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CEB Minutes 05/25/2023May 25, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 25, 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 John Fuentes Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun James York (Alternate) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board May 25, 2023 Page 2 CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I want you all to remember all of that because there's a test at the end. Okay. Will you all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, why don't we start with the roll call. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. WHITE: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? May 25, 2023 Page 3 MR. RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Here. MS. BUCHILLON: And, Mr. James York? MR. YORK: Here. CHAIRMAN KAUFMAN: Okay. I'm sure everybody's read the minutes. Does anybody have any changes to the existing minutes? (No response.) CHAIRMAN KAUFMAN: If not, I'll take a motion to accept the minutes. MR. AYASUN: So moved. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: And a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do we have any changes to the agenda? MS. BUCHILLON: Yes, we do, sir. We have five stipulations. To start, under public hearings, D, hearings, No. 7, May 25, 2023 Page 4 CESD20230000195, Gabriel Oaxaca-Davilla. Number 5, CESD20220008382, Anthony Mattei, Karol Lucila Teresita Mattei, and Lilia Mercedes Machado. Number 8, CESD20220010204, Shore Woods A Condominium. Number 11, CENA20230001239, Doug Didrick. Number 12, CENA20220007434, Doug Didrick. CHAIRMAN KAUFMAN: Okay. Do we have any withdrawns? MS. BUCHILLON: Yes, we do, sir. Under public hearings, D, hearings, No. 1, CELU20230001367, Aaron Resa, Sr., and Aaron Resa, Jr., has been withdrawn. Violation has been abated. Number 2, CESD20220008946, Mark and Traci Paul 2016 Trust, has been withdrawn. Permit has been issued. Number 4, CELU20220004718, Lowe's Home Centers Inc., has been withdrawn and will be rescheduled for the June hearing. And No. 16, CELU20230001495, Gloria May, has been withdrawn. Violation has been abated. And those are all the withdrawals. CHAIRMAN KAUFMAN: Do we have any other changes? MS. BUCHILLON: Actually, we do need to -- on No. 10, it's a scrivener's error. Our investigator should be Charles Marinos instead of Adam Collier. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And we are also adding, under reports -- under consent agenda, reports, we're going to have the County Attorney's update. CHAIRMAN KAUFMAN: Okay. We'll start out with the stips. MS. BUCHILLON: Actually, we are going to go with a case on imposition of fines. May 25, 2023 Page 5 MR. WHITE: Case number? MS. BUCHILLON: First case, No. 1, CEPM20190014027, John D. DiMarco, III. MR. AYASUN: What number is that? CHAIRMAN KAUFMAN: It's No. 1 under impositions. MR. AYASUN: Okay. Gotcha. Number 1 on old business. 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. DiMARCO: I do. MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Good morning. MR. DiMARCO: Good morning. My name is John DiMarco. My residence is 2978 Poplar Street. I would like to present you with some documents, if I may, for everybody to take a look at. CHAIRMAN KAUFMAN: Can you hold on one second. The process is we're going to have the county read the case into the record -- MR. DiMARCO: Oh, okay. CHAIRMAN KAUFMAN: -- and then you will have the opportunity to present whatever you want. MR. DiMARCO: Yes, sir. CHAIRMAN KAUFMAN: John, good morning. MR. DiMARCO: Good morning. MR. JOHNSON: Good morning. For the record -- this John. Good morning. For the record, John Johnson, Collier County Code Enforcement. Past orders of the Board: On October 23rd, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced May 25, 2023 Page 6 ordinances and ordered to correct the violation. See attached order of the Board, OR5846, PG2408, for more information. The violation has been abated as of April 5, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from April 22nd, 2021, to April 5th, 2023, 714 days, for a total fine amount of $178,500. Previously assessed operational costs of $59.28 have been paid; operational costs for today's hearing are $59.35; for a total amount of $178,559.35. The factors of this case, A, the gravity of the violation: This was a hurricane damage structure not declared to be dangerous. Item B, actions taken by the violator to correct: Demolition permit was obtained, and the structure was demolished. Item C, any previous violations committed by the respondent: None. Item D, any other relevant factors: The property owner applied for assistance with Rebuild Florida. The home was going to be originally rehabilitated by Rebuild Florida. The process for Rebuild Florida to find a contractor and apply for a permit took over two years. Rebuild Florida then decided to demolish the home and build new. The permit for the new single-family home is currently under review at the county. CHAIRMAN KAUFMAN: Okay. Sir, you said you have some -- MR. DiMARCO: Well, I had some -- Rose, could you give me the envelope, please. I'd like to present you with some documents. Where's the small envelope? I have a small -- excuse me, sir. MR. JOHNSON: It's okay. It's okay. Take your time. MR. DiMARCO: I have some assistance here. The small envelope with all the papers in it. I'd like to present these papers, the May 25, 2023 Page 7 ones with the envelope that were in the envelope. CHAIRMAN KAUFMAN: Could you just tell us a little summary of what you have there? MR. DiMARCO: Okay. What I have here, as far as the documents go, I have a certified check that I established with Rebuild Florida, as you could see, November 2020, where I had to pay them funds for gap to restart the construction of my home. It took -- approximately six months after that they required all the FEMA money and all my insurance money that I collected on my property. And there's a copy of the check that I mailed off to them for $35,000. And they said in four to six weeks they were going to start to rebuild my home. Well, needless to say, it occurred the fact that the first contractor came out, took a year and a half to pull permits, which you can see the permits were pulled but they were all canceled because that contractor went bankrupt to Rebuild Florida. So then after a certain amount of time, they came back out and told me that the house was in such poor condition that it had to be a recon. So I agreed to that. They set me up in a hotel. I've been in a hotel for two years now. Over two years, actually. I moved all my stuff into a pod because they said they were coming, and the pod floated away in the last hurricane. I lost everything I owned. Now, you'll also see I included in the papers a demolition for -- the permit for execution of demolition, so the house is torn down as of March 31st. But I've been working with Rebuild Florida now for over three years to get my house rebuilt, and they've done nothing. Now we're sitting with permits in the zoning office over two months, and they're still pending. They were sent back for a FEMA evaluation for a raised elevation for flood level, and they were May 25, 2023 Page 8 resubmitted, and now they're still pending within the zoning department. And as I stated before, I mean, I've been told by Rebuild Florida numerous times -- many times that they were going to come out and do the work for me, and nobody's ever showed up. Now, finally, they show up to tear the house down, which I was happy because that's going to be the beginning, maybe, of the construction. But I still haven't received any permits for construction of the property. And I'm here today to waive those fines because I was told by Rebuild Florida, which is operated by the state, the DEO, that they were going to do something, and they've never done nothing. They've done nothing for me whatsoever. They finally tore the house down, and that's it. CHAIRMAN KAUFMAN: Okay. Before I accept these documents that you have, we need a motion from the Board to accept them. MR. WHITE: Well, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Patrick White, for the record, attorney for the Code board. Sir, do you want those documents back that you gave? MR. DiMARCO: No, sir. MR. WHITE: You're okay if -- MR. DiMARCO: I have copies of them. MR. WHITE: Very good. MR. DiMARCO: I didn't want to bring you the 100 -- 251 emails from Rebuild Florida that I've sent off. MR. WHITE: The point simply is, sir, that if you have them reviewed, they'll be requested to be admitted into evidence, and once that happens, you won't get them back. MR. DiMARCO: That's fine, sir. They're your documents to May 25, 2023 Page 9 review. MR. WHITE: All righty. Mr. Chairman, it's the Board's call. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept these documents. MS. ELROD: I'll make a motion to accept. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: I had only one question which was who was Rebuild Florida? THE COURT REPORTER: You need to speak into the mic. MS. CURLEY: Oh, I'm sorry. So I just had one question which was who was Rebuild Florida, but I think the gentleman answered. It's an oxymoron for the county to be fining an owner for a state company that's not running right. CHAIRMAN KAUFMAN: Okay. Well, it appears to me -- and I don't want to necessarily provide everybody on the Board with this documentation, but -- MR. WHITE: I would simply offer it to the other Board members if they care to look at it. I believe that the documents simply support his sworn testimony. I don't know that there's any May 25, 2023 Page 10 more information that you could glean from reviewing them. CHAIRMAN KAUFMAN: Okay. It sounds to me, personally, that they're stuck in the bureaucracy of government, which happens from time to time. MR. WHITE: I think there's only one other fact, Mr. Chairman and Board members, that, you know -- sir, is this your personal property, your home? MR. DiMARCO: Yes, sir, it's my homesteaded property. MR. WHITE: It's homestead. MR. DiMARCO: That's where I live. MR. WHITE: I think that's the only other relevant fact that you may desire to know. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? MR. AYASUN: No. CHAIRMAN KAUFMAN: Anybody want to make a motion? MS. CURLEY: I think there's three of us on the Board that remember this from the very beginning, and I actually still remember the pictures of your house, and it was awful. I'm so sorry that you've gone through this. So I will make a motion to deny the county's imposition of fines, including today's costs. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Yes, Jeff. MR. LETOURNEAU: Yes, sir. For the record, Jeff Letourneau, Collier County Code Enforcement. And I'm sorry that this is the case I'm going to be bringing this up on, but after speaking with staff, we feel that the operational costs for when we bring it for today's hearing -- taxpayer money was expended for that, so we would be objecting to any further waiver of May 25, 2023 Page 11 that when you waive all the fines. MS. CURLEY: I'll modify my motion to include today's operational costs of 59.35. I'm glad to do that. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Very good. CHAIRMAN KAUFMAN: Does the second -- MR. FUENTES: Second. MR. WHITE: Paid within 30, Ms. Curley? CHAIRMAN KAUFMAN: Paid within 30 days. MS. CURLEY: Sure. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. And that's been seconded by the original second. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you saved yourself 170 some-odd-thousand dollars, but it cost you $59. MR. DiMARCO: How much did it cost, sir? CHAIRMAN KAUFMAN: Sorry for the bureaucracy. MR. DiMARCO: Thank you very much for understanding. CHAIRMAN KAUFMAN: Okay. MR. DiMARCO: Hopefully I'll be in my home soon. CHAIRMAN KAUFMAN: What do you want -- these May 25, 2023 Page 12 documents, do you want to keep those, Helen? It's done. MR. RUBENSTEIN: Case closed. CHAIRMAN KAUFMAN: Are we going to start on the stips now? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: First stip is No. 7? MS. BUCHILLON: Yes, sir. Number 7, CESD20230000195, Gabriel Oaxaca-Davila. I don't know if I said it right. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. CHAIRMAN KAUFMAN: Okay. Is the respondent present? MR. PITURA: No. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. Would you read this stipulation into the record for us. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits, demolition permit, inspections, certificate of completion/occupancy for the sheds and/or remove said structure or improvements, including materials from the property within 60 days of the hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 May 25, 2023 Page 13 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have any comments on this other than the stipulation? MR. PITURA: No. He has a permit under review, so... CHAIRMAN KAUFMAN: Okay. Anybody want to -- MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Helen keeps on bringing me up secret messages. The next stipulation, if I'm not mistaken -- May 25, 2023 Page 14 MS. BUCHILLON: Actually, we have a change to the agenda. We have two more stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings, No. 17, CENA20230000262, Gloria May. Number 18, CEV20230001500, Gloria May. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to modify the agenda? MS. ELROD: I'll make a motion to modify the agenda. MR. AYASUN: Second. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which brings us to? MS. BUCHILLON: Number 5. CHAIRMAN KAUFMAN: Stipulation No. 5. MS. BUCHILLON: CESD20220004820, Tirso Careaga de la Cruz and Martha Alicia Careaga. CHAIRMAN KAUFMAN: What's the number on that stipulation, Helen? I know it's No. 5. MS. CURLEY: The 5 we have isn't that. MR. WHITE: 8382. May 25, 2023 Page 15 CHAIRMAN KAUFMAN: That's 8382 on my sheet. MR. AYASUN: The names were different. MS. BUCHILLON: I'm sorry. CHAIRMAN KAUFMAN: Caught you. MS. BUCHILLON: I'm so sorry. It's CESD20220008382. Anthony Mattei, Karol Lucila Teresita Mattei, and Lilia Mercedes Machado. CHAIRMAN KAUFMAN: Thank you, Helen. MR. LETOURNEAU: Helen, you're going to have to put that one up there. MR. FUENTES: Helen is so good at reading names. 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. MATTEI: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. MATTEI: Anthony Mattei. CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation into the record for us? MR. PACKARD: Yes, sir. Good morning. For the record, Jason Packard, 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; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the front porch, rear deck, interior renovations, and window replacements within 120 days of May 25, 2023 Page 16 this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, you have something that you'd like to say? MR. MATTEI: No. I'm in agreement. CHAIRMAN KAUFMAN: You're in agreement. Okay. And that 120 days should be sufficient time for you to get your building permit? MR. MATTEI: I have a permit under review. CHAIRMAN KAUFMAN: Okay. Okay. MS. ELROD: I'll make -- CHAIRMAN KAUFMAN: Any questions from the Board? MS. CURLEY: I had a -- I sort of had a thought, because when -- four months. You say you have a permit under review. And I see all these things which, typically -- I've been on this board for nine years. This is not going to take four months if you -- like, usually, if you want to actually make these all legal again, especially the windows. It's pretty unusual. So on the go-forward, what we talked about a couple months ago is -- like, I don't want to set somebody up to fail. Then, you know, it's going to take them two extra months, so they're going to come in with a $5,000 fine, and then we're not going to want to abate that. May 25, 2023 Page 17 So I just want to be cautious about how we write -- not that there's anything wrong with this particular one -- but we write them. So the expectation is for success. Not to see you back here and come back again and come back again, because in three years the fines could be $90,000, and then the County Commissioners, you know, want us to, you know, enforce these fines in some way. So I just want to be cautious that we don't set somebody up to fail and then we -- and then we cause them more fines than necessary. MR. PACKARD: Absolutely. And this gentleman has two permits. One is, I think, a final inspection away and -- MR. MATTEI: For the interior. MR. PACKARD: For the interior, and then the exterior stuff, he's waiting on, I think, a surveyor. MR. MATTEI: Surveyor. MR. PACKARD: So it should be fairly quick. CHAIRMAN KAUFMAN: Okay. That's why I asked is 120 days sufficient time. Okay. We have a case. Anybody want to make a motion? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? May 25, 2023 Page 18 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. PACKARD: Thanks, folks. MR. MATTEI: Thank you, guys. MS. BUCHILLON: Next stipulation, No. 6 CESD20 -- MR. LETOURNEAU: Number 8, right? CHAIRMAN KAUFMAN: Number 8. MS. BUCHILLON: Okay. Six was the last one. I'm sorry. They confused them all. I had them in order. CHAIRMAN KAUFMAN: I'll keep you straight. Don't worry. MS. BUCHILLON: Number 8, I'm sorry, CESD202200102084, Shore Woods A Condominium. MR. AYASUN: Officer is not here. CHAIRMAN KAUFMAN: Well, could you wake that gentleman up. MR. SHANAHAN: Sorry. I'm just working. My apologies. CHAIRMAN KAUFMAN: That's okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. SHANAHAN: I do. CHAIRMAN KAUFMAN: Okay. Would you read the stipulation -- let the record show that the respondent is not present. MR. SHANAHAN: Correct. CHAIRMAN KAUFMAN: Do you expect the respondent to be here? MR. SHANAHAN: No, sir. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. And if you would read this into the record May 25, 2023 Page 19 for us. MR. SHANAHAN: Yes, sir. For the record, Bill Shanahan, Collier County Code Enforcement. Therefore, it's agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit for the replacement of siding and exterior lighting and certificate of completion or occupancy 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 abatement of the violation and request the investigator perform a site visit to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anything we don't know about this case? MR. SHANAHAN: No, sir. The work was done. They're just waiting on the contractor to get the permits in. And I explained about extensions and everything else, so they're aware of what's going on. Okay. CHAIRMAN KAUFMAN: And they have four months, okay. MR. SHANAHAN: Yes, sir. MS. CURLEY: What's the purpose of giving us this? It's, like, a 10-year-old contract. MR. SHANAHAN: Oh, that just shows that they are the May 25, 2023 Page 20 property management company for Shore Woods A Condominium. MS. CURLEY: I know, but it expired January of 2015, and there's no renewal. MR. SHANAHAN: That was the one that they gave to me, so it's the only one that I had. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MS. ELROD: I'll make a motion to accept the stipulations as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SHANAHAN: Thank you. CHAIRMAN KAUFMAN: Thank you. Next one's going to be 11, is that a guess? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay, good. MS. BUCHILLON: Next stipulation, No. 11, May 25, 2023 Page 21 CENA20230001239, Doug Didrick. 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. SHANAHAN: I do. CHAIRMAN KAUFMAN: Good morning. Let the record show the respondent is not present. Okay. Do you want to read the stipulation into the record for us? MR. SHANAHAN: Yes, sir. Again, for the record, Bill Shanahan, Collier County Code Enforcement. Therefore, it's agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by 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 120 days of this hearing, or a fine of $200 will be imposed for each day the violation remains. Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site visit to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: I have one question on this. MR. SHANAHAN: Yes, sir. CHAIRMAN KAUFMAN: Why two hundred -- 120 days to May 25, 2023 Page 22 pick up the stuff that's on the lot? MR. SHANAHAN: Yeah. It a combination of two cases, this one and the next one. There were exotics on the property since August, and he failed to remove them. So after Hurricane Ian, we noticed there was also a large amount of vegetative debris as well as paper and plastic that are washed up on the property, and so Supervisor Ambach and I just put the cases together. And he understands a need to get it done. There is a demo permit pending as well. CHAIRMAN KAUFMAN: Okay. Chris? MS. CURLEY: For the house? MR. SHANAHAN: For the house and the entire property. It's been a complete loss. MS. CURLEY: I did notice that it said that is reoccurring. On the violation it says it's a reoccurring. MR. SHANAHAN: That might have been an error on my part, ma'am. MS. CURLEY: No. I mean, up on the notice of hearing that they were sent, it says -- MR. SHANAHAN: I'm not seeing it. MS. CURLEY: The one that -- we have it in our package. So this isn't a reoccurring thing with this homeowner? MR. SHANAHAN: I don't believe so, no, ma'am. That might have just been, like I said, an error on my part. CHAIRMAN KAUFMAN: Okay. Chris, you have something that you'd like to -- get sworn first. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. For the record, Chris Ambach, supervisor of Code Enforcement. May 25, 2023 Page 23 This home was originally owned by a very elderly woman. The son has taken over the property legally. You cannot walk around that property. You can only enter the driveway. You can barely get to the front door, there's so many exotics on that property. It's probably one of the worst I've seen. It's like a -- I can't even explain it to you. It's something out of a storybook. You cannot walk through it. So there's a ton of work that has to be done on this property, to clear it all down, to demo the house. That's why that time frame was given. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: So much trash and garbage waist deep from front to back, side to side. That was why we gave the time we gave. CHAIRMAN KAUFMAN: Okay. I understand. Thank you for answering my question. MS. CURLEY: Poor neighbors. It does say reoccurring on the violation status. MR. SHANAHAN: Yes, ma'am. I'll make sure that gets changed. Again, that was my error, so... CHAIRMAN KAUFMAN: Okay. Do we have any comments or questions from the Board? MS. CURLEY: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. May 25, 2023 Page 24 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. SHANAHAN: Thank you. MS. ELROD: Part 2. MS. BUCHILLON: Next stipulation is his also. CHAIRMAN KAUFMAN: I noticed that he didn't walk away. MS. BUCHILLON: Number 12, CENA20220007434, Doug Didrick. 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. SHANAHAN: I do. CHAIRMAN KAUFMAN: Do you want to read this into the record for us, please? MR. SHANAHAN: Yes. Again, for the record, Bill Shanahan, Collier County Code Enforcement. Therefore, it's agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of the hearing; Two, abate all violations by: Must remove any and all Collier County prohibited exotic vegetation that exists upon the entire property within 120 days of this hearing, or a fine of $200 will be imposed for each day the violation continues; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the inspector perform a site visit to confirm the compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the May 25, 2023 Page 25 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. This is what Chris Ambach just mentioned -- MR. SHANAHAN: Yes, sir. CHAIRMAN KAUFMAN: -- the exotics on the property? MR. SHANAHAN: Right. There's exotics that were bad, and then the trash and debris. CHAIRMAN KAUFMAN: Okay. So any questions from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SHANAHAN: Thank you. CHAIRMAN KAUFMAN: Thank you. I guess we're up to No. 17; is that correct, Helen? MS. BUCHILLON: Yes, sir. Number 17, CENA20230000262, Gloria May. May 25, 2023 Page 26 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Let the record show respondent is not present. Do you expect the respondent? MR. MARINOS: No, I do not. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. MARINOS: Absolutely. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, remove all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store desire items in a completely enclosed structure within 15 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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: How many days did you give them? MR. MARINOS: Fifteen. May 25, 2023 Page 27 CHAIRMAN KAUFMAN: Five oh or one five? MR. MARINOS: One five. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And your not moving gives me an indication that you have the next one. MS. BUCHILLON: Number 18. CHAIRMAN KAUFMAN: Which is No. 18. MS. BUCHILLON: CEV20230001500, Gloria May. 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: Okay. Would you like to read this one again? The respondent is not present. Read this into the record for us, please. MR. MARINOS: Yes, sir. Therefore, it is agreed between the May 25, 2023 Page 28 parties and the respondent that the -- excuse me. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by repairing and affixing a current license plate to each vehicle in violation or store these vehicles in a completely enclosed structure or remove these vehicles to a site intended for such use within 15 days of this hearing, or a fine of $150 per day will be imposed for each day the violation continues; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board? MS. ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. May 25, 2023 Page 29 MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: Thank you. Helen, I think that takes care of the stipulations. MS. BUCHILLON: I actually do have one more stipulation. CHAIRMAN KAUFMAN: We do? MS. BUCHILLON: Number 6 under hearings, CESD20220004820, Tirso Careaga de la Cruz and Martha Alicia Careaga. MR. WHITE: Mr. Chairman, you've got to amend the agenda. CHAIRMAN KAUFMAN: I know. MS. CURLEY: I make a motion to amend the agenda. CHAIRMAN KAUFMAN: We have a motion to amend the agenda. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. May 25, 2023 Page 30 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. CAREAGA: I do. CHAIRMAN KAUFMAN: Okay. We've got this down to a science. Do you want to read this into the record for us? MR. MARINOS: Yes, sir, I certainly will. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of occupancy/completion for the shed within 90 days of this hearing, or a fine $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using anything method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Could you repeat the amount of days and the fine? MR. MARINOS: Yes, sir. Number 2 was the 90 days or a fine of $100 a day. MS. CURLEY: I have a question. So is there -- is the chicken coop a different amendment? It must be the second one. It's like May 25, 2023 Page 31 10.02.06(B)(1)(e)(i), and then the shed is a different -- MR. MARINOS: So the chicken coop -- yes, it's two separate things, but the chicken coop has been removed at this time. So it's all -- the only remaining object is the shed. MS. CURLEY: I see, okay. So you need a permit for a chicken coop because it's a shed? CHAIRMAN KAUFMAN: It depends on what kind of chicken it is. Okay. Now -- I'm only kidding. MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Before you do that, ma'am, do you have any problems paying the 59.28 or the 90 days to get this all done? MS. CAREAGA: Not at all, sir. I just -- my name is Martha Careaga, by the way, and I just want to let you know, guys, I buy this house three years ago, approximately, and I got, like, 11 permits submitted. Everything was approved, but this shed was the owner before. So he left this shed there. And at this moment when I submit all my permits -- because I'm doing a lot of things to this home -- I don't got the papers -- the title from this shed at this moment. So I submitted, like, I believe two years after. And the only thing we're waiting on it is the environmental department because they want to make sure it's not wetland in where is the shed right now. But I did receive the letter from them. Everything is okay. It's a big process. I went already three times to the meeting with Mr. William Lange and Martha Avila at the Fort Myers. And I'm just waiting -- actually, we're waiting for the letter to approve and to resubmit the permit. That's the only thing we're waiting for. So I'm doing everything that's on my hands, and we're just waiting. They say maybe this week or the next week. So we're May 25, 2023 Page 32 just waiting on the letter. CHAIRMAN KAUFMAN: So you think in 90 days you'll have everything done? MS. CAREAGA: I believe, but, you know, it's accept [sic] them. I spoke with Mr. William yesterday and the week before. So it is -- the only thing, they've got a lot of cases, and this is not only my case. But he said everything is approved. They went to my home, and they check everything. And it's not wetland in where is the shed right now. So we're just waiting for the approve of them. MR. WHITE: Permission to inquire, Mr. Chairman? CHAIRMAN KAUFMAN: Go ahead. MR. WHITE: Ma'am, could you, first, just state your name on the record? MS. CAREAGA: Yeah. My name is Martha Careaga. MR. WHITE: And the people you talked to in Fort Myers, were they the Department of Environmental Protection, DEP? MS. CAREAGA: Yes, yes. MR. WHITE: Thank you. MS. CAREAGA: That's Mr. William Lange and Ms. Martha Avila. I went already three times, and I got a meeting with them. And they -- they came to my home, and they check everything, and they said -- last week I spoke to him, and he said everything is okay. So I'm just waiting for the letter. CHAIRMAN KAUFMAN: Okay. So it appears that everything should be okay in 90 days. If it's not, you need to come back or notify Code Enforcement so that they can work with you to resolve the situation, okay? MS. CAREAGA: Okay. MS. CURLEY: I make a motion to accept the stipulations as written. CHAIRMAN KAUFMAN: We have a motion. May 25, 2023 Page 33 MR. FUENTES: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: And thank you. MS. CAREAGA: Thank you. CHAIRMAN KAUFMAN: Do you think that takes care of all the stips, Helen? MS. BUCHILLON: I think so. Unless there's one hiding. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Back to public hearings, under D, hearings, No. 3, CEVR20220000759, C&J Wrestling Hauling Corp. MR. D'ELIA: I didn't see anybody here. I wasn't notified they were here. UNIDENTIFIED MALE VOICE: I'm sorry about the phone. I thought I had turned it off. MR. D'ELIA: Excuse me. I was never notified they were here, so I haven't gone over if they want to do a stipulation. CHAIRMAN KAUFMAN: Do you want to move the case later in the agenda? May 25, 2023 Page 34 MR. D'ELIA: Please, that way we can go over the case with the gentlemen and see if they would like to do a stipulation. CHAIRMAN KAUFMAN: Okay. Helen, do you want to move this, and we'll get a motion from the Board to do that. MS. BUCHILLON: Yes, sir. MR. WHITE: You won't need a motion, Mr. Chairman. It's at staff's discretion as to whether they bring -- I mean, if they do get a stip, then you will amend the agenda. But for now, they just choose to present the case later. CHAIRMAN KAUFMAN: Okay. Why don't you guys go out in the hall and hash it out and hopefully come up with an agreement. MR. D'ELIA: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. D'ELIA: Thank you. MS. CURLEY: How come we don't just hear the case? CHAIRMAN KAUFMAN: Because they asked for time to go out in the hall -- MS. CURLEY: No, they didn't. He did. CHAIRMAN KAUFMAN: That's right. MS. BUCHILLON: Next case, No. 9, CESD20220005192, Jose L. Alvarado Mata. 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. MATA: Yes. MR. CASTILLO: Yes. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. MATA: Luis Alvarado Mata. CHAIRMAN KAUFMAN: Okay. And, sir? May 25, 2023 Page 35 MR. CASTILLO: Asero (phonetic) Castillo. CHAIRMAN KAUFMAN: Are you going to be the translator for this gentleman? MR. CASTILLO: Yes, whatever he doesn't understand. CHAIRMAN KAUFMAN: Okay. And you'll swear him after as a translator. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. CASTILLO: I do. CHAIRMAN KAUFMAN: Okay. Charles? MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220005192 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i), an unpermitted tiki hut located at 5016 18th Avenue Southwest; Folio 36118520006. Service was given on November 7th, 2022. This case originated as a Contractors Licensing referral on June 21st, 2022. On July 6th, 2022, I made contact with property -- with the property resident, Isvara (phonetic) Alvarado, who signed an entry consent form and allowed me access to the rear of the property to view the violation. I did witness a shed, a roofing structure, and tiki hut all erected prior to obtaining proper Collier County permit. A notice of violation was prepared and served on August 1st, 2022. On August 30th, 2022, Permit PRCP20220841657 for the shed was applied for. That permit was never issued. May 25, 2023 Page 36 Due to an error on the first notice of violation, a new notice was served on November 7th, 2022. Permit check on November 23rd, 2022, showed that the permit had been rejected. On December 19th, 2022, the permit was canceled. On January 23rd, 2023, the case was assigned to Investigator John Negra. Investigator Negra noted that the tiki hut was still visible in the rear of the property from the street. He attempted to contact the owner at the time and was unable to establish contact. On January 25th, 2023, Investigator Negra was able to establish contact with property owner, Jose Mata, and confirmed the removal of the shed in question as well as the shade structure. He informed Mr. Mata that the tiki hut still required permitting for the case to be closed. On March 16th, 2023, Mr. Mata informed Investigator Negra that his permit application was not accepted due to the handwritten nature of the documentation that he was attempting to turn in. He also stated at that time that he had hired a firm to produce the necessary documentation in order to get the required permitting. On March 31st, 2023, no permit application on file for the tiki hut showed. As of today, no permit applications for the required structure is on file. Violation remains. I would now like to present case evidence in the following exhibits: Five pictures taken by myself on June 6th, 2022, showing initial conditions. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MARINOS: He has. CHAIRMAN KAUFMAN: Do you have any objection to those pictures? MR. CASTILLO: It's okay. CHAIRMAN KAUFMAN: Okay. Get a motion from the May 25, 2023 Page 37 Board to accept the photos. MS. ELROD: Motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: You said you had six pictures from the initial site visit, is that what you said? And I have more than six pictures in here. MR. MARINOS: Yes, I have more than that. I just got the first line there. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Nice. MS. CURLEY: I like it. MR. MARINOS: Okay. So, excuse me. Sorry. Let me get back to where I was. Yeah, five pictures taken by myself on June 6th, 2022, showing initial conditions; two pictures taken by Investigator John Negra on February 13th, 2023, showing removed violating structures; one picture taken by myself on May 4th, 2023, showing removed violating structures; and one picture taken by myself on May 24th, 2023, showing current conditions. May 25, 2023 Page 38 MR. LETOURNEAU: Let me go back to the beginning here. CHAIRMAN KAUFMAN: Okay. That's the tiki hut. MR. MARINOS: That's a tiki hut in question. That is the shed that has been removed at this point. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Shed removed. Tiki hut. MR. MARINOS: Here's another angle of the tiki hut. That has also been removed. That is a kind of shade structure/gazebo. There's where the shed had been sitting. That's just another angle of that. Showing it's been still removed. And then yesterday's picture. I was unable to get access to the property, but you can see the edge of the tiki hut from the legal vantage point. MS. CURLEY: If that pine tree would grow just a little bit. CHAIRMAN KAUFMAN: Okay. Do you have any other photos? MR. MARINOS: That was it. CHAIRMAN KAUFMAN: Okay. Sir, it looks like the -- if I can summarize, there's a tiki hut that's supposed to be removed and hasn't been, and there's no permit on it. MR. MARINOS: Yes, sir, removed or permitted would be accessible. CHAIRMAN KAUFMAN: Okay. MR. CASTILLO: He said that he was never notified for the tiki bar and the fence. That only the rest of the stuff, the old shed and the other shade place. CHAIRMAN KAUFMAN: So he never received any notification that the tiki hut was in violation, is that what he's saying? MR. CASTILLO: That's what I'm saying -- that's what he's saying. CHAIRMAN KAUFMAN: Okay. The paperwork that was May 25, 2023 Page 39 provided, did it show the tiki hut? MR. CASTILLO: He said he went to the county, and they only told him it was for the fence and the shed. CHAIRMAN KAUFMAN: Let me -- MR. MATA: No tiki bar. CHAIRMAN KAUFMAN: -- see if I can make this clearer. Was the shed -- was the tiki hut built by this gentleman? MR. CASTILLO: Somebody made it for him. CHAIRMAN KAUFMAN: Okay. Did they get a permit when they built it? MR. CASTILLO: No. CHAIRMAN KAUFMAN: That's the violation. MR. FUENTES: The issue is, too, notice of violation that was presented to the homeowner specifically states here that multiple structures in the rear of the property were erected prior to obtaining the proper permitting including a shed, an attached overhang, a tiki hut, and a free-standing aluminum structure. This notice of violation was presented to them, and it does seem that he has also signed it along with the investigator himself on November 7th, 2022. So he was given the proper correspondence, and he did sign off on this as well. MR. CASTILLO: He's saying that who signed it? CHAIRMAN KAUFMAN: He signed it. MR. FUENTES: Camilla Alvarado. MR. MATA: That's my daughter. Not me. MR. FUENTES: How old's your daughter? MR. CASTILLO: Eighteen. MS. CURLEY: Well, just point -- excuse me. A point of reference, the next subject -- the next sentence below, it says ordered to correct violations, and you have No. 1 and No. 2. And I've pointed out to Helen already that in No. 2 there is an error. It's May 25, 2023 Page 40 stating a 2007 Florida Building Code that he has to reference to. So the original notice of November had a -- I don't know if I want to call it a typo, but it's a mistake in the direction of the building code. MR. FUENTES: So his daughter is 18. And if I'm not mistaken, Jeff -- you can correct me if I'm wrong here -- but her signing would constitute as receiving proper correspondence. MR. LETOURNEAU: Yeah. For the record, Jeff Letourneau, Collier County Code Enforcement. In Florida Statute 162, 15 years or older is legal to sign a code enforcement document. MR. FUENTES: So she falls within that legal requirement. MR. CASTILLO: He's saying that, shouldn't it be the owner of the house, not a member of the family? MR. FUENTES: It's whoever's residing within the house that can legally sign. It would have been her duty to inform him of the violation that has been open now for over five, six months. MR. LETOURNEAU: Once again, it's -- 162 also states an occupant of the property where the violation occurs. MR. FUENTES: Any occupant. MS. CURLEY: Okay. Well, can we talk about the tiki hut and whether he wants to get a permit for it? Because it sure is nice. CHAIRMAN KAUFMAN: It's nothing to talk about. It's a structure that has not been permitted. It either needs to be removed, or they have to pull a permit on it. MS. CURLEY: Okay. So I'll -- CHAIRMAN KAUFMAN: Since it was -- MS. CURLEY: Sorry. CHAIRMAN KAUFMAN: Since it was built or had it built by the owner, you can't go for a permit by affidavit. You have to -- MS. CURLEY: That's not true. We've had this discussion before. MR. LETOURNEAU: They can't -- I think Mr. Kaufman is May 25, 2023 Page 41 correct that the building official normally would not issue a permit to somebody that -- a permit by affidavit to somebody that built the structure. That only applies to if you buy the property and the violation is already on there. MS. CURLEY: What does he need an affidavit for? He just needs to get a permit for it -- MR. LETOURNEAU: Right. No. He can get a normal permit, yeah, just like anybody else would, yep. CHAIRMAN KAUFMAN: That's what I said. MS. CURLEY: So he's not getting a permit by affidavit. He's just got to get a permit. CHAIRMAN KAUFMAN: That's what I said. He either gets a permit, or he has it removed. MS. CURLEY: I'll make a motion a violation exists. Let's start there. CHAIRMAN KAUFMAN: Okay. We do have a motion -- MR. FUENTES: Second. CHAIRMAN KAUFMAN: -- and a second that a violation exists. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we have a motion that the violation exists. And do you have a suggestion for us, Chuck? May 25, 2023 Page 42 MR. MARINOS: I certainly do. All right. Recommendation: That the Special -- sorry -- 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 the violation by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the tiki hut within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; And, two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question about the tiki hut. Does it extend out to the canal? MR. MARINOS: It extends over the canal just a small bit. MR. FUENTES: If you want to take this moment -- that way he doesn't say he wasn't informed. He is being basically -- he's found in violation. Now we're going to determine the amount of time we're going to grant him along with -- if he doesn't comply within that reasonable amount of time, there would be a fine that would be imposed. That way you can relay that to him so that the next him he's not [sic] here he doesn't say, you know, I wasn't aware. MR. CASTILLO: He says that he's going to look for the permit. May 25, 2023 Page 43 CHAIRMAN KAUFMAN: He's going to -- MR. CASTILLO: He's going to apply for the permit. CHAIRMAN KAUFMAN: He's going to -- okay. Okay. So it comes down to how much time he'd probably need for that. It's built already, so I guess he applies for a permit. They do the necessary inspections. Does it have electric? MR. MATA: No. MR. FUENTES: Do we know if it meets the boundary line, the setbacks? MR. CASTILLO: No, sir. MR. MARINOS: We don't know that for sure. MS. CURLEY: Do you have a survey of your property? CHAIRMAN KAUFMAN: I think that all comes to be -- when he applies for the permit, they will do the inspection and take care of whatever else is required by the respondent. (Simultaneous crosstalk.) MS. CURLEY: Yes, but it depends on how many days we're going to give him. If he has a survey, then he can -- he's going to need less. If he doesn't have a survey, then he's going to need eight months. MR. WHITE: And it would, Ms. Curley, of course, I presume have to be a survey that's an existing-structure survey, not one from before the tiki hut was erected. CHAIRMAN KAUFMAN: Okay. Lee, you have a question -- (Simultaneous crosstalk.) MR. RUBENSTEIN: Yeah. (Simultaneous crosstalk.) MR. RUBENSTEIN: The permit that you're going to go for, is that a permit for the tiki hut or to remove it? Is it a demolition permit? MR. MATA: No, no, for the tiki bar. May 25, 2023 Page 44 MR. AYASUN: Permit, to stay. MS. CURLEY: I'll fill in the blanks, if anyone cares. I'll give him 120 days or $50 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: I'll second it. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Does he understand that? Okay. MR. CASTILLO: Yes. CHAIRMAN KAUFMAN: A hundred and twenty days, is that what -- MR. AYASUN: A hundred and twenty days. MS. BUCHILLON: A hundred and twenty days, $50 a day. CHAIRMAN KAUFMAN: A hundred and twenty days -- MS. BUCHILLON: And operational costs, 30 days? CHAIRMAN KAUFMAN: -- is not six months. MS. CURLEY: Yes. Operational costs for today's hearing are to be paid within 30 days. CHAIRMAN KAUFMAN: A hundred and twenty days is, like, four months. May 25, 2023 Page 45 MR. CASTILLO: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. MR. CASTILLO: Welcome. CHAIRMAN KAUFMAN: Thank you. MR. LETOURNEAU: We've got one more. MS. BUCHILLON: Next one is No. 10, CEAU20220007161, Jose L. Alvarado Mata. CHAIRMAN KAUFMAN: This is the case with the fence. MR. CASTILLO: Oh, the fence. (The speakers were previously duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. So, Chuck, you want to take the ball on this? MR. MARINOS: Absolutely. Good morning again. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CEAU20220007161 dealing with violations of the Florida Building Code, Seventh Edition 2020, Chapter 1, Part 2, Section 105.1, an unpermitted fence in the rear of the property attached to a tiki hut located at 5106 18th Avenue Southwest; Folio 36118520006. Service was given on November 14th, 2022. This case originated as a case split from parent case CESD20220005192, which was based on Contractors Licensing referral on June 21st, 2022. During a determination for parent case, it was found that the fencing on the property was erected prior to obtaining proper permitting. A notice of violation was prepared and served on August 1st, 2022. No permitting was applied for until a scrivener's error prompted me to reissue the notice of violation on November 14th, 2022. May 25, 2023 Page 46 Investigator John Negra was transferred this case on February 15th, 2023. At that time, Investigator Negra noted that the fence persisted and no new permit applications were on file. On March 16th, 2023, Mr. Mata informed Investigator Negra that he has attempted to apply for a permit but had been rejected due to the handwritten nature of his documentation. He also advised that he had hired a firm to generate the required documentation at that time. I was transferred back this case on April 21st, 2023, at which time I noted that the front fence had been removed from the property, but the fence in the rear attached to the tiki hut remained unpermitted and erected. At this time no permit applications have been submitted for this fencing, and the violation remains. I would now like to present case evidence in the following exhibits: Two pictures taken by myself on July 6th, 2022, showing initial conditions. CHAIRMAN KAUFMAN: Has the respondent seen the pictures? MR. MARINOS: He has. CHAIRMAN KAUFMAN: Okay. Do you have any objection to the pictures of the fence? MR. CASTILLO: You can see the pictures. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board -- MS. ELROD: Motion to accept the pictures. CHAIRMAN KAUFMAN: -- to accept the pictures. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. May 25, 2023 Page 47 MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: All right. Yes, two pictures taken by myself on July 6th, 2022, showing initial conditions; one picture taken by Senior Investigator Ryan Cathey on January 4th, 2023, showing removed violating structures, and one picture taken by myself -- sorry, two pictures taken by myself on May 24th, 2023, showing current conditions. MR. LETOURNEAU: Okay. Chuck, you want to explain? MR. MARINOS: So this was one of the two fences in question when the case first came about. This fence is now removed, as we'll see in further pictures later on. This is the fence in question that still remains attached to the tiki hut. MS. CURLEY: How long is that piece? MR. MARINOS: It extends to both sides. It kind of goes from one edge of the property to the other, the width of the property. This is the removed front fence section. You can still sort of see the tiki hut fence in the rear there, but you'll get a better picture coming up. There is the remaining tiki hut. That was taken yesterday. Again, could not get access to the property, so I had to take it from a legal viewpoint. And, clearly, you can see the front fence has been removed as May 25, 2023 Page 48 well. MS. CURLEY: So we're talking about that little, like, four-foot-high fence thing? MR. MARINOS: Yeah, the four-foot-high fence that runs along the canal. MR. LETOURNEAU: Yeah. We can still assume that it probably encircles the tiki hut and travels out the other side. CHAIRMAN KAUFMAN: Okay. And the reason that was rejected originally was because it was handwritten? MR. MARINOS: The notes that I have -- I was not there for that meeting -- state that it was a handwritten documentation, handwritten drawings, essentially missing the required stamps and approvals -- CHAIRMAN KAUFMAN: Okay. MR. MARINOS: -- to have the permit actually applied for. CHAIRMAN KAUFMAN: Okay. Sir? MR. CASTILLO: Yes. CHAIRMAN KAUFMAN: That's the fence in question. MR. CASTILLO: Right. He's telling me now that -- he's asking, when did he take that picture? MR. MARINOS: That one was the 6th of July, 2022, at the same time the other pictures were taken in the rear of the property. I have an entry consent form. MR. LETOURNEAU: But this picture right here was taken yesterday. MR. MATA: Okay. Today I got -- put in the permits. They didn't charge [sic] me for the permits. CHAIRMAN KAUFMAN: So if I understand you, when you do the permit for the tiki, you're going to get a permit for the fence? MR. MATA: Yeah. CHAIRMAN KAUFMAN: Okay. Well, if that's the case, we May 25, 2023 Page 49 could probably do the same solution. First, we have to find out if a violation exists. MS. CURLEY: Motion a violation exists. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Reminding everybody what the last case was, I think it was 59.28, 120 days, and $50 a day thereafter. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. So we're going to impose the same exact fine and time frame on this as the other one. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) May 25, 2023 Page 50 CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Thank you. MR. MATA: You're welcome. MR. WHITE: I'd note for the record that everyone was previously sworn, and I'm assuming the motion would have included the 59.28 operational costs within 30. CHAIRMAN KAUFMAN: That's correct. MR. WHITE: Just for clarity sake. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Thank you. MS. CURLEY: Good luck. MR. MARINOS: Thank you. MS. BUCHILLON: Next case -- CHAIRMAN KAUFMAN: Yes, Helen. MS. BUCHILLON: -- No. 13, CESD20230000438, Cindy Hill Land Trust. The next three cases are for the same respondent. CHAIRMAN KAUFMAN: Number 13. MS. BUCHILLON: Number 13 is the first one. CHAIRMAN KAUFMAN: And we have -- I have slips for five people, speakers -- MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: -- on this agenda item. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Mr. Chairman, I'm going to ask staff as well, and the Board, if -- since they all appear to be permitting cases, I don't know if there's any advantage in having them presented simultaneously but taking separate action at the end for each of them; is that feasible -- CHAIRMAN KAUFMAN: Yes, that's what we typically do. MR. WHITE: -- in the interest of time? May 25, 2023 Page 51 CHAIRMAN KAUFMAN: We'll hear them all together, but we'll vote on them individually. MR. WHITE: So do you want to introduce all three, Helen, please. CHAIRMAN KAUFMAN: Okay. Do you want to -- MS. BUCHILLON: Do you want me to say all the cases now or when we're going to do each one? CHAIRMAN KAUFMAN: We're going to -- we're going to hear them all together and then vote on them individually. MS. BUCHILLON: Okay. MR. WHITE: You'd have to announce them all. MS. BUCHILLON: Absolutely. I will. Okay. Next case, No. 14, CESD20230000439, Cindy Hill Land Trust, and the last case would be No. 15, CESD20230000440. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I would simply note for the record that they have slightly different street addresses, and hopefully we can get that clarified during the presentation by staff. MR. LETOURNEAU: John, these are similar enough that you feel comfortable doing them all at once here. MR. JOHNSON: Yes, sir. MR. LETOURNEAU: Thanks. CHAIRMAN KAUFMAN: Okay. Sir, could you put your name on the microphone for us, please. You can lift it up. You're tall. Me, it goes down lower. MR. COLEMAN: Roger Coleman. CHAIRMAN KAUFMAN: Okay. And, John -- you got everybody sworn? THE COURT REPORTER: (Shakes head.) CHAIRMAN KAUFMAN: No. Swear everybody. THE COURT REPORTER: Do you swear or affirm the May 25, 2023 Page 52 testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MR. LETOURNEAU: Mr. Coleman, what's your association with Cindy Hill Land Trust? MR. COLEMAN: I'm familiar with the owner, and then I'm also part of the contracting. MR. LETOURNEAU: And one of these gentlemen here with you is the owner? MR. COLEMAN: They live here. No, they live -- they're renters in those houses. MR. LETOURNEAU: Okay. All right. MR. JOHNSON: Mr. Letourneau, he has a letter from Mr. Clay, the owner, asking him to represent him. MR. LETOURNEAU: All right. I'm just trying to establish -- CHAIRMAN KAUFMAN: Okay, John. You're up. How's your hip. MR. JOHNSON: Better, thank you. MR. LETOURNEAU: John, where's that letter at? MR. JOHNSON: It's in his hand. I didn't have a copy of it prior to the -- MS. BUCHILLON: I have a copy here. MR. JOHNSON: Oh. Here. And everyone has one but me. MR. KLATZKOW: Do you have a signed copy of this? MR. COLEMAN: I don't. I have what he sent me. MR. WHITE: So you received this by email? MR. COLEMAN: Yes. MR. WHITE: And your testimony today -- your sworn testimony is that it was received from an email address from James Clay? MR. COLEMAN: Correct. May 25, 2023 Page 53 MR. WHITE: Thank you. CHAIRMAN KAUFMAN: He can state that he has the authority to act on behalf of the owner, and as long as he swears to that, we should be good. Is that correct, Pat? MR. WHITE: That's correct, in conjunction with the email that you've been provided as part of the record. CHAIRMAN KAUFMAN: Okay. Well, we finally got to it. John. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CESD20230000438 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i), specifically, repairs and remodel on the main floor of the primary structure, including but not limited to, windows, doors, walls, A/C unit, electrical, and plumbing were started without the required building permits. The location is at 189 Pago Pago Drive West, Naples, Florida 34113; Folio 52392480001. Service was given on January 20th, 2023. On January 12th, 2023, Collier County building official, Mr. Fred Clum, determined that unpermitted work had been done at this residence. On January 20th, 2023, the notice of violation was served via posting the property and the courthouse. To date there is no permit application on file; therefore, the required permits have not been issued, and the violation remains. I would now like to present the following case evidence. He has seen the pics and so on. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Roger, you're okay with the pictures I showed you, right? May 25, 2023 Page 54 MR. COLEMAN: Yes. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept the photos? MS. ELROD: Motion to accept the photos. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Can I just point out on this, since we're hearing all of them at the same time, are these four separate units? MR. JOHNSON: There are three separate homes. They are -- in fact, you'll see it on the first piece of evidence. The Collier County Property Appraiser -- can we put that -- MR. LETOURNEAU: I just want to -- I've got a question for you, John. You did mention 10.02.06(B)(1)(e)(i) on the 438 case; however, that isn't on the agenda, so -- MR. JOHNSON: It's on the statement of violation. MR. LETOURNEAU: It's on the statement of violation. (Simultaneous crosstalk.) MR. LETOURNEAU: I just want to get that on the record. MR. JOHNSON: Yeah. Sorry. MR. LETOURNEAU: No problem. May 25, 2023 Page 55 CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: So if we could -- if we could -- Jeff, if we could put up the -- so this is one of the properties. In fact, all three of these cases, they go one, two, three. They're all contiguous, at this point, on Isles of Capri. MR. WHITE: Do you have the microphone you could use, please. MR. JOHNSON: Yes, I do. MR. WHITE: Very good. MR. JOHNSON: Three contiguous properties at the end of Isles of Capri -- at the end of Pago Pago. And the sequence is this one, this one, and this one, so -- and all the violations are the same. CHAIRMAN KAUFMAN: Okay. Okay. MR. WHITE: Point of clarification, if I may, Mr. Johnson. MR. JOHNSON: Yes. MR. WHITE: On Case No. 15, similarly, Section 10.02.06(B)(1)(a), as stated on the agenda, does the NOV and other documentation also include the other Section 10.02.06(B)(1)(e)? MR. JOHNSON: Yes. The statement of violation and the notice of violation include both violations, yes, sir. MR. KLATZKOW: Thank you. MR. JOHNSON: Okay. MR. LETOURNEAU: We're going to start scrolling down this presentation. MR. JOHNSON: Okay. So -- yeah. So this -- this piece here is the evidence from the building official that a violation exists regarding permitting. It requires permitting. And then the next five photos were taken by Contractor Licensing Investigator Timothy Broughton on January 11th. And you can see some of the stuff that has happened. There's a piece of missing floor and so on. And then down at the bottom is the -- is the stop work order that May 25, 2023 Page 56 was placed by Contractor Licensing, which they did stop all work from that stop order. CHAIRMAN KAUFMAN: So this includes electrical, plumbing? MR. JOHNSON: Yes, sir. Floor, structural, quite a bit on this one. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Were all these homes flooded in the hurricane; is that what's happened? MR. JOHNSON: It was all Ian-damage related. Now, I don't know what it was like before Ian, but certainly Ian did them in, so to speak. There was heavy flooding there, yeah. MR. LETOURNEAU: So how do you want to do this? Do you want me to go to the other pictures right now of the other cases? CHAIRMAN KAUFMAN: Yeah, might as well. MR. LETOURNEAU: Okay. Here's 439. MR. JOHNSON: Now, as we're going through 439, there is a building permit application on file, but it has not been approved. The first one has no permit application on file. This second one does, and it's actually currently under review. That's the only difference as far as casework goes. And you'll see on these pictures that, you know, quite a bit of work has been done here, but it was done without permits. So they still need to get that permit. That permit's under review, okay, but not approved yet. And the stop work order, they did -- like I say, when Contractor Licensing posted the stop work order, all work was stopped. No work has been done since on the structures. They've been working on the -- MR. LETOURNEAU: Can you name the dates of the pictures in the record? Do you have that in front of you for this particular case or -- May 25, 2023 Page 57 MR. JOHNSON: I can. All these pictures were taken by -- if you can slow the scroll there for a second -- were taken by Contractor Licensing Investigator Timothy Broughton on January 11th, 2023. MR. LETOURNEAU: One, two, three, four -- four pictures. Are you okay to move on to the next case? CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: Okay. MR. RUBENSTEIN: Do we have anything current? MR. LETOURNEAU: No. MR. JOHNSON: Nothing has changed. Nothing has changed, because there's a stop work order. They honored the stop work order right away. MR. RUBENSTEIN: Is the house occupied? MR. JOHNSON: That's a great question. The -- I can't see the picture. MR. RUBENSTEIN: Either one of them. MR. JOHNSON: One is -- one is actually a duplex. If you can show me the picture, Jeff, of the finger -- MR. LETOURNEAU: Are we talking about this one right now? Yeah. MR. JOHNSON: That one -- that one is a duplex. The second floor is actually -- to my knowledge is occupied by a renter. All of these properties -- another good question. All of these properties are rental properties. MR. LETOURNEAU: Okay. Once again, the determination. And, John, could you state in the order how many pictures and when they were taken, by who? MR. JOHNSON: Yes. Same thing -- which one am I on, 440? 