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CEB Minutes 01/26/2023January 26, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 26, 2023 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 Vice Chair: John Fuentes, Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Zully Ruiz, Alternate James York, (Absent) Danny Blanco (Excused) Sue Curley (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board January 26, 2023 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Respondents may be limited to 20 minutes in 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 the 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 now, if everybody will please stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: So why don't we start out with the roll call, Helen. MS. BUCHILLON: Yes, sir. 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. Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? January 26, 2023 Page 3 MR. AYASUN: Here. MS. BUCHILLON: Ms. Zully Ruiz? MS. RUIZ: Here. MS. BUCHILLON: And Ms. Sue Curley is not present, and Mr. James York is not present. CHAIRMAN KAUFMAN: Okay. I have just signed the minutes. If anybody has any question about the minutes from the last meeting, speak now. If not, the minutes are approved. Which brings us to the agenda. Do we have any changes? MS. BUCHILLON: Yes, sir. We have stipulations. We'll start with the first one. Under public hearings, No. 3, CESD20220003174, Olympia Park A Land Condominium. Number 5, CELU20220007487, Shannon Wilkinson and Kathalina Wilkinson. Number 6, CEV20220007485, Shannon Wilkinson and Kathalina Wilkinson. Number 22, CESD20220007429, Gary E. Groat and Cathleen A. Groat. Number 23, CESD20220005381, PBS Land Trust. Number 24, CEAU20220006876, PBS Land Trust. Number 17, CESD20220005160, Brent D. Perrine and Mona R. Perrine. And one more stipulation, No. 25, CESD20200012753, Juan C. Delgado and Yelenys Delgado. Those are all the stipulations. CHAIRMAN KAUFMAN: Okay. Do we have any that have been withdrawn? MS. BUCHILLON: Yes, sir. Under public hearings, D hearings, No. 1, CESD20210001356, Scott C. Fawcett, has been withdrawn due to compliance efforts. Number 4, CESD20220005786, Raquel Guevara Alfaro, has January 26, 2023 Page 4 been withdrawn due to compliance efforts. Number 7, CESD20220005897, Camilo E. Castillo Pacheco and Yunet C. Ferro Valdes, has been withdrawn due to compliance efforts. Number 8, CESD20220008538, Ridgeport Limited Partnership, has been withdrawn due to compliance efforts. Number 9, CESD20220000648, Livan Martin, has been withdrawn due to compliance efforts. Number 13, CELU20210005402, Anchor Tree Investment, LLC, has been withdrawn per management. Number 14, CESD20220005177, Yanelis Hernandez and Eliecer Ramirez, has been withdrawn. Violation has been abated. Number 15, CESD20220005892, Yanelis Hernandez and Eliecer Ramirez, has been abated -- I mean, has been withdrawn. Violation has been abated. Number 18, CESD20190000755, Philip J. Ricossa Trust, has been withdrawn due to voluntary compliance. Number 20, CEROW20220010180, Jennifer Jackson Barnett, has been withdrawn due to compliance efforts. Number 21, CETU20220008804, Naples Marina Holdings, LLC, has been withdrawn due to voluntary compliance. Under old business, motion for imposition of fines, No. 4, CESD20200001059, St. Luc Charelus and Masina Charelus, has been withdrawn due to compliance efforts. Number 7, CESD20180011460, Carlos Valdes and Dulce Valdez, has been withdrawn due to compliance efforts. Number 10 CELU20220004457, Lowe's Home Centers, Inc., has been withdrawn and will be rescheduled for the February hearing. Those are all the withdrawns. CHAIRMAN KAUFMAN: I have one question. On -- under hearings, 14, 15 have been withdrawn. How about 16? Same January 26, 2023 Page 5 respondents. MS. BUCHILLON: It's still in violation. CHAIRMAN KAUFMAN: Okay. Okay. I need a motion from the floor to accept the agenda as modified. MS. ELROD: Motion to accept the agenda as modified. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: I do have scrivener's -- well, actually it's, like, three scrivener's errors on the agenda for -- CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 13, under hearings, on the ordinance, I actually wrote it on your agendas. It should be 10.02.06, not 10.02.00. CHAIRMAN KAUFMAN: This is No. 13? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Number 13 is Anchor, or is this under impositions? MS. BUCHILLON: No, regular hearings. Oh, did we delete that one? Oh, yeah, we did delete it. Sorry, I hadn't looked at that. I'm sorry. January 26, 2023 Page 6 And then the other one is imposition of fines, 14, 15, and 16, it's just the investigator's last name should be Marino instead of Mucha. CHAIRMAN KAUFMAN: Okay. So we'll give you a minute to organize. I've got a speaker on -- MR. FUENTES: For 20. MS. BUCHILLON: We're going to go ahead and start with the motion for rehearing. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Was that withdrawn? MS. BUCHILLON: No. Under public hearings, motion for rehearing, it's got No. 3 on here, CESD20220001044, Black River Rock, LLC. MR. SILVERFIELD: Good morning, John Silverfield for the respondent. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. SILVERFIELD: I do. MR. LETOURNEAU: I do. MR. WHITE: Point of order, Mr. Chairman. Have you registered as a lobbyist, sir? MR. SILVERFIELD: No, sir. I'm the attorney. MR. WHITE: I'm sorry? MR. SILVERFIELD: I'm the attorney. MR. WHITE: I understand you're the attorney. It's a quasi-judicial matter. Anyway, I did not get your name for the record. MR. SILVERFIELD: John Silverfield. MR. WHITE: Thank you, Mr. Silverfield. January 26, 2023 Page 7 Mr. Chairman, before we begin, I don't know if the Board cares to hear my assessment of the posture of this case. CHAIRMAN KAUFMAN: Always, always. MR. WHITE: Thank you, Mr. Chairman. According to your rules as written today, this matter, I believe, is procedurally defective for a couple of reasons. One, there is no written motion as required by your rules nor, to the best of my knowledge and understanding, was it timely submitted within the 10 or 20 days after the order was received or rendered. But I leave that to the gentleman to argue. Ultimately, at the end of the day, it's at the Board's discretion as to whether you choose to hear the rehearing or not. And, of course, if we do go that distance, I'm happy to remind you-all of what the standard is that's supposed to be achieved. Thank you. CHAIRMAN KAUFMAN: Okay. Counselor, you want to address the comments made by our attorney? MR. SILVERFIELD: Sure. So this started with a back and forth between me and various code enforcement officers. Mr. Ossorio is on here. Jeff Letourneau is on here. We, basically, had an informal back and forth where they said is this going to be your formal request for rehearing? I said yes. There was -- no one ever provided us a copy of the actual order. I finally got one. When I did see it on the recording, I forwarded it to him and said, you know, hey, let's just go ahead and move forward, proceed with the notice of rehearing. It was an understanding -- and, I mean, Jeff Letourneau can tell you. He was on the emails. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I personally took those emails as the county accepting your rehearing motion. January 26, 2023 Page 8 MR. SILVERFIELD: Thank you. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Okay. Let me be clear in understanding what you're saying, Mr. Letourneau. Was it your opinion that it was a written motion for a rehearing that specified the precise reasons thereof, or was it just a notification of a request for a rehearing? MR. LETOURNEAU: It was a request for a rehearing. MR. WHITE: So you never -- you never had an actual motion you reviewed where the reasons were stated? MR. LETOURNEAU: No. MR. WHITE: Thank you. MR. SILVERFIELD: Well, actually, there was a lengthy written email to Colleen, which was then asked if that was the basis of my motion for rehearing. And I think Colleen is here. But she can attest to the fact that I gave her -- I wrote her a lengthy email outlining the reasons why we were seeking a rehearing. MR. WHITE: And I'm assuming you mean Colleen Kerins, not -- MR. SILVERFIELD: Yes. And that's actually in my binder. CHAIRMAN KAUFMAN: Is Colleen here? MR. WHITE: And what was the date thereof? MR. SILVERFIELD: That's No. 5, November 18th, 2022. MS. KERINS: And Colleen Kerins, Assistant County Attorney. 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. KERINS: I do. That email was sent to my email address while I was on maternity leave. I'm not sure as to the monitoring of that email while I was away; however, I know there were subsequent January 26, 2023 Page 9 communications with Jeff and Mike while I was on leave regarding the basis of the motion for rehearing. CHAIRMAN KAUFMAN: Was that done in a timely -- MS. KERINS: At this point, based upon the lengthy emails back and forth, I would consider the emails in their entirety to be the motion for rehearing to set forth the factors and the reasons for Mr. Silverfield's request. MR. WHITE: Is that a yes or no? MS. KERINS: That's a yes. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: I agree with Colleen. I just took it for granted that long string of emails was Mr. Silverfield's request for the rehearing, yeah. MR. WHITE: Mr. Chairman, just so you and the Board understand, my position as I announced it to you was based upon what was in the packet as, quote-unquote, the record. So if you have additional testimony that, in your opinion, allows this to be considered as timely and substantive, as I said before, it's at your discretion if you choose to hear it or not. CHAIRMAN KAUFMAN: Okay. Do we have any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Ordinarily, on these we would deny the request for the rehearing based on what our attorney is recommending to us; however, there seems to be a conflict as to whether it was done in a timely fashion and those emails count as that notification or not. MR. WHITE: I believe you've had testimony from multiple witnesses that would suggest that it was timely and substantive. As to the actual terms that you're to consider, I believe that will January 26, 2023 Page 10 be something we'll come across, and if at the end you want me to reiterate what those are that you're supposed to be evaluating the motion's content upon, I'm happy to review that. CHAIRMAN KAUFMAN: Typically, on a rehearing, there's something that happened during the hearing that has initiated this request for a rehearing. Either we interpreted the law incorrectly or there was a problem with a witness. Is that the case in this situation? MR. SILVERFIELD: It actually has to do with notice. Our client was sent a text message from a tenant at a unit adjacent to the one that was the subject of the violation on the day of the hearing after the hearing already started, and then that's when I contacted Ms. Kerins to tell her, hey, look -- I mean, that was the basis. CHAIRMAN KAUFMAN: Okay. MR. SILVERFIELD: I guess you could say it was due process. MR. LETOURNEAU: Was that the imposition hearing or the original hearing? MR. SILVERFIELD: The November 18th. MR. LETOURNEAU: Okay. The imposition. CHAIRMAN KAUFMAN: So that was the imposition? MR. LETOURNEAU: (Nods head.) CHAIRMAN KAUFMAN: Okay. So the initial case was heard, and a finding of guilt, for lack of a better term, occurred at that time? MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: And then it came before us at a subsequent meeting for the imposition of fines? MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: Just so I understand it. MR. WHITE: The procedural history, Mr. Chairman and Board, the original order, I believe, was May 26th of '22, and the finding for the imposition was November 18 of '22. January 26, 2023 Page 11 Now, from the perspective of what substantively you're allowed to consider, I think we first have to look to the rules and what they, in turn, tell us to do. And my understanding of them is if you make a determination to rehear it at this meeting, we'll issue an order, and we will mail it within 10 days, and that order will either determine that you're going to grant the rehearing and schedule when that will take place, or we can at this point in time choose to modify or reverse the prior order without receiving any further evidence, providing the change has to be based on a finding that the prior decision from the Board, meaning the imposition case, resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. To the best of my knowledge, I don't remember anyone from the Board asking me about a question of law nor do I recall having opined regarding a question of law on anything that you ruled upon; therefore, I don't believe there was anything erroneous and, from my perspective, I'm not sure you're in a position whereas of today you could modify or reverse your record and, therefore, we're back to the first leg, which is that you could schedule the actual hearing for the rehearing at a subsequent date. CHAIRMAN KAUFMAN: Okay. And that's what I'm leaning towards right there. MR. WHITE: Okay. CHAIRMAN KAUFMAN: The county -- yes. MS. KERINS: Just for clarification, Mr. Silverfield mentioned the posting of the notice on the day of the hearing. The affidavits of posting at the property are in addition to the underlying mailings that were done at the property -- to the property owner pursuant to 162. 162.12 states a certified mail to the address listed in the Tax Collector's Office for tax notices or to the address listed in the Property Appraiser database. That was timely done. January 26, 2023 Page 12 There was additional steps taken by Code Enforcement to move and make sure these people had notice by going and doing a posting at the property. Those postings are what Mr. Silverfield mentioned. There has not been anything raised as to improper mailing or underlying notice in compliance with 162. CHAIRMAN KAUFMAN: Was it also posted in the courthouse? MS. KERINS: Yes. CHAIRMAN KAUFMAN: Was that timely? MS. KERINS: I believe so. I believe Mr. Letourneau has all of that he can pull up if needed. MR. LETOURNEAU: I do. I mean, I thought if -- are we going to go forward with this? MR. SILVERFIELD: I didn't realize we were hearing the rehearing. MR. LETOURNEAU: Yeah. I would think that he would have the first crack at it and then -- MS. KERINS: Well, the issue for the request for rehearing as to whether or not to grant the rehearing, the rehearing, and my understanding -- and Mr. White can correct me if I'm wrong -- would be to rehear the underlying merits as to the imposition. At this point we're discussing the underlying reasons, and Mr. Silverfield's reason for the rehearing would be the notice. I do not believe the request for a rehearing is proper based upon there not being an issue as to fact or law to raise to the level of having this come back before the Board. MS. RUIZ: Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MS. RUIZ: May I ask a question to the attorney? CHAIRMAN KAUFMAN: Sure. MS. RUIZ: Yes. Is there going to be additional evidence? January 26, 2023 Page 13 MR. SILVERFIELD: Yes, I haven't presented anything other than the fact that our client didn't receive notice by -- until the day of. MS. RUIZ: I think we've settled that. MR. SILVERFIELD: Right. MS. RUIZ: Is there going to be any additional evidence that you wish to show us? MR. SILVERFIELD: Today? Well, I need -- MR. WHITE: I believe that the Board member's asking what it would be that you would proffer if a rehearing were to be held. MS. RUIZ: Right. MR. SILVERFIELD: Okay, okay, I understand. Basically, just, I mean, what I have given to Jeff already regarding the transcript and what was stated in the transcript and how they stated that the initial as well as the November -- I mean, the initial notice was given. It's basically just a notice issue and the fact that our client is doing all these different things to try to come into compliance. You know, this building is a difficult one, I understand. And we basically were hoping that, based on the fact that, you know, there was notice issues, out-of-state ownership, there's got to be a way to bring this whole building into compliance. And, you know, I was hoping that, in the interim, we could try to discuss something that would benefit everybody. MS. RUIZ: Okay. So are you asking something else in addition to a rehearing? MR. SILVERFIELD: No, I'm not asking for that. I'm just saying that part of what I was going to present was our efforts to comply with the current issues of the building entirely, not just this Unit 6. MR. WHITE: If I may, Mr. Chairman. MS. RUIZ: I have nothing else to ask. MR. WHITE: Thank you, ma'am. January 26, 2023 Page 14 I'll just wait a moment. Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: My understanding of where the matter is substantively, based on what has been proffered, is that the sum and substance of the argument is that there was a failure of procedural due process in the sense that there was an inappropriate or untimely notice of hearing provided to the respondent. There's been nothing stated other than what's in the record already before at the hearing on the 18th and what you've heard today from Ms. Kerins to suggest that there's grounds other than a procedural due process defect. The substance of that is not something, I believe, is appropriate for a rehearing. It would have, in my opinion, been appropriate to have challenged this by a filing for a petition of writ of certiorari in court challenging it on procedural due process grounds. This is not the place nor the time, in my opinion, to try and fashion a remedy that doesn't exist. CHAIRMAN KAUFMAN: Okay. And I don't disagree with you, Counselor. And it has been posted. I know you have the information, Jeff. It was posted in the courthouse. So notification was done. Unless there's some glaring thing that says it wasn't done, someone ripped it off the bulletin board or whatever it is, I would say that the request for a rehearing is not proper at this time. MR. WHITE: I mean, the only two grounds that are allowed are, one, that the decision was contrary to the evidence. There's nothing to suggest that the evidence of why and how much the fine that was imposed was wrong. The other ground is that the hearing involved an error on a ruling of law. As I stated before, there was nothing asked of me nor did I opine with respect to any ruling on law. So that leg, that January 26, 2023 Page 15 particular ground doesn't even come into play. And, therefore, from my perspective, I don't believe that at this point the Board would be in a position to be able to make a decision that a rehearing should be granted. MR. FUENTES: Patrick, I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make a motion to deny the continuance for another hearing. MS. RUIZ: I'll second that. MR. WHITE: I believe the proper form would be just to deny the motion for rehearing. MR. FUENTES: Deny the motion for rehearing. CHAIRMAN KAUFMAN: Okay. And the second? MS. RUIZ: Second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to deny. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimous. MR. SILVERFIELD: Thank you. CHAIRMAN KAUFMAN: Thank you, Counselor. Okay. Helen, are we going to start with the stipulations or the motion for extension of time? Your choice. MS. BUCHILLON: It doesn't matter. We can do the extension of time and then the stipulations. January 26, 2023 Page 16 CHAIRMAN KAUFMAN: Okay. Let's do that. MS. BUCHILLON: We have quite a few. Under public hearings, A, from motions, motion for extension of time, No. 1, CESD20220003600, Sanyay Leyva. CHAIRMAN KAUFMAN: This is Bradley? MR. HOLMES: Yep. CHAIRMAN KAUFMAN: He's rushing up to the podium as we speak. And let the record show that the respondent is not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. CHAIRMAN KAUFMAN: Since you're the only one that's here, we'll listen to you first. MR. HOLMES: Well, given that the extension of time requests come from respondents, I don't see it fitting for the county to make any -- CHAIRMAN KAUFMAN: Request. MR. HOLMES: -- testimony or request. CHAIRMAN KAUFMAN: Okay. Is this also on our agenda to be heard today? MS. BUCHILLON: For imposition, yes. CHAIRMAN KAUFMAN: Okay. Well, for the first case, anybody want to make a motion to deny the motion for extension of time on this case? MR. FUENTES: I make a motion to deny the extension of time. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? January 26, 2023 Page 17 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we will hear this case later this morning. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Done. MS. BUCHILLON: Next case under motion for extension of time, No. 2, 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. ALISON: I do. CHAIRMAN KAUFMAN: Okay. You are requesting more time to do whatever you need to do -- MR. ALISON: Correct. CHAIRMAN KAUFMAN: -- is that correct? Do you want to give us a little background? Pull the microphone down, please, and identify yourself. MR. ALISON: My name is Jay Alison, and I'm the managing member for Amigos Naples, which owns the building at 544 Commercial. CHAIRMAN KAUFMAN: And you have their permission to testify today? MR. ALISON: Correct. January 26, 2023 Page 18 MR. WHITE: He has the authority. MR. ALISON: Yes. CHAIRMAN KAUFMAN: Okay. MR. ALISON: Yes. And so this case started some while ago, and we have since engaged Al Quattrone of Quattrone & Associates to do plans for the improvements that were made to the building that were not permitted. We have finally received the permit based upon those plans, and we got that, I think, around Christmas. The plans -- so we now have it. We're about a couple weeks down the road, and we now started -- we've posted the permit, and we've started construction on the changes that need to be made. One thing I do want to note is that we have -- as part of this, we've agreed to install a fire alarm system. It was something the county requested. We've engaged a fire alarm company who will be doing that. They'll be submitting for a permit here shortly; that's a separate permit from the fire alarm service. I've been advised that there was some concern about supply chain issues on the components, the circuit boards for the fire alarm. I don't have a date on when that can be completed. The other parts of the change, which is the physical changes to the building itself, those are started now, and those should be done in a fairly short order. CHAIRMAN KAUFMAN: Let me cut to the chase. MR. ALISON: Sure. CHAIRMAN KAUFMAN: How much time are you requesting for an extension? MR. ALISON: I would request 90 days. CHAIRMAN KAUFMAN: Okay. And the county, what do you say to that? MR. CATHEY: No objection. January 26, 2023 Page 19 CHAIRMAN KAUFMAN: Okay. Any questions, comments from the Board? MS. ELROD: With the supply chain issues, you're sure 90 days will cover it? MR. ALISON: I don't know. I mean, I just -- I'm not in that business, but this is what the fire company has said to me concerning the circuit boards, and I think there was a big concern about some activity they were involved in post hurricane. I don't know if that's impacting this at all. CHAIRMAN KAUFMAN: Well, if 90 days is not sufficient, you can always come back and -- MR. ALISON: Okay. CHAIRMAN KAUFMAN: -- ask for an extension of time. MR. ALISON: Sure. MR. RUBENSTEIN: I make a motion to accept the extension. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: I'll second that. MR. FUENTES: Second. MR. LETOURNEAU: Just to clarify, it is an extension or a continuance? CHAIRMAN KAUFMAN: It's an extension. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? January 26, 2023 Page 20 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. ALISON: Thank you. MR. WHITE: And just for clarification purposes, the fines will continue. MR. CATHEY: No. MR. WHITE: I'm sorry. MR. CATHEY: The fines have not started. MR. WHITE: Thank you. MR. ALISON: Fines have not started yet, right? CHAIRMAN KAUFMAN: No, we haven't heard the case yet. MR. ALISON: All right. Very good. Thank you. CHAIRMAN KAUFMAN: Well, we're two for two. MS. BUCHILLON: Can you make a motion so we can withdraw the imposition of fines? MR. FUENTES: I'll make a motion to withdraw the imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: And it's seconded by Kathleen. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which brings us to a few -- let's see, three, six, eight January 26, 2023 Page 21 stipulations. MS. BUCHILLON: Okay. First stipulation, under hearings, No. 3, CESD20220003174, Olympia Park A Land Condominium. MR. MOORE: Good morning. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MOORE: Yes. MR. ORTA: Yes. MR. COLLIER: Yes. CHAIRMAN KAUFMAN: Can you both state your name on the microphone for us. MR. MOORE: William Moore. I'm the property manager for Olympia Park Owners Association. CHAIRMAN KAUFMAN: Okay. And? MR. ORTA: My name is Diego Orta, and I own Diego Signs. CHAIRMAN KAUFMAN: Okay. Why don't you give us a rundown on exactly what this is. MR. COLLIER: For the record, Adam Collier, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of 59.28 incurred in the prosecution of this case and abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the signs within 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, January 26, 2023 Page 22 Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You think you can meet these timelines? MR. MOORE: I believe so, yes, sir. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. MOORE: Thank you. MR. COLLIER: Thank you. MS. BUCHILLON: Next stipulation, No. 5, CELU20220007487, Shannon Wilkinson and Kathalina Wilkinson. MR. MIGAL: Oh, he's not here. THE COURT REPORTER: Do you swear or affirm the January 26, 2023 Page 23 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. Let the record show the respondent is not present. MR. MIGAL: Okay. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record for us? MR. MIGAL: I will. Therefore, it is agreed between the parties that the respondent shall, No. 1, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store desired items in a completely enclosed structure within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is there a lot of stuff to be cleaned up there? MR. MIGAL: Yes. CHAIRMAN KAUFMAN: And how much time? I don't have my sheet in front of me. How much time? January 26, 2023 Page 24 MR. MIGAL: I gave him 60 days, but this case has been open for a while. He's kind of sat on his hands with this, so I really didn't want to give him any more time. I want to push him. CHAIRMAN KAUFMAN: I understand. MS. ELROD: I'll make a motion to accept the stipulation as written. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. MR. RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: And you have a question. MR. RUBENSTEIN: Do we have any pictures of this? MR. MIGAL: Yes, there are in the case. MR. LETOURNEAU: Without the gentleman being here to object to these pictures, I don't know if that would be -- MR. WHITE: If the form of the motion is to approve it and you're not satisfied, Mr. Rubenstein, about voting in favor of the motion because you don't have those, you're certainly entitled to vote against it. MR. RUBENSTEIN: No. I like to see what I'm voting for. MR. LETOURNEAU: The -- for the record, Jeff Letourneau, Collier County Code Enforcement. Normally the respondent would be here. I don't think it would be wise to view the pictures without them having first say at it, whether or not they would object. CHAIRMAN KAUFMAN: Let me see if I can -- just, basically, what kind of stuff was there? MR. MIGAL: There's a section that he -- he runs a landscape business, and he brings -- this was part of the problem. He was bringing the vegetative refuse to his property, accumulating it, then have a company come in and haul it away. That's ceasing -- that's ceased, but the refuse -- the original pile of refuse, part of it is still there. That's one of the things. He has building materials, he has January 26, 2023 Page 25 irrigation pipes, a number of things laying around, and some general just debris that -- CHAIRMAN KAUFMAN: And the property's located in a residential area? MR. MIGAL: It's an Estates -- an improved Estates zoned property. CHAIRMAN KAUFMAN: And this is a violation of that? MR. RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. Lee, does that make you happy? MR. RUBENSTEIN: I'm fine with that. CHAIRMAN KAUFMAN: Great. Okay. We have a motion and a second to approve the stipulation. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MIGAL: I'm also for the next one. CHAIRMAN KAUFMAN: Oh, you are? Well, we'll have to swear you in again. MR. MIGAL: It's also the same respondent as well. Not here. CHAIRMAN KAUFMAN: Okay. This one is? MS. BUCHILLON: Number 6, CEV20220007485. CHAIRMAN KAUFMAN: Unlicensed vehicles. THE COURT REPORTER: Do you swear or affirm the January 26, 2023 Page 26 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. CHAIRMAN KAUFMAN: Okay. This is similar with unlicensed vehicles. How much time did you give him on this one? MR. MIGAL: Same; 60 days for the same reason. CHAIRMAN KAUFMAN: How many vehicles are there? I won't hold you to the number. MR. MIGAL: Six. CHAIRMAN KAUFMAN: Six vehicles? And what was his response to this? Did he say he was going to get rid of them? MR. MIGAL: He is. A couple of them are his brother's, and he was allowing him to keep them on the property. So there's -- the bottom line is, yes, he's planning on getting rid of everything and coming into compliance. CHAIRMAN KAUFMAN: Okay. These were unlicensed? MR. MIGAL: And inoperable, depending. CHAIRMAN KAUFMAN: Okay. I understand. All right. Sixty days. MS. ELROD: I'll make a motion to accept the stipulation as written. 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. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? January 26, 2023 Page 27 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Just for the record on this one, it's $50 a day, and then the operational costs of 59.21. MS. BUCHILLON: Next case -- I mean, next stipulation, No. 22, CESD20220007429, Gary E. Groat and Kathleen A. Groat. MR. LETOURNEAU: Helen, that's you. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. GROAT: I will. MR. SCHMITT: I do. MR. PACKARD: I do. CHAIRMAN KAUFMAN: Could you both state your name on the microphone for us, please. MR. GROAT: My name is Gary Groat. MR. SCHMITT: My name is Eric Schmitt with Renovations Plus. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: For the record, Jason Packard, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Jason, you want to read the stipulation into the record for us? MR. PACKARD: Yes, sir. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the unpermitted shower renovation within 90 days of this hearing, or a fine of $200 per day will be imposed January 26, 2023 Page 28 until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; That is 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 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. Ninety days or $200-a-day fine. You understand the stipulation as you agreed to? MR. GROAT: Yes, I understand it. CHAIRMAN KAUFMAN: Okay. Any problem meeting those dates? MR. GROAT: Not at this point, as long as the permit process proceeds timely. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. January 26, 2023 Page 29 Good luck. MR. GROAT: Thank you. MS. BUCHILLON: Next stipulation, No. 23, CESD20220005381, PBS Land Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MR. BAMSKI: I do. MR. JAUREGUI: I do. CHAIRMAN KAUFMAN: Can you both state your name on the microphone for us, please. MR. BAMSKI: Peter Bamski. I'm the owner of the property. MR. JAUREGUI: Edgar Jauregui. I'm the builder helping the build -- helping to build it back. CHAIRMAN KAUFMAN: Okay. So you own the property, and you're doing some building, okay. Jonathan, you want to read the stipulation into the record for us. MR. MUSSE: Yes, sir. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. 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; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the room additions and alterations to the dwelling within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation's abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; January 26, 2023 Page 30 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. When I was looking at this, you said there was a shower that wasn't permitted or something? MR. MUSSE: No, I think that was a prior case. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: It's a room addition. CHAIRMAN KAUFMAN: This is converting a garage into living space, and et cetera, et cetera. MR. BAMSKI: Correct. CHAIRMAN KAUFMAN: Okay. A hundred and twenty days. You believe you can get everything done in 120 days? MR. BAMSKI: I believe so. If we need an extension, I'll reach out. CHAIRMAN KAUFMAN: In other words, if you can't meet the 120, you'll be back here asking? MR. BAMSKI: Correct. CHAIRMAN KAUFMAN: And you'll show us -- MR. BAMSKI: Exactly. CHAIRMAN KAUFMAN: -- progress -- MR. BAMSKI: Uh-huh. CHAIRMAN KAUFMAN: -- that you've pulled permits, et cetera, et cetera? MR. BAMSKI: Definitely. MS. RUIZ: I have a question, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MS. RUIZ: Is there anyone living in the property? MR. BAMSKI: Yes. January 26, 2023 Page 31 MS. RUIZ: Who's living in the property? MR. BAMSKI: People that are renting there currently. MS. RUIZ: You're renting the property? MR. BAMSKI: Yes. MS. RUIZ: And you're sub-renting to someone else the garage portion? MR. BAMSKI: It's -- I mean, every part of the property's perfectly safe. MS. RUIZ: Well, this I have a problem with. Because everything else you're doing here is out of the code, and if something happens to the person that's living in the house or in the garage, it's a big problem. MR. BAMSKI: Nobody's living in the garage. MS. RUIZ: Not only to your property, but to the adjacent properties. So, you know, I -- MR. BAMSKI: Well, there's nobody living in the garage. I bought the property the way it was. On the outside, there was a door which it was just covering the wall. So the reason I took the door out, because there was no garage, and I put a window in its place. And the property has been like this for, I don't know, 15 years maybe, maybe more, and I actually made that space safer. MS. RUIZ: When was that? MR. BAMSKI: I'm sorry? MS. RUIZ: Before the hurricane or after? MR. BAMSKI: Before the hurricane. MS. RUIZ: Before? MR. BAMSKI: I believe so, yeah, before the hurricane. MS. RUIZ: So, actually, is there anybody living in the garage right now that you're renting? MR. BAMSKI: In the home, yes. It's never -- CHAIRMAN KAUFMAN: They're living in the home, but January 26, 2023 Page 32 they're not living in the portion that -- MR. BAMSKI: Correct. CHAIRMAN KAUFMAN: -- you are converting into living space? MR. BAMSKI: Yeah. CHAIRMAN KAUFMAN: Okay. MR. BAMSKI: Uh-huh. CHAIRMAN KAUFMAN: Jonathan, do you want to clear this up for us a little bit? MR. MUSSE: I've never been inside the dwelling, only observed the exterior room additions from the outside. Upon my inspection, I saw that there was a wall. When you go on realtor.com prior, before they purchased the property, you can see the garage door. So I can't confirm or deny if it was converted prior to the purchase of the property. But there was interior photos from realtor.com. I mean, without a building inspection, it didn't look unsafe, but I can't confirm or deny that it was unsafe. MR. FUENTES: Were you denied entry? MR. MUSSE: I only spoke -- this is the first time I met with the property owner. I only spoke with the tenants. The tenants didn't feel comfortable letting me inside. CHAIRMAN KAUFMAN: Okay. I think Zully's question is, basically, if people are living in a facility or space that has electrical work that's being done or has been done in that space and it hasn't been inspected, that could be a safety problem. But if they're not living in that space, if they're living in the existing home, which was CO'ed, then it shouldn't be a problem for 120 days until they can resolve their building permits, et cetera. MR. MUSSE: Understood. So there is two additions that I cited. It was the garage conversion, and there's a room addition in the rear right of the dwelling that I can't confirm or deny if someone's January 26, 2023 Page 33 utilizing that space as living space at this time. CHAIRMAN KAUFMAN: Well -- MR. BAMSKI: If you'd like to, we could answer. I could answer. CHAIRMAN KAUFMAN: Okay. Why don't you answer that. Is anybody living in that space? MR. BAMSKI: Which space? MR. JAUREGUI: In the garage. Nobody lives right now there, just in the two places whatever it was before he buy the property. MS. RUIZ: Do you have insurance in this property? MR. BAMSKI: I'm sorry? MR. RUBENSTEIN: Do you have insurance in this property? MR. BAMSKI: I do. MS. RUIZ: Can you show evidence? MR. BAMSKI: Well, I have to -- yeah, I can provide it at some point. MR. WHITE: I would just note for the record, Ms. Ruiz, that that's not necessarily relevant to whether there's a violation or not, but I understand the point of your question. And if both you gentlemen could please help us with the spelling of your name, your last name, sir. MR. BAMSKI: B-a-m-s-k-i. MR. WHITE: Bamski. And you, sir? MR. JAUREGUI: J-a-u-r-e-g-u-i. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: So, in summary, you are now, your project, if you will -- MR. BAMSKI: Correct. CHAIRMAN KAUFMAN: -- is to permit the conversion of January 26, 2023 Page 34 garage into living space. MR. BAMSKI: Correct. CHAIRMAN KAUFMAN: There are certain requirements that bring that elevation and all the rest of that stuff to mind. MR. BAMSKI: Yeah. CHAIRMAN KAUFMAN: So hopefully you can do this in the 120 days. If not, you'll be back here -- MR. BAMSKI: Definitely. CHAIRMAN KAUFMAN: -- showing us what you have done if you can't complete it in 120 days. MR. BAMSKI: Yes. CHAIRMAN KAUFMAN: In the meantime, we have a motion. MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Excuse me. I made a clerical error on the name of the land trust. I put PBS instead of PSB. CHAIRMAN KAUFMAN: On my -- PSB on ours, so... MR. MUSSE: Okay, cool. CHAIRMAN KAUFMAN: Okay. We won't argue over one letter. So we have a motion. We have a second. All those in favor? MS. ELROD: Aye. MR. BLANCO: Aye. MR. AYASUN: Aye. MS. RUIZ: No. MR. RUBENSTEIN: No. CHAIRMAN KAUFMAN: Opposed? MR. FUENTES: Aye. MR. RUBENSTEIN: No. MS. RUIZ: No. January 26, 2023 Page 35 CHAIRMAN KAUFMAN: One, two -- opposed? MR. AYASUN: No, I'm for. CHAIRMAN KAUFMAN: So for. One, two, and opposed 1, 2, 3. You have a comment? MR. FUENTES: No. MR. RUBENSTEIN: I have one comment. CHAIRMAN KAUFMAN: So the motion for a stipulation is denied. Yes. MR. RUBENSTEIN: Is the electric on this structure all off of one breaker box, or are they separate? MR. MUSSE: That -- I didn't see the breaker box. MR. FUENTES: He didn't have access to the property. MR. BAMSKI: Out of a single. MR. RUBENSTEIN: Okay. MR. BAMSKI: Yeah. Everything has been there since pretty much original. And when I came in, I pretty much made the place definitely cleaner. I mean, the condition when I bought it, it was just -- it kind of felt dirty. We paint it. I made it definitely nice and safe. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Would it help if we added remove the electricity immediately from the garage conversion until the CO is issued? Would that sway any of the members of the Board that voted against this stipulation? MR. RUBENSTEIN: Absolutely. I think that would prevent any problem. CHAIRMAN KAUFMAN: Zully? MS. RUIZ: No. CHAIRMAN KAUFMAN: She still says no. MR. FUENTES: If we can guarantee that Jonathan Musse can January 26, 2023 Page 36 get access to the property. MR. LETOURNEAU: I believe this gentleman already said that he's going to allow Mr. Musse access. MR. FUENTES: That's fine. MR. LETOURNEAU: John, do you have the means to change your stipulation right now? MR. MUSSE: Yeah. MR. LETOURNEAU: Can you guys go work on that, and then we'll see some other cases while they're doing that. CHAIRMAN KAUFMAN: Go hide out in the hall. Come back when you get the words through, and we'll take care of it at that time. MR. BAMSKI: Definitely. MR. LETOURNEAU: Thank you. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Good suggestion, Jeff. MR. WHITE: So the motion would be at this time to table No. 23. CHAIRMAN KAUFMAN: Okay. Get a motion to table Item 23 -- MS. ELROD: And 24. CHAIRMAN KAUFMAN: -- until they come back. MS. BUCHILLON: And 24. CHAIRMAN KAUFMAN: And 24. MS. BUCHILLON: They're both there. No? MR. WHITE: Yes, that's fine. CHAIRMAN KAUFMAN: Okay. We have a motion? MS. ELROD: Motion to table. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. MR. RUBENSTEIN: Second. January 26, 2023 Page 37 CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: Next stipulation, No. 17, CESD20220005160, Brent D. Perrine and Mona R. Perrine. MR. PERRINE: Hi, good morning. MR. FUENTES: Good morning. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. PERRINE: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. PERRINE: Yeah. I'm Brent Perrine. CHAIRMAN KAUFMAN: Okay. You're the owner of the property? MR. PERRINE: Yes, sir. CHAIRMAN KAUFMAN: Okay. And, Ryan, do you want to read the stipulation into the record for us, please. MR. CATHEY: Yes. For the record, Investigator Ryan Cathey, Collier County Code Enforcement Board. January 26, 2023 Page 38 Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted structure and columns within 120 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 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: Okay. Can you just, in quick summary fashion, explain what the structure was in front of the building? MR. CATHEY: It's a shed-type accessory structure. CHAIRMAN KAUFMAN: Which was in front of the building? MR. CATHEY: I'm sorry? CHAIRMAN KAUFMAN: Which was the violation that was -- MR. PERRINE: Sir, I could -- I could kind of clarify it. CHAIRMAN KAUFMAN: Go ahead. MR. PERRINE: It started off as a shed. It got a little bigger than I thought it was going to get. And I've been building a long time, so I should have really known better that I should have gotten a permit. The guy that I had helping me do it actually burned me for January 26, 2023 Page 39 four grand and called Code Enforcement. I could have gone my whole life -- because I do a lot for my neighborhood. It wouldn't have bothered anybody where it's at. To find out when I did the layout, I was -- a four-foot corner was encroaching on, you know, the front towards the road. I've already taken care of that, and I'm waiting on a survey to show that correction just so I can submit my permit, because if I submit it, I'm just going to get rejected right now. But I'm on it. I would have already had this done, but everybody has let me down that I've gotten to get me to the finish line. So I'm back in track to get this out of my hair, so... CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MR. PERRINE: Great. Thank you. I appreciate you guys. MS. BUCHILLON: Next stipulation, No. 25, CESD20200012753, John C. Delgado and Yelenys Delgado. January 26, 2023 Page 40 CHAIRMAN KAUFMAN: This is the last stipulation, right? MS. BUCHILLON: Uh-huh. 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. PACKARD: I do. MR. DELGADO: Yes. MR. WILLIAMS: I do. CHAIRMAN KAUFMAN: Could you state your name on the record for us. MR. DELGADO: My name is Carlos Delgado, the owner of the property. CHAIRMAN KAUFMAN: Okay. MR. WILLIAMS: My name is Asher Williams. I'm a wetlands ecologist consultant for Mr. Delgado. CHAIRMAN KAUFMAN: Okay. And, Jason, do you want to read the stipulation into the record for us, please. MR. PACKARD: Yes, sir, for the record, Jason Packard, investigator, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by obtaining all required Collier County approved mitigation plans, building permits, inspections, and certificates of completion/occupancy to either keep the unpermitted improvements of the property as-is or to restore the property to its originally permitted condition within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; January 26, 2023 Page 41 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. So you started to do something -- MR. DELGADO: Yes. CHAIRMAN KAUFMAN: -- and you should not have started it until you had gotten ahold of your compatriot there to take care of the situation. Now that you have, you have light at the end of the tunnel to tell when you this is going to be taken care of? MR. WILLIAMS: Yeah. We anticipate this probably being done within the six months, but we will have an option to request an extension before then, is that correct, as long as we demonstrate progress? CHAIRMAN KAUFMAN: Yes, yes. MR. WILLIAMS: Okay. So, yeah, we've made some progress. We ultimately just need to establish a restoration plan that can be provided by the Department of Environmental Protection and for Jason's review, and progress is being made as we speak. CHAIRMAN KAUFMAN: Okay, great. MS. ELROD: I make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion. MS. RUIZ: I'll second that. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. January 26, 2023 Page 42 MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WILLIAMS: Thank you. MR. DELGADO: Thank you. CHAIRMAN KAUFMAN: Okay. So, Helen, that brings us up to? MS. BUCHILLON: Under public hearings, No. 19, CESD20220007421, Joel Budd and Kathleen Budd Trust. MR. RUBENSTEIN: What number is this? 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. PACKARD: I do. MR. BUDD: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us, please. MR. BUDD: Joel Budd. CHAIRMAN KAUFMAN: Okay. We'll start with Jason. MR. PACKARD: Thank you, sir. For the record, Investigator Jason Packard, Collier County Code Enforcement. This is in reference to Case No. CESD20220007421 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), shower remodel without Collier County building permit. Violation's located at 8949 Malibu Street, Unit 302. Folio No. 64635400260. January 26, 2023 Page 43 Service was given on September 13th, 2022. This case originated as a referral from Contractor Licensing, Case No. CECV20210009236. On October 19th, 2021, Contractor Licensing Investigator Shawn Lyons performed an inspection of the shower. His property research revealed that no permits had been applied for, and a determination by the Collier County chief building official determined that a permit was required. The case was referred to Code Enforcement Board, and notice of violation was posted to the property and the Collier County Courthouse on September 6th, 2022, yeah, as well as mailed to the property owners via certified mail. As of today, no permits have been applied for, and the violation remains. I would now like to present case evidence: An aerial photo of the property from Collier County Property Appraiser, two photos from Contractor Licensing Investigator Shawn Lyons on October 19th, 2021, and a determination from the Collier County building official. CHAIRMAN KAUFMAN: Has the respondent seen these photos? MR. BUDD: I haven't seen anything. CHAIRMAN KAUFMAN: Okay. Would you like to show the respondent the photos or, Jeff, you can show him. MR. LETOURNEAU: Jason, I'm looking at -- if you look up at the screen here, you've got -- which -- MR. PACKARD: Either one, the PDF or -- they both work. MR. LETOURNEAU: Okay. Let's just see what we've got here. Okay. This is the aerial. That's the pictures, and then -- MR. BUDD: When are those pictures from? MR. PACKARD: Those are from the Contractor Licensing investigator on 10/19/2021. MR. WHITE: Were those ever produced into record in front of January 26, 2023 Page 44 the Contractors Licensing Board? MR. PACKARD: That I am not aware of, no, sir. MR. WHITE: Thank you. MR. BUDD: I'm a little confused, because I think that's about the date I bought the property, and I looked at it. When I went to look at it in early September of 2021 -- CHAIRMAN KAUFMAN: Before you -- what we want to know is, is that a picture of the unit? MR. BUDD: It appears to be a picture of our -- our bathroom. I never saw it look like that, though. CHAIRMAN KAUFMAN: So my question is, do you object to these pictures being shown and entered into evidence before us? MR. BUDD: I guess I would object, because I don't think they were from October 19 of 2021, and I'm not sure if that's my bathroom because that -- I know it didn't look like that. MR. WHITE: What was the date of notice of violation? MR. PACKARD: It was mailed to the respondent September 6th, and we received a green card back on 9/13. MR. WHITE: September 13? MR. PACKARD: Yes, sir, 2022. MR. WHITE: And what was the date of the photo? MR. PACKARD: October 19th, 2021. CHAIRMAN KAUFMAN: Did you own the property in '21? MR. PACKARD: I believe that was my purchase date is October 19th, 2021. CHAIRMAN KAUFMAN: Okay. MR. WHITE: So the pertinent question, Mr. Chairman and Board members, is whether at the time the photograph was taken, was it a reasonable representation of what existed. And if you're okay with it looked that way to the best of your knowledge on the date that you bought it as opposed to the date that you were advised January 26, 2023 Page 45 that there's a violation, then -- MR. BUDD: My understanding, this work was done a couple years before I purchased the property, so that picture must have been from, I don't know, maybe 2019 or something. I purchased the property, and the shower, everything, was perfect condition. I've used it for two years. There hasn't been any problems. So I don't know anything about this work or any of the pictures. MR. WHITE: Okay. MR. BUDD: So I'm -- that's why I'm kind of confused. I'm a snowbird. I come down in the winter, you know, the last two winters a little bit. I'm not here often. And I don't know anything about this work. CHAIRMAN KAUFMAN: Okay. The way the law is, if you bought the property and there was a violation, you own the violation as well. Just -- MR. BUDD: Well, that's what Jason was trying to explain to me. CHAIRMAN KAUFMAN: Right, okay. MR. BUDD: If I could, I've been trying to get contractors -- MR. WHITE: Sir, before we hear the evidence in the case, we need to know whether as of October 21 -- October 20th of '21, did that photo represent what it looked like on that date? MR. BUDD: That does not represent that bathroom, no. MR. WHITE: No, no. You're not hearing the question, sir. I'm asking you, does that photo represent what it looked like in October of '21? Not today. MR. BUDD: No, that's what I'm saying. It did not look like that. MR. WHITE: In October of '21? MR. BUDD: It did not. When I first looked at the property, it was September of 2021, and it did not look like that. January 26, 2023 Page 46 CHAIRMAN KAUFMAN: Let me go back a little bit. Contractors Licensing was out there for some reason. MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: You had conversation with Contractors Licensing? MR. PACKARD: Upon reviewing the case, the previous property owner contracted a gentleman who was unlicensed and uninsured to perform the work. The work was performed, and I believe there was a discrepancy in price, and so she contacted Contractor Licensing to correct the issue, and then Contractor Licensing referred the case to us. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I have a question, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Was this violation written on the day that this gentleman closed on the property? MR. PACKARD: No. The case was opened -- I believe there were two cases. There was a previous case for the contractor that performed the initial work, and then there was a second contractor, and this is the second -- the second case, the CECV2021 is the second case. CHAIRMAN KAUFMAN: This was the second case of the Contractors Licensing Board? MR. PACKARD: For this property for the Contractor Licensing. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: All right. I'll continue. Sir, when you bought the property -- MR. BUDD: Yes. MR. RUBENSTEIN: -- did you do a walk-through inspection the day or two before? January 26, 2023 Page 47 MR. BUDD: We did. MR. RUBENSTEIN: Was the bathroom in that condition at that time? MR. BUDD: It was not. MR. RUBENSTEIN: It was not? MR. BUDD: It was not in that condition, no. Everything was in working order. This tile, everything looked, you know, new, and everything looked good. MR. RUBENSTEIN: What condition was the bathroom in when you closed on the property? MR. BUDD: Just usable condition. It was in perfect condition. MR. WHITE: Do you know whether there was a permit issued for that work or not? MR. BUDD: I was -- Jason told me there's never been a permit. I did ask him that question at one point. MR. WHITE: So to the best of your knowledge and understanding, you do not know whether a permit was issued or not; is that correct? MR. BUDD: I do not. I have no idea, yeah. MR. WHITE: Okay. MR. RUBENSTEIN: I guess, just to clear my mind a little bit, if the bathroom wasn't in that condition prior to him closing on his walk-through inspection, then the change in the bathroom happened once you owned it; is that correct? MR. BUDD: No, it happened long before I owned it. MR. RUBENSTEIN: Well, that's what I just asked you. You said no. MR. BUDD: Oh, I thought you said no it was in the condition of the pictures. MR. RUBENSTEIN: Was the bathroom, prior to you closing January 26, 2023 Page 48 on the property, in repaired stage? Was it being repaired? MR. BUDD: It was not being repaired, no. MR. RUBENSTEIN: So the picture doesn't represent what it actually looked like? MR. BUDD: It does not. MR. RUBENSTEIN: Okay. Thank you. MR. BUDD: That's what I -- CHAIRMAN KAUFMAN: So we haven't gotten to see a picture yet, so we can't judge one way or the other on that, or I can rule that the picture is apropos and enter it into evidence based on the picture being taken and presented to Contractors Licensing, which I will do. Contractors Licensing is not going to go out and take a picture of a different bathroom and then file a case against the respondent. So I believe, if our attorney wants to comment on that, I can accept the photo anyhow. MR. WHITE: I believe that's correct. CHAIRMAN KAUFMAN: Okay. And I do. Okay. So Contractors Licensing went out. There, for some reason, whether they had a fight over price or whatever it was, they found that the individual who was doing the work was not licensed. It has nothing to do with you, but he was not licensed. And in that particular case, you do need a license. The building -- the head building person for Collier County has stated that that requires a licensed person to do it, if I'm not mistaken. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: If you're going to discuss that, as well as the substance of what the photos may have reflected, I believe you would be advised to -- CHAIRMAN KAUFMAN: Take a vote. January 26, 2023 Page 49 MR. WHITE: -- admit that into evidence; have a motion and admit into evidence. CHAIRMAN KAUFMAN: Okay. I'd like someone to make a motion to include the photo into our evidence. MR. WHITE: As well as the building official's. CHAIRMAN KAUFMAN: As well as the building official. MS. ELROD: I'll make a motion to accept the photos. MR. RUBENSTEIN: Second that, please. CHAIRMAN KAUFMAN: Okay. And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Who was the building official? MR. PACKARD: I believe at the time it was Jonathan Walsh. CHAIRMAN KAUFMAN: Okay. Who's still there? MR. FUENTES: Yeah. MR. LETOURNEAU: No, he's gone. MR. PACKARD: He's gone. CHAIRMAN KAUFMAN: He's gone? MR. PACKARD: Fred Klum. MR. WHITE: The building official's document is an official record and would come in even over an objection as a business record. CHAIRMAN KAUFMAN: Okay. January 26, 2023 Page 50 MR. LETOURNEAU: Okay. We're starting off with the aerial. Obviously a condominium-type situation here. CHAIRMAN KAUFMAN: Okay. Now, I'm having a hard time -- this picture here is showing me the floor has been under repair; is that correct? MR. LETOURNEAU: I don't know. CHAIRMAN KAUFMAN: What am I looking at? MR. LETOURNEAU: It looks like, I think -- this is for a shower pan, correct, replacement or -- MR. PACKARD: Yes. MR. LETOURNEAU: Yeah. So I believe probably this area was being worked on at some point? MR. WHITE: I'd suggest to the Chair and the Board members that the relevance of this image is simply to indicate whether the scope of work was something that would require a building permit or not, and if it did, as per the building official's document that's now admitted into evidence -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- you're at a place where the determination is only with respect to whether a building permit was properly obtained and issued or not. CHAIRMAN KAUFMAN: Okay. MS. ELROD: He already said that. MR. LETOURNEAU: And these are the same -- these are the same pictures that Mr. Walsh looked at to make the determination. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: In fact, he signed a picture as you see coming down here. CHAIRMAN KAUFMAN: What am I looking at in that picture? MR. LETOURNEAU: And I would say -- and correct me if January 26, 2023 Page 51 I'm wrong, Jason -- it's probably the back end of over here on that shower pan right here? MR. PACKARD: That's correct, sir. CHAIRMAN KAUFMAN: Okay. That's the hot and cold water into the shower. MR. LETOURNEAU: It just looks like -- yeah, in a condo unit you need to get this permitted. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And then Mr. Walsh signed that particular picture, "permit required -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- July 29th, 2022." CHAIRMAN KAUFMAN: Okay. Any other pictures? MR. LETOURNEAU: That's it. CHAIRMAN KAUFMAN: Okay. So, Jason, do you have anything else for us? MR. PACKARD: I have a recommendation. MS. ELROD: There was no permit. MR. LETOURNEAU: Not yet. CHAIRMAN KAUFMAN: Okay. Let me get to the respondent first. So you have a shower that, for whatever reason, whenever it was done, was not permitted. MR. BUDD: Okay. CHAIRMAN KAUFMAN: And it wasn't permitted probably because the person who was doing the work was not licensed. If you're not licensed, you can't get a permit. So that -- (Cell phone rang.) MR. AYASUN: That's you. CHAIRMAN KAUFMAN: I'm not here. MR. FUENTES: That's a code violation, sir. January 26, 2023 Page 52 MR. WHITE: And I'd just note for the record that if you -- regardless of whether the individual was licensed or not, the failure to get the permit is what is before the Board today. CHAIRMAN KAUFMAN: Okay. MR. WHITE: The fact that whatever work was done, whenever it was done, by whomsoever it was done and whomsoever at the time owned the property is immaterial. What is material to your consideration today is whether the work that was done was done without a permit, and because this gentleman acquired the property, regardless, again, of when, who, where, why, if you find that a violation exists, it's his to correct and deal with. CHAIRMAN KAUFMAN: There is one thing that comes up, whether the work was done before the respondent owned the property or not is the solution can be done by affidavit. If it was done before he owned the property, he would only need an affidavit to get this thing -- am I correct, Jeff? MR. LETOURNEAU: That is correct. If this was done prior to your owning the property, the Building Department normally would allow a permit by affidavit. If they found out that you actually did the work, then they would not allow you to do that. CHAIRMAN KAUFMAN: Okay. So I just wanted to make that clear. It might make things easier for you. MR. BUDD: What is a permit by affidavit? I mean, I want to get this resolved, obviously. CHAIRMAN KAUFMAN: You go to an architect, he says, yeah, that looks good, and he signs off on it, or you present the paperwork, and that's it, rather than pulling a building permit, going through all the inspections, et cetera. MR. WHITE: An architect, an engineer and, if the building official will accept it from a general contractor, those may be appropriate for affidavit by permit. January 26, 2023 Page 53 MR. BUDD: Okay. MR. WHITE: The reason you need a permit, regardless, is because this is a condominium dwelling. If it was an owner/builder permit circumstance for a single-family, you could have potentially gotten an owner/builder permit. But because this is a commercial form of construction, because it's a condominium, you're required to have a contractor do the work who's licensed. And someone will have to -- that's a qualified professional -- determine that the work that has been done was done according to code. MR. BUDD: Okay. CHAIRMAN KAUFMAN: Okay. So before we go any further, there was obviously no building permit that was issued for this. The head of -- Jonathan Walsh signed off that it was required. So I'm going to ask the Board whether they think a violation existed or not. MS. RUIZ: I believe a violation existed, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. And I need a motion to that effect. MR. FUENTES: So, Mr. Budd, unfortunately, the property you purchased just has an issue that needs to be addressed. But, unfortunately, at the same time there is an issue. There is an issue, there is a violation at hand, so we will have to make that motion. I would make a motion that a violation does exist. MR. AYASUN: Second. MS. RUIZ: And I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. January 26, 2023 Page 54 CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Jason, do you have a suggestion for us? MR. PACKARD: Yes, sir. Recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificates of completion/occupancy for the shower remodel within X number of days of this hearing, or a fine of a X dollars per day will be imposed until the violation is abated; Respondent must notify the Code Enforcement investigator when the violations have 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 it's up to the Board now to determine how much time and what the fine is if he exceeds that time. MR. FUENTES: So I'll want to throw in my two cents real quick. Again, Mr. Budd, I understand it's an inconvenience and you probably feel it's very unfair; I understand that. So I'm going to try my best here. I would like the Board to consider the fact that this gentleman bought a property that he was unaware that was in January 26, 2023 Page 55 violation. I would like to suggest that we waive the operational costs for this hearing here. I think that he's being blindsided by something he had purchased thinking he was just going to come home and live there, and that we be lenient with the operational -- I mean, with the fines and the days that he needs to correct his violation. So I'll let you guys make that decision there, but I think we can consider that considering that it sucks to be him right now. It really does. He didn't choose this, you know. MR. RUBENSTEIN: Yeah. I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: That we give the respondent 90 days to get it resolved -- excuse me -- let's go 120 days and $5 per day. CHAIRMAN KAUFMAN: That's $5 per day if he does not meet the 120 days? MR. RUBENSTEIN: Exactly. MR. AYASUN: How about the other charges? He doesn't have to pay the $59? CHAIRMAN KAUFMAN: You're going to waive $59.29 operational costs? MR. RUBENSTEIN: Yes. MR. AYASUN: I second that. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. MS. RUIZ: I'll second that. CHAIRMAN KAUFMAN: Well, that's three seconds we have. That makes it a sixth. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. January 26, 2023 Page 56 MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. As far as getting it done by affidavit, it is in your best interest to explain that this was done before you owned the property, number one. I believe the Code Enforcement officer can help you, point you in the right direction; if not, Renald Paul would be the perfect person to point you in the right direction. Okay. MR. LETOURNEAU: Yes, I'd like to make a statement after we close this. CHAIRMAN KAUFMAN: Okay. This case is closed. MR. LETOURNEAU: I've been here 26 -- going on 26 years now. I just think that the county would object to any future waiving of operational costs due to the fact that somebody purchased a property after the violation occurred, because we've already given these people plenty of time to take care of the violation before we bring it to a hearing. And we're -- we feel at that point they're not trying to come into compliance without the force of a hearing compelling them to come into compliance. I just don't think that waiving the operational costs is a -- is a -- CHAIRMAN KAUFMAN: Something we should consider going forward. MR. LETOURNEAU: -- a good thing to do, yes, I really don't. But that's the county's -- my opinion representing the county. CHAIRMAN KAUFMAN: I happen to agree with you. The time that we've spent here -- January 26, 2023 Page 57 MR. LETOURNEAU: You've got Helen's work, everybody, the investigator's work. And, you know, they haven't come into compliance, and I guarantee that the Contractor Licensing and Jason tried to work with this gentleman for a long time, and he didn't come into compliance. CHAIRMAN KAUFMAN: Okay. Thank you, Jason. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: Well, it's close enough to Terri's break, so we are going to take 10 minutes. We'll be back in 10 minutes. (A brief recess was had from 10:24 a.m. to 10:39 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Helen, do we have another case? MS. BUCHILLON: Yes, sir. We're ready for the stipulations with Mr. Musse. Number 23, CESD20220005381, PSB Land Trust. CHAIRMAN KAUFMAN: Jonathan, you guys worked things out in the hall? MR. MUSSE: We did. Let's try this again. Do you need to swear us in? THE COURT REPORTER: (Shakes head.) CHAIRMAN KAUFMAN: Do you want to -- everybody's been sworn. Do you want to read the revised stipulation into the record for us? MR. MUSSE: Will do. Investigator Jonathan Musse, Collier County Code Enforcement. 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; January 26, 2023 Page 58 Abate all violations by: Vacate the unpermitted garage conversion and laundry room addition and shut off the electricity until the work is completed and the required permits are finaled and issued their certificate of occupancy within four days of this hearing, or a fine of $500 will be imposed until the violation is abated; Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the room addition and alterations to the dwelling within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; 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. I'd like to point out, I made a clerical error. On No. 2, the $500 will be imposed for each day the violation continues. I meant to put that on there. MR. WHITE: Beyond the four days? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Ordinarily, the amount is not that significant on a simple building permit type thing. I just wanted to mention that in passing. MR. MUSSE: Due to the nature, it's unpermitted work with electrical. That's why we upped it to $500 per day. CHAIRMAN KAUFMAN: Okay. The respondent is aware, you discussed with them, that if they need more time before the $500 hits, that they would come back during one of our meetings prior to January 26, 2023 Page 59 that and request additional time. MR. BAMSKI: We're going to meet with Jonathan on Monday. That's when he's going to inspect it. CHAIRMAN KAUFMAN: Okay. Jeff, are you okay with that? MR. LETOURNEAU: I'm just -- I'm just saying it shouldn't take any time to get the electricity off. So I think they probably put it for Monday because that's, you know, considered a weekend. MR. BAMSKI: It's a weekend. It's going to be taken care of before the weekend, but Jonathan's going to be there on Monday to verify it. CHAIRMAN KAUFMAN: Okay. So we have a revised stipulation. Anybody want to make a motion? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: You did a great job. It passes unanimously. MS. RUIZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BAMSKI: Thank you, ladies and gentlemen. January 26, 2023 Page 60 MS. RUIZ: Great job. (The speakers were previously duly sworn and indicated in the affirmative.) MS. BUCHILLON: Next stipulation, No. 24, CEAU20220006876, PSB Land Trust. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. 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; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and a certificate of completion for the vinyl fence within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; That the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have any problems with the vinyl fence situation? MR. BAMSKI: Not at all. CHAIRMAN KAUFMAN: You'll be able to take care of that? MR. BAMSKI: (Nods head.) CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. January 26, 2023 Page 61 MR. AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Thank you, Jonathan. Thank you. MR. BAMSKI: Have a great day. Thank you. MR. JAUREGUI: Thank you. MS. BUCHILLON: Next case, No. 16, CEAU20220005893, Yanelis Hernandez and Eliecer Ramirez. 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. CARLOS RAMIREZ: 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. MARINOS: Yes. MR. HERNANDEZ: Yes. CHAIRMAN KAUFMAN: We're all set. You're going to be translating? MR. CARLOS RAMIREZ: Yes. CHAIRMAN KAUFMAN: Okay. You didn't tell him what I January 26, 2023 Page 62 said. Okay. I know the "si" part, and then you lose me after that. Okay. Do you want to --it's your case? MR. MARINOS: Yes, sir, it is. CHAIRMAN KAUFMAN: Okay. Have at it. MR. MARINOS: Good morning. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220005893 dealing with the violation of Florida Building Code, 7th Edition, Chapter 1, Part 2, Section 105.1, located at 2096 50th Terrace Southwest; Folio 36116640001. Service was given on June 24th, 2022. This case originated as a complaint. On May 27th, 2022, I received a complaint for a property with multiple structures allegedly erected without a permit. Upon site visit, I observed a perimeter fence surrounding the property, including a small fence in the rear along the canal. A building determination conducted on June 17th, 2022, found that a permit would be required for the fence, or the fence would have to be returned to its previously permitted state. A notice of violation was prepared and served on June 22nd, 2022. Mr. Carlos over here, the owner's son, has worked with me in intending to gather the required permits and maintained good contact throughout the investigation. Mr. Ramirez attempted to utilize a permit preparation service which failed to produce the required permits for him at this time. Permit PRFW20221255411 was applied for on December 9th, 2022, but remains in incomplete application status at this time. Violation remains. I would like to now present case evidence in the following exhibits: Two pictures by myself showing initial conditions and an additional picture taken yesterday showing current conditions. January 26, 2023 Page 63 CHAIRMAN KAUFMAN: Okay. Has the respondent seen the pictures? MR. MARINOS: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the pictures? MR. CARLOS RAMIREZ: He hasn't seen it. He would like to see it. THE COURT REPORTER: Can I get your name? MR. CARLOS RAMIREZ: Yes. Full name, Carlos Ramirez. THE COURT REPORTER: Do you object? MR. CARLOS RAMIREZ: Yeah, he can show them. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the pictures. MS. ELROD: Make a motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: That will be the front fence. MR. LETOURNEAU: Initial picture, correct? MR. MARINOS: Initial conditions, yes, sir. This is the fence in the rear, and then this is just showing the full January 26, 2023 Page 64 fence and kind of along the side as well as it stands yesterday. CHAIRMAN KAUFMAN: So the fence is on the left-hand side of the picture? MR. MARINOS: Yes, sir, as well as the far side of the picture. CHAIRMAN KAUFMAN: Okay. MR. CARLOS RAMIREZ: He has an objection. So he was saying the only thing that doesn't have a permit is the back -- the rear fence. The rest, it does have a permit, and it was done with Octavio Fabian, and it is in the records. CHAIRMAN KAUFMAN: Okay. And the violation is just on the rear, right? MR. MARINOS: The violation is for the fencing, in general. The rear fence is the portion that it was determined that doesn't have a permit. The side portions are both part of two other permits that are a little bit iffy, but we're working with him. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Mr. Chairman, what is that in the back of the picture? Right there? Is that a fence? A building? What is it? MR. MARINOS: That was part of a separate case that is being handled separately. MR. LETOURNEAU: I believe that's this right here, right, the back of this? MR. MARINOS: No, it's actually the other side. MS. RUIZ: That extended -- (Simultaneous crosstalk.) MS. RUIZ: -- all the way inside of the property. THE COURT REPORTER: I'm sorry. MR. WHITE: One at a time. CHAIRMAN KAUFMAN: Whoa, whoa, whoa. Time out, folks. One at a time. MS. RUIZ: What is that? January 26, 2023 Page 65 MR. CARLOS RAMIREZ: He's saying there was a shed there; that it was removed. MS. RUIZ: That's eight foot, 8-foot fence? What is it? MR. MARINOS: No, that is a 6-foot fence. MR. CARLOS RAMIREZ: That's the neighbor's fence. It's not ours. MS. RUIZ: Oh, that's the neighbor's fence. MR. MARINOS: Yes. MS. RUIZ: It's an 8-foot fence. MR. MARINOS: No, ma'am. MS. RUIZ: It's more than six feet. CHAIRMAN KAUFMAN: It's the neighbor's. It doesn't matter. Okay. So -- MR. WHITE: Just point of order, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Is he objecting to the photos coming in, or is he just providing testimony in his defense? MR. CARLOS RAMIREZ: No. He was just saying that there was a shed there that was removed already, and that the rear fence is the only one not permitted, that it was -- but he's currently working with Octavia. Survey was submitted, and they're only missing the easement agreement, that it was signed, and it needs to be uploaded to the portal. That's pretty much it. MR. WHITE: Understood. So there is no objection to what's been admitted into evidence? MR. CARLOS RAMIREZ: That's correct. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. So, obviously, the respondent is aware that the rear fence was in violation -- MR. MARINOS: Yes, sir. January 26, 2023 Page 66 CHAIRMAN KAUFMAN: -- and has subsequently applied for a permit? MR. MARINOS: Yes, sir. There's a -- there was other cases involved as well. All of those of are resolved. This is the last one outstanding. CHAIRMAN KAUFMAN: Okay. So what we're waiting on now is that permit to be issued? MR. MARINOS: Yes, sir. MR. WHITE: It's been issued. MR. MARINOS: I'm sorry. The permit has been issued. We're waiting for the final -- no, I'm sorry. CHAIRMAN KAUFMAN: Inspection? MR. MARINOS: It has not been issued. Let me take that back. The permit is in incomplete application status, currently unissued. We're waiting for the permit to get into issued status and then, obviously, CO'ed. CHAIRMAN KAUFMAN: Okay. Can you explain that? MR. CARLOS RAMIREZ: Yes, that's right. CHAIRMAN KAUFMAN: Okay. So our job right now is to find out whether a violation exists. We need a motion to that effect one way or the other. Anybody want to make a motion? MR. FUENTES: I will make a motion that a violation does exist. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. January 26, 2023 Page 67 CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, you have a suggestion for us? MR. MARINOS: Yes, sir. THE COURT REPORTER: Can you read slower? MR. MARINOS: Yes, ma'am. The recommendation is that the Special Magistrate order the respondent -- MR. LETOURNEAU: That's a typo. It's supposed to be Code Enforcement Board. MR. MARINOS: Yeah. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted fence within blank amount of days, or this hearing will fine -- of this hearing, or a fine of X amount per day will be imposed until the violation is abated, and 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 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 it comes down to, basically, how long does it take to get this permit issued and January 26, 2023 Page 68 enforced. Do you have any idea of how long that would be? MR. MARINOS: Speaking of the individuals handling the permits, they tend to take a longer amount of time than I think they should. CHAIRMAN KAUFMAN: Would you say 30, 60, 90, three years, what? MR. MARINOS: Sixty days should be enough, more than enough. CHAIRMAN KAUFMAN: Okay. So 60 days, okay. So does anybody want to fill in the blanks? If not, I will. One hundred twenty days should be more than enough time to get the permit active, or a fine of $50 a day thereafter. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have 120 days, four months, to get the permit done. If you need more time, come back to the Board, let us know what's going on, and I'm sure the Board would certainly be in favor of granting more time so that you don't have to pay any fines. MR. AYASUN: Plus pay the $59 -- CHAIRMAN KAUFMAN: 59.28. MR. AYASUN: Thirty days. January 26, 2023 Page 69 MR. WHITE: Just a point of information, if I may. I'm not sure which of the two gentlemen's name you gave before, whether it was yours or his. MR. CARLOS RAMIREZ: Mine. MR. WHITE: And what is this gentleman's name? MR. CARLOS RAMIREZ: Eliecer Ramirez, the owner. MR. WHITE: Thank you. MR. AYASUN: Eliecer Ramirez. CHAIRMAN KAUFMAN: Okay. Any other questions? Comments? (No response.) CHAIRMAN KAUFMAN: Jeff, I see you mouthing -- MR. LETOURNEAU: No. CHAIRMAN KAUFMAN: Okay. Very good. Thank you very much. MR. CARLOS RAMIREZ: Thank you. MS. BUCHILLON: Next case, we're going to old business, motion for imposition, No. 2, CESD20210011573, Bayshore Suites, 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. JOHNSON: I do. MR. ALLEN: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. ALLEN: Todd Allen. I'm the attorney for Bayshore Suites, LLC. CHAIRMAN KAUFMAN: Okay. And Mr. Johnson with the new hip. His hip is one month older than mine. Okay. So what we have here is multiple locations -- structures. January 26, 2023 Page 70 Why don't you explain what we've got, John. MR. JOHNSON: Do you want me to read from the imposition of fines? CHAIRMAN KAUFMAN: Yeah. MR. JOHNSON: Okay. So the violation here is Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The location is 3200 Bayshore Drive, Naples, Florida. The folio is 48171320008. The description is: Multiple locations of modifications that are being made to the structures on this parcel are being done without the required permitting. This includes external modification to the stilt home and internal modifications to the multifamily structure. Past orders: On March 24th, 2022, 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, OR6110, PG 3953, for more information. On September 22nd, 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 January 26th, 2023. 