CEB Minutes 06/22/2023June 22, 2023
Page 1
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, June 22, 2023
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
Vice Chair: John Fuentes
Kathleen Elrod
Lee Rubenstein
Tarik Ayasun
James York (Alternate)
Sue Curley (Absent)
ALSO PRESENT:
Tom Iandimarino, Code Enforcement Director
Helen Buchillon, Code Enforcement
Jeff Letourneau, Manager of Investigations
Patrick White, Attorney to the Board
June 22, 2023
Page 2
CHAIRMAN KAUFMAN: Good morning. I'd like to call the
Code Enforcement Board to order.
Notice: That the respondents may be limited to 20 minutes for
case presentation unless additional time is granted by the Board.
Persons wishing to speak on any agenda item will receive up to
five minutes unless the time is adjusted by the Chairman.
All parties participating in the public hearing are asked to
observe Robert's Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and, therefore,
may need to ensure that a verbatim record of the proceedings is
made, which 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 hope you all understand that. I'm going to ask questions after
and give you a mark.
I'd like everybody to stand for the Pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Helen, why don't we start out with
the roll call.
MS. BUCHILLON: Yes, sir. Good morning. For the record,
Helen Buchillon, Code Enforcement.
Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. BUCHILLON: Ms. Kathleen Elrod?
MS. ELROD: Here.
MS. BUCHILLON: Ms. Sue Curley is excused.
Mr. John Fuentes?
MR. FUENTES: Here.
MS. BUCHILLON: Mr. Lee Rubenstein?
June 22, 2023
Page 3
MR. RUBENSTEIN: Here.
MS. BUCHILLON: Mr. Tarik Ayasun?
MR. AYASUN: Here.
MS. BUCHILLON: And, Mr. James York?
MR. YORK: I'm here.
CHAIRMAN KAUFMAN: Okay. The minutes, unless
somebody has an objection, will be approved. I need a motion from
the Board.
MR. AYASUN: So moved.
CHAIRMAN KAUFMAN: And a 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Which brings us to the agenda.
MS. BUCHILLON: Yes.
CHAIRMAN KAUFMAN: Do we have any changes, Helen?
MS. BUCHILLON: Yes, we do. We have five stipulations.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Under public hearings, B, stipulations,
No. 1, CESD20220005165, Gene and Maylin Nailon.
Number 2, CESD20220010928, Gene and Maylin Nailon.
Number 11, CESD20220008942, Salvatore Iannotta.
Number 9, CESD20220009720, SG Propco 2022, LLC.
June 22, 2023
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Number 4, CESD20220008565, Greg and Heather Ream.
Those are all the stipulations. Now we have some withdrawns.
Under public hearings, D, hearings, No. 5, CESD20220010367,
has been withdrawn. Permit has been issued.
Number 7, CESD20230003117, Ahmad Dahish Ahmad, has
been withdrawn and will be rescheduled for the July hearing.
Number 8, CELU20210005983, Gregory Davenport and Tara F.
Davenport, has been withdrawn and will be rescheduled for the July
hearing.
Under old business, motion for imposition of fines and liens,
No. 6, CESD20210005400, Ronnie Haar, has been withdrawn due to
compliance efforts.
Number 7, CESD20210011881, Donald N. Garrison and Cheryl
K. Garrison, has been withdrawn. Permit has been issued.
Number 9, CESD20200009039, Kurt Clapper and Tricia
Clapper, has been withdrawn due to compliance efforts.
And those are all the withdrawns.
CHAIRMAN KAUFMAN: Okay. Can we get a motion from
the Board to accept is the agenda as modified?
MS. ELROD: Motion to accept the agenda.
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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
June 22, 2023
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CHAIRMAN KAUFMAN: It carries unanimously.
MR. WHITE: Point of order, Helen. IOF No. 8, was that
withdrawn, No. 8 under impositions?
MS. BUCHILLON: It was, but then they put it back on, now
they're saying we are going to withdraw it. So we do need to amend
the agenda.
MR. WHITE: Reamend.
MS. BUCHILLON: Reamend it. I'm sorry.
CHAIRMAN KAUFMAN: Okay. Can we get a motion from
the Board to amend the agenda again?
MS. ELROD: Motion to amend again.
MS. BUCHILLON: Number 8, CESD20200007975, Jessica
Doyle and Marc C. Berry, has been withdrawn due to compliance
efforts.
CHAIRMAN KAUFMAN: Okay. We have the 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Are you going to slip another stipulation in there for me, Helen?
(No response.)
Okay. We're going start out with?
June 22, 2023
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MS. BUCHILLON: The extension of time.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Under public hearings, A, motions, motion
for extension of time, No. 1, CEVR20220003493, 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: If you give me 30 seconds.
Okay. We have a sheet, okay. You're requesting an extension
of time?
MS. THEODORE: Yes, sir.
THE COURT REPORTER: Can you state your name.
MS. THEODORE: Sue Theodore, sorry. Property manager
for Mission Hills Shopping Center.
CHAIRMAN KAUFMAN: We've been sworn?
THE COURT REPORTER: Yes.
MR. AYASUN: Okay.
MS. THEODORE: Okay. With this shopping center, to redo
these plants, we had to completely redo the irrigation system. They
lost a lot. That took some time, parts and pieces, as we know. They
have completed that, and we now have a new projected timeline to be
finished, including mulch, by July 21st. This isn't just a few plants.
This is almost an entire property redo, so it's a lengthy process.
So we are requesting more time. I would like to ask for 60 days
just in case. I know that's a lot. It's more than projected, but I just
want to make sure that we have sufficient time.
CHAIRMAN KAUFMAN: So you think 60 days will be
sufficient?
June 22, 2023
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MS. THEODORE: I do.
CHAIRMAN KAUFMAN: Okay. Any objection from the
county?
MR. CATHEY: No objection.
CHAIRMAN KAUFMAN: Okay.
MS. ELROD: I'll make a motion to accept -- or to extend for
60 days.
CHAIRMAN KAUFMAN: Okay. We have a motion.
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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you. See you in August, maybe not.
MS. BUCHILLON: Next case.
MR. LETOURNEAU: Helen, before you go, do you guys want
to amend the agenda to remove the imposition for that company?
CHAIRMAN KAUFMAN: Yes. Can we get a motion from
the Board to amend the agenda removing that case from --
MR. LETOURNEAU: Number 2 in impositions.
CHAIRMAN KAUFMAN: In the imposition.
MS. ELROD: I'll make a motion to amend the agenda.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: I have a motion and a second. All
those in favor?
June 22, 2023
Page 8
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. BUCHILLON: Thank you, Jeff.
Next case, motion for extension of time, No. 2,
CELU20220004568, Shirley Taylor, 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?
MS. PULSE: I do.
MR. RICE: I do.
CHAIRMAN KAUFMAN: Okay. This was unpermitted
storage outside including vehicles, et cetera?
MR. RICE: Yes.
CHAIRMAN KAUFMAN: We have a letter on that, if you
give me a minute.
MR. RICE: Yes.
Why don't you go ahead and put that up. That wasn't --
CHAIRMAN KAUFMAN: Okay. I have read this. Why
don't you give us a quick summary, and we'll go from there.
MR. RICE: This property is in the heart of the industrial park
over on Shirley and Taylor. The owner -- one of the owners, one of
the principals, Richard Vetter, is here. The other was unable to
attend.
Since this started -- it was pre-hurricane, then after the
June 22, 2023
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hurricane. We met back in February of this year.
There was another code case, same property, had to do with
some of the owners' occupational licenses that took up some of our
time. We got compliance. That case has been finalized.
The reason we're asking for a continuance in this regard is that
in an industrial zone, you know, the inoperable vehicles are permitted
so long as there's proper screening.
Now, we just want some time so that we can meet with Zoning
to determine exactly what -- what needs to be done with regard to this
property. We have been able to do screening on some sides of the
property. The only really issue, I believe, is screening on the north
side.
Now, we have a variance of -- there was a variance -- the
building on the north side was built in '79. There was a variance for
the side yard to the north in '95. And this is the screening that we're
talking about on the north side.
So we're asking for a 90-day continuance -- excuse
me -- extension of time. Thirty days of that is so that we can meet
with zoning. We want to include the -- excuse me -- the code
enforcement officers in those discussions. That will take about 30
days; 30 days for compliance. We asked for a little bit of additional
time just for wiggle room.
CHAIRMAN KAUFMAN: Okay. Is this on our agenda for
imposition of fines as well?
MR. RICE: Yes, it is.
MS. PULSE: No.
MS. BUCHILLON: No, sir.
MR. RICE: No. I'm sorry.
CHAIRMAN KAUFMAN: Okay. Dee, your comments on
this?
MS. PULSE: For the record, Dee Pulse, Collier County Code
June 22, 2023
Page 10
Enforcement.
Their court-ordered date isn't until tomorrow, so they're asking
for an extension. The county has no problem with a minimal
extension of time.
CHAIRMAN KAUFMAN: Okay. I know I can argue with
our attorney over this. We generally call it a continuance. He likes
us to call it an extension of time without fines.
MR. WHITE: The form of the motion is an extension of time,
but the impact of it is a continuance. It's --
CHAIRMAN KAUFMAN: Okay.
MR. WHITE: -- as the Chair has said, a mix of semantics and
substance.
CHAIRMAN KAUFMAN: Okay. So the county has no
problem with a continuance on this?
MS. PULSE: No, sir.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion or have any questions?
MS. ELROD: Now, is it a continuance because there are no
fines yet, or is it an extension because they haven't started?
CHAIRMAN KAUFMAN: Well, we can turn the clock ahead
one day and call it a continuance. Ask our esteemed attorney on his
last day here.
MR. RUBENSTEIN: I have a question.
CHAIRMAN KAUFMAN: Sir?
MR. WHITE: Him. That attorney. Very good.
MR. RUBENSTEIN: I have a question for you.
MR. RICE: Yes.
MR. RUBENSTEIN: How many vehicles were there originally
to be removed, and how many remain today?
MR. RICE: Well, there were -- I don't know the exact numbers
but --
June 22, 2023
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MR. RUBENSTEIN: Approximate.
MR. RICE: -- let's say two dozen.
MR. RUBENSTEIN: Two thousand?
MR. RICE: Two dozen.
MR. RUBENSTEIN: Oh, two dozen.
CHAIRMAN KAUFMAN: Somewheres around 24.
MR. RICE: This property is almost two acres. There's, you
know, two buildings on it. One building is an irrigation supply
company. There's no vehicles on that portion of the property. I
mean, there were quite a few cars, and the number have -- of vehicles
have been removed.
MR. RUBENSTEIN: How many are left?
MR. RICE: I don't know the exact number. I'm guessing a
dozen to 18.
CHAIRMAN KAUFMAN: Let me just ask --
MR. RICE: But, again -- again, if we have proper screening,
that's --
CHAIRMAN KAUFMAN: That's --
MR. RICE: -- that's a permitted use. This is -- again, this is in
the heart of the -- if you would, bring up the aerial. I mean, it --
MR. RUBENSTEIN: I know where it is.
CHAIRMAN KAUFMAN: Yeah.
MR. RICE: I mean, we've got Monty Sanitation to the south.
To the north is the -- is the cell towers. I mean --
MR. RUBENSTEIN: When were you first written up on this?
MR. RICE: It was August of '22. That was right before Ian.
Then Ian happened. Then --
MR. RUBENSTEIN: So --
MR. RICE: -- it was reengaged. We came before the Board,
or the owner -- I wasn't involved. But the owners came in front of
the Board I believe September -- no, February 28th or something like
June 22, 2023
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that.
MR. RUBENSTEIN: So in 10 months you've removed about
eight cars?
MR. RICE: No, no. That's -- we've removed more than that.
Vehicles are coming in. We're removing, and vehicles are coming
in. That's part of the problem that we're having.
We have tenants that are in the automotive industry that
sometimes use inoperable vehicles, take parts off of them to use
to -- for vehicles that they're repairing. They come in. They leave.
So it -- that's part of the reason -- they're -- if the solution -- if
the only way my client can come into compliance is to remove all the
cars, that means removing three tenants, and -- I mean, all we're
asking for is additional time before we do something that is very
confrontational that we make sure we understand what we need to do
to gain compliance. We want to comply. The owners want to be in
compliance.
So if it has to be that nasty, remove all the cars and confront the
tenants, that's what we'll do if that's what we have to do.
CHAIRMAN KAUFMAN: Let me interrupt for a second. Do
you have a meeting scheduled with the folks to see if you can store
the vehicles there? You said you're going to look to the --
MR. RICE: Looking to the zoning department for their
guidance with regard to -- specifically with regard to what type of
screening we need along the northern border to be in compliance for
inoperable vehicles to be on the property.
CHAIRMAN KAUFMAN: Okay. I don't want to put words
in his mouth, but it sounds like what Lee was asking was since
August of last year, have you -- you have no intention of removing
the vehicles. You're just going to put a screen -- some sort of
screening on?
MR. RICE: No, no. Well, I mean, we would prefer -- if we
June 22, 2023
Page 13
can come into compliance that way, yes, that's what we would prefer
to do.
CHAIRMAN KAUFMAN: Okay. So I think, without getting
into the gory details, I guess what you're asking, since last August,
have you attempted to reach the county to see what type of screening
is required? I mean, is this a telephone call, a letter, or what?
MR. RICE: My -- I mean, my -- if my clients are remiss in
anything, it was engaging an attorney late in the game. Yes, they
didn't engage me until about a month ago. And, I mean, you know,
that was a regrettable choice on their part, but they thought -- you
know, they've been doing business here in Collier County, and they
thought that they could do this without the aid of an attorney and,
unfortunately, it doesn't look that way. I mean, it --
CHAIRMAN KAUFMAN: It seems to me it's simple. You're
going to put up some sort of a screening, as you call it, or you're
going to remove the vehicles. That will put you in compliance.
MR. LETOURNEAU: For the record --
CHAIRMAN KAUFMAN: Jeff.
MR. LETOURNEAU: -- Jeff Letourneau, Collier County Code
Enforcement.
It might be a little bit more difficult than that due to the fact
that -- I'm imagining, due to the age of this property, it probably
didn't have a Site Development Plan.
MR. RICE: Yeah. The building was built in '79, so there's no
Site Development Plan. We also have the fact that we've got -- we
also have the fact that we have, you know, the variance. We have a
fence along that side, but it's only six feet.
So the question is, if we -- is six feet sufficient, or do we have to
have seven feet, which is what the code requires? It's that nuance
that we want to talk to Zoning about. It's not -- this is not -- like,
we're not trying to do anything.
June 22, 2023
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MR. LETOURNEAU: What I'm trying to say is also they
might have to designate a specific storage area. They might be
required to get a Site Development Plan, you know. I don't know if
it's just as simple as a 7-foot fence at this point. So, you know, it
might be a little bit more complicated than what they're --
CHAIRMAN KAUFMAN: Can I inquire where the complaint
came from?
MS. PULSE: It came from the fire department.
MR. RUBENSTEIN: Do we have any current pictures?
CHAIRMAN KAUFMAN: We're not hearing the case now,
so...
But the fire department, they have a problem with?
MS. PULSE: There were vehicles parking along the
drive-through. That has been taken care of long ago. They do not
park along that area any longer.
CHAIRMAN KAUFMAN: Okay. So the fire department is
probably happy as far as that's concerned?
MS. PULSE: Yes.
CHAIRMAN KAUFMAN: Okay.
MS. PULSE: And if I may say something, I know
they've -- they've done a lot. They've towed cars. Sixteen vehicles
they towed already. And there is a minimum of 15 units in that
building that are automotive repair businesses.
CHAIRMAN KAUFMAN: Okay. So they need 90 days, start
to finish, to get everything done. Okay.
MR. AYASUN: Yep.
MS. ELROD: I'll make a motion to grant them the 90 days.
CHAIRMAN KAUFMAN: Okay. We have a motion.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: And we have a second.
All those in favor?
June 22, 2023
Page 15
MS. ELROD: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. It passes.
MR. RICE: Thank you.
MR. WHITE: Good luck, Roger.
CHAIRMAN KAUFMAN: And now we move on to the stips.
MS. BUCHILLON: Yes, sir. We actually need to amend the
agenda. We have a new stipulation.
CHAIRMAN KAUFMAN: You're not allowed. Could we get
a motion to amend the agenda to add a stipulation?
MR. AYASUN: So moved.
MS. ELROD: I'll make a motion to extend or to amend.
CHAIRMAN KAUFMAN: We have the motion. Do you
want to second it?
MS. ELROD: Sure.
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: (No verbal response.)
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. FUENTES: Aye.
