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CEB Minutes 10/26/2023October 26, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 26, 2023 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, (Excused) James York, (Excused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board October 26, 2023 Page 2 CHAIRMAN KAUFMAN: I just want to let everybody know we're going to delay about 10 minutes. There was a bad accident on 41, and several of our members are stuck in that traffic there. So we'll start at 9:10 whether they show up or not. We have a quorum. (A brief recess was had from 9:03 a.m. to 9:08 a.m.) CHAIRMAN KAUFMAN: Good morning, everybody. We're eight minutes late but two minutes early. We're going to start out with the Nuisance Abatement Board to begin with. Helen. MS. BUCHILLON: Are you going to do the Pledge of Allegiance? CHAIRMAN KAUFMAN: Yeah, we're going to go through the agenda. I just wanted to mention that to begin with. So if everybody would stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Good morning, everybody. For the Board, we received the minutes. If anybody has any questions or comments on the minutes, speak now. If not, we will accept the minutes as done and approved. Let's start out with the roll call, Helen. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? VICE CHAIRMAN FUENTES: Here. October 26, 2023 Page 3 MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: Mr. James York is excused. Mr. Kevin Johnson is excused. CHAIRMAN KAUFMAN: Okay. We have a full board this morning. We are going to start out -- the Code Enforcement Board is both the Code Enforcement Board and the Nuisance Abatement Board, and the first case that we're going to hear today is going to be from the Nuisance Abatement Board, so we need to make a motion to open the Nuisance Abatement Board agenda. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So can I get a motion to that? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. Second? BOARD MEMBER ELROD: I second. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: All in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 26, 2023 Page 4 So we are now going to do the nuisance abatement. Then we can go over the agenda for everything else. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under Nuisance Abatement Board, hearings, first case, CENA20230007565, Gebhart. CHAIRMAN KAUFMAN: Good morning. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: You're here. The respondent is not here. MR. HOLMES: Correct. CHAIRMAN KAUFMAN: You can proceed. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. All right. MR. LETOURNEAU: I think Deputy Rogers is going to need to be sworn in also. 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? SERGEANT ROGERS: I do. MR. HOLMES: All right. For the record, Supervisor Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CENA20230007565 in dealing with the violation of the Collier County Code of Laws and Ordinances, Chapter 2, Article VI, Division 4, Section 2-2027, Subsection 2, Collier County Sheriff's Office -- in reference to the Collier County Sheriff's Office receiving numerous complaints regarding suspected criminal activities on this property. The Sheriff's Office has made numerous arrests for criminal October 26, 2023 Page 5 activity on this property and/or involving individuals residing at this property. Arrests include multiple drug-related offenses. The Sheriff's Office reached out to Code Enforcement and asked them to pursue this as a public nuisance located at 5329 Trammel Street, Naples, Florida, 34113; Folio No. 62264320001. Service was given on August 31st, 2023. This case originated August 24th, 2023, after CCSO Sergeant Rogers had informed the code enforcement manager of multiple calls to service and arrests that have been made at the location, requesting that we bring the property before the Nuisance Abatement Board. This property is considered a repeat violation, as Case No. CENA20210002435 was heard before the Nuisance Abatement Board on April 23rd, 2021. The owner was found to be in violation and ordered to vacate the premises within seven days of this hearing -- of that hearing, and the property was to remain vacant for 364 days. Refer to the order of the Nuisance Abatement Board, OR Book 5979, Page 3416, for more information. The property was vacated after the hearing, and the county hired vendors to board up the dwelling at the owner's expense. The property was last seen boarded up during a reinspection for Case No. CEPM20200006119 on January 17th of 2023. On March 15th, 2023, Investigator Musse observed that the boards had been removed. Since then, it has been confirmed that the property is once again occupied. Additional currently active cases are CEPM20200006119, which is addressing an occupied dwelling without electric service and damaged windows. Remains unabated, imposed and currently accruing daily fines. And, additionally, Case No. CEPM20230008550, addressing the illegal tampering of the electric meter. While conducting my pre-hearing inspection on October 25th, October 26, 2023 Page 6 2023, I observed activity at the property. The front doorway was open, and there were multiple -- there was an individual standing outside one of the open windows. At this time I would like to introduce Sergeant Rogers of the Collier County Sheriff's Office to further explain the illegal activity that is once again occurring at the property since the dwelling was reoccupied. Following his testimony, I will have the following evidence to present to the Board: Four photos taken on January 17th, 2023, by Investigator Musse; five photos taken on March 15th, 2023, by Investigator Musse; five photos taken on October 10th, 2023, by Investigator Musse; four photos taken on October 25th by