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 January 26th, 2023, 188 days, for a total fine amount of $37,600. Fines continue to accrue. The previously assessed operational costs of $59.21 have been paid. The operational costs for today's hearing, $59.49, for a total amount of $37,659.49. CHAIRMAN KAUFMAN: Okay. Counselor. MR. ALLEN: Yes, thank you, Mr. Chair. I was here in the -- for the September hearing, and the Board January 26, 2023 Page 71 graciously gave us a period of time to secure a contractor. Unfortunately, as we all know, Hurricane Ian hit shortly thereafter, and it's been nearly impossible to find a contractor to get on the project to start doing the work. What I would just respectfully request from the Board is a short 30-day window to wrap up and find a contractor to do this. We've had some conversations with some that are going to come out and look at the property in the next couple of days. I think we can probably make some significant progress within that 30-day period. CHAIRMAN KAUFMAN: Do you think that getting a new contractor will clear this case up? MR. ALLEN: I do, because I think getting a new contractor will pull the -- who will pull the permits, close them quickly, go through the process and wrap it up -- I mean, candidly, you guys are all great, but you've got better things to do than deal with me. MR. FUENTES: I don't believe 30 days is going to suffice. There's too much work out there from Cape Coral, and a lot of these contractors aren't even following through. MR. ALLEN: I agree. MR. FUENTES: They'll come, take a look, make an assessment. If they money's there, they'll do it. If it's not compared to all the flood damages, they're not going to come. MR. ALLEN: Yeah, I agree. I'm experiencing that as well. I just -- I make that request for a short period out of the concern for the length of this violation. I don't want to be, you know, demanding -- overly demanding of the Board to -- we just want to wrap this up as fast as we possibly can. CHAIRMAN KAUFMAN: Well, typically, when you would ask for 30 days, we would probably grant you a lot more time -- MR. ALLEN: Sure. CHAIRMAN KAUFMAN: -- considering you're working on January 26, 2023 Page 72 it. And, Jeff, did you have a comment on this or not? MR. LETOURNEAU: No, I was going to say what Mr. Fuentes said, 30 days is not a reasonable amount of time at this point. CHAIRMAN KAUFMAN: I agree. What do you think a reasonable request would be? MR. FUENTES: I think, due to the volume of damage, and it's a lucrative time for contractors -- I don't know what your project looks like, but I'm going to be honest here, I think six months. I mean, I have contractors even for my own stuff that are scheduled out for two to three months and -- yeah, that's my opinion. I think six would be fair, and that would probably involve some of the permit process as well for you guys, which is going to naturally take some time. MR. ALLEN: Sure. CHAIRMAN KAUFMAN: So 180 days? MR. LETOURNEAU: Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: The county doesn't object to any continuance at this time, but I will -- I would like to point out that this case is way older than Hurricane Ian and that nothing was done before the hurricane. So I would hope you guys would take that into consideration down the road when these fines are eventually imposed. MR. FUENTES: Well, let's do four months then. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Mr. Chairman, as a matter of fact, I was just thinking, you know, what could be done in this case. It's taken a very, very long time. Are we allowed to introduce maybe a new objection to this by saying if he pays some money on what he owes January 26, 2023 Page 73 on the fine, is that acceptable by the county? CHAIRMAN KAUFMAN: No. There's no negotiation here. This is what it is. If you want to make a motion -- you were in the process of making a motion for 120 days. Why don't you make your motion, and we'll see if that flies or not. MR. FUENTES: It would be a continuance, correct? CHAIRMAN KAUFMAN: Continuance. MR. FUENTES: So I make a motion to give a continuance of 120 days. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Four months. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? MS. RUIZ: No. MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. Two nays. It passes 1, 2, 3 -- 4-2, right? MR. ALLEN: Thank you. CHAIRMAN KAUFMAN: Okay. Four months. Again, if you are approaching the four months and you're not there, I heartily suggest that you come back and talk to the Board at that time. MR. ALLEN: Will do. Thank you, Board. CHAIRMAN KAUFMAN: Zully, and your comment, we can't negotiate. It's -- what it is is it is [sic]. January 26, 2023 Page 74 MS. RUIZ: Thank you, Mr. Chairman. I appreciate -- MR. RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: How does this continuance affect the upcoming imposition of fines on the same case coming up? CHAIRMAN KAUFMAN: This is continued. Fines continue to accrue. It's a continuance. So the fines -- so next time, instead of being 37,000 will be 40,000, or whatever it is. MR. RUBENSTEIN: We're going to be asked to discuss this coming up? CHAIRMAN KAUFMAN: That's correct. Not today. MR. RUBENSTEIN: What's that? CHAIRMAN KAUFMAN: Not today. MR. LETOURNEAU: When the county brings it back -- when they get it completed or they don't get it completed, the county will bring it back for another imposition. (Simultaneous crosstalk.) MR. RUBENSTEIN: -- is going to be attached to the continuance. CHAIRMAN KAUFMAN: That's correct. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Good luck to you. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Our next case, Helen, is? MS. BUCHILLON: Next case, No. 8, CESD20200002525, James M. Altenburg. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. ALTENBURG: I do. MR. MARINOS: I do. January 26, 2023 Page 75 CHAIRMAN KAUFMAN: Give me a minute to -- found it. Okay. MR. AYASUN: Altenburg? CHAIRMAN KAUFMAN: Yes. MR. AYASUN: Cherry Wood Lane. CHAIRMAN KAUFMAN: Okay. Chuck, you want to read this into the record for us? MR. MARINOS: Yes, sir, I certainly will. For the record, Investigator Charles Marinos, Collier County Code Enforcement. Past orders: On October 29th of 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. On March 24th, 2022, the Code Enforcement Board granted an extension of time. See the attached orders. MR. LETOURNEAU: Chuck, her fingers are burning up over here. MR. MARINOS: Understood. The violation has not been abated as of January 26th, 2023. Fines have continued to accrue at a rate of $200 per day for the period from September 25th, 2022, to January 26th, 2023, 124 days, for a total fine amount of 2,000 -- $24,800. Previously assessed operational costs of $59.28 have not been paid. I'm sorry -- correction. He paid them yesterday. This document is not reflecting that yet. Operational costs for today's hearing are $59.49, for a total amount of $24,859.49. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Is that -- that final sum, is that including the previously assessed operational costs, or do we have to subtract January 26, 2023 Page 76 that 59.28 off of there? MR. MARINOS: I believe we need to subtract the 59.28 off. MR. LETOURNEAU: Okay. Well -- so it's going to be 24,800.21; is that right? CHAIRMAN KAUFMAN: While you're working on -- MR. MARINOS: $24,800.21. CHAIRMAN KAUFMAN: Let me just write this down. 24,800.21; is that correct? MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: Okay. Now, sir, the violation has not been abated, so give us your -- MR. WHITE: Could you please state your name on the record. MR. ALTENBURG: James M. Altenburg. MR. WHITE: Thank you. MR. ALLEN: I got a bad throat, so -- Whenever it started a long time ago, I hired a contractor, paid him complete to finish everything. As soon as he stuccoed the pool, he took off. He said the pool cage would be out 30 to 60 days at the time, so let's stucco it, and you can get swimming, and I'll get a slap on the hand. The pool was supposed to be black, and it's white, so -- he said, don't worry about it. It will change colors. So some time went by, and the town came to me and said that you have to close out these permits. Because it's your property, you have to close them out. You're responsible. They talked me into -- Renald said, we'll wrap this up in two weeks' time. Don't worry about it. So it all went like that. The plumbing had to get fixed. The electric, the whole house had to get -- every single thing that that guy touched had to get fixed. It got down to a point where my neighbors came to me and said, you know, you've got to protect that pool. So I built a cage for the pool. January 26, 2023 Page 77 A cage has never been really mentioned up until everybody was -- don't worry about the cage. Don't worry about the cage. CHAIRMAN KAUFMAN: Did you get a permit for the cage? MR. ALTENBURG: I would assume I did because I paid for everything, including the cage, all right, under Schlesinger, all right. That's what I would assume. A few months ago I paid a hundred bucks for something. He said, go out and pay that. So I have no idea. But that's a good point, Your Honor, because now, yesterday -- well, sometime during the hurricane -- before the hurricane Renald said, okay, let's deal with the pool cage. It won't be a big issue. Just come up with a drawing the best you can. Because it's a wooden structure, you can do whatever you want. Now, a few weeks went -- few months went by, and we had another meeting. The building inspector was right there at the meeting, and they said, how do we proceed? He goes, it's a wooden structure. A homeowner can do whatever he wants. Inspect it as a wooden structure. Off we went. Hurricane right at -- somewhere right around the hurricane, I get a notice saying that I have to get a stamp on the drawing, an engineered stamp because the guy that they turned it over to in your department didn't understand the cable system. So I sat there and I go, okay. So now it got to this notice. And I called up Brad, and I said, Brad, I go, I'm getting kind of tired of this. How do we end this? I go, do I put up this little toy fence, you know? You drill a hole, stick a pole in it, wrap it around. I go, will that get me off the hook, and he said, yeah, and we'll take down the screen that I put up. I started looking into this fence. Drill a hole, put this thing in. They were showing three-year-old kids hitting the fence and knocking the thing down. And I'm going, wait a minute. I go, this can't -- this can't be right. January 26, 2023 Page 78 So I sit there and I go, my screen enclosure made it through the two hurricanes so far. My neighbor's blew down. They're all looking at mine; mine didn't even jiggle, not even the screen. So yesterday I turned to the -- Renald, had another meeting with him, and I said, well, what do we do? And he goes, well, discuss it with the guy that doesn't understand your cable system. So we had a conversation. And he said, no. He goes, I want that stamped, and that's all that's to it. And I said, you're going to rather have this little toy screen? And another inspector came up and said, I would never approve of that. So now I'm sitting here going, okay. So back when I got noticed that -- about the cables, that I had to get the stamp, it was around the hurricane. You can't find anybody that even wants to even look at it, an engineer, to get a stamp. You can't even get one to talk to you, all right. So to me, the cage that's up there -- there are several people in the Building Department that have pictures of it, been there, looked at it, and I've never heard a bad comment come out of anybody. They all think it's pretty impressive, actually. So I'm sitting here asking that the cage stays because I don't have any money, not to buy this toy fence -- CHAIRMAN KAUFMAN: Let me interrupt you a second. I don't want to belabor this, but this case was heard in October of 2021. MR. ALTENBURG: Yeah. CHAIRMAN KAUFMAN: So I don't need to hear the whole case all over again. In October of '21, you were cited for having an unpermitted pool and, to date, you have an unpermitted pool -- MR. ALTENBURG: Yep. CHAIRMAN KAUFMAN: -- okay, with fines that are accruing, and you've already racked up around $25,000 worth of January 26, 2023 Page 79 fines. I appreciate that you went to Renald to try to resolve this, but the first thing on my mind is, can somebody wander into that pool, or is it protected by a fence? MR. ALTENBURG: It's protected by a screen enclosure. CHAIRMAN KAUFMAN: Okay. An unpermitted -- MR. ALTENBURG: It made it. CHAIRMAN KAUFMAN: -- is that correct? MR. ALTENBURG: I tell you, I paid Schlesinger. CHAIRMAN KAUFMAN: It doesn't matter to me whether you paid for it or not. MR. ALTENBURG: But it it's been permitted then. I mean -- CHAIRMAN KAUFMAN: No, no, no, no, no. You paid the contractor to put it in. MR. ALTENBURG: Right. CHAIRMAN KAUFMAN: Then after the contractor puts it in, there are inspections made, and eventually you get a CO on that structure. So whether you paid the contractor a dollar or a million dollars doesn't affect this case. You still are in the position of an unpermitted pool, and I'm not so sure that that pool, if you had neighbors' kids wander in, if they could find their way into that pool or not. MR. ALTENBURG: Well, they can't. I mean, Brad can testify. Where's Brad? Even he saw it and was pretty impressed with it. MR. RUBENSTEIN: Mr. Chairman, I have a question. CHAIRMAN KAUFMAN: Shoot. MR. RUBENSTEIN: Is this pool operational as of yesterday? MR. MARINOS: I believe the pool is currently full of water, correct? MR. ALTENBURG: Yes. January 26, 2023 Page 80 MR. MARINOS: It is. MR. RUBENSTEIN: And there's power to it, and it's running? MR. LETOURNEAU: If I may, the pool -- MR. RUBENSTEIN: All right. MR. LETOURNEAU: The pool permit has -- inspections are completed on the pool permit. The only holdup on the pool permit is they can't CO the pool permit due to the fact it doesn't have a Florida Building Code barrier. There is a permit in reject status for that wooden pool cage. That's why we're here right now, so... CHAIRMAN KAUFMAN: Do you have the reason for the rejected -- is it probably that stamp that you're talking about? MR. LETOURNEAU: I can dig it up. MR. ALTENBURG: I'm told it's because he didn't understand the cable system. MR. MARINOS: I have the corrections letter open. MR. ALTENBURG: And every pool cage just has those things in the corner. MR. MARINOS: The correction comment was for engineer design. It requires an actual engineer drawing. CHAIRMAN KAUFMAN: An actual what? MR. MARINOS: Engineer drawing, engineer design. CHAIRMAN KAUFMAN: Okay. Do you have an engineer drawing on this? MR. ALTENBURG: Renald told me to produce the best drawing that I can produce/draw because it's a wooden structure, and so I did. That got turned in. And I had the -- we were in this meeting, and he just said, well, it's a wooden structure. He can do whatever he wants. Then they turned it over to somebody else that said I want the stamp. CHAIRMAN KAUFMAN: Well, that's probably the January 26, 2023 Page 81 engineering drawing. It's stamped by a licensed architect -- MR. LETOURNEAU: I have it up right here. CHAIRMAN KAUFMAN: -- or an engineer. MR. LETOURNEAU: And it's -- that's what it is. Renald's not here to, you know, speak his piece as far as this goes, but there must have been some miscommunication, because I can't see Renald just saying bring a simple drawing in for a pool cage. I just -- I find that hard to believe, to be honest with you. MR. ALTENBURG: That's how -- MR. LETOURNEAU: I mean, a pool cage is a Florida Building Code item that, you know, has to meet massive standards. MR. ALTENBURG: I quote Renald: It's a wooden pool page, and a homeowner can do whatever they want. MR. LETOURNEAU: Okay. MR. WHITE: It still has to comply -- MR. ALTENBURG: I mean, I'm only doing what I was told to do. MR. WHITE: Sir? MR. RUBENSTEIN: Mr. Chairman, I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: All right. CHAIRMAN KAUFMAN: Before -- okay, go ahead. I'm sorry. MR. RUBENSTEIN: No, go ahead. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: No, no, I was -- MR. WHITE: We're at the point we're considering imposing fines, okay. CHAIRMAN KAUFMAN: Imposing fines or granting enough time -- MR. WHITE: To continue, understood. January 26, 2023 Page 82 CHAIRMAN KAUFMAN: -- to review what Renald Paul and -- MR. ALTENBURG: I'm broke, so it doesn't matter what you do. MR. LETOURNEAU: Can I ask Brad a question? CHAIRMAN KAUFMAN: Sure. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. LETOURNEAU: Do you feel that the current status of this pool cage is a safety issue? MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. So the pool cage has been in place since the beginning of the code case, and it's never -- it's -- the safety of the pool as far as access by children or incapable individuals has never been an issue. It satisfactorily protects the pool. CHAIRMAN KAUFMAN: So you agree with what Jeff just said, that it's safe? MR. HOLMES: Yes. MR. LETOURNEAU: So having said that, the county is not objecting to any form of a continuance at this time. Obviously, the gentleman got screwed by a contractor at some point. He's been trying to get things taken care of. You know, I don't know about what Renald and him had any conversations on, but I would like to be able for him to be able to clear this up at this time with a reasonable amount of continuance. CHAIRMAN KAUFMAN: Okay. And I understand. Lee wants to make a motion. I would just preface your motion by maybe giving him sufficient time, like 30 days till our next January 26, 2023 Page 83 meeting, to get with Renald Paul and drag him over here or whatever needs to be done -- MR. ALTENBURG: I met with him yesterday. CHAIRMAN KAUFMAN: -- to resolve this situation. We're down to the end. Everything's there. It just needs a stamp. MR. LETOURNEAU: Yeah. He needs engineer drawings, it looks like, and once they accept those, I think the cage gets CO'ed and the pool gets CO'ed at that point. CHAIRMAN KAUFMAN: Okay. So, Lee, go ahead. MR. RUBENSTEIN: I'm going to revise my thoughts on my motion. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: My motion is to allow a 30-day extension for all open -- CHAIRMAN KAUFMAN: Continuance. MR. RUBENSTEIN: -- continuance, excuse me, for all open issues to be resolved. CHAIRMAN KAUFMAN: And I'll second your motion. MR. RUBENSTEIN: And all fines shall continue. CHAIRMAN KAUFMAN: To accrue. When you grant a continuance, that automatically is the case. MR. RUBENSTEIN: Okay. Thirty days. CHAIRMAN KAUFMAN: Gotcha. MR. ALTENBURG: Excuse me. Every -- CHAIRMAN KAUFMAN: Okay. Make it six days. MR. ALTENBURG: Every engineer that I've talked to just laughed and said, you know, come back to me in a year or two years. I mean, you tell me who to go to, I'll go to them. CHAIRMAN KAUFMAN: That's your -- your responsibility. I can't help you there. Hopefully Renald can. We can go from there. January 26, 2023 Page 84 We have a motion. We have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? MS. ELROD: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Two opposed. It passes. So you have a month. Get ahold of Renald. Maybe he knows somebody. MR. ALTENBURG: He doesn't. I asked him yesterday. CHAIRMAN KAUFMAN: Okay. Well, I don't know what to tell you, but we'll see you next month. MR. AYASUN: In a pickle. CHAIRMAN KAUFMAN: Okay. Thank you, gentlemen. MR. MARINOS: Thank you. MR. ALTENBURG: Thank you. Am I -- MR. FUENTES: See that young lady right there. MR. AYASUN: She has a contractor. MS. BUCHILLON: Next case, No. 9, CEVR20210009573, Peter Grant Pohlmann, Jr., and Vania Pohlmann. MR. AYASUN: This is all out of order. CHAIRMAN KAUFMAN: Yes, it is. 