MS. BUCHILLON: It would be No. 12 under hearings,
CELU20220004718, Lowe's Home Centers, Inc.
June 22, 2023
Page 16
CHAIRMAN KAUFMAN: And that will be after we hear the
stip for No. 4?
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And we're going to go ahead and start with
the first stipulation. Under public hearings, hearings, No. 1,
CESD20220005165, Gene and Maylin Nailon.
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: Let the record reflect that the
respondent is not present.
Okay. Would you like to read the stip into the record for us?
MR. MARINOS: Yes, sir. I happily 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 completion/occupancy for improved [sic] slash
renovation of the metal storage building into living space within 90
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
June 22, 2023
Page 17
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 on this
from the county other than the stipulation?
MR. MARINOS: No, sir.
CHAIRMAN KAUFMAN: Do you think that's sufficient time
to bring them into compliance?
MR. MARINOS: Yes, sir, and the respondent agrees as well.
CHAIRMAN KAUFMAN: Okay. Any questions or motions
from the Board?
MS. ELROD: I'll make a motion to accept the stipulation as
written.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MR. MARINOS: Thank you.
MS. BUCHILLON: Next stipulation.
CHAIRMAN KAUFMAN: Which brings us to No. 2.
MS. BUCHILLON: Number 2, CESD20220010928, Gene and
Maylin Nailon.
THE COURT REPORTER: Do you swear or affirm the
June 22, 2023
Page 18
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MARINOS: I do.
CHAIRMAN KAUFMAN: Let the record reflect that the
respondent is not present.
Okay. Would you like to read this into the record for us?
MR. MARINOS: I happily will.
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, obtaining all required Collier County building permits or
demolition permit, inspections, and certificate of
completion/occupancy for the improvements/renovation of the metal
building including, but not limited to, the following: Kitchen
installation, mezzanine/office installation, installation of a CNC
machine, and electrical and plumbing utilities installation within 90
days of this hearing, or a fine of $150 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; and,
Four, that if the respondent fails to abate the violation, the
county may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Any questions from the
Board?
(No response.)
CHAIRMAN KAUFMAN: Any comments from the county?
June 22, 2023
Page 19
MR. MARINOS: No, sir.
CHAIRMAN KAUFMAN: Any motions from the Board?
MS. ELROD: I'll make a motion to accept the stipulation as
written.
MR. YORK: 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. MARINOS: Thank you.
CHAIRMAN KAUFMAN: Thank you.
Which brings us to?
MS. BUCHILLON: ***Number 11, CESD20220008942,
Salvatore A. Iannotta.
CHAIRMAN KAUFMAN: We don't have a sheet on this one,
Helen; is that correct?
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: Okay. So we'll just show it on the
overhead.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MUCHA: I do.
MR. IANNOTTA: I do.
June 22, 2023
Page 20
CHAIRMAN KAUFMAN: Good morning, Joe.
MR. MUCHA: Good morning.
CHAIRMAN KAUFMAN: Would you like to read this into
the record for us?
MR. MUCHA: Yes, I would. For the record, Joe Mucha,
supervisor, Collier County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, to abate all violations by obtaining all required Collier
County building permits or demolition permits, inspections, and
certificates of completion and/or occupancy for the unpermitted steel
building 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 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: Thank you, Joe.
Could you give us your name on the microphone for the record.
MR. IANNOTTA: Salvatore Iannotta.
CHAIRMAN KAUFMAN: You can bring it up. You're taller
than I am.
MR. IANNOTTA: Salvatore Iannotta.
CHAIRMAN KAUFMAN: Okay. Thank you.
Is 120 days sufficient to get everything done?
June 22, 2023
Page 21
MR. IANNOTTA: I think so. There is -- in 2011 there was a
case where one of the Quonset huts that was on the building was built
on wetlands, so that might be the only thing that holds me up a little
bit. That was in the corrections letter. But other than that, I believe
so, yes.
CHAIRMAN KAUFMAN: Okay. So you know that if after
119 days you're not in compliance, you probably should contact --
MR. IANNOTTA: Oh, yes.
CHAIRMAN KAUFMAN: -- Code Enforcement?
MR. IANNOTTA: Jason had told me to contact him within 90
days --
CHAIRMAN KAUFMAN: Okay.
MR. IANNOTTA: -- of progress.
CHAIRMAN KAUFMAN: Great.
Any questions from the Board?
(No response.)
CHAIRMAN KAUFMAN: Any motions from the Board?
MS. ELROD: I'll make a motion to accept the stipulation as
written.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
June 22, 2023
Page 22
Thank you, Salvatore.
MR. IANNOTTA: Thank you.
MS. BUCHILLON: ***Next case, No. 9, CESD20220009720,
SG Propco 2022, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MALDONADO: I do.
MR. MUCHA: I do.
CHAIRMAN KAUFMAN: Okay. Joe, would you like to read
this into the record for us?
MR. MUCHA: Yes, sir. For the record, Joseph Mucha,
supervisor, Collier County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, to abate all violations by obtaining all required Collier
County building permits or demolition permits, inspections, and
certificates of completion and/or occupancy for the grass -- for the
gas grills within 90 days of this hearing, or a fine of $100 per day will
be imposed until the violation is abated;
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
Four, that if the respondent fails to abate the violation, the
county may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Could you state your name
June 22, 2023
Page 23
on the microphone for us, please.
MR. MALDONADO: Yes, sir. Fred Maldonado.
CHAIRMAN KAUFMAN: And this was -- a Jason Packard
was the respondent? You have his permission to agree to this?
MR. LETOURNEAU: No, Jason was the investigator.
CHAIRMAN KAUFMAN: Oh, I'm sorry. I got it backwards.
You're the -- you're the SG Propco officer in the LLC?
MR. MALDONADO: Yes, sir. Authorized agent, yes, sir.
CHAIRMAN KAUFMAN: Okay. All right. You have 90
days. Any problem with that?
MR. MALDONADO: No, sir. That should be sufficient.
CHAIRMAN KAUFMAN: Okay. Any comments or motions
from the Board?
MS. ELROD: I'll make a stipulation to accept the -- I'll make a
motion to accept the stipulation as written.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: Okay. All those in favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Good luck. I'll be over for the hamburgers after.
MR. MALDONADO: Thank you.
MS. BUCHILLON: ***Next stipulation, No. 4,
CESD20220008565, Greg and Heather Ream.
THE COURT REPORTER: Do you swear or affirm the
June 22, 2023
Page 24
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. JONES: I do.
MR. REAM: I do.
CHAIRMAN KAUFMAN: Good morning.
MR. REAM: Good morning, sir.
CHAIRMAN KAUFMAN: Would you like to read this into
the record for us?
MR. JONES: Yes, sir. For the record, Investigator Alfonse
Jones, Collier County Code Enforcement.
Therefore, it is agreed between the parties and the respondent
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 building -- for
the plumbing, electrical, and framing work, inspections and
certificate of completion/occupancy for the interior renovations
within 120 days of this hearing, or a fine of $100 per day will be
imposed until the violation is abated;
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
Four, that if the respondent fails to abate the violation, and the
county -- excuse me.
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.
MR. LETOURNEAU: Mr. Chairman.
June 22, 2023
Page 25
CHAIRMAN KAUFMAN: Yes.
MR. LETOURNEAU: I think we got a little bit out of order on
this stip. It should basically read: Obtain all Collier County
building permits, demolition permits, and certificate of
completion/occupancy for the plumbing, electrical, and framing and
interior renovations. I think the completion and occupancy was a
little bit out of order right there.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: This is just for Patrick for the order
writing right there.
CHAIRMAN KAUFMAN: Okay.
MR. WHITE: Got it.
CHAIRMAN KAUFMAN: Sir.
MR. REAM: Yes.
CHAIRMAN KAUFMAN: Could you give us your name on
the microphone, please.
MR. REAM: Craig Ream.
CHAIRMAN KAUFMAN: Craig, do you think 120 days is
sufficient time to get everything done?
MR. REAM: I'm hopeful. I'll do my part.
CHAIRMAN KAUFMAN: Okay. That's all we can ask for.
Have we got any motions or comments from the Board?
MS. ELROD: I'll do it different this time. We'll make a
motion to accept the stipulation as written.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: And we have a second. All those
in favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
June 22, 2023
Page 26
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
This is your last day?
MR. JONES: First time.
CHAIRMAN KAUFMAN: There you go.
MR. REAM: Thank you.
CHAIRMAN KAUFMAN: Okay. Thank you.
MR. JONES: Thank you.
MS. BUCHILLON: ***Last stipulation, No. 12,
CELU20220004718, Lowe's Home Centers, Inc.
Okay. And we have a speaker on this. Is Vincent Velasquez
here?
MR. VELASQUEZ: I don't speak on this one, sir.
CHAIRMAN KAUFMAN: Oh. My slip said 12. So maybe
I'm --
MS. BUCHILLON: Yeah, it's for imposition of fines.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COLLIER: Yes.
MR. LAVY: Yes.
CHAIRMAN KAUFMAN: Good morning.
MR. COLLIER: Good morning.
CHAIRMAN KAUFMAN: This case seems to have been
bounced around for quite a while.
MR. COLLIER: A little bit. For the record, Adam Collier,
Collier County Code Enforcement.
June 22, 2023
Page 27
Do you want me to go ahead and read?
CHAIRMAN KAUFMAN: Yes, please read it into the record
for us.
MR. COLLIER: Therefore, it is agreed between the parties that
the respondent shall:
Pay operational costs of 59.28 incurred in the prosecution of this
case within 30 days of the hearing;
Abate all violations by removing all unauthorized accumulation
of litter and all other items not permitted for outside storage to a site
designated for such use or storing desired items in a completely
enclosed structure within 180 days of this hearing, or a fine of $100 a
day will be imposed for each day the violation remains;
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. 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, could you give us your
name on the microphone.
MR. LAVY: My name is Terrence Lavy. I'm an attorney from
Vernis and Bowling representing Lowe's.
CHAIRMAN KAUFMAN: Okay. No problem with the time
to resolve the situation?
MR. LAVY: No, Your Honor. We should be fine with that.
Just so the record is clear, also, Philip Huey, who is the store manager
involved, is actually present as well.
CHAIRMAN KAUFMAN: Okay. I know that at some point
in time Lowe's was looking to change the PUD to allow for --
June 22, 2023
Page 28
MR. LAVY: I think we're going to wind up having to do that
to address the issues, both at this store and some others, and that is in
the works, as I understand it.
CHAIRMAN KAUFMAN: Do you think you have enough
time to modify the PUD?
MR. LAVY: Between now and then, probably not, but in terms
of abating the actual violation, yes.
CHAIRMAN KAUFMAN: Okay, great.
Okay. Any questions or motions from the Board?
MR. FUENTES: Make a motion to accept the stipulation.
MS. ELROD: Second.
CHAIRMAN KAUFMAN: I 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Good luck.
MR. LAVY: Thank you very much.
MR. COLLIER: Thank you.
CHAIRMAN KAUFMAN: Unless we have any late-breaking
stipulations...
MS. BUCHILLON: No, those were all.
CHAIRMAN KAUFMAN: You're not allowed to pay him off
on the --
MS. BUCHILLON: Under hearings.
June 22, 2023
Page 29
CHAIRMAN KAUFMAN: We are up to whatever you tell me.
MS. BUCHILLON: ***Number 3 under hearings,
CEPM20220003654, Roland W. and Darlene S. Sanders.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. JOHNSON: I do.
MS. SANDERS: I do.
CHAIRMAN KAUFMAN: Ma'am, could you give us your
name on the microphone, please.
MS. SANDERS: Yes, Darlene Sanders.
CHAIRMAN KAUFMAN: Okay.
MS. SANDERS: And my husband is in the hospital. He
couldn't be here.
CHAIRMAN KAUFMAN: Okay. You have his permission to
speak?
MS. SANDERS: He sends his regards.
CHAIRMAN KAUFMAN: Okay. Tell him we hope he feels
better.
MS. SANDERS: I hope so, too. He had a nine-hour surgery
the other day.
MR. FUENTES: Just like you, Chairman.
CHAIRMAN KAUFMAN: Yeah, just like me. There's more
to operate on me than there are on most people.
John?
MR. JOHNSON: Good morning. For the record, Investigator
John Johnson, Collier County Code Enforcement.
This is in reference to Case No. CEPM20220003654 dealing
with a violation of Collier County Code of Laws and Ordinances,
Chapter 22, Article 6, Section 22-236, specifically the primary
structure on this parcel has been declared to be a dangerous structure.
June 22, 2023
Page 30
Located at 2448 Andrew Drive, Naples, Florida 34112, Folio
No. 82640200000.
Service was given of the notice of violation on April 29th, 2022.
On April 22nd, 2022, Building Official Jonathan Walsh issued a
declaration of a dangerous building on this parcel.
By the way, this case was a field observation witnessed by me.
On April 29th, 2022, the notice of violation along with a copy of
the dangerous building determination was served at the owners'
property which borders this property.
On September 15th, 2022, a demolition permit was obtained and
issued to tear down, remove, and dispose of this structure. The
expiration date of this demo permit was set at March 14th, 2023.
That permit was with Wreck It Demolitions, Inc.
To date, no work has started, and the violation remains.
I would now like to present case evidence in the following
exhibits: I have a copy of the dangerous structure determination, I
have the Property Appraiser information and aerial, and eight dated
photos taken by me.
CHAIRMAN KAUFMAN: Okay. Has the respondent seen
the photos and the other documentation?
MR. JOHNSON: Yes, she has.
CHAIRMAN KAUFMAN: Do you have any objection to that
being put in the record?
MS. SANDERS: No, I don't.
CHAIRMAN KAUFMAN: Okay. Could we get a motion
from the Board to accept the photos and other documentation?
MR. AYASUN: So moved.
CHAIRMAN KAUFMAN: We have a motion. Do we have a
second?
MS. ELROD: Second.
CHAIRMAN KAUFMAN: We have a second. All those in
June 22, 2023
Page 31
favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay, John.
MR. JOHNSON: Okay. This is the dangerous building
determination that's done when a structure appears to be dangerous,
and it was deemed to be dangerous by Jonathan Walsh. And as you
can see -- and I know it's a lot of text, but as you can see here, there
was a "30-day from date hereof" requirement for that structure to be
removed.
Now, there is no people living in this structure, so it is -- it is
vacant. So that's one.
This is new to me, so -- now I can't see -- so this is the case
evidence, the aerial and the property information from Property
Appraiser. This Andrew Drive is off of U.S. 41 kind of near the
Bayshore Triangle area, and this is an outside picture I took on
April 12th. You can see that there is some -- some decay there, if
you will. It is -- the roof structure is compromised, some of the
windows and so on. I guess self-evident. Interior, there's a few
issues that need to be addressed through demolition.
And so on -- yesterday, I just took this follow-up picture just to
confirm that nothing has been done.
That is my evidence, sir.
CHAIRMAN KAUFMAN: Okay. Ma'am?
June 22, 2023
Page 32
MS. SANDERS: Yes.
CHAIRMAN KAUFMAN: It looks like --
MS. SANDERS: It's a disaster.
CHAIRMAN KAUFMAN: It looks like you need a little
renovation there.
MS. SANDERS: It needs to be torn down.
CHAIRMAN KAUFMAN: It does.
MS. SANDERS: And we've been trying to get that done, but
we've had a number of issues, partly -- this structure was damaged
from Hurricane Irma, and we've been dealing with insurance issues
ever since.
My mother was on the property originally, and she passed away
a year after that, and it's been nothing but trouble with insurance ever
since. And then we had Ian that flooded it out. So we're dealing
with a lot of problems there. And we've been trying to get it done.
And then my husband's been very ill. So we're just asking for
an extension now, because we want to get it down, and hopefully he
recovers and comes home and we can get things done. So if we
could get an extension, I think we can get the people out to do it now
and maybe we'll get the insurance finalized.
CHAIRMAN KAUFMAN: Okay. It appears that from what
the county has said, that at one time you had an agreement with
somebody to remove the structure?
MS. SANDERS: We did, and we were waiting for the
insurance to cover the payment.
CHAIRMAN KAUFMAN: Okay. Geez. I know somebody
in that business that chases insurance companies, but...
Okay. John, do you have any comments on the case? It's
not --
MR. JOHNSON: No, I do -- I am hoping for a finding of fact,
conclusion of law and order that there is a violation here so that a
June 22, 2023
Page 33
time limit can be set. But they have -- they have had issues. Like I
said, the place is, obviously, not occupied, but it does need to come
down.
CHAIRMAN KAUFMAN: Okay. Can we get a motion from
the Board as to whether a violation exists?
MS. ELROD: I'll make a motion a violation exists.
