Ottawa. The uncle of my friend is the owner of R&M Real Estate, and they made a decision back in, I think it was 2020, to convert these to apartments. Now, did they do it correctly? Did they pull permits? Did they do any of that? From what I'm seeing, absolutely not. They went ahead. They started converting the hotel into apartments and started filling them up because there was -- A, there was a need and -- because the golf course was closed, and there was no need for a hotel. So they made a decision, right or wrong, to convert it. The person involved in converting it came forward and said, you know, hey, this is a problem. Brought it to the Board. Brought the code violation to the Board. I've been brought in to kind of assemble the information to see what we can do to solve this problem. We have a big communication problem between the ownership in Ottawa, the management here locally, the contractors here locally, and even yesterday in the conference calls that I had with the owners and the Zoom meeting that we had with Ryan and the different people of the Planning Commission, there was definitely a disconnect of communication. So they brought me in to kind of be the funnel of all this information, because I have a relationship with them up in Montreal, and I'm here as a local -- I'm a local real estate broker in the Sarasota/Bradenton area. So I'm close by. I've got a lot of October 27, 2022 Page 35 experience in dealing with, you know, codes and things like that over my years of experience of development and stuff like that, so -- CHAIRMAN KAUFMAN: Are they aware that there's a $27,000 -- $27,509 fine that's going to be imposed today? MR. GREMLEY: Very much so. CHAIRMAN KAUFMAN: Okay. MR. GREMLEY: And as a board I don't -- I don't blame you for fining them. I mean, they're just -- they haven't responded to any of your requests. But there seems to be a lot of confusion, because the property manager is not really somebody that understands what's going on. And then she worked with the contractor who kept trying to solve the problems, but the scope of work was changing, and there was some -- there's a lot of miscommunication, I'm going to tell you that right now. What I would like to say, though, is that in my very short period of time of collecting information from Collier County, that everybody has been extremely cooperative, extremely coming forth. I mean, all the information I've received in the past two days is more than I've ever seen in any municipality I've worked with. It's just you guys are very good at getting the information to the people in the timely manner, and that's why I completely understand why you guys are in this position where you're, like, we've tried everything to resolve this issue. One of the things that we're -- that I did see, though, is that it was kind of hard to understand to get the plans across and to get the plans through to bringing this to code. There was some other -- CHAIRMAN KAUFMAN: Let me stop you a second. We're not here to hear the case. MR. GREMLEY: Right. CHAIRMAN KAUFMAN: We're only here to impose the fine or not. October 27, 2022 Page 36 MR. GREMLEY: Okay. MR. WHITE: May I inquire, Mr. Chairman? CHAIRMAN KAUFMAN: You can inquire. MR. WHITE: Thank you, sir. In your professional opinion, how long do you think it would take to abate the violation, if that's even possible? And if it's not possible, how long to demolition the property and get it done? MR. GREMLEY: So six months minimum is what I would say, first and foremost, they're going to determine whether or not to return it back to a hotel and evict, or they're going to find what use will work or what is it going to take to move forward to make it compliant as apartments. MR. WHITE: My understanding is that the use is not one that's authorized by their zoning. They would have to get a rezoning to use it as they're intending and as they have modified the structures. Is that your understanding as well? MR. GREMLEY: Well, that's my understanding from -- as of yesterday's meeting, because in all the paperwork that I've seen from the code violation from the code case details, there was nothing in there about zoning. I called Herald [sic] yesterday and said, do you have anything that says that this is a zoning violation on record for this address? And he says, no, there's nothing on record that this is a code violation. MR. WHITE: Nor need there be. MR. GREMLEY: Well, that's what I'm trying to understand. Because if I didn't see that there's a code violation, then I'm, like, going, okay, so let's submit the drawings, and let's fix the problem. And I think that's where their understanding is is that, okay, let's