myself; the nuisance abatement order OR5979, Page 3416; and an aerial photo showing the location of the property with respect to nearby schools. CHAIRMAN KAUFMAN: Okay. Before we hear from Sergeant Rogers, let me get a motion from the Board to accept all of the documents that they're going to present. BOARD MEMBER RUBENSTEIN: So moved. BOARD MEMBER ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 26, 2023 Page 7 Sergeant Rogers. SERGEANT ROGERS: Good morning. Sergeant Morgan Rogers, representing the Collier County Sheriff's Office Vice and Narcotics Bureau. Back in April 23rd, 2021, I appeared before the Board and presented this case with Code Enforcement in regards to 5329 Trammel Street. We presented an overwhelming amount of evidence of drug activity and criminal activity occurring at that specific residence. Since that was boarded, from June 29th, 2021, to date, we've had 14 complaints, which, in reality, is -- for one residence in Naples to have 14 complaints is already a lot. Typically, one person -- a residence is not going to accrue more than one or two complaints a year, if that. But the alarming issue here is that most of those complaints involved safety of the community, and that's why we're here. The Sheriff's Office is not going to arrest themselves out of this. We made numerous arrests from individuals coming and going from the property. Most recently, within the last two months, we've made three arrests, individuals that were arrested with fentanyl, cocaine, methamphetamine, very dangerous and highly addictive drugs. We just recently also received a call in regards to a potential fire at the residence that was called in by one of the neighbors. This was as recent as this month. And the -- basically, someone was operating a generator that started to really smoke really bad, and the fire department was called. So we're -- back in 2021, there was no electricity at the house. They were stealing power, and now they're operating generators in a very dangerous and unsafe manner, which causes a concern for the community. You know, they've removed all the boards, reoccupied the October 26, 2023 Page 8 residence, and we're still seeing the activity consistent with narcotics activity back at the residence. I know we addressed this particular residence prior to, and, you know, I would like to readdress it again, because we don't want this to get out of hand, and it's already starting to get out of hand, and we need to join forces with Code Enforcement and try to address this. So like I said, we've had numerous arrests. Complaints varied from potential fires. We've even had individuals -- neighbors calling in on individuals that have been in drug-induced states rolling around the front yard. That's a concern, too. So that is what I have to basically present to the Board on, you know, what the Sheriff's Office have observed and our action at that residence. CHAIRMAN KAUFMAN: Okay. Thank you. SERGEANT ROGERS: Thank you. CHAIRMAN KAUFMAN: Do you want to present the photos now? MR. HOLMES: Yes, sir. CHAIRMAN KAUFMAN: He's presenting the case. MR. HOLMES: Okay. So, firstly, these are going to be photos taken in January of this year showing the property boarded. Next is March 15th of this year, boards removed. Let me go -- let me know if I'm going too fast. This is April 10th, photos related to the tampering of the electric meter. And then obvious occupation. Photos taken yesterday, and then the aerial showing the nearby schools in respect to this property. Did you want to see the previous order, or is that not necessary? CHAIRMAN KAUFMAN: No. Just, if you could, comment on the previous order is still in effect? Are the fines continuing to accrue on the -- October 26, 2023 Page 9 MR. HOLMES: It was abated by vendor, so that case would have effectively closed. CHAIRMAN KAUFMAN: Has the owner of the property been in contact with you at all? MR. HOLMES: The owner at this time we believe is deceased. There had been, previously, contact with a family member. I tried numbers yesterday, and they weren't functional any longer. CHAIRMAN KAUFMAN: Well, if he's deceased, he's probably not in contact with you, unless you're a very special person. MR. HOLMES: Well, I mean, I'm talking the family member. CHAIRMAN KAUFMAN: No, I understand. MR. HOLMES: I do not have special powers. BOARD MEMBER CURLEY: So just a point of clarification. So they've not been able to show you that there's a lease, so we just assume these people are squatters; they just moved in on their own? MR. HOLMES: I think that the interaction with the individuals is shaky, at best. BOARD MEMBER CURLEY: I mean, you would have to have a lease to get electric and water and all that stuff. MR. HOLMES: And there's circumvention of, you know, the electric company, as seen in those photos. CHAIRMAN KAUFMAN: The house -- there's no electric. You can't occupy a house without electricity. Is that one of the violations, besides the litter? MR. HOLMES: The violations -- let me just pull it up. BOARD MEMBER CURLEY: It's a repeat nuisance. MR. LETOURNEAU: The two violations are no electric -- CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: -- and the -- I imagine once they took the boards down, they discovered that some of the windows were busted out at that point, and then our property maintenance October 26, 2023 Page 10 investigator opened a case on that also. MR. HOLMES: Well, there's the existing case for damaged windows and whatnot. CHAIRMAN KAUFMAN: Okay. So we want to know from the Board, if someone will make a motion whether a violation exists or not. BOARD MEMBER ELROD: I'll make a motion a violation exists. BOARD MEMBER CURLEY: I'll second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. HOLMES: I do. That the Nuisance Abatement Board orders the respondent to pay all operational costs in the amount of 59.28 -- my apologies -- incurred in the prosecution of this case within 30 days and abate all violations by: One, vacating the premises of all occupants within seven days of this hearing. The property shall remain vacant for blank days. Two, that the respondent must notify Code Enforcement when October 26, 2023 Page 11 the violation has been abated in order to conduct a final inspection to confirm compliance. 