MR. RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: We have a motion 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And, John, do you have a suggestion for the Board?
MR. JOHNSON: Yes, sir.
Recommendation: That the Code Enforcement Board orders
the respondent to pay all operational -- it's a new system, sorry.
CHAIRMAN KAUFMAN: Your voice or what you're reading?
MR. JOHNSON: Both. So the recommendation from the
county is that the Code Enforcement Board orders the respondent to
pay all operational costs in the amount of $59.21 incurred in the
prosecution of this case within 30 days and abate all violations by,
one, obtaining all required Collier County building permits or
demolition permit, inspections, and certificate of
completion/occupancy for the dangerous structure within blank
number of days of this hearing, or a fine of X dollars per day will be
June 22, 2023
Page 34
imposed until the violation is abated, and, number 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. Sanders, how much
time do you think you need to get everything done?
MS. SANDERS: Well, I'm always hoping for the best, but I
think maybe 120 days would probably allow all this to happen.
CHAIRMAN KAUFMAN: With getting a permit and
whatnot? There's no health and safety on this right now?
MR. JOHNSON: Correct, sir.
CHAIRMAN KAUFMAN: Okay.
MS. SANDERS: We want to get it done as soon as possible.
CHAIRMAN KAUFMAN: No, I understand. I'm not so sure
120 days is enough time to get -- you have to pull the permit, and you
have nobody signed up right now to remove it, and you're arguing
with insurance companies, which is always pleasant.
MR. RUBENSTEIN: I have a question.
CHAIRMAN KAUFMAN: Okay. Lee, you have a question.
MR. RUBENSTEIN: Are you working with a contractor to
apply for the permits needed?
MS. SANDERS: We do -- we've been working with a couple
of them that -- and it's just been hard to find people too.
MR. RUBENSTEIN: Are you presently signed with any
contractor?
MS. SANDERS: My husband was doing this, and I'm not
June 22, 2023
Page 35
really sure if he had somebody.
MR. RUBENSTEIN: Is he a licensed contractor?
MS. SANDERS: Who?
MR. RUBENSTEIN: Your husband.
MS. SANDERS: No.
MR. JOHNSON: If I may --
MS. SANDERS: He was working with a couple.
CHAIRMAN KAUFMAN: John?
MR. JOHNSON: -- to help clarify this. They entered into an
agreement with -- it's called Wreck It Demolitions. They had a
contractor. And, like she said, she just didn't get the financial help to
be able to pay this gentleman. So it is my hope, and I think her
hopes, that she will be able to just reinitiate this contract that expired
on March 14th, not too long ago.
MR. LETOURNEAU: John, I think that due to Hurricane Ian,
the state has extended all permits until July 14th, I believe it is.
MR. JOHNSON: Correct. And we also have that; however,
there was the 30-day dangerous structure thing, so --
MR. LETOURNEAU: No, I agree. But I'm just trying to say
that I believe there's an active issued permit right now. So actually
getting the permit would not be a factor in getting this thing demoed.
It's just, obviously, getting the money and getting the people to do it
at this point.
MR. JOHNSON: Right, right. What he's saying is the county
could not cancel that permit --
MR. LETOURNEAU: Right.
MR. JOHNSON: -- because of the executive order from
Governor DeSantis.
CHAIRMAN KAUFMAN: Okay.
MR. JOHNSON: So it's still, in effect, active even though it
expired.
June 22, 2023
Page 36
MR. FUENTES: Let me ask you, do you have a private
adjuster to help you expedite the process?
MS. SANDERS: We have an attorney that's been helping us,
yes.
MR. FUENTES: That sucks.
CHAIRMAN KAUFMAN: That's a technical term.
MR. RUBENSTEIN: Are the utilities to this structure off, the
electric and water?
MS. SANDERS: The electric's been off, yes. It's been off.
CHAIRMAN KAUFMAN: Okay. Anybody want to take a
shot at filling in the blanks on this one?
MR. RUBENSTEIN: Are we doing the extension of time?
CHAIRMAN KAUFMAN: This is going to be a --
MR. LETOURNEAU: Finding of fact.
CHAIRMAN KAUFMAN: Well, it's not a continuance
because there is no case. So this isn't -- we're granting X amount of
days until they can get this resolved.
MR. RUBENSTEIN: I'll give it a shot.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: Hundred and eighty days and $100 per
day.
CHAIRMAN KAUFMAN: Okay. A second?
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: And we have a second. Okay.
Any questions from the Board?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: (No verbal response.)
June 22, 2023
Page 37
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Okay. One opposed.
You have six months, Mrs. Sanders, to get this resolved with
your insurance company. If you can't, come back to the Board, and
I'm sure we would be glad to help you through this situation, okay?
MS. SANDERS: Thank you.
MS. BUCHILLON: Mr. Kaufman, for the record, they didn't
say the ops cost; 59.21 in 30 days?
CHAIRMAN KAUFMAN: 59.21 in 30 days.
MR. RUBENSTEIN: Yes, excuse me.
CHAIRMAN KAUFMAN: Okay. Thank you very much.
Tell Robert we hope he feels better quickly. Thank you.
MS. SANDERS: Thank you.
MS. BUCHILLON: ***Next case, No. 6, CESD20220008132,
Domenica G. Valdez Soto.
THE COURT REPORTER: Do you swear or affirm you will
translate everything from English into Spanish and Spanish into
English to the best of your ability?
MS. GARCIA: I do.
THE COURT REPORTER: And what's your name?
MS. GARCIA: Maria Garcia.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. JOHNSON: I do.
MS. VALDEZ: Yes, I do.
CHAIRMAN KAUFMAN: Okay. We have two I dos.
You're now married.
Okay. John, the ball is in your court.
June 22, 2023
Page 38
MR. JOHNSON: Thank you. Good morning again. For the
record, John Johnson, Collier County Code Enforcement.
This is in reference to Case No. CESD20220008132 dealing
with a violation of Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a), specifically unpermitted
renovation of a mobile home located at 2620 Holly Avenue, Naples,
Florida 34112, and the folio number is 50891080001.
Service was given on August 29th, 2022, with the notice of
violation posted at the property and courthouse. In addition, the
notice of violation was mailed regular and certified mail to the
respondent.
On August 26th, 2022, Collier County Contractor Licensing
determined that an unpermitted remodel of a mobile home was
occurring at 2620 Holly Avenue. This case was then referred to
Code Enforcement.
Three days later, on August 29th, 2022, the notice of violation
was issued. The scope of work required a remodel building permit
and an electrical permit. The owner has obtained a permit for the
remodel, the building remodel, Permit No. PRFH20220945539,
which expires on June 27th, 2023; however, the separate electrical
permit that they applied for, Permit No. PREL20230102574, remains
rejected and, therefore, the violation remains.
I would now like to present case evidence in the following
exhibits: Seven photos taken by Contractor Licensing Investigator
Michael Governale on August 25th, 2022, and one photo taken by me
on June 21st, 2023, with a screenshot inset from CityView showing
permitting status for this structure.
CHAIRMAN KAUFMAN: Has the respondent seen these
photos and/or documents?
MR. JOHNSON: Yes.
CHAIRMAN KAUFMAN: Do you have -- excuse me. Do
June 22, 2023
Page 39
you have any objection to those being put into evidence?
MS. GARCIA: No, sir.
MS. VALDEZ: No.
CHAIRMAN KAUFMAN: So the answer's no.
MS. GARCIA: Okay.
CHAIRMAN KAUFMAN: Move the microphone so we can
hear you, okay.
Okay. Can I get a motion from the Board to accept the
documents?
MS. ELROD: Motion to accept.
CHAIRMAN KAUFMAN: Accept the photos and documents?
MS. ELROD: Yes, sir.
MR. AYASUN: Second.
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: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. JOHNSON: Okay. This is Holly Avenue up at the south
end of Bayshore, and these pictures, as shown, were taken by
Contractor Licensing Investigator Michael Governale. So there was
some obvious renovations to this mobile home. And they did
require a permit for this. And I believe their plan is to extend the
permit, because it does expire in a few days, although it won't
June 22, 2023
Page 40
actually expire, thanks to Mr. DeSantis, for a little while. And then,
of course, a stop work order was placed. That was prior to the -- to
them obtaining the permit. And, of course, now they have done a lot
of that work, although I don't know the exact extent of the building
permit work that has been done.
And this is my picture from yesterday. The inset there shows
that the electrical permit still shows a status of rejection. In the
corrections letter for this electrical permit, there's really only one line.
There's only one correction line in there, which states, in summary,
they -- the person applying for this needs to supply one line drawing
of the service wire conduit and breaker or fuse sizes per Florida
Building Code 107.3.5. So there's not a lot of work to do on that
electrical permit, but it's still not been approved. It's got to get
approved.
CHAIRMAN KAUFMAN: What you have highlighted there,
would that probably be enough to get the permit approved?
MR. JOHNSON: Yes. That's the only correction on the
correction letter. It's just one line item. And, really, if I go back to
this picture, just so you can see it, I think they're concerned about the
electrical box being here rather than typically on an exterior wall.
I'm not 100 percent sure, but it has something to do with this box.
So, you know, that's going to have to be rerun, but, you know, you
need an --
CHAIRMAN KAUFMAN: Electrician.
MR. JOHNSON: -- electrician to do that. So that's the last
issue for this.
CHAIRMAN KAUFMAN: Okay. That's it?
MR. JOHNSON: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Could you state your name
for us on the microphone, please.
MS. GARCIA: Maria Garcia.
June 22, 2023
Page 41
CHAIRMAN KAUFMAN: Maria. And you are interpreting
for Maria?
MS. GARCIA: Domenica Valdez.
CHAIRMAN KAUFMAN: Okay. You understand what John
has said regarding that permit and that line that needs to be done?
MS. GARCIA: Yes, sir.
CHAIRMAN KAUFMAN: Do you have a licensed electrician
that's doing the work?
MS. GARCIA: No. So she has to -- he explained to us that
she has to get an electrician to pull that permit and file, like he said,
for the wires. And so she wanted to request an extension so she
could do that.
CHAIRMAN KAUFMAN: Okay. Well, we haven't found
anybody guilty yet, so we have to do that first. So why don't we go
from there.
MS. ELROD: I'll make a motion that a violation exists.
CHAIRMAN KAUFMAN: Okay. We have a motion.
MR. AYASUN: 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Now, we're back to where we were two minutes ago.
So do you have an electrician that's working on this project?
MS. GARCIA: So, yes, she does. She said they filed the
June 22, 2023
Page 42
permit, but I think they were rejected.
CHAIRMAN KAUFMAN: Correct. And they're rejected
because of what John showed you. They have to show a picture of
how the wire goes in, or whatever it is.
MS. GARCIA: Yes, sir.
CHAIRMAN KAUFMAN: The electrician, if he's a licensed
electrician, should know what to do. Okay?
MS. GARCIA: Okay.
MS. VALDEZ: Okay.
CHAIRMAN KAUFMAN: So you need sufficient time -- and
John will explain that to us -- sufficient time to get the electrician to
submit the correction on the building permit and then complete the
work.
MS. GARCIA: Yes, sir.
CHAIRMAN KAUFMAN: Okay. And do you have any idea
how long it will take to do that?
MS. GARCIA: She was requesting 120 days.
CHAIRMAN KAUFMAN: That's four months, okay.
All right. John, do you have a suggestion for us.
MR. JOHNSON: Yes. And just for the record, I've also
suggested that they get that building permit extended. It's going to
expire in a few days. Probably they won't CO the building until the
electric's done.
Jeff, am I right on that, typically?
MR. LETOURNEAU: Probably, yes.
MR. JOHNSON: Okay. So I've requested that, too, but it's not
part of my recommendation. My recommendation is that the --
MR. LETOURNEAU: John, put it up on the screen, please.
MR. JOHN: Oh, I'm going to put it up on the screen first.
MR. FUENTES: It's a new system.
CHAIRMAN KAUFMAN: You have to stay after school and
June 22, 2023
Page 43
bang the erasers.
MR. LETOURNEAU: Hold on.
MR. JOHNSON: I'll get it. I'll get it. This is my first day.
CHAIRMAN KAUFMAN: That's what I told my wife when
we first got married.
MR. RUBENSTEIN: Mr. Chairman, while he's looking for
that, I have a -- while he's looking for that, I have a question for --
CHAIRMAN KAUFMAN: Sure.
MR. RUBENSTEIN: Is anybody working on this structure as
of today?
MS. VALDEZ: No.
MS. GARCIA: No.
MR. RUBENSTEIN: Okay.
CHAIRMAN KAUFMAN: Okay, John.
MR. JOHNSON: Okay. The recommendation is that the Code
Enforcement Board orders the respondent to pay all operational costs
in the amount of $59.28 incurred in the prosecution of this case
within 30 days and abate all violations by:
One, obtaining all required Collier County building permits or
demolition permit, inspections, and certificate of
completion/occupancy for the mobile home renovations within X
number of days of this hearing, or a fine of X dollars per day will be
imposed until the violation is abated;
Number 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.
June 22, 2023
Page 44
CHAIRMAN KAUFMAN: Okay. So you think with 120
days you will be able to get everything done?
MS. GARCIA: She believes so.
CHAIRMAN KAUFMAN: Okay. Anybody want to take a
shot at filling in the blanks?
MR. RUBENSTEIN: Yeah, I would like to.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: Hundred and twenty days and $25 per
day.
MS. ELROD: Second.
CHAIRMAN KAUFMAN: Okay. And the 59 --
MR. RUBENSTEIN: 59.28.
CHAIRMAN KAUFMAN: -- be paid within 30 days?
MS. ELROD: Second.
CHAIRMAN KAUFMAN: Okay. Let me be sure we've got
everything. 59.28 paid within 30 days --
MR. RUBENSTEIN: Yeah.
CHAIRMAN KAUFMAN: -- $25, and 120 days.
Okay. We have a motion, and we have a second.
MR. AYASUN: 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. You have four months to get everything done. Start
June 22, 2023
Page 45
working.
MS. GARCIA: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MR. FUENTES: Lee, you're in a good mood today. $25.
MR. RUBENSTEIN: The structure's not worth 500.
MR. WHITE: He's actually applying the new direction or
suggestion of direction and guidance from the last month.
MR. FUENTES: He's that way.
MR. WHITE: The point being that if you start to accrue the
fines, you don't end up in a place that is so astronomical that actually
having to mitigate them or reduce them is seen as unreasonable.
MR. RUBENSTEIN: Yeah. The subject property doesn't have
a lot of value from the pictures.
MR. WHITE: Exactly.
MR. RUBENSTEIN: So if 120 days goes by at $25 a day, it's
about the value of the property.
MR. FUENTES: This is Naples, though. That property could
be $300,000 easily.
MR. RUBENSTEIN: Are we on break yet?
CHAIRMAN KAUFMAN: No. In about -- at 10:30 you can
have your break.
MS. BUCHILLON: Next case.
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: ***We're still under hearings. Number
13, CESD20230001825, Marta Alonzo, Salvador Huex Alonzo, and
Edna E. Castaño.
CHAIRMAN KAUFMAN: Let me just drop back. Case 10,
did we skip over that or --
MS. BUCHILLON: They're not present.
CHAIRMAN KAUFMAN: Okay. This is 13.
We took the county person outside. Oh, there he is. John.
June 22, 2023
Page 46
We give him a break. He has a new hip.
MR. JOHNSON: Two.
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. ALONZO: I do.
MS. ALONZO: I do.
MR. JOHNSON: I do.
CHAIRMAN KAUFMAN: Okay. Could you give us your
names on the microphone, please.
MR. ALONZO: My name is Salvador Alonzo, and this is my
mom, Marta Alonzo.
CHAIRMAN KAUFMAN: Okay. Thank you. John?
MR. JOHNSON: Good morning, again. For the record,
Investigator John Johnson, Collier County Code Enforcement.
This is in reference to Case No. CESD20230001825 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 unpermitted modifications made to a mobile home
located at 3131 Tamiami Trail East, Lot No. 52, Naples, Florida
34112.
Service of the notice of violation was given on March 6th, 2023.
The notice of violation was posted at the property and the
courthouse and was mailed regular mail and certified mail to the
respondent.
On March 2nd, 2023, we received a complaint about work being
done on a mobile home without any permits.
On March 6th of 2023, Collier County Chief Inspector Myron
Jacobs determined that a violation exists for unpermitted
modifications to this mobile home, and the notice of violation was
served.
June 22, 2023
Page 47
On the following week, I met with the mobile home owner,
Marta, at Growth Management, along with Administrator Supervisor
Lazara Chavez, providing translation assistance. We explained the
issues to Ms. Alonzo and her options to correct the violation.