hire a contractor. Let's fix the problem. CHAIRMAN KAUFMAN: You can't fix the problem with a contractor if it's a zoning issue. You need heaven and earth to get a October 27, 2022 Page 37 zoning change. For two units or 20 units, it's not going to happen. MR. GREMLEY: And that's where the -- MR. WHITE: As far as restoring the building, have you had any contact with the local fire jurisdiction? MR. GREMLEY: Yesterday in a Zoom meeting, I heard his testimony of saying this needs to happen, this needs to happen. Talking to the architect yesterday, he says, they want all the fire sprinklers brought up to code. MR. WHITE: Yes. MR. GREMLEY: They want all the penetrations. Again, excuse me, I've just been brought into this as of Monday, and I'm trying to collect as much information. It's kind of -- I'm being thrown out to the wolves a little bit, but I'm here to -- you know, I'm not here to defend. MR. WHITE: My goal and this Board's goal and the staff, I believe's, goal is to have your clients -- MR. GREMLEY: Yes. MR. WHITE: -- your friends understand the predicament they're in. MR. GREMLEY: I've made them very aware as of the past couple days and meetings that this is not something you can just sweep underneath the carpet. MR. WHITE: As far as my recollection of the prior hearings on this, the property manager, I believe, may have misrepresented some of the facts. MR. GREMLEY: I don't disagree. MR. WHITE: So we're at a place where I'm not sure how likely it is that your clients are going to be able to achieve compliance by corrective action, per se. MR. GREMLEY: That's why I'm here, to find that out, to figure out what direction -- October 27, 2022 Page 38 MR. WHITE: Nor does it seem likely that a rezoning would be able to take place. You're going to need, perhaps, other professionals to help you with this. CHAIRMAN KAUFMAN: Okay. Patrick, Lee has a question. Go ahead. MR. RUBENSTEIN: Ryan, I remember this case. And the lady that represented the property, I distinctly remember her saying they were renovating five units at a time; is that correct? MR. CATHEY: Brad, do you want to answer? MR. RUBENSTEIN: And that they were told not to continue until they had the correct permits in place. So I guess my question is, has additional work been done since the original citing -- are more rooms being converted without a permit, or did they stop back in the spring? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. For the record, Bradley Holmes, Collier County Code Enforcement. When this was originally taken to be heard, it was the county's understanding up to that point that 16 total units had been renovated as per statement by the property manager that you are describing. When we arrived at the hearing, her testimony was stated -- or she stated to us that she was going to be changing that to two; that the 16 were planned to be renovated, but they had only done two, and that's why the case focused on two. It is our understanding that there was deceit in that -- in those statements and it -- I mean, obvious, without, unfortunately, being able to inspect and be given the opportunity to photograph and observe all of the violations that we believe exist, other renovated October 27, 2022 Page 39 units, that's pretty much where we're at. CHAIRMAN KAUFMAN: I think at this point we've heard enough from everybody. Do we impose the fine or not? Okay. MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: I'd like to impose the fine as presented, and then maybe the ownership will pay attention to what's going on. CHAIRMAN KAUFMAN: Wake-up call. MR. RUBENSTEIN: I am making a motion that the fine of 27,509.52 plus today's costs -- CHAIRMAN KAUFMAN: Forty-two. MR. RUBENSTEIN: Pardon me? CHAIRMAN KAUFMAN: Forty-two. MR. RUBENSTEIN: Forty-two, plus the 59.42 for today, be enforced. CHAIRMAN KAUFMAN: Okay. I think the 59.42 is included in the total amount. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So we have a motion. Do we have a second? MR. AYASUN: Second. MS. RUIZ: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. 4-1. October 27, 2022 Page 40 Okay. So the -- you can go back to your client now and say they just imposed a fine of 27,500; you need to get on your wagon. Because that fine is imposed, but the -- MR. WHITE: Fines continue. CHAIRMAN KAUFMAN: -- fine continues until this gets resolved. And at $150 a day, it's a lot. So I would expect that if you come back here to represent them again, that you'll have a plan to resolve this one way or the other. MR. GREMLEY: Yes, sir. Thank you. CHAIRMAN KAUFMAN: Thank you. MR. AYASUN: Agreed. MR. WHITE: Just a point of clarification. I don't believe he'll be coming back before this board. It likely will be the Board of County Commissioners. CHAIRMAN KAUFMAN: Wherever he comes back to. MS. BUCHILLON: Next case? CHAIRMAN KAUFMAN: Yes, Helen. MS. BUCHILLON: Next case, No. 7 under imposition of fines, CESD20210000507, Rainer Rizo. CHAIRMAN KAUFMAN: There's nobody fighting you. MS. VALIDO: We hope so. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. VALIDO: I do. MR. RIZO: I do. CHAIRMAN KAUFMAN: And could you state your name on the microphone for us, please. MS. VALIDO: My name is Yesenia Valido, and I'm here for translate for him. October 27, 2022 Page 41 CHAIRMAN KAUFMAN: Okay. So you need to be sworn as a translator. 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. VALIDO: I do. CHAIRMAN KAUFMAN: Okay. And if you could state your name on the microphone for us. MR. RIZO: "Mi nombre" Rainer Rizo. CHAIRMAN KAUFMAN: That brings us to Bradley. MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On May 27th, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5967, Page 2314, for more information. On September 23rd, 2021, the Code Enforcement Board granted a continuance. See attached order of the Board in Documents and Images for more information. On February 24th, 2022, the Code Enforcement Board granted a continuance. See attached order of the Board in Documents and Images for more information. CHAIRMAN KAUFMAN: It will be interesting if we could get the days that the continuance was granted since it's very important that we know that. Do you find that, Jeff, or -- MR. LETOURNEAU: Do you want the last -- CHAIRMAN KAUFMAN: Yeah, just the February 24th. MR. LETOURNEAU: I can dig that up for you. Hold on one second here. What's the case number; 507? CHAIRMAN KAUFMAN: You would think that -- October 27, 2022 Page 42 MR. HOLMES: February. CHAIRMAN KAUFMAN: Bradley may have it. MR. HOLMES: It looks like it was granted six months. MR. WHITE: Is there a date? MS. BUCHILLON: August 24th. MR. HOLMES: August 24th, 2022. CHAIRMAN KAUFMAN: Okay. That's six months from February 24th, round figures. Okay. MR. HOLMES: All right. CHAIRMAN KAUFMAN: Got it. MR. HOLMES: Continuing, the violation has been abated as of August 16th, 2022. Fines and costs to date are as follows: Part 1, fines have accrued at a rate of $200 per day from the period of September 25th, 2021, to August 16th, 2022, 326 days, for a total fine amount of $65,200.00. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.70. Total amount coming to $65,259.70. CHAIRMAN KAUFMAN: Okay. Is the respondent staying up with this? He understands so far? MR. RIZO: (Through the interpreter) Yes. CHAIRMAN KAUFMAN: Okay. This was a conversion and it dragged on? MR. HOLMES: Yep. CHAIRMAN KAUFMAN: Okay. Questions? Motions from the Board? MS. RUIZ: Question. CHAIRMAN KAUFMAN: Yes. MS. RUIZ: Yes. The report from staff says that you have had three other violations; is that correct? MS. VALIDO: Yes. October 27, 2022 Page 43 MS. RUIZ: Okay. CHAIRMAN KAUFMAN: Were those violations abated? MR. RIZO: (Through the interpreter) It was something related with the garage, the lanai, and the game room they built. MR. WHITE: Have they been corrected? MR. RIZO: (Through the interpreter) Yes. CHAIRMAN KAUFMAN: You need to move the microphone down so we can hear you. MR. RIZO: (Through the interpreter) Yes. MR. WHITE: Thank you. MR. RIZO: (Through the interpreter) The cases were closed. MR. WHITE: Without a hearing? MR. RIZO: (Through the interpreter) Yeah, they came. MR. WHITE: Could you ask Mr. Rizo what the financial impact would be if the fine was imposed? MS. VALIDO: Right now he's been separated from his family. He's trying to make more money to pay these things that he needs to be paying. He's been working as, like, a truck driver. So every month he left the family to go make more money. And the first engineer he contract, he died, so all the process that they have in motion already were lost. When he have a new engineer and they contract another contract, that contract was a scammer, and the money -- they lose that money again. So they need to -- they've been working more for -- to pay all these things. CHAIRMAN KAUFMAN: Okay. MR. WHITE: The question was, if he had to pay $65,000-plus. MS. VALIDO: Well, he doesn't have that money now. MR. WHITE: Thank you. MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: He's had three other violations, which October 27, 2022 Page 44 really don't have anything to do with today, correct? MR. WHITE: The testimony was that they were corrected without a hearing, which means they were -- MR. RUBENSTEIN: And it has been abated, which is good. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: But we've got 11 months into this thing. I make the motion that the fine be reduced to $10,000 plus the cost of 59.70. CHAIRMAN KAUFMAN: Seventy. Okay. Discussion on the -- first of all, is there a second? (No response.) CHAIRMAN KAUFMAN: Okay. Any discussion on a motion? MS. ELROD: I'd like to make a motion to -- MR. RUBENSTEIN: Was there a second? CHAIRMAN KAUFMAN: No. MS. ELROD: No -- that we deny the county $65,200 and they pay operational costs for today. CHAIRMAN KAUFMAN: Okay. That's your motion. Do we have a second on that? MS. RUIZ: Second that. CHAIRMAN KAUFMAN: Okay. You have a second. Okay. All those in favor? MS. ELROD: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Nay. MR. AYASUN: Nay. CHAIRMAN KAUFMAN: Motion fails. Can I make a motion? October 27, 2022 Page 45 MS. ELROD: Please do. CHAIRMAN KAUFMAN: I make a motion that we fine $1,500 plus today's court costs of 59.70. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. MS. RUIZ: No. MS. ELROD: No. CHAIRMAN KAUFMAN: Okay. It passes 3-2, okay. Okay. If you'll explain that we reduced the fine from 65,000 to 1,500. MR. WHITE: Plus there's 59 and -- CHAIRMAN KAUFMAN: Seventy cents. MR. WHITE: -- seventy cents of operational costs. Now, the motion did not include the time frame by which that had to be paid. CHAIRMAN KAUFMAN: Ordinarily it's 30 days. Being that we just had a hurricane, et cetera, et cetera, I think we should grant 90 days. So you have 90 days to pay the fine. MR. WHITE: Do the rest of the Board agree with that, the ones who voted in favor? MR. AYASUN: Yes. CHAIRMAN KAUFMAN: Yes. Lee? MR. RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: Okay. There's three. Okay. MR. WHITE: Just so you understand, he has 90 days to pay the $1,500-plus. If it doesn't, it will become a lien on the property. MS. VALIDO: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. October 27, 2022 Page 46 MS. VALIDO: Thank you. MR. AYASUN: That's the way the ball rolls. CHAIRMAN KAUFMAN: Okay. Takes care of that one. Helen, what are we up to? MS. BUCHILLON: We have two more cases which respondents not here. Under public hearings, D, hearings, No. 4, CEV20220008499, Ernest J. Valdastri, and No. 5 is also the same respondent, Case CENA20220008442, and I just want to put on the record, respondent was notified regular and certified mail on October 17, 2022. It was also posted at the property and the courthouse on October 13th, 2022. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Okay, Joe. 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. All right. First case, for the record, Joseph Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CEV20220008499 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95, located at 30 Creek Circle, Naples, 34114; Folio No. 49532360004. Personal service was given on September 9th, 2022, by posting of the property and the courthouse. This case initiated as a complaint through the Commissioners' office. I made a few site visits to the property starting on September 6th, 2022. Due to the history with the property owner and his no trespassing signs posted on the property, I did not enter the property. From what I could see from the legal vantage point, there were at least two vehicles that appear to be unlicensed and October 27, 2022 Page 47 inoperable. I passed by the residence -- I passed by the property on September 7th and September 8th, in the hopes of seeing the owner outside his residence, with no success. I attempted to reach the property owner at the phone number we have on file, and it is currently disconnected. Notice of violation was posted at the property and courthouse on September 9th, 2022. As of today, violation remains. No compliance efforts have been made, and no contact from the property owner. I would like to present case evidence in the following exhibits: I have two photos taken on September 6th, 2022, by myself, and one photo taken on October 26th, 2022, by myself. CHAIRMAN KAUFMAN: Get a motion from the Board to approve the photos? MS. ELROD: Motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: You can see here these two trucks in the driveway don't have license plates. One has flat tires, and it's kind of an eyesore; no license plate. CHAIRMAN KAUFMAN: The couch that's out in front, is October 27, 2022 Page 48 that from storm damage or -- MR. MUCHA: No. This was September 26th. CHAIRMAN KAUFMAN: Okay. BI. MR. MUCHA: So it was, like, right before the storm. CHAIRMAN KAUFMAN: Before Ian. MR. MUCHA: A few days before the storm, yeah. So... CHAIRMAN KAUFMAN: Okay. And you have been unable to contact the Respondent. MR. MUCHA: No, sir. And from what I've been told by neighbors, they haven't seen him, so I don't know if maybe he fled the area before the storm and -- I don't know. CHAIRMAN KAUFMAN: Okay. Well, get a motion from the Board whether a violation exists or not. MR. RUBENSTEIN: I'll make the motion the violation exists per the exhibits. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a suggestion for us, Joe? MR. MUCHA: Yes, sir. That the Code Enforcement Board issue [sic] the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and to abate all violations by: One, repairing and affixing a current license October 27, 2022 Page 49 plate to each vehicle in violation or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use within blank days of this hearing, or a fine of blank will be imposed for each day the violation continues. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at filling in the blanks? MR. LETOURNEAU: I think we have a second part of that also. MR. MUCHA: Yes, sir. And the second part is the respondent must notify Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Well, since you've been unable to get ahold of them, I think the leash on this one, the amount of days to resolve the situation, should be limited. Anybody want to fill in the blanks? MR. RUBENSTEIN: I would like to fill them in. CHAIRMAN KAUFMAN: Go ahead, Lee. MR. RUBENSTEIN: Okay. Thirty days and $100 per day plus the 59 and change. CHAIRMAN KAUFMAN: 59.21 paid within 30 days? MR. RUBENSTEIN: Yep. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. RUIZ: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? October 27, 2022 Page 50 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: (No verbal response.) CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: And the last case, No. 5, CENA20220008442, Ernest J. Valdastri. 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. Okay. For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. This is in reference to Case No. CENA20220008442 dealing with violations of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181, and the Collier County Land Development Code 04-41, as amended, Section 2.02.03 located at 30 Creek Circle, Naples, 34114; Folio No. 49532360004. Personal service was given on September 9th, 2022, by posting of the property and the courthouse. This case initiated as a complaint through the Commissioners' office. I made a few site visits to the property starting on September 6th of 2022. Due to the history with the property owner and his no trespassing signs posted on the property, I did not enter the property. From what I could see from a legal vantage point, there is outside storage and litter on the property. This would be a repeat October 27, 2022 Page 51 violation, as there was a previous case, CENA20190004829, that went in front of the Code Enforcement Board. I passed by this property on September 7th and September 8th, in the hopes of seeing the owner outside of his residence, with no success. I attempted to reach the property owner at the phone number we have on file, and it's currently disconnected. Notice of violation was posted at the property and the courthouse on September 9th of 2022. As of today, violation remains. No compliance efforts have been made, and no contact from the property owner. I would like to present case evidence in the following exhibits: I have three photos taken on September 6th of 2022, Property Appraiser aerial of the property, previously -- previous Code Enforcement Board order for Case CENA20190004829, and six photos taken yesterday, October 26th, 2022, by myself. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the exhibits. MS. ELROD: Motion to accept exhibits. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Joe, a quick question. That previous order, how is that resolved, or is it still accruing? October 27, 2022 Page 52 MR. MUCHA: He did eventually do enough to -- MR. LETOURNEAU: Did you mention that in your exhibits that you wanted to show, Joe? MR. MUCHA: Yes, sir. MR. LETOURNEAU: So I'm going to pop that up right now so we can take a look at it, okay. MR. MUCHA: And to be honest with you, I've worked in Code Enforcement for 17 years, and this gentleman has been a frequent flyer of Code Enforcement for all my 17 years, so... MR. RUBENSTEIN: Does the property look abandoned? MR. MUCHA: No, it just doesn't look good, you know, and we constantly seem to get complaints about it, and -- CHAIRMAN KAUFMAN: Has anybody seen this person? I mean, he could be laying on the floor inside there dead. MR. MUCHA: I've seen him within the last couple years but, as far as I know, I mean -- from what I hear, he sometimes travels to different states and -- CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Has he been fined in the past? MR. MUCHA: Yes, sir. MR. LETOURNEAU: Yes, sir. I have the order up right now for repeat, and he, I believe, was fined on this piece of property for this particular code violation. MR. MUCHA: It took some time for him to comply with this order, so there was -- CHAIRMAN KAUFMAN: Okay. Photos. MR. MUCHA: I mean, again, because of -- this gentleman has accused our department of a lot of things, so we don't really go on his property too much. So I try to do the best I can from the street. But it's a heavily, kind of, wooded property, a lot of vegetation overgrowth. But there's just a ton of stuff on the sides and -- October 27, 2022 Page 53 MR. LETOURNEAU: As you can see right there from this file -- the backyard's got probably the majority of the junk, right, Joe? MR. MUCHA: Yeah, yeah, and it's -- MR. LETOURNEAU: It's hard for us to get a view of it. But you can, you know, tell from this photo there's a pile of stuff in that backyard. MR. MUCHA: The gentleman's a mechanic, and I think he takes on a lot of stuff to try to fix, I guess, maybe to resell, and the whole property is just full of car parts, and -- CHAIRMAN KAUFMAN: Is that boat part of the property, or is that a neighbor? MR. MUCHA: No, that's his boat. As you can see here, there's bunches of -- those are, like -- MR. AYASUN: Engines. MR. MUCHA: -- scooters and ATVs and there's lawnmowers that, again, he probably means well to fix them, but they're just there rotting away. MR. LETOURNEAU: I mean, you can see, just as a sidenote, the grass growing on the roof here, and I mean, it's a pretty unkempt piece of property. Originally, Joe had wanted to cite the weeds, which we really didn't -- weren't able to get a really good picture of the weeds to confirm a violation; however, if it continues in this fashion, we'll be back here again for the weeds, obviously, because -- MR. RUBENSTEIN: Is the county allowed to drone the property? MR. MUCHA: No, we're not allowed to use drones. MR. RUBENSTEIN: Do you know if the fine -- Patrick, I'm not sure I could ask this question. MR. WHITE: Well, then why don't you proffer it. MS. RUIZ: Are the past fines -- have they been paid? October 27, 2022 Page 54 MR. WHITE: You certainly are entitled to inquire of staff in regards to that. MR. MUCHA: I would venture a guess is no. MR. LETOURNEAU: Yeah, I mean, I don't know for sure, but if I had to guess, I would say no. MR. MUCHA: It's homesteaded property. MR. RUBENSTEIN: No. MR. MUCHA: The gentleman's well aware it's homesteaded property and -- MR. LETOURNEAU: As Joe said, I've been in code 26 -- or actually code for 23 years, and we've been dealing with this gentleman since I started. MR. RUBENSTEIN: So we have -- the county has liens already on this property? MR. LETOURNEAU: Yes, sir. MR. WHITE: And my expectation regarding the amount of time and any fine, because the orders as -- in the prior case authorize the county to do whatever they believe is necessary to abate, my expectation is the county may choose to take some of that action, certainly at least with respect to the front of the property so that the neighbors aren't impacted. CHAIRMAN KAUFMAN: Okay. Well, those are all the pictures, Joe? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board whether a violation exists? MS. ELROD: I'll make a motion a violation exists. MS. RUIZ: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. Could we get a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in October 27, 2022 Page 55 favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us, Joe? MR. MUCHA: Yes, sir, I do. That the Code Enforcement Board orders the respondent to pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, paying a civil penalty in the amount of $250 for the repeat violations within 30 days of this hearing; Two, removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or storing the desired items in a completely enclosed structure within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: Okay. I'd like to make the motion on this one. MR. MUCHA: And, three, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation 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. October 27, 2022 Page 56 CHAIRMAN KAUFMAN: Okay. I'd like to make a motion that we impose $59.28 to be paid within 30 days; that the respondent is given 30 days to come into compliance or a $500-a-day fine, plus the civil penalty of $250. MR. WHITE: To be paid within 30? MS. RUIZ: I will second. CHAIRMAN KAUFMAN: All to be paid within 30 days. MS. RUIZ: Second that. MR. AYASUN: There is a