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CEB Minutes 08/24/2023 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, August 24, 2023 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Kevin Johnson, Alternate ABSENT: Sue Curley Manmohan "Bart" N. Bhatla James York, Alternate ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board CHAIRMAN KAUFMAN: Good morning, everyone. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I hope you all understand that. We're going to start out with the Pledge. All stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Here he is. BOARD MEMBER AYASUN: You made it for the roll call. CHAIRMAN KAUFMAN: Helen, start out with the roll call now that John has come in. And I don't want to embarrass him too much about being late, but... MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley is excused. Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla is excused. Mr. James York is also excused. Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. CHAIRMAN KAUFMAN: Okay. And Kevin will be a full voting member today. Which brings us to our agenda. The approval of the minutes I'll do first. I've signed the minutes, unless anybody has any changes. They were sent out, I believe, yesterday. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Yeah. Okay. I actually read through them all, and no changes. So can we get a motion from the Board to accept the minutes? BOARD MEMBER AYASUN: Let's accept -- BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now we're on the agenda. MS. BUCHILLON: Okay. We have some stipulations. Under public hearings, No. 1, CESD20220011340, Weston -- William J. Weston Bayes PR. Number 2, CEV20230003139, Susan Weems. Number 4, CESD20230000280, Gloria May. Those are all the stipulations for now. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I make a motion to accept the -- CHAIRMAN KAUFMAN: Well, hold on one second. BOARD MEMBER ELROD: Oh darn. CHAIRMAN KAUFMAN: We have to finish the agenda. This is just a pause. BOARD MEMBER ELROD: Okay. CHAIRMAN KAUFMAN: Do we have any other changes, Helen? MS. BUCHILLON: Yes, we do. We have some withdrawns. Under public hearings, D, hearings, No. 5, CELU20230003897, Debbie Bello Lopez and Ramon Lopez, has been withdrawn due to compliance efforts. Under motion for imposition of fines and liens. CHAIRMAN KAUFMAN: Let me stop you one second. There are three of those cases. Just that first one is -- MS. BUCHILLON: Just the first one is withdrawn, yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under motion for imposition of fines and liens, No. 3, CEV20230001500, Gloria May, has been withdrawn and will be rescheduled for the September 28 hearing. Number 5, CEAU20220005893, Yanelis Hernandez and Eliecer Ramirez, has been withdrawn due to a family emergency. Number 6, CEVR20200013095, KSWFL Homesites, LLC, has been withdrawn and will be rescheduled for the September 28th hearing. And those are all the withdrawns. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the agenda as modified. BOARD MEMBER ELROD: I'll make a motion to accept the agenda. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we're going to start out with the first stipulation. MS. BUCHILLON: Do you want to start with stipulations or the motion for extension of time? CHAIRMAN KAUFMAN: Let's do the motion for extension of times first. MS. BUCHILLON: ***Okay. Under public hearings, A, motions, motion for extension of time, No. 1, CEVR20200002859, Leslet Jean Charles and Anne-Rose Jean Charles. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. JEAN CHARLES: I do. CHAIRMAN KAUFMAN: Okay. Can you put your name on the microphone for us, please. MR. JEAN CHARLES: Leslet Jean Charles. CHAIRMAN KAUFMAN: Okay. And you're requesting an extension to change the date on your hearing? MR. JEAN CHARLES: No, I just -- CHAIRMAN KAUFMAN: Extension. MR. JEAN CHARLES: -- request an extension because they just issued the permit for -- plus my extension was expired, I believe, last month -- last April. CHAIRMAN KAUFMAN: Okay. So you don't want the case heard today; you want to move it out? MR. JEAN CHARLES: Actually, this was expired. So I just got the permit. They give me a couple years' extension, but because we're in the middle of the pandemic, I just got the permit. But it was completely slowed down, so I -- Collier County just issued a permit right now. So I need an extension to complete the project. CHAIRMAN KAUFMAN: Okay. I understand. Let me go to the County. MR. MARINOS: Yes. The case has been accruing fines since April. He had a two-year finding of fact originally for a land-clearing violation. He's got a building permit application that is in and ready for -- ready for issuance but it's not currently issued. He's asking for time to get that permit issued so that the land clearing can be -- so the case can be abated and closed. CHAIRMAN KAUFMAN: So you'll have the -- right now he doesn't have that? MR. MARINOS: It's not currently issued, but it's ready to go. MR. JEAN CHARLES: Yeah, it's ready to pick up, for pick up. CHAIRMAN KAUFMAN: Okay. And you have no objection to his -- we need to extend this, then, until he has that document? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any comments, Jeff? MR. LETOURNEAU: No, sir. CHAIRMAN KAUFMAN: Okay. So you're looking for, let's say, a 30-day extension of time. MR. JEAN CHARLES: To pick up the permit. CHAIRMAN KAUFMAN: And then when you come back after 30 days, because it's an open case, you can say I have a building permit on the lot, which will put you in compliance, and we can dispose of the case at that time. MR. JEAN CHARLES: Okay. So I don't need a specific time to complete the project? It's not issued after 30 days? CHAIRMAN KAUFMAN: We're not hearing it now. MR. JEAN CHARLES: Okay. CHAIRMAN KAUFMAN: What we're doing is we're trying to get to the point where you're in compliance, because right now you're not, okay. Am I clear to you, Jeff? MR. LETOURNEAU: You are, yes. MR. NOELL: And just for clarity, I know that prior to me coming on board, there was some discussion on what the correct terminology, things like that are, whether it's an extension or a continuance. He's before the Board essentially asking for the motion for the imposition of fine to be continued. So the fines continue to accrue on your property. Once you -- if the Board does grant the continuance, then whatever that date would be you would come back before the Board, and during that motion for the imposition of fines, and if so what amount, that's when you could bring forth evidence or testimony like you are doing a little bit today in asking for a continuance by putting forth, yeah, you know, there was an issue with COVID, here's the steps that I tried to take to get into compliance. But at this point it would be a continuance of the motion for the imposition of the fines. CHAIRMAN KAUFMAN: Correct. BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: We could do either. Ordinarily, when you're not in compliance, there's only two things the Board can do. We can extend it either with a continuance or an extension, or we can impose the fine because it comes up later in the agenda. MR. NOELL: Yes. Because with an extension -- for clarity, if the Board were to extend a deadline, that would be extending the date in which to come into compliance to avoid fines accruing. CHAIRMAN KAUFMAN: Right. MR. NOELL: A continuance -- so we've already passed that hurdle, so to speak, and so fines are running on the property. So now we're in continuance land where the fine has been imposed, and now it's accruing. And so we'll see what that amount is if the Board grants a continuance. CHAIRMAN KAUFMAN: My question to you is, do you think in one month you will have the permit in your hand? MR. JEAN CHARLES: Yeah. We can pick up the permit tomorrow. It's ready for pickup. CHAIRMAN KAUFMAN: It would have been better had you picked it up the day before. MR. JEAN CHARLES: Yeah, I know, but I don't know that. What I'm saying, the permit's issued. BOARD MEMBER FUENTES: I'll make a motion. MR. JEAN CHARLES: We have the permit. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Kevin, thank you for -- BOARD MEMBER ELROD: Clarifying. BOARD MEMBER FUENTES: -- the breakdown, honestly. Thank you. But I make a motion to grant a continuance of -- BOARD MEMBER ELROD: Second. BOARD MEMBER FUENTES: -- 30 days. CHAIRMAN KAUFMAN: Okay. And we have a second. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We'll see you next month. Hopefully we can resolve this at that time. MR. JEAN CHARLES: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. We now -- we need to -- this is on the imposition of fines? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So we need to modify the agenda to change that -- remove it from the agenda. MS. BUCHILLON: So we'll be withdrawing, under imposition of fines, No. 7, CEVR20200002859, Leslet Jean Charles and Anne-Rose Jean Charles. CHAIRMAN KAUFMAN: Okay. Can we get a motion to modify the agenda? BOARD MEMBER ELROD: Motion to modify the agenda. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Kevin, that's the one that your predecessor used to correct me after each one of these. MR. NOELL: Yes, sir. I'm glad everything's squared away. CHAIRMAN KAUFMAN: Okay. No problem. Okay. MS. BUCHILLON: ***Next extension of time, No. 2, CESD20220000870, David H. Levine. MR. LEVINE: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MR. LEVINE: David Levine. CHAIRMAN KAUFMAN: And Terri will swear you in. 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. LEVINE: I do. MR. CATHEY: I do. CHAIRMAN KAUFMAN: Okay. Good morning. MR. LEVINE: Good morning. CHAIRMAN KAUFMAN: So you are requesting an extension of time. MR. LEVINE: Correct. CHAIRMAN KAUFMAN: This is very similar to the case we just heard. MR. LEVINE: I wasn't here for -- I didn't hear the whole thing, but that's fine. CHAIRMAN KAUFMAN: Okay. MR. LEVINE: I'll listen. CHAIRMAN KAUFMAN: So you want an extension of time? MR. LEVINE: I hired somebody to handle the problem. The problem originated from a contractor who's still doing the exact same thing. So what I'm trying to figure out is, is how much more time I could have to do it. I have to pay these people. They're talking I have to plant plants that were never there. And Michaelle Crowley, is that -- I think that's her name. CHAIRMAN KAUFMAN: Yes. MR. LEVINE: Yeah -- and David Key are supposedly working on getting it so it's proper and affordable for me. I mean, one time they were talking about 110 plants when 15 plants -- pine trees were removed. So it didn't make sense to me. And I'm not just agreeing just to agree just to solve the problem. CHAIRMAN KAUFMAN: Let me -- we're not hearing the case now. My question to you is, how much time do you want to extend this so to at that time we can hear the case, or is this on the agenda for imposition of fines? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Okay. So -- MR. LEVINE: Okay. If I had 90 days, I could take care of it with David. CHAIRMAN KAUFMAN: Okay. So you're looking for a 90-day -- MR. LEVINE: Yes, please. CHAIRMAN KAUFMAN: Okay. Now, are you going to -- just a side question. Do you intend to build on it? MR. LEVINE: It's already -- everything's build on the house -- on the property. It's all -- an old property. It's three and a half acres of old property. CHAIRMAN KAUFMAN: Okay. Because one of the things that makes this type of case go away is if you have an active building permit. MR. LEVINE: The only thing that there's a permit that's not this one is a driveway easement, and it's the same contractor. And I went the other day and paid a permit, and last night when I was texting with him, he told me, oh, they want another $600 worth of fees because I didn't do the right thing last time. And I'm trying not to double-pay for the same job even -- because it's done already. And it's -- you know, it's $9,000 out of my pocket that I don't have, and I don't want to pay it. If I have to do it, I do. So the contractor's not being held -- of course, it's my property, so I have to take care of my property, and I'm trying to take care of it without burning through all the money that -- when it's not -- it wasn't my doing, you know. CHAIRMAN KAUFMAN: Okay. County, do you have any comments? MR. CATHEY: The County has no objection to a reasonable extension of time. This was heard back in April of 2023. His extension request was timely. His compliance date is not until tomorrow, the 25th, so he's here before that to get more time to get the vegetative removal permit in order and get everything in compliance with Environmental staff. CHAIRMAN KAUFMAN: Okay. Do you think 90 days would be sufficient time to do that? MR. CATHEY: I believe. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to extend for 90 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: To continue -- continuance. BOARD MEMBER AYASUN: Continuance. MR. NOELL: Just for the record, this would not be a continuance. CHAIRMAN KAUFMAN: Until tomorrow. MR. NOELL: It would be an extension because he has not been found in violation by the Board. So this is to extend the deadline in which to come into compliance. CHAIRMAN KAUFMAN: Okay. So it's an extension. BOARD MEMBER ELROD: I got it right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you get 90 days. MR. LEVINE: Thank you. Just a question: Once I do get the permit in and Michaelle and David and myself and everybody agrees to what it is, I still have to come back here for another -- CHAIRMAN KAUFMAN: Because the case is not closed. MR. LEVINE: Even if they close it; even if the permit is closed? MR. LETOURNEAU: Sir, if you've paid the operational costs and you come into compliance before this 90-day extension, you will not be required to come back and -- MR. LEVINE: That was my -- cool. Thank you, guys. Enjoy your day. Thank you. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: We have a change. CHAIRMAN KAUFMAN: Moving right along, Helen. MS. BUCHILLON: We have a change to the agenda. Another stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings, No. 7, CEV20230007119, Debbie Bello Lopez and Ramon Lopez. CHAIRMAN KAUFMAN: So that's a stipulation. That still leaves one case. MS. BUCHILLON: One more extension of time. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And that would be No. 3, CESD20200012753, Juan C. Delgado and Yelenys Delgado. CHAIRMAN KAUFMAN: I missed the boat here a second. Let's start with modifying the agenda to -- MS. BUCHILLON: Sorry. CHAIRMAN KAUFMAN: -- add Case No. 7 to the stipulations. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Let's do that one first. BOARD MEMBER ELROD: A motion to accept the agenda as modified. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So 7 is added to the stipulations. Next? MS. BUCHILLON: ***Next would be the extension of time, No. 3, CESD20200012753, Juan C. Delgado and Yelenys Delgado. CHAIRMAN KAUFMAN: Okay. Could you gentlemen put your name on the microphone for us, please. MR. DELGADO: Hi. My name is Juan Carlos Delgado. MR. WILLIAMS: My name is Asher Williams. CHAIRMAN KAUFMAN: Okay. And you're here to? MR. WILLIAMS: I'm a wetlands ecologist, so I'm assisting with, basically, what are wetlands impacts. CHAIRMAN KAUFMAN: Okay. This is for the extension of time. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. DELGADO: Yes, I do. MR. WILLIAMS: I do. CHAIRMAN KAUFMAN: Okay. You're looking to extend the time on this case? MR. DELGADO: Yes, sir. CHAIRMAN KAUFMAN: Has the due date come and gone on this? MR. PACKARD: Their request was prior to the due date. CHAIRMAN KAUFMAN: Okay. And how much time do you need before this case is going to be heard? MR. DELGADO: Okay. I was talking to Jason -- I'm not sure. When I first started this, my wife was pregnant, okay. My daughter is two years old, so I've been dealing this with for two years. Last time that I came here, six months were given to me. So we're still -- I mean, we're working. We have all the proof. We've presented everything. But if you tell me six months, of course I will take it, but at least 18 months is -- that's what I will need, because -- he can explain to you more. And even if we get the permits from the DEP tomorrow, we cannot start planting until next year when it starts raining again. So it doesn't make sense to come every six when we're going to have this problem. But we're working on it. We have everything, all the -- Jason has all the -- CHAIRMAN KAUFMAN: Your plan is to not build on it? Your plan is -- MR. DELGADO: Yes. CHAIRMAN KAUFMAN: -- is to modify it so it comes into -- MR. DELGADO: Both. BOARD MEMBER AYASUN: Both. He wants to build on it. CHAIRMAN KAUFMAN: Yeah, after it comes into compliance. MR. DELGADO: Yeah, correct. CHAIRMAN KAUFMAN: The County says? MR. PACKARD: We have no objections. Mr. Delgado has maintained constant communication, and I believe they're still waiting on some stuff from DEP. CHAIRMAN KAUFMAN: Okay. This comes down to be another extension of time? MR. NOELL: Correct. CHAIRMAN KAUFMAN: Okay. Anybody want to ask any questions or make a motion? BOARD MEMBER AYASUN: Make a motion that we gave him an extension for 18 months. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Eighteen months, okay. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: I have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WILLIAMS: Thank you, sir. Appreciate it, guys. BOARD MEMBER FUENTES: We're being very generous today. CHAIRMAN KAUFMAN: Yes. Okay. That finishes up the motions for extension of time; is that correct? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Now we'll move on to the stipulations. MS. BUCHILLON: Stipulations, yes. ***Under hearings, No. 1, CESD20220011340, William J. Bayes Estate, in care of Weston J. Bayes PR. 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. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning, sir. CHAIRMAN KAUFMAN: Have you been practicing with that mouse? MR. JOHNSON: I have. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: To no avail. CHAIRMAN KAUFMAN: Okay. Do you want to read this stipulation into the record for us? Let the record show that the respondent is not present. MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case -- hang on one sec. Yeah -- for the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the remodeling of the multifamily structures within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Have you been in contact with them on a regular basis? MR. JOHNSON: Yes. And it's really the attorneys. The original owner is deceased. And I've not only been in contact with the -- Mr. Bayes, I think he's the brother of the deceased owner -- and their attorneys and the attorneys for the buyers. This property is going to be sold within the next 30, 60, 90 days, and the new owners are -- the new owners are aware and their attorney's aware that this ruling will ride with the deed for the property. CHAIRMAN KAUFMAN: Okay. So anybody want to make a motion to -- BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Okay. That brings us to No. 2. Number 2 is a stipulation? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Is this the one from the respondent that we just heard from, David Levine? MS. BUCHILLON: That was the extension of time. CHAIRMAN KAUFMAN: Okay. That's this one. Which brings us to? MS. BUCHILLON: Number 2. CHAIRMAN KAUFMAN: Number 2. MS. BUCHILLON: ***CEV20230003139, Susan Weems. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. WEEMS: Yes, I do, so help me God. CHAIRMAN KAUFMAN: Good morning. MS. WEEMS: Oh, good morning. CHAIRMAN KAUFMAN: You could pull that microphone down for you. MS. WEEMS: Okay. I can try. CHAIRMAN KAUFMAN: Either that or we'll give you a stool to stand on, one of the two. MS. WEEMS: Or I can tiptoe. Is that better? I'm sorry. CHAIRMAN KAUFMAN: Okay. Okay. You want to read this into the record for us? MR. MARINOS: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by repairing all unlicensed and/or inoperable recreational vehicles and affixing a valid license plate to every recreational vehicle that is registered to a legal occupant of the property or store said recreational vehicle within a completely enclosed structure or remove offending recreational vehicle from the property to a site intended for such use within 30 days of this hearing, or a fine of $50 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. So I'd be willing to bet you've already done all of this? MS. WEEMS: No, I wish I had. CHAIRMAN KAUFMAN: Okay. MS. WEEMS: But anybody that would like to give me suggestions... It's my brother's RV, or the fifth wheel trailer he lived in when he died, that I haven't been able to remove from the property. Oh, it just makes it hard to -- I don't like to talk about all of this, because my mother died shortly after that, my father, my other brother. So I don't have a way to -- CHAIRMAN KAUFMAN: Do you think 30 days is -- MS. WEEMS: I will do the best I can, yes. I -- I'm not sure. It's been kind of difficult. I'm dealing with -- I did ask a contractor friend of mine, but, obviously, contractors are extremely busy right now, so any suggestions of people that you know. CHAIRMAN KAUFMAN: Well, I hate to accept a stipulation for 30 days which it's going to possibly take more than 30 days. It's not a healthy -- or health-and-safety type arrangement. MS. WEEMS: No, this just all came about because my domestic partner decided to upset the neighbor next door. So in getting back at him, it was actually me that pays the cost for it, so... BOARD MEMBER AYASUN: What is the -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER AYASUN: What is the issue? Why isn't it easy to move this out? MS. WEEMS: It's been there for quite a while. BOARD MEMBER AYASUN: No one wants it? MS. WEEMS: No, not that I know of, and I don't have any family left to help me, and -- yeah, so -- that's -- I was trying to get somebody to come and actually deconstruct it to get it off the property, and that gentleman has been extremely busy; he was kind enough to say that. But it's been probably, like, six months now that I've been trying to get assistance on it. BOARD MEMBER FUENTES: The only issue is, I mean, we can sell it. It should be able to be -- it's an RV. If it's not a pristine RV that somebody's going to buy, I could think of a thousand different Cuban guys that would go and scrap it. MS. WEEMS: Anybody that you, you know, could reach out to, I would be extremely grateful. BOARD MEMBER AYASUN: Is it movable? MS. WEEMS: No, I wouldn't think so at this point. I mean, the tires are on it and everything. My domestic partner says they might -- I'm not getting any assistance from him. But in the past has said you could probably air the tires up, but that's not something that I'm proficient in, so I couldn't make a guarantee on that one. CHAIRMAN KAUFMAN: Okay. MS. WEEMS: It's about a -- I guess, what is it? Like, a 25-, 27-foot travel trailer, something like that. MR. MARINOS: Something along those lines. MS. WEEMS: Along those lines. It's a fifth wheel, so it's not -- it even makes it more difficult to move because you have to have, like, the fifth wheel big pickup truck to do it. It's not like a trailer you can hook up and pull out easily, so that's the situation, then -- CHAIRMAN KAUFMAN: Okay. MS. WEEMS: -- that has presented itself, unfortunately. But like I said, yes, you know, Mr. Fuentes, you think you know of people that would be interested, I'd be more than happy. I'm not familiar with the Cuban community, so if you have connections... BOARD MEMBER FUENTES: Real quick. I personally feel that we should probably stand by the County's stipulation as it's been presented. CHAIRMAN KAUFMAN: So you make a motion to -- BOARD MEMBER FUENTES: I'd make a motion to accept the stipulation. MS. WEEMS: And if the -- I'm sorry. I hate to interrupt. I apologize. If the County were to come out on that -- is it the third that says if the County has to abate it? Do we have any clue what the cost of that would be? Because that might be easier for the County to abate it than it would be with the luck that I'm having for myself. CHAIRMAN KAUFMAN: From my experience -- MS. WEEMS: Uh-huh. CHAIRMAN KAUFMAN: -- you don't want that. MS. WEEMS: Okay. CHAIRMAN KAUFMAN: The County -- if it cost you $100 to cut your lawn and the County cuts your lawn, it will cost $500. MS. WEEMS: Okay. All right. I'm just -- I'm trying to find any suggestions available, you know, so... CHAIRMAN KAUFMAN: Okay. So we have a motion and a second to accept the stipulation as written. Let's vote on that, and then I'll give you my two cents worth. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. Okay. If in 30 days it's not done, come back here and -- or speak to the code enforcement person who you've been working with -- MS. WEEMS: Yes. CHAIRMAN KAUFMAN: -- and see what additional time you would need. MS. WEEMS: Okay. CHAIRMAN KAUFMAN: In the meantime, your suggestion is to contact some -- BOARD MEMBER FUENTES: Go to Golden Gate City -- hold up. This is good -- right there where -- there's a restaurant called Floridita. There's a bunch of guys that stand there just looking for any type of work. MS. WEEMS: Is that by the gas station, that corner there? BOARD MEMBER FUENTES: Yes, it is. You pull right in there and you say, I need a few guys to deconstruct this, and I'll pay you -- MS. WEEMS: And that's not illegal? BOARD MEMBER FUENTES: You're giving work to somebody. You're asking all the wrong questions. MS. WEEMS: I don't want to be up here -- BOARD MEMBER FUENTES: We're working solutions here. (Simultaneous crosstalk.) MS. WEEMS: I'm not dealing with the po-po. BOARD MEMBER FUENTES: They will deconstruct that quicker than quick. Trust me, okay. MS. WEEMS: Okay. All right. I mean, I've thought about it many times, because I need work done around the house. I've love to have -- BOARD MEMBER FUENTES: Yeah. You tell them that they can keep the material, and they'll be more than happy to take it to the scrapyard. MS. WEEMS: Okay. All right. Thank you for the suggestions. Off the books, right? CHAIRMAN KAUFMAN: Kevin is anxious to say something. MR. NOELL: I just want to make sure that, ma'am, you understand that in no way that's legal advice or advice on how you should proceed; that that's not the Board's advice to you. You understand that? MS. WEEMS: Okay. MR. NOELL: Okay. Do you understand? MS. WEEMS: Yes, I understand. MR. NOELL: All right. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MS. WEEMS: But if I need bond... CHAIRMAN KAUFMAN: I hope I don't see you next month. MS. WEEMS: Okay. I do, too. Thank you very much. It's been an experience. CHAIRMAN KAUFMAN: Yes. MS. WEEMS: Am I free to go? Am I -- CHAIRMAN KAUFMAN: Yeah. Take the chain off your ankle. MS. WEEMS: Yes. CHAIRMAN KAUFMAN: You're all set. MS. WEEMS: I still don't have a mugshot yet, so maybe next time. CHAIRMAN KAUFMAN: We'll work on that. MS. WEEMS: Thanks. BOARD MEMBER FUENTES: I'll tell you, they'll go -- they'll deconstruct that quick. They'll still take that scrap and get their money out of it. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next stipulation, No. 4, CESD20230000280, Gloria May. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. Okay. Do you want to read this stipulation into the record for us? MR. MARINOS: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.35 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 permits and request all inspections through certificate of completion/occupancy to keep or remove all unpermitted structures, improvements, alterations, and fences within 60 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; 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. No healthy [sic] or safety on this? MR. MARINOS: Not at this point. There had previously been people occupying the structures. They're all gone. CHAIRMAN KAUFMAN: Okay. All right. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: Thank you. BOARD MEMBER FUENTES: I think we're done, right? CHAIRMAN KAUFMAN: We're working on it. The next stipulation is No. 7? MS. BUCHILLON: Yes, sir. I don't think you have a copy of that one. We just got that one here. BOARD MEMBER AYASUN: We don't have that. CHAIRMAN KAUFMAN: That was a late-breaking -- MS. BUCHILLON: ***Next stipulation, No. 7, CEV20230007119, Debbie Bello Lopez and Ramon Lopez. MS. BELLO: Good morning. MR. DELGADO: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. DeLIA: I do. MS. BELLO: Yes, I do. CHAIRMAN KAUFMAN: This is case 7, correct? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record? Can you give us a 10-second summary of this item? MR. DeLIA: Certainly. This is a reoccurring violation on the property dealing with license plates that aren't registered to the property. It's RVs. Also living/lodging on the property with people just coming over for the night, renting the property. They're all in compliance now. The vehicles that weren't registered are now removed from the property, and the ones that could be registered to the property are now registered to the property. CHAIRMAN KAUFMAN: Has this been cited before? MR. DeLIA: Yes, it has. It has been cited for the vehicles unregistered. A notice of violation was sent out in 2021. BOARD MEMBER FUENTES: How did a reoccurring violation come to a stipulation? MR. DeLIA: Because she -- all of a sudden, the Health Department was involved in it. There was a couple more agencies besides just ourselves to come to an agreement on this. CHAIRMAN KAUFMAN: Is there a one-time fine on top of the violation? MR. DeLIA: No, there is not. MR. LETOURNEAU: Just to clarify, recurring is -- we've cited the property owner previously but never brought it to a hearing. A repeat would have been brought to a hearing, and then we would have added a civil penalty at that point. CHAIRMAN KAUFMAN: Okay. So if you would read the stipulation into the record for us. MR. DeLIA: My pleasure. John DeLia, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the payment amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; that the Code Enforcement Board issues a finding of fact that the respondent was in violation of the referenced codes and ordinances at the time of notice of violation; was issued for the reoccurring violation of unlicensed/not registered recreational vehicles stored and used for sleeping/lodging on an Estates-zoned property. CHAIRMAN KAUFMAN: This needs to be resolved in how many days? MR. DeLIA: It's already resolved. She has abated. We just came in for the findings of fact. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: It was abated yesterday, actually, when I approached the property. The vehicles that were in question were removed, and the vehicles that needed tags have them on the cars -- on the vehicles now. CHAIRMAN KAUFMAN: Are you confident that this won't reoccur again? MR. DeLIA: I am. I believe that she may understand this now. CHAIRMAN KAUFMAN: Okay. MS. BELLO: Could I speak for a minute? CHAIRMAN KAUFMAN: Sure. MS. BELLO: My name is Debbie Bello. And the reason why we had the vehicles is because we work with a dealer in Miami, and we used to fix -- like, refurbished inside the trailers, and we used to, like, help and resell them, you know, for their business and our business, and we'll get paid to help him to do that. So we didn't really, like -- how can I say? We didn't want to, like, go register it into our name until we sell it because it didn't make no sense. We would fix it and then resell it or give back to him to resell it, okay. So that's why -- I have a very nice neighbor, and he kept calling and calling about our trailers. This is why it's a recurrent, because I don't need to rent my trailers. I'm a Realtor, so I don't need to do that, but -- because I try to do a -- my husband is a cancer survivor, so I try to do a little business so that he can get entertained and be at home and make a little business so that he can do his own money, okay. So we did that, and then, suddenly, we have, like, the whole neighborhood on top of us because they don't want -- because they can't have a trailer to make money in their property. BOARD MEMBER FUENTES: You also -- MS. BELLO: So they -- so they want -- you know, because I fix my trailers, they call about I have the trailers. I have the fence. Somebody called about my fence that is an eyesore for them and this and that. So it's like -- it's a constant thing. People just drive through my -- through the street, and they go slow, like, looking on my property. It's like sightseeing or something. BOARD MEMBER FUENTES: Debbie, I've got a question. Where's your property located at? MS. BELLO: It's on 56th Avenue Northeast. BOARD MEMBER FUENTES: In the Estate? MS. BELLO: Yes, all the way down there, you know. That's why I move all the way down there so nobody sees me. But, obviously, because we have horses and everything else, then they go through the street and they keep looking and looking and looking, like, you know, sightseeing. And then everybody calls. A lady from 66th called, oh, no, because they have trailers over there, and then I can do my -- I can do it, too. And it's like a constant problem. So I said, you know what? Forget about the trailers. I'm not going to fix them anymore. I'm not going to do anything. Just get rid of it. That's it. BOARD MEMBER FUENTES: Did you have a business tax receipt for that business? MS. BELLO: I'm sorry? BOARD MEMBER FUENTES: Did you guys have a business tax receipt to operate that business? MS. BELLO: We have an LLC that we do the -- I used to have, but I didn't renew it because, obviously, I don't want to do it anymore because it's such a problem. CHAIRMAN KAUFMAN: LLC is just a -- MR. DeLIA: Excuse me. Can I -- CHAIRMAN KAUFMAN: Business tax receipt means that you are licensed to conduct business at that piece of property. MS. BELLO: Right. CHAIRMAN KAUFMAN: I think that's what John is -- MS. BELLO: But he doesn't -- he says that they -- MR. DeLIA: Excuse me just for a minute. If I may explain something here. Yeah, she was running a refurbishing business out of the property; however, our building zoning determination came back that stated it is not allowed to be done in that zoning district. BOARD MEMBER FUENTES: I know. That's why I asked. MS. BELLO: Right. MR. DeLIA: So that's -- so that's why she stopped doing what she's doing, and that's why now the vehicles are in compliance because the vehicles that she was refurbishing or using are no longer on the property, and the only two that are left are registered in her name. That's why I do believe that she understands now that she's not allowed to do this anymore, because there's no possibility of getting the building determination in her favor. MS. BELLO: Right. I don't need it anymore. CHAIRMAN KAUFMAN: Okay. So we're at the point whether we -- someone wanted to make a motion that we accept a stipulation as written. We can go forward. There's one other case that this young lady has -- MS. BELLO: Yes. CHAIRMAN KAUFMAN: -- got in front of us. We can hear that when it's time to hear it. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So this case is gone. MS. BELLO: Yes. CHAIRMAN KAUFMAN: Okay. So I don't know if we're going to hear the next case now. MS. BUCHILLON: It's up to the Board. CHAIRMAN KAUFMAN: Well, we might as well. This would be Case No. 6? MS. BUCHILLON: ***Case No. 6, CESD20230003899. 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. DeLIA: I do. MS. BELLO: I do. CHAIRMAN KAUFMAN: Okay. Just in quickly reading this, this is a violation that there are structures, but I'll leave that to you to summarize to us. MR. DeLIA: Thank you, so much. Okay. Good morning. For the record, Investigator John DeLia, Collier County Code Enforcement. This is in reference to Case No. CESD20230003899 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i). Did witness multiple structures erected prior to obtaining a Collier County building permit consisting of, but not limited to, front carport, two light poles with receptacle connections, barn, carport structure in the rear, metal shed structure, and electrical receptacle connection pole in the rear of the property. Located at 2960 56th Avenue Northeast, Naples, Florida, 34120; Folio No. 38970400003. Service was given on June 23rd, 2023. This case was opened in conjunction to additional complaints made of the property for having multiple unpermitted structure. Working -- working with the Health Department, I received photos emailed to me that's showing several improvements on the property. During a meeting with the property owner, Ms. Lopez, we went over the improvements and structures on the property and informed her that I need to do more research on the property to ensure the permitting status of these structures. Upon research of county program systems, I found that she -- the said improvements and structures consisting of, but not limited to, two front carport -- to a front carport, two light poles with receptacle connections, barn, carport, storage structure in the rear, metal shed, and electrical receptacle connection pole in the rear of the property were unpermitted. When the property was purchased on August 31st, 2020, by the parties, the county records showed that the main home closed -- the main home, a closed-in porch, and prefab shed, well and sprinkler system, was permitted on the property. No other structures added to the property have a record of permits through our county system. I completed a determination with our building official, and he stated that permits are required. When I delivered the notice of violation, I also attached the paperwork showing all the structures and the placements of them on the property to make it easier for her to recognize the structures. Supervisor Cristina Perez and I made a site visit with Debbie, and she allowed us entry to -- to enter to the property with a consent form signed. We did speak to her about the unpermitted structures, and she stated that she had already spoken with Renald Paul from the Growth Management Development and is working on receiving a survey from an individual from Clewiston and had not yet started on any of the drawings needed for submittals. August 23rd, '23, on site and spoke with Debbie and observed a surveyor on premises whom was taking elevation measurements at the time. She explained to me that, yes, this was the individual from Clewiston and that he had to come back to do the measurement, which is required for the applications for the permits. To date, no permit applications have been made at this time. I'd like to perform [sic] my evidence: One determination made by the building official; one photo taken by me on August 8th, 2023; determination consisting of one aerial dated 2019; one aerial that was 2022, duplicated the structures; one photo taken May 10th, 2023, by me; one photo taken May 12th, 2023, by the Health Department; and five photos taken by me on July 15th of 2022; one aerial map depicting the difference between 2019 and 2023; and one zoning map of 2023. CHAIRMAN KAUFMAN: Have you shared this documentation with the respondent? MR. DeLIA: Yes, I have. CHAIRMAN KAUFMAN: Okay. Do you have any objection to him providing that information? MS. BELLO: I'm working on -- I'm working on getting the permits, but -- CHAIRMAN KAUFMAN: Okay. I just -- we want to -- before we can see the pictures, we have to ask if you have any objection. MS. BELLO: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Absent.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. DeLIA: This here is just the deed that states when she purchased the property on August 31st of 2020. MS. BELLO: Can I correct something? That's just a quitclaim deed that we did to add my husband to the property, but I bought the property from 2018, so -- CHAIRMAN KAUFMAN: Okay. MS. BELLO: -- that's just -- it's not correct. But anyway. MR. DeLIA: This is the latest of the deeds. MS. BELLO: The latest quitclaim deed. MR. DeLIA: This here is the zoning map which states that it's an Estates-zoned property. CHAIRMAN KAUFMAN: What is that, two and a half acres? MR. DeLIA: It's divided. She owns both lots. I don't know if -- she's planning on selling one side. I don't know if that went through yet. MS. BELLO: It already sold, one side of it. CHAIRMAN KAUFMAN: So it was a five-acre parcel? MS. BELLO: It's a five-acre parcel, and I sold half of it. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: This is just an aerial position of the difference between 2019 to today. These little circled areas -- these little circled areas throughout the map here states where the unpermitted structures are located. There is a -- by the big circle right here, there is a horse barn in that area. MR. LETOURNEAU: So, Jack, the circles that don't really -- you can't see anything, is that the electric or -- MR. DeLIA: I have a better depiction on my next photo here which explains. These are actually determination photos I used for the building on that to the building official. Okay. That is -- that's the one from 2019. This one here depicts -- as you can see, I put on all the information: The carport, receptacle, barn, all these items that were not permitted on the property at the time of my visit. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: These are the pictures. This would be the out-front -- the Carport No. 1. This is the electrical receptacle pole, the trailer connection pole. That would be the barn from 2022 when I was on the property the first time. The metal shed/storage shed in the back. That is a carport/shed that holds a movable -- an RV, but it's one that's cargoes, RVs. MS. BELLO: It's an old motor home. MR. DeLIA: Very old motor home, Coach. The light pole that was in question, and then the other receptacle pole in the rear for a trailer hookup. CHAIRMAN KAUFMAN: In your discussions with the respondent, did they say that those items were added by them after 2019 or after -- MR. DeLIA: There's questions on when some of these items were added. She stated because of research of the property itself, that it was at one time a farmland for -- a tree farmland. So the sprinklers, the wells that are permitted originally on the property might have been used for that, but I can't relate back to when these items were put in. It's just it's noticeable that these were never permitted on the property itself through our computer system. CHAIRMAN KAUFMAN: That includes all the electrical work? MR. DeLIA: Correct, yes. That's why, through this, there's going to be many different permits itself that she's going to need to require to become compliant. CHAIRMAN KAUFMAN: Okay. Do you have any other pictures? MR. DeLIA: Right here. This is the determination made by our building official. As he wrote down on his -- on the end here is all the permits are required and that it needed to become compliant. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: And this is just our last picture of what I took on the 23rd of August. That's the carport/shed with the motor coach inside of it. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: That's it. CHAIRMAN KAUFMAN: Okay, ma'am. Your turn to speak. MS. BELLO: We did those things, and there's other things that were done already. That was previously, if you see -- I think John has a picture of what it was in 2008. That was like a nursery type of thing, and they had a big operation there. You can see the pictures -- the aerial pictures from 2008, which it shows that the -- there were many things already done on the property. I was nice to let them in, and then, you know, they took pictures of all of this, and it happens that now I am responsible for everything. Yes, we did the barn for the horses and, yes, we put the shade -- the little -- the roof for the shade in. We did a little roof in the front for, like, shade for the cars, but the other things were already there, you know. So there was electrical everywhere in the property. There was water everywhere in the property, everything else. But it happens now that we have to get permit for all of that. So, basically, I'm going through the process. I already did the surveys, and that was a nightmare because I had to call all the people from here, from Naples, that do surveys, and nobody wants to go to the Estates. So whoever goes to the Estates have a long list of people waiting. I already did, because my husband has family in Clewiston, and then we got somebody from over there that's coming down here to do the surveys. Surveys are already done, but they wanted me -- I went to the County over there, and he said that he needed an elevation certificate, so that's why he saw the surveyor over there, that he's doing the elevation certificate. I'm going to go through the process, do all the -- do the floor plans that they need for the -- actually, it's like two sheds, because one of them was done years ago. We didn't do it. We just -- it was there, you know. We kind of fixed it up and stuff, but it was there. And then the horse barn and the shade in the back we did. The one in the front we did. It's only like a plastic top that we put in the front for the cars, which is not -- but it's beside the fence. So because it's beside the fence, I have to take it out because I -- in my mind, I didn't remember that you had to leave 30 feet. CHAIRMAN KAUFMAN: Setbacks. MS. BELLO: Setbacks. So I put it there so that the cars -- we can park the car there because the sun is terrible. So we just put in there. So now I have to remove it and move it somewhere else or do something with that or maybe just take it apart. But it's a plastic roof, so that's only -- it's all put on with, you know, screws. So it just comes apart. So we're going to go through the process of doing everything, but we need a little bit of time because I only -- the other day I wanted to sell my piece of property beside me and only to move the line from one -- because it was -- my lot was 2.27, and the other lot was 2.73, and just to change the line to convert the five acres into 2.5 and 2.5 so I can sell only 2.5, it took me a long time, because the County takes forever to do, you know, all their work or whatever. So I need a little bit of time. I don't know how long you can -- CHAIRMAN KAUFMAN: Let me explain -- MS. BELLO: -- give me. CHAIRMAN KAUFMAN: -- how this works. The first thing we need to find out, before you do anything, is whether a violation exists. MS. BELLO: Well, it does. CHAIRMAN KAUFMAN: Okay. That's the first thing we have to -- and it sounds like, what you're saying, is that you agree that some of these things were done without a building permit. MS. BELLO: Yes, that's fine. I did. CHAIRMAN KAUFMAN: Okay. So does anybody want to make a motion if a violation exists or not? BOARD MEMBER RUBENSTEIN: I'll make that motion, that the violation exists. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now we go to the county, and I ask them if they have a suggestion for resolving this case. John. MR. DeLIA: Thank you very much. I'm pulling the recommendation up for you right now. CHAIRMAN KAUFMAN: Right. MR. DeLIA: 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 permit, inspections, and certificate of completion/occupancy to either keep or remove the unpermitted improvements of the front carport, two light poles with receptacle connections, barn, carport structure in the rear, metal shed structure, and electrical receptacle connected to poles in the rear of the property within blank days of this hearing, or a fine of blank 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. CHAIRMAN KAUFMAN: Okay. Any health/safety issues that you're concerned about? MR. DeLIA: No, not at this time. CHAIRMAN KAUFMAN: Okay. Okay. Anybody want to take a shot at making a motion? John? BOARD MEMBER FUENTES: I'll make a motion to grant 180 days, and we will impose a fine of $350 per day if it is not corrected. CHAIRMAN KAUFMAN: And the costs, the -- BOARD MEMBER FUENTES: And the operational costs for today of 59.28 being paid as well. CHAIRMAN KAUFMAN: Within 30 days? BOARD MEMBER FUENTES: Within 30 days. CHAIRMAN KAUFMAN: Okay. So as a quick review, 59.28 paid within 30 days; 180 days, which I have to say is very generous, and after 180 days, it will be $350-a-day fine if it's not done. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Hold on, okay. MS. BELLO: Okay. CHAIRMAN KAUFMAN: So that's the motion. Do we have a second? BOARD MEMBER RUBENSTEIN: I'll second with a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Are you presently renting out those trailers? It says on here that -- MS. BELLO: No. BOARD MEMBER RUBENSTEIN: There's no rental income coming in from -- BOARD MEMBER FUENTES: No, she's a Realtor. BOARD MEMBER RUBENSTEIN: So what are you using the trailers for? MS. BELLO: The trailers are gone. BOARD MEMBER RUBENSTEIN: What? MS. BELLO: I only have a trailer that is mine -- two of them that are mine. BOARD MEMBER RUBENSTEIN: Okay. MS. BELLO: We use it for -- like, sometimes we go to Ocala. And it's a brand-new trailer. We bought it from -- from that store, Camping World. And it's -- we use it sometimes, like, to go out and stuff like that with -- to my husband's family in Ocala. Sometimes we go to Georgia. BOARD MEMBER RUBENSTEIN: Yeah. The County complaint mentions that it's being used for sleeping and lodging; is that accurate? MS. BELLO: What happened is that when he got into my trailer, the trailer is set up inside for when we go somewhere. I have a coffeemaker and stuff like that. So he says that -- because I have that and because I had a sheet on my thing, he says that there was some people sleeping there. So it's not -- it's what I have there, you know. And the other trailer that I removed from there already, that trailer was given to us by some Canadians when it was the flood. And when it was the flood, they wanted us to remove it from their property. We did. They basically gave it to us, okay. They paid us to remove it from the trailer park, and they give it to us with everything inside, flowers, coffeemaker, everything. They didn't want nothing. They just -- CHAIRMAN KAUFMAN: Let me cut this short. So your answer is it's just a trailer. You're not renting it out to anybody? MS. BELLO: No. CHAIRMAN KAUFMAN: That's the short answer. BOARD MEMBER FUENTES: So we have a second. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. Any questions on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. You have six months to get everything done. MS. BELLO: What's going to happen -- okay. Because I'm trying to get this done, but at the same time, the County is taking a long time to do things because, like I said, I only wanted to move the line -- the construction line -- or lot line adjustment. That's what I did, a lot line adjustment, and they took forever. What's going to happen if this takes longer? Because I have never done any process with them. So now I had this, I discover that they take forever to do anything. So what is going to happen if they don't -- CHAIRMAN KAUFMAN: That's why you were given six months, number one. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Number two, everything that you did to this property that made it illegal, if you will, falls on you. MS. BELLO: Right, but I'm trying to correct. CHAIRMAN KAUFMAN: I understand that, and you're being given six months to do that. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Like he said, that's very generous. Typically, we only do 30, 45 days maybe two, three months. MS. BELLO: Okay. BOARD MEMBER FUENTES: But I figured, you know, six months. BOARD MEMBER ELROD: If it's not done in six months, at five months come back with stuff that you have accomplished. MS. BELLO: Okay. BOARD MEMBER ELROD: And if you're working at it diligently, we can possibly extend the time. MS. BELLO: Okay. All right. No problem. CHAIRMAN KAUFMAN: Okay. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. BOARD MEMBER AYASUN: We didn't approve though; we didn't say aye. Did we say aye? CHAIRMAN KAUFMAN: Yeah. We voted, didn't we, Terri? THE COURT REPORTER: (Nods head.) MS. BELLO: Thank you. You all have a blessed day. CHAIRMAN KAUFMAN: If we put enough people together, some person has -- BOARD MEMBER FUENTES: We make a tribe. CHAIRMAN KAUFMAN: Do they get -- they get the trailers? Other people want to get rid of trailers. We need to have, like, an auction out in the hallway. BOARD MEMBER AYASUN: Trailer exchange. CHAIRMAN KAUFMAN: Trailer exchange. BOARD MEMBER FUENTES: Should be a trailer meet-up. CHAIRMAN KAUFMAN: Okay. Helen. MS. BUCHILLON: ***Okay. We're going to make a little change. We're going to -- under motion for imposition of fines and liens, No. 1, CESD202100121854, 4630 Golf Stream Drive, LLC. CHAIRMAN KAUFMAN: Okay. I know we're pulling this out of order, but somebody has to be someplace at a particular time, so... THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MR. LATINO: I do. CHAIRMAN KAUFMAN: Good morning. MR. LATINO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MR. LATINO: Mike Latino. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Good morning. For the record, Dee Pulse, Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read this case into the record for us, Dee? MS. PULSE: Yes, sir. Past orders: On July 28th, 2022, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the references 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 the attached order of the Board in documents and images for more information. 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 been abated as of July 25th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from March 19th, 2023, to July 25th, 2023, 129 days, for a total fine amount of $12,900. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.77. The amount -- total amount, $12,959.77. For the factors, the gravity of the violation was non-health and safety. Actions taken to correct: Owner obtained the demolition permit on July -- or June 29th, 2023, and the permit was finaled on July 25th, 2023. Previous violations committed: None. Any other relevant factors: Owner applied for a permit on November 30th, 2021, for alteration, demolition property rehab and remodel but ran into some restrictions for intended uses that put delays in the process. CHAIRMAN KAUFMAN: Okay. The total amount for today is? MS. PULSE: $12,959.77. CHAIRMAN KAUFMAN: I have on my sheet $46,559. Is there -- I'm looking at the wrong sheet. MR. LATINO: Shred that one. BOARD MEMBER ELROD: Don't scare him. MS. BUCHILLON: They have numbers on the top which tells you which -- CHAIRMAN KAUFMAN: Oh, I'm sorry. BOARD MEMBER FUENTES: And it has a name, too. CHAIRMAN KAUFMAN: Yeah. Okay. BOARD MEMBER ELROD: This was the restaurant that you couldn't turn into a restaurant, and -- MR. LATINO: Yeah. BOARD MEMBER ELROD: And they wanted a demolition permit for no demolition to be done. MR. LATINO: That's correct. CHAIRMAN KAUFMAN: Okay. Oh, I remember this one now. MR. LATINO: Glad I'm so well-known. CHAIRMAN KAUFMAN: That's not good. MR. LATINO: I know. I know. BOARD MEMBER FUENTES: I'm going to change what I had written here. Okay. CHAIRMAN KAUFMAN: Okay. Do you have anything to say? MR. LATINO: As Dee stated, you know, our intended use on that property was initially to purchase it and put a restaurant in there. You know, it was a -- when we did purchase it, there was a fire there, and what happened with the fire, there was part of the roof that was partially burned, and there were 12 trusses that needed to be replaced to get the building deemed as being safe, I guess. Prior to our purchase, that work was done. And from my understanding, that's when the stop work order was put on there for un -- or non-permitted work. We still purchased the property. We figured -- from what our attorneys and everybody told us was that with our intended use, that when we would get ourselves permitted, that everything would get cleared up from that work order. So we still went ahead with the purchase. We didn't see any foreseen issues with us trying to put a restaurant in there. When we did go to the initial -- I believe she said November. When we did go to those initial permits to -- which, you know, paid an architect, had everything drawn up, we ran into some parking issues and some other issues with FEMA and stuff like that that we were -- I'm a Chicago -- Illinois person. No idea these problems even existed, and it has burned us significantly. At that point, when our restaurant plans were halted, we started looking into other uses on the building, and then we were also told that East Naples has a proposed overlay that's going to go potentially down 41, which would benefit us greatly. We were working -- there's a gentleman, his name's Jason; I have his last name in email. But we were working with him. He said that around July of 2023, that the overlay may be approved. Obviously, July has come and gone. The overlay's not approved. So we kind of abandoned all hope on having a restaurant there, which is when we also figured out, right around that time, is when fines were accruing. So we reached out to a general contractor who's been a friend of ours, and I believe in June he was able to finally get a permit, which took a very long time. In my personal opinion, I believe what happened was when they were doing the work to the trusses, somebody seen that there was work going on inside and thought that there was demolition inside there. When we bought the place, it was mangled from the fire and then also from whatever work they had to do to replace the trusses. Nothing was built in that place. It smelled like smoke. There was charred wood everywhere. You know, drop ceilings were ripped down. There was homeless people living in there. And the first couple things we did was basically just go in and clean everything up, make it safe, put locks on the door. And like I said, you know, through the process, we've accrued some fines that I would love nothing more than to be abated. BOARD MEMBER FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion today's operational costs of 59.77 do get paid within 30 days and that we deny the County their imposition of fines -- BOARD MEMBER ELROD: Second. BOARD MEMBER FUENTES: -- of $12,959.77 [sic]. BOARD MEMBER ELROD: I'll second that. CHAIRMAN KAUFMAN: We have a motion. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LATINO: Appreciate it. BOARD MEMBER FUENTES: The only thing you've got to do is pay today's operational costs. MR. LATINO: That's easy. Thank you very much, everybody. BOARD MEMBER ELROD: Thank you. CHAIRMAN KAUFMAN: Okay. Okay. Now we go back to the normal. MS. BUCHILLON: ***Under public hearings, D, hearings, No. 3, CEPM20230001023, Vincent Lennon and Ruth A. Lennon. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. PETERKIN: I do. CHAIRMAN KAUFMAN: Good morning. MR. CATHEY: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? You can put that up. You're taller than I am. Everybody's taller than I am. MR. PETERKIN: I am Durrell Peterkin. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Ryan Cathey, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Ryan, why don't you give us a description. MR. CATHEY: This is reference to Case No. CEPM20230001023 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-240(2)(m) and 22-228(1), section of storefront window broken and covered with wood. Located at 11655 Collier Boulevard, Naples, Florida 34116; Folio 35640720003. Service was given on June 13th, 2023. On February 3rd of 2023, while conducting a site inspection for Case CES20230001020, I observed a storefront window broken and covered with wood. Permit PRSD20220735256 was on file but in rejected status. I called and left a voicemail for the contractor on the permit, Frank. Later received a call back from the contractor, stated the permit was rejected as the Building Department was requiring hurricane windows or shutters. Contractor had received no response from the owners at this time. Notice of violation was served on June 13th. I later spoke with one of the owners, Vincent, who was aware of the issue and stated he was working towards fixing the window. The permit was being monitored and has remained rejected. Case was then prepared for hearing. On August 23rd, I spoke with Dustin Mitchell, a facility manager for a Rebel Gas Stations. He stated he's now taken on the project. As of today, the permit remains rejected and the violation remains. Case evidence: I have a photo taken by me from February 3rd of 2023 and one from August 23rd of 2023. CHAIRMAN KAUFMAN: Has the respondent seen the photo? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MR. PETERKIN: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the -- BOARD MEMBER ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: This is the first photo, February 3rd. This is the wood that they used to replace the broken section. And then from yesterday, August 23rd, they've since painted it black. CHAIRMAN KAUFMAN: Okay. I'm assuming that the code says that it has to be a hurricane window? MR. CATHEY: The code that was cited was for them to replace. CHAIRMAN KAUFMAN: Replace. MR. CATHEY: The window. CHAIRMAN KAUFMAN: The window. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. All right. Sir? MR. PETERKIN: Yes. And as of now, we are waiting on a decision. I think they're going to communicate with someone from a building division whether we have to replace all of the windows or just those two. And, Dustin, who's my boss, he should be getting to me on -- you know, there was all of that -- whether we're going to replace all of them or just those two. CHAIRMAN KAUFMAN: Okay. Your name is Daryl? MR. PETERKIN: Durrell. CHAIRMAN KAUFMAN: So -- BOARD MEMBER AYASUN: Durrell. CHAIRMAN KAUFMAN: Durrell, excuse me. Do you have the authorization to speak in behalf of the respondents? MR. PETERKIN: Yes. CHAIRMAN KAUFMAN: Okay. Now, when did the building permit -- when was the building permit issued? MR. CATHEY: It was applied for on July 22nd of 2022. It doesn't show that it was ever officially issued. It was set to expire February of this year. Permits have been extended per executive order. So at this time it's not officially expired but has remained in rejected status for some time. CHAIRMAN KAUFMAN: Okay. And you're saying that you've requested from the County do we need to replace that broken window or we need to replace all the windows? MR. PETERKIN: Yes, and to hurricane grade. CHAIRMAN KAUFMAN: Okay. Well -- MR. CATHEY: My conversation with Dustin Mitchell yesterday was to meet with the Building Department to confirm if all the windows need to be replaced with hurricane windows or if they are just able to replace the section that was broken. CHAIRMAN KAUFMAN: So where are we now? MR. CATHEY: I don't have that answer. CHAIRMAN KAUFMAN: Okay. MR. PETERKIN: One thing I can say is I'm going to be assigning a company named Owl (phonetic) to get started on at least replacements of the current broken windows. CHAIRMAN KAUFMAN: I would think that the contractor that you have that replaces the windows would know what needs to be done or not. That's their business. MR. CATHEY: When I spoke with the contractor on the permit, he stated that the Building Department told him that all the windows needed to be replaced, brought up to hurricane code. He had not received any direction from the owners as to what they wanted to do. So it's basically at a standstill. CHAIRMAN KAUFMAN: So the permit won't be issued unless -- well, the completion of the permit won't be granted unless all the windows are replaced; is that what I'm understanding? MR. CATHEY: I'll pull up the corrections letter. BOARD MEMBER ELROD: That's the question of -- CHAIRMAN KAUFMAN: Jeff will clear all this up for us. MR. CATHEY: The only thing the corrections letter says on here -- this was from William Craft with the Building Department: Florida Building Code, Seventh Edition, 2022, Chapter 16 structural design, Section 1609.1.2, provide opening protection for proposed nonimpact storefront. That's the verbiage from the corrections letter. CHAIRMAN KAUFMAN: That's general enough. MR. CATHEY: So -- CHAIRMAN KAUFMAN: Any ideas, Jeff? MR. LETOURNEAU: Bottom line, you've got a couple busted windows that are boarded over. That's the violation that we're presenting. The correction, I don't know. It could be all the windows. It could be those two windows; however, that's up for you to decide, you know, maybe on the amount of time you give them if you do find a violation. CHAIRMAN KAUFMAN: Okay. Well, to begin with, we have to determine whether a violation exists or not. Let's start with that. BOARD MEMBER ELROD: I'll make a motion that a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So have they given you a time frame on -- according to what Jeff has said, that the violation is for the broken windows. MR. PETERKIN: Okay. CHAIRMAN KAUFMAN: It has there's no violation on the other windows that are there. MR. PETERKIN: Okay. CHAIRMAN KAUFMAN: But the Building Department is saying something different. They're saying all the windows have to be replaced. So you have to have a meeting of the minds there. And I don't know how long it takes to get a meeting of the minds, but that's probably what will be in our order as to how much time you're given to get everybody to agree what needs to be done. Replacing a window takes a day. MR. PETERKIN: Okay. BOARD MEMBER FUENTES: Without a fine, it could take a lifetime. It's expensive. CHAIRMAN KAUFMAN: Yes. Okay. So does anybody want to take a shot at a motion? You have a suggestion for us -- MR. CATHEY: Yes. CHAIRMAN KAUFMAN: -- Ryan. MR. CATHEY: 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, 1, obtain all required Collier County building permits, inspections, and certificate of completion/occupancy for the damaged windows within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, alternatively, if a boarding certificate is obtained and the structure is boarded within seven days of this hearing, then the time required to complete the repairs, inspections, and obtain the certificate of completion/occupancy will be extended to and must be completed within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; And, No. 3, 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. Going over the boarding permit piece of what you read, if they obtain a boarding permit, that's good for seven days? MR. CATHEY: If they obtain it within seven days of this hearing, then the time can be extended to whatever the Board chooses to place there. CHAIRMAN KAUFMAN: Okay. Or we can -- the initial case, we can just put how much time we give right now. So it seems to me that -- MR. CATHEY: The seven days is pulled from the way the code is written. MR. LETOURNEAU: Yeah. Mr. Chairman, so when we issue a boarding certificate, it's good for six months. So, obviously, if you put a certain date on No. 1, you could add six months to No. 2 to cover for the period of the boarding certificate. CHAIRMAN KAUFMAN: It's just logical to me the window's going to get replaced. Give him enough time to decide whether they're going to replace that window or whatever the meeting of the minds is, and go from there. That would be my thought on it, which if you said on the -- on this case -- let me pick an arbitrary number. If I did 30 days to replace the window, get the powers that be to agree on what needs to be done and then have it done, you don't need a boarding. Doing boarding is just adding additional expense to the respondent to do the boarding. It buys them six months, and then they still have to replace the window. MR. LETOURNEAU: Correct. It's a time factor on the boarding. CHAIRMAN KAUFMAN: Right. So would anybody like to take a shot at filling in the blanks on this? BOARD MEMBER FUENTES: It's not in my pay grade. CHAIRMAN KAUFMAN: Yeah, it's not in your pay -- okay. I'll do it. So 59.28 -- I make a motion that 59.28 paid within 30 days, 30 days to replace the window that is in violation, or a fine of $50 a day after that. BOARD MEMBER RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: Does that meet your expectations, Jeff? MR. LETOURNEAU: Because -- because boarding is part of our ordinance, the County would actually like it if you guys would add No. 2 in there also because it is an option in our ordinances. CHAIRMAN KAUFMAN: Okay. And then, 2, if they apply and are granted a boarding permit within seven days of this hearing -- I'm trying to -- the same $50 fine would occur if it happens after that. But it just doesn't make any sense to do it that way, but... BOARD MEMBER RUBENSTEIN: All part of the same motion. MR. LETOURNEAU: You still have to put a date in there also on No. 2, so the boarding certificate -- CHAIRMAN KAUFMAN: That would be thirty-seven days, right? MR. LETOURNEAU: It's whatever date you want to put in there. I'm just going to reiterate that the boarding certificate is issued for six months, and, traditionally, if you got the boarding certificate and we went out and inspected it and it looked good, it would be, like, six months plus 30 days; however, you guys have the, you know -- CHAIRMAN KAUFMAN: Okay. We'll make it six months for the time frame on the boarding certificate, six months, and then the other one would come in the seven days. MR. LETOURNEAU: Okay. Six months to get -- if you get the boarding certificate in seven days issued, then you have six months to get the whole thing repaired, get the permit, get the inspection, and get the certificate of completion on the windows. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: It's just confusing, and common sense says that's a waste of money. MR. LETOURNEAU: Yes and no, because I think sometimes that a boarding certificate can buy the property owner some time to, you know, get into compliance a lot easier. If the permit does run into some snags, they can pay the 250 for the boarding certificate, and that buys them that six months to maybe have to replace all the windows, like he said, or whatever occurs. CHAIRMAN KAUFMAN: Yeah, the boarding certificate will wind up costing more than the window. Okay. And you seconded it? BOARD MEMBER RUBENSTEIN: I believe I did. CHAIRMAN KAUFMAN: Yes, you did. BOARD MEMBER RUBENSTEIN: I have a question for the respondent. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Do you have insurance on the building that covers glass breakage? MR. PETERKIN: I don't believe so. I'm not 100 percent sure myself. BOARD MEMBER FUENTES: He's not the owner, so I don't think he would know the policy. BOARD MEMBER RUBENSTEIN: Huh? BOARD MEMBER FUENTES: He's not the owner. BOARD MEMBER AYASUN: He's not the owner. BOARD MEMBER RUBENSTEIN: Oh. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: It carries unanimously. THE COURT REPORTER: Are you -- wait. Are you for or against? BOARD MEMBER FUENTES: I'm against. CHAIRMAN KAUFMAN: He just wants to be contrary. Okay. Thanks, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. Get those people together and decide what you're doing. MR. PETERKIN: Okay. MS. BUCHILLON: Do you want to keep going, or we're going to do a break for Terri? CHAIRMAN KAUFMAN: Yes. I'm sorry, Terri. We're going to take 15 minutes. (A brief recess was had from 10:34 a.m. to 10:54 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay, Helen. MS. BUCHILLON: ***Okay. We have a little change. We are going to go all the way to the back of the agenda under D, motion to amend previously issued order, No. 2, CESD20180004425, Maria C. Ramirez. Do you want me to go ahead and tell you what the change is? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: It will be on Page 2 of the previously issued order on January 27, 2022, under order, B, daily fines of 100 per day are assessed and imposed against respondent for 734 days for the period from January 25th, 2020, to January 27th, 2022, for a total fine amount of $110,000. So we are just correcting the amount of days and the date from where it started. CHAIRMAN KAUFMAN: Which showed on our sheet -- is this the one -- no, this is not the one. MS. BUCHILLON: I'm not sure if I put a copy of the whole -- BOARD MEMBER FUENTES: What was the fine amount? MS. BUCHILLON: The fine amount is correct. We're just changing the days and the start date. CHAIRMAN KAUFMAN: Okay. So that's basically a scrivener's errors. MS. BUCHILLON: Scrivener's errors, yes, sir. CHAIRMAN KAUFMAN: So I don't think there's a big deal. Why don't we just make a motion to correct the scrivener's errors. MS. BUCHILLON: Yes, sir. BOARD MEMBER ELROD: Motion to correct the error. BOARD MEMBER FUENTES: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: Thank you. MR. LETOURNEAU: Did the respondents understand what just happened? MS. BUCHILLON: I explained it to them when we came up here. MR. LETOURNEAU: Okay. MR. NOELL: And then do you have any comment for the Board or anything? MR. RAMIREZ: No, sir. MR. NOELL: And what was your name, sir? MR. RAMIREZ: Guillermo. MR. NOELL: Okay. And what's your relation to the respondent? MR. RAMIREZ: Son. MR. NOELL: Okay. And you have permission to speak on her behalf? MR. RAMIREZ: Yes. MR. NOELL: Okay, thank you. MR. RAMIREZ: Thank you. MS. BUCHILLON: Thank you. MS. RAMIREZ: Thank you. MS. BUCHILLON: ***And we're going to start under old business, B, motion for imposition of fines and liens, No. 2, CESD20210011366, Timothy Dezego and Robin Dezego. MR. MILLER: Do you want to take another short break? All the computers are rebooting. Let me go to the control room so I can set it up. Just take a short break. I'll come back and fix it. CHAIRMAN KAUFMAN: Okay. We're going to take another break from our previous break. We're back. (A brief recess was had.) MS. BUCHILLON: We're back. CHAIRMAN KAUFMAN: Okay. So much for the short break. Sir, if you would, state your name on the microphone for us please. MR. DEZEGO: Timothy Dezego. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. DEZEGO: I do. MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Okay. John, do you want to give us the lowdown on this case? MR. JOHNSON: Yes, sir. Past orders: On June 23rd, 2022, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6155, PG1570, for more information. On May 25th, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. This violation has been abated as of June 27th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from December 24th, 2022, to June 27th, 2023, 186 days, for a total fine amount of $46,500. Previously assessed operational costs of $59.21 and $59.28 have been paid. Operational costs for today's hearing, $59.49. Bringing a total amount to $46,559.49. The gravity of the violation: There are no health/safety factors here. Action taken by violator to correct: The property owner obtained a building permit for the carport and overhang. The building permit has been finaled. Previous violations committed by the respondent: None. Any other relevant factors: The building permit passed its final inspection on September 23rd, 2022. One of the conditions to finalize the building permit was the owner to provide a spot survey. The delay in receiving the certificate of completion was caused by the post-Hurricane Ian very limited availability of surveyors who will take on a spot-survey-only job. CHAIRMAN KAUFMAN: Okay. Sir. MR. DEZEGO: Yes. I am here to ask the Board kindly to waive the fines that have been accruing. I built the carport for my wife for our anniversary, and it's turned into nothing but a nightmare since then. Obviously, I didn't know I needed a permit for it to start. Once I received the violation, I immediately went down to get a permit for it. When I did the permit originally, that was just the start of the nightmare. The County said that I couldn't have a carport in front of my house, and there were plenty of other houses that had it, so I didn't understand. After several months of going back and forth with Zoning, they finally -- and I talked to Renald Paul. They finally realized that there was a misinterpretation of one the codes or something, and I was allowed to have it. So then the process continued, and then I needed a spot survey. And so I called my original survey company that did the house when I purchased the house, and they said they were very busy, and it was just very hard in Collier County for an individual to get a survey, even just a regular survey done. You know, if you're a builder or real estate agent or something, they're backed up. But just for an individual to do it, it's almost impossible. I finally got them -- well, I got on their schedule to get the survey done. They didn't show up. I got them on the schedule again. When I called them, they said, okay, we'll do it in a couple weeks. They didn't do it again. After three times of them not showing up, I just scoured the market to try to get anybody to come do the survey. Every person that I called said you have to have your original survey company do it; otherwise, we have to do an entire survey instead of just a spot survey. So I went back to the original survey company, and they finally -- I finally got them again on my schedule and they finally did -- after begging them, they come out and did the actual spot survey. When I turned the spot survey into the County, they were missing some information on it. They did the survey with the roofline of the carport, and because there's an overhang that's allowed, the roofline doesn't show -- the roofline showed that it was not far enough back from the setback, but it actually was. If the survey had showed the structure, the posts of the structure, it was not in violation. The County said that they -- so I had to have a new survey done, or I had to have the survey fixed. Well, it was a hard enough to get them out there the first time. It was almost near impossible to get them to come fix something that they didn't do correctly. So just -- time just kept going on, I guess. I just kept trying to get this survey done. And so I decided I'll just pay for a whole survey or whatever I need to do. I got a local person here that was closest to my house to get on his schedule to come do it. I can't make this up. Literally, two different times he did not show up to do the survey. And I finally got -- I communicated with Mr. Johnson the entire time that this whole process has been going on. I finally got somebody else to come out and do the spot survey and do it correctly, and that's where I'm at right now. BOARD MEMBER FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion that the costs for today's operation -- I'm sorry. The operational costs for today get paid within 30 days of $59.49 and that we reduce the -- we reduce the total amount of $46,559.49 down to $500. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: One opposed. Okay. So that's a $41,000 reduction. MR. DEZEGO: Thank you. CHAIRMAN KAUFMAN: Okay. And next time you want to do something for your wife, get a permit. MR. DEZEGO: They say happy wife, happy life. This has been a nightmare for me. She might still be happy, but -- thank you. MS. BUCHILLON: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***All right. Next case under imposition of fines, No. 4, CESD20210005400, Ronnie Haar. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: Yes. MR. HAAR: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. HAAR: My name is Ronald Allan Haar, Jr. CHAIRMAN KAUFMAN: Okay. You want to read this case into the record for us, please? MR. OWEN: For the record, Brian Owen, code enforcement investigator. Past orders: On August 25th, 2022, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6175, PG2667, for more information. On January 26th, 2022, the Code Enforcement 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 August 24th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day from a period of November 24th, 2022, to August 24th, 2023, 274 days, for a total fine amount of $41,100. Fines continue to accrue. Previous assessment operational costs of $59.28 have been paid. Operational costs for today are $59.56, for a total fine of $41,159.56. CHAIRMAN KAUFMAN: Okay. Sir. MR. HAAR: Good morning. Yeah, Ronnie Haar here. I'm just asking for another continuance. Since I was here in January, I've -- the drawer of my drawings had a heart attack. I had to update them from 2017 to 2020. It's been nightmare-ish with him. But I've reapplied for a permit. I've got everything completed besides the drawings now are still unrecognizable by the County with the signature. It's an issue we're having right there. But I've paid for new truss drawings, new septic system, all the stuff I've had to do. Everything's in besides -- well, the drawings are in. They just can't read them at the county, and I'm trying to get that rectified right now, because you have to have a verified E signature on there. That's the only issue I've had. CHAIRMAN KAUFMAN: Is this a whole new house that was built or -- MR. HAAR: I had -- I bought the property, and it was built on the wrong property. The survey surveyed incorrectly. So I brought a property with a slab on it, and so I've inherited a mess. And I applied for a permit and couldn't get it done. With, you know, COVID and all this stuff and everything, all the material went crazy, so I kind of put it to the side burn. And I didn't realize that you couldn't just have a permit abandoned, and you can't cancel a permit when there's a structure that's already been built, and I didn't build it. Ignorance is what I have here. BOARD MEMBER FUENTES: You inherited the problem. MR. HAAR: I inherited the problem, and I never -- and like I said, I've been trying to get it rectified because I do want to build it. I have funding in place now, because it's hard to get funding on somebody that's already started to build, too. Didn't know that either, so... CHAIRMAN KAUFMAN: How much time do you think you need? MR. HAAR: Well, permitting is what I'm going through right now. Then I'm going to start building immediately. Trusses are paid for. Block is paid for. I would think six months to get a house done. That's kind of quick, but... CHAIRMAN KAUFMAN: Jeff, are we talking about till CO? MR. LETOURNEAU: Yes, we are talking about the CO. We have no objection for six months at this point as long as Mr. Haar is working diligently to get it completed by then. BOARD MEMBER FUENTES: Would you be against a longer period? MR. LETOURNEAU: No. BOARD MEMBER FUENTES: Okay. Because assuming he has to build this entire structure, he's going to need time. MR. LETOURNEAU: Yeah. He's somewhat a victim of circumstances at this point. BOARD MEMBER FUENTES: Yeah, it happens, I get it, especially in Golden Gate City. MR. HAAR: Yep. BOARD MEMBER FUENTES: Yeah. I'd like to make a motion that we give him a continuance of one year and that the fines today of $59.56 do need to be paid within 30 days. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck on your construction. MR. HAAR: Thank you. Appreciate it. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: ***Brings us to -- next case would be No. 8, CESD20200003738, Yolanda Machado and David R. Cruz. CHAIRMAN KAUFMAN: Is this a hearing or an imposition? MS. BUCHILLON: Imposition. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MR. CABRERA: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CRUZ: Yes, I do. MR. HOLMES: I do. MR. CABRERA: I do. THE COURT REPORTER: And I need your name. MR. CABRERA: Sergio, S-e-r-g-i-o. Last name C-a-b-r-e-r-a. THE COURT REPORTER: And his name? MR. CRUZ: David. MR. CABRERA: David Cruz. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, both of you. MR. CABRERA: My name is Sergio. CHAIRMAN KAUFMAN: Sergio? MR. CABRERA: Yes. MR. CRUZ: My name is David. CHAIRMAN KAUFMAN: And David, yes. Who is Machado? MR. CRUZ: Me. MR. CABRERA: His full name is David Cruz Machado. CHAIRMAN KAUFMAN: He gets extra credit for an extra name, okay. Okay. Do you want to read this into the record for us? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On October 29th, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6071, Page 3, for more information. The violation has been abated as of July 17th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from December 29th, 2021, to July 17th, 2023, 566 days, for a total fine amount of $84,900. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount: $84,959.42. The gravity of the violation: This not a health and safety violation. Actions taken by the violator to correct: They obtained a den/office/lanai Permit No. PRBD20200520562 that was finaled on July 17th, 2023, and Shed Permit PRBD20190833590, which was finaled on June 8th of 2022. Previously -- previous violations committed by the respondent/violator: There were none. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So our sheets showed that the operation -- assessed costs have not been paid. That's incorrect, or they've been paid since then? MR. HOLMES: They were paid this morning. CHAIRMAN KAUFMAN: Okay. And that the -- total amount again, could you read that. MR. HOLMES: $84,959.42. CHAIRMAN KAUFMAN: Okay. That's different on my sheet also. MR. HOLMES: Yes. Reflective of the paid operational costs previous. CHAIRMAN KAUFMAN: Okay. All right. MR. CABRERA: Okay. So basically the -- why it took so long to get the permit closed was because they were working with the company that's called Asset Designs. And when they started the permit, they were giving Mr. David a whole bunch of excuses of why they couldn't get the permit to move along. He would go there every week, and they kept on saying that they could contact the inspectors, that the County was moving slow, this and that, and they couldn't get another person to get on the permit to get it to move because they paid the guy, like, over 4,000 bucks -- dollars to get the permit closed and everything. So they had to stay with this guy, with this company. And so there was a time when we -- because first we were talking to Bill. I think he's one of the persons who works on the County, and he keep telling us to try to get another guy but, like I said, they already invested a lot of money with this other company, Asset Designs. And so after a while, he decided to move to another guy -- his name is Herminio -- who he started to get the permit to move along, and that's when they were able to get the permit to close. But they were also taking a little bit longer because some of the stuff that they needed to get the permit closed was some engineering letters that they were taking a while to get them from the engineering guy. And so they would -- you know, they were trying to get this thing to get it closed as soon as possible, and also they were not aware about the fees that they were going -- that they were getting each day, so it came to a surprise to them that -- the amount that they have to pay. CHAIRMAN KAUFMAN: Okay. This started two years ago. MR. CABRERA: Yes. CHAIRMAN KAUFMAN: So this was a lanai or a canopy for the lanai or both? MR. CABRERA: Yeah. It's a lanai. It's, like, an addition on the back. CHAIRMAN KAUFMAN: Okay. That was done without a permit -- MR. CABRERA: Without a permit. CHAIRMAN KAUFMAN: -- initially. MR. CABRERA: Yes, initially. CHAIRMAN KAUFMAN: Okay. MR. CABRERA: And so, like I said, Asset Designs, they were taking, like, a long, long time. Every time he went out there, they kept on saying, no, we need to talk to the inspector. The County's moving slow. This is the way it works. And like I said, they paid a hefty amount of money to get this thing moving, but they just couldn't get an answer from these people. CHAIRMAN KAUFMAN: You can build a small hotel in two years. MR. CABRERA: Yes. CHAIRMAN KAUFMAN: Okay. Okay. Do you want to make a motion? BOARD MEMBER FUENTES: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Okay. It's a long time since this was written. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: And I think from listening to what you said, there's been some communication problems with different people, okay. It doesn't take almost two years to get a building permit for something like this. So where's the fault lie? With him? With us? Maybe a little bit of both. I'm not sure. But the reason that they write these fines is because there was a violation, and, you know, it finally has been fixed and concluded; finally. You could buy a lot of sheds and canopies for $85,000. MR. CABRERA: The shed permit, I don't think there was any -- much of a problem to get that thing -- to get it up to code, and I think that the thing that took the longest was the addition that was done to the house, because since there was no permit from the beginning, they couldn't rip apart the whole addition on the back. So like I said, the Asset Designs, they kept on saying we have to get a letter from this engineering. We have to talk to the inspectors and, like I said, they did not know that there was fees to be paid each day that passed by or else they would have gone to somebody else. They were not aware of anything. So every time they went out there, the owner of the company, Asset Designs, they were either on vacation or they only had, like -- they only have two secretaries in the front that they take the messages from the people. BOARD MEMBER RUBENSTEIN: Did he do the building, the actual building of this, or did he hire a company to do it? MR. CABRERA: No. Demolight (phonetic) Construction. BOARD MEMBER RUBENSTEIN: I'm sorry? MR. CABRERA: It was Demolight Construction. BOARD MEMBER AYASUN: It's a construction company. BOARD MEMBER RUBENSTEIN: Okay. All right. Thank you. I'd like to make a motion to reduce the fine from the 84,000 and change to $5,000, plus the operational costs for today of 59.42. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: To be paid in 30 days, the fines. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Yep. CHAIRMAN KAUFMAN: Okay. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Okay. The fines have been reduced by $80,000, approximately. The fine is 5,000 plus the costs of 59.42. Okay. MR. CABRERA: Thank you very much. CHAIRMAN KAUFMAN: Thank you. As Joe Mucha makes his way down... MS. BUCHILLON: ***Next case, No. 9 CESD20190012596, Dezilia Vital. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. D. VITAL: Yes. MS. M. VITAL: Yes. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MS. M. VITAL: My name is Marie Vital. I am Dezilia's daughter. CHAIRMAN KAUFMAN: Okay. And your name? MS. M. VITAL: Dezilia Vital. CHAIRMAN KAUFMAN: You got that, Terri? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Joe, you want to read this into the record for us? MR. MUCHA: Yes. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On August 27th of 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6034, Page 3558, for more information. On August 23rd of 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 August 24th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from October 27th of 2021, to August 24th of 2023, for 667 days, for a total fine amount of $100,050. Fines continue to accrue. 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 $100,109.42. CHAIRMAN KAUFMAN: Okay. Ma'am. MS. M. VITAL: Okay. So when my mom started to do the bathroom repair in the house, she had hired a contractor -- or an independent contractor to basically turn one bathroom and put a wall in the middle to make it into two. When he first started working with the bathroom, he had notified her that she didn't need a permit because it wasn't like she was building a new room; she was just adding a wall in the middle. Fast forward, one of the -- I want to say supervisor. One of the people that drives around to see if everything's up to code and up to date swung by and was telling me that the vehicle that we had parked at the house wasn't supposed to be there. I notified them we were doing some work, and that's when I was told we had to get a permit. Every time we were doing anything with the permits or related to coming here, my mother would tell the contractor, and he would step in or show up and do everything that needed to be done. So we ended up having to redo the bathrooms because everything that he did was just not done right at all. So now my boyfriend is currently working on the bathrooms. And I believe she just wants an extension for, I would say, really not even 90 days, because when we took the walls down and everything, instead of using, I guess, the proper materials that he was supposed to use for the shower, he used drywall, which ended up causing a bunch of mold. So we had to just take everything apart. Woods that he placed down were not screwed properly the way he was supposed to, I guess, seal everything to keep it from getting water damage; everything was water damaged. So, pretty much, we're redoing everything. One of the bathrooms is complete. Today I'm going to be setting up an appointment so they can come and do the inspections and, honestly, within two -- two to three weeks, the other one should be done. BOARD MEMBER FUENTES: So you're close to having the permit CO'ed is what you're saying? MS. M. VITAL: Uh-huh. BOARD MEMBER FUENTES: The last time that she was here, we did grant her time. MS. M. VITAL: Uh-huh. BOARD MEMBER FUENTES: I guess if we do it again, it would probably be the last time before we impose it. I want to try to help, and I understand that things happen, and I do believe last time we did that for her, but -- MS. M. VITAL: Yeah. Because I had to step in because when she would communicate with him about the stuff on the permits that needed to be checked -- because he notified her telling her that the inspection was done and that everything was completed. So when she was getting the letters in the mail about appearing, she was confused for what because he told her that everything -- the inspections were done. So I had to step in and just figure out everything -- BOARD MEMBER FUENTES: Oh, and we appreciate you making the effort. MS. M. VITAL: -- because -- and Joe -- not Joe. Joe sent me an email of the actual inspections that needs to be done and that weren't completed yet, so my boyfriend's just going over those, and he's been taking pictures of everything from when he demoed it and took down the previous work to the new work that he's doing now. CHAIRMAN KAUFMAN: Is he licensed? MS. M. VITAL: Yes. BOARD MEMBER FUENTES: And we appreciate you trying to come into compliance. I'd like to make a motion that today's operational costs of $59.28 do get paid within 30 days. MS. M. VITAL: Okay. BOARD MEMBER FUENTES: And due to the fact that we've already given so many continuances, the best that I think we could do here would probably be just grant another 30 days. MS. M. VITAL: That's perfect, yeah. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. I'll second that. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we'll see you in a month. MS. M. VITAL: Thank you. MS. D. VITAL: Thank you. CHAIRMAN KAUFMAN: Hopefully it will all get done. MS. D. VITAL: Thank you. MR. MUCHA: Thank you. MS. BUCHILLON: Next case. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Number 10, CESD20220001438, Francisco Santiago Ramirez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. LOPEZ: Yes. MS. BLANCO: Yes. CHAIRMAN KAUFMAN: Could you both state your name on the microphone for us, please. MR. LOPEZ: Okay. My name is Javier Lopez. I'm here to represent my cousin. MS. BLANCO: And I'm Margaret Blanco. I'm here to interpret. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MS. BLANCO: Yes, I do. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, please. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On April 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6130, PG2953, for more information. The violation has not been abated as of August 24th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $70 per day for a period of -- from October 29th, 2022, to August 24th, 2023, 300 days, for a total fine amount, $21,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing: 59.35. Total amount: $21,059.35. CHAIRMAN KAUFMAN: Okay. MS. BLANCO: Okay. Well, this is about Francisco. He's not here today, and he's the owner of the property. Javier is his cousin, and he's trying to take care of this for him. At the time that they first came here, they gave him time to take care of the problem. So meanwhile, they had gotten an architect -- Francisco had gotten an architect to do out the plans to make it right. The architect took his time. He submitted many permits during the -- this whole time, and they kept coming back rejected. Nothing got done. He just kept going over and over and over. Time was flying. And then Francisco had a family emergency and had to leave the country. And now we're just -- he decided let's just forget about it. The money was -- he had paid a lot of money for this architect, for the plans, and nothing ever not done. So they decided to just get a permit for demolishing the part that they needed to get rid of, and Javier is ready to do that, get it done. CHAIRMAN KAUFMAN: Okay. And he has the permit for -- the demo permit? MS. BLANCO: Well, we're waiting for Francisco. He has to come back to get that permit. BOARD MEMBER FUENTES: Am I looking at the wrong one? It says violation has been abated. MR. PITURA: Violation has not been abated. BOARD MEMBER AYASUN: Not been abated. CHAIRMAN KAUFMAN: You're on -- BOARD MEMBER FUENTES: I'm on the wrong one. CHAIRMAN KAUFMAN: Okay. Okay. So he's going to demo -- MS. BLANCO: Yes. CHAIRMAN KAUFMAN: -- what was done? MS. BLANCO: What was done, yes. CHAIRMAN KAUFMAN: Okay. And it was a carport? MS. BLANCO: Yes. CHAIRMAN KAUFMAN: With a roof on it? MS. BLANCO: Yes. BOARD MEMBER ELROD: When is he expected back in the country? MS. BLANCO: He's supposed to be back in October. MR. NOELL: And, ma'am, he knows that you're here today -- MS. BLANCO: Yes. MR. NOELL: -- at this hearing, and he has asked you to speak on his behalf today? MS. BLANCO: Yes. He has, yes. CHAIRMAN KAUFMAN: Okay. The time frame is up in the air. October is -- BOARD MEMBER FUENTES: Two months away. CHAIRMAN KAUFMAN: Yeah, we're not far away from it. So we have no meeting in November. We do have a meeting in December; is that correct, Helen? MS. BUCHILLON: We have a meeting in November 17. CHAIRMAN KAUFMAN: Oh, we do. Okay. MS. BUCHILLON: December we have no meeting. CHAIRMAN KAUFMAN: December is no meeting? MS. BUCHILLON: Yes, no meeting. CHAIRMAN KAUFMAN: So that would be, like, a 60-day -- BOARD MEMBER FUENTES: But the problem is we've got a violation in place. CHAIRMAN KAUFMAN: So it would be a continuance. BOARD MEMBER FUENTES: I mean, he left the state. But we still have a violation that's not being taken care of, and now we have to grant a continuance due to someone not being here for his own hearing that has been here since 2022, over a year ago. CHAIRMAN KAUFMAN: Well, it's still in violation, and since it's still in violation, our hands are tied to either granting a continuance or imposing the fine. BOARD MEMBER FUENTES: I think impose. That's my opinion. CHAIRMAN KAUFMAN: Okay. Anybody else have an opinion? BOARD MEMBER ELROD: It's not a health-and-safety issue, and he had a family emergency. CHAIRMAN KAUFMAN: Lee? BOARD MEMBER RUBENSTEIN: I'd like to make a motion that the costs of today of 59.35 be collected, and the amount of 21,000 be reduced to $3,100. CHAIRMAN KAUFMAN: Now, hold on a second. We can't -- we can only -- this case is not in compliance. BOARD MEMBER AYASUN: Continuance. CHAIRMAN KAUFMAN: So it's -- we can continue it, or we could impose it. So you want to impose that number that you're coming up with? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. I just wanted to understand it. Jeff, you have a puzzled look on your face. MR. LETOURNEAU: Well, I just was puzzled. You normally don't reduce an imposition when the violation's still continuing. BOARD MEMBER RUBENSTEIN: Yeah, the violation still exists. MR. LETOURNEAU: Right. And if you did impose at this point, the fines would continue to accrue. BOARD MEMBER RUBENSTEIN: They will. But the 21- has been proposed to be reduced to 3,100. BOARD MEMBER FUENTES: No. The violation still -- that would be for the next time he abates the violation. BOARD MEMBER RUBENSTEIN: I'm sorry? BOARD MEMBER FUENTES: It would when he abates the violation that maybe we can address that. But right now we've still got an amount that's accruing, so it's still adding on. The question is, do we give him time, or do we impose the fines? CHAIRMAN KAUFMAN: Right. That's typically what we do, so -- BOARD MEMBER RUBENSTEIN: All right. I'll rescind my motion. CHAIRMAN KAUFMAN: Do you want to make a motion? BOARD MEMBER FUENTES: No, because it's going to be a mean one. I'm waiting for somebody else to tag along. BOARD MEMBER ELROD: I'll make a motion that we give him until the November hearing to abate the fine -- or to abate the violation. CHAIRMAN KAUFMAN: So you want to do a continuance? BOARD MEMBER ELROD: Pay the 59.35 in 30 days and then continue until our November meeting. CHAIRMAN KAUFMAN: Okay. That's -- I'd second that. BOARD MEMBER AYASUN: And the fines continue. CHAIRMAN KAUFMAN: Yes, they do. BOARD MEMBER RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: Okay. We have two seconds. BOARD MEMBER RUBENSTEIN: Sorry. CHAIRMAN KAUFMAN: That's okay. It won't hurt my feelings. I only have so many seconds left in me. Okay. We have a motion, and we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. One nay. So I hope he comes back in -- for the November meeting, because I could probably take a pretty good guess of what would happen if he doesn't. The fines will continue to go up $70 a day. So it's unfortunate that he isn't here, because we could have resolved everything. MS. BLANCO: Yes. And I know it will be resolved when we come back. CHAIRMAN KAUFMAN: Okay. MS. BLANCO: Thank you so much. CHAIRMAN KAUFMAN: Thank you. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Bye now. MS. BUCHILLON: All we have left is one more order to amend. CHAIRMAN KAUFMAN: Okay. Tom, are you going to -- MS. BUCHILLON: ***Okay. Under motion to amend previously issued order, No. 1, CEROW20210008921, Dominick Lento and Alycia Lento. CHAIRMAN KAUFMAN: Okay. This is a right-of-way deal? MS. BUCHILLON: Yes. It's the order on May 26th, 2022, on Page 2, under order, B, the daily fines of 200 per day are assessed and imposed against respondent for 109 days for the period from November 24, 2021, to March 2nd, 2022, for a total fine amount of $21,800. That should be the correct amount. CHAIRMAN KAUFMAN: What was the incorrect amount? MS. BUCHILLON: The incorrect amount was 21,600. CHAIRMAN KAUFMAN: So it was an arithmetic error? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Scrivener's errors. MS. BUCHILLON: Scrivener's errors, yes, sir. CHAIRMAN KAUFMAN: Anybody want to make a motion to -- MR. NOELL: If I may, Mr. Chairman. Just for the record, just a finding that notice was provided to the individual for today's hearing, and he or she failed to appear. MS. BUCHILLON: If I may, for the record, respondents were notified regular and certified mail on August 8th, 2023. It was also posted at the property and courthouse August 8th, 2023. CHAIRMAN KAUFMAN: Okay. And the record shows the respondent is not present. MS. BUCHILLON: Right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the change. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Yes. Motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So are we done? MS. BUCHILLON: Yes, sir. Just the memorandum for the foreclosure authorization. CHAIRMAN KAUFMAN: Do we have to do anything on that, or is that just -- MS. BUCHILLON: No. It's just approve it. CHAIRMAN KAUFMAN: Just a notification to us that they're -- a foreclosure on Carlisle Wilson Plaza. That was a $104,000 fine that was reduced to 18,000, which I guess they didn't pay. And Steven Thomas -- BOARD MEMBER ELROD: That's homesteaded. CHAIRMAN KAUFMAN: $118.49. MS. BUCHILLON: Which is operational costs. CHAIRMAN KAUFMAN: That's it? MS. BUCHILLON: Yes. MR. NOELL: And I would just ask for a motion and a vote on approving that it gets sent to the County Attorney's Office for whatever legal action. CHAIRMAN KAUFMAN: Where's my motion maker over there? BOARD MEMBER ELROD: I'll make a motion that it gets sent to the attorney's office. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: One nay. I'll slap him. BOARD MEMBER ELROD: Let me get a camera. CHAIRMAN KAUFMAN: On this one here, I'm curious. We don't do many foreclosures. We don't do any foreclosures on homesteaded property. And there's $118.49. It just seems strange to me. Seem strange to you, too? MR. NOELL: Well, you know, I can't really speak to it. I know the County Attorney's Office will take whatever action they deem appropriate, because it is going to be kind of in their discretion. That seems like an odd number, but, you know, I don't want to speak for their office because I don't know what -- how they would handle that, so... CHAIRMAN KAUFMAN: So, Lee, I know you had asked at one time, how long does this stuff take? The hearing date on that was July of last -- of 2022, and the other one was March of 2022. So the wheels turn slowly, I'll just mention that. And with me -- with my little speech, we are adjourned. BOARD MEMBER RUBENSTEIN: I was going to -- before we adjourn. CHAIRMAN KAUFMAN: Before we adjourn. BOARD MEMBER RUBENSTEIN: Can the County update us on that case from last month, the open pool home that we requested immediate fencing? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. The property owner did put up the temporary barrier the following day, so they came into compliance with that part of the order right there. They still have to get the permanent; however, it does have the temporary barrier. BOARD MEMBER RUBENSTEIN: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:45 a.m. CODE ENFORCEMENT BOARD ______________________________ ROBERT KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK __________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, August 24, 2023 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Kevin Johnson, Alternate ABSENT: Sue Curley Manmohan "Bart" N. Bhatla James York, Alternate ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board P R O C E E D I N G S CHAIRMAN KAUFMAN: Good morning, everyone. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I hope you all understand that. We're going to start out with the Pledge. All stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Here he is. BOARD MEMBER AYASUN: You made it for the roll call. CHAIRMAN KAUFMAN: Helen, start out with the roll call now that John has come in. And I don't want to embarrass him too much about being late, but... MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley is excused. Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla is excused. Mr. James York is also excused. Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. CHAIRMAN KAUFMAN: Okay. And Kevin will be a full voting member today. Which brings us to our agenda. The approval of the minutes I'll do first. I've signed the minutes, unless anybody has any changes. They were sent out, I believe, yesterday. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Yeah. Okay. I actually read through them all, and no changes. So can we get a motion from the Board to accept the minutes? BOARD MEMBER AYASUN: Let's accept -- BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now we're on the agenda. MS. BUCHILLON: Okay. We have some stipulations. Under public hearings, No. 1, CESD20220011340, Weston -- William J. Weston Bayes PR. Number 2, CEV20230003139, Susan Weems. Number 4, CESD20230000280, Gloria May. Those are all the stipulations for now. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I make a motion to accept the -- CHAIRMAN KAUFMAN: Well, hold on one second. BOARD MEMBER ELROD: Oh darn. CHAIRMAN KAUFMAN: We have to finish the agenda. This is just a pause. BOARD MEMBER ELROD: Okay. CHAIRMAN KAUFMAN: Do we have any other changes, Helen? MS. BUCHILLON: Yes, we do. We have some withdrawns. Under public hearings, D, hearings, No. 5, CELU20230003897, Debbie Bello Lopez and Ramon Lopez, has been withdrawn due to compliance efforts. Under motion for imposition of fines and liens. CHAIRMAN KAUFMAN: Let me stop you one second. There are three of those cases. Just that first one is -- MS. BUCHILLON: Just the first one is withdrawn, yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under motion for imposition of fines and liens, No. 3, CEV20230001500, Gloria May, has been withdrawn and will be rescheduled for the September 28 hearing. Number 5, CEAU20220005893, Yanelis Hernandez and Eliecer Ramirez, has been withdrawn due to a family emergency. Number 6, CEVR20200013095, KSWFL Homesites, LLC, has been withdrawn and will be rescheduled for the September 28th hearing. And those are all the withdrawns. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the agenda as modified. BOARD MEMBER ELROD: I'll make a motion to accept the agenda. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we're going to start out with the first stipulation. MS. BUCHILLON: Do you want to start with stipulations or the motion for extension of time? CHAIRMAN KAUFMAN: Let's do the motion for extension of times first. MS. BUCHILLON: ***Okay. Under public hearings, A, motions, motion for extension of time, No. 1, CEVR20200002859, Leslet Jean Charles and Anne-Rose Jean Charles. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. JEAN CHARLES: I do. CHAIRMAN KAUFMAN: Okay. Can you put your name on the microphone for us, please. MR. JEAN CHARLES: Leslet Jean Charles. CHAIRMAN KAUFMAN: Okay. And you're requesting an extension to change the date on your hearing? MR. JEAN CHARLES: No, I just -- CHAIRMAN KAUFMAN: Extension. MR. JEAN CHARLES: -- request an extension because they just issued the permit for -- plus my extension was expired, I believe, last month -- last April. CHAIRMAN KAUFMAN: Okay. So you don't want the case heard today; you want to move it out? MR. JEAN CHARLES: Actually, this was expired. So I just got the permit. They give me a couple years' extension, but because we're in the middle of the pandemic, I just got the permit. But it was completely slowed down, so I -- Collier County just issued a permit right now. So I need an extension to complete the project. CHAIRMAN KAUFMAN: Okay. I understand. Let me go to the County. MR. MARINOS: Yes. The case has been accruing fines since April. He had a two-year finding of fact originally for a land-clearing violation. He's got a building permit application that is in and ready for -- ready for issuance but it's not currently issued. He's asking for time to get that permit issued so that the land clearing can be -- so the case can be abated and closed. CHAIRMAN KAUFMAN: So you'll have the -- right now he doesn't have that? MR. MARINOS: It's not currently issued, but it's ready to go. MR. JEAN CHARLES: Yeah, it's ready to pick up, for pick up. CHAIRMAN KAUFMAN: Okay. And you have no objection to his -- we need to extend this, then, until he has that document? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any comments, Jeff? MR. LETOURNEAU: No, sir. CHAIRMAN KAUFMAN: Okay. So you're looking for, let's say, a 30-day extension of time. MR. JEAN CHARLES: To pick up the permit. CHAIRMAN KAUFMAN: And then when you come back after 30 days, because it's an open case, you can say I have a building permit on the lot, which will put you in compliance, and we can dispose of the case at that time. MR. JEAN CHARLES: Okay. So I don't need a specific time to complete the project? It's not issued after 30 days? CHAIRMAN KAUFMAN: We're not hearing it now. MR. JEAN CHARLES: Okay. CHAIRMAN KAUFMAN: What we're doing is we're trying to get to the point where you're in compliance, because right now you're not, okay. Am I clear to you, Jeff? MR. LETOURNEAU: You are, yes. MR. NOELL: And just for clarity, I know that prior to me coming on board, there was some discussion on what the correct terminology, things like that are, whether it's an extension or a continuance. He's before the Board essentially asking for the motion for the imposition of fine to be continued. So the fines continue to accrue on your property. Once you -- if the Board does grant the continuance, then whatever that date would be you would come back before the Board, and during that motion for the imposition of fines, and if so what amount, that's when you could bring forth evidence or testimony like you are doing a little bit today in asking for a continuance by putting forth, yeah, you know, there was an issue with COVID, here's the steps that I tried to take to get into compliance. But at this point it would be a continuance of the motion for the imposition of the fines. CHAIRMAN KAUFMAN: Correct. BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: We could do either. Ordinarily, when you're not in compliance, there's only two things the Board can do. We can extend it either with a continuance or an extension, or we can impose the fine because it comes up later in the agenda. MR. NOELL: Yes. Because with an extension -- for clarity, if the Board were to extend a deadline, that would be extending the date in which to come into compliance to avoid fines accruing. CHAIRMAN KAUFMAN: Right. MR. NOELL: A continuance -- so we've already passed that hurdle, so to speak, and so fines are running on the property. So now we're in continuance land where the fine has been imposed, and now it's accruing. And so we'll see what that amount is if the Board grants a continuance. CHAIRMAN KAUFMAN: My question to you is, do you think in one month you will have the permit in your hand? MR. JEAN CHARLES: Yeah. We can pick up the permit tomorrow. It's ready for pickup. CHAIRMAN KAUFMAN: It would have been better had you picked it up the day before. MR. JEAN CHARLES: Yeah, I know, but I don't know that. What I'm saying, the permit's issued. BOARD MEMBER FUENTES: I'll make a motion. MR. JEAN CHARLES: We have the permit. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Kevin, thank you for -- BOARD MEMBER ELROD: Clarifying. BOARD MEMBER FUENTES: -- the breakdown, honestly. Thank you. But I make a motion to grant a continuance of -- BOARD MEMBER ELROD: Second. BOARD MEMBER FUENTES: -- 30 days. CHAIRMAN KAUFMAN: Okay. And we have a second. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We'll see you next month. Hopefully we can resolve this at that time. MR. JEAN CHARLES: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. We now -- we need to -- this is on the imposition of fines? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So we need to modify the agenda to change that -- remove it from the agenda. MS. BUCHILLON: So we'll be withdrawing, under imposition of fines, No. 7, CEVR20200002859, Leslet Jean Charles and Anne-Rose Jean Charles. CHAIRMAN KAUFMAN: Okay. Can we get a motion to modify the agenda? BOARD MEMBER ELROD: Motion to modify the agenda. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Kevin, that's the one that your predecessor used to correct me after each one of these. MR. NOELL: Yes, sir. I'm glad everything's squared away. CHAIRMAN KAUFMAN: Okay. No problem. Okay. MS. BUCHILLON: ***Next extension of time, No. 2, CESD20220000870, David H. Levine. MR. LEVINE: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MR. LEVINE: David Levine. CHAIRMAN KAUFMAN: And Terri will swear you in. 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. LEVINE: I do. MR. CATHEY: I do. CHAIRMAN KAUFMAN: Okay. Good morning. MR. LEVINE: Good morning. CHAIRMAN KAUFMAN: So you are requesting an extension of time. MR. LEVINE: Correct. CHAIRMAN KAUFMAN: This is very similar to the case we just heard. MR. LEVINE: I wasn't here for -- I didn't hear the whole thing, but that's fine. CHAIRMAN KAUFMAN: Okay. MR. LEVINE: I'll listen. CHAIRMAN KAUFMAN: So you want an extension of time? MR. LEVINE: I hired somebody to handle the problem. The problem originated from a contractor who's still doing the exact same thing. So what I'm trying to figure out is, is how much more time I could have to do it. I have to pay these people. They're talking I have to plant plants that were never there. And Michaelle Crowley, is that -- I think that's her name. CHAIRMAN KAUFMAN: Yes. MR. LEVINE: Yeah -- and David Key are supposedly working on getting it so it's proper and affordable for me. I mean, one time they were talking about 110 plants when 15 plants -- pine trees were removed. So it didn't make sense to me. And I'm not just agreeing just to agree just to solve the problem. CHAIRMAN KAUFMAN: Let me -- we're not hearing the case now. My question to you is, how much time do you want to extend this so to at that time we can hear the case, or is this on the agenda for imposition of fines? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Okay. So -- MR. LEVINE: Okay. If I had 90 days, I could take care of it with David. CHAIRMAN KAUFMAN: Okay. So you're looking for a 90-day -- MR. LEVINE: Yes, please. CHAIRMAN KAUFMAN: Okay. Now, are you going to -- just a side question. Do you intend to build on it? MR. LEVINE: It's already -- everything's build on the house -- on the property. It's all -- an old property. It's three and a half acres of old property. CHAIRMAN KAUFMAN: Okay. Because one of the things that makes this type of case go away is if you have an active building permit. MR. LEVINE: The only thing that there's a permit that's not this one is a driveway easement, and it's the same contractor. And I went the other day and paid a permit, and last night when I was texting with him, he told me, oh, they want another $600 worth of fees because I didn't do the right thing last time. And I'm trying not to double-pay for the same job even -- because it's done already. And it's -- you know, it's $9,000 out of my pocket that I don't have, and I don't want to pay it. If I have to do it, I do. So the contractor's not being held -- of course, it's my property, so I have to take care of my property, and I'm trying to take care of it without burning through all the money that -- when it's not -- it wasn't my doing, you know. CHAIRMAN KAUFMAN: Okay. County, do you have any comments? MR. CATHEY: The County has no objection to a reasonable extension of time. This was heard back in April of 2023. His extension request was timely. His compliance date is not until tomorrow, the 25th, so he's here before that to get more time to get the vegetative removal permit in order and get everything in compliance with Environmental staff. CHAIRMAN KAUFMAN: Okay. Do you think 90 days would be sufficient time to do that? MR. CATHEY: I believe. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to extend for 90 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: To continue -- continuance. BOARD MEMBER AYASUN: Continuance. MR. NOELL: Just for the record, this would not be a continuance. CHAIRMAN KAUFMAN: Until tomorrow. MR. NOELL: It would be an extension because he has not been found in violation by the Board. So this is to extend the deadline in which to come into compliance. CHAIRMAN KAUFMAN: Okay. So it's an extension. BOARD MEMBER ELROD: I got it right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you get 90 days. MR. LEVINE: Thank you. Just a question: Once I do get the permit in and Michaelle and David and myself and everybody agrees to what it is, I still have to come back here for another -- CHAIRMAN KAUFMAN: Because the case is not closed. MR. LEVINE: Even if they close it; even if the permit is closed? MR. LETOURNEAU: Sir, if you've paid the operational costs and you come into compliance before this 90-day extension, you will not be required to come back and -- MR. LEVINE: That was my -- cool. Thank you, guys. Enjoy your day. Thank you. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: We have a change. CHAIRMAN KAUFMAN: Moving right along, Helen. MS. BUCHILLON: We have a change to the agenda. Another stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings, No. 7, CEV20230007119, Debbie Bello Lopez and Ramon Lopez. CHAIRMAN KAUFMAN: So that's a stipulation. That still leaves one case. MS. BUCHILLON: One more extension of time. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And that would be No. 3, CESD20200012753, Juan C. Delgado and Yelenys Delgado. CHAIRMAN KAUFMAN: I missed the boat here a second. Let's start with modifying the agenda to -- MS. BUCHILLON: Sorry. CHAIRMAN KAUFMAN: -- add Case No. 7 to the stipulations. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Let's do that one first. BOARD MEMBER ELROD: A motion to accept the agenda as modified. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So 7 is added to the stipulations. Next? MS. BUCHILLON: ***Next would be the extension of time, No. 3, CESD20200012753, Juan C. Delgado and Yelenys Delgado. CHAIRMAN KAUFMAN: Okay. Could you gentlemen put your name on the microphone for us, please. MR. DELGADO: Hi. My name is Juan Carlos Delgado. MR. WILLIAMS: My name is Asher Williams. CHAIRMAN KAUFMAN: Okay. And you're here to? MR. WILLIAMS: I'm a wetlands ecologist, so I'm assisting with, basically, what are wetlands impacts. CHAIRMAN KAUFMAN: Okay. This is for the extension of time. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. DELGADO: Yes, I do. MR. WILLIAMS: I do. CHAIRMAN KAUFMAN: Okay. You're looking to extend the time on this case? MR. DELGADO: Yes, sir. CHAIRMAN KAUFMAN: Has the due date come and gone on this? MR. PACKARD: Their request was prior to the due date. CHAIRMAN KAUFMAN: Okay. And how much time do you need before this case is going to be heard? MR. DELGADO: Okay. I was talking to Jason -- I'm not sure. When I first started this, my wife was pregnant, okay. My daughter is two years old, so I've been dealing this with for two years. Last time that I came here, six months were given to me. So we're still -- I mean, we're working. We have all the proof. We've presented everything. But if you tell me six months, of course I will take it, but at least 18 months is -- that's what I will need, because -- he can explain to you more. And even if we get the permits from the DEP tomorrow, we cannot start planting until next year when it starts raining again. So it doesn't make sense to come every six when we're going to have this problem. But we're working on it. We have everything, all the -- Jason has all the -- CHAIRMAN KAUFMAN: Your plan is to not build on it? Your plan is -- MR. DELGADO: Yes. CHAIRMAN KAUFMAN: -- is to modify it so it comes into -- MR. DELGADO: Both. BOARD MEMBER AYASUN: Both. He wants to build on it. CHAIRMAN KAUFMAN: Yeah, after it comes into compliance. MR. DELGADO: Yeah, correct. CHAIRMAN KAUFMAN: The County says? MR. PACKARD: We have no objections. Mr. Delgado has maintained constant communication, and I believe they're still waiting on some stuff from DEP. CHAIRMAN KAUFMAN: Okay. This comes down to be another extension of time? MR. NOELL: Correct. CHAIRMAN KAUFMAN: Okay. Anybody want to ask any questions or make a motion? BOARD MEMBER AYASUN: Make a motion that we gave him an extension for 18 months. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Eighteen months, okay. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: I have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WILLIAMS: Thank you, sir. Appreciate it, guys. BOARD MEMBER FUENTES: We're being very generous today. CHAIRMAN KAUFMAN: Yes. Okay. That finishes up the motions for extension of time; is that correct? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Now we'll move on to the stipulations. MS. BUCHILLON: Stipulations, yes. ***Under hearings, No. 1, CESD20220011340, William J. Bayes Estate, in care of Weston J. Bayes PR. 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. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning, sir. CHAIRMAN KAUFMAN: Have you been practicing with that mouse? MR. JOHNSON: I have. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: To no avail. CHAIRMAN KAUFMAN: Okay. Do you want to read this stipulation into the record for us? Let the record show that the respondent is not present. MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case -- hang on one sec. Yeah -- for the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the remodeling of the multifamily structures within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Have you been in contact with them on a regular basis? MR. JOHNSON: Yes. And it's really the attorneys. The original owner is deceased. And I've not only been in contact with the -- Mr. Bayes, I think he's the brother of the deceased owner -- and their attorneys and the attorneys for the buyers. This property is going to be sold within the next 30, 60, 90 days, and the new owners are -- the new owners are aware and their attorney's aware that this ruling will ride with the deed for the property. CHAIRMAN KAUFMAN: Okay. So anybody want to make a motion to -- BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Okay. That brings us to No. 2. Number 2 is a stipulation? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Is this the one from the respondent that we just heard from, David Levine? MS. BUCHILLON: That was the extension of time. CHAIRMAN KAUFMAN: Okay. That's this one. Which brings us to? MS. BUCHILLON: Number 2. CHAIRMAN KAUFMAN: Number 2. MS. BUCHILLON: ***CEV20230003139, Susan Weems. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. WEEMS: Yes, I do, so help me God. CHAIRMAN KAUFMAN: Good morning. MS. WEEMS: Oh, good morning. CHAIRMAN KAUFMAN: You could pull that microphone down for you. MS. WEEMS: Okay. I can try. CHAIRMAN KAUFMAN: Either that or we'll give you a stool to stand on, one of the two. MS. WEEMS: Or I can tiptoe. Is that better? I'm sorry. CHAIRMAN KAUFMAN: Okay. Okay. You want to read this into the record for us? MR. MARINOS: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by repairing all unlicensed and/or inoperable recreational vehicles and affixing a valid license plate to every recreational vehicle that is registered to a legal occupant of the property or store said recreational vehicle within a completely enclosed structure or remove offending recreational vehicle from the property to a site intended for such use within 30 days of this hearing, or a fine of $50 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. So I'd be willing to bet you've already done all of this? MS. WEEMS: No, I wish I had. CHAIRMAN KAUFMAN: Okay. MS. WEEMS: But anybody that would like to give me suggestions... It's my brother's RV, or the fifth wheel trailer he lived in when he died, that I haven't been able to remove from the property. Oh, it just makes it hard to -- I don't like to talk about all of this, because my mother died shortly after that, my father, my other brother. So I don't have a way to -- CHAIRMAN KAUFMAN: Do you think 30 days is -- MS. WEEMS: I will do the best I can, yes. I -- I'm not sure. It's been kind of difficult. I'm dealing with -- I did ask a contractor friend of mine, but, obviously, contractors are extremely busy right now, so any suggestions of people that you know. CHAIRMAN KAUFMAN: Well, I hate to accept a stipulation for 30 days which it's going to possibly take more than 30 days. It's not a healthy -- or health-and-safety type arrangement. MS. WEEMS: No, this just all came about because my domestic partner decided to upset the neighbor next door. So in getting back at him, it was actually me that pays the cost for it, so... BOARD MEMBER AYASUN: What is the -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER AYASUN: What is the issue? Why isn't it easy to move this out? MS. WEEMS: It's been there for quite a while. BOARD MEMBER AYASUN: No one wants it? MS. WEEMS: No, not that I know of, and I don't have any family left to help me, and -- yeah, so -- that's -- I was trying to get somebody to come and actually deconstruct it to get it off the property, and that gentleman has been extremely busy; he was kind enough to say that. But it's been probably, like, six months now that I've been trying to get assistance on it. BOARD MEMBER FUENTES: The only issue is, I mean, we can sell it. It should be able to be -- it's an RV. If it's not a pristine RV that somebody's going to buy, I could think of a thousand different Cuban guys that would go and scrap it. MS. WEEMS: Anybody that you, you know, could reach out to, I would be extremely grateful. BOARD MEMBER AYASUN: Is it movable? MS. WEEMS: No, I wouldn't think so at this point. I mean, the tires are on it and everything. My domestic partner says they might -- I'm not getting any assistance from him. But in the past has said you could probably air the tires up, but that's not something that I'm proficient in, so I couldn't make a guarantee on that one. CHAIRMAN KAUFMAN: Okay. MS. WEEMS: It's about a -- I guess, what is it? Like, a 25-, 27-foot travel trailer, something like that. MR. MARINOS: Something along those lines. MS. WEEMS: Along those lines. It's a fifth wheel, so it's not -- it even makes it more difficult to move because you have to have, like, the fifth wheel big pickup truck to do it. It's not like a trailer you can hook up and pull out easily, so that's the situation, then -- CHAIRMAN KAUFMAN: Okay. MS. WEEMS: -- that has presented itself, unfortunately. But like I said, yes, you know, Mr. Fuentes, you think you know of people that would be interested, I'd be more than happy. I'm not familiar with the Cuban community, so if you have connections... BOARD MEMBER FUENTES: Real quick. I personally feel that we should probably stand by the County's stipulation as it's been presented. CHAIRMAN KAUFMAN: So you make a motion to -- BOARD MEMBER FUENTES: I'd make a motion to accept the stipulation. MS. WEEMS: And if the -- I'm sorry. I hate to interrupt. I apologize. If the County were to come out on that -- is it the third that says if the County has to abate it? Do we have any clue what the cost of that would be? Because that might be easier for the County to abate it than it would be with the luck that I'm having for myself. CHAIRMAN KAUFMAN: From my experience -- MS. WEEMS: Uh-huh. CHAIRMAN KAUFMAN: -- you don't want that. MS. WEEMS: Okay. CHAIRMAN KAUFMAN: The County -- if it cost you $100 to cut your lawn and the County cuts your lawn, it will cost $500. MS. WEEMS: Okay. All right. I'm just -- I'm trying to find any suggestions available, you know, so... CHAIRMAN KAUFMAN: Okay. So we have a motion and a second to accept the stipulation as written. Let's vote on that, and then I'll give you my two cents worth. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. Okay. If in 30 days it's not done, come back here and -- or speak to the code enforcement person who you've been working with -- MS. WEEMS: Yes. CHAIRMAN KAUFMAN: -- and see what additional time you would need. MS. WEEMS: Okay. CHAIRMAN KAUFMAN: In the meantime, your suggestion is to contact some -- BOARD MEMBER FUENTES: Go to Golden Gate City -- hold up. This is good -- right there where -- there's a restaurant called Floridita. There's a bunch of guys that stand there just looking for any type of work. MS. WEEMS: Is that by the gas station, that corner there? BOARD MEMBER FUENTES: Yes, it is. You pull right in there and you say, I need a few guys to deconstruct this, and I'll pay you -- MS. WEEMS: And that's not illegal? BOARD MEMBER FUENTES: You're giving work to somebody. You're asking all the wrong questions. MS. WEEMS: I don't want to be up here -- BOARD MEMBER FUENTES: We're working solutions here. (Simultaneous crosstalk.) MS. WEEMS: I'm not dealing with the po-po. BOARD MEMBER FUENTES: They will deconstruct that quicker than quick. Trust me, okay. MS. WEEMS: Okay. All right. I mean, I've thought about it many times, because I need work done around the house. I've love to have -- BOARD MEMBER FUENTES: Yeah. You tell them that they can keep the material, and they'll be more than happy to take it to the scrapyard. MS. WEEMS: Okay. All right. Thank you for the suggestions. Off the books, right? CHAIRMAN KAUFMAN: Kevin is anxious to say something. MR. NOELL: I just want to make sure that, ma'am, you understand that in no way that's legal advice or advice on how you should proceed; that that's not the Board's advice to you. You understand that? MS. WEEMS: Okay. MR. NOELL: Okay. Do you understand? MS. WEEMS: Yes, I understand. MR. NOELL: All right. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MS. WEEMS: But if I need bond... CHAIRMAN KAUFMAN: I hope I don't see you next month. MS. WEEMS: Okay. I do, too. Thank you very much. It's been an experience. CHAIRMAN KAUFMAN: Yes. MS. WEEMS: Am I free to go? Am I -- CHAIRMAN KAUFMAN: Yeah. Take the chain off your ankle. MS. WEEMS: Yes. CHAIRMAN KAUFMAN: You're all set. MS. WEEMS: I still don't have a mugshot yet, so maybe next time. CHAIRMAN KAUFMAN: We'll work on that. MS. WEEMS: Thanks. BOARD MEMBER FUENTES: I'll tell you, they'll go -- they'll deconstruct that quick. They'll still take that scrap and get their money out of it. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next stipulation, No. 4, CESD20230000280, Gloria May. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. Okay. Do you want to read this stipulation into the record for us? MR. MARINOS: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.35 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 permits and request all inspections through certificate of completion/occupancy to keep or remove all unpermitted structures, improvements, alterations, and fences within 60 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; 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. No healthy [sic] or safety on this? MR. MARINOS: Not at this point. There had previously been people occupying the structures. They're all gone. CHAIRMAN KAUFMAN: Okay. All right. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: Thank you. BOARD MEMBER FUENTES: I think we're done, right? CHAIRMAN KAUFMAN: We're working on it. The next stipulation is No. 7? MS. BUCHILLON: Yes, sir. I don't think you have a copy of that one. We just got that one here. BOARD MEMBER AYASUN: We don't have that. CHAIRMAN KAUFMAN: That was a late-breaking -- MS. BUCHILLON: ***Next stipulation, No. 7, CEV20230007119, Debbie Bello Lopez and Ramon Lopez. MS. BELLO: Good morning. MR. DELGADO: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. DeLIA: I do. MS. BELLO: Yes, I do. CHAIRMAN KAUFMAN: This is case 7, correct? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record? Can you give us a 10-second summary of this item? MR. DeLIA: Certainly. This is a reoccurring violation on the property dealing with license plates that aren't registered to the property. It's RVs. Also living/lodging on the property with people just coming over for the night, renting the property. They're all in compliance now. The vehicles that weren't registered are now removed from the property, and the ones that could be registered to the property are now registered to the property. CHAIRMAN KAUFMAN: Has this been cited before? MR. DeLIA: Yes, it has. It has been cited for the vehicles unregistered. A notice of violation was sent out in 2021. BOARD MEMBER FUENTES: How did a reoccurring violation come to a stipulation? MR. DeLIA: Because she -- all of a sudden, the Health Department was involved in it. There was a couple more agencies besides just ourselves to come to an agreement on this. CHAIRMAN KAUFMAN: Is there a one-time fine on top of the violation? MR. DeLIA: No, there is not. MR. LETOURNEAU: Just to clarify, recurring is -- we've cited the property owner previously but never brought it to a hearing. A repeat would have been brought to a hearing, and then we would have added a civil penalty at that point. CHAIRMAN KAUFMAN: Okay. So if you would read the stipulation into the record for us. MR. DeLIA: My pleasure. John DeLia, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the payment amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; that the Code Enforcement Board issues a finding of fact that the respondent was in violation of the referenced codes and ordinances at the time of notice of violation; was issued for the reoccurring violation of unlicensed/not registered recreational vehicles stored and used for sleeping/lodging on an Estates-zoned property. CHAIRMAN KAUFMAN: This needs to be resolved in how many days? MR. DeLIA: It's already resolved. She has abated. We just came in for the findings of fact. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: It was abated yesterday, actually, when I approached the property. The vehicles that were in question were removed, and the vehicles that needed tags have them on the cars -- on the vehicles now. CHAIRMAN KAUFMAN: Are you confident that this won't reoccur again? MR. DeLIA: I am. I believe that she may understand this now. CHAIRMAN KAUFMAN: Okay. MS. BELLO: Could I speak for a minute? CHAIRMAN KAUFMAN: Sure. MS. BELLO: My name is Debbie Bello. And the reason why we had the vehicles is because we work with a dealer in Miami, and we used to fix -- like, refurbished inside the trailers, and we used to, like, help and resell them, you know, for their business and our business, and we'll get paid to help him to do that. So we didn't really, like -- how can I say? We didn't want to, like, go register it into our name until we sell it because it didn't make no sense. We would fix it and then resell it or give back to him to resell it, okay. So that's why -- I have a very nice neighbor, and he kept calling and calling about our trailers. This is why it's a recurrent, because I don't need to rent my trailers. I'm a Realtor, so I don't need to do that, but -- because I try to do a -- my husband is a cancer survivor, so I try to do a little business so that he can get entertained and be at home and make a little business so that he can do his own money, okay. So we did that, and then, suddenly, we have, like, the whole neighborhood on top of us because they don't want -- because they can't have a trailer to make money in their property. BOARD MEMBER FUENTES: You also -- MS. BELLO: So they -- so they want -- you know, because I fix my trailers, they call about I have the trailers. I have the fence. Somebody called about my fence that is an eyesore for them and this and that. So it's like -- it's a constant thing. People just drive through my -- through the street, and they go slow, like, looking on my property. It's like sightseeing or something. BOARD MEMBER FUENTES: Debbie, I've got a question. Where's your property located at? MS. BELLO: It's on 56th Avenue Northeast. BOARD MEMBER FUENTES: In the Estate? MS. BELLO: Yes, all the way down there, you know. That's why I move all the way down there so nobody sees me. But, obviously, because we have horses and everything else, then they go through the street and they keep looking and looking and looking, like, you know, sightseeing. And then everybody calls. A lady from 66th called, oh, no, because they have trailers over there, and then I can do my -- I can do it, too. And it's like a constant problem. So I said, you know what? Forget about the trailers. I'm not going to fix them anymore. I'm not going to do anything. Just get rid of it. That's it. BOARD MEMBER FUENTES: Did you have a business tax receipt for that business? MS. BELLO: I'm sorry? BOARD MEMBER FUENTES: Did you guys have a business tax receipt to operate that business? MS. BELLO: We have an LLC that we do the -- I used to have, but I didn't renew it because, obviously, I don't want to do it anymore because it's such a problem. CHAIRMAN KAUFMAN: LLC is just a -- MR. DeLIA: Excuse me. Can I -- CHAIRMAN KAUFMAN: Business tax receipt means that you are licensed to conduct business at that piece of property. MS. BELLO: Right. CHAIRMAN KAUFMAN: I think that's what John is -- MS. BELLO: But he doesn't -- he says that they -- MR. DeLIA: Excuse me just for a minute. If I may explain something here. Yeah, she was running a refurbishing business out of the property; however, our building zoning determination came back that stated it is not allowed to be done in that zoning district. BOARD MEMBER FUENTES: I know. That's why I asked. MS. BELLO: Right. MR. DeLIA: So that's -- so that's why she stopped doing what she's doing, and that's why now the vehicles are in compliance because the vehicles that she was refurbishing or using are no longer on the property, and the only two that are left are registered in her name. That's why I do believe that she understands now that she's not allowed to do this anymore, because there's no possibility of getting the building determination in her favor. MS. BELLO: Right. I don't need it anymore. CHAIRMAN KAUFMAN: Okay. So we're at the point whether we -- someone wanted to make a motion that we accept a stipulation as written. We can go forward. There's one other case that this young lady has -- MS. BELLO: Yes. CHAIRMAN KAUFMAN: -- got in front of us. We can hear that when it's time to hear it. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So this case is gone. MS. BELLO: Yes. CHAIRMAN KAUFMAN: Okay. So I don't know if we're going to hear the next case now. MS. BUCHILLON: It's up to the Board. CHAIRMAN KAUFMAN: Well, we might as well. This would be Case No. 6? MS. BUCHILLON: ***Case No. 6, CESD20230003899. 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. DeLIA: I do. MS. BELLO: I do. CHAIRMAN KAUFMAN: Okay. Just in quickly reading this, this is a violation that there are structures, but I'll leave that to you to summarize to us. MR. DeLIA: Thank you, so much. Okay. Good morning. For the record, Investigator John DeLia, Collier County Code Enforcement. This is in reference to Case No. CESD20230003899 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i). Did witness multiple structures erected prior to obtaining a Collier County building permit consisting of, but not limited to, front carport, two light poles with receptacle connections, barn, carport structure in the rear, metal shed structure, and electrical receptacle connection pole in the rear of the property. Located at 2960 56th Avenue Northeast, Naples, Florida, 34120; Folio No. 38970400003. Service was given on June 23rd, 2023. This case was opened in conjunction to additional complaints made of the property for having multiple unpermitted structure. Working -- working with the Health Department, I received photos emailed to me that's showing several improvements on the property. During a meeting with the property owner, Ms. Lopez, we went over the improvements and structures on the property and informed her that I need to do more research on the property to ensure the permitting status of these structures. Upon research of county program systems, I found that she -- the said improvements and structures consisting of, but not limited to, two front carport -- to a front carport, two light poles with receptacle connections, barn, carport, storage structure in the rear, metal shed, and electrical receptacle connection pole in the rear of the property were unpermitted. When the property was purchased on August 31st, 2020, by the parties, the county records showed that the main home closed -- the main home, a closed-in porch, and prefab shed, well and sprinkler system, was permitted on the property. No other structures added to the property have a record of permits through our county system. I completed a determination with our building official, and he stated that permits are required. When I delivered the notice of violation, I also attached the paperwork showing all the structures and the placements of them on the property to make it easier for her to recognize the structures. Supervisor Cristina Perez and I made a site visit with Debbie, and she allowed us entry to -- to enter to the property with a consent form signed. We did speak to her about the unpermitted structures, and she stated that she had already spoken with Renald Paul from the Growth Management Development and is working on receiving a survey from an individual from Clewiston and had not yet started on any of the drawings needed for submittals. August 23rd, '23, on site and spoke with Debbie and observed a surveyor on premises whom was taking elevation measurements at the time. She explained to me that, yes, this was the individual from Clewiston and that he had to come back to do the measurement, which is required for the applications for the permits. To date, no permit applications have been made at this time. I'd like to perform [sic] my evidence: One determination made by the building official; one photo taken by me on August 8th, 2023; determination consisting of one aerial dated 2019; one aerial that was 2022, duplicated the structures; one photo taken May 10th, 2023, by me; one photo taken May 12th, 2023, by the Health Department; and five photos taken by me on July 15th of 2022; one aerial map depicting the difference between 2019 and 2023; and one zoning map of 2023. CHAIRMAN KAUFMAN: Have you shared this documentation with the respondent? MR. DeLIA: Yes, I have. CHAIRMAN KAUFMAN: Okay. Do you have any objection to him providing that information? MS. BELLO: I'm working on -- I'm working on getting the permits, but -- CHAIRMAN KAUFMAN: Okay. I just -- we want to -- before we can see the pictures, we have to ask if you have any objection. MS. BELLO: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Absent.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. DeLIA: This here is just the deed that states when she purchased the property on August 31st of 2020. MS. BELLO: Can I correct something? That's just a quitclaim deed that we did to add my husband to the property, but I bought the property from 2018, so -- CHAIRMAN KAUFMAN: Okay. MS. BELLO: -- that's just -- it's not correct. But anyway. MR. DeLIA: This is the latest of the deeds. MS. BELLO: The latest quitclaim deed. MR. DeLIA: This here is the zoning map which states that it's an Estates-zoned property. CHAIRMAN KAUFMAN: What is that, two and a half acres? MR. DeLIA: It's divided. She owns both lots. I don't know if -- she's planning on selling one side. I don't know if that went through yet. MS. BELLO: It already sold, one side of it. CHAIRMAN KAUFMAN: So it was a five-acre parcel? MS. BELLO: It's a five-acre parcel, and I sold half of it. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: This is just an aerial position of the difference between 2019 to today. These little circled areas -- these little circled areas throughout the map here states where the unpermitted structures are located. There is a -- by the big circle right here, there is a horse barn in that area. MR. LETOURNEAU: So, Jack, the circles that don't really -- you can't see anything, is that the electric or -- MR. DeLIA: I have a better depiction on my next photo here which explains. These are actually determination photos I used for the building on that to the building official. Okay. That is -- that's the one from 2019. This one here depicts -- as you can see, I put on all the information: The carport, receptacle, barn, all these items that were not permitted on the property at the time of my visit. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: These are the pictures. This would be the out-front -- the Carport No. 1. This is the electrical receptacle pole, the trailer connection pole. That would be the barn from 2022 when I was on the property the first time. The metal shed/storage shed in the back. That is a carport/shed that holds a movable -- an RV, but it's one that's cargoes, RVs. MS. BELLO: It's an old motor home. MR. DeLIA: Very old motor home, Coach. The light pole that was in question, and then the other receptacle pole in the rear for a trailer hookup. CHAIRMAN KAUFMAN: In your discussions with the respondent, did they say that those items were added by them after 2019 or after -- MR. DeLIA: There's questions on when some of these items were added. She stated because of research of the property itself, that it was at one time a farmland for -- a tree farmland. So the sprinklers, the wells that are permitted originally on the property might have been used for that, but I can't relate back to when these items were put in. It's just it's noticeable that these were never permitted on the property itself through our computer system. CHAIRMAN KAUFMAN: That includes all the electrical work? MR. DeLIA: Correct, yes. That's why, through this, there's going to be many different permits itself that she's going to need to require to become compliant. CHAIRMAN KAUFMAN: Okay. Do you have any other pictures? MR. DeLIA: Right here. This is the determination made by our building official. As he wrote down on his -- on the end here is all the permits are required and that it needed to become compliant. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: And this is just our last picture of what I took on the 23rd of August. That's the carport/shed with the motor coach inside of it. CHAIRMAN KAUFMAN: Okay. MR. DeLIA: That's it. CHAIRMAN KAUFMAN: Okay, ma'am. Your turn to speak. MS. BELLO: We did those things, and there's other things that were done already. That was previously, if you see -- I think John has a picture of what it was in 2008. That was like a nursery type of thing, and they had a big operation there. You can see the pictures -- the aerial pictures from 2008, which it shows that the -- there were many things already done on the property. I was nice to let them in, and then, you know, they took pictures of all of this, and it happens that now I am responsible for everything. Yes, we did the barn for the horses and, yes, we put the shade -- the little -- the roof for the shade in. We did a little roof in the front for, like, shade for the cars, but the other things were already there, you know. So there was electrical everywhere in the property. There was water everywhere in the property, everything else. But it happens now that we have to get permit for all of that. So, basically, I'm going through the process. I already did the surveys, and that was a nightmare because I had to call all the people from here, from Naples, that do surveys, and nobody wants to go to the Estates. So whoever goes to the Estates have a long list of people waiting. I already did, because my husband has family in Clewiston, and then we got somebody from over there that's coming down here to do the surveys. Surveys are already done, but they wanted me -- I went to the County over there, and he said that he needed an elevation certificate, so that's why he saw the surveyor over there, that he's doing the elevation certificate. I'm going to go through the process, do all the -- do the floor plans that they need for the -- actually, it's like two sheds, because one of them was done years ago. We didn't do it. We just -- it was there, you know. We kind of fixed it up and stuff, but it was there. And then the horse barn and the shade in the back we did. The one in the front we did. It's only like a plastic top that we put in the front for the cars, which is not -- but it's beside the fence. So because it's beside the fence, I have to take it out because I -- in my mind, I didn't remember that you had to leave 30 feet. CHAIRMAN KAUFMAN: Setbacks. MS. BELLO: Setbacks. So I put it there so that the cars -- we can park the car there because the sun is terrible. So we just put in there. So now I have to remove it and move it somewhere else or do something with that or maybe just take it apart. But it's a plastic roof, so that's only -- it's all put on with, you know, screws. So it just comes apart. So we're going to go through the process of doing everything, but we need a little bit of time because I only -- the other day I wanted to sell my piece of property beside me and only to move the line from one -- because it was -- my lot was 2.27, and the other lot was 2.73, and just to change the line to convert the five acres into 2.5 and 2.5 so I can sell only 2.5, it took me a long time, because the County takes forever to do, you know, all their work or whatever. So I need a little bit of time. I don't know how long you can -- CHAIRMAN KAUFMAN: Let me explain -- MS. BELLO: -- give me. CHAIRMAN KAUFMAN: -- how this works. The first thing we need to find out, before you do anything, is whether a violation exists. MS. BELLO: Well, it does. CHAIRMAN KAUFMAN: Okay. That's the first thing we have to -- and it sounds like, what you're saying, is that you agree that some of these things were done without a building permit. MS. BELLO: Yes, that's fine. I did. CHAIRMAN KAUFMAN: Okay. So does anybody want to make a motion if a violation exists or not? BOARD MEMBER RUBENSTEIN: I'll make that motion, that the violation exists. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now we go to the county, and I ask them if they have a suggestion for resolving this case. John. MR. DeLIA: Thank you very much. I'm pulling the recommendation up for you right now. CHAIRMAN KAUFMAN: Right. MR. DeLIA: 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 permit, inspections, and certificate of completion/occupancy to either keep or remove the unpermitted improvements of the front carport, two light poles with receptacle connections, barn, carport structure in the rear, metal shed structure, and electrical receptacle connected to poles in the rear of the property within blank days of this hearing, or a fine of blank 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. CHAIRMAN KAUFMAN: Okay. Any health/safety issues that you're concerned about? MR. DeLIA: No, not at this time. CHAIRMAN KAUFMAN: Okay. Okay. Anybody want to take a shot at making a motion? John? BOARD MEMBER FUENTES: I'll make a motion to grant 180 days, and we will impose a fine of $350 per day if it is not corrected. CHAIRMAN KAUFMAN: And the costs, the -- BOARD MEMBER FUENTES: And the operational costs for today of 59.28 being paid as well. CHAIRMAN KAUFMAN: Within 30 days? BOARD MEMBER FUENTES: Within 30 days. CHAIRMAN KAUFMAN: Okay. So as a quick review, 59.28 paid within 30 days; 180 days, which I have to say is very generous, and after 180 days, it will be $350-a-day fine if it's not done. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Hold on, okay. MS. BELLO: Okay. CHAIRMAN KAUFMAN: So that's the motion. Do we have a second? BOARD MEMBER RUBENSTEIN: I'll second with a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Are you presently renting out those trailers? It says on here that -- MS. BELLO: No. BOARD MEMBER RUBENSTEIN: There's no rental income coming in from -- BOARD MEMBER FUENTES: No, she's a Realtor. BOARD MEMBER RUBENSTEIN: So what are you using the trailers for? MS. BELLO: The trailers are gone. BOARD MEMBER RUBENSTEIN: What? MS. BELLO: I only have a trailer that is mine -- two of them that are mine. BOARD MEMBER RUBENSTEIN: Okay. MS. BELLO: We use it for -- like, sometimes we go to Ocala. And it's a brand-new trailer. We bought it from -- from that store, Camping World. And it's -- we use it sometimes, like, to go out and stuff like that with -- to my husband's family in Ocala. Sometimes we go to Georgia. BOARD MEMBER RUBENSTEIN: Yeah. The County complaint mentions that it's being used for sleeping and lodging; is that accurate? MS. BELLO: What happened is that when he got into my trailer, the trailer is set up inside for when we go somewhere. I have a coffeemaker and stuff like that. So he says that -- because I have that and because I had a sheet on my thing, he says that there was some people sleeping there. So it's not -- it's what I have there, you know. And the other trailer that I removed from there already, that trailer was given to us by some Canadians when it was the flood. And when it was the flood, they wanted us to remove it from their property. We did. They basically gave it to us, okay. They paid us to remove it from the trailer park, and they give it to us with everything inside, flowers, coffeemaker, everything. They didn't want nothing. They just -- CHAIRMAN KAUFMAN: Let me cut this short. So your answer is it's just a trailer. You're not renting it out to anybody? MS. BELLO: No. CHAIRMAN KAUFMAN: That's the short answer. BOARD MEMBER FUENTES: So we have a second. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. Any questions on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. You have six months to get everything done. MS. BELLO: What's going to happen -- okay. Because I'm trying to get this done, but at the same time, the County is taking a long time to do things because, like I said, I only wanted to move the line -- the construction line -- or lot line adjustment. That's what I did, a lot line adjustment, and they took forever. What's going to happen if this takes longer? Because I have never done any process with them. So now I had this, I discover that they take forever to do anything. So what is going to happen if they don't -- CHAIRMAN KAUFMAN: That's why you were given six months, number one. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Number two, everything that you did to this property that made it illegal, if you will, falls on you. MS. BELLO: Right, but I'm trying to correct. CHAIRMAN KAUFMAN: I understand that, and you're being given six months to do that. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Like he said, that's very generous. Typically, we only do 30, 45 days maybe two, three months. MS. BELLO: Okay. BOARD MEMBER FUENTES: But I figured, you know, six months. BOARD MEMBER ELROD: If it's not done in six months, at five months come back with stuff that you have accomplished. MS. BELLO: Okay. BOARD MEMBER ELROD: And if you're working at it diligently, we can possibly extend the time. MS. BELLO: Okay. All right. No problem. CHAIRMAN KAUFMAN: Okay. MS. BELLO: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. BOARD MEMBER AYASUN: We didn't approve though; we didn't say aye. Did we say aye? CHAIRMAN KAUFMAN: Yeah. We voted, didn't we, Terri? THE COURT REPORTER: (Nods head.) MS. BELLO: Thank you. You all have a blessed day. CHAIRMAN KAUFMAN: If we put enough people together, some person has -- BOARD MEMBER FUENTES: We make a tribe. CHAIRMAN KAUFMAN: Do they get -- they get the trailers? Other people want to get rid of trailers. We need to have, like, an auction out in the hallway. BOARD MEMBER AYASUN: Trailer exchange. CHAIRMAN KAUFMAN: Trailer exchange. BOARD MEMBER FUENTES: Should be a trailer meet-up. CHAIRMAN KAUFMAN: Okay. Helen. MS. BUCHILLON: ***Okay. We're going to make a little change. We're going to -- under motion for imposition of fines and liens, No. 1, CESD202100121854, 4630 Golf Stream Drive, LLC. CHAIRMAN KAUFMAN: Okay. I know we're pulling this out of order, but somebody has to be someplace at a particular time, so... THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MR. LATINO: I do. CHAIRMAN KAUFMAN: Good morning. MR. LATINO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MR. LATINO: Mike Latino. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Good morning. For the record, Dee Pulse, Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read this case into the record for us, Dee? MS. PULSE: Yes, sir. Past orders: On July 28th, 2022, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the references 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 the attached order of the Board in documents and images for more information. 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 been abated as of July 25th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from March 19th, 2023, to July 25th, 2023, 129 days, for a total fine amount of $12,900. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.77. The amount -- total amount, $12,959.77. For the factors, the gravity of the violation was non-health and safety. Actions taken to correct: Owner obtained the demolition permit on July -- or June 29th, 2023, and the permit was finaled on July 25th, 2023. Previous violations committed: None. Any other relevant factors: Owner applied for a permit on November 30th, 2021, for alteration, demolition property rehab and remodel but ran into some restrictions for intended uses that put delays in the process. CHAIRMAN KAUFMAN: Okay. The total amount for today is? MS. PULSE: $12,959.77. CHAIRMAN KAUFMAN: I have on my sheet $46,559. Is there -- I'm looking at the wrong sheet. MR. LATINO: Shred that one. BOARD MEMBER ELROD: Don't scare him. MS. BUCHILLON: They have numbers on the top which tells you which -- CHAIRMAN KAUFMAN: Oh, I'm sorry. BOARD MEMBER FUENTES: And it has a name, too. CHAIRMAN KAUFMAN: Yeah. Okay. BOARD MEMBER ELROD: This was the restaurant that you couldn't turn into a restaurant, and -- MR. LATINO: Yeah. BOARD MEMBER ELROD: And they wanted a demolition permit for no demolition to be done. MR. LATINO: That's correct. CHAIRMAN KAUFMAN: Okay. Oh, I remember this one now. MR. LATINO: Glad I'm so well-known. CHAIRMAN KAUFMAN: That's not good. MR. LATINO: I know. I know. BOARD MEMBER FUENTES: I'm going to change what I had written here. Okay. CHAIRMAN KAUFMAN: Okay. Do you have anything to say? MR. LATINO: As Dee stated, you know, our intended use on that property was initially to purchase it and put a restaurant in there. You know, it was a -- when we did purchase it, there was a fire there, and what happened with the fire, there was part of the roof that was partially burned, and there were 12 trusses that needed to be replaced to get the building deemed as being safe, I guess. Prior to our purchase, that work was done. And from my understanding, that's when the stop work order was put on there for un -- or non-permitted work. We still purchased the property. We figured -- from what our attorneys and everybody told us was that with our intended use, that when we would get ourselves permitted, that everything would get cleared up from that work order. So we still went ahead with the purchase. We didn't see any foreseen issues with us trying to put a restaurant in there. When we did go to the initial -- I believe she said November. When we did go to those initial permits to -- which, you know, paid an architect, had everything drawn up, we ran into some parking issues and some other issues with FEMA and stuff like that that we were -- I'm a Chicago -- Illinois person. No idea these problems even existed, and it has burned us significantly. At that point, when our restaurant plans were halted, we started looking into other uses on the building, and then we were also told that East Naples has a proposed overlay that's going to go potentially down 41, which would benefit us greatly. We were working -- there's a gentleman, his name's Jason; I have his last name in email. But we were working with him. He said that around July of 2023, that the overlay may be approved. Obviously, July has come and gone. The overlay's not approved. So we kind of abandoned all hope on having a restaurant there, which is when we also figured out, right around that time, is when fines were accruing. So we reached out to a general contractor who's been a friend of ours, and I believe in June he was able to finally get a permit, which took a very long time. In my personal opinion, I believe what happened was when they were doing the work to the trusses, somebody seen that there was work going on inside and thought that there was demolition inside there. When we bought the place, it was mangled from the fire and then also from whatever work they had to do to replace the trusses. Nothing was built in that place. It smelled like smoke. There was charred wood everywhere. You know, drop ceilings were ripped down. There was homeless people living in there. And the first couple things we did was basically just go in and clean everything up, make it safe, put locks on the door. And like I said, you know, through the process, we've accrued some fines that I would love nothing more than to be abated. BOARD MEMBER FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion today's operational costs of 59.77 do get paid within 30 days and that we deny the County their imposition of fines -- BOARD MEMBER ELROD: Second. BOARD MEMBER FUENTES: -- of $12,959.77 [sic]. BOARD MEMBER ELROD: I'll second that. CHAIRMAN KAUFMAN: We have a motion. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LATINO: Appreciate it. BOARD MEMBER FUENTES: The only thing you've got to do is pay today's operational costs. MR. LATINO: That's easy. Thank you very much, everybody. BOARD MEMBER ELROD: Thank you. CHAIRMAN KAUFMAN: Okay. Okay. Now we go back to the normal. MS. BUCHILLON: ***Under public hearings, D, hearings, No. 3, CEPM20230001023, Vincent Lennon and Ruth A. Lennon. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. PETERKIN: I do. CHAIRMAN KAUFMAN: Good morning. MR. CATHEY: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? You can put that up. You're taller than I am. Everybody's taller than I am. MR. PETERKIN: I am Durrell Peterkin. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Ryan Cathey, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Ryan, why don't you give us a description. MR. CATHEY: This is reference to Case No. CEPM20230001023 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-240(2)(m) and 22-228(1), section of storefront window broken and covered with wood. Located at 11655 Collier Boulevard, Naples, Florida 34116; Folio 35640720003. Service was given on June 13th, 2023. On February 3rd of 2023, while conducting a site inspection for Case CES20230001020, I observed a storefront window broken and covered with wood. Permit PRSD20220735256 was on file but in rejected status. I called and left a voicemail for the contractor on the permit, Frank. Later received a call back from the contractor, stated the permit was rejected as the Building Department was requiring hurricane windows or shutters. Contractor had received no response from the owners at this time. Notice of violation was served on June 13th. I later spoke with one of the owners, Vincent, who was aware of the issue and stated he was working towards fixing the window. The permit was being monitored and has remained rejected. Case was then prepared for hearing. On August 23rd, I spoke with Dustin Mitchell, a facility manager for a Rebel Gas Stations. He stated he's now taken on the project. As of today, the permit remains rejected and the violation remains. Case evidence: I have a photo taken by me from February 3rd of 2023 and one from August 23rd of 2023. CHAIRMAN KAUFMAN: Has the respondent seen the photo? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MR. PETERKIN: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the -- BOARD MEMBER ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: This is the first photo, February 3rd. This is the wood that they used to replace the broken section. And then from yesterday, August 23rd, they've since painted it black. CHAIRMAN KAUFMAN: Okay. I'm assuming that the code says that it has to be a hurricane window? MR. CATHEY: The code that was cited was for them to replace. CHAIRMAN KAUFMAN: Replace. MR. CATHEY: The window. CHAIRMAN KAUFMAN: The window. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. All right. Sir? MR. PETERKIN: Yes. And as of now, we are waiting on a decision. I think they're going to communicate with someone from a building division whether we have to replace all of the windows or just those two. And, Dustin, who's my boss, he should be getting to me on -- you know, there was all of that -- whether we're going to replace all of them or just those two. CHAIRMAN KAUFMAN: Okay. Your name is Daryl? MR. PETERKIN: Durrell. CHAIRMAN KAUFMAN: So -- BOARD MEMBER AYASUN: Durrell. CHAIRMAN KAUFMAN: Durrell, excuse me. Do you have the authorization to speak in behalf of the respondents? MR. PETERKIN: Yes. CHAIRMAN KAUFMAN: Okay. Now, when did the building permit -- when was the building permit issued? MR. CATHEY: It was applied for on July 22nd of 2022. It doesn't show that it was ever officially issued. It was set to expire February of this year. Permits have been extended per executive order. So at this time it's not officially expired but has remained in rejected status for some time. CHAIRMAN KAUFMAN: Okay. And you're saying that you've requested from the County do we need to replace that broken window or we need to replace all the windows? MR. PETERKIN: Yes, and to hurricane grade. CHAIRMAN KAUFMAN: Okay. Well -- MR. CATHEY: My conversation with Dustin Mitchell yesterday was to meet with the Building Department to confirm if all the windows need to be replaced with hurricane windows or if they are just able to replace the section that was broken. CHAIRMAN KAUFMAN: So where are we now? MR. CATHEY: I don't have that answer. CHAIRMAN KAUFMAN: Okay. MR. PETERKIN: One thing I can say is I'm going to be assigning a company named Owl (phonetic) to get started on at least replacements of the current broken windows. CHAIRMAN KAUFMAN: I would think that the contractor that you have that replaces the windows would know what needs to be done or not. That's their business. MR. CATHEY: When I spoke with the contractor on the permit, he stated that the Building Department told him that all the windows needed to be replaced, brought up to hurricane code. He had not received any direction from the owners as to what they wanted to do. So it's basically at a standstill. CHAIRMAN KAUFMAN: So the permit won't be issued unless -- well, the completion of the permit won't be granted unless all the windows are replaced; is that what I'm understanding? MR. CATHEY: I'll pull up the corrections letter. BOARD MEMBER ELROD: That's the question of -- CHAIRMAN KAUFMAN: Jeff will clear all this up for us. MR. CATHEY: The only thing the corrections letter says on here -- this was from William Craft with the Building Department: Florida Building Code, Seventh Edition, 2022, Chapter 16 structural design, Section 1609.1.2, provide opening protection for proposed nonimpact storefront. That's the verbiage from the corrections letter. CHAIRMAN KAUFMAN: That's general enough. MR. CATHEY: So -- CHAIRMAN KAUFMAN: Any ideas, Jeff? MR. LETOURNEAU: Bottom line, you've got a couple busted windows that are boarded over. That's the violation that we're presenting. The correction, I don't know. It could be all the windows. It could be those two windows; however, that's up for you to decide, you know, maybe on the amount of time you give them if you do find a violation. CHAIRMAN KAUFMAN: Okay. Well, to begin with, we have to determine whether a violation exists or not. Let's start with that. BOARD MEMBER ELROD: I'll make a motion that a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So have they given you a time frame on -- according to what Jeff has said, that the violation is for the broken windows. MR. PETERKIN: Okay. CHAIRMAN KAUFMAN: It has there's no violation on the other windows that are there. MR. PETERKIN: Okay. CHAIRMAN KAUFMAN: But the Building Department is saying something different. They're saying all the windows have to be replaced. So you have to have a meeting of the minds there. And I don't know how long it takes to get a meeting of the minds, but that's probably what will be in our order as to how much time you're given to get everybody to agree what needs to be done. Replacing a window takes a day. MR. PETERKIN: Okay. BOARD MEMBER FUENTES: Without a fine, it could take a lifetime. It's expensive. CHAIRMAN KAUFMAN: Yes. Okay. So does anybody want to take a shot at a motion? You have a suggestion for us -- MR. CATHEY: Yes. CHAIRMAN KAUFMAN: -- Ryan. MR. CATHEY: 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, 1, obtain all required Collier County building permits, inspections, and certificate of completion/occupancy for the damaged windows within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, alternatively, if a boarding certificate is obtained and the structure is boarded within seven days of this hearing, then the time required to complete the repairs, inspections, and obtain the certificate of completion/occupancy will be extended to and must be completed within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; And, No. 3, 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. Going over the boarding permit piece of what you read, if they obtain a boarding permit, that's good for seven days? MR. CATHEY: If they obtain it within seven days of this hearing, then the time can be extended to whatever the Board chooses to place there. CHAIRMAN KAUFMAN: Okay. Or we can -- the initial case, we can just put how much time we give right now. So it seems to me that -- MR. CATHEY: The seven days is pulled from the way the code is written. MR. LETOURNEAU: Yeah. Mr. Chairman, so when we issue a boarding certificate, it's good for six months. So, obviously, if you put a certain date on No. 1, you could add six months to No. 2 to cover for the period of the boarding certificate. CHAIRMAN KAUFMAN: It's just logical to me the window's going to get replaced. Give him enough time to decide whether they're going to replace that window or whatever the meeting of the minds is, and go from there. That would be my thought on it, which if you said on the -- on this case -- let me pick an arbitrary number. If I did 30 days to replace the window, get the powers that be to agree on what needs to be done and then have it done, you don't need a boarding. Doing boarding is just adding additional expense to the respondent to do the boarding. It buys them six months, and then they still have to replace the window. MR. LETOURNEAU: Correct. It's a time factor on the boarding. CHAIRMAN KAUFMAN: Right. So would anybody like to take a shot at filling in the blanks on this? BOARD MEMBER FUENTES: It's not in my pay grade. CHAIRMAN KAUFMAN: Yeah, it's not in your pay -- okay. I'll do it. So 59.28 -- I make a motion that 59.28 paid within 30 days, 30 days to replace the window that is in violation, or a fine of $50 a day after that. BOARD MEMBER RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: Does that meet your expectations, Jeff? MR. LETOURNEAU: Because -- because boarding is part of our ordinance, the County would actually like it if you guys would add No. 2 in there also because it is an option in our ordinances. CHAIRMAN KAUFMAN: Okay. And then, 2, if they apply and are granted a boarding permit within seven days of this hearing -- I'm trying to -- the same $50 fine would occur if it happens after that. But it just doesn't make any sense to do it that way, but... BOARD MEMBER RUBENSTEIN: All part of the same motion. MR. LETOURNEAU: You still have to put a date in there also on No. 2, so the boarding certificate -- CHAIRMAN KAUFMAN: That would be thirty-seven days, right? MR. LETOURNEAU: It's whatever date you want to put in there. I'm just going to reiterate that the boarding certificate is issued for six months, and, traditionally, if you got the boarding certificate and we went out and inspected it and it looked good, it would be, like, six months plus 30 days; however, you guys have the, you know -- CHAIRMAN KAUFMAN: Okay. We'll make it six months for the time frame on the boarding certificate, six months, and then the other one would come in the seven days. MR. LETOURNEAU: Okay. Six months to get -- if you get the boarding certificate in seven days issued, then you have six months to get the whole thing repaired, get the permit, get the inspection, and get the certificate of completion on the windows. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: It's just confusing, and common sense says that's a waste of money. MR. LETOURNEAU: Yes and no, because I think sometimes that a boarding certificate can buy the property owner some time to, you know, get into compliance a lot easier. If the permit does run into some snags, they can pay the 250 for the boarding certificate, and that buys them that six months to maybe have to replace all the windows, like he said, or whatever occurs. CHAIRMAN KAUFMAN: Yeah, the boarding certificate will wind up costing more than the window. Okay. And you seconded it? BOARD MEMBER RUBENSTEIN: I believe I did. CHAIRMAN KAUFMAN: Yes, you did. BOARD MEMBER RUBENSTEIN: I have a question for the respondent. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Do you have insurance on the building that covers glass breakage? MR. PETERKIN: I don't believe so. I'm not 100 percent sure myself. BOARD MEMBER FUENTES: He's not the owner, so I don't think he would know the policy. BOARD MEMBER RUBENSTEIN: Huh? BOARD MEMBER FUENTES: He's not the owner. BOARD MEMBER AYASUN: He's not the owner. BOARD MEMBER RUBENSTEIN: Oh. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: It carries unanimously. THE COURT REPORTER: Are you -- wait. Are you for or against? BOARD MEMBER FUENTES: I'm against. CHAIRMAN KAUFMAN: He just wants to be contrary. Okay. Thanks, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. Get those people together and decide what you're doing. MR. PETERKIN: Okay. MS. BUCHILLON: Do you want to keep going, or we're going to do a break for Terri? CHAIRMAN KAUFMAN: Yes. I'm sorry, Terri. We're going to take 15 minutes. (A brief recess was had from 10:34 a.m. to 10:54 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay, Helen. MS. BUCHILLON: ***Okay. We have a little change. We are going to go all the way to the back of the agenda under D, motion to amend previously issued order, No. 2, CESD20180004425, Maria C. Ramirez. Do you want me to go ahead and tell you what the change is? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: It will be on Page 2 of the previously issued order on January 27, 2022, under order, B, daily fines of 100 per day are assessed and imposed against respondent for 734 days for the period from January 25th, 2020, to January 27th, 2022, for a total fine amount of $110,000. So we are just correcting the amount of days and the date from where it started. CHAIRMAN KAUFMAN: Which showed on our sheet -- is this the one -- no, this is not the one. MS. BUCHILLON: I'm not sure if I put a copy of the whole -- BOARD MEMBER FUENTES: What was the fine amount? MS. BUCHILLON: The fine amount is correct. We're just changing the days and the start date. CHAIRMAN KAUFMAN: Okay. So that's basically a scrivener's errors. MS. BUCHILLON: Scrivener's errors, yes, sir. CHAIRMAN KAUFMAN: So I don't think there's a big deal. Why don't we just make a motion to correct the scrivener's errors. MS. BUCHILLON: Yes, sir. BOARD MEMBER ELROD: Motion to correct the error. BOARD MEMBER FUENTES: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: Thank you. MR. LETOURNEAU: Did the respondents understand what just happened? MS. BUCHILLON: I explained it to them when we came up here. MR. LETOURNEAU: Okay. MR. NOELL: And then do you have any comment for the Board or anything? MR. RAMIREZ: No, sir. MR. NOELL: And what was your name, sir? MR. RAMIREZ: Guillermo. MR. NOELL: Okay. And what's your relation to the respondent? MR. RAMIREZ: Son. MR. NOELL: Okay. And you have permission to speak on her behalf? MR. RAMIREZ: Yes. MR. NOELL: Okay, thank you. MR. RAMIREZ: Thank you. MS. BUCHILLON: Thank you. MS. RAMIREZ: Thank you. MS. BUCHILLON: ***And we're going to start under old business, B, motion for imposition of fines and liens, No. 2, CESD20210011366, Timothy Dezego and Robin Dezego. MR. MILLER: Do you want to take another short break? All the computers are rebooting. Let me go to the control room so I can set it up. Just take a short break. I'll come back and fix it. CHAIRMAN KAUFMAN: Okay. We're going to take another break from our previous break. We're back. (A brief recess was had.) MS. BUCHILLON: We're back. CHAIRMAN KAUFMAN: Okay. So much for the short break. Sir, if you would, state your name on the microphone for us please. MR. DEZEGO: Timothy Dezego. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. DEZEGO: I do. MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Okay. John, do you want to give us the lowdown on this case? MR. JOHNSON: Yes, sir. Past orders: On June 23rd, 2022, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6155, PG1570, for more information. On May 25th, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. This violation has been abated as of June 27th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from December 24th, 2022, to June 27th, 2023, 186 days, for a total fine amount of $46,500. Previously assessed operational costs of $59.21 and $59.28 have been paid. Operational costs for today's hearing, $59.49. Bringing a total amount to $46,559.49. The gravity of the violation: There are no health/safety factors here. Action taken by violator to correct: The property owner obtained a building permit for the carport and overhang. The building permit has been finaled. Previous violations committed by the respondent: None. Any other relevant factors: The building permit passed its final inspection on September 23rd, 2022. One of the conditions to finalize the building permit was the owner to provide a spot survey. The delay in receiving the certificate of completion was caused by the post-Hurricane Ian very limited availability of surveyors who will take on a spot-survey-only job. CHAIRMAN KAUFMAN: Okay. Sir. MR. DEZEGO: Yes. I am here to ask the Board kindly to waive the fines that have been accruing. I built the carport for my wife for our anniversary, and it's turned into nothing but a nightmare since then. Obviously, I didn't know I needed a permit for it to start. Once I received the violation, I immediately went down to get a permit for it. When I did the permit originally, that was just the start of the nightmare. The County said that I couldn't have a carport in front of my house, and there were plenty of other houses that had it, so I didn't understand. After several months of going back and forth with Zoning, they finally -- and I talked to Renald Paul. They finally realized that there was a misinterpretation of one the codes or something, and I was allowed to have it. So then the process continued, and then I needed a spot survey. And so I called my original survey company that did the house when I purchased the house, and they said they were very busy, and it was just very hard in Collier County for an individual to get a survey, even just a regular survey done. You know, if you're a builder or real estate agent or something, they're backed up. But just for an individual to do it, it's almost impossible. I finally got them -- well, I got on their schedule to get the survey done. They didn't show up. I got them on the schedule again. When I called them, they said, okay, we'll do it in a couple weeks. They didn't do it again. After three times of them not showing up, I just scoured the market to try to get anybody to come do the survey. Every person that I called said you have to have your original survey company do it; otherwise, we have to do an entire survey instead of just a spot survey. So I went back to the original survey company, and they finally -- I finally got them again on my schedule and they finally did -- after begging them, they come out and did the actual spot survey. When I turned the spot survey into the County, they were missing some information on it. They did the survey with the roofline of the carport, and because there's an overhang that's allowed, the roofline doesn't show -- the roofline showed that it was not far enough back from the setback, but it actually was. If the survey had showed the structure, the posts of the structure, it was not in violation. The County said that they -- so I had to have a new survey done, or I had to have the survey fixed. Well, it was a hard enough to get them out there the first time. It was almost near impossible to get them to come fix something that they didn't do correctly. So just -- time just kept going on, I guess. I just kept trying to get this survey done. And so I decided I'll just pay for a whole survey or whatever I need to do. I got a local person here that was closest to my house to get on his schedule to come do it. I can't make this up. Literally, two different times he did not show up to do the survey. And I finally got -- I communicated with Mr. Johnson the entire time that this whole process has been going on. I finally got somebody else to come out and do the spot survey and do it correctly, and that's where I'm at right now. BOARD MEMBER FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion that the costs for today's operation -- I'm sorry. The operational costs for today get paid within 30 days of $59.49 and that we reduce the -- we reduce the total amount of $46,559.49 down to $500. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: One opposed. Okay. So that's a $41,000 reduction. MR. DEZEGO: Thank you. CHAIRMAN KAUFMAN: Okay. And next time you want to do something for your wife, get a permit. MR. DEZEGO: They say happy wife, happy life. This has been a nightmare for me. She might still be happy, but -- thank you. MS. BUCHILLON: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***All right. Next case under imposition of fines, No. 4, CESD20210005400, Ronnie Haar. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: Yes. MR. HAAR: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. HAAR: My name is Ronald Allan Haar, Jr. CHAIRMAN KAUFMAN: Okay. You want to read this case into the record for us, please? MR. OWEN: For the record, Brian Owen, code enforcement investigator. Past orders: On August 25th, 2022, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6175, PG2667, for more information. On January 26th, 2022, the Code Enforcement 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 August 24th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day from a period of November 24th, 2022, to August 24th, 2023, 274 days, for a total fine amount of $41,100. Fines continue to accrue. Previous assessment operational costs of $59.28 have been paid. Operational costs for today are $59.56, for a total fine of $41,159.56. CHAIRMAN KAUFMAN: Okay. Sir. MR. HAAR: Good morning. Yeah, Ronnie Haar here. I'm just asking for another continuance. Since I was here in January, I've -- the drawer of my drawings had a heart attack. I had to update them from 2017 to 2020. It's been nightmare-ish with him. But I've reapplied for a permit. I've got everything completed besides the drawings now are still unrecognizable by the County with the signature. It's an issue we're having right there. But I've paid for new truss drawings, new septic system, all the stuff I've had to do. Everything's in besides -- well, the drawings are in. They just can't read them at the county, and I'm trying to get that rectified right now, because you have to have a verified E signature on there. That's the only issue I've had. CHAIRMAN KAUFMAN: Is this a whole new house that was built or -- MR. HAAR: I had -- I bought the property, and it was built on the wrong property. The survey surveyed incorrectly. So I brought a property with a slab on it, and so I've inherited a mess. And I applied for a permit and couldn't get it done. With, you know, COVID and all this stuff and everything, all the material went crazy, so I kind of put it to the side burn. And I didn't realize that you couldn't just have a permit abandoned, and you can't cancel a permit when there's a structure that's already been built, and I didn't build it. Ignorance is what I have here. BOARD MEMBER FUENTES: You inherited the problem. MR. HAAR: I inherited the problem, and I never -- and like I said, I've been trying to get it rectified because I do want to build it. I have funding in place now, because it's hard to get funding on somebody that's already started to build, too. Didn't know that either, so... CHAIRMAN KAUFMAN: How much time do you think you need? MR. HAAR: Well, permitting is what I'm going through right now. Then I'm going to start building immediately. Trusses are paid for. Block is paid for. I would think six months to get a house done. That's kind of quick, but... CHAIRMAN KAUFMAN: Jeff, are we talking about till CO? MR. LETOURNEAU: Yes, we are talking about the CO. We have no objection for six months at this point as long as Mr. Haar is working diligently to get it completed by then. BOARD MEMBER FUENTES: Would you be against a longer period? MR. LETOURNEAU: No. BOARD MEMBER FUENTES: Okay. Because assuming he has to build this entire structure, he's going to need time. MR. LETOURNEAU: Yeah. He's somewhat a victim of circumstances at this point. BOARD MEMBER FUENTES: Yeah, it happens, I get it, especially in Golden Gate City. MR. HAAR: Yep. BOARD MEMBER FUENTES: Yeah. I'd like to make a motion that we give him a continuance of one year and that the fines today of $59.56 do need to be paid within 30 days. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck on your construction. MR. HAAR: Thank you. Appreciate it. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: ***Brings us to -- next case would be No. 8, CESD20200003738, Yolanda Machado and David R. Cruz. CHAIRMAN KAUFMAN: Is this a hearing or an imposition? MS. BUCHILLON: Imposition. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MR. CABRERA: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CRUZ: Yes, I do. MR. HOLMES: I do. MR. CABRERA: I do. THE COURT REPORTER: And I need your name. MR. CABRERA: Sergio, S-e-r-g-i-o. Last name C-a-b-r-e-r-a. THE COURT REPORTER: And his name? MR. CRUZ: David. MR. CABRERA: David Cruz. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, both of you. MR. CABRERA: My name is Sergio. CHAIRMAN KAUFMAN: Sergio? MR. CABRERA: Yes. MR. CRUZ: My name is David. CHAIRMAN KAUFMAN: And David, yes. Who is Machado? MR. CRUZ: Me. MR. CABRERA: His full name is David Cruz Machado. CHAIRMAN KAUFMAN: He gets extra credit for an extra name, okay. Okay. Do you want to read this into the record for us? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On October 29th, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6071, Page 3, for more information. The violation has been abated as of July 17th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from December 29th, 2021, to July 17th, 2023, 566 days, for a total fine amount of $84,900. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount: $84,959.42. The gravity of the violation: This not a health and safety violation. Actions taken by the violator to correct: They obtained a den/office/lanai Permit No. PRBD20200520562 that was finaled on July 17th, 2023, and Shed Permit PRBD20190833590, which was finaled on June 8th of 2022. Previously -- previous violations committed by the respondent/violator: There were none. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So our sheets showed that the operation -- assessed costs have not been paid. That's incorrect, or they've been paid since then? MR. HOLMES: They were paid this morning. CHAIRMAN KAUFMAN: Okay. And that the -- total amount again, could you read that. MR. HOLMES: $84,959.42. CHAIRMAN KAUFMAN: Okay. That's different on my sheet also. MR. HOLMES: Yes. Reflective of the paid operational costs previous. CHAIRMAN KAUFMAN: Okay. All right. MR. CABRERA: Okay. So basically the -- why it took so long to get the permit closed was because they were working with the company that's called Asset Designs. And when they started the permit, they were giving Mr. David a whole bunch of excuses of why they couldn't get the permit to move along. He would go there every week, and they kept on saying that they could contact the inspectors, that the County was moving slow, this and that, and they couldn't get another person to get on the permit to get it to move because they paid the guy, like, over 4,000 bucks -- dollars to get the permit closed and everything. So they had to stay with this guy, with this company. And so there was a time when we -- because first we were talking to Bill. I think he's one of the persons who works on the County, and he keep telling us to try to get another guy but, like I said, they already invested a lot of money with this other company, Asset Designs. And so after a while, he decided to move to another guy -- his name is Herminio -- who he started to get the permit to move along, and that's when they were able to get the permit to close. But they were also taking a little bit longer because some of the stuff that they needed to get the permit closed was some engineering letters that they were taking a while to get them from the engineering guy. And so they would -- you know, they were trying to get this thing to get it closed as soon as possible, and also they were not aware about the fees that they were going -- that they were getting each day, so it came to a surprise to them that -- the amount that they have to pay. CHAIRMAN KAUFMAN: Okay. This started two years ago. MR. CABRERA: Yes. CHAIRMAN KAUFMAN: So this was a lanai or a canopy for the lanai or both? MR. CABRERA: Yeah. It's a lanai. It's, like, an addition on the back. CHAIRMAN KAUFMAN: Okay. That was done without a permit -- MR. CABRERA: Without a permit. CHAIRMAN KAUFMAN: -- initially. MR. CABRERA: Yes, initially. CHAIRMAN KAUFMAN: Okay. MR. CABRERA: And so, like I said, Asset Designs, they were taking, like, a long, long time. Every time he went out there, they kept on saying, no, we need to talk to the inspector. The County's moving slow. This is the way it works. And like I said, they paid a hefty amount of money to get this thing moving, but they just couldn't get an answer from these people. CHAIRMAN KAUFMAN: You can build a small hotel in two years. MR. CABRERA: Yes. CHAIRMAN KAUFMAN: Okay. Okay. Do you want to make a motion? BOARD MEMBER FUENTES: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Okay. It's a long time since this was written. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: And I think from listening to what you said, there's been some communication problems with different people, okay. It doesn't take almost two years to get a building permit for something like this. So where's the fault lie? With him? With us? Maybe a little bit of both. I'm not sure. But the reason that they write these fines is because there was a violation, and, you know, it finally has been fixed and concluded; finally. You could buy a lot of sheds and canopies for $85,000. MR. CABRERA: The shed permit, I don't think there was any -- much of a problem to get that thing -- to get it up to code, and I think that the thing that took the longest was the addition that was done to the house, because since there was no permit from the beginning, they couldn't rip apart the whole addition on the back. So like I said, the Asset Designs, they kept on saying we have to get a letter from this engineering. We have to talk to the inspectors and, like I said, they did not know that there was fees to be paid each day that passed by or else they would have gone to somebody else. They were not aware of anything. So every time they went out there, the owner of the company, Asset Designs, they were either on vacation or they only had, like -- they only have two secretaries in the front that they take the messages from the people. BOARD MEMBER RUBENSTEIN: Did he do the building, the actual building of this, or did he hire a company to do it? MR. CABRERA: No. Demolight (phonetic) Construction. BOARD MEMBER RUBENSTEIN: I'm sorry? MR. CABRERA: It was Demolight Construction. BOARD MEMBER AYASUN: It's a construction company. BOARD MEMBER RUBENSTEIN: Okay. All right. Thank you. I'd like to make a motion to reduce the fine from the 84,000 and change to $5,000, plus the operational costs for today of 59.42. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: To be paid in 30 days, the fines. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Yep. CHAIRMAN KAUFMAN: Okay. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Okay. The fines have been reduced by $80,000, approximately. The fine is 5,000 plus the costs of 59.42. Okay. MR. CABRERA: Thank you very much. CHAIRMAN KAUFMAN: Thank you. As Joe Mucha makes his way down... MS. BUCHILLON: ***Next case, No. 9 CESD20190012596, Dezilia Vital. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. D. VITAL: Yes. MS. M. VITAL: Yes. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MS. M. VITAL: My name is Marie Vital. I am Dezilia's daughter. CHAIRMAN KAUFMAN: Okay. And your name? MS. M. VITAL: Dezilia Vital. CHAIRMAN KAUFMAN: You got that, Terri? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Joe, you want to read this into the record for us? MR. MUCHA: Yes. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On August 27th of 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6034, Page 3558, for more information. On August 23rd of 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 August 24th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from October 27th of 2021, to August 24th of 2023, for 667 days, for a total fine amount of $100,050. Fines continue to accrue. 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 $100,109.42. CHAIRMAN KAUFMAN: Okay. Ma'am. MS. M. VITAL: Okay. So when my mom started to do the bathroom repair in the house, she had hired a contractor -- or an independent contractor to basically turn one bathroom and put a wall in the middle to make it into two. When he first started working with the bathroom, he had notified her that she didn't need a permit because it wasn't like she was building a new room; she was just adding a wall in the middle. Fast forward, one of the -- I want to say supervisor. One of the people that drives around to see if everything's up to code and up to date swung by and was telling me that the vehicle that we had parked at the house wasn't supposed to be there. I notified them we were doing some work, and that's when I was told we had to get a permit. Every time we were doing anything with the permits or related to coming here, my mother would tell the contractor, and he would step in or show up and do everything that needed to be done. So we ended up having to redo the bathrooms because everything that he did was just not done right at all. So now my boyfriend is currently working on the bathrooms. And I believe she just wants an extension for, I would say, really not even 90 days, because when we took the walls down and everything, instead of using, I guess, the proper materials that he was supposed to use for the shower, he used drywall, which ended up causing a bunch of mold. So we had to just take everything apart. Woods that he placed down were not screwed properly the way he was supposed to, I guess, seal everything to keep it from getting water damage; everything was water damaged. So, pretty much, we're redoing everything. One of the bathrooms is complete. Today I'm going to be setting up an appointment so they can come and do the inspections and, honestly, within two -- two to three weeks, the other one should be done. BOARD MEMBER FUENTES: So you're close to having the permit CO'ed is what you're saying? MS. M. VITAL: Uh-huh. BOARD MEMBER FUENTES: The last time that she was here, we did grant her time. MS. M. VITAL: Uh-huh. BOARD MEMBER FUENTES: I guess if we do it again, it would probably be the last time before we impose it. I want to try to help, and I understand that things happen, and I do believe last time we did that for her, but -- MS. M. VITAL: Yeah. Because I had to step in because when she would communicate with him about the stuff on the permits that needed to be checked -- because he notified her telling her that the inspection was done and that everything was completed. So when she was getting the letters in the mail about appearing, she was confused for what because he told her that everything -- the inspections were done. So I had to step in and just figure out everything -- BOARD MEMBER FUENTES: Oh, and we appreciate you making the effort. MS. M. VITAL: -- because -- and Joe -- not Joe. Joe sent me an email of the actual inspections that needs to be done and that weren't completed yet, so my boyfriend's just going over those, and he's been taking pictures of everything from when he demoed it and took down the previous work to the new work that he's doing now. CHAIRMAN KAUFMAN: Is he licensed? MS. M. VITAL: Yes. BOARD MEMBER FUENTES: And we appreciate you trying to come into compliance. I'd like to make a motion that today's operational costs of $59.28 do get paid within 30 days. MS. M. VITAL: Okay. BOARD MEMBER FUENTES: And due to the fact that we've already given so many continuances, the best that I think we could do here would probably be just grant another 30 days. MS. M. VITAL: That's perfect, yeah. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. I'll second that. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we'll see you in a month. MS. M. VITAL: Thank you. MS. D. VITAL: Thank you. CHAIRMAN KAUFMAN: Hopefully it will all get done. MS. D. VITAL: Thank you. MR. MUCHA: Thank you. MS. BUCHILLON: Next case. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Number 10, CESD20220001438, Francisco Santiago Ramirez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. LOPEZ: Yes. MS. BLANCO: Yes. CHAIRMAN KAUFMAN: Could you both state your name on the microphone for us, please. MR. LOPEZ: Okay. My name is Javier Lopez. I'm here to represent my cousin. MS. BLANCO: And I'm Margaret Blanco. I'm here to interpret. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MS. BLANCO: Yes, I do. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, please. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On April 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6130, PG2953, for more information. The violation has not been abated as of August 24th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $70 per day for a period of -- from October 29th, 2022, to August 24th, 2023, 300 days, for a total fine amount, $21,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing: 59.35. Total amount: $21,059.35. CHAIRMAN KAUFMAN: Okay. MS. BLANCO: Okay. Well, this is about Francisco. He's not here today, and he's the owner of the property. Javier is his cousin, and he's trying to take care of this for him. At the time that they first came here, they gave him time to take care of the problem. So meanwhile, they had gotten an architect -- Francisco had gotten an architect to do out the plans to make it right. The architect took his time. He submitted many permits during the -- this whole time, and they kept coming back rejected. Nothing got done. He just kept going over and over and over. Time was flying. And then Francisco had a family emergency and had to leave the country. And now we're just -- he decided let's just forget about it. The money was -- he had paid a lot of money for this architect, for the plans, and nothing ever not done. So they decided to just get a permit for demolishing the part that they needed to get rid of, and Javier is ready to do that, get it done. CHAIRMAN KAUFMAN: Okay. And he has the permit for -- the demo permit? MS. BLANCO: Well, we're waiting for Francisco. He has to come back to get that permit. BOARD MEMBER FUENTES: Am I looking at the wrong one? It says violation has been abated. MR. PITURA: Violation has not been abated. BOARD MEMBER AYASUN: Not been abated. CHAIRMAN KAUFMAN: You're on -- BOARD MEMBER FUENTES: I'm on the wrong one. CHAIRMAN KAUFMAN: Okay. Okay. So he's going to demo -- MS. BLANCO: Yes. CHAIRMAN KAUFMAN: -- what was done? MS. BLANCO: What was done, yes. CHAIRMAN KAUFMAN: Okay. And it was a carport? MS. BLANCO: Yes. CHAIRMAN KAUFMAN: With a roof on it? MS. BLANCO: Yes. BOARD MEMBER ELROD: When is he expected back in the country? MS. BLANCO: He's supposed to be back in October. MR. NOELL: And, ma'am, he knows that you're here today -- MS. BLANCO: Yes. MR. NOELL: -- at this hearing, and he has asked you to speak on his behalf today? MS. BLANCO: Yes. He has, yes. CHAIRMAN KAUFMAN: Okay. The time frame is up in the air. October is -- BOARD MEMBER FUENTES: Two months away. CHAIRMAN KAUFMAN: Yeah, we're not far away from it. So we have no meeting in November. We do have a meeting in December; is that correct, Helen? MS. BUCHILLON: We have a meeting in November 17. CHAIRMAN KAUFMAN: Oh, we do. Okay. MS. BUCHILLON: December we have no meeting. CHAIRMAN KAUFMAN: December is no meeting? MS. BUCHILLON: Yes, no meeting. CHAIRMAN KAUFMAN: So that would be, like, a 60-day -- BOARD MEMBER FUENTES: But the problem is we've got a violation in place. CHAIRMAN KAUFMAN: So it would be a continuance. BOARD MEMBER FUENTES: I mean, he left the state. But we still have a violation that's not being taken care of, and now we have to grant a continuance due to someone not being here for his own hearing that has been here since 2022, over a year ago. CHAIRMAN KAUFMAN: Well, it's still in violation, and since it's still in violation, our hands are tied to either granting a continuance or imposing the fine. BOARD MEMBER FUENTES: I think impose. That's my opinion. CHAIRMAN KAUFMAN: Okay. Anybody else have an opinion? BOARD MEMBER ELROD: It's not a health-and-safety issue, and he had a family emergency. CHAIRMAN KAUFMAN: Lee? BOARD MEMBER RUBENSTEIN: I'd like to make a motion that the costs of today of 59.35 be collected, and the amount of 21,000 be reduced to $3,100. CHAIRMAN KAUFMAN: Now, hold on a second. We can't -- we can only -- this case is not in compliance. BOARD MEMBER AYASUN: Continuance. CHAIRMAN KAUFMAN: So it's -- we can continue it, or we could impose it. So you want to impose that number that you're coming up with? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. I just wanted to understand it. Jeff, you have a puzzled look on your face. MR. LETOURNEAU: Well, I just was puzzled. You normally don't reduce an imposition when the violation's still continuing. BOARD MEMBER RUBENSTEIN: Yeah, the violation still exists. MR. LETOURNEAU: Right. And if you did impose at this point, the fines would continue to accrue. BOARD MEMBER RUBENSTEIN: They will. But the 21- has been proposed to be reduced to 3,100. BOARD MEMBER FUENTES: No. The violation still -- that would be for the next time he abates the violation. BOARD MEMBER RUBENSTEIN: I'm sorry? BOARD MEMBER FUENTES: It would when he abates the violation that maybe we can address that. But right now we've still got an amount that's accruing, so it's still adding on. The question is, do we give him time, or do we impose the fines? CHAIRMAN KAUFMAN: Right. That's typically what we do, so -- BOARD MEMBER RUBENSTEIN: All right. I'll rescind my motion. CHAIRMAN KAUFMAN: Do you want to make a motion? BOARD MEMBER FUENTES: No, because it's going to be a mean one. I'm waiting for somebody else to tag along. BOARD MEMBER ELROD: I'll make a motion that we give him until the November hearing to abate the fine -- or to abate the violation. CHAIRMAN KAUFMAN: So you want to do a continuance? BOARD MEMBER ELROD: Pay the 59.35 in 30 days and then continue until our November meeting. CHAIRMAN KAUFMAN: Okay. That's -- I'd second that. BOARD MEMBER AYASUN: And the fines continue. CHAIRMAN KAUFMAN: Yes, they do. BOARD MEMBER RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: Okay. We have two seconds. BOARD MEMBER RUBENSTEIN: Sorry. CHAIRMAN KAUFMAN: That's okay. It won't hurt my feelings. I only have so many seconds left in me. Okay. We have a motion, and we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. One nay. So I hope he comes back in -- for the November meeting, because I could probably take a pretty good guess of what would happen if he doesn't. The fines will continue to go up $70 a day. So it's unfortunate that he isn't here, because we could have resolved everything. MS. BLANCO: Yes. And I know it will be resolved when we come back. CHAIRMAN KAUFMAN: Okay. MS. BLANCO: Thank you so much. CHAIRMAN KAUFMAN: Thank you. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Bye now. MS. BUCHILLON: All we have left is one more order to amend. CHAIRMAN KAUFMAN: Okay. Tom, are you going to -- MS. BUCHILLON: ***Okay. Under motion to amend previously issued order, No. 1, CEROW20210008921, Dominick Lento and Alycia Lento. CHAIRMAN KAUFMAN: Okay. This is a right-of-way deal? MS. BUCHILLON: Yes. It's the order on May 26th, 2022, on Page 2, under order, B, the daily fines of 200 per day are assessed and imposed against respondent for 109 days for the period from November 24, 2021, to March 2nd, 2022, for a total fine amount of $21,800. That should be the correct amount. CHAIRMAN KAUFMAN: What was the incorrect amount? MS. BUCHILLON: The incorrect amount was 21,600. CHAIRMAN KAUFMAN: So it was an arithmetic error? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Scrivener's errors. MS. BUCHILLON: Scrivener's errors, yes, sir. CHAIRMAN KAUFMAN: Anybody want to make a motion to -- MR. NOELL: If I may, Mr. Chairman. Just for the record, just a finding that notice was provided to the individual for today's hearing, and he or she failed to appear. MS. BUCHILLON: If I may, for the record, respondents were notified regular and certified mail on August 8th, 2023. It was also posted at the property and courthouse August 8th, 2023. CHAIRMAN KAUFMAN: Okay. And the record shows the respondent is not present. MS. BUCHILLON: Right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the change. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Yes. Motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So are we done? MS. BUCHILLON: Yes, sir. Just the memorandum for the foreclosure authorization. CHAIRMAN KAUFMAN: Do we have to do anything on that, or is that just -- MS. BUCHILLON: No. It's just approve it. CHAIRMAN KAUFMAN: Just a notification to us that they're -- a foreclosure on Carlisle Wilson Plaza. That was a $104,000 fine that was reduced to 18,000, which I guess they didn't pay. And Steven Thomas -- BOARD MEMBER ELROD: That's homesteaded. CHAIRMAN KAUFMAN: $118.49. MS. BUCHILLON: Which is operational costs. CHAIRMAN KAUFMAN: That's it? MS. BUCHILLON: Yes. MR. NOELL: And I would just ask for a motion and a vote on approving that it gets sent to the County Attorney's Office for whatever legal action. CHAIRMAN KAUFMAN: Where's my motion maker over there? BOARD MEMBER ELROD: I'll make a motion that it gets sent to the attorney's office. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: One nay. I'll slap him. BOARD MEMBER ELROD: Let me get a camera. CHAIRMAN KAUFMAN: On this one here, I'm curious. We don't do many foreclosures. We don't do any foreclosures on homesteaded property. And there's $118.49. It just seems strange to me. Seem strange to you, too? MR. NOELL: Well, you know, I can't really speak to it. I know the County Attorney's Office will take whatever action they deem appropriate, because it is going to be kind of in their discretion. That seems like an odd number, but, you know, I don't want to speak for their office because I don't know what -- how they would handle that, so... CHAIRMAN KAUFMAN: So, Lee, I know you had asked at one time, how long does this stuff take? The hearing date on that was July of last -- of 2022, and the other one was March of 2022. So the wheels turn slowly, I'll just mention that. And with me -- with my little speech, we are adjourned. BOARD MEMBER RUBENSTEIN: I was going to -- before we adjourn. CHAIRMAN KAUFMAN: Before we adjourn. BOARD MEMBER RUBENSTEIN: Can the County update us on that case from last month, the open pool home that we requested immediate fencing? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. The property owner did put up the temporary barrier the following day, so they came into compliance with that part of the order right there. They still have to get the permanent; however, it does have the temporary barrier. BOARD MEMBER RUBENSTEIN: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :45 a.m. CODE ENFORCEMENT BOARD BE UFMAN, CHAIRMAN ATTEST CRYSTAL K, IINZEL, CLERK These minutes approved by the Board on ( , f as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.