To date, there's been no permitting activities and, as such, the
violation remains.
I would now like to present case evidence in the following
exhibits. Property information and aerial from Collier County
Property Appraiser, five photos taken by me on February 23rd, 2023,
and two photos taken by me on June 21st, 2023.
CHAIRMAN KAUFMAN: Has the respondent seen the
photos?
MR. JOHNSON: Yes, sir.
CHAIRMAN KAUFMAN: Do you have any objection to him
introducing these photos as evidence from the county?
MR. ALONZO: No.
CHAIRMAN KAUFMAN: Okay. Could I get a motion from
the Board to accept the photos?
MR. FUENTES: Motion to accept the photos.
MS. ELROD: Second.
CHAIRMAN KAUFMAN: And seconded. All those in
favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
June 22, 2023
Page 48
Okay.
MR. JOHNSON: Okay. We start with property appraiser
information. This is the Palm Lake Mobile Home Court. It's just
off of 41. Again, kind of near the Bayshore area, which is my area,
and it's this Unit 52 where you see the red star.
So hang on. This is where it gets not good. Oh, here we go.
And so these are photos that I took February 23rd. This blue fence is
not their fence, okay. It's this building here, you know, behind the
truck.
So what has happened here on this -- on this mobile
home -- sorry to go so fast. What has happened on this mobile home
is the mobile home was wrapped in walls and a roof. Walls were
built around it, and a roof was built above it without permits.
And as you will hear from the respondents, this is the way they
purchased it. But I told them, of course -- and they understand
they're responsible. You can see -- and the tongue of the single-wide
mobile home is there, and the thing's totally been wrapped.
That was a warning notice. I asked to have them contact me.
And then I went out there yesterday just to confirm that
everything -- nothing has changed, and it has not.
So that's it.
CHAIRMAN KAUFMAN: So they turned a mobile home into
a house --
MR. JOHNSON: Well...
CHAIRMAN KAUFMAN: -- in essence?
MR. JOHNSON: In essence, sir, yes.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. ALONZO: My mom bought the trailer exactly like that,
and we buy it from the previous owner. Then, when we trying to go
in, you know, to check how everything is inside, the community put a
lock -- put the lock on the door, and they make us pay 16,000 to
June 22, 2023
Page 49
possess the trailer. So we pay 16,000 for the community.
And we in the process to get it to -- you know, to get it
fixed -- to get it fixed and do it right, but now the community have,
like, eviction to us. So we in the middle of -- we in the eviction, and
we hire a lawyer. We hire a lawyer and, you know, we in the
process to see what's going on with the trailer.
So we can't do nothing about it because we are in the middle of
something to -- I don't know if we're going to -- we're going to stay in
the community or maybe they kick you out. I don't know. But we
already invest a lot of money in the trailer, and we don't know for
sure if they let us to stay in the park or not.
So we like to have more time to see what is going to happen
with the trailer. My mom, she bought the trailer. She don't know
that much about getting permits and all this stuff.
And then I get involved because the park tell to my mom she not
allowed to buy the trailer, so that's why I get in the middle of this.
So that's why we're in this situation.
And I know -- and we got it -- we know we've got to fix it and
we've got to make it -- you know, we want to follow the rules, but we
want to wait -- what's going to happen with the park.
CHAIRMAN KAUFMAN: The park has notified you that for
some reason that's a problem?
MR. ALONZO: After my mom bought the trailer, the park
notified my mom, you know, the trailer has some issue with the
previous owners. And they say, when we bought the trailer, we buy
the problem.
But when my mom called to the -- you know, to the manager to
ask if they have some information, before she buy it, they say they
don't want to talk about it, and they don't want to answer any
questions.
So when my mom buy the trailer, they say, oh, the trailer has
June 22, 2023
Page 50
issues. Why you buy it?
So -- and they made us to pay 16,000 and sign one agreement.
And when we signed it, they don't -- they don't mention any
correction to us. They don't say, okay, you got to do this correction.
The only issue they mentioned to us is get the license for the
electrical, because the trailer doesn't have electric.
So we hired somebody with electric to take down the power.
We did it. And still, they say, well, now you hired somebody to do it
inside too.
So we're in the middle of this. So that's why -- and they say,
because we do it like -- we bought the trailer, I think, two years
ago -- two years -- I think it's two years ago. And they say it's time
to finish it. You know, you don't have more time.
So my mom is starting to have some issues with some neighbor,
and I think the neighbor is the -- is the manager in the park -- the
manager in the park, so that's why she called. The other manager
lives in Miami, and now that's -- that's why the eviction start.
So we have -- we have so much issues, and --
CHAIRMAN KAUFMAN: You said you hired an attorney?
MR. ALONZO: Yes, sir.
CHAIRMAN KAUFMAN: What's the attorney doing?
MR. ALONZO: He's doing, like -- he's doing, like -- he's
working in, like -- trying to see if they let us to stay in the park, you
know, fight with the other lawyers, you know, with the park -- park
lawyers. So that's why -- that's his job.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: I have a question.
CHAIRMAN KAUFMAN: First thing -- complications. The
property that you bought was in violation, I assume, with the county
to begin with. I'm not sure -- is that correct? There was no building
permit issued for the enclosure, however they closed the trailer in.
June 22, 2023
Page 51
MR. JOHNSON: Mr. Kaufman?
CHAIRMAN KAUFMAN: Yes.
MR. JOHNSON: We did not have a case on that. Okay. The
case -- I got this complaint -- I have to look back in my testimony.
But I got this complaint from the park manager -- the mobile home
park manager not too long ago -- received a complaint on March 2nd,
2023. So we didn't have a previous case on this prior to March 2nd
of this year.
CHAIRMAN KAUFMAN: Okay. Well, whether you have a
case on it or not, I don't know -- you can't build what was built there
without a building permit.
MR. JOHNSON: Correct.
CHAIRMAN KAUFMAN: Okay. So he's in -- and his mom,
they're caught between a rock and a hard place. You can't do any
work on that. The people want him thrown out of the park. The
$16,000 that you paid, was that for the property that the trailer sits
on?
MR. ALONZO: No, it was for the -- supposedly for the
previous issues the other owner has, like electrical issues.
MR. JOHNSON: The county was not involved in that.
CHAIRMAN KAUFMAN: No, obviously.
Yes. Lee, go ahead.
MR. RUBENSTEIN: Yeah. John, does the county allow a
reroof over a roof existing? I thought it was they had to remove and
replace, not replace over the bad roof.
MR. JOHNSON: Right. Well, I'm not a building inspector or
permitting genius, but I don't think that's allowed, but it would be --
(Simultaneous crosstalk.)
MR. RUBENSTEIN: So there's no -- I mean, they're not going
to issue a permit for something that's not allowed. Jeff?
(Simultaneous crosstalk.)
June 22, 2023
Page 52
MR. JOHNSON: I strongly doubt they will.
MR. LETOURNEAU: Yeah. Like I said, I'm in the same boat
as John, I'm not a building official, but I would say that in the state
that it's in now, it would have to be modified for a permit to be issued
and CO'ed. I don't think they're going to allow two roofs, obviously.
MR. RUBENSTEIN: I have a question for you.
MR. ALONZO: Yes, sir.
MR. RUBENSTEIN: When your mother bought the unit, did
she have to fill out paperwork for the homeowners association, and
did the seller have to sign whether there were any existing violations
with the property?
MR. ALONZO: When you buy the trailer, you just come to the
court and, you know, change the title, and then -- when she bought
the trailer, she do that. And then when we pay the 16,000, yeah, the
community made to sign some agreement. But in the agreement,
they don't -- they don't say anything about change some structures,
you know. They don't say anything like that.
MR. RUBENSTEIN: Was your mother represented when she
bought it by a real estate agent or attorney?
MR. ALONZO: No, no.
MR. RUBENSTEIN: She just brought it directly from --
MR. ALONZO: Yeah, directly with the owner.
CHAIRMAN KAUFMAN: Okay. Let me start out with, does
a violation exist? And then we can talk about some of the remedies.
Anybody want to make a motion?
MR. RUBENSTEIN: I make a motion that a violation exists.
CHAIRMAN KAUFMAN: Okay. And do we have a second?
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
MS. ELROD: Aye.
MR. RUBENSTEIN: Aye.
June 22, 2023
Page 53
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Now, I think the only way you're
going to resolve this -- hopefully the Board will give you sufficient
time to get working on it. But the attorney that you have is the one
who's going to have to unscramble this egg. There are so many
issues that are involved here. And you already have an attorney.
MR. ALONZO: Yes, sir.
CHAIRMAN KAUFMAN: So he knows what has to be done
to have the mobile park owner show that you are in compliance or
not and whatever needs to be done to come into compliance.
We at the Board can't do that. We can't act as your attorney.
But you did the first step that really is necessary by getting ahold of
an attorney. Unfortunately, you should have got the attorney before
you bought it, but that's hindsight.
MR. ALONZO: Yeah.
CHAIRMAN KAUFMAN: And, you know, if we knew the
answer to that, we'd all be very wealthy.
Any comments from the Board on what I'm driving at?
MR. FUENTES: Make sure you get a good attorney.
CHAIRMAN KAUFMAN: Yes.
MR. FUENTES: I think they played you, and if you go for
something that's, like, Morgan & Morgan, chances are it's not going
to work out in your favor, so make sure you hire somebody reputable.
MR. ALONZO: Thank you.
CHAIRMAN KAUFMAN: Okay. Now, how much time do
we think it's going to take to get this resolved? Tarik.
June 22, 2023
Page 54
MR. AYASUN: I mean, the time we give doesn't move the
people to evict him.
CHAIRMAN KAUFMAN: No.
MR. AYASUN: So that they should know. We can give you a
year to do this, but the eviction is another case. It has nothing to do
with this.
CHAIRMAN KAUFMAN: He has the attorney -- the attorney,
that's his bailiwick, not ours.
MR. FUENTES: I think we should give time. I think that
they're in -- they're in a tight spot, and it's really not their fault.
MR. AYASUN: Nope.
MR. FUENTES: They just bought something that,
unfortunately, they were deceived purchasing.
MS. ELROD: It sounds like the manager wanted the lot.
MR. FUENTES: It still sounds like the manager wants the lot.
MR. ALONZO: Well, I can make a comment. She take some
people out, and she say the same thing with the other people. Like,
you know, I take out because you make some additions. And then
when the people leave, she sell the trailer, and she don't make that
adjustment. She don't make the adjustment. She sell the trailer
exactly like that.
CHAIRMAN KAUFMAN: She's using Code Enforcement to
be her policemen, if you will.
MR. AYASUN: Yeah.
CHAIRMAN KAUFMAN: Okay. So we need your
suggestion to begin with, John, and then we'll fill in the blanks.
MR. JOHNSON: Okay. The recommendation is that the Code
Enforcement Board orders the respondent to pay all operational costs
in the amount of $59.28 incurred in the prosecution of this case
within 30 days, and abate all violations by:
Number 1, obtaining all required Collier County building
June 22, 2023
Page 55
permits or demolition permit, inspections, and certificate of
completion/occupancy for the unpermitted modification to the mobile
home and storage area 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 a
final inspection to confirm abatement. If the respondent fails to
abate the violation, the county may abate the violation using any
method to bring the violation into compliance and may use the
assistance of the Collier County Sheriff's Office to enforce the
provisions of this order, and all costs of abatement shall be assessed
to the property owner.
CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the
blanks?
(No response.)
CHAIRMAN KAUFMAN: If not, I'll be glad to. A hundred
and eighty days, $100-a-day fine, which means you get six months to
have your attorney do whatever needs to be done. If it's not done in
six months, you come back to the Board, and if we need to provide
additional time, I'm sure the Board would certainly like to hear what
you have to say.
Any comments from the Board? First of all, is there a second
on my motion?
MR. AYASUN: There wasn't one, okay. I think he has
something to say.
MR. FUENTES: Yeah. I would prefer to see it at $25 per day.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: Since Lee has, you know -- and day-wise, I'd
like to perhaps consider giving them at least a year.
MR. RUBENSTEIN: Yeah.
June 22, 2023
Page 56
MR. FUENTES: This is --
CHAIRMAN KAUFMAN: I have no problem with modifying
my motion to that effect: 360 days, $25-a-day fine after that, 59.28
paid within 30 days.
MR. RUBENSTEIN: I'll second that.
MR. AYASUN: Second.
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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You have a year.
MR. ALONZO: Thank you. Thank you so much.
CHAIRMAN KAUFMAN: Get your attorney. If this attorney
is not taking care of it, get another attorney; whatever it takes to get it
done. Next time you buy something, get the attorney first.
MR. ALONZO: Yeah, I tell her already that.
CHAIRMAN KAUFMAN: Okay -- or a realtor. Just --
MR. RUBENSTEIN: There's so many questions on this.
CHAIRMAN KAUFMAN: Yes, there is, and we're not in a
position to resolve those problems.
MR. RUBENSTEIN: I mean, there's such a violation of
disclosure from the seller. The HOA -- I mean, the vitalization had
to exist for a long time.
June 22, 2023
Page 57
CHAIRMAN KAUFMAN: I'll be glad to handle a case.
Okay. Thank you very much.
MS. ALONZO: Thank you.
CHAIRMAN KAUFMAN: And good luck to both of you.
Okay. We are going to take a -- be back here about a quarter
of; 15-minute break.
(A brief recess was had from 10:31 a.m. to 10:47 a.m.)
CHAIRMAN KAUFMAN: I'd like to call the Code
Enforcement Board back to order.
I think we finished all the cases. We're now up on the
impositions.
MS. BUCHILLON: ***Yes, sir. Number 1,
CESD20210012154, 4630 Golf Stream Drive, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. PULSE: I do.
MR. LATINO: I do.
MR. BECKWITH: I do.
CHAIRMAN KAUFMAN: Okay. Dee, you want to read this
into the record for us?
MS. PULSE: For the record, Dee Pulse, Collier County Code
Enforcement.
Past orders: On July 28th, 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,
OR6165, Page 3456, for more information.
On November 18th, 2022, the Code Enforcement Board granted
a continuance. See attached order of the Board in documents and
images for more information.
June 22, 2023
Page 58
On April 27th, 2023, the Code Enforcement Board granted a
continuance. See the attached order of the Board in documents and
images for more information.
The violation has not been abated as of June 22nd, 2023.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for a period from March 19th, 2023, to
June 22nd, 2023, 96 days, for a total amount of $9,600.
Fines continue to accrue.
Previously assessed operational costs of $59.28 have been paid.
Operational costs for today's hearing: $59.77.
Total amount: $9,659.77.
CHAIRMAN KAUFMAN: Okay. Could you both identify
yourself on the microphone for us, please.
MR. LATINO: Sure. I'm Mike Latino, one of the owners of
the building.
CHAIRMAN KAUFMAN: Okay.
MR. BECKWITH: Bill Beckwith, owner of Bill Beckwith
Construction, LLC.
CHAIRMAN KAUFMAN: Okay. I see that the violation has
not been abated; am I correct?
MR. LATINO: We're trying our best, but no.
CHAIRMAN KAUFMAN: Okay. And the reason that it has
not been abated?
MR. LATINO: We were originally told that -- pull a demo
permit. This is all prior to our purchase, and we inherited it when
we purchased the property. We were told, pull a demo permit and
get it closed out. That's how simple we were told that it is to resolve
this issue. We've tried to do that.
CHAIRMAN KAUFMAN: You were told that by whom?
MR. LATINO: I've been to the county building, the
building -- county building --
June 22, 2023
Page 59
CHAIRMAN KAUFMAN: Horseshoe?
MR. LATINO: -- tree times on Horseshoe. I talked to Renald.
I've talked to a couple other people. My builder was with me the last
time. And for some reason, they make it sound like all I need to do
is pull a demo permit and get it closed out.
We've tried to do that, and now it's in review in rejection, but my
confusion is, is if there's something that simple -- you know, we still
don't really know what the issue was with the stop work order.
MR. BECKWITH: What was the original violation? It was
demo being done without a permit?
MS. PULSE: Yes.
MR. BECKWITH: So I came on recently to try to assist these
guys. And I came in and -- basically, it's an old restaurant. It's
already been demoed. When the transfer came from them -- from
the old owner to them, there was a fire, so they came in to fix that
piece of it.
There's nothing really to demo. It's already been demoed.
There's no work to be done. What I assume is what happened,
when -- the past people, when they were doing that work, that's when
the code violation came up.
Now, since then, I've come up with him. And they did have
plans drawn, and I think he did go in, through permits, to build a
restaurant there.
And I walked through with them and started looking around.
And this was probably three months ago, so post Ian. I said, have
you been in touch with FEMA on this?