second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MR. RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Question: Since his history of not complying and fines and liens and all that for a long time, I mean, does the county now take the position that they need to go in there and clean this mess up? MR. LETOURNEAU: As always, we balance out the cost of, you know, using taxpayer money with the thought of maybe it might never -- ever be recouped through a situation like this and the situation the neighbors have to live with looking at this stuff. So I can't say right here and now that we're going to do it, but that is a strong possibility that we might do it. CHAIRMAN KAUFMAN: Okay. And this has come down from the County Commission, so I'm sure they'll have their two cents worth to discuss this. Let's vote on the motion. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. October 27, 2022 Page 57 MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I just wanted to say on the record that the respondent was not present here. I know Helen gave us the particulars on the notice, so... MR. AYASUN: Just a footnote, and not to change anything, obviously, that truck in good shape if fixed, it will bring you $10,000 in the market today, so just in case. MR. LETOURNEAU: From what I hear, he's quite a good mechanic also. MR. AYASUN: He can fix it. CHAIRMAN KAUFMAN: He's a good mechanic and a lousy janitor. MR. MUCHA: If you could believe it, he has an airplane under one of his carports, so he's got a lot of things that he probably means well to fix, but... MR. RUBENSTEIN: Jeff? MR. LETOURNEAU: Yes. MR. RUBENSTEIN: Are we still on the record, or are we off? MR. LETOURNEAU: We haven't been adjourned yet. MR. RUBENSTEIN: Okay. MR. WHITE: You're always on the record, Mr. Rubenstein. MR. RUBENSTEIN: Can you come back at next meeting and tell us what would it cost to clear up this property, what it would cost the county to do it? MR. LETOURNEAU: How long did you give him to clean this up? MR. WHITE: Thirty days. MR. LETOURNEAU: I can't -- and the next meeting is -- we October 27, 2022 Page 58 have a meeting in -- MR. WHITE: November 18. MR. LETOURNEAU: Yeah, we won't have the bid-out costs by that time because the compliance date will be not passed by, you know, then. So maybe the following meeting, though. MR. WHITE: Which we don't do typically in December, so we're talking January. CHAIRMAN KAUFMAN: Okay. Before we adjourn -- MR. RUBENSTEIN: That's fine. Just so we know next time that this comes up how much it's actually going to cost the county to do it. MR. LETOURNEAU: Yeah, Joe, try to remind me about that. MR. MUCHA: Okay. MR. LETOURNEAU: Thanks. CHAIRMAN KAUFMAN: Before we adjourn, under 8 under the consent agenda, request to forward cases to the county, do we have any? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: We do? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. I can get a motion to forward those. MS. ELROD: Motion to forward those. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. October 27, 2022 Page 59 CHAIRMAN KAUFMAN: Okay. Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Point of information for staff: Do we know how many typically there are? CHAIRMAN KAUFMAN: We don't. MR. WHITE: I just believe it would be helpful for the Board to either see it on the agenda or something, because otherwise it looks like it's not an item on the agenda. MS. BUCHILLON: It should be on the -- MR. WHITE: It is listed. MS. BUCHILLON: -- on the packet. MR. WHITE: It is listed, and it may be in the packet. I apologize if -- because my screen doesn't work, otherwise I would have. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Apparently they're waiting for hardware. CHAIRMAN KAUFMAN: That will be a new Board of County Commissioners, too, by the time -- MR. WHITE: New chair, certainly, and vice with two new -- CHAIRMAN KAUFMAN: Well, there will be a new chair and two new members. MR. WHITE: Yeah. CHAIRMAN KAUFMAN: Terri, we didn't get to your break. MR. WHITE: It's coming soon. CHAIRMAN KAUFMAN: Yeah, we're seven minutes over. MS. BUCHILLON: I don't have a copy here, but I think it was, like, three of them. But I'll forward you -- it is in the packet. MR. WHITE: Yeah, the motion covers however many there are. I'm just saying that, for me, if it says "request to forward" and we just put the number of cases -- October 27, 2022 MS. BUCHILLON: Oh, okay, okay. CHAIRMAN KAUFMAN: Okay. We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:38 a.m. CODE-INFO CEMENT BOARD RQ ERT KAU , AN, CHAIRMAN These minutes approved by the Board on k1vj, vL_ 1S/ ,;_..A , as presented 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 60