440? MR. LETOURNEAU: Yep. MR. JOHNSON: Five photos taken by Contractor Licensing May 25, 2023 Page 58 Investigator Timothy Broughton on January 11th, 2023, including a photo of the stop work order that was issued. Again, this one -- this property, they have applied for a permit. The permit application at this time was incomplete. MS. CURLEY: Who's applying for it? Is it an owner builder or no? MR. JOHNSON: Great question. You know, he doesn't live there, so it's a contractor. He's hired a contractor. And I think there's an engineer involved. And Roger will explain a little more on one of the properties; in fact, the first one that we saw that was in a bad state, if you would. So that's my testimony on all three, and then I move to, when you're ready, a recommendation. MR. RUBENSTEIN: I have a question for you, John. MR. JOHNSON: Yes. MR. RUBENSTEIN: Right here. Pago Pago, zoned single-family, right, not multifamily? MR. JOHNSON: Actually, I checked -- that's a great question. I checked that, and it actually shows for that one, that middle one, that it is multifamily. You can see multifamily less than 10 units as the use code. And I don't have a complaint for that particular -- if that is an issue, but the multiuse -- it shows multiuse less than 10, so... MR. LETOURNEAU: Yeah, we'd have to research that. MR. RUBENSTEIN: Yeah, it says multi-family. MR. LETOURNEAU: At the time we don't have a complaint about that particular subject. MR. JOHNSON: Right. CHAIRMAN KAUFMAN: Okay. We have -- before we go to the respondent, we have six slips for people who want to speak on this. We can have them speak before or after Roger. Do you have any preference? May 25, 2023 Page 59 MR. COLEMAN: I can go last. Because, like I said, we have two permits in process, and the third one we're going to permit -- CHAIRMAN KAUFMAN: Okay. MR. COLEMAN: -- depending on how that plays out. CHAIRMAN KAUFMAN: Why don't we start out with -- MR. JOHNSON: Do you want to speak, anybody? CHAIRMAN KAUFMAN: Okay. I'll call the name, and you can -- Greg. MS. BUCHILLON: Sir -- you can stay there, Roger. CHAIRMAN KAUFMAN: Greg, Ken, Joe. Notice I'm reading the first names because I couldn't pronounce your last name if my life depended on it. Cas -- forget it. MR. CASTROGIOVANNI: Castrogiovanni. CHAIRMAN KAUFMAN: Brandy [sic], and Giovanone. MR. WHITE: They were all sworn. CHAIRMAN KAUFMAN: Okay. So I have the slips. Everybody's present. Why don't you go first, and we'll go from there. MR. WHITE: Sir, you're going to need to state -- each of you are going to need to state your name and your street address and then whatever it is you'd care to have the Board hear. MR. SEARS: Okay. Thank you. Good morning to everybody. My name is Randy Sears. I live at 164 Pago Pago Drive West. I am approximately 500 feet. That street kind of run east and west. If I could borrow that pointer -- you got it. If I could borrow or point to it. Is it okay if I point to it? CHAIRMAN KAUFMAN: Sure. You've got the microphone. You can walk right over to it. MR. SEARS: Thank you. MS. CURLEY: Can you point to this one so we can see you? CHAIRMAN KAUFMAN: Excuse me. Point on the one on May 25, 2023 Page 60 the wall. MR. SEARS: Okay. I'm sorry. CHAIRMAN KAUFMAN: That's okay. MR. SEARS: This street right here runs east and west. Obviously, this is west down here. This is the three properties in question. My home is right here. CHAIRMAN KAUFMAN: Okay. MR. SEARS: Okay. What I am basing my problems that I've had ever since I've been here in 2015 is stormwater, which relates a lot to right here. Well, this side of the street coming all the way down, you've got drainage sewers underground with no outfall ditches, zero. On this side of the street, Collier County -- you can see them right here, you can see them right here, you can see them here, you can see them here. You, Collier County, has made each and every one of us put in culverts, permits. We've had to comply to everything. On this side, the older homes over here have had to put in underground storm sewers, like I said, but this property in question from right here all the way around this cul-de-sac has nothing. There's nothing. It has nothing. These three here have nothing. So all the stormwater comes out here. It runs right out in this cul-de-sac and goes from eyeshot at elevation. From right here to right here, it's eight-tenths. This right here is eight-tenths higher than this down here. So that means the water's going downhill. So where do you think it's going to? CHAIRMAN KAUFMAN: Your house. MR. SEARS: Exactly, and my neighbor's house, and my neighbor's house. Okay. That's a bad problem. So all the pollutants, septic, sewer, anything that he's got in the yards out there, it sheets right across. It May 25, 2023 Page 61 sheets right out. These places have got ditches that will at least catch it, but Collier County, they didn't put in any -- in 1956 when they did this, they didn't put -- not one -- outfall ditch except we found one right beside my house. One outfall pipe, and we found it. My neighbor and I found it, okay. So I turned around and I said, I'm going to stormwater. I started there. I went to Road Maintenance. Everybody passed the buck, passed the back, passed the buck. I said, all this man's sewer, his trash is filling my ditch up. I'm constantly out there picking this up. It's all coming from up there and down here. And all the other neighbors along the way, it's doing the same thing. Okay. I got this for the Board right here. I'm going to give it to you, whoever wants it. You take it and read it. This is a letter right here from Bob Dorton -- or Dorta. That's the man that wrote me and sent me all these emails, and he said that this outfall ditch, we don't have anything to do with it. It's private. It's a private outfall. So it was stopped up, rusted off, collapsed from all this trash that's coming from up -- the pollution that's coming from up there, coming down there. A neighbor and I, we fixed this pipe some kind a way. We fixed it to let the outfall go out there. So we got a little bit of water going out of there. But every time we get a little bit of rain, half inch of rain, our ditches fill right up, stuff floats down there from up the street. Here it comes. They don't have any ditches up there. It just sheets right out of their yard. So in the course of saying this, anytime that I do a remodel or anytime that I build something, I've got to put silt fenced around everything to catch it. They haven't put anything up, zero. MR. LETOURNEAU: Sir, I would say that their permits aren't issued yet, so once their permits are issued, they will need to put them up, obviously. MR. SEARS: Okay. Now looking to the next step, why don't May 25, 2023 Page 62 you put outfall ditches down there and let him keep his water down there? MR. LETOURNEAU: Well, I would think -- for the record, Jeff Letourneau, Collier County Code Enforcement. This isn't really the right venue to be discussing this, because it really has no bearing on the cases at hand of just rebuilding the houses right here. This is a totally separate issue. You could file a complaint with Code Enforcement. MR. SEARS: I have. MR. LETOURNEAU: And what was the outcome? MR. SEARS: That paper you've got right there. MR. LETOURNEAU: Okay. And that's from Code Enforcement? MR. SEARS: We don't own anything down as far as ditches. It's all private. It's all private. So that's what I'm telling you. MR. LETOURNEAU: Okay. MR. SEARS: Why are you making -- if you do decide to do something with this code, with this problem, with these houses, keep the drainage water -- the stormwater that DEQ would make him do -- just like DEQ would make him do. Keep it down there. Let it run out some outfall ditches down there. MR. LETOURNEAU: Okay. That's -- all right. CHAIRMAN KAUFMAN: The cases that we're hearing today -- MR. SEARS: I understand. CHAIRMAN KAUFMAN: -- are code cases -- MR. SEARS: I understand. CHAIRMAN KAUFMAN: -- okay, without permits. What goes in the permit, how they redirect the water and all the rest of that is part of the permit that was never issued. MR. SEARS: I understand. May 25, 2023 Page 63 CHAIRMAN KAUFMAN: So your complaint, to my way of thinking, would need to go through the folks at -- MR. LETOURNEAU: I would say the Building Department and the Zoning Department. You know, I'm not really sure they're going to do any kind of drainage on this type of a rebuild. Maybe if one of these -- the most damaged one is over 50 percent, and FEMA stuff comes into play, at that point there might be some drainage. But I don't think the other two are going to -- you know, the rebuilding of that are going to have any effect on the drainage. CHAIRMAN KAUFMAN: Well, part of the -- MR. SEARS: They've got septic pollutants just coming my way. That's the problem. I'm worrying about pollutants that's coming that way. I understand your situation. I just wanted to get my point across about pollutants, the drainage that's coming that way from there. CHAIRMAN KAUFMAN: Okay. And we appreciate that. MR. SEARS: Thank you. CHAIRMAN KAUFMAN: Board of Health would be another venue that you could go through. MS. CURLEY: Well, I like that he's come here because there's an issue. And maybe -- you know, you never know, the work was started because maybe they -- they probably couldn't have gotten a permit to begin with. So the waiting game, and the clock's ticking now. So you'll see the demise of each of these homes by the status of the permits. It was unfortunate that they started renovating before they knew whether they were allowed to by FEMA or not. It's sort of a little unethical, and I agree with you. MR. SEARS: Thank you. CHAIRMAN KAUFMAN: Okay. Next speaker. MR. CASTROGIOVANNI: Joe Castrogiovanni, 168 Pago Pago West. May 25, 2023 Page 64 I'm Randy's neighbor to the west. And what we're concerned about is we've got basically six brand-new homes since '15, and we've, of course, followed the code, got our permits, did everything that is necessary. There's a new home being built following the same codes across the bay. And what we're concerned about is the fact that work in the past has been done without a permit on these three homes. Our homes are valued anywhere from two-and-a-half to five million dollars, and we've got homes at the end of the street that are not being kept up. We have -- the newest home, 184, has been brought up to code. It's a very nice home. We have no real concerns with that home. It's the other two homes. And all we're asking is that they're being brought up to code. The duplex has got potential to be remodeled under code with the -- with the required restrictions that are going to be imposed on it. The other home, the first home that was discussed by Mr. Johnson to -- with its value, there is no way that home can be rebuilt. It needs to be destroyed and removed, and the property needs to be improved. I believe -- well, I know all three -- or the two homes are below flood stage, so the reoccurrence of this is going to be continuous. At the same time, the concern is is that we know the property owner has been -- well, he has told us that he's been offered over $4 million for just the two lots of the homes that need to be renovated, but he continues to, you know, feel that the rental for him is the way he wants to go. So all I'm asking the county is to enforce the codes and the laws that are required by us to be put towards him. Thank you. CHAIRMAN KAUFMAN: Okay, thank you. Next. MR. GATLIN: Hi. Hello. I'm Greg Gatlin at 172 -- I always say West Pago Pago. I live about -- I'm at this house here. So I'm May 25, 2023 Page 65 five houses down -- about five houses down. I've got grandkids that come stay with us, and my first thing's safety. I've had two dead rats in my yard the last five days. I'm assuming poison is what did that. So I'm concerned about my kids riding little bicycles now. They're at that age where they can kind of explore. And, you know, you watch them the best you can but, you know, life gets in life's way sometimes. I'm just concerned about the rats and the safety of anybody. We have a lot of dog walkers, bicycle riders, and the houses are just not safe. If we have another storm coming up soon, which we're getting into that season, who knows what will be flying around in the air damaging everybody else's houses around there as well as the flood waters. I've been there since 2011, and my yard's always flooded. I've had it up to the top of my mailbox before because it doesn't drain properly. It goes away quick, but it still doesn't have a place to go at the time of accident or the storm. But, really, that's all I've got to say. It's just safety is my biggest concern of children and just the people that live in the neighborhood. So thank you. CHAIRMAN KAUFMAN: Thank you. MR. GIOVANONE: Good morning. My name is Mike Giovanone, 180 Pago Pago West and 176 Pago Pago West. This is a very difficult situation, because we have good tenants that are living next to me, contiguous to 184. It's not -- our issue is not 184 at this point or for the future. The home in the middle and the home to the right, which would be 185 and 189, have been in disrepair for several years. The problem -- the underlying problem here is that you have an absentee owner who lives in a beautiful estate here on Marco -- or over in May 25, 2023 Page 66 Marco who can't see this from his house. His house is kept impeccable, like we try to keep ours. We have tried to deal with this man most recently about the rat problem with no response. 189 has to come down. I think anyone that sits on this board or that the -- the fine men and women of Code Enforcement have attested to over time, would see, upon pulling in, that this house cannot be brought up to code in a 50/50 rule or whatever. CHAIRMAN KAUFMAN: Let me stop you for one second. MR. GIOVANONE: Yes. CHAIRMAN KAUFMAN: The building official is the one who would determine whether a house has to be -- MR. GIOVANONE: Right. CHAIRMAN KAUFMAN: -- taken down or not, not the Code Enforcement Board. MR. GIOVANONE: I'm sorry. CHAIRMAN KAUFMAN: We're only -- we're here to hear the case of them not pulling building permits, which will encompass a lot of the things that you folks have brought up. MR. GIOVANONE: Right. And my point is that if you have an owner that is dis-concerned with the entire event, it's not going to get any better. It's going to keep happening over and over, storm after storm. Again our -- at least speaking for myself, my main concern is 189. It is unsafe, it is structurally unsound, and it should come down. The middle house should be brought up to code and made presentable for our neighborhood. We have a great street. We have great neighbors. Everyone tries so hard to keep their properties impeccable. And it's an insult at times that we can't get an owner of properties to even engage in this, which you can clearly see it's been, what, six, seven, eight months, and it's still -- he's keeping these fine May 25, 2023 Page 67 tenants from moving back in their house. That's ridiculous. He just doesn't care about anything. I don't want to make it personal, but, you know, when you live next to this and you have to get up and walk down your driveway in the morning and look at this total disrepair, I think it's a valid point. So I thank you for your time. CHAIRMAN KAUFMAN: Thank you. MR. DEMARET: Good morning. Ken Demaret. I live across the bay, 192 Tahiti Circle, and I'm also building a home across the bay from these homes. And I just need to support what they're saying. 184 I know can get taken care of. The house next door, if they bring it up to code, everyone's going to be very happy. The house beyond that, the smaller white house, again, I know it's not your decision, but in our opinion it needs to be torn down. So I'm just trying to support everybody else in their opinions also. CHAIRMAN KAUFMAN: Thank you. Okay. John, should we go to Roger next? MR. JOHNSON: Yes, please. CHAIRMAN KAUFMAN: Okay, Roger. MR. COLEMAN: All right. 189 is -- a permit hasn't been pulled on that yet because we're trying to figure out exactly how to approach it. A lot of what they said is, like, whether they can do it for the 50 percent rule. It's really close. And then there's an engineer that's saying he can elevate it to where he gets it to 11 feet, and then the 50 percent rule doesn't apply. So that's all being weighed right now. We approached 184 first because it was the one least damaged and most repaired. And then 195 was in bad shape. After the demo, it was left open. Just went in there and closed it up, because there was someone living up there. So the plumbing downstairs May 25, 2023 Page 68 failing was a problem, like what they were talking about, and any electrical issue, because the box had burned when it flooded out, and it had to get replaced. We stopped, waiting, because the owner was out of the country. When he came back, it got red-tagged, and we applied for permits. We just need more time for the permits to clear and to do the due diligence on 189 to decide whether it is a teardown or if it can be repaired. These people that live here have lived in their houses for multiple years, been great tenants. They're service people around here that -- you know -- they're community people for a long time and he's -- the owner is trying to save the houses. Eventually, those houses will get torn down by somebody. Like you said, he's been offered a lot of money for it. He just doesn't need the money, so he's trying to keep people living there that are regular people. MR. WHITE: If you're going to testify, you have to be on the mic. MR. FUENTES: Roger, I guess I've got one question. Why didn't we pull a permit initially? What had occurred there? MR. COLEMAN: What happened was he signed up with a contractor, and he had signed the paperwork, but the houses are actually in a trust. So Jim, the owner, can't sign the paperwork. We have to go through a lawyer in Michigan. So while he was out of the country, coming back, and all that got juggled, that's -- it just came apart. And like I said, there was some -- the one that did get worked on, the 184, that's the guy that lives there. And, I mean, do you want to say that? Tell about the 18 inches? His relaying was that they didn't need a permit if the water went less than 18 inches. So he replaced the bottom drywall, and, I mean, that's all that was really done in there, painted and drywall. The May 25, 2023 Page 69 second house, 195, had substantial damages, and there's someone living upstairs. So the plumbing leaking, a lot of what they were talking about, yeah, it's -- the plumbing's leaking. There's issues that have to be resolved. We had our plumbers from a big job we were doing on Marco. We just said, hey, get this ready for a rough inspection. Get this electric for a rough inspection, because the lead was actually burnt out in the box. MR. FUENTES: So I guess -- I mean, a violation does exist, regardless. MR. COLEMAN: Yep, I know. MR. FUENTES: Flying rats or not, we need the permits. MR. COLEMAN: Yep. We're going -- we've applied for both of those. CHAIRMAN KAUFMAN: We have to -- we have to vote on whether a violation exists or not first. So anybody want to make a motion to that effect? MR. LETOURNEAU: I have one question for Mr. Johnson. At the time that Contractor Licensing went out there, were there any permits issued for any of these properties? MR. JOHNSON: No. MR. LETOURNEAU: Okay. That's it. All right. MS. CURLEY: I have a question also for the county. So if there were no permits -- THE COURT REPORTER: I can't hear you, Sue. MS. CURLEY: I’m sorry. If there were no permits issued -- can you hear me? If there were no permits issued then, was it your -- you and your company that were doing that work beforehand or -- MR. COLEMAN: No. We came in after the fact. There was a -- he had picked up a guy, and then that company kind of didn't May 25, 2023 Page 70 follow through. MS. CURLEY: Fair enough. MR. COLEMAN: And we're tracking -- whatever. CHAIRMAN KAUFMAN: That's okay. Could we get a motion whether a violation exists or not? MS. ELROD: I'll make a motion -- MR. RUBENSTEIN: I'll second. MS. ELROD: -- that a violation exists. CHAIRMAN KAUFMAN: Okay. And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (Simultaneous crosstalk.) MS. CURLEY: A violation exists on all of them? Are we voting -- MR. WHITE: I believe they should be voted on separately. CHAIRMAN KAUFMAN: Yes. The first one is for 189, the second one is going to be for 184, and the third one will be for 159. Okay. So a violation exists on 189; we voted on that. Does a violation exist on 184? MS. ELROD: I'll make a motion that a violation exists. MR. AYASUN: Second. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? May 25, 2023 Page 71 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Does a violation exist on 195? MS. ELROD: I'll make a motion a violation exists on 195. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. So those are -- those -- and, John, you probably have a -- I mean, it -- to me it's simple. There are no building permits, period. And all of the items that were brought up by the speakers that we had revolve around the building permits, whether the elevation is there, whether the building is unsafe and needs to be taken down, et cetera. All of the things that you brought up should be part of it, okay. Now, your suggestion for us, John. MR. JOHNSON: Recommendation. May 25, 2023 Page 72 CHAIRMAN KAUFMAN: Yes. MR. JOHNSON: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 -- CHAIRMAN KAUFMAN: Let me stop you. MR. JOHNSON: -- for each case. CHAIRMAN KAUFMAN: This is 189, 59.21 to be paid in 30 days, and... MR. JOHNSON: Incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted repairs within blank number of days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the 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 on this, the amount of fine and the amount of days given to come into compliance? MR. RUBENSTEIN: I'll take a run at this. MS. CURLEY: May I have a point of clarification before, sir? CHAIRMAN KAUFMAN: What? MS. CURLEY: So you speak about somebody named Jim, and he's the person that gave authority to talk. Is his last name Hill? MR. COLEMAN: No. May 25, 2023 Page 73 MS. CURLEY: So do we know who Cindy Hill is? And are we sure this Jim guy is even the owner, if they can't even approve permits? This is a little dodgy. MR. JOHNSON: No. We've had discussions in emails with Mr. Clay. He's taking responsibility for this. MS. CURLEY: Right, but they just said that Jim, the person that gave him the ability to speak here today, isn't the owner. So who's Judy [sic] Hill? MR. JOHNSON: Well, I believe Mr. Clay is a member of the trust, but, you know, there's multiple people in a trust. So you know how it is when you have many people to make a decision. It doesn't -- MS. CURLEY: I do. MR. JOHNSON: -- go smoothly. MS. CURLEY: And then my other question for clarification before -- on the photos, the one section of photos that showed the completely renovated kitchen, which unit was that? Was that 189? MR. JOHNSON: 184. MS. CURLEY: 184. MR. COLEMAN: 189, nothing's been done. There's no electric or plumbing done there. It was just demoed, because it was in a bad shape. CHAIRMAN KAUFMAN: Okay. Lee, you were about to tell us, 59.21 paid within 30 days? MR. RUBENSTEIN: Yeah. I just -- before I give you what I recommend, right now there's a stop work permit -- CHAIRMAN KAUFMAN: Correct. MR. RUBENSTEIN: -- on an unpermitted job? CHAIRMAN KAUFMAN: Right. MR. JOHNSON: Well, it's a stop work order -- MR. AYASUN: Order. May 25, 2023 Page 74 MR. JOHNSON: -- on an unpermitted job. So no work can be done. MR. RUBENSTEIN: And who generated that? MR. JOHNSON: Contractor Licensing. Collier County Contractor Licensing. MR. RUBENSTEIN: Based on complaints from the neighbors? MR. JOHNSON: Based on a finding from Mr. Fred Clum, the chief building inspector. He said they're -- a violation exists. Put a stop work order on it. MR. LETOURNEAU: But this was initiated by a complaint. MR. RUBENSTEIN: When was that done? MR. JOHNSON: The stop work order was placed on January 11th, 2023. MR. RUBENSTEIN: Okay. Is it still in place? MR. JOHNSON: Yes, sir. MR. RUBENSTEIN: Okay. And no work is being done? MR. COLEMAN: No, we stopped. MR. RUBENSTEIN: Okay. I'm going to say 90 days and 250 per day. That gives you -- you think you can get permits in 90 days? CHAIRMAN KAUFMAN: Well, it's not just getting a permit. It's getting a permit and CO. MR. RUBENSTEIN: And a -- well, no, not the CO. Then I'm going to revise that, then. I'm going to say 180 days and 250 -- CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: -- from start to finish. MR. COLEMAN: Is this on 189? MR. RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: The discussion is amongst the Board here. So I think your 90 days is generous, because it would have been a lot quicker if they had done it right the first time, whoever Ms. Cindy May 25, 2023 Page 75 and Jim Hill are. Had they not done -- MR. RUBENSTEIN: Yeah, but there's a lot of things under this umbrella. I mean, he could either -- owner could decide to demo this. MR. COLEMAN: Yep. MR. RUBENSTEIN: Continue on. MR. COLEMAN: Due diligence and the cost benefit. MR. RUBENSTEIN: Level it, rebuild. MR. COLEMAN: Who can do what to it. Someone said they can lift it up. MR. RUBENSTEIN: Yeah. So, I mean, it gives the owner and you six months to figure out where you're going with it. MR. COLEMAN: That's what he needs. That would be beautiful. MR. RUBENSTEIN: Yeah. So I'm going to stick with -- CHAIRMAN KAUFMAN: That's your motion? MR. RUBENSTEIN: Yes, sir. MR. FUENTES: So we have 90 days? MR. RUBENSTEIN: A hundred and eighty days -- excuse me. A hundred and eighty days and 250 per day. MS. CURLEY: Well, I would be for -- CHAIRMAN KAUFMAN: Whoa, whoa, whoa. MR. RUBENSTEIN: And the 59.25 or -- CHAIRMAN KAUFMAN: 59.29 paid within 30 days. MR. RUBENSTEIN: Will continue. CHAIRMAN KAUFMAN: Okay. So he can make a motion irrespective of what you think. And the vote on the motion, if it gets a second, and it either passes or it doesn't. MS. ELROD: I'll second the motion. CHAIRMAN KAUFMAN: We have a motion, and we have a second. Discussion on the motion? May 25, 2023 Page 76 MS. CURLEY: I think 180 is too long. I think they've already violated enough of the neighborhood. I think they have pending things that are -- stop work orders, leaving things not touched is terrible. And I think they should have 60 or 90 days, and if they don't get it, tough luck. The fines start accruing. And maybe they'll come to the meetings and maybe they'll be respectful of the neighborhood and maybe they'll do a better job. MR. FUENTES: I have to agree. MS. ELROD: Well, I have a -- there are so many issues right now with permits backed up. It's unrealistic to think they're going to move to the front of the line. MR. FUENTES: Yeah. But the issues we have in front of us are sitting right there in front, and they have complaints, and we have -- at the end of the day -- MR. RUBENSTEIN: Yeah, but the -- MR. FUENTES: -- permits should have been pulled. MR. RUBENSTEIN: -- 180 days gives them the full opportunity to get it done before the 180 days. It could be done in three months or two months if you're able to. MR. COLEMAN: Exactly. The math will be done before that, way before that. Whether or not we can get permits in place in time would be the concern. MR. RUBENSTEIN: I don't disagree with you. It's a generous time period, but I think -- let me finish -- but I think that this situation on the three properties is a little bit different on all. And I think to pick and choose the time period per property is going to get sticky; they're going to be back here in 60 days or 90 days on one property but not on the other. So I think the 180 gives them the opportunity to get as much done as they can. All right. MS. CURLEY: So -- that's great. But I can't remember in the last five years that we've had six people come and complain about an May 25, 2023 Page 77 owner of a single-family home, ever, okay? And I think you're rewarding somebody for bad behavior. And if he doesn't need the money, that's fine. Maybe our behavior of giving him 60, maybe 90 days, and a fine would prompt somebody to be a better neighbor. MR. FUENTES: My concern is -- MR. RUBENSTEIN: I mean, the violation exists. We acknowledged that. The work to be done is yet to be determined, correct? MS. CURLEY: So -- okay. MR. RUBENSTEIN: If we were dealing with a teardown or complete rebuild, we kind of know how long it's going to take to get those permits. But right now you've got a basketful of violations that -- (Simultaneous crosstalk.) MR. FUENTES: Lee, let me just say one thing. For me, personally, the way I see it is I have a man in front of me who's a professional at what he does. The rule of thumb is you must pull a permit no matter what you do if you know it needs a permit. We have skipped that process. I mean, it seems that there were issues that were there before this even began, and by granting somebody so many days that it falls within their profession, their expertise, has not only hindered the neighbors, but now we're going to allow almost -- I mean, half a year -- MS. CURLEY: Hurricane season. MR. FUENTES: -- another hurricane season for them to basically try to pull -- let them come back 30 days, 60 days. Let us see the permit. Let us -- then at that point give the continuation of whatever we need to do. CHAIRMAN KAUFMAN: Let me try my attempt at being King Solomon. May 25, 2023 Page 78 Do you think 120 days would be -- I don't mean to be negotiating here, but -- MR. FUENTES: I agree with 60 days. I think we need to get this moving. The owners need to be more responsive. We have a lot of chiefs and not enough Indians, and all the chiefs within this trust need to be under the same playing field. We need to move this along. They all need to agree. Like John, the investigator, said himself, there are a lot of people within this trust. Let us show them that we mean business and let them all understand that we need to get this moving. CHAIRMAN KAUFMAN: Okay. Lee. MR. RUBENSTEIN: In the spirit of moving forward, I'll rescind [sic] my motion to 100 days and 250 per day, and hopefully you guys will know where you're going. MS. CURLEY: Do you have a second on that one? MR. RUBENSTEIN: So these people don't have to -- MR. AYASUN: I second that. CHAIRMAN KAUFMAN: And we have a second. Okay. So the new motion on this property, 189, is 59.21 to be paid in 30 days, 100 days to come into compliance, or a fine of $250 per day; is that correct? MR. RUBENSTEIN: Yes, sir. MR. AYASUN: Correct. CHAIRMAN KAUFMAN: Okay. We have a second. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Okay. Any discussion on that motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. May 25, 2023 Page 79 CHAIRMAN KAUFMAN: Aye. MR. YORK: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. So we have one opposed? MR. FUENTES: No, no. I'm opposed; she's opposed. CHAIRMAN KAUFMAN: Sue's -- three opposed. Are you opposed, or are you -- MR. YORK: I'm for it. MR. FUENTES: You're for it. CHAIRMAN KAUFMAN: So that's one, two, three, four. MS. ELROD: 3-4 [sic]. MR. FUENTES: But I count, like, five. MR. RUBENSTEIN: Did you oppose? CHAIRMAN KAUFMAN: We're going to do this by weight. MR. WHITE: How about a show of hands? MS. CURLEY: What's the vote? CHAIRMAN KAUFMAN: 4-3 for. MR. FUENTES: We lost. MR. RUBENSTEIN: It failed. CHAIRMAN KAUFMAN: No, it passed 4-3. MR. RUBENSTEIN: I couldn't tell over there. That's for 189. CHAIRMAN KAUFMAN: That's for 189. Okay. Let's move to 184. Are you going to make the same motion? MR. WHITE: Case No. 14. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: I have a question -- CHAIRMAN KAUFMAN: Yes. May 25, 2023 Page 80 MR. RUBENSTEIN: -- before for the motion. Is the amount of repair on 184 comparable to 189? MR. COLEMAN: No. MS. CURLEY: So I've taken notes this whole time, and the one we just voted on is the one that's in the worst condition. So you're giving them 100 days to dillydally around and do nothing on a house probably has got to be -- MR. AYASUN: We don't need the commentary. We made a motion. We passed it. Thank you. MS. CURLEY: Well, but I didn't vote. So now he doesn't even know what he's making motions on. MR. AYASUN: Yes, he does. MS. CURLEY: 184's the one that's great. That's what my notes say. MR. AYASUN: Yes, he does. He's asking a question, and he has every right to do so. MR. RUBENSTEIN: Do you want to make the motion? MR. AYASUN: Go ahead. MR. RUBENSTEIN: All right. Excuse me. On 184, 59.21, 100 days, and 250 per day. CHAIRMAN KAUFMAN: Okay. That's the same as the first one. MR. RUBENSTEIN: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: It's been seconded. All those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. YORK: Aye. May 25, 2023 Page 81 CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes 4-3. And the last one is 195 Pago. MS. CURLEY: I'll fill in those blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Sixty days, $250 fine. This is the one that's okay, but this is the one that has sewer running down the side of the house. MR. FUENTES: Second. MS. CURLEY: Sewer. CHAIRMAN KAUFMAN: When you said this one is "okay," Roger shook his head "no," so I don't quite understand. MS. CURLEY: This is how you -- MR. COLEMAN: We secured the sewer -- (Simultaneous crosstalk.) MS. CURLEY: -- okay, demo, great. And this is the one that my notes say is okay. MR. COLEMAN: So 189 is the one that was terrible, 184 is the one that's okay, 195 is the one that had damage that had to get repaired. MS. CURLEY: Fire, sewer, raw sewage. MR. COLEMAN: Electric and the plumbing. CHAIRMAN KAUFMAN: Is that 59.21 paid within 30 days? MS. CURLEY: 59.21 paid within 30 days, 60 days, or a fine of 250. This is a health-safety issue. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: There's no one living in the house right now, so it's not a -- May 25, 2023 Page 82 MS. CURLEY: Sewer running down the street is an issue. It doesn't matter who's living there. CHAIRMAN KAUFMAN: Motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. YORK: Aye. MR. FUENTES: I'm not voting with you anymore. We keep losing. MS. CURLEY: Well, they're rewarding an owner for not -- CHAIRMAN KAUFMAN: Okay. Do we have another motion? MR. RUBENSTEIN: I'll make another motion. MS. CURLEY: It's so disrespectful to these neighbors that have come here. I can't tell you as -- CHAIRMAN KAUFMAN: Thank you for the commentary. MR. RUBENSTEIN: All right. I'd like to make a motion on 195. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: 59.21, 100 days, and 250 per day. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? May 25, 2023 Page 83 MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MS. CURLEY: I oppose. CHAIRMAN KAUFMAN: Okay. That passes 5-2. MR. FUENTES: I got a win. I got to win something. CHAIRMAN KAUFMAN: You have the motions. The only thing -- I would recommend heartily, that the owner of the property, I guess, Mr. Clay -- MR. COLEMAN: Mr. Clay, yeah. CHAIRMAN KAUFMAN: -- needs to do something and show some good faith to the neighbors, or it's going to be a big problem for him. MR. COLEMAN: Yes. MS. CURLEY: Times three. MR. COLEMAN: Thank you. MR. FUENTES: Just gave him another 100 days. CHAIRMAN KAUFMAN: Okay. We are going to take a 15-minute break for the court reporter. (A brief recess was had from 10:59 a.m. to 11:15 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Okay. Helen, who's up? MS. BUCHILLON: Actually, we've an amendment. We have to amend the agenda. We have a stipulation -- CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: For No. 3, CEVR20220000759, C&J May 25, 2023 Page 84 Wrestling Hauling Corp. Respondents were here, but they had to leave because he had a doctor's appointment. Do you want to hear the case now? CHAIRMAN KAUFMAN: Yeah. It shouldn't be -- MR. WHITE: Are you going to entertain the motion, Mr. Chairman? CHAIRMAN KAUFMAN: Yeah. We need a -- MS. ELROD: Make a motion to accept the change. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. 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. D'ELIA: I do. CHAIRMAN KAUFMAN: Okay. John, do you want to read it into the record for us? MR. D'ELIA: Very good. Code Enforcement Investigator John D'Elia. Therefore, it is agreed between the parties that the respondent shall: May 25, 2023 Page 85 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, vegetation removal permits, inspections, and certifications of completion of occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to its original permitted condition within 180 days of this hearing, or a fine of $250 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; Number 4, that if the respondent fails to abate this -- the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce this -- the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. We have a stipulation. Does anybody -- let the record show the respondent's not present. MS. ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. May 25, 2023 Page 86 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. D'ELIA: Great. Thank you very much. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case, we're going to be going to old business, B, motion for imposition of fines and liens, Number 2, CESD20210000673, Rodolfo Trevino, Jr. MR. TREVINO: How you doing today? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. TREVINO: Yes, I do. MR. MUCHA: I do. MR. TREVINO: May I speak for the record? I'm Albert Trevino. I'm his brother. I have a paper saying that I could speak on his behalf. CHAIRMAN KAUFMAN: Okay. Very good. Thank you. MR. TREVINO: Thank you. CHAIRMAN KAUFMAN: Joe, you want to fill us in? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On July 28th 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, OR6165, Page 3465, for more information. Violation has not been abated as of May 25th 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 26th of 2022 to May 25, 2023 Page 87 May 25th of 2023, for 181 days, for a total fine amount of $18,100. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid; operational costs for today's hearing is $59.35; for a total fine amount of $18,159.35. CHAIRMAN KAUFMAN: Okay. Sir, your brother couldn't make it, but you're speaking in his behalf? MR. TREVINO: Yes, sir. I'm the guy that's doing the planting and all of this and all to get it back, restored to where it should be. I've asked for more time previous, and the plants keep dying. I've already planted two sets of plants at, like, $5,500 per set. I've spoken to my -- or to the environmental consultant. Their request is to just keep waiting till rainy season because they're not allowing me to irrigate, step on the property, or to put any type of irrigation at all. So I don't have any way of getting water to it. I'm not allowed to drive on the property. And I've already planted about $35,000 worth of trees. The storm killed maybe 25 percent of them, and they're still dying as of right now. I'm just waiting for rainy season to come in. And, you know, I've spoken -- I've spoken -- you know, I've called several times and told him, you know, what my concerns are and the issues that I was having to plant. I have pictures of what I've planted, how they're dying. And, like I said, I'm just to follow what the environmentalists are saying, which, as of right now, is to wait till, you know, June or July to begin planting. CHAIRMAN KAUFMAN: Rainy season starts on May 15th. Unfortunately, God didn't see the calendar until this week, I guess. It has been dry. Joe, do you have any comments on this? MR. MUCHA: I agree with everything he was saying. I mean, he did do a lot of plantings, and a lot of them just didn't May 25, 2023 Page 88 survive. And I think the hurricane, like you said, didn't help. I would think he would probably need about six months to get this thing going. MR. FUENTES: Cool. There we go. CHAIRMAN KAUFMAN: Okay. So somebody want to make a motion on this? MS. CURLEY: So we're going to continue it? CHAIRMAN KAUFMAN: Well, if that's what the motion is. MR. FUENTES: I'll make a motion for a continuance for a total of six months. MS. CURLEY: I second that. MR. WHITE: A motion to extend the time to -- CHAIRMAN KAUFMAN: A continuance where the fines continue to accrue. MR. WHITE: Mr. Chairman, it would be -- CHAIRMAN KAUFMAN: Irrespective of -- MR. WHITE: Understood, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. Good. MR. WHITE: It would be a motion to extend the time before you would impose fines. CHAIRMAN KAUFMAN: Right. MR. FUENTES: I make a motion to do that. MR. WHITE: And the fines will continue -- CHAIRMAN KAUFMAN: You'll write it that way. MR. WHITE: -- during that period of time. MR. RUBENSTEIN: Six months? MR. FUENTES: Six months. CHAIRMAN KAUFMAN: Yes. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. May 25, 2023 Page 89 MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Go out there with your watering can. You've got six months to make them grow. MR. TREVINO: All right, thanks. Have a good one. CHAIRMAN KAUFMAN: Jack has a bean stock that you might want to -- but that's another story. Okay. MS. BUCHILLON: Next case, No. 3 CESD20210001565, Maria Velazquez. 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. MS. VELAZQUEZ: I do. CHAIRMAN KAUFMAN: Okay. Rick, do you want to read this for the record? MR. MIGAL: Okay. For the record, Rick Migal, Collier County Code Enforcement. Past orders: On October 29th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6045, Page 1340, for more information. On May 26th, 2022, the Code Enforcement Board granted a May 25, 2023 Page 90 continuance. See the attached order of the Board in documents and images for more information. The violation has been abated as of March 21st, 2023. Fines have accrued at a rate of $150 per day for the period of April -- from April 28th, 2022, to March 21, 2023, for a total of 328 days, for a total fine amount of $49,200. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing, $59.63. The total amount is $49,259.63. The gravity of the violation is not health or safety. Any actions taken by violator to correct: The Permit 2006060516 for the lanai, the Florida room, the guestroom, and the new entry were finaled on March 1st, 2023; permit 2002031888 for the pool, spa, and the electric was finaled on 11/4/2021; and Permit PRBD20210418294 to demo the lanai, gazebo, shed, and two metal overhangs was finaled is February 15th, 2022. There were no previous violations and no other relevant factors. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Okay. You may want to move the microphone down. There you go. And your name, on the microphone for us please. MS. VELAZQUEZ: My name is Maria Velazquez. MR. LETOURNEAU: Mr. Chairman, Ms. Velazquez brought a letter in today, this morning, and we put it in the "I" drive right here if you want to take a look at it, because I believe that she has a little language barrier here. CHAIRMAN KAUFMAN: Okay. May 25, 2023 Page 91 MR. LETOURNEAU: Do you want me to read it, or you guys want to read it? CHAIRMAN KAUFMAN: Why don't you read it. MR. LETOURNEAU: It's pretty lengthy, though, so... CHAIRMAN KAUFMAN: Well, you can read fast. MR. LETOURNEAU: Okay. I don't want to -- all right. Good morning. My name is Maria Velazquez. I stand before you today in response to a notice of hearing that I received on 5/12/23. I do not speak English proficiently enough to be able to fully explain the situation, which is why I'm presenting this letter to you today. I hope to offer you a thorough review of all the events that have transpired within the last two years. In May of 2021, I received a visit from a code enforcement officer where I was notified of all the infractions and open permits on my property, dating back as far as 2006. During that time, I was married to my ex-husband, and he was the one who took care of all the paperwork and, to my knowledge, he had obtained all the required permits and legal requirements for my property. We made some additions to the property, which included a pool, a driveway, and an additional wing to the house. Once I learned of this, I was determined to make it right and get the issues fixed. The last thing I wanted was to lose the house that I have worked so hard for. However, my greatest obstacle and setback has been my financial situation. I am a single woman and have a single income. As you are aware, inflation has been on the rise in the last few years due to COVID and other natural disasters. Manual labor and supplies are astronomically expensive and, at times, extremely hard to obtain, not to mention that finding affordable and dependable help has been a mission of its own. Due to these reasons, I asked my brother, who is a licensed handyman, to help me in any way possible. He has continuously May 25, 2023 Page 92 done work on my house, charged me only for the supplies and materials needed, but his time is limited, and he has to also work for himself and his family. Therefore, everything he has done has been on a very limited schedule, such as afternoons and weekends. Below you will find the serious of events that represent my efforts to rectify the situation. Since it has been a long and exhausting road, I wanted to explain everything in order to paint a detailed picture. The first step that I took when I found out about the open permits was to contact a company in Miami to help me sort everything out, as I did not have the first clue of where to even begin with all this. The company I contacted was PM2 Planning Corp. They claimed to be a project consulting company and assured me that the $8,750 -- for $8,750 they could help me with the legalization process of my property. This would include a full current survey and blueprint of my property. However, once I submitted their work to the county, it was all rejected, and I was told what they had done was not correct. At this point I had given them all my savings, which meant I did not have money for a lawyer, and then I ended up losing the full amount of the 8,750, which put me back to square one. After this disappointing event, I asked for a loan through my 401(k) for the amount of $7,000. With this money, I was able to get things going with the help of my brother. I managed to close all the pending permits that remained open from 2006. I had to pay for this process all over again since my ex-husband paid for them but failed to finalize the process within the allowed six months. I also gutted the inside and outside of the house and removed everything to match the blueprints the county had on file from 2006. I also attempted to refinance the house in order to obtain more money for the necessary projects, but the bank declined my request due to May 25, 2023 Page 93 insufficient income. In September of '21, my brother had an accident where he fractured his leg and required surgical intervention. He was incapacitated and unable to work for six months and, therefore, unable to help me with my house. I also had health issues of my own. In March of '22, I required surgery to remove a malignant spot from my face, which was an unexpected expense for me. In May of '22, I asked the Court for an extension to allow more time to finish everything that was pending at this point. I presented to the hearing without a translator, and I was told by a staff member that the extension was approved, and I was given an additional six months, which meant I had until November of '22 to finish; however, as I explained above, I have been working with a very limited help and income. These projects require both time and money. In October of '22, I sent another email where I explained all of the progress I had made and asked for another extension. This email was sent to Jordan Marinos. That's Chuck Marinos now. Unfortunately, Mr. Marinos informed me that the decision was not up to him, but they had to forward the requested to higher authorities. After this, I did not hear back from anyone. I asked my daughter to call Rick Migal, who was appointed the investigator for my case. She left him multiple messages, all of which were unanswered. I think Rick might want to counter that after I got done with this letter. On 3/21/22 I received a written notice on my door from Rick Migal asking me to please call him. I asked my daughter to call him since I have a language barrier. During this conversation, he informed me of the hearing request that we are present for today. He explained that I was being charged a series of fines for failing to complete the necessary projects in the time allowed. He informed May 25, 2023 Page 94 me that these fines can range anywhere between 10,000 and $20,000. I believe there might have been a language barrier on that one. In conclusion, I want to start off by saying that I fully understand the reasons why I stand before you today. I want to thank you for your time and ask you to please review everything I've presented to you. You will not see a lack of effort, dedication, or perseverance from my end. I have made the mistake of trusting somebody I thought would do things lawfully and honestly and, unfortunately, I have been paying the price of my misjudgment of character the entire time. I assure you that I have been doing everything possible within my means to resolve this issue and get my property legalized and up to code. It has not been easy for me to say in the least. I ask you, please remove these fines, that I will not be able to pay them with my current income and financial situation. I am also very close to finishing everything that has been asked of me. And I will be completely honest with you and just say that if I had 10,000 to $20,000 to pay these fines, I would not be in the unfortunate mess to begin with. Once again, thank you so much for your time and consideration, and I hope everyone has a great day. If you have any questions or concerns I may not be able to answer, please feel free to call my daughter, blah, blah, blah. Sincerely, Ms. Velazquez. CHAIRMAN KAUFMAN: Very good, Jeff. MR. WHITE: All of that said, Mr. Chairman, I believe what the respondent has submitted would be construed as a motion to reduce or abate or mitigate the fines. CHAIRMAN KAUFMAN: Okay. Anybody from the Board want to address this? MS. CURLEY: I will. May 25, 2023 Page 95 CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: I'll make a motion to deny the county's imposition of fines with the exception of today's hearing costs of 59.63. CHAIRMAN KAUFMAN: I second that. Any other discussion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. WHITE: And the condition would be that it would be paid within 30 days. CHAIRMAN KAUFMAN: Right. MS. CURLEY: Yes. MS. VELAZQUEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Good luck. MS. VELAZQUEZ: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, No. 4, CESD20210010036, Tylinski Properties, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? May 25, 2023 Page 96 MR. TYLINSKI: I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Joe, you want to read this in the record for us? Sir, can you state your name on the microphone for us, please. MR. TYLINSKI: Kristoff (phonetic) Tylinski. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On September 22nd 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, OR6181, Page 456, for more information. The violation has not been abated as of May 25th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from March 22nd of 2023 to May 25th, 2023, 65 days, for a total fine amount of $13,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid; operational costs for today's hearing is $59.35; for a total fine amount of $13,059.35. CHAIRMAN KAUFMAN: Okay. Sir? MR. TYLINSKI: Yes. Basically, what's happening is that I was hoping that today this case could be resolved, but there were some factors that I couldn't overcome. First of all, my engineer who's working on the progress of the project had COVID and could not finish the required things. Besides that, the whole construction is finished, and the contractor who was working on the project, I can't find him. But since everything is finished, it's hard for me to find May 25, 2023 Page 97 somebody who's going to come there and apply for a new permit, for renewal of a permit. So that's where I am. I kind of got -- you know, I'm trying to finish this application of the site development process, but it seems like something always falls in front of me. CHAIRMAN KAUFMAN: It said there was a building on the property without a permit? MR. TYLINSKI: Yes, yeah. CHAIRMAN KAUFMAN: What kind of building? MR. TYLINSKI: Well, it's a commercial building. It's East Tamiami Trail, which me and my wife, we've been building for the last five, six years, I would say. The permit on -- the building permit has expired, and I couldn't find the contractor who did -- who did this whole project. When the COVID hit, the state -- part of process was to connect us to 41, and FDOT, it took them, like, three years to issue a permit because they were backed up. After they issued the permit, we finished FDOT, which was the main part to get application finished and the whole process of site development be finished with the county. That just happened this January. And after obtaining all the paperwork, including surveys and everything, unfortunately, my engineer got sick, and he's backed up, like, 90 days. If it comes to the contractor, you know, I'm looking for somebody, but it's not easy to find somebody who will come and sign off on a project which is pretty much finished, and I can't find the contractor who started the work. That being said, he's been paid everything. That's maybe the problem I have of finding him. So, basically, all I need is 90 days -- CHAIRMAN KAUFMAN: So when you started this project, you didn't get a building permit? MR. TYLINSKI: Yes, I did, yeah, but the permit expired. And then to renew the permit, I had to -- I'm looking for a new May 25, 2023 Page 98 contractor. CHAIRMAN KAUFMAN: When did you pull the permit on this building? MR. TYLINSKI: I believe it was two thousand -- MR. MUCHA: 2017. CHAIRMAN KAUFMAN: '17? MR. MUCHA: Yes, sir. MS. CURLEY: It's the whole building permit to build a structure? MR. MUCHA: Yes. MR. TYLINSKI: Yes. MR. MUCHA: The building itself is done. Everything with the building itself has been inspected. It's passed. It's just there's four inspections that remain. And this is all dealing with outside stuff, the drainage, the parking, there's an erosion inspection, and then he also has some conditions that he has to meet as well. But the building itself is done. It's been inspected. It's good. It's just he's got to tie up some loose ends. CHAIRMAN KAUFMAN: Well, how long does it take -- you're asking for -- MR. TYLINSKI: I would say no more than 90. CHAIRMAN KAUFMAN: -- a continuance. MR. TYLINSKI: Yeah, no more than 90 days I should be finished. This process is not only since 2017. It's a really -- a really big process for, you know -- MS. CURLEY: This is just site development -- site surroundings, exterior? MR. MUCHA: To close out this permit, correct? MS. CURLEY: Is the building unoccupied? MR. MUCHA: No, he's open. He's occupying it. MR. TYLINSKI: Well, the FDOT just issued the -- they're May 25, 2023 Page 99 going to issue the permit. They're just waiting for an engineer to sign off on it. But, unfortunately -- I have an email, which you can see it if you want, that the guy was sick and he couldn't do this, finish the process. MS. CURLEY: When was he sick? I mean, I was sick three weeks ago. MR. TYLINSKI: He was sick March -- March this year. Well -- MR. WHITE: Who's your engineer, sir? MR. TYLINSKI: Foley. MR. WHITE: Brian Foley? MR. TYLINSKI: Yeah. MR. MUCHA: Blair Foley. MR. TYLINSKI: Blair. MR. WHITE: I'm sorry; correct. MR. TYLINSKI: Yeah. I have his email if you want to see it. MR. WHITE: No, I'm familiar with him. He's a good engineer. MR. TYLINSKI: He's a very good engineer. He's just -- I have it here. CHAIRMAN KAUFMAN: What kind of business building -- MR. TYLINSKI: It's a ceramic -- ceramic and a flower shop. MS. CURLEY: Are these your businesses or are they rented? MR. TYLINSKI: Yes, those are mine. MR. WHITE: Actually, sir, I've checked with the State of Florida Division of Corporations, and your LLC has been administratively dissolved because you haven't filed your annual reports, number one. Number two, you're not listed as a manager of the LLC. I'm assuming, is Alba your wife? MR. TYLINSKI: Yes, sir. MR. WHITE: Do you have permission today to be here to May 25, 2023 Page 100 represent -- MR. TYLINSKI: Yes, I have -- MR. WHITE: -- the LLC? MR. TYLINSKI: Yes. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: In previous years, was he the president? Because he signed the stipulation in September as the president. MR. TYLINSKI: Well, when we start this process, I -- that was a couple years ago -- I was approved as spokesman for -- MS. CURLEY: September 22 of 2022 you signed this stipulation as the president. MR. TYLINSKI: Yes. MR. MUCHA: I've been working with him for probably six years now, and he's always been the one that I've dealt with, yeah. MS. ELROD: I make a motion we give him the 90 days. CHAIRMAN KAUFMAN: You can make it anything you want. MS. CURLEY: I was going to make a motion to impose the fines. MS. ELROD: I'd like to give him the 90 days to get it buttoned up. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And pay the operational costs? MS. ELROD: Yes, and pay the operational costs within 30 days. CHAIRMAN KAUFMAN: Okay. Do we have a second? (No response.) CHAIRMAN KAUFMAN: No second. MS. CURLEY: I'll make a motion to impose the county's fines, including today's operational costs. May 25, 2023 Page 101 MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. Any discussion? MR. RUBENSTEIN: Yeah. Do we have current pictures, Joe, of what it looks like today? MR. MUCHA: I don't have it today, no, sir. MR. RUBENSTEIN: Do we have any old pictures? MR. MUCHA: We could dig them up. I mean, it -- part of the issue -- and this goes with another code case. A long-standing code case we have is the pottery that's being stored outside, and I think that's kind of what's hindering getting this thing closed out, because they won't accept it with all that pottery being stored outside. MR. FUENTES: This case is so old it was from when I was still there. MR. MUCHA: You remember. You remember. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. MR. TYLINSKI: Okay. Thank you. CHAIRMAN KAUFMAN: We're done. Next case, Helen. MS. BUCHILLON: Next case, No. 5, CENA20220004559, United Props, LLC. May 25, 2023 Page 102 MR. AYASUN: I remember this guy. 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. BLANCO: Yes. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. BLANCO: Manny Blanco. CHAIRMAN KAUFMAN: Okay. You want to read this case into the -- MR. MARINOS: Absolutely, sir. Past orders: On February 23rd, 2023, 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 attached order of the Board, OR6233, Page 471, for more information. The violation has not been abated as of May 25th, 2023. Fines have accrued at the rate of $250 per day for the period of March 26th, 2023, to May 25th, 2023, 61 days, for a total fine amount of $15,250. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is $59.28. Total amount to date, $15,368.56. CHAIRMAN KAUFMAN: Have you been out there recently? MR. MARINOS: Yes, sir. I have -- I was out there yesterday. CHAIRMAN KAUFMAN: Okay. And the property's still in the same position? MR. MARINOS: If anything's changed, it's not visible to me. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: A permit was pulled for the property for full May 25, 2023 Page 103 demolition, and it needs a couple months to pick up all the garbage. The house was knocked down completely. CHAIRMAN KAUFMAN: You couldn't pick up the garbage from February to now? MR. BLANCO: Nope. CHAIRMAN KAUFMAN: Okay. Well, I'd like to make a motion that we impose the fine. MS. CURLEY: Second, including today's costs. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Payable in 30 days. CHAIRMAN KAUFMAN: Also, the operational costs haven't been paid, so we won't even listen to any argument from the respondent. So we have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: One opposed. Okay. MR. WHITE: Just one point of order, if I may, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MR. WHITE: Sir, your first name is? MR. BLANCO: Manny. MR. WHITE: Manny. And -- MR. BLANCO: Yes. MR. WHITE: The LLC, United Props, LLC, the manager is David Efrat. May 25, 2023 Page 104 MR. BLANCO: Yeah. He's in Israel. I just came in behalf of him. MR. WHITE: So you have his permission to appear and represent today? MR. BLANCO: Yes. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. This case is done. MR. MARINOS: Thank you. MS. BUCHILLON: Next case, No. 6, CEAU20220005873, Manuel R. Rodriguez Torres and Katisleivy Calderin Hermida. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MS. CALDERIN: We do. MR. RODRIGUEZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. RODRIGUEZ: Manuel Rodriguez. MS. CALDERIN: Katisleivy Calderin. CHAIRMAN KAUFMAN: Okay. You're both going to testify? MS. CALDERIN: We are the owner. CHAIRMAN KAUFMAN: Okay. Good. Would you like to read this into the record for us? MR. OWEN: I will. For the record, Brian Owen, investigator, Collier County Code Enforcement. Past orders: On October 27th, 2022, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and May 25, 2023 Page 105 ordered to correct the violation. See the attached order of the Board, OR6206, Page 1601, for more information. The violation has been abated as of April 6th, 2023. Fines have accrued at a rate of $100 per day from a period of December 27th, 2022, to April 6th, 2023, 101 days, for a total fine amount of $1,100. Previous associated operational costs of $59.28 have been paid; operational costs for today's hearing is $59.49; for a total of $10,159.49. The gravity of the violation, non-safety, health, and welfare. Any actions taken by the violator to correct: Permit obtained on 12/29 through the final occupancy certification. Any previous violations or relative factors are none. CHAIRMAN KAUFMAN: Okay. So the original case was started in October. They got the permit in December? MR. OWEN: Correct. CHAIRMAN KAUFMAN: Okay. Comments from the Board? MS. CURLEY: No. It's pretty good. They got the permit in less than 60 days, and then -- CHAIRMAN KAUFMAN: You want to make a motion? MS. CURLEY: Yeah. I'll deny the county's imposition of fines with the exception of the 59.49 for today's costs to be payable within 30 days. But, otherwise, good to go. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. You don't need to testify. You're doing well. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) May 25, 2023 Page 106 MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. CALDERIN: Thank you. MR. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: It was worth the wait. Next. MS. BUCHILLON: Number 7, CESD20210011366, Timothy Dezego and Robyn Dezego. 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. DEZEGO: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. DEZEGO: Tim Dezego. CHAIRMAN KAUFMAN: Okay. John, you want to read this into the record for us? MR. JOHNSON: Yes, sir. For the record, John Johnson, Collier County Code Enforcement. Past orders of the Board: On June 23rd, 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, OR6155, PG 1570, for more information. The violation has not been abated as of May 25th, 2023. May 25, 2023 Page 107 Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from December 24th, 2022, to May 25th, 2023, 153 days, for a total fine amount of $38,250. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing, $59.28. Total amount, $38,368.49. CHAIRMAN KAUFMAN: Okay. Sir. MR. DEZEGO: Yes. First, I'd like to thank the Court for my original continuance. With that time, I was able to get everything done that needed to be done to clear this case. The only thing that I have left to do -- and all that stuff was done probably sometime around the first of the year. The last thing that I have left to do is get a spot survey done to prove that it meets all the requirements that's done. All the inspections have been done. Everything's been passed. The original survey company, Geometric Surviving out of Fort Myers somewhere, I just cannot get them to come back and do the spot survey. I've tried and I've tried and I've tried. And recently I've been in constant communication with John Johnson about this issue. I contacted Dennis Portella, who's a local surveyor in town. This was about three weeks ago. He had promised me that he would try to work me in. I mentioned to him that I had this case coming up and I really wanted to get it done before the case. He said he would do everything he could. But I tried to call him again this morning. I've called him several times since then. And he kept saying, I'm really busy. I'm going to try to get out there. I'm going to try to get out there. I tried again this morning just to see if I could get a letter or something from him to, you know, kind of let you know that that's the process, but he didn't answer this morning. May 25, 2023 Page 108 So I'm here just to simply ask for -- I would like to get 60 days, just because I've been doing this whole process, but possibly 30 days' continuance so that I could just get this final spot survey and be done. CHAIRMAN KAUFMAN: Okay. Is this construction near the property boundaries, setbacks, or is this just an ordinary -- MR. JOHNSON: It's -- it's -- I mean, it's -- it's not right next to the road. There's a little overhang he did over the front door and a carport, which is back off the road. But I don't really know where the setback is on this. So, you know, the county can't sign off on it till they have that spot survey. Everything else -- as he said, as he stated, everything else, all the conditions of the permit have been met. Inspections, structural, everything have been met, but this is the last condition. He's got to get it done. MS. CURLEY: Now, wouldn't the survey that he has -- wouldn't that just -- MR. JOHNSON: No. You have to have a spot survey after it's built so they know where it is. I mean -- MS. CURLEY: It's unbuilt. But he unbuilt it. Didn't you demo it? MR. DEZEGO: No. MR. JOHNSON: No, no, no. I'm sorry. I'm sorry. It's still there. I'm sorry. MS. CURLEY: Okay. MR. DEZEGO: The issue -- I'll just explain a little bit further. The issue originally was that the front of the carport they are saying was a few feet over the setback condition. So what we did was we moved the posts back beyond that, and the overhang, which I'm allowed to have, extends. So when the survey company did the original survey, it was by the roof line. So that original survey still shows the roofline over the setback, but that's -- that's okay. That's May 25, 2023 Page 109 been approved and okay. But the problem is the county wants an actual survey -- spot survey denoting that. MR. WHITE: He needs an as-built showing the posts so that the overhang's considered legitimate as an allowable encroachment. MS. CURLEY: I thought he had demoed it. MR. JOHNSON: Correct. MS. CURLEY: I thought he had demoed it. CHAIRMAN KAUFMAN: So we're in the position now, since it has not been abated or surveyed, to either grant a continuance or impose the fine. MS. CURLEY: I mean, it's a lot of money to not give him a continuance for. It seems like everything's been going, and you just got a little bit of a snag at the very end. MR. DEZEGO: Yes, ma'am. Yes, ma'am. CHAIRMAN KAUFMAN: Do you want to make a motion? MS. CURLEY: I don't know what time -- what time frame to -- CHAIRMAN KAUFMAN: Well, he said 30 or 60 days. MR. DEZEGO: It's just a spot survey, so legitimately 30 days will be fine, but in Naples -- this is the problem I'm having, is just to get somebody to come do that. All these surveyors are so busy. MS. CURLEY: Well, 30 is 21. MR. DEZEGO: Yeah. So, I mean, my preference would be 60 just to be sure, but I'll take whatever you guys are willing to give me. MS. CURLEY: I make a motion for 60 days, but you better come back. That number's going to get higher. MR. DEZEGO: Yes, ma'am. MS. CURLEY: You still need to pay today's costs of 59.28 within 30 days. CHAIRMAN KAUFMAN: Yes, ma'am. We have a motion. MR. AYASUN: Second. May 25, 2023 Page 110 CHAIRMAN KAUFMAN: And we have second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have 60 days. MR. DEZEGO: Thank you. CHAIRMAN KAUFMAN: Make them an offer they can't refuse. MR. DEZEGO: Apparently I have to. Thank you. CHAIRMAN KAUFMAN: Okay. Okay, Helen? MS. BUCHILLON: Next case, No. 8, CENA20220005667, Suso 4 Mission Hills LP, care of Slate Asset Management LP. 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. MS. THEODORE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. THEODORE: Sue Theodore. CHAIRMAN KAUFMAN: Okay. Good morning. MR. CATHEY: Good morning. CHAIRMAN KAUFMAN: You've been quiet in the back there May 25, 2023 Page 111 all morning. MR. CASTILLO: Hiding. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. On August 25th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6175, Page 2663, for more information. The violation has been abated as of April 19th, 2023. Fines have accrued at a rate of $200 per day for the period February 22nd, 2023, to April 19, 2023, 57 days, for a total fine of 11,400. Previous assessed operational costs, $59.21, have been paid. Operational costs for today's hearing, $59.49. Total fine amount is $11,459.49. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Ryan, can you read in the -- MR. CATHEY: Yeah. This was not a health-and-safety issue. They removed all the prohibited exotic vegetation from the preserve area. There's three cases listed below that have all been before you. That's it. CHAIRMAN KAUFMAN: Okay. This is the Brazilian pepper, et cetera, et cetera? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board? MS. ELROD: I'll make a motion to deny the county the 11,400, and pay operational costs of 59.49 within 30 days. May 25, 2023 Page 112 CHAIRMAN KAUFMAN: Okay. We get a second? (No response.) MS. CURLEY: I'll make a motion to impose $5,000 of the original amount, including today's operational costs. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. THEODORE: Can I -- do I get to speak before that? CHAIRMAN KAUFMAN: You can -- go ahead. I didn't give you the opportunity before. Go ahead. MS. THEODORE: I would like to ask that the fines be waived simply because we were on track to have this taken care of. The hurricane hit. The company that was doing the cleanup, that became the major focus and -- for, like, you know, two-and-a-half, almost three months. Then when we went back out, there was an additional request, an additional area, which they did clean up and then called -- Code Enforcement Board came back out and approved. So I think if we had not had that time frame, we would have made it, if that makes sense. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Hurricane delay. MS. THEODORE: Right. CHAIRMAN KAUFMAN: So -- MR. AYASUN: You'll have to do the thing again because we didn't hear from her. CHAIRMAN KAUFMAN: We never received a second on Ms. Curley's motion. Anybody else want to make a motion? Lee? MR. RUBENSTEIN: I have a question for the lady. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: You were recently -- you're the property manager, correct? MS. THEODORE: I am now, yes. May 25, 2023 Page 113 MR. RUBENSTEIN: Yeah. And when did you get involved with this problem? MS. THEODORE: I came in the end of February. So I was in when the second request came through, but I've gone through all of this with Aquagenics. MR. RUBENSTEIN: So you walked into this in February from last August? MS. THEODORE: I did. But they were given an extension, and I think we would have made it, according to Aquagenics, if the hurricane stuff hadn't happened and then we hadn't had the additional request. What I want you guys to know is we do have in place now also this company that comes in bimonthly to make sure this doesn't go back to the way it was before. So they did comply, and we're making steps to make sure we don't go backwards. MS. CURLEY: Well, that makes me feel better. I was going to ask what the go-forward is on something like that, because the vegetation grows. MS. THEODORE: Yes, bimonthly service, so they -- they can't -- you know -- CHAIRMAN KAUFMAN: And you are in compliance right now? MS. THEODORE: Yes. MS. CURLEY: I'll modify my motion -- since we didn't get a second, I'll modify it to 2,000, including today's operational costs. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) May 25, 2023 Page 114 MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. So the fine is 2,000, not 11,000. MR. RUBENSTEIN: Two thousand plus the 59, right? CHAIRMAN KAUFMAN: Plus the 59, yes. MS. CURLEY: Payable in 30 days. CHAIRMAN KAUFMAN: Okay. MS. THEODORE: Thank you. CHAIRMAN KAUFMAN: Thank you. Okay, Helen. MS. BUCHILLON: Next case, No. 9, CELU20220007487, Shannon Wilkinson and Kathalina Wilkinson. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MR. WILKINSON: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. WILKINSON: Shannon K. Wilkinson. CHAIRMAN KAUFMAN: Okay. Rick, do you want to read this into the record for us? MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. Past orders: On January 26th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances to May 25, 2023 Page 115 correct the violation. See the attached order of the Board in documents and images for more information. The violation has been abated as of March 31st, 2023. Fines have accrued at a rate of $200 per day for the period from March 28th, 2023, to March 31st, 2023, or four days, for a total fine amount of $800. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing, $59.49. The total amount, $859.49. The gravity of the violation was health and safety. Any -- the action was that the litter and prohibited outdoor storage has been removed and stored way, and there were no previous violations or relevant factors. CHAIRMAN KAUFMAN: Okay. Sir? MR. WILKINSON: Yes. So those four days, I guess, are what are in question here. So we had quite -- I don't know if there's photos that have ever been shared or not, but Rick had plenty of them. We had quite an extensive cleanup. It was actually a two-part. There were automobiles involved that got closed out first with tags and so forth, and then secondly was the debris and just outside storage, I guess, is the way you call it that kind of went in phases. So Rick and I initially walked the property, and he pointed out things that were specifically on the violation, and those issues got taken care of. And then kind of like once you cleared a layer, then there was a new layer, so to speak. So I had Rick out three times, four -- maybe he remembers better -- a couple of his coworkers, a gentleman in the back once, the gentleman here once, and just kind of pointed things that had to be cleaned up until we got it right. It came down to one container that I'd had there. It's basically a truck bed that was used illegally -- now finding out illegally for May 25, 2023 Page 116 storage, and that was probably the larger item that it came down to that we had to get removed. So that being said, he was out pretty much for three days in a row for those final four days until we got it cleaned up to what was expected. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I think you did a good job. We've never had anybody get fined just for four days. So congratulations. MR. WILKINSON: Thank you. MR. AYASUN: And also, if I may thank the respondent for taking his cap off when facing the Board. That's very responsible. Thank you. MR. WILKINSON: Thank you. MS. CURLEY: I would make a motion to deny the $800 of the fining just simply -- it's four days -- and just ask if you please pay the 59.49 operational costs for today within 30 days. MR. FUENTES: Second. MR. WILKINSON: Yes. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. May 25, 2023 Page 117 MR. WILKINSON: Thank you, folks, for your work. MR. AYASUN: That was very good. MS. BUCHILLON: Next case, No. 10, CESD20210003238, Mariela Emblidge Living Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. EMBLIDGE: I do. CHAIRMAN KAUFMAN: Okay. Chuck -- first, can you give us your name on the microphone, again. MS. EMBLIDGE: Mariela Emblidge. CHAIRMAN KAUFMAN: You can bring it down a little bit. There you go. Okay, Chuck. MR. MARINOS: All right. Past orders: On September 22nd, 2022, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6181, Page 450, for more information. On March 23rd, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in docs and images for more information. This violation has been abated as of April 24th, 2023. Fines have accrued at a rate of $100 per day for the period from March 22nd, 2023, to April 24th, 2023, 34 days, for a total fine amount of $3,400. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.42. Total amount, $3,459.42. MR. AYASUN: Gravity? May 25, 2023 Page 118 MR. MARINOS: Do you want to -- okay. Yeah, read the bottom. The gravity of violation is not health or safety. Any actions taken by violator to correct: Permit PRCP20221151875 was CO'ed on 4/21/2023. Any previous violations committed by respondent/violator: N/A. And other relevant factors: N/A. CHAIRMAN KAUFMAN: Okay. Okay. Ma'am? MS. EMBLIDGE: Hi. CHAIRMAN KAUFMAN: Your turn to speak. MS. EMBLIDGE: Oh, hi. Thank you. Well -- so the first case, it was with different inspectors. It was a lady, then it was Rick, now it's Chuck. So we purchased the home at the end of March two thousand twenty-first [sic], my husband and I. And there was tenants. The tenants had a lease till -- for May, right? My husband wanted to buy a dump truck, so that's why he cleared the lot. Okay, honest mistakes. He didn't know. I didn't know. Then, yes, the neighbors call. The tenants did not leave our home till we had to hire an attorney to evict them, so he advised us not to go in the home even though we know we had a case. I waited until we evicted them. We evicted them at the end of November, so we actually move our home. So we spent the first Christmas there but not completely move from the other home. So in January of 2022 we move. My husband, on his dump truck -- and I have pictures if you'd like to see -- had an accident on 75 on his dump truck. It was a really bad accident. He was really hurt. And the truck, he couldn't fix it until, like, April -- sorry I don't have the exact date. I ask him, but he couldn't remember -- at the end of April, let's say, 2022. And those expenses were over $18,000 May 25, 2023 Page 119 to repair his dump truck. So -- and, yes, we had to -- you know, after we clear everything -- the reason he cleared it was for the dump truck, which already was approved everything, you know, the driveway. So we had -- we were going to do a shed, and we did end up doing a shed. We're going to do a 30-by-60, but because of the accident he had, we had to spend our money. I did the equity loan, and we had to lower to a 24-by-60 shed instead of the 30-by-60. But his truck, even after being fixed, it's like one week is okay, one week is bad. And the expenses, you know, kept accruing, accruing. So that's what took us longer. And then, obviously, applying and getting everything ready. And then when we were ready to pay for the shed, the shed prices went up. But I came for the extension in September. And I don't know -- oh, Rick, over there. And, yes, Ms. Susan said the last time, well, you knew. I did mention -- and I look at my past emails that I had misplaced. So please make sure I come before my extension was over in March because I assure you I have the -- I assure you, okay. So I trusted. And when I came, you guys find out I was too late -- two days behind. MR. FUENTES: You have to slow down for her, please. MS. EMBLIDGE: Oh, sorry, I didn't -- okay. So I was two days behind. So that's my fault, right. So -- but she's right. So then they gave me the time -- enough time for all the vegetation and everything, and that's why we were done in, I think -- we got it done. Thank you. MR. WHITE: One question, if I may, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MR. WHITE: March 23rd when you came, how much time were you given? May 25, 2023 Page 120 MS. EMBLIDGE: Well, I was -- MR. WHITE: Thirty days? MS. EMBLIDGE: Well, I was past two days. No. September -- MR. WHITE: No, no, no. MS. EMBLIDGE: I came in September, so I was given six months. MR. WHITE: I understand originally you had six months. MS. EMBLIDGE: Yes. MR. WHITE: But you came back and asked for more time. MS. EMBLIDGE: At least the 30 days, but they gave me -- I forgot how much. Six -- three months? How much? MR. WHITE: So -- MS. CURLEY: I see that same problem, Patrick. I'm trying to do the math. The only thing I can see -- MR. WHITE: I think she came in before the time you gave her to. CHAIRMAN KAUFMAN: That's correct. MS. EMBLIDGE: Two days, yes. MR. WHITE: Okay. That's all I was trying to get on the record, Mr. Chairman. MS. CURLEY: So also, point of clarification. It says April 24th, but below on Number B it says it was CO'ed on the 21st. So did we give her the -- MS. EMBLIDGE: It was the 21st. I have that emailed by Renald. MR. MARINOS: It was CO'ed on the 21st. That is a mistake there. We had an updated affidavit of compliance to match that the CO was completed on the 21st. MS. CURLEY: So the fining is 3,300 instead of 3,400 -- 3,100? You mean you backed off the $300. May 25, 2023 Page 121 MR. MARINOS: It was CO'ed, and the compliance date was set for the 21st. I'd have to -- MS. CURLEY: Yes. So $100 a day times three, so it's -- the fine amount should be $3,100. MR. LETOURNEAU: You're both wrong. CHAIRMAN KAUFMAN: Lee, you want to make a motion. MR. RUBENSTEIN: Yeah, I do. I want to reduce the fine from the 3,459 to $1,500 plus today's hearing costs of 59.42. CHAIRMAN KAUFMAN: Okay. So it would be $1,559.42 would be the total. MR. RUBENSTEIN: Correct. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Okay. MS. EMBLIDGE: Oh. You're asking me if I'm okay, or can I oppose? CHAIRMAN KAUFMAN: You are -- you're okay. MS. EMBLIDGE: Oh. May 25, 2023 Page 122 MS. CURLEY: You're great. MS. EMBLIDGE: Well, thank you. MR. FUENTES: Can I oppose? MR. AYASUN: Funny lady. CHAIRMAN KAUFMAN: Okay. Helen, it looks like the last case. MS. BUCHILLON: Last case, No. 11, CESD20210001545, First Property Yanza, LLC. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. PEREZ: Yes, ma'am, 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. MARINO: I do. MS. FERNANDEZ: I do. MR. MARINO: For the record, Joseph Marino, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Hold on one second, Joseph. We're all squared away? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MS. FERNANDEZ: Marelli (phonetic) Fernandez. CHAIRMAN KAUFMAN: Okay, thank you. Okay. MR. MARINO: All right. 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, OR6102, PG 1020, for more May 25, 2023 Page 123 information. The violation has not been abated as of May 25th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 24th, 2022, to May 25th, 2023, 275 days, for a total fine amount of $27,500. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing are $59.49. Total amount is $27,559.49. CHAIRMAN KAUFMAN: Okay. Ma'am, your turn to speak. MS. PEREZ: She said I've already done a lot of the things that I was required to do, but the reason why I haven't completed the entire case is because there was an additional permit that I had to open. She thought it was two sheds, and now it's three. I went to the county and I submitted the permit. They didn't allow me to do it. I had to find someone to obtain the permit for me. They submitted it, and that person did one permit for all three structures, and it was rejected, and they advised them they had to make three individual permits for each structure. And then there was an additional rejection that they needed an elevation certificate. And she's like, that took some time -- because they were very busy -- to do the elevation survey. So then that after she submitted that elevation certificate document, there was an additional rejection because the structures are premanufactured, so she had to get back and get the actual -- you know, premanufactured specs for them. She now -- as of right now she has three applications in the county, and so she's waiting for the county to do the review process on those remaining three sheds. And if they approve them, the inspections -- if not, then she'll get the rejection letter so that they could, you know, continue with the permitting process. May 25, 2023 Page 124 So she's, like, those three are the last that I need to complete my case, which I've had a lot of things that I had to do. So what I'm asking for is for 90 days to be able to have sufficient time to complete these remaining permits. Thank you very much. CHAIRMAN KAUFMAN: Okay. This goes back to February 24th of '22. How many structures were involved in February -- in 2022? MS. PEREZ: So she said first she had five structures that she thought she had to take care of. She demolished four, and she got a permit for one that had been there existing prior to her buying the property. They had been there since '98. So even though it had been there are a long time, she had to do some alterations to it, and she got the permit and CO'ed it, and then a pool that she had to remove as well. And then -- then she was notified that the other three that are currently there now also needed permits. She thought because they were premanufactured that she didn't need permits for those, only the ones that had been constructed from scratch, but now she's aware that all of them require it. And she had a fence permit that she had to complete as well. MR. FUENTES: Awesome. MS. CURLEY: She had to demo a pool? MS. PEREZ: It was an aboveground pool. She just removed it. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. What's your motion? MR. FUENTES: Let's grant her the 90 days. MS. CURLEY: Second. MR. FUENTES: She needs to pay today's operational costs of $59.28 within 30 days. CHAIRMAN KAUFMAN: Okay. We have a motion for May 25, 2023 Page 125 continuance. I don't have to argue with Patrick. MR. FUENTES: You and Patrick need to start agreeing on the verbiage here, because this is confusing. CHAIRMAN KAUFMAN: So 90 days. MR. WHITE: Extension. CHAIRMAN KAUFMAN: The costs of 59.49 to be paid within 30 days. Okay. We have a motion. Do we have a second? MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have your 90 days. And good luck in getting it done. MS. FERNANDEZ: Thank you very much. MR. WHITE: Ma'am, could you put your name on the record, please. MS. PEREZ: For the record, Cristina Perez. MR. WHITE: Thank you so much. CHAIRMAN KAUFMAN: Sit down, John. We've got more. We have cases to be referred, one, two, three, four cases. MS. CURLEY: I'll make a motion to refer the foreclosure collection authorization dated May 25th, 2023, to the County May 25, 2023 Page 126 Attorney's Office. CHAIRMAN KAUFMAN: To Jeff, who's walking up here now, yes. Jeff Klatzkow. Okay. We have a motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. YORK: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It passes. Which brings us to the end of the cases and the beginning of the County Attorney. Mr. Klatzkow. No, no, no, Mr. Klatzkow would like to speak with us. MR. KLATZKOW: I'll be brief. First off, it's a pleasure, my being here. I mean, 18 years ago I was the attorney for the Code Enforcement. Michele Arnold was the Code Enforcement attorney -- Code Enforcement director. Patrick was a valuable member of our office with a full head of hair. Outstanding land-use attorney for anybody that doesn't know. And it was different back then. Back then the code enforcement in Collier County was more about enforcement. And, quite frankly, it was probably too harsh on the violators. And the Board had a number of speakers come to them telling them their stories about the fines that were imposed, and a lot of it was heartbreaking. May 25, 2023 Page 127 And the Great Recession hit. And with the Great Recession, we had hundreds of properties throughout the county just fall into disrepair, and the Board policy changed from enforcement of the code to, good God, let's just get these people compliant. And there was a significant lessening of the enforcement on staff and just the full idea that the Board policy is let's work with these people, let's work with the banks, let's get these properties back into compliance, and once they're in compliance, we can waive any of the code fines. And as you know, the Great Recession ended many, many years ago, but the Board never really took up the issue of code enforcement until relatively recently. And the genesis of that is that we had a number of code enforcement liens, hundreds and hundreds and hundreds of thousands of dollars, coming into the Board for full forgiveness. And the Board said, you know, this is kind of silly. One, it's kind of silly to rack up a half a million dollars in code enforcement claims and, secondly, it's kind of ridiculous to then ask us to, like, reduce it to nothing. And Colleen Kerins, who you know, will talk to you about the new code lien resolution. But the one thing the Board wants to do, from a public policy standpoint -- is at one point in time we were hard into enforcement, and then the pendulum swung away, and it was just pure compliance. And the Board would like to see it go back more towards the middle where -- obviously, there's a great deference to what you do here. There's great appreciation, by the way, by the Board for what you do and by me for what you do. I know how hard you guys work. But we would like to see more of people who deserves to get the break get the break, but people who have been snubbing their noses May 25, 2023 Page 128 at staff and at this board maybe not get quite the break that they used to get. And the Board's feeling is that once the word gets around that we're a bit more serious about fines, we'll actually have less code enforcement to worry about. I don't know if that's true or not. We will find out over time. MR. FUENTES: I think it's true. MR. KLATZKOW: Yeah, we will find out over time. I don't know. I do know that when I was doing this once upon a time, it was the same people coming back and forth towards the Board. I don't know if that's still the case. I don't really watch what you guys do anymore. I defer to Colleen. But that's the overall concept. And, again, nobody's trying to influence what you do. Nobody's trying to tell you what to do. It's just they asked me to come here and tell you that the Board's starting to shift its policy back towards more of an enforcement policy but not all the way to the point where, you know, where going overboard on it. Just fair but firm as the policy; fair but firm. And I'll let Colleen talk about the new code lien. MS. KERINS: For the record, Colleen Kerins, Assistant County Attorney. As you all know, after they leave your desk in terms of the orders that are being imposed, the liens become property of the Board of County Commissioners. With that, in the past it was a very informal process since 2012, and letters would be written by the people or new owners to explain why they thought the code liens should be reduced, and a settlement would be recommended by staff to the Board to alleviate the liens on the property. Over the past, we've seen some people abuse the process, especially in terms of new owners taking possession of the property. So what we did is we took the old system and made it more of a May 25, 2023 Page 129 formal written application process in terms of the new resolution where we're not only making sure that there's no underlying code issues, making sure the zoning is proper for the property, making sure that they're paying all the prior hard costs before they bring their application, and we're making it a more formal process so that it's more clear when we go to forgive or come into a settlement in terms of what we take to the Board of County Commissioners, that everyone has a clear idea of what's going on and there's nothing that's kind of being pushed under the rug. With that, one of the other things we did was we installed a cap as to the highest point of that reduction that can be assessed by the Board after they leave your desk, and that's based on the assessed value of the property. So the most that they would be if they get through the process and approved for the application would be 10 percent of the assessed value, 20 percent of that value if it is a repeat offender. So it gives more clarity to the people coming and sending the applications as to what to expect financially, as well as it gives the Board a mechanism to ask for additional paperwork and make it a more formal process, just kind of building on what we've been doing the last 10-plus years. CHAIRMAN KAUFMAN: You're talking about the process that goes before the Board of County Commissioners? MS. KERINS: Yes. And within the resolution, the last kind of new improvement is there will be reviews by staff taken to the Board of County Commissioners for a review of kind of what's pending in terms of the liens. Whether or not those are for homestead properties, what the amounts are, is there compliance at this point. So what we're trying to do is alleviate the situations where those liens compound and the daily accrued fines continue to the point where it's $800,000, or things that are not really fitting the underlying May 25, 2023 Page 130 violation, and they're not fitting the value of the property. So we're hoping to kind of reduce and keep better control as to the amounts that are being accrued over time as well. MS. CURLEY: I have a question. So you said the cap is 10 percent of the assessed value. The cap for forgiveness or the cap for the total fine? MS. KERINS: Well, it would be for the total amount that the county would be able to accept. So if it's a person that has a $900,000 assessed value, for example, a commercial building or something like that, we would still be able to agree or propose a settlement amount up to $90,000 in that case. So it's still big enough where it would fit the value of the property and still be enough where someone who owns a commercial building would understand that -- they're still being hit with enough where it's fitting the violation and the property values. MS. CURLEY: So we impose a fine of $13,059.35, and off it goes to you, and let's say the property value's 100,000, you're going to reject that. You're going to reduce that down to 10 percent, or do they have to ask for that? MS. KERINS: They have to ask, and they have to go through the entire formal written application process that still goes through the factors that we've gone through all these years in terms of assessment and all of the mitigating factors to see whether or not they're going to be reviewed and recommended to the Board. And in a lot of the ones in the past -- when Mike was doing the reviews and staff, a lot of them wouldn't get past his desk. So what we're doing is if people have questions on them, we're making them give us all the documentation so that we have more on our side to justify a rejection or pushing it to the Board. MS. ELROD: And there's fees involved with filing this paperwork? May 25, 2023 Page 131 MS. KERINS: Yes. We added a fee component just to have them have -- get our costs back in terms of the processing of this because it is a more formal process. It has lots of pieces to it, including a reinspection. MS. ELROD: So you're going to make it harder to liquidate? CHAIRMAN KAUFMAN: Most of the fines that we imposed that are large are cases where they have never come into compliance, and one of the items that you have on your checklist, for lack of a better term, is they have to be into compliance. MS. KERINS: Yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And just remember, if you -- if you assess a $13,000 fine, the fines continue to accrue after that hearing. So they could build up astronomically over the years. CHAIRMAN KAUFMAN: I understand. MR. KLATZKOW: And to your point, Ms. Elrod, I believe the fee is 150. MR. AYASUN: Yeah. MS. ELROD: Some people can't afford that. (Simultaneous crosstalk.) MS. CURLEY: We've seen situations where a house fell into an estate -- THE COURT REPORTER: I can't hear you, Sue. MS. CURLEY: We would see, like, a home -- you know, somebody passes, and then it'd be in, you know, court for, you know, the will and whatnot, and the people really couldn't do anything, and so we were sort of stuck in limbo. So those situations are good that you have petition. Others, not so much. We would pass a lot of the foreclosure home cases on the mortgage lenders years ago, and we would watch the County Commissioners, and we'd watch them just give them -- you know, give them away, and so it's nice that -- May 25, 2023 Page 132 CHAIRMAN KAUFMAN: In the past -- I brought it up to Mike prior to his leaving -- quite often you have somebody who builds a -- could build a brand-new house, never applies for a building permit. They get caught. It comes before us, and we fine them. And during the period of time that the fines are accruing, that whole time they're not paying any taxes on that structure, or then they sell it to somebody else who comes and says, hey, I didn't do it. That was done by so and so, but they wound up buying the property for a dramatically lower price because there was a code violation on it. And those are cases where you don't want to give them the benefit of that, so -- MS. KERINS: Correct. And that's one of the things we've been asking for in the new resolution is if it's a case where a new buyer is coming to the Board and asking for a settlement reduction and it's a new property owner, they have to provide us their closing documents, if there is title insurance. So we're able to figure out on the back end whether or not it was something where they got a reduced price knowing there was a lien in place so we can better vet those types of situations so it's not where someone's coming in and trying to take advantage of the Board. CHAIRMAN KAUFMAN: Yes, I agree. MS. ELROD: So now houses will sit unsold because people won't be able to waive the fines. MS. KERINS: The old owner can come and ask and go through the process. The new owner could come and go through the process. It's just they have to go through all the steps to come into compliance. So we're forcing compliance before we get to the point of waiving all of this. MS. CURLEY: There's not very many houses that sit unsold in Collier County. May 25, 2023 Page 133 MS. KERINS: Not in this market. MS. CURLEY: Nice try. MR. RUBENSTEIN: I have a question for you. In the past, of the fines that have been imposed by this board, how many of them have been appealed to the -- directly to the commissioners, and those that were appealed, what percent of those were waived? MS. KERINS: I don't have specific numbers. And it's not really an appeal. It's -- the appeals are handled through the court system. It's more of a forgiveness in terms of settlement, because the liens do expire after 20 years. And especially homestead properties, we can't really do anything in terms of foreclosure. So it is an opportunity to let the people come and get some sort of closure on the issue and be able to move their property if they wish to or at least clear their title. MS. CURLEY: Well, I mean, a point of clarity is if it is homestead and then it becomes un-homestead, if someone dies, then the lien becomes effective. MS. KERINS: Correct. MS. CURLEY: So it's not always a clear-cut case where it's homestead. We're just sitting here with this big, fat lien. Those properties change hands. MR. KLATZKOW: Yeah. And just for clarity, the Board doesn't review your decisions. There's no process for that. Where the Board comes into play is, by statute, the Board owns the code lien, so only the Board can elect to reduce the code lien or to extinguish the code lien. And that's the Board's real sole function in this process. MR. WHITE: Or to foreclose. MR. KLATZKOW: Well, yes. But I've got to tell you, the last time we foreclosed on a code lien, I did that, and that was, like, 18 years ago. May 25, 2023 Page 134 MR. WHITE: I understand. That is part of the challenge. And I would just like to reiterate Mr. Klatzkow's perspective that what you're hearing today about what the Board of County Commissioners have chosen to do as a matter of policy is being brought to you as a reflection more of philosophy rather than guidance or direction being specifically provided to this board. You're an independent quasi-judicial board, and although you certainly are, like any other human being or citizen, entitled to know what public records are out there, including the resolution that was referenced today, the gist I take from this, having been in Mr. Klatzkow's position and Ms. Kerin's position, and as your attorney now, and having worked with a lot of the staff on what the building permit and site development processes are, each case is specific. The facts truly do matter. And fining being the "fair but firm" begins when you start out providing a, quote, reasonable period of time to come into compliance and also when you are asked to extend the time to impose the fines, to have a reasonable basis for doing so. More staff work, I think, is going to help you make better decisions. And to the degree that staff is going to be paralleling the process that the County Attorney's Office is going to use relative to the Board of County Commissioners' process is really going to help inform and help you to make the best decisions on a case-by-case basis. So unless there's any questions, I'll turn my mic off. MS. CURLEY: Do we want to make a motion to pass the new rules that we all got yesterday? MR. WHITE: I can update you on that, Ms. Curley and Board members. That's not on your agenda for today. It will be for next month. CHAIRMAN KAUFMAN: Are you going to be here next May 25, 2023 Page 135 month? MR. WHITE: I promise I'll be here next month, the good Lord willing. MS. CURLEY: I won't. MR. WHITE: I'm sorry to miss you. Physical present. Does everybody hear that? I will be here next month. CHAIRMAN KAUFMAN: Will you be here the month after? MR. WHITE: Regretfully or, you know, joyfully, no, depending upon your perspective. CHAIRMAN KAUFMAN: Okay. I think the Board has acted reasonably when assigning fines, liens, et cetera, over the past many, many years. I missed you, but I did work for Michele Arnold when I was here. And I've been sitting in this seat for close to 14 years, and I find the Board -- you have different perspectives from different members, and we kind of get it right, I think, all the time. I don't think we've ever been appealed. MR. KLATZKOW: There's no criticism by the Board of what this board has done. It's just -- they asked me to just reflect to you what their change in policy is. That's all. CHAIRMAN KAUFMAN: Very good. Okay. We are adjourned. ***** May 25, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:36 p.m. CODE ENFORCEMENT BOARD ER UFMAN, CHAIRMAN These minutes approved by the Board on .n ice's_- 4 ,20.g.3 as presented >' or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. Page 136