And they're like, no.
I said, are you in a floodplain?
He said, yes.
Well, through my construction knowledge that I'm doing right
now -- and I know way -- much more than I need to because of Ian.
June 22, 2023
Page 60
You're not going to be able to rebuild here. You're going to have to
raise it and lift it up. So at that point, they decided to totally just
stop the process.
They bought a building, for whatever reason it didn't come into
compliance, but the noncompliance is demo. The demo's already
done. So there's nothing to be done.
MR. LATINO: There's nothing that's gone into that building.
MR. BECKWITH: There were some leftover things that were
on the ground that they took out, but nothing's been -- and I went in
there. There's nothing to do at this point.
So at that point they decided to sell it. They've found a buyer
that's coming up, but they're not going to be able to close on it
because of this outstanding issue.
So I came into the picture, pulled a depo permit, a very simple
one because there's really nothing to demo, and it's gone through, and
it's starting to get rejected and --
CHAIRMAN KAUFMAN: When did you -- when did you pull
a permit?
MR. BECKWITH: I tried to -- I'm in permitting now.
Probably -- you have the dates, but probably --
MS. PULSE: April 27th.
MR. BECKWITH: April 27th. And I haven't gotten the full
correction letter yet back. But I looked into the computer, and we
passed a few things, but Fire wants full prints for the restaurant.
Structural's looking for, you know, mechanical drawings and all this.
There's no restaurant going in there. There's no demo to be done.
My thought process in what he was told was, I pull a demo
permit. I call them in. They come look. There's nothing to demo.
Pass. That should clear this violation.
So this has been going on for a while, and now he's up to $9,000
in fines. I don't think it's any fault to you. You just didn't know
June 22, 2023
Page 61
where to go.
So I don't have any skin in the game. I'm just trying to help him
close this out because it's one of those rock-and-a-hard-place things.
CHAIRMAN KAUFMAN: So you've had rejections on the
demo permit when they did the inspections?
MR. BECKWITH: I haven't had any inspections yet. I
applied for the demo permit in April. It has not been issued yet.
Part of that, to get to where it -- issues -- they've rejected -- they want
more prints, but there's nothing really to draw prints on.
So I haven't gotten the full -- it goes through each department,
and then they'll send you a rejection notice. They're still in that
process, but I was able to look in the computer and see ahead of time
what some of the comments are.
We passed the plumbing; we passed the electric; we passed a
few other things. But I don't even know what they're looking at.
CHAIRMAN KAUFMAN: I don't understand.
MR. BECKWITH: This shouldn't even be an issue. This
should just -- if you have the power to make it go away, that's
probably where it should be at this point, and even pay the $9,000,
you know. It's --
MR. WHITE: No.
CHAIRMAN KAUFMAN: That won't help you because it's
still in violation.
Jeff, do you have any comment on this? I know you're resting
over there.
MR. LETOURNEAU: I just -- I don't really know exactly what
is going on in this building. I'd like to maybe withdraw this at this
point and take a better look at this and see where we're at maybe next
month, if that's okay with the Board.
CHAIRMAN KAUFMAN: I think that would be great.
MR. FUENTES: A very wise decision.
June 22, 2023
Page 62
CHAIRMAN KAUFMAN: If you told me you want to demo
this and ripped it up and threw it in the garbage can, wouldn't that be
demoed? What do you need information on plumbing --
MR. BECKWITH: That's our --
CHAIRMAN KAUFMAN: -- if they removed the plumbing?
MR. BECKWITH: That's what we've been going through.
MR. LETOURNEAU: Yeah. I think that we need to set up a
meeting with the representative of the Building Department and Dee
and you folks here and then get this thing straightened out and taken
care of.
MR. LATINO: That would be great.
MR. BECKWITH: Fantastic.
MR. LATINO: The sooner the better because I --
MR. LETOURNEAU: Do you have a card that you can give
me?
MR. BECKWITH: Is there a way to -- I'm speaking on your
behalf now. I'm not even an attorney.
MR. LATINO: Go ahead.
MR. BECKWITH: Is there a way to stop his fines while we do
this part? He's paying $100 a day.
MR. LETOURNEAU: Well, we're withdrawing it. The
county's withdrawing the imposition right now. The fines are going
to continue to run. I think that if we get this thing straightened out
quickly, the Board, hopefully, would look favorably on that at this
point. I can't speak for them, though.
CHAIRMAN KAUFMAN: Okay. Can we get a motion from
the Board to amend the agenda showing it's being withdrawn?
MS. ELROD: I'll make a motion to amend the agenda.
CHAIRMAN KAUFMAN: Okay. And second?
MR. FUENTES: Second.
MR. RUBENSTEIN: Second.
June 22, 2023
Page 63
CHAIRMAN KAUFMAN: 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. LATINO: Thank you.
MR. BECKWITH: Thank you.
CHAIRMAN KAUFMAN: Patrick, you happy with that --
MR. WHITE: Perfect.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: ***Next case, No. 3, CESD20220001443,
Michael Z. and Svetlana V. Peck.
MR. AYASUN: I think we remember this.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COLLIER: I do.
MR. PECK: I do.
CHAIRMAN KAUFMAN: Well, good morning again again.
Do you want to read this into the record for us?
MR. COLLIER: Sure do. For the record, Adam Collier,
Collier County Code Enforcement.
Past orders: On July 28, 2022, the Code Enforcement Board
issued a finding of fact, conclusion of law and order. The
respondent was found in violation of referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
June 22, 2023
Page 64
OR6165, Page 3468, for more information.
The violation has been abated as of April 24th, 2023.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for a period from November 26th, 2022, to
April 24th, 2023, 150 days, for a total fine amount of $15,000.
Previously assessed operational costs of 59.28 have been paid,
operational costs for today's hearing of 59.42, coming to a total
amount of 15,059.42.
The violation is non-health/safety/welfare.
Actions taken by the respondent, to my knowledge, are the
respondent maintained good communication with me, the
investigator, while working with multiple contractors to abate the
violation. There's no relevant violation history, and no additional
relevant factors to present.
CHAIRMAN KAUFMAN: Okay. Good morning, or almost
afternoon.
MR. PECK: Good morning.
CHAIRMAN KAUFMAN: This started, I guess, about a year
ago, close to a year ago.
MR. PECK: Yes, sir.
CHAIRMAN KAUFMAN: Is there any reason in particular
why it's taken so long to --
MR. PECK: It was -- it was -- we bought this property in 2021,
and we moved here immediately. We -- the property wasn't in the
best of shapes. Some people call it -- it looked like a trailer park.
And we started to renovate and everything. We were doing
landscape. We were doing -- a pool was the biggest part of it, and
we didn't touch it at first, and then we decided we have to either fill it
out with dirt, or we have to fix it so people can use it.
It's a rental property that we're hoping we were -- you know, the
idea was that we will have something for our retirement.
June 22, 2023
Page 65
And it's a four-plex, four units. And at that time there were two
ladies living there, and they wanted to use the pool, and we decided
that we were going to fix it. And we inspected everything. And
there was some cracks in the walls. And we went [sic] a few
contractors. All of them -- some of them didn't want to touch it.
Some of them said, yeah, we can fix it. There's new technology.
We'll put something in the crack, and then it will -- and we found one
guy that sounded really good, very well spoken, very -- you know,
nice guy overall. And we signed contract with him. And,
according to contract, he had license number on his -- on the contract,
and he had stipulation that he'll take care of all the permits.
And, you know, he started working, and it's been, you know,
several weeks. And then I'll come into the property, and I'm seeing
violation notice.
And at that point -- and I realize I should have done my
homework before that. But at that point I started looking online, and
I'm realizing not only there was no permits, but the license wasn't his
license. It was a company that he used to work for some time ago.
And when I called him -- when I called him, they said he's no longer
with us. We didn't allow him to use our number. It was Celebrity
Pools.
And we started looking for a different contractor at that point.
People -- I even asked the Celebrity Pools if they can help me. They
did come, and they did take a look, but they're -- pretty much
every -- almost everybody's position was, we don't want to touch
anybody else's work. We have to redo and start from the beginning.
So I spent -- I spent $16,000 that I already paid that guy, so all
that had to be destroyed and start from all over. And what initially
was -- what I was planning to spend around 20 grand turned out to be
around 70-, not including -- not including what I paid him.
But I finally found a company -- and I have pages of texts with
June 22, 2023
Page 66
different contractors that I was communicating, and I was asking my
real estate agent. She gave me a contact, and I talked to him, and he
came in, and he checked it. He didn't want to touch it.
My attorney recommended that -- and he gave me the phone
number and name of somebody in -- it's a pretty big company here.
It's -- I have it here. I cannot find it.
CHAIRMAN KAUFMAN: It doesn't matter.
MR. PECK: And they came, they looked. They never
returned my call after that. I kept calling, kept calling. I finally
found a good company, and they fixed everything. And the
agreement was, I counting -- I was counting those 120 days, and I
told them, can you guys do it by the middle of November?
And he said, oh, we will do it by the -- but we'll finish. We'll
be done the first week of November. And they finished. There was
constant delays. And it was like -- they're good people, but they
have got so much work and they're so busy that they will show
up -- the crew would come in and will do their part, and then nobody
would show up for three weeks. And then another crew would come
and do next -- next thing.
And then they would discover that something has to be done
with electricity, and they would say, well, it wasn't part of the pool.
It wasn't part of the agreement. But here is another -- here's another
five grand that you need to spend, and that needs to be done, and I
would say, yeah, let's do it. Let's wrap this up.
And, oh, well, we don't have an electrician. We use another
company, and the 'nother company would take another few weeks to
come. And then when they come and they -- when they come and
they do their work, and then inspector would come in and said, well,
you've done everything okay, but here is one more thing that you
need to do. It will take another two weeks for them to show up.
And everything -- and after everything was done with Miromar
June 22, 2023
Page 67
Pools -- that's the last company. And, again, I have no complaints,
their quality. They did a great job, but there was constant delays.
So even after everything was done, it took me several weeks to
get them to close to -- to close the permit.
And so I don't know what else to say.
CHAIRMAN KAUFMAN: Okay. Anyone comments or
questions from the Board?
(No response.)
CHAIRMAN KAUFMAN: Do you have any motion you'd like
to make?
MS. ELROD: I'd like to make a motion to deny the county the
imposition of fines except for the hard costs of 59.42.
CHAIRMAN KAUFMAN: Okay. We have a motion. Any
second?
MR. WHITE: Point of order. And my understanding, unless I
missed it, the 59.28, not paid?
CHAIRMAN KAUFMAN: 59.42.
MS. ELROD: Has been paid.
MR. AYASUN: It says "paid" up there.
MS. ELROD: It's not on your paper, but it's on the Board.
MR. WHITE: Got it. Thank you. Old data.
MR. FUENTES: It's the new system.
MS. BUCHILLON: It was paid this morning, that's why.
MR. RUBENSTEIN: Okay.
MR. AYASUN: Okay.
CHAIRMAN KAUFMAN: Okay. Motion fails for lack of a
second. Anybody else like to make a motion?
John.
MR. FUENTES: I would like to make a motion that today's
operational costs of 59.42 do get paid within 30 days and that the
county reduces their fines to $500.
June 22, 2023
Page 68
MR. AYASUN: I'll second that.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. All those in favor?
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. YORK: Aye.
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Nay?
MS. ELROD: Nay.
CHAIRMAN KAUFMAN: Two nays.
MR. AYASUN: Three ayes.
CHAIRMAN KAUFMAN: Three ayes.
MR. FUENTES: He said "aye."
CHAIRMAN KAUFMAN: Okay. Four ayes. Okay. It
passes. So instead of being 15,000, it's really 500.
MR. PECK: I appreciate that.
CHAIRMAN KAUFMAN: Okay. Thank you.
MR. KLATZKOW: And that would also be paid within 30
days.
MR. PECK: I understand.
CHAIRMAN KAUFMAN: Yes.
MR. PECK: I'll go there and pay it now.
CHAIRMAN KAUFMAN: Okay. Just take a check, write it,
stick it in the side of my car.
MR. WHITE: The order won't be out for a week, but if you pay
it, you'll have the receipt.
MR. PECK: Thank you.
MR. AYASUN: I was going to do 15.
CHAIRMAN KAUFMAN: Yeah.
Okay. Joe is chomping at the bit there, probably, coming up
June 22, 2023
Page 69
next.
Okay, Helen.
MS. BUCHILLON: ***Next case, No. 4, CESD20200013730,
Peggy L. Mills.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MUCHA: I do.
MR. JOHNS: I do.
MS. MILLS: I do.
CHAIRMAN KAUFMAN: Joe, do you want to read this into
the record for us?
MR. MUCHA: Yes, sir.
For the record, Supervisor Joe Mucha, Collier County Code
Enforcement.
Past orders: On February 24th 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,
OR6102, Page 1046, for more information.
On August 25th of 2022, the Code Enforcement Board granted a
continuance. See the attached order of the Board in documents and
images for more information.
The violation has been abated as of May 2nd of 2023. I'll bring
it down a little bit.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for the period from May 26th of 2022 through
May 2nd of 2023, for 342 days, for a total fine $34,200.
Previously assessed operational costs of $59.28 have been paid,
operational costs for today's hearing is $59.42, for a total amount to
date, $34,259.42.
June 22, 2023
Page 70
Some factors of the case. The gravity of the violation: This
violation did not meet the criteria of a health, safety, or welfare issue.
Any actions taken by the violator to correct: A contractor was
hired to obtain a building permit, complete all inspections, and obtain
a certificate of completion for the unpermitted plumbing remodel.
Any previous violations committed by the respondent/violator:
None.
Any other relevant factors: None.
CHAIRMAN KAUFMAN: Okay. I guess my question is
what took so long, but we'll let you --
MS. MILLS: I wish I knew. I just -- I went through two
contractors, and it's the same old thing. She didn't do anything to try
to take care of the situation until --
MR. JOHNS: My name's Randy Johns. I'm Phoenix
Associates.
I was asked to step in to help to try to get this resolved. The
contractor that she had was nonrespondent. When I did call her, she
was very belligerent with me on the phone. The permit that they did
have was about to expire. I told her -- and I said, when I went and
looked it up, I said, you've not attached any sub to your permit.
There was no electrical. There was no plumbing sub. I said, why?
I mean, it's been years, and you haven't done this.
And she goes, well, I can't find anybody.
I said, you're a contractor. That's your problem. That's your
job to do that. I said, I have a contractor, or subs, and I can do that.
And she said, okay, get them for me.
So I did, and I went and attached them to her permit.
Well, I didn't tell her I was attaching them to them because the
permit was about to expire again. And when I told her that, she
wanted to file for another extension.
I go, no. This has lasted too long.
June 22, 2023
Page 71
So I went ahead and put our subs on her permit. I extended the
permit, and I called in the inspections. Well, then she got belligerent
with me, and she was going to cancel the permit.
And I said, if you cancel that lady's permit, I said, I'm going to
take you to the Code Enforcement, and I'm going to take you to
Licensing. I said, this is crazy what you've done to her. And I said,
there's no reason for this to take this long.
So, anyway, I went ahead and did it. I called in the inspections
on her permit. We get them inspected, and then we got our CO, but
it's through her, but I just did all the things behind the scenes to help
out.
CHAIRMAN KAUFMAN: Have you filed a complaint with
the Contractor Licensing folks?
MR. JOHNS: I have not at this point. I just got involved with
this not too long ago, and I did -- I even met with her on site, and she
even became very combative there. Like, she felt like I was
overstepping my bounds by attaching to her permits and stuff like
that, and she just told me I didn't have the right to do that.
MR. RUBENSTEIN: What date were you hired on?
MR. JOHNS: Well, I'm not really hired on. I just jumped in to
help out because it's --
MR. RUBENSTEIN: When did you jump in?
MR. JOHNS: Oh.
MR. MUCHA: I'd say Randy's been involved about two
months, and everything got done pretty quick.
MR. AYASUN: Two months.
MR. RUBENSTEIN: Two months?
MR. JOHNS: Yes, sir.
MR. RUBENSTEIN: Okay.
MS. MILLS: It moved so fast when he got involved that I was
just blown away, because I couldn't believe anybody would do what
June 22, 2023
Page 72
they said they would do.
MR. WHITE: I can tell you from my own personal experience,
and because it's my last meeting -- I otherwise probably
wouldn't -- that I've worked with Mr. Johns over the years in a variety
of capacities, and his word is bond.
MR. JOHNS: Thank you, sir.
MS. MILLS: I didn't know what to do when he would say,
well, I'm going to do this and literally did it. Oh.
MR. AYASUN: When you're down to that, that's so bad.