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. NEGRA: I do. MR. POHLMANN: I do. MR. WHITE: Would you mind stating your name for the record, sir. MR. POHLMANN: Peter Grant Pohlmann, Jr. I go by Grant. January 26, 2023 Page 85 CHAIRMAN KAUFMAN: This is 130 56th Bald Cypress. MR. WHITE: Yes. MR. POHLMANN: Correct. MR. NEGRA: Yes, sir. CHAIRMAN KAUFMAN: All right. MR. NEGRA: For the record, John Negra, Collier County Code Enforcement investigator. Okay. Past orders: On April 28th, 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, OR613, PG2933, for more information. The violation has not been abated as of January 26th, 2023. Okay. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for the period from November 24th, 2022, to January 26th, 2023, 64 days, for a total fine amount of $3,200. Fines continue to accrue. Previously assessed operational costs of 59.35 have been paid, operational costs for today's hearing is $59.28, for a total amount of $3,259.28. CHAIRMAN KAUFMAN: Okay. Sir? MR. POHLMANN: Yes. Just to kind of start from the beginning quickly, I purchased the house. Next to it this was a vacant lot, but 13088, my wife and I purchased as well. And when we were doing a lot of landscaping, a lot of really, really mature oak trees that hang over on the house part, the vacant lot, we cleared land -- or we cleared some trees because we were going to fill up -- bring fill in thinking that we're always going to plan to build our dream house next door. We've lived in -- it's in Quail Creek. We've lived in there for January 26, 2023 Page 86 seven years, and when -- and it was completely my fault. I just -- I just thought that it would be, you know, our yard, and nothing would survive there because it was about two -- it requires about two feet of fill. So it's the only house in there that's never been -- or only lot in there that's never been improved, so completely my fault. So then what? So it was an eyesore because they told me I had to stop. I couldn't, you know, fill it. So, you know, I wanted to be a good neighbor, and so I graded it, and I even planted grass and fertilizer and maintain it every month just so it looks nice. But, you know, that was the violation. That was my fault, and so we had the agreement knowing that I was always going to build my house, that I was going to submit plans for approval for -- to build, and then that would negate the violation. And I think I was given 180 days to do that. I've since have all the plans, however -- and paid for everything. The structural trusses are the only thing that's remaining. But all the plans are here. And, unfortunately, I had to reallocate time and finances to another project that -- we have a marina in downtown Fort Myers that all 44 boat slips were completely destroyed, and so now we're in the process of reallocating time. I would have been owner and builder on my home. But I would ask for, you know, some extra time to be able to refocus on the house and time and finances to do that. CHAIRMAN KAUFMAN: How much time do you think you need? MR. POHLMANN: You know, I would love to have the marina back in place and cash flowing and all that, but, you know, we're not going to have that built probably for four or five, six months. So I'd ask, you know, six to eight months to be able to submit plans and get going on the build of my house. CHAIRMAN KAUFMAN: So as I read this, and correct me if January 26, 2023 Page 87 I'm wrong, there were 20 trees that were taken down without a permit? MR. POHLMANN: Yes. CHAIRMAN KAUFMAN: How -- what size is this lot? MR. POHLMANN: Like, an acre. CHAIRMAN KAUFMAN: Okay. MR. POHLMANN: Plus or minus a little. CHAIRMAN KAUFMAN: Good. Because if you have -- MR. POHLMANN: It's like -- it was, like, two-and-a-half feet low, so I knew that nothing would survive there. There wasn't any native -- we discussed that the last time I was here. There wasn't any -- you know, the cypress things, but 20 was probably high but, I mean, regardless I shouldn't have -- I shouldn't have taken them down anyway. CHAIRMAN KAUFMAN: Well -- so you could either plant 20 trees there, which are going to die based on -- MR. POHLMANN: Correct. CHAIRMAN KAUFMAN: -- what you're saying, or if you pulled a building permit on a structure, you're allowed to clear up to an acre. MR. POHLMANN: Uh-huh, yeah. CHAIRMAN KAUFMAN: So -- MR. POHLMANN: And in that, you know, part of the plan's not only the home, but the hardscape plan. It's really -- it's our -- you know, it's a really custom home that we've been looking forward to building for a long time, but part of that also is hiring a designer for not only the hardscapes, the pool and all that, but it's a significant landscaping plan as well. So there's, you know -- and it's going to look beautiful, and the guy's done a lot of commercial and residential jobs for me before. MR. WHITE: So may I inquire, Mr. Chairman? January 26, 2023 Page 88 CHAIRMAN KAUFMAN: Sure. MR. WHITE: You'd indicated that with respect to the building plans you're intending to submit, the only item that seemed to be outstanding was for truss plans? MR. POHLMANN: The structural truss plans from Cronin, yes. It's already been paid for. And we should have them -- I don't know when they're going to have them ready, but -- MR. WHITE: You believe it would take six to eight months for them to complete those plans for you to submit? MR. POHLMANN: No. It's -- you know, I could submit the plans, and I'd be lying to you if I say I'd be prepared to start on building and grading and bringing in fill, and that really goes to just from a personal standpoint, I need the time. MR. WHITE: Well, my understanding is it's the issuance of the permit that authorizes, if you will, the clearing. It isn't to CO. MR. POHLMANN: Correct. MR. WHITE: So, again, my question was, in order for you to submit and have your application completed and a building permit issued, the only thing you have left is to obtain the truss -- structural truss plans being approved; is that correct? MR. POHLMANN: That is correct. MR. WHITE: And how much time do you believe that will take to accomplish? MR. POHLMANN: I don't know. Frankly, I've -- I haven't spent time on this project for a while; however, I've spent funds on it. But say I had the structural plans here with me in, you know, a month, two months, whatever that is, then I would -- yes, I could submit it, but at the same time, then, if something changes and I'm not able to start building, then I guess I'd be kicking the can down the road to the Building Department. MR. WHITE: Your Building Department is good for six January 26, 2023 Page 89 months and, typically, you can obtain an extension for another six with good cause shown. MR. POHLMANN: Uh-huh. MR. WHITE: So what I'm trying to do is to assist you in being able to convince this board of what a reasonable period of time is to potentially grant a continuance. MR. POHLMANN: And I guess I just go back and say, you know, I wouldn't feel comfortable committing to a project like that, impact fees and things like that, until -- give me a chance to -- I'm coming out of pocket quite a bit, you know. There's no insurance funds coming for, you know, a $3 million dock, an 11,000-square-foot first floor that's been completely destroyed, and it's all cash, you know, producing property, so it's hurtful, and it's -- you know, it needs to put other projects on the back burner, and I would just ask -- CHAIRMAN KAUFMAN: I would think the first thing that you want to put on a back burner is this violation, which is accruing fines at $50 a day. So I think what our attorney has said -- I mean, you can drag a permit out to build a house for years. As a matter of fact, most houses take a year, custom house. MR. WHITE: I think the gentleman's point, Mr. Chairman, is that the financial impact of the fees and other aspects of what it would cost to have the permit issued, regardless of the structural truss plans being completed and approved, is what his threshold concern and problem is due to the lack of cash flow because his business has been essentially destroyed by Ian; is that correct? MR. POHLMANN: Yes, more or less. MR. RUBENSTEIN: Mr. Chairman, I have a question for this gentleman. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Between April and this was written January 26, 2023 Page 90 up -- and the hurricane was in September. That's five months -- can you tell me what you did to resolve this problem during that five-month period prior to the hurricane? MR. POHLMANN: Sure. I've completed the plans that the -- from the architect. I've paid Architectural Land Design for the hardscapes of the pool and the landscaping, and total out of the pocket to date is $68,250. MR. RUBENSTEIN: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. You're between a rock and a hard place, so... MR. POHLMANN: Can I ask some guidance? CHAIRMAN KAUFMAN: Lee asked what you did before, and you started the ball rolling. I mean, your impact fees on this property are going to probably be around 30 grand. I'm familiar with -- someone's building a house next to me. There's never been a house there before. It's about an acre. So one way or another, you've got to resolve this. MR. POHLMANN: And I would just ask for some time to have -- MR. FUENTES: What do you think you need time-wise? MR. POHLMANN: I would -- I'd ask for six months to be able to have -- I mean, I think, without a doubt I'll be in a much better position to be able to move forward confidently with the plans that we've already made and wouldn't have to change the plans, you know, to reduce the scale or anything that I might have to do to -- MR. RUBENSTEIN: Have you submitted to FEMA or any federal agency for any grant money to repair your marina? MR. POHLMANN: We -- MR. RUBENSTEIN: Because you said it's uninsured. MR. POHLMANN: No, the docks. The boat docks are uninsured, yes. January 26, 2023 Page 91 MR. RUBENSTEIN: Okay. MR. POHLMANN: There's a half-a-million-dollar FEMA policy that should be awarded, but that has since taken place. And then we're hoping for the wind damage to -- our wind damage policy to trigger business interruption and some of the things that we had blown off the roof. You know, we have large kitchens, and it's a restaurant as well. So those are all things that we hired an insurance -- MR. WHITE: Public adjuster. MR. POHLMANN: -- yeah, advisor to help us through the process, and he has a lot of other properties as well that he's doing it for. And I asked him, well, when do you think we can expect something, and none of his answers have been -- MR. RUBENSTEIN: Have you received any money from any agency toward your repairs? MR. POHLMANN: No. MR. RUBENSTEIN: Thank you. MR. FUENTES: Well, your first mistake was hiring somebody besides me, but we'll talk about that later. I would think it's -- I would think it's safe to say maybe we can consider -- it's a lot of damage, and it's going to slow him down. I mean, Jeff, are you -- would a year be something that would be too astronomical here? MR. LETOURNEAU: Let's get to the bottom of it. It's 20 trees. It's not like a life-safety issue. The guy's in a hard spot, and I think he seems pretty sincere. MR. FUENTES: He does. That's why I'm asking if you would be open to that. MR. LETOURNEAU: And I don't think -- you know, if you want to stretch it up to a year, the county wouldn't have an objection at this point. Once he gets the permit issued, this case goes away, January 26, 2023 Page 92 because at that point he'd be allowed to clear that property. CHAIRMAN KAUFMAN: I think the respondent is saying six months, and after six months what's going to happen? You probably would be able to issue this building permit, which would make this case go away. MR. POHLMANN: A year would be great, but if -- CHAIRMAN KAUFMAN: Yeah, five years would be terrific also, but this is not -- MR. FUENTES: Is that what we're doing now? MR. POHLMANN: I don't want to do the scale. Frankly, if I -- you know, I pray that everything's going to go great, and I have no reason to think that it won't, we're the first marina to come out of pocket to get a crane and a barge to remove 40, you know, some boats. We're doing the emergency permit. You know, we're doing everything we can, because we know, you know, the first person that's open is going to be the first marina that's full. So we're -- but it takes a big allocation of funds because there's no insurance funds that are coming our way. So if I need to shrink the scale down to this house -- it is currently the house that we've been dreaming about for, you know, five, six years. So if we're in a position to do the same design, which we're committed to doing, then great, we're full speed ahead. But I need to be responsible for our family as well. MR. FUENTES: I will -- let's see if I can make a motion here, okay. I'd like to make a motion for an extension of -- CHAIRMAN KAUFMAN: Continuance. MR. FUENTES: -- continuance of nine months. CHAIRMAN KAUFMAN: I'll second that. MR. FUENTES: Okay. MR. AYASUN: What about the fine? CHAIRMAN KAUFMAN: Fines continue to accrue. On a January 26, 2023 Page 93 continuance, they continue to accrue. So nine months goes by, that 3,200 you see on the bottom of the page will be dramatically higher. As a matter of fact, $50 times nine months, blah, blah, blah. MR. AYASUN: Nine thousand. MS. RUIZ: I would vote for that if we increase the amount of -- CHAIRMAN KAUFMAN: We have a motion. MS. RUIZ: Okay. CHAIRMAN KAUFMAN: Okay. And we have a second. MR. AYASUN: Second. We have to vote on it first. CHAIRMAN KAUFMAN: We're going to vote on the motion. If it's -- MR. RUBENSTEIN: I'll second John's motion. CHAIRMAN KAUFMAN: I seconded it already, but that's fine. MR. RUBENSTEIN: I'll third it. CHAIRMAN KAUFMAN: We've got a third. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It passes, nine months. MR. POHLMANN: Thank you. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: One note, sir. CHAIRMAN KAUFMAN: You need to go into the business of January 26, 2023 Page 94 selling slightly used boats. MR. POHLMANN: A lot of those boats, they didn't have the outboards on them for some reason, and the storm just blew those off somehow. Thank you. MR. LETOURNEAU: Wow. That's crazy. MR. AYASUN: Yeah, he's a nice guy. MS. BUCHILLON: Next case, No. 11, CESD20210005400, Ronnie Haar. MR. AYASUN: Here we go, searching. MS. ELROD: Which one was this? MS. BUCHILLON: Number 11. CHAIRMAN KAUFMAN: Give me a minute while I root through. 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. MR. HAAR: I do. My name is a Ronald Haar, Jr. CHAIRMAN KAUFMAN: Before you continue, just to correct things, or not correct things, previously assessed operational costs of 59.28 have or have not been paid? MR. MARINOS: Have been paid as of yesterday at 3:00 p.m. CHAIRMAN KAUFMAN: Okay. I just wanted to clarify that. Okay. You want to read this into the record for us? MR. MARINOS: Yes, sir. Past orders: On August 25th, 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 January 26, 2023 Page 95 for more information. The violation has not been abated as of January 26th, 2023. Fines have accrued at a rate of $150 per day for the period from November 24th, 2022, to January 26th, 2023, 64 days, for a total fine amount of $9,600. Fines continue to accrue at this time. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.35, for a total amount of -- MS. BUCHILLON: 9,659.35. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Read that again. MR. AYASUN: 9,659.35. CHAIRMAN KAUFMAN: Gotcha. Okay. Sir? MR. HAAR: Good afternoon, or morning. Yeah, I own the property at 5255 Coronado Parkway. I purchased the property as-is condition. There is a slab there, and somebody built on the wrong property. Somebody surveyed the wrong property. So I put in for permitting in 2020, and that's when economic stuff started happening. I couldn't get a loan because I didn't realize once the property's gone vertical, they will not administer loans, so I have to pay for everything out of pocket. So when I went to close this permit out, to cancel it because I couldn't afford it right now, I'm unable to close it out, the original permit application, because there's already been some building gone on site. But the building was already performed by somebody else, you can see in there, because Jonathan Walsh actually wrote on there that the underground footings and monolithic slabs has been passed by a January 26, 2023 Page 96 previous permit of 2016. So now I'm trying to get -- my old plans are for 2017 building codes. Now my new plans have to be updated to 2020. So I'm in for trusses right now with Raymond Lumber, because -- and get my drawings updated by the engineer. And, like I said, I can't get rid of the old permit because there's been -- building had already happened by the -- you know, by the previous owner of the place. Actually, it wasn't the previous owner. It was surveyed wrong, and I bought it with a slab on there. CHAIRMAN KAUFMAN: Okay. Basically, what we have in front of us is an expired building permit. MR. HAAR: The application was never issued. The permit wasn't. CHAIRMAN KAUFMAN: Okay. That's paperwork that needs to be done, I guess, one way or the other. MR. HAAR: Yeah, corrections and so forth, and it still went on, and I did permit extensions, and it's never -- never got issued officially. CHAIRMAN KAUFMAN: What I am reading here, people living or lodging out of a camper; is that correct? MR. HAAR: Never heard of that until just now. I live in -- I don't live by it. I just get the property maintained with -- every week I have a guy come cut the grass. I don't know anybody that was living there. CHAIRMAN KAUFMAN: Is there anything -- I'm reading the paper, just mobile home or trailer on property not zoned for such use. So they're saying -- this is saying that there's somebody there. MR. MARINOS: Are you sure you have the correct one, because one that's not -- MR. AYASUN: Yeah, 5400. CHAIRMAN KAUFMAN: Yep. January 26, 2023 Page 97 MR. AYASUN: It says very clearly. MR. LETOURNEAU: This is imposition, I believe. It says, expired building permit. CHAIRMAN KAUFMAN: PRBD, blah, blah, blah, expired 5/6/22. People living/lodging out of a camper. I won't even -- I don't have to read the rest of it. MR. MARINOS: I don't have it on mine either. CHAIRMAN KAUFMAN: Is there a camper there? MR. HAAR: No, sir. It's a -- there's an easement in the back for FPL. I don't -- CHAIRMAN KAUFMAN: So we have a misunderstanding here somehow. MR. LETOURNEAU: Hey, Chuck, this is -- for the record, Jeff Letourneau, Collier County Code Enforcement. I believe that the violation is, as Mr. Haar stated, that at some point a contractor built a slab on the incorrect property on Coronado Parkway. MR. HAAR: Yes, sir. I bought it that way, 2016. Jonathan Walsh got it all explained in the permit application. MR. LETOURNEAU: Right. And then we're just here for an expired permit. There's no trailers or anything. I don't know -- I don't know how this is, but right now we're just here for an expired building permit, basically. MR. HAAR: Yeah. There's no trailer nor has there ever been a trailer by my observation on that property. MR. LETOURNEAU: Yeah. I don't know how that paperwork got in there, to be honest with you. CHAIRMAN KAUFMAN: Yeah. Let me cut to the chase. How long do you think it will take you to get the -- you said the trusses? MR. HAAR: New trusses and new plans get drawn up to January 26, 2023 Page 98 conform to 2020 codes. Three months. I don't know. They said trusses are eight to 12 weeks out, but they're always lying, because I just got a set of trusses on a place I'm building six months later than I expected, so... CHAIRMAN KAUFMAN: So if you had four months, that's more than enough time to get yourself done? MR. HAAR: Yes, sir. CHAIRMAN KAUFMAN: I'd like to make a motion to grant a continuance of four months. MR. FUENTES: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Four months. Sorry for the confusion. MR. HAAR: No. CHAIRMAN KAUFMAN: It's the people that push the paper. MR. HAAR: I hear you. MR. MARINOS: Thank you. MR. AYASUN: It's called cut and paste. Sometimes that happens. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Next case, No. 14, CELU20210010367, Iron Ranch Containers, Inc. January 26, 2023 Page 99 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. GIGUERE: I do. MR. MARINO: All right. For the record, Joseph Marino, Collier County Code Enforcement. Past orders: On February 24th, 2022, 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, OR6102, Page 1029, for more information. The violation has not been abated as of January 26th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period from August 24th, 2022, to January 26th, 2023, 156 days, for a total fine amount of $15,600. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing: $59.35. Total amount: $15,659.35. CHAIRMAN KAUFMAN: Okay. I think you're just here for the business, hand out business cards. MR. RUBENSTEIN: Excuse me. Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: I got three cases on the same property with three different case numbers. MR. MARINO: That is correct. There is three. MR. WHITE: They're two different properties, at least by street address. MR. RUBENSTEIN: They're all the same address. Oh, excuse me. Two have the same address. January 26, 2023 Page 100 MR. MARINO: Two have the same address, and then there's the one case for the person next to it, which is owned by the same owner. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: He needs to be arrested at this point. CHAIRMAN KAUFMAN: Yes. These ex code enforcement people. Okay. So why are you still in violation? MS. GIGUERE: For the record, Vicki Giguere, no longer Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: We are here to ask for a continuance. We have made some progress on this property. And as we all know, between the Building Department and the hurricane and everything else that's going on in the world, things are a little slow. So I can give you a little update as to where we are to help your decision. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: The property is owned by one person. There are two properties next door, as Mr. White said. The property owner is already holding an ag exemption from Property Appraiser for both properties. He actually is waiting to hear back from them for an additional ag exemption on these properties. So as of right now, he is standing at just about half of the properties that are under ag exemption. This is for cattle and nursery purposes. He is going to add an additional acre onto each of these properties, which he is allowed to by the Florida Statute for Property Appraiser. So he is now considered to have about an acre and a half of living space on these properties. So there are mobile homes that are there. As of this morning, he has a contractor that is going to install those mobile homes. We have the signatures and paper that we were January 26, 2023 Page 101 missing earlier to rectify -- there was a rejection originally on the mobile home permits, so we now have that paper. We had submitted corrections which were rejected again. But now with that paper, we'll be able to move forward with that. The Health Department has already signed off on these mobile homes, so there is no life and safety issue at this point. They will be used as living quarters. It will be, in a zoning sense, an occupational license for a home office. There will be no employees coming and going for now from this property until he makes it larger down the road. But we're doing baby steps. The vegetation cases that go along with the land-use cases are still open at this point simply because until the permits for the mobile homes are issued, those would allow him on each property an acre of clearance. So we can't determine exactly if there's anything still in violation clearance-wise between the ag exemptions and the mobile homes, so we have to wait until those are issued to finalize the calculations for the vegetation removal. So those are at a bit of a standstill. MR. WHITE: We're only here on the first of the three. MR. LETOURNEAU: But I would ask -- in order to save time, the county wouldn't object to a blanket -- if you deem a continuance, to do the same on all three cases, yes. CHAIRMAN KAUFMAN: Okay. And how much time do you think you'd need to resolve this situation as far as a continuance is concerned? MS. GIGUERE: Well, as much as I love coming before you guys, I would love to request six months for the owner. That could get us just about to the finish line, if not all the way there. And, of course, we could come back if we need a little more time at that point. CHAIRMAN KAUFMAN: Okay. January 26, 2023 Page 102 MS. ELROD: I make a motion to grant six-months continuance -- CHAIRMAN KAUFMAN: Okay. MS. ELROD: -- on all three cases. MS. RUIZ: I'll second that. CHAIRMAN KAUFMAN: We have a motion and second to grant six -- MR. WHITE: Point of order, Mr. Chairman -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- before you vote, I think we simply would need to have Helen read in 15 and 16 to the record so we can go ahead with the form of the motion. MR. LETOURNEAU: Oh, you mean the executive summary, sir? MR. WHITE: Just the cases -- CHAIRMAN KAUFMAN: Just the case number. MR. WHITE: -- with the notices. MS. BUCHILLON: Number 15, CEVR202110368, and No. 16, CEVR20210009902. MR. WHITE: And notices for both cases were properly -- MS. BUCHILLON: Notices: Respondents were notified regular and certified mail January 4th, 2023, and were also posted at the property and courthouse January 4th, 2023. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? January 26, 2023 Page 103 MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. It passes. See you in six months. MS. GIGUERE: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Two more. CHAIRMAN KAUFMAN: How many cases do we have left? MS. ELROD: One, two, three, four, five, six seven, eight, nine. CHAIRMAN KAUFMAN: Terri, are you cold? MS. BUCHILLON: Eight cases left? CHAIRMAN KAUFMAN: How many? MS. BUCHILLON: Eight. CHAIRMAN KAUFMAN: Eight. They're all imposition? MS. BUCHILLON: Yeah, between imposition and hearing. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Two hearings. CHAIRMAN KAUFMAN: I need to stand up. I should call my wife and tell her to pick me up. I'm required to stand every hour for five minutes to exercise my hip, right? MR. AYASUN: Yes. MR. RUBENSTEIN: Take a five-minute break. CHAIRMAN KAUFMAN: We'll take five minutes. (A brief recess was had from 11:53 a.m. to 12:01 p.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Next case? MS. BUCHILLON: Next case under public hearings, D, hearings, No. 2, CESD20220005465, United Props, LLC. For the record, respondents were notified regular and certified mail January 3rd, 2023, and it was also posted at the property and courthouse on January 3rd, 2023. January 26, 2023 Page 104 CHAIRMAN KAUFMAN: And for the record, the respondent is not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: Good afternoon again, or good morning, I suppose. CHAIRMAN KAUFMAN: It's good afternoon, actually. I'm sorry. MR. MARINOS: For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220005465 dealing with violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), (B)(1)(e), and (B)(1)(e)(i), located at 5780 Dogwood Way. Folio 38339760009. Service was given on June 13th, 2022. This case originated as a Contractors Licensing referral. On June 10th, 2022, Investigator Bill Shanahan met with the property's maintenance manager, Colin Gelb, who signed an entry consent form and inspected the property. At that time Investigator Shanahan was told that owner Henry Joseph -- or Harry Joseph, excuse me, from United Props, LLC, would be applying for a permit for the ongoing renovations at the property. On June 13th, 2022, a notice of violation was posted on the property and at the Collier County Courthouse. On August 11th, 2022, I was assigned to this case. At that time there was no applicable permits on file, and the building condition remained the same as Investigator Ramos and Investigator Shanahan January 26, 2023 Page 105 had seen. All attempts by myself to contact the owner have yielded no response, as well as Bill Shanahan before me, after that first initial contact, and no permits have been filed or applied for at this time. The violation remains. And I would now like to present case evidence in the following exhibits: One picture taken by Investigator Orlando Ramos from Contractors Licensing on May 24th, 2022, showing initial conditions. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the picture. MS. ELROD: Motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Hold on. You need to let Chuck finish here. I think he had a few more things to say. CHAIRMAN KAUFMAN: Did I say "picture"? I said "pictures." MR. MARINOS: Fair enough. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Two more pictures taken by Investigator Bill Shanahan on June 10th, 2022, again, showing initial conditions. CHAIRMAN KAUFMAN: Okay. January 26, 2023 Page 106 MR. MARINOS: And two pictures taken by myself on January 25th, 2023, showing the current conditions. All these pictures are stored on a share drive, to which I have access. CHAIRMAN KAUFMAN: Okay. So this is a -- the best picture I can get of the interior kitchen renovation from the package you see from -- MR. FUENTES: Beautiful. CHAIRMAN KAUFMAN: Spackle layer on -- MR. MARINOS: -- Contractors Licensing, yeah. CHAIRMAN KAUFMAN: That's the siding. MR. MARINOS: That would be the -- and that's all the way around, and this is current conditions from yesterday. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: They do recycle, though. MR. RUBENSTEIN: Is this house occupied? MR. MARINOS: It is completely unoccupied. I don't believe it could be occupied if they wanted to. Clearly, I, you know, don't have access to the interior to show you pictures of currently its interior, but it is pretty much stripped to the bone. CHAIRMAN KAUFMAN: Okay. What we need now is a motion from the Board whether a violation exists. MR. MARINOS: I believe we have -- MR. FUENTES: Motion a violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) January 26, 2023 Page 107 MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. LETOURNEAU: Mr. Chairman, I believe we have a public speaker that -- CHAIRMAN KAUFMAN: Oh, this is 20, that's right. Yes. MS. ADDISON: Hi, I'm Peggy Addison. CHAIRMAN KAUFMAN: Come up on the microphone. No extra charge. MS. ADDISON: Peggy Addison. CHAIRMAN KAUFMAN: You can move the microphone up. There you go. Okay, Peggy. MS. ADDISON: I'm here kind of to loosely represent the neighborhood. This has been like this for quite a while. I mean, before these complaints even made it up to the process where you investigated it. And it's on a very nice street. It's a huge eyesore. We have three acres of wooded acres on the street, and I walk down there every day, bike every day. Lots of people riding bike. We have a little bit neighborhood website, I mean, you know, Facebook thing, and people are worried. I never thought of it. People are worried about children getting in there, inside the house. They're worried about people maybe squatting in the house, using it unlawfully. And they're worried about -- Basically, when I saw it originally -- and this is -- I know it's been almost two years it's been this way. When the people -- I knew the people that left. I mean, I knew their children. They -- there's just a big pile. I mean, it's like this (indicating) of, you know, at least 10 feet across. I don't go on their property, but it's not that far back from the road. And it's construction material, and I was January 26, 2023 Page 108 surprised it didn't blow and hit somebody's house during the hurricane. I don't live on either side. I'm down the street a ways. But, like I said, I'm just representing the area. And we really think that it's been there long enough. We need to, like, quickly resolve it. I mean, you can see what it looks like, and it's just -- I think it's a danger as well as an eyesore. CHAIRMAN KAUFMAN: Do you know who the people who own the house are? MS. ADDISON: No, no. The people that own the house that I knew sold it. I knew their children through substitute teaching at the school near by, Vineyards Elementary. CHAIRMAN KAUFMAN: Because by not showing up here there's no defense. We already found them in violation. MS. ADDISON: Right. So I recommend -- anything you could do that would help us resolve it more quickly and put more pressure on them, we'd really appreciate. So that's what I'm here to say for the neighborhood. MS. RUIZ: Thank you for coming. CHAIRMAN KAUFMAN: Thank you for coming, and we will address your concerns. MS. ADDISON: Okay. I'll wait and see what happens. Thanks. CHAIRMAN KAUFMAN: Okay. Do you have a suggestion for us? MR. MARINOS: Yes, sir, I do. MS. RUIZ: Knock it down. MR. MARINOS: All right. The recommendation: 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: January 26, 2023 Page 109 Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of occupancy/completion for the unpermitted removal of the vinyl siding and kitchen renovations within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation's abated; and, The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So we're looking, basically, for the number of days, taking into consideration what Peggy just announced, and the fine after the initial period. Anybody want to take a shot at that? Hearing none, I'll do it. MR. AYASUN: Thirty days. CHAIRMAN KAUFMAN: Thirty days and a fine of $200 a day thereafter. So maybe the next time -- MS. RUIZ: I second that. CHAIRMAN KAUFMAN: -- somebody will show up. We have a second. MR. RUBENSTEIN: Could we have a conversation? CHAIRMAN KAUFMAN: Sure. Go ahead. MR. RUBENSTEIN: Can we also attach to your motion that upon the motion being passed and the time period expired, that we could ask the county to go in and clean this up? CHAIRMAN KAUFMAN: That's up to the county. MR. LETOURNEAU: I would say that we have another case on the litter also, not at this -- I believe that was probably for the January 26, 2023 Page 110 Special Magistrate at some time. And, yeah, after this meeting, I'm going to look into the county getting all that cleaned up. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Thank you. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And the operational costs, 59.28 in 30 days? CHAIRMAN KAUFMAN: Yes, that's correct. MS. BUCHILLON: Thank you. CHAIRMAN KAUFMAN: Sidenote, Peggy, what happens is, we gave them 30 days to respond and clean everything up. If they don't do that, it's $200-a-day fine, and we reserve -- we, the county, reserves the ability to clean it up for them and charge it against the property. So hopefully this will get taken care of sooner rather than later. MS. ADDISON: Does the county have any plans for -- if they don't tear it down, if you -- MR. WHITE: Ma'am, ma'am, if you want to be heard, you have to be at one of the microphones. I'm so sorry. MS. ADDISON: That's okay. MR. RUBENSTEIN: Jeff, I -- January 26, 2023 Page 111 MR. WHITE: Ma'am. MR. LETOURNEAU: You have a question? MS. ADDISON: I just wanted to -- CHAIRMAN KAUFMAN: Hang on. MS. ADDISON: Is the county going to reserve any right to tear down the residence if -- CHAIRMAN KAUFMAN: Whatever it takes -- MS. ADDISON: -- they don't show or -- CHAIRMAN KAUFMAN: Whatever it takes to bring it into compliance. MS. ADDISON: So that may eventually happen, you think? CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: Yeah. I would say, ma'am -- (Simultaneous crosstalk.) MR. FUENTES: -- muscle, that Jeff Letourneau will go out there and -- he's the muscle here. MR. LETOURNEAU: Ma'am, I would say that we're going to take another look at the entirety of that structure, and we might have to open another case on that. And we can't really tear it down from this case right here. MS. ADDISON: Right, right. MR. LETOURNEAU: But if the building official deems it to be an unsafe structure, we definitely can look into tearing it down at some point if the owners don't tear it down. And I would also say -- I don't know if you heard -- we have a litter case on this property also. We definitely can go get that litter picked up. MS. ADDISON: Great. Okay. MR. LETOURNEAU: Okay. MS. ADDISON: For your information, somebody did come out and mow it. I mean, I don't know what -- if you're looking for where these people are. Someone must have paid them to mow it. January 26, 2023 Page 112 MR. WHITE: The LLC is registered to a gentleman in Fort Lauderdale. MS. ADDISON: That's not far. Okay. Thank you very much. CHAIRMAN KAUFMAN: Okay. Take care. Thank you. Can you spell your last name, ma'am. MS. ADDISON: A-d-d-i-s-o-n. MR. RUBENSTEIN: I have a question for Jeff. Mr. Chairman, I have a question for Jeff. CHAIRMAN KAUFMAN: Yeah. MR. RUBENSTEIN: Do you consider this house abandoned? MR. LETOURNEAU: It is, yeah. I would consider this house abandoned, yes. MR. RUBENSTEIN: Okay. Is the power still on? MR. LETOURNEAU: I could not say one way or the other at this point. I've never been there. MR. RUBENSTEIN: If the power's been shut off -- MR. LETOURNEAU: Yes. MR. RUBENSTEIN: -- what steps can the county take at that point, if you considered it abandoned with no power? MR. LETOURNEAU: Okay. Our steps are -- for this case, not much. We can't do too much about the vinyl siding and the kitchen renovation; however, I will have the investigator contact our building official and ask him if this -- if the Building Department considers this is an unsafe structure. If they do, we can bring it to the Board, you guys give us an order, and we can look at a demolition. This is all a possibility right here. Now, even if we don't get the unsafe structure, I see a ton of property maintenance issues on this thing that needs to be addressed also, and we might be able to demolish it that way also. MR. RUBENSTEIN: Does owner abandonment change January 26, 2023 Page 113 anything? MR. LETOURNEAU: Not really. There's not really a code violation for abandoning your property, as long as it's in presentable condition. CHAIRMAN KAUFMAN: But all property require electric and water. MR. LETOURNEAU: They do, yeah. Now, having said that -- and the ordinance does say that you need potable water and electricity; however, our policy has been if nobody's living in there, we're not going to make you get water and electricity as long as the property's not a blight. So you can abandon your property and not have anybody living there, and we're not going to step out of our way to make you have electricity and water there for nobody. CHAIRMAN KAUFMAN: I understand. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Okay. Thank you very much, Peggy. MS. ADDISON: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. Next case. MS. BUCHILLON: Next case, No. 11, CENA20220006172, Robert M. Arnold, and I called No. 11 first than 10 because this one was cited first than number 10. 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: Kill two stones with one bird. Okay. Ryan, you're up. Let the record show that the respondent is not present. January 26, 2023 Page 114 MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Just so the Board's aware, these three cases kind of all run together; same owner, same property, just different violations. So testimony's going to be somewhat similar. The first one, Case No. CENA20220006172, violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03, trash and debris in the front, rear, and side of the property, at 5442 29th Place Southwest, Naples, Florida, 34116. Folio 36431720004. Service was given on July 7th, 2022. The case originated as a complaint to our department on July 6th, 2022. Investigator Bill Shanahan arrived at the property and observed trash and debris around the property. Investigator Shanahan attempted contact with the owner, and a notice of violation was then served. Since then some of the property has been cleaned up; however, the violation remains. The case was then transferred to me in August 2022. I attempted multiple times to get in contact with the owner without success. I later met with the owner on January 9th of this year, explained the violation, what needed to be done. As of today, the violation remains. Case evidence is aerial of the property, three photographs taken by Investigator Shanahan from July 6th, 2022, and three from myself yesterday. CHAIRMAN KAUFMAN: Get a motion from the Board to accept all the photos. MS. ELROD: Motion to accept the photos. MR. AYASUN: Second. MR. RUBENSTEIN: Second. January 26, 2023 Page 115 CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: These are the three original photographs, and then we'll go back to Ryan's from yesterday. That's it for photos. MR. RUBENSTEIN: Damn. CHAIRMAN KAUFMAN: Okay. We're going to hear all of these cases together. They're very similar in regard to what the violation is, is either debris or whatever. MR. CATHEY: Do we want to do the recommendation first before we go to the next one? CHAIRMAN KAUFMAN: Yes, yes. MR. WHITE: If you're going to do that, Mr. Chairman, I'd suggest as we did previously, just simply introduce the case with the notices put on the record. CHAIRMAN KAUFMAN: Helen, would you read the other cases from Mr. Arnold into the record? MS. BUCHILLON: Of course. CHAIRMAN KAUFMAN: For us. MS. BUCHILLON: Of course. The other case, No. 10, CEPM20220009815, and No. 12, CENA20220009753. Respondents were notified regular and certified mail and were -- it was also posted at the property and courthouse January 9th, 2023. January 26, 2023 Page 116 MR. CATHEY: Though this case originated as a result of that litter case, this is regarding some broken windows on the property. I have two photos from October 26th and two from yesterday, January 25th. CHAIRMAN KAUFMAN: Motion to accept the photos? MS. ELROD: Motion to accept. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Broken window. MR. LETOURNEAU: These are the two original photos, and Ryan's pictures from yesterday. MS. ELROD: Pizza Hut always delivers. MR. FUENTES: At least they're updating the cardboard box. CHAIRMAN KAUFMAN: Yeah, and the dates of the newspaper on the windows. MR. FUENTES: Yeah. MR. LETOURNEAU: Okay. Next case, Ryan, if you want to go. MR. CATHEY: After that we also have a weeds case on the property. I have photos from October 26th and one from November 17th, 2022, and then one from yesterday. MR. LETOURNEAU: I've got three from yesterday here. January 26, 2023 Page 117 CHAIRMAN KAUFMAN: Can I get a motion to accept the photos? MS. ELROD: Motion to accept the photos. MR. CATHEY: Three from yesterday, I apologize. CHAIRMAN KAUFMAN: I have a motion -- MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: -- and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Two 10/26s are first, and then the November photo is coming up, and then I believe these are the three from yesterday, and they did attempt to -- MR. CATHEY: Yeah. This is, like, partial abatement. They mowed, I would say, the majority; however, this third photo they over -- here by this photo, that was the original right side of the property. MR. LETOURNEAU: Oh, that's the original? I'm sorry. MR. CATHEY: Yeah, that was back in October. Then this last -- so this one here, they still need to -- this right side. MR. WHITE: I'd note that Case 12 was withdrawn for the weeds and grass in the rear yard. MR. CATHEY: Incorrect. There was a clerical error on that for withdrawing. January 26, 2023 Page 118 MR. WHITE: Okay. That's also admitted into -- or excuse me -- brought into the record, No. 12? MR. CATHEY: Yes. MS. BUCHILLON: Yes, I did. CHAIRMAN KAUFMAN: Okay. So do you have a suggestion for us? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: First of all, do we find this property in violation? MR. FUENTES: I make a motion that the property is in violation. MR. AYASUN: Second. MS. ELROD: Second. MR. WHITE: On all three cases? MR. FUENTES: On all three cases. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: I have three different recommendations. MR. LETOURNEAU: I'm going to go back to Case 11 first, the first one you heard, and do that recommendation. MR. CATHEY: Recommendation: That the Code Enforcement Board order respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within January 26, 2023 Page 119 30 days of this hearing; Abate all violations by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store items in a completely enclosed structure within blank days of this hearing, or a fine of blank dollars per day will be imposed for each day the violation remains; and, Two, that 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. Anybody want to fill in the blanks? MR. RUBENSTEIN: I'd like a question first. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Are we making a decision on this as one case or all three lumped together? CHAIRMAN KAUFMAN: We may have three different suggestions, but we are hearing all three of them at the same time. MR. CATHEY: I've got -- each recommendation I'll read separately. CHAIRMAN KAUFMAN: Yes. So on this one, how much time? How many dollar fine after that? MR. RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: Okay. Thirty days, and $250 per day. CHAIRMAN KAUFMAN: Okay. January 26, 2023 Page 120 MR. FUENTES: Operational costs. CHAIRMAN KAUFMAN: Operational costs 59.28 to be paid within 30 days. MR. RUBENSTEIN: Plus tax. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: So moved. CHAIRMAN KAUFMAN: Do we have a second on that? I'll second it. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. Okay. That's the first one. MR. LETOURNEAU: And since Section 2's the same on these other two, I'd just prefer if Ryan didn't even have to read it at this point. We're just assuming that it's the same. CHAIRMAN KAUFMAN: They're all the same. Okay. That takes care of those three cases. MR. LETOURNEAU: Okay. Was that all three cases that you -- CHAIRMAN KAUFMAN: Yeah. MR. CATHEY: Thirty days and 250 for the other two as well? CHAIRMAN KAUFMAN: Yes. MR. WHITE: I would ask that the Board please make a motion with respect to the two other cases and vote. CHAIRMAN KAUFMAN: Okay. On Case No. ending in 753, can I get a motion to impose 59.28 to be paid within 30 days and the fine is $250 a day thereafter? January 26, 2023 Page 121 MR. WHITE: And you can do the same for Case 9815. MS. ELROD: Second. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: Second over here. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And in Case ending in 9815, again, the 30 days, $250 fine, and 59.28 paid within 30 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Thank you. MR. RUBENSTEIN: Is this owner local? MR. CATHEY: Lives at the property. MR. RUBENSTEIN: Huh? MR. CATHEY: I believe he lives at the property. January 26, 2023 Page 122 CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Lives at the property. MR. LETOURNEAU: I think there's some sheriff's interest in this property also. MR. CATHEY: There are, that's correct. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Anything else? CHAIRMAN KAUFMAN: No. I should ask Helen, anything else? MS. BUCHILLON: Not from him. So we're back to old business. CHAIRMAN KAUFMAN: Impositions. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 3, CESD20220003600, Sanyay Leyva. That's the one that requested the extension and didn't show up. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MS. BUCHILLON: For the record, respondent was notified regular and certified mail January 4th, 2023. It was posted at the property and courthouse January 4th, 2023. 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. CHAIRMAN KAUFMAN: Okay, Bradley, read it in. MR. HOLMES: All right. Past orders: On August 25th, 2022, 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 January 26, 2023 Page 123 ordered to correct the violation. See the attached order of the Board, OR6175, Page 3563, for more information. The violation has not been abated as of January 26th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150.00 per day for the period from November 24th, 2022, to January 26th, 2023, 64 days, for a total fine amount of $9,600. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.35. Total amount: $9,659.35. MR. LETOURNEAU: Did you say the previous assessed operational costs have been paid? CHAIRMAN KAUFMAN: Yes. MR. HOLMES: Yes. CHAIRMAN KAUFMAN: It's on the sheet as has been paid also. MR. LETOURNEAU: Oh, my bad. CHAIRMAN KAUFMAN: Are you looking at the wrong case? MR. LETOURNEAU: It's been a long day. I'm looking at something else. CHAIRMAN KAUFMAN: Yeah, of course. MR. RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Prior to I'd like to ask a question. Have you had any contact with the owner of the property in the last 30 days? MR. HOLMES: So I'm actually surprised he's not here. When I posted the notice of hearing, he was at the property. We discussed everything, and he was indicating he'd be attending. Obviously, he was going to be requesting an extension of time. January 26, 2023 Page 124 This morning, after he failed to show for his extension, I tried to contact him at 9:36 a.m. No answer. His voicemail's full, so no contact. MR. RUBENSTEIN: Okay. I'd like to make my motion, that the fines as stated be imposed as of this date. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Fines and costs? MR. RUBENSTEIN: Fines and costs. CHAIRMAN KAUFMAN: Okay. We have a motion -- MS. RUIZ: Second. CHAIRMAN KAUFMAN: -- that the fines be imposed, 59.28 to be paid within 30 days. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thanks, Bradley. MR. HOLMES: You're welcome. MS. BUCHILLON: Next case, No. 5, CELU20220002016, Steven M. Thomas. 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. For the record, Rick Migal, Collier County Code Enforcement. January 26, 2023 Page 125 Past orders: On July 28, 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, 6165, Page 3454, for more information. The violation has been abated as of October 28th, 2022. Fines and costs to date are as follows: Previously assessed operational costs of $59.21 have not been paid. Operational costs for today's hearing: 59.28. Total amount: $118.49. CHAIRMAN KAUFMAN: Jeff, do you want to pull this until next month when he's here, about the operational costs? MR. FUENTES: They haven't been paid. CHAIRMAN KAUFMAN: I know they haven't. MR. LETOURNEAU: Yeah. I mean, we went out of the way to try to get these people to pay their operational costs, and I don't know if another month's going to do it or not. MR. MIGAL: I met with her just last week, along with Investigator Jordan -- or Chuck Marinos, and she pled -- you know, basically, didn't have the money. I told her, you know, $59 and avoid a lot of hassle. I tried every which way I could. I left her messages, and it just hasn't happened. CHAIRMAN KAUFMAN: Well, the violation has been abated. MR. MIGAL: Correct. CHAIRMAN KAUFMAN: But the fines have not been paid. MR. LETOURNEAU: Right, and he, basically, was out there begging her to pay it, and she didn't come in and pay it. MR. MIGAL: I was pleading with her to pay it. MR. LETOURNEAU: I don't know if another month is going to have any effect or not at this point. January 26, 2023 Page 126 MR. RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: It says that they've stopped running a business out of their property. In what way did they stop doing it? Did they dismantle the area where they were doing the repairs, or they just stopped taking in jobs? MR. MIGAL: It was a small-engine repair business, and he, basically, worked out of a tent adjacent to the guesthouse that he was staying in, and it was only -- he stopped taking in jobs, was the technical reason why we closed this case. CHAIRMAN KAUFMAN: Okay. Well, that case is done. The amount of fines that have not been paid is not done. MR. LETOURNEAU: Can I ask Rick, do you feel another month would help this woman pay, honestly? MR. MIGAL: Maybe is my answer. CHAIRMAN KAUFMAN: Well, she has an opportunity to pay 59.21 or $118.49. Her choice. MR. MIGAL: I mean, this may or may not mean anything. Her boyfriend was standing right next to her, and I looked at him, and I said, can you forward her 59 bucks to get this out of here? And he said he was going to do it, but nothing's happened. I checked as of just an hour ago, and it still had not been paid, so I -- there must be some -- in my opinion, something else going on besides that. This is too easy. MR. FUENTES: It's not taking it as a priority. MR. LETOURNEAU: We will withdraw it for one month. CHAIRMAN KAUFMAN: One month, okay. MR. WHITE: You need a motion to modify the agenda. CHAIRMAN KAUFMAN: I don't think we need a motion if he's going to withdraw it. MR. WHITE: You need to modify the agenda to withdraw the January 26, 2023 Page 127 case. CHAIRMAN KAUFMAN: Oh. Get a motion to modify the agenda? MS. ELROD: I'll make a motion to modify the agenda. 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. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MIGAL: Thank you. MR. RUBENSTEIN: I have a comment. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Item C says that this is the fourth time in the last 12 months this has come up. MR. MIGAL: No, there's four other cases involved. I opened originally five cases at the same time on this property. MR. RUBENSTEIN: Okay. So it's all the same type of problem on the same property? CHAIRMAN KAUFMAN: Right. This is the one where the person living in the house was a relative or they weren't a relative. MR. RUBENSTEIN: Right, right. I remember. All right. MS. ELROD: Her father died and left her in charge. MR. LETOURNEAU: Yes, yes. CHAIRMAN KAUFMAN: Okay. Thanks, Rick. January 26, 2023 Page 128 Helen? MS. BUCHILLON: Next case, No. 6, CESD20190008994, Nelson Hernandez Castellanos, Lissette Veloso, and Greta Restano. 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. NEGRA: I do. For the record, Johnny Negra, Collier County Code Enforcement. Okay. 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. See the attached order of the Board, OR6155, PG 3028, for more information. The violation has not been abated as of January 26th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from March 7th, 2022, to January 26th, 2023, 326 days, for a total fine amount of $48,900. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount of $48,959.42. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Yes. MR. FUENTES: Make a motion to impose the fines. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion. Go ahead. MR. FUENTES: That includes today's operational costs of 59.42. January 26, 2023 Page 129 CHAIRMAN KAUFMAN: Okay. To be paid within 30 days? MR. FUENTES: To be paid within 30 days. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. NEGRA: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, No. 12, 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. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On October 27th of 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of November 28th of 2022. Fines and costs to date are as follows: Previously assessed civil penalty of $250 has not been paid. Previously assessed operational January 26, 2023 Page 130 costs of $59.28 has been paid. Operational costs for today's hearing is $59.35, for a total fine amount of $309.35. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: We have a problem here, that although the violation has been abated, the civil penalty has not been paid. Any suggestions, Jeff? MR. LETOURNEAU: I suggest you guys impose the fine. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Motion to impose the fines as well as to pay the operational costs for today of 59.35 within 30 days. MS. ELROD: Second it. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. WHITE: That would include the civil penalty, correct? CHAIRMAN KAUFMAN: Yes, it will. MS. BUCHILLON: Next case, No. 13, CEV20220008499, Ernest J. Valdastri. THE COURT REPORTER: Do you swear or affirm the January 26, 2023 Page 131 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. For the record, Supervisor Joe Mucha, Collier County Code Enforcement. Past orders: On October 27th of 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 the attached order of the Board in Documents and Images for more information. Violation has not been abated as of January 26th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from November 27th of 2022, to January 26th of 2023 for 61 days for a total fine amount of $6,100. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing is $59.28, for a total fine amount of $6,159.28. MR. RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: To enforce the penalties as written of 6,159.28 including the 59.28 operational costs for today's hearing. CHAIRMAN KAUFMAN: Okay. 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. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) January 26, 2023 Page 132 MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. RUBENSTEIN: That's an expensive car. CHAIRMAN KAUFMAN: That goes against the property, so at some point... Are we done, Helen? MS. BUCHILLON: Yes, no more cases. CHAIRMAN KAUFMAN: No more cases. How nice. MR. WHITE: Ms. Buchillon, are there any -- CHAIRMAN KAUFMAN: We have some cases on the last sheet. I don't know if we need a motion for it or not, collection authorization. MR. WHITE: The request to forward cases to the County Attorney? MR. FUENTES: Yes. CHAIRMAN KAUFMAN: Yep. MR. WHITE: How many cases, roughly? CHAIRMAN KAUFMAN: Two, four, six, nine. MR. WHITE: A motion would be appropriate, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. Can we get a motion to forward these to the County Commission? MR. WHITE: County Attorney. CHAIRMAN KAUFMAN: County Attorney. MS. ELROD: I'll make a motion to forward to the County Attorney. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Got a second. All those in favor? MS. ELROD: Aye. January 26, 2023 Page 133 MR. RUBENSTEIN: Aye. MS. RUIZ: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Well, folks, we are adjourned. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Well, folks, we are adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:40 p.m. NFORCEMENT BOARD RO ERT F AN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutexrpproved by the Board on EtheAjwu{ . 3,.za.23, 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.