CHAIRMAN KAUFMAN: Yes.
MS. MILLS: I've gone through months and months and
months of this.
CHAIRMAN KAUFMAN: Okay. Anybody from the Board
like to make a motion?
MR. AYASUN: I think John is getting ready to.
MR. WHITE: May I inquire, Mr. Chairman?
CHAIRMAN KAUFMAN: Sure.
MR. WHITE: Ma'am, if the fine was imposed in the full
amount, would that create a financial hardship for you?
MS. MILLS: I wouldn't want to pay it.
MR. WHITE: Well, that's not the question, ma'am. On the
microphone, that's what I'm --
MS. MILLS: Oh, okay.
MR. WHITE: I know you don't want to pay it. My point
wasn't that. Would it create a financial hardship for you if you had
to pay it?
MS. MILLS: Going to say yes.
MR. WHITE: Well.
CHAIRMAN KAUFMAN: Okay. John?
MS. MILLS: I mean, that's ridiculous.
MR. WHITE: I'm just asking the question.
June 22, 2023
Page 73
MS. MILLS: I'm telling you.
MR. JOHNS: This was completely out of her control.
CHAIRMAN KAUFMAN: We've been telling him that
question is ridiculous for years.
MS. MILLS: I'm going to back you up.
CHAIRMAN KAUFMAN: Today's his last day.
MR. WHITE: Her point was the answer is ridiculous.
MR. FUENTES: All right. I'd like to make a motion that the
operational costs for today of 59.42 do get paid within 30 days as
well as we reduce the county's fines to $1,000. That would also be
paid within 30 days.
MS. MILLS: I don't even think it should be $1,000, excuse me.
CHAIRMAN KAUFMAN: Well, unfortunately, you don't get
to vote.
MS. MILLS: I know. I will complain.
CHAIRMAN KAUFMAN: Okay. Do we have a second?
MR. AYASUN: I'll second.
CHAIRMAN KAUFMAN: We have a second. All those in
favor?
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MS. ELROD: Aye. I agree with her.
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: That's too nays. Okay. It passes,
so --
MS. MILLS: So I pay the thousand?
MR. FUENTES: And today's operational costs of 59.42. So
the total amount would be $1,059.42 paid within 30.
June 22, 2023
Page 74
MS. MILLS: I will be sure to pay that 59.
CHAIRMAN KAUFMAN: Instead of 34,000.
MS. MILLS: In stead of the thousand.
MR. AYASUN: No, instead of 34,259.42.
MS. MILLS: Yeah. But I was calling up here to Joe begging
for help, and he can't help -- he couldn't help me.
MR. WHITE: Let me explain to you, ma'am, if I may. If you
do not pay it within the 30 days, the entire amount will become due.
MS. MILLS: I realize that.
MR. WHITE: All righty.
MR. JOHNS: What I would do if I was you, I'd go back after
the contractor for that.
MR. FUENTES: I would, too.
MR. JOHNS: That's how I would handle it.
MR. WHITE: Contractor Licensing.
MS. MILLS: Pardon?
MR. WHITE: I sat on the Contractor Licensing Board for
many, many years until about three months ago, and I'm here to tell
you that if your case came before me and there was an order to be
able to order restitution, as well as any fine for the contractor that did
what they didn't do, I would vote in favor of that.
MR. JOHNS: Exactly.
MS. MILLS: Well, thank you.
CHAIRMAN KAUFMAN: Thank you, sir.
Thank you, ma'am.
MS. MILLS: I hope this is the last time I'm here.
CHAIRMAN KAUFMAN: Well, I'd like to see you --
MS. MILLS: This is the third.
CHAIRMAN KAUFMAN: -- but not standing there.
MR. FUENTES: You'd be lucky if you see me twice in your
lifetime.
June 22, 2023
Page 75
CHAIRMAN KAUFMAN: Okay, Helen.
MS. BUCHILLON: ***Next case, No. 5, CENA20220005940,
Steven M. Thomas.
MS. THOMAS: Good morning.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. THOMAS: I do.
MR. MARINOS: I do.
CHAIRMAN KAUFMAN: Okay. Could you state your name
on the microphone for us.
MS. THOMAS: Terri Lyn Thomas.
CHAIRMAN KAUFMAN: Okay. Why don't we read this
into the record.
MR. MARINOS: Yes, sir. I just got to it.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: All right. Past --
MR. LETOURNEAU: Chuck, can you -- yeah, you can put it
up on the screen here real quick.
MR. MARINOS: Past orders: On July 28th, 2022, the Code
Enforcement Board issued a finding of fact, conclusion of law and
order. The respondent was found in violation of the referenced
ordinances and ordered to correct the violation. See attached order
of the Board, OR6138, Page 500, for more information.
On November 18th, 2022, the Code Enforcement Board granted
a continuance. See the attached order of the Board in documents and
images for more information.
The violation has not been abated as of June 22nd, 2023.
Fines have accrued at the rate of $100 per day from the period of
August 28th, 2022, to June 22nd, 2023, 299 days, for a total fine
amount of $29,900. Fines continue to accrue.
June 22, 2023
Page 76
Previously assessed operational costs of $59.21 have been paid,
operational costs for today's hearing is $59.42, for a total fine amount
of $29,959.42.
CHAIRMAN KAUFMAN: Okay. Your turn.
MS. THOMAS: There has been a lot of progress made into
clearing these violations. I can only ask for more time. I am going
to be selling the property, so it will be cleared up either by me or by
the new buyer.
We're working on a contract right now with Cypress Title with
Kirk Sanders, who couldn't be here today. But it's a serious, you
know, buying of -- or selling -- buying and selling of my home. So
it will be -- the violations will be cleared, just -- I need a little more
time.
CHAIRMAN KAUFMAN: Okay. This goes back -- I think I
recall this case. Did you have a brother-in-law or somebody living
in the place?
MS. THOMAS: Right, yes, yes, which they have moved out.
They're still in the process of getting the rest of their stuff, but
because I'm selling, they are moving. They've got their own
property that they're moving to. So it's --
MR. AYASUN: Do the buyers know about this $29,959?
MS. THOMAS: They are aware of the code enforcement
violations. I didn't know exactly how much it was until today. But
they are aware of the code enforcement violations on the property,
yes.
CHAIRMAN KAUFMAN: Have you a closing date yet?
MS. THOMAS: No, there's no closing date yet. The contract's
written up, but neither one of us has signed it yet.
MR. RUBENSTEIN: Do we have any before and after
pictures?
MR. MARINOS: I do have a quick before and after of one
June 22, 2023
Page 77
particular area, I can show you, I prepared just in case you wanted to
see it.
MR. RUBENSTEIN: I would love it.
CHAIRMAN KAUFMAN: Has the respondent seen the
picture?
MR. MARINOS: No, not this particular one -- or not this
particular time.
CHAIRMAN KAUFMAN: Why don't you show it to her.
Take a field trip.
The code violation has to be paid.
Do you have any objection to that picture?
MS. THOMAS: No, no objections.
CHAIRMAN KAUFMAN: Can I get a motion from the Board
to accept it?
MS. ELROD: Motion to accept.
MR. FUENTES: Motion to accept the pictures.
MS. ELROD: Second.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. MARINOS: So this is the initial-condition picture from
Senior Investigator Ricky Migal. This is one particular area up
June 22, 2023
Page 78
front. This did extend over the entire property. It was -- this
represents the property very well as opposed to, you know, pulling up
500 different pictures.
And then in that same area, just yesterday, this is the new
current condition of that exact same area. You'll notice there are still
some piles over here, but most of litter and debris has been kind of
moved into piles and being carted off kind of a truckload at a time as
we go along. So it's no longer spread over the whole property and
kind of just haphazardly placed everywhere.
CHAIRMAN KAUFMAN: At the rate it's going, how long do
you think it would take to get it completely removed?
MR. MARINOS: I think we're pretty close at this point. I'd
say, percentage-wise, we're probably 80 percent of the way through.
That has accelerated quite a bit recently. It was very slow at first. I
know there are some extenuating circumstances. But it appears at
this point in time now we're moving pretty quickly.
CHAIRMAN KAUFMAN: Okay. The reason I ask is
$30,000 is a lot to pay for stuff strewn around. Do you think you
can resolve this in a month?
MS. THOMAS: Yes. I mean, between a month and 90 days,
yes.
CHAIRMAN KAUFMAN: There's a lot between a month and
90 days.
MS. THOMAS: Yeah, 30 to 90 days would be, you know, a
good -- I mean, 30 days is cutting it a little close. But I do need to
sell the property anyway, so it's -- although there's no closing date on
the property, I mean, it's coming up soon.
CHAIRMAN KAUFMAN: The problem you have with cases
like this is the property gets sold, and the next person has the
problem, and they may or may not know they have a problem --
MS. THOMAS: Right.
June 22, 2023
Page 79
CHAIRMAN KAUFMAN: -- and it winds up back here again.
That's a concern that we have. So it's certainly cleaner if it just gets
resolved before you sell the property.
MS. THOMAS: Absolutely, and then there's no extra fines or
extra, you know, money out of either pocket as well for buyer or
seller, so...
MR. RUBENSTEIN: What type of property is still left to be
removed? You said about 20 percent, or you did.
MS. THOMAS: Right.
MR. RUBENSTEIN: What's sitting there that hasn't gone yet?
MR. MARINOS: So from my observations, it appears to be
some boat trailers, maybe one -- I believe I saw one, if not two, boats
still remaining. They're in relatively decent condition, but I wouldn't
say operable at this time.
And then there's a few piles of assorted debris that, again, has
previously been in the weeds, in the bushes, out in the trees, now
appears to be in a pile and kind of just being loaded up trailer by
trailer and taken. It would be plywood, a few ATV parts. I believe
it had been being used as an ATV repair place before. So there
remains a few ATV parts, things like that.
CHAIRMAN KAUFMAN: Okay. Well, it appears to me we
have only two directions we can go in. One, to imposed the fine,
which probably wouldn't make you very happy, and, two, grant
enough time to get this resolved, and that would -- what time frame
would that be, 30 days or -- well, as you say, between 30 and 90.
MR. RUBENSTEIN: Have you made arrangements with
anybody to remove the boats and the trailers?
MS. THOMAS: Those actually do not belong to me. Those
belong to the renter who -- well, not renter, excuse me, but my family
member who is moving out. So he's in the process of moving his
stuff. A lot of it is his stuff, so -- and he's very aware of it, and he's
June 22, 2023
Page 80
on -- like I said, he just got a new property that he's moving all of his
things to. So he is aware of it, and he's moving his stuff, which the
boat trailers and the boats and a lot of the ATV stuff that's still left
over is from him, so, yes.
MR. RUBENSTEIN: Have you viewed the whole property or
just from limited areas?
MR. MARINOS: I have viewed it. I haven't been to the rear
of the property extremely recently. I was there -- I'd have to look at
the exact date, but it would have been in the last three months or so
that I was in the rear of the property where a lot of the biggest
problem had been.
MS. THOMAS: And we had a dumpster, I believe, at that time.
MR. MARINOS: Yeah. You had a dumpster at that time that
was being filled. That dumpster's now been hauled off with all
the -- you know, overflowing with, you know, what had been junk.
The front of the property is where I've made my most recent
views. I've had communication problems that we've resolved now at
this point. But yesterday we did a reinspection. That's where
that -- visible from the road, these recent pictures were taken from.
MR. RUBENSTEIN: Have you allowed him full access to your
property or --
MS. THOMAS: Yes.
MR. RUBENSTEIN: -- have you limited him?
MS. THOMAS: No, no, I have not limited him at all.
MR. RUBENSTEIN: Okay.
MS. THEODORE: At one point -- I went through a very bad
breakup, then changed my phone number. They weren't able to get
ahold of me. I didn't get mail. That's why I missed the last court
date. So it -- I'm back on track now and -- but, no, I have not limited
them by any means.
MS. ELROD: And you and --
June 22, 2023
Page 81
CHAIRMAN KAUFMAN: I'm trying to think of a way of
motivating your relative to get rid of the boats to -- I hate to use the
expression -- light a fire under his backside, but that might be it.
MR. FUENTES: The property can't be sold if there's a lien in
place.
MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman.
CHAIRMAN KAUFMAN: Yes.
MR. RUBENSTEIN: To allow the lady an extension of 30
days.
CHAIRMAN KAUFMAN: A continuance of what?
MR. RUBENSTEIN: A continuance for 30 days, and that
fines --
CHAIRMAN KAUFMAN: Continue to --
MR. RUBENSTEIN: -- will continue.
CHAIRMAN KAUFMAN: Right. Okay. And I'll second
your motion.
Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. RUBENSTEIN: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Okay. It passes.
So you have another 30 days. You may want to put some water
under those boats and float them out of there somehow.
MS. THOMAS: Okay.
CHAIRMAN KAUFMAN: But --
June 22, 2023
Page 82
MS. THOMAS: Hope for a hurricane.
CHAIRMAN KAUFMAN: I mean, it's a $30,000 thing sitting
right in your eye there.
MS. THOMAS: I understand.
CHAIRMAN KAUFMAN: So best of luck to you.
MS. THOMAS: Thank you very much.
CHAIRMAN KAUFMAN: Okay. Thank you.
Thank you.
MR. MARINOS: Thank you.
CHAIRMAN KAUFMAN: What number are we up to, Helen?
MS. BUCHILLON: ***Next case will be No. 10,
CESD20180011460, Carlos Valdes and Dulce Valdes.
CHAIRMAN KAUFMAN: I remember this one.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. AUCLAIR: I do.
MR. MUCHA: I do.
CHAIRMAN KAUFMAN: Hello, once again. Could you put
your name on the microphone for the record for us.
MS. AUCLAIR: Certainly. My name is Claudine Auclair
from AUC Consultant.
CHAIRMAN KAUFMAN: Okay. And, Joe, you want to read
this into the record for us?
MR. MUCHA: Yes, sir. For the record, Joe Mucha,
supervisor, Collier County Code Enforcement.
Boy. Past orders: On February 28th of 2019, the Code
Enforcement Board issued a finding of fact, conclusion of law and
order. Respondent was found in violation of the referenced
ordinances and ordered to correct the violation. See the attached
order of the Board, OR5607, Page 514, for more information.
June 22, 2023
Page 83
On September 26th of 2019, the Code Enforcement Board
granted a continuance. See the attached order of the Board in
documents and images for more information.
On August 28th of 2020, the Code Enforcement Board granted a
continuance. See the attached order of the Board, OR5830,
Page 2404, for more information.
On June 23rd of 2021, the Code Enforcement Board granted a
continuance. See the attached order of the Board in documents and
images for more information.
The violation has not been dated as of June 22nd of 2021.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for the period from August 28th of 2019 to June
22nd of 2023, for 1,395 days, for a total fine amount of $139,500.
Fines continue to accrue.
Previously assessed operational costs of $59.49, $59.28, and
$59.42 have been paid, operational costs for today's hearing is
$59.84, for a total amount of $139,559.84.
CHAIRMAN KAUFMAN: Okay.
MS. AUCLAIR: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MS. AUCLAIR: I'm here once again. We've -- this is -- we've
been here previously on another case on the same property.
Originally, there was three different cases on this property. One of
them has been closed. The last time we were here, we received, on
the 2021 case, an extension to October of 2023. We are requesting
the same extension for this 2018 case because, although they're two
different years, the result and the actions that need to be taken both
work for the same case. It's basically site plans, easement-use
agreements with the county. All these things are tied together, so we
were asking for a continuance. We've already made some progress,
although it sounds like it's a long time. I wasn't involved in 2019 or
June 22, 2023
Page 84
2018 or 2020. I couldn't at that time.
But we've already received a nominal approval site plan for the
site to be able to relocate some of the items that are encroaching in
the easement. So we're getting -- making progress, and we would
like to obtain this extension/continuance so we can complete both
cases at the same time in October.
CHAIRMAN KAUFMAN: Was this the tiki house --
MS. AUCLAIR: Tiki.
CHAIRMAN KAUFMAN: -- was over the property line?
MR. FUENTES: It was the one overlooking the canal, correct?
CHAIRMAN KAUFMAN: Right.
MR. FUENTES: It's a beautiful tiki hut.
CHAIRMAN KAUFMAN: Yes. Is it a tiki hut that's worth
$140,000? So this was one that was over the property line?
MR. MUCHA: Correct.
CHAIRMAN KAUFMAN: So are you saying that you're going
to move the tiki hut?
MS. AUCLAIR: We submitted a permit. That's -- the issue to
address the permit and close the permit is the site plan with deviation,
which we are working on. We got the nominal approval site plan.
We're still working on the rest. That should be addressed with the
easement-use agreement that will --
CHAIRMAN KAUFMAN: So the answer --
MS. AUCLAIR: Hopefully.
CHAIRMAN KAUFMAN: The answer to my question was no.
MS. AUCLAIR: If we address -- if we cut it? No, we're not
going to cut it.
CHAIRMAN KAUFMAN: You're not going to cut it. You're
not going to move it. Okay.
MS. AUCLAIR: No.
CHAIRMAN KAUFMAN: So what you're trying to do is
June 22, 2023
Page 85
through the paperwork --
MS. AUCLAIR: Bring into compliance to meet the code
requirements, both zoning and building code.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: Didn't they require you to get it
resurveyed, if I sort of remember?
MS. AUCLAIR: Yes, sir, we did, and we had to pay several
thousand dollars, almost $10,000 on the survey.
MR. RUBENSTEIN: How much of a mistake was the survey
showing, physically?
MS. AUCLAIR: The new survey? It's minimal. It's, like,
inches. In some areas it's two inches. In some areas it's six inches.
I think the largest encroachment is one deck corner, which is one
foot. There's no life-and-safety issue. Like I said, it is a very
unusual property, if you recall the shape.
MR. RUBENSTEIN: Wasn't it also the county didn't have a
good legal on it? There was some problem with --
MS. AUCLAIR: There was in issue with the --
MR. RUBENSTEIN: -- the property ID because it was one
large piece and -- am I right? It was sort of cut up --
(Simultaneous crosstalk.)
MS. AUCLAIR: Yes, and it's also trying to figure out when the
easement -- when the roadway was granted to the county from
FDOT. It's been going on. There was attorneys involved before.
They're no longer involved, which we don't think is necessary. I
think we're in the right -- moving in the right direction at this time.
MR. RUBENSTEIN: Who filed the complaint originally?
MS. AUCLAIR: Sir, I would not know at the time.
MR. MUCHA: It was a neighbor.
MR. RUBENSTEIN: Do we know?
MR. MUCHA: It was a neighbor.
June 22, 2023
Page 86
CHAIRMAN KAUFMAN: Neighbor.
MS. AUCLAIR: If it's the same neighbor, they don't even live
there anymore. They've been gone for, like, two years.
CHAIRMAN KAUFMAN: They died of old age.
MS. AUCLAIR: In the cemetery next to it.
MR. MUCHA: I might die of old age by the time this case is --
CHAIRMAN KAUFMAN: Yeah. I was looking at that.
MS. AUCLAIR: Sorry, I'm older than you.
CHAIRMAN KAUFMAN: Well, again, we're down
to -- there's two things you can do. You can grant a continuance, or
you can impose the fine, so...
MS. ELROD: How much time do you think it will take?
MS. AUCLAIR: As I mentioned, the other case we have that is
kind of at the same time, we already received a continuance till
October. So we would like to match both of them because of the
work that needs to be done.
MR. WHITE: Do you know the date?
MS. AUCLAIR: So October 23rd. I don't know what meeting
it was assigned to.
CHAIRMAN KAUFMAN: Helen is going to tell us.
MS. BUCHILLON: October 26th is the next hearing -- I mean
in October.
MS. AUCLAIR: That would be the date.
CHAIRMAN KAUFMAN: So anybody want to make a
motion?
MS. ELROD: I'll make a motion to grant a continuance till
October 26th.
MR. FUENTES: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion and we
have a second.
MR. AYASUN: And pay the --
June 22, 2023
Page 87
MR. FUENTES: Today's operational costs.
CHAIRMAN KAUFMAN: Yes.
MS. ELROD: Yes.
MS. BUCHILLON: Thirty days?
MR. FUENTES: Thirty days.
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
MS. ELROD: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. It passes.
MS. AUCLAIR: Thank you so much, everybody. Have a
great day.
CHAIRMAN KAUFMAN: I'll say in October, on the 26th, I
would highly suggest this thing be resolved or bad things happen.
What can I say?
MS. AUCLAIR: Yes, we understand. Thank you so much.
MR. FUENTES: He gets green when he's angry.
MS. AUCLAIR: I'm sorry?
MR. FUENTES: He turns into a big, green monster when he's
angry.
CHAIRMAN KAUFMAN: Yeah.
MR. RUBENSTEIN: Everything continues --
CHAIRMAN KAUFMAN: Okay. Which brings us, Helen,
to?
MS. BUCHILLON: ***Number 11 --
June 22, 2023
Page 88
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: -- CESD20210012586, William N. Kogok,
Jr.
MR. KOGOK: Good morning.
CHAIRMAN KAUFMAN: Good morning. Could you give
us --
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. KOGOK: I do.
MR. MARINOS: (No verbal response.)
CHAIRMAN KAUFMAN: And could you state your name on
the microphone for us.
MR. KOGOK: William Kogok, Jr.
CHAIRMAN KAUFMAN: Okay. Would you like to read this
into the record for us?
MR. MARINOS: Yes, sir.
Past orders: On September 22nd, 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 452, for more information.
The violation has not been abated as of June 22nd, 2023.
Fines have accrued at a rate of $250 per day for the period from
April 23rd, 2023, to June 22nd, 2023, 61 days, for a total fine amount
of $15,250. Fines continue to accrue.
Previously assessed operational costs of $59.28 have been paid,
operational costs for today's hearing is $59.28, for a total amount of
$15,309.28.
CHAIRMAN KAUFMAN: Okay. Thank you.
Sir?
June 22, 2023
Page 89
MR. KOGOK: I want to remind the Board that I inherited this
problem from the past -- from the seller who failed to disclose it, who
happened to be a realtor herself.
Since the last hearing, I have had a survey and was able to only
find one company that would come out and take a look at this. He
said that I was looking at $40,000 to correct the issues and get them
up to code on these two buildings. One is a pump house and one is a
one-car garage detached.
Having already gone 50,000 overbudget just to buy the house, I
decided to sell my forever house and put it on the market. In
January, I found a ready, willing, and able buyer who had inherited
some money to have this work done, and he had construction
contracts -- connections to get it done.
He spoke to the former code enforcement officer who, while
telling him what needed to be done, also relayed personal private
information about my adversarial relationship with the neighbor who
turned me in -- you may know him, Fortino Mendez. That's who I'm
lucky enough to live next to -- and that effectively killed the sale.
I had two more sales after that that also died after speaking with
the county employees. One was a misrepresentation of facts and
one -- actually, they both were. One was a misrepresentation of the
current fines.
Since then I've only been able to find one contractor to come out
and look at the buildings with the objective of cutting the pump house
in half, basically removing one wall that's on the east side into the
encroached area of the setback and moving -- building it back in
outside the setback, excuse me, as well as getting both of those
buildings permitted.
I haven't heard back from them. I think they're in over their
heads because they're a roofing contractor.
These are not dangerous buildings. They're two well-built
June 22, 2023
Page 90
structures that have survived Ian and Irma. They match the house in
color, roofing, stucco, texture, exterior.
Finding anyone to take this job is like pulling teeth,
compounded with the fact that I have to -- I have no to limited cell
service, and Mr. Marinos will attest to that, out there in the Estates.
I have to go online, get the numbers, write those down, and drive 18
blocks to the library where the cell tower is on Golden Gate
Boulevard only to hear "we're too busy," "we don't take jobs under
$100,000," or "we're not getting involved in after-the-fact permits."
I'm ready, willing, and able to have all the work done. So I'm
asking for more time and that the Board does not impose fines at this
time.
MS. ELROD: Do we have a speaker on this one?
CHAIRMAN KAUFMAN: Excuse me?
MS. ELROD: Is this the one we have a speaker on or no?
CHAIRMAN KAUFMAN: No, that's 12.
MS. ELROD: Just checking. So part of your problem is that
the pump house is infringing on your neighbor's property?
MR. KOGOK: No, sir. It's encroaching the setback. It's
about --
CHAIRMAN KAUFMAN: Okay.
MR. KOGOK: -- either -- one survey from 2011 when the
county signed off on the pool construction from the former owner
showed it at six-and-a-half feet, and then the survey I had done last
year showed it at four-and-a-half feet.
CHAIRMAN KAUFMAN: That's why the county goes out and
does a spot survey generally, but I don't know if that was done or not.
MR. KOGOK: I've asked for people to come out and look at
this building. This building is full of -- I wrote it down. It's got
four pumps in it, seven pieces of water purification, a bunch of
timers, lighting inside and out, electrical, three security cameras, and
June 22, 2023
Page 91
control panels, all of this in about a 7-by-4 building.
CHAIRMAN KAUFMAN: What is -- a pump for what?
MR. KOGOK: A pump for the well, pump for the pool, pump
for the irrigation system, and a pump for the water purification
system. And I don't know where or how -- other than cutting the
building in half and re-working it as a narrower building, I don't
know how to redo all of this. And it sits right next to the well as
well.
MR. RUBENSTEIN: The previous owner did all this work?
MR. KOGOK: Correct.
MR. RUBENSTEIN: Did he pull a permit?
MR. KOGOK: No. That's why I'm here. I have done nothing
to it, and I haven't had any --
CHAIRMAN KAUFMAN: And that's why you're here.
MR. KOGOK: Right. Well, before and after. But my -- can I
ask one question without --
CHAIRMAN KAUFMAN: Sure.
MR. KOGOK: -- getting anybody upset? If the county Land
Development Code, Section A.0 -- 8.08.00.D shows liability to any
builder/contractor, why can't we hold him responsible?
CHAIRMAN KAUFMAN: Well --
MR. RUBENSTEIN: That's a civil matter.
MR. LETOURNEAU: Do you know the contractor?
MR. KOGOK: It was the owner. He had -- he was a -- he had
an electrical license.
MR. LETOURNEAU: Well, that's something -- you could try
to get the information from the previous owner or go after the
previous owner and try to -- and get the contractor information from
the previous owner. Unfortunately --
MR. KOGOK: He was the contractor.
MR. LETOURNEAU: So he -- okay. Then it would be a civil
June 22, 2023
Page 92
matter between you and the previous owner.
MR. KOGOK: Why, if the county code says that the county
can go after the -- quote, any builder/contractor should be held
responsible for the violation and subject to the penalties and remedies
provided herein? Why can't the county go after him?
MR. LETOURNEAU: Any builder/contractor?
MR. KOGOK: Correct.
MR. LETOURNEAU: That points to a licensed contractor.
MR. KOGOK: It says "any."
MR. LETOURNEAU: Any --
MR. KOGOK: Any builder/contractor or other person shall be
held responsible for the violation and subject to the penalties and
remedies provided herein or otherwise provided by statute or
ordinance.
CHAIRMAN KAUFMAN: And how do you get the money
from that person? You hire an attorney, and you sue them.
Is that what you're driving at, Jeff?
MR. LETOURNEAU: I'm driving at Code Enforcement is
governed by Statute 162.
CHAIRMAN KAUFMAN: Right.
MR. LETOURNEAU: We're -- as an entity, we're only allowed
to go after the current property owner.
MR. KOGOK: That's not what I read in my --
MR. LETOURNEAU: Well, that's the Land Development
Code. I'm talking about the state statute that governs Code
Enforcement across the state. So we don't have any teeth -- Code
Enforcement doesn't have any teeth to go after a previous builder or a
previous owner.
MR. KOGOK: I never saw the word "previous" there. Okay.
CHAIRMAN KAUFMAN: Well, let me just cut to the chase.
So you have -- again, it's another case of two choices: Imposed the
June 22, 2023
Page 93
fine or grant some sort of an extension. You would like us to do
both -- excuse me -- drop the fine and extend it anyhow.
MR. KOGOK: Correct.
CHAIRMAN KAUFMAN: That doesn't happen.
So how much time -- it doesn't seem like there's a light at the
end of this tunnel.
MR. KOGOK: I agree. I agree. No one wants to take the
job.
CHAIRMAN KAUFMAN: Well, that's a problem, because the
numbers here keep clicking, so --
MR. LETOURNEAU: There is the option of demolition still.
CHAIRMAN KAUFMAN: Yeah, well.
MR. KOGOK: And where does that put all of that equipment?
Out on the grass?
CHAIRMAN KAUFMAN: That --
MR. FUENTES: Have one rebuilt, I guess, would be to locate
the equipment itself with the proper permits in place.
MR. KOGOK: Yeah, I'm looking at $40,000. I mean --
CHAIRMAN KAUFMAN: That's not -- that's not the
Board's -- that's out of our hands what you do.
What the Board is here to do is to motivate you in one way or
fashion or another, either by fines or whatever, to get the job done.
If you can't tell us that, you know, given 30 days, 60 days, whatever
it is, I'm sure I can find someone to do the work.
MR. KOGOK: Well, I spoke to the gentleman who just left
who was with the charming lady --
CHAIRMAN KAUFMAN: Yes.
MR. KOGOK: -- the contractor, and got his -- the name of his
company.
CHAIRMAN KAUFMAN: Okay.
MR. KOGOK: And I will be calling him today.
June 22, 2023
Page 94
CHAIRMAN KAUFMAN: This is a good place for those
contractors to hang out in, isn't it?
MR. KOGOK: I wish I had come here earlier looking for him.
CHAIRMAN KAUFMAN: Okay. So that's where we stand
right now, either impose the fine or continue it.
So I'd like to hear from the Board if anybody has any ideas or
suggestions. There's not much else that we can do.
MS. ELROD: I'll make a motion to continue for 60 days.
Hopefully it will -- he'll get it done a lot sooner and come back in
front of us.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do
we have a second?
MR. AYASUN: Second.
CHAIRMAN KAUFMAN: We have a second, okay. All
those in favor?
MS. ELROD: Aye.
MR. AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. FUENTES: (No verbal response.)
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. It passes.
So you have two months. So I don't know how much harder
you can try to get it done, but there's a lot riding on it.
MR. KOGOK: I've known that for a while.
CHAIRMAN KAUFMAN: Okay.
MS. ELROD: You do still need to pay the operational costs
within 30 days.
CHAIRMAN KAUFMAN: Yeah, 59.28 should be paid within
30 days, okay? Sorry you're having all these problems, but --
June 22, 2023
Page 95
MR. KOGOK: Yeah. It was supposed to be my dream home.
It's turned into a nightmare.
CHAIRMAN KAUFMAN: Yeah. Well --
MR. RUBENSTEIN: And I think it behooves you to disclose
to a potential buyer --
MR. KOGOK: Oh, I did.
MR. RUBENSTEIN: -- that you've got this going on.
MR. KOGOK: I did. But at this point I'm going to have to fix
it to sell it if I want to sell it in the future.
MR. AYASUN: Yeah.
MR. KOGOK: And -- not what I signed up for, but thank you.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: Thank you.
CHAIRMAN KAUFMAN: Which brings us to, I believe, the
last case today.
MR. WHITE: Second to last.
MS. BUCHILLON: No, we actually have one more after this
one, which the respondent's not here.
CHAIRMAN KAUFMAN: Oh. Which one is this, 10?
MS. BUCHILLON: Yes.
***Next case would be No. 12, CEROW20220005091,
Sunward, LLC.
CHAIRMAN KAUFMAN: And we have a speaker on this as
well.
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. WILLIS: Yes.
MR. VELASQUEZ: Yes.
CHAIRMAN KAUFMAN: Okay. Could you state your name
June 22, 2023
Page 96
on the microphone for us? You may want to pull it down.
MS. WILLIS: I'll try.
CHAIRMAN KAUFMAN: Oh, you broke it now.
MS. WILLIS: Janice Willis representing Sunward, LLC.
CHAIRMAN KAUFMAN: Okay. And before our attorney
asks you if you have the permission from the LLC --
MS. WILLIS: Yes.
CHAIRMAN KAUFMAN: He's taking it now. Okay.
Okay. Do you want read this into the record for us, please?
MR. CATHEY: For the record, Ryan Cathey, Collier County
Code Enforcement.
Past orders: On September 22nd, 2022, the Code Enforcement
Board issued a finding of fact, conclusion of law and order.
Respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See attached order of the Board,
OR6181, Page 459, for more information.
March 23rd, 2023, Code Enforcement Board denied an
extension of time. See attached order of the Board in documents and
images for more information.
Violation has been abated as of May 18, 2023.
Fines have accrued at $100 a day from March 22nd, 2023, to
May 18, 2023, 28 days. Total fine amount of 2,800.
Previous assessed operational costs of $59.21 have been paid.
Operational costs for today's hearing: $59.56.
Total amount: $2,859.56.
This was not health and safety. They did obtain their
permit -- right-of-way permit and repaired the culvert. It was
finaled. No other violations and no other relevant factors.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: You know, real quick. I want to say thank
you for abating the violation in such a timely manner. It's very rare
June 22, 2023
Page 97
for us to see somebody with such a low amount that's being fined.
So thank you.
MS. WILLIS: We would have done it much sooner, but we ran
into complications. They shouldn't have any.
CHAIRMAN KAUFMAN: Okay. We have one speaker.
Why don't we hear the speaker, Vincent Velasquez, and then we'll
turn it over to you.
MR. VELASQUEZ: Thank you, speaker. My name is
Vincent Velasquez. I'm the next-door neighbor. I filed this
compliant. Anyhow, I was in here.
This took a long time. It was September of 2022. My home is
adjacent to this culvert. And this is owned by Sunward, LLC, and
they're a big corporation that goes around buying homes.
They refused -- well, they were ordered to pull a permit by the
Code Enforcement, which they did, and it expired in March. I came
to that meeting.
You put the fine on them, and I thought it was $250 a day, but I
guess it was 100, and I apologize for that.
But this individual that was up here that was speaking -- and I
have a picture that maybe if Jeff let's me or you okay that, you could
see. He was up here speaking. I think you remember him. Tall
guy. He was the contractor for Supreme Services. And I think he
even said he could get the job done in two or three days.
Well, when they went back to do the job, they went back 10
days later, and they closed the job down because that contractor
didn't have the license to do the scope of the job.
So that job was shut down for another, I don't know, eight or 10
days, and they had to bring another contractor in to assist him that
had a license to do that.
Meantime, while this contractor was there on March the 31st, I
had to call the Sheriff's Office because -- he's a big man. He's about
June 22, 2023
Page 98
6'6", about 230, 260, and actually he was standing at the property
lines calling me a son of a bitch, saying I was the guy who went to
the hearing. If it wasn't for me, he wouldn't be there.
I have a picture with Jeff that I took with him, and the sheriff's
department came out, a deputy, went over there and spoke to him.
The deputies came and told me that he has a freedom of speech.
He kept sticking his middle finger at me. My wife and I had to
leave our property because he kept saying, is that the way you dress
when you go pick up little boys? I mean, this man was just
offensive. It was just pathetic.
Well, anyway, this project went on for a long time. And I
just -- I'm asking that this LLC, Sunward, is -- it's a big corporation.
They didn't fix the culvert in the time between their time expiring
because they rented their property out to get maximum rental out of
it, of course, because it was season. So they didn't start working on
this property till -- at the end of March, and that's when they started
working on it, so they made sure that -- because this house is full
every -- every month with a lot of people in this. A couple of
hundred dollars to $600 a night they're making.
I'm asking that you penalize and take the full amount possible
because I think they did an unjust service to the community by not
fixing this storm drain, by not acting appropriately with the neighbor,
which is me. The storm drain backed up towards Tamiami. The
contractor was the most abusive person I've ever met in my life.
And I'm hoping that you would please vote to give them the most
penalty you can.
Thank you.
CHAIRMAN KAUFMAN: Okay. Thank you.
Okay, ma'am.
MS. WILLIS: I'm going to ask that the fines be waived due to
circumstances that were beyond our control.
June 22, 2023
Page 99
We were here in this court on March 23rd when the fines started
accruing for this case. We had gotten a permit for this job on
January 18th. We applied December 1st. We got the permit on
January 18th. We had to order materials which were delivered to
March 17th.
On March 17th, the truck that delivered the culvert and
the -- well, not the basin, just the culvert pipes, put them a little close
to the road out near the right-of-way.
The neighbor contacted Code Enforcement, and Code
Enforcement went out, put a stop work order on the job, called us,
told us to move those out of the road, and the stop work order was for
the contractor working outside of the scope of his license. He did
have an aluminum and concrete license. He was taken in front of the
Collier County licensing board, and he was proven innocent. He
was not working outside of the scope of his license.
Regardless, we had a stop work order. We had no choice.
I am a permitter by trade. That is how I was involved with
Supreme Services & More. Dusty Loewen is the contractor.
CHAIRMAN KAUFMAN: Can you move the microphone
down, please. Thank you.
MS. WILLIS: So that was on -- that stop work order was put
on March 17th. We were here March 23rd. The fines started
accruing. We were -- I was trying to help the homeowners find a
new contractor because, again, I'm a permitter by trade, so I was
trying to help them find somebody to get this done.
On March 29th, we had a second permit issued to a new
contractor, a general contractor, From The Ground Up Builders.
Dusty Loewen of Supreme Services was going to work with
From The Ground Up Builders to get this job done because he had
the equipment. He had the excavator, the concrete, the knowledge,
even. So he was working with them. And we were -- on April 3rd
June 22, 2023
Page 100
they came and put another stop work order on us saying that Dusty
was not allowed to work for that contractor unless he was a W-2'ed
employee of that contractor. He can't work as a 1099 employee. It
still doesn't make any sense. Regardless, it doesn't matter. The
licensing board has cleared him of all of that.
So on April 10th we had to get the third contractor involved.
On April 10th, Sawgrass Construction took over the permit. They
got the work done. On April 19th -- well, we got the rough-in part.
Called in for rough-in inspection on April 19th. It was failed due to
the changes required because of error on Collier County permitting.
I have the paperwork from that if you need to see that.
Basically, in a right-of-way permit for the culverts, the county
tells you what materials you have to use, what size culvert, what size
pipe, what size basin or not, how the mitered ends go, this, that, or
the other thing. They recommended an 18-inch pipe, which was
much too large for the project, but it's what they told us we had to put
in, so we did.
When the inspector came out, he failed. He called the county.
We had to make some adjustments, but it was what it was. It's still
nonconforming due to county error, and that's what is stated in the
paperwork.
We went back. On April 24th, the rough-in inspection passed.
Now we were allowed to go through and get to the end, get the sod
and landscaping back in order.
We failed that final inspection on May 5th and May 10th due to
landscaping issues. There used to be shells there. There was a
bunch of sand. It's Naples Park area. So, you know, it's a sandy
area. There was a lot of sand there. There was shells that used to
be over top of the old culvert. Now the county was requiring
us -- get rid of that sand, get rid of those shells, re-grade it, and put
sod in there.
June 22, 2023
Page 101
Well, it was a difficult process to do. We got it done -- the third
company got it done. But the sod died before the inspector got there
three days later. It was all brown and bad, so we had to do it a
second time on May 10th. We finally failed -- or passed the final
inspection on the 18th.
I don't know what more I can say other than we ran into -- the
contractors ran into obstacles beyond --
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: Well, I'd like to make a motion.
CHAIRMAN KAUFMAN: Okay.
MR. FUENTES: I think it's rare for us to have a case where it's
come into compliance in such a short time. I would like to make a
motion that today's operational costs of 59.56 do get paid and that the
fines -- we decline the county the fines to be imposed -- I said that
wrong -- but that would be my motion.
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: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Okay.
MS. WILLIS: Thank you very much.
CHAIRMAN KAUFMAN: Was that the last case?
MS. BUCHILLON: No, sir.
MR. AYASUN: There's one more.
June 22, 2023
Page 102
MS. BUCHILLON: One more case. We're back up to -- under
hearings.
CHAIRMAN KAUFMAN: Number 10?
MS. BUCHILLON: ***Number 10, yes, sir.
CESD20230003212, Robert P. and Louise L. Yardley. And, for the
record, respondents were notified regular and certified mail on
June 1st, 2023. It was also posted at the property and courthouse
June 2nd, 2023.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. WILLIAMS: I do.
CHAIRMAN KAUFMAN: Good morning.
MR. WILLIAMS: Good morning.
CHAIRMAN KAUFMAN: It's afternoon, actually.
MR. WILLIAMS: Oh, it is? Yeah. Good afternoon.
CHAIRMAN KAUFMAN: Okay. Let the record show the
respondent is not present. This is No. 10. That ends in 460?
MR. AYASUN: Ends in 3212.
CHAIRMAN KAUFMAN: Just give me one second as I
fumble through the paperwork. Is it this one?
MR. FUENTES: I've got it for you.
CHAIRMAN KAUFMAN: Oh, that's just on the -- I'm looking
for the individual sheets.
MR. AYASUN: I don't think there is one.
CHAIRMAN KAUFMAN: Okay. Why don't you read it
through to us, and then I'll understand.
MR. WILLIAMS: Excuse me. For the record, Doug
Williams, Collier County Code Enforcement.
CHAIRMAN KAUFMAN: Did you used to do play
quarterback?
June 22, 2023
Page 103
MR. WILLIAMS: Yeah, I wish.
CHAIRMAN KAUFMAN: That was Doug Williams.
MR. WILLIAMS: This is in reference to case
CEDS -- CESD202 -- 230003212 dealing with a violation of the
Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), carport converted into a
living space and a lanai addition without permits, located at 5340
Myrtle Lane, Naples, Florida. Folio 60780600003.
Service was given on April 13th, 2023. This -- the case
originated from -- the case -- the case originated CEPM023002425
that was filed by the Collier County Sheriff's Office due to housing
conditions and possible unpermitted addition.
Investigator Musse conducted an initial inspection on
March 23rd, 2023. Along with minimum housing violations,
Investigator Musse also observed the carport underneath the stilt
home to have been converted into living space and a lanai addition
that was not on the original floor plan of the home.
Research was conducted, and no permits were found for these
changes.
On April 7th, 2023, Chief Building Official Fred Clum reviewed
the case and determined building permits were required for the
carport conversion and addition as well.
Contact was made with Tim Yardley to inform him of the
violations. Mr. Yardley is the son of the property owner and advised
he was -- he has power of attorney.
To date, no permit has been applied for, and the property is
currently listed for sale.
I would like to now present case evidence in the following
exhibits. Property Appraiser aerial, three photographs taken by
Jonathan Musse on 3/23/23, three pictures taken by myself on
6/14/23, permit plans.
June 22, 2023
Page 104
MR. FUENTES: I'd like to make a motion to accept the
documents.
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: (No verbal response.)
MR. FUENTES: Aye.
MR. YORK: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. WILLIAMS: So this is the aerial of the property. This is
the structure. This is the house. I'm sorry. This is the house. You
can see --
MR. FUENTES: Look at that van.
MR. WILLIAMS: Yeah, right.
This is the bottom half of it, and this right here is the lanai that
was turned into, like, a living space.
CHAIRMAN KAUFMAN: Where is this located?
MR. WILLIAMS: It's on Myrtle on the East Trail.
CHAIRMAN KAUFMAN: Okay. Bicycles. Currently
occupied?
MR. WILLIAMS: Yes. There's a couple of tenants living in
that house.
MR. FUENTES: Could you go over the recommendations?
MR. WILLIAMS: Yeah. Let me --
CHAIRMAN KAUFMAN: Before we do that --
MR. LETOURNEAU: Doug, did you show them the original
June 22, 2023
Page 105
permit?
MR. WILLIAMS: Yeah. I'm trying to get out of this screen.
MR. LETOURNEAU: Yeah. Just X out of there, I think.
MR. WILLIAMS: There it goes. All right.
MR. LETOURNEAU: Yeah. These are very common out in
the Estates, these Jim Walter homes, and we've run a lot that -- where
they enclose the bottoms and, obviously, a lot of them don't have
permits.
CHAIRMAN KAUFMAN: Okay. So our first question is
whether a violation exists.
MS. ELROD: I'll make a motion a violation exists.
MR. RUBENSTEIN: I'll second.
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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And, Doug, you have a recommendation for us?
MR. WILLIAMS: Yes. Okay. Recommendation: That the
Code Enforcement Board orders the respondent to pay all operational
costs in the amount of $59.28 incurred in the prosecution of this case
within 30 days and abate all violations by:
One, obtaining all required Collier County building permits or
demolition permits and request [sic] all inspections through
June 22, 2023
Page 106
certificate of completion of occupancy for carport conversion and
lanai addition within blank days of this hearing, or a fine of blank per
day will be imposed until the violation is abated;
Two, 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 the abatement shall be
assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Have you had any problem
reaching the owner of the property?
MR. WILLIAMS: Yes. I talked to the tenant -- I mean,
previously the owner was there but, from my understanding, she was
taken out because of health issues she was having, and the husband is
in a nursing home. So there are tenants there, but I haven't spoken
myself personally to them. I tried to reach out with numbers that
I've had. They don't work.
But I believe Jonathan had spoken to them before, so he was
aware of the violations, but nothing -- nothing's been done.
CHAIRMAN KAUFMAN: Okay. So anybody want to try
filling out the blanks?
MR. RUBENSTEIN: I would, but I have a question for Jeff.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: What's the county's position to abate this
problem? What are you looking for the owner to do?
MR. LETOURNEAU: I would say they would probably have
to remove that lanai addition. It's not going to pass any kind of
permitting. And then they'd either have to restore that bottom area
to a nonliving area that doesn't have all the walls around it and
June 22, 2023
Page 107
remove whatever utilities they put in there or get that permitted.
MR. RUBENSTEIN: Okay. Monroe County, after Irma, they
had the same issue. Probably half the structures down there were old
Key Westers that were closed up, and they rent them out, and it
eventually became uninsurable. And now they made them tear it all
out. And I'm not sure if the county's adopted any policy on this type
of repair.
MR. LETOURNEAU: Well, I'm going to say that there's going
to be some FEMA issues if they do try to keep that bottom enclosed,
because I doubt that it meets the height that is required for that
particular flood zone right there.
MR. RUBENSTEIN: Right.
MR. LETOURNEAU: So most likely, to come into
compliance, they're going to have to remove that makeshift lanai and
restore the structure to its original permitted condition.
MR. RUBENSTEIN: Thank you. I'd like to take a swing at
this.
CHAIRMAN KAUFMAN: Go ahead.
MR. RUBENSTEIN: A hundred and fifty days.
CHAIRMAN KAUFMAN: Hundred and fifty days.
MR. RUBENSTEIN: Yeah.
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: And 175 per day, plus the carrying costs
the 59 and change.
CHAIRMAN KAUFMAN: 59.28 paid within 30 days.
MR. RUBENSTEIN: Yep.
MR. FUENTES: Second.
MR. RUBENSTEIN: If that's -- and that's -- and my motion is
based on the feedback from the county --
CHAIRMAN KAUFMAN: Okay.
MR. RUBENSTEIN: -- as to what they're going to ask the
June 22, 2023
Page 108
homeowner to do to respond.
CHAIRMAN KAUFMAN: Okay. We have it, 59.28 paid
within 30 days, $175 after 150 days.
MR. RUBENSTEIN: Yep.
CHAIRMAN KAUFMAN: Okay.
MR. AYASUN: We've got a motion and a 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.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, Doug.
Now, before we end, our esteemed attorney is -- this is his swan
song, so we want to -- I personally want to thank him for annoying
me as much as he did over the years. But we did have some good
laughs over it, and that's really what counts.
MR. LETOURNEAU: Mr. Chairman, I second that.
CHAIRMAN KAUFMAN: Best of luck to you, and we'll grant
you a continuance until the next time you're here.
MS. ELROD: Not an extension.
MR. FUENTES: Or was it an extension of time?
MR. WHITE: I would go for the extension of time for about
another 20 years. That would be -- that would be good.
CHAIRMAN KAUFMAN: Okay.
MR. WHITE: It's been my privilege and an honor to continue
June 22, 2023
Page 109
my career of public service, having worked for the county in my
history. I take it very seriously, and I hope that, you know, I've
helped improve the process as well as your appreciation for it.
And I want to thank the staff for having been very helpful for all
of the work they've done to make my job easier and to make sure that
they all are acknowledged by this board for their dedication and
commitment to this process as well. And I appreciate each and
every one of you providing your volunteer public service. So thank
you.
MR. AYASUN: Thank you.
CHAIRMAN KAUFMAN: So who do you expect to sit in that
chair next month?
MR. WHITE: My understanding is it's a tossup. The odds are
you may end up with one of the individuals who currently is the
Contractor Licensing Board attorney and the individual who's the
Special Magistrate perhaps getting the Contractor Licensing Board
attorney job and the CLB attorney becomes the CEB attorney.
That's all rumor.
CHAIRMAN KAUFMAN: We already had that once where
the Contractors Licensing guy came over here. Ossorio.
MR. WHITE: Well, that was on the county side. This is your
counsel. And either of the two gentlemen are, in my opinion, very
highly qualified, capable, and probably won't interrupt you as often
as I do.
CHAIRMAN KAUFMAN: Well, that's too bad. I like the
interruptions --
MR. WHITE: I appreciate it. Thank you.
CHAIRMAN KAUFMAN: We are adjourned.
****
June 22, 2023
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12: 15 p.m.
CODE ENFORCEMENT BOARD
ROB T MAN, CHAIRMAN
These minutes approved by the Board on - S�k.,(
as presented X or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.
Page 110