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: Is this property homesteaded or not? MR. HOLMES: I don't believe so, no. CHAIRMAN KAUFMAN: Okay. The reason I ask, if it's not homesteaded, then the county ultimately can foreclose on this property. MR. HOLMES: I could get that answer for you if you'd like it, definitely. BOARD MEMBER CURLEY: If it's been boarded for a year, it's not homesteaded. CHAIRMAN KAUFMAN: Okay. You have -- MR. LETOURNEAU: Mr. Chairman, I'd like to point out, the actual ordinance states an order entered under this subsection shall expire after one year or at such earlier times as stated in the order. So I believe that this is saying that you guys can't order it to be unoccupied for more than a year at this point. CHAIRMAN KAUFMAN: Okay. As far as the seven days that you suggested for it to be vacated right now, I have no problem with that. BOARD MEMBER CURLEY: I think it's generous. CHAIRMAN KAUFMAN: If you'd like, I'll make a motion to insist that the house be vacant for 364 days, seven days it should be cleared of anybody that's living there, and a $500-a-day fine if it's occupied after the seven days. BOARD MEMBER CURLEY: We can do a thousand, it says. October 26, 2023 Page 12 BOARD MEMBER ELROD: Second your motion. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: I just had one question. So if you'll have to hire another vendor to reboard it, will they also clean up the trash for the sake of the neighbors? MR. HOLMES: That could be handled as well, but it may be that it will end up being a second case. BOARD MEMBER CURLEY: So it should be. I feel bad for those neighbors. MR. HOLMES: That's minimal in the grand scheme of the major issue there. CHAIRMAN KAUFMAN: Okay. This case is done. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: I pushed my little button. CHAIRMAN KAUFMAN: Okay, Lee. BOARD MEMBER RUBENSTEIN: How could we verify that the owners are still living? MR. HOLMES: We do our due diligence to try to reach out to folks, and all of our -- everything gets mailed out certified and October 26, 2023 Page 13 regular mail. And if we get no responses, we can't find numbers, it kind of starts to fall at that point. BOARD MEMBER RUBENSTEIN: Counselor, are we allowed -- or is the county allowed to search the tax rolls to see if there's been a death certificate for either one of these owners? MR. NOELL: The county can take a lot of different actions. I don't want to get too far into staff's role, as that's not my role to do that. But there's mechanisms like hiring an investigator to do what's called a skip trace and things like that to find out the status of somebody. But that's a -- that's really a county determination on how they want to operate their business. BOARD MEMBER RUBENSTEIN: I mean, we just passed -- we're going to give them a year, but if they're not living -- MR. NOELL: Right. BOARD MEMBER RUBENSTEIN: -- aren't we wasting a year? MR. NOELL: You know, I don't know, because if there is taxes that are not being paid, as you, I'm sure, are aware, the Tax Collector has a mechanism where there's foreclosure through the tax lien process and things like that for unpaid taxes. So, essentially, the Board can't order staff to do a skip trace or determine whether a person, you know, is alive or not. That would be out of their purview. BOARD MEMBER RUBENSTEIN: That was a bad fall. She tripped. I was watching her walk. CHAIRMAN KAUFMAN: That's Merriam. BOARD MEMBER BHATLA: Somebody's ill? BOARD MEMBER AYASUN: No, no, just fell, slipped. BOARD MEMBER CURLEY: Can we take a 10-minute break? BOARD MEMBER AYASUN: I think she hit her head. October 26, 2023 Page 14 CHAIRMAN KAUFMAN: We're going to take about a five-minute break. (A brief recess was had from 9:27 a.m. to 9:30 a.m.) CHAIRMAN KAUFMAN: Okay. Let's come back to order. I have a question for Sergeant Rogers. The seven days will be enforced by the Collier County Sheriff's Office? SERGEANT ROGERS: I think the last time is we basically went with Code Enforcement to make sure that it was -- once it gets boarded, and then I have to double-check with our legal to make sure we're able to do what we have to do. CHAIRMAN KAUFMAN: Okay. This probably was reported by one of the neighbors, or this has been an ongoing thing for years? SERGEANT ROGERS: The activity at this house? CHAIRMAN KAUFMAN: Yes. SERGEANT ROGERS: Yeah. It's been going on since we first boarded it up and, as through our investigation, we're able to make arrests which confirm that activity is still occurring, without a doubt. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Thank you. MR. HOLMES: And just for the record, to answer a couple questions there, the property is not homesteaded. And in previous interactions with the property in other code cases, it was confirmed that the owner has passed away, so... CHAIRMAN KAUFMAN: Okay. If a house is homesteaded, you can't foreclose on it, but if it's not homesteaded, you can. The county could foreclosure on this property. MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Okay. I just wanted to put that on the record. October 26, 2023 Page 15 Okay. Any other questions on this case? BOARD MEMBER CURLEY: Nope. CHAIRMAN KAUFMAN: Hearing none, we can -- BOARD MEMBER CURLEY: Make a motion to close the Nuisance Abate -- CHAIRMAN KAUFMAN: We have a motion to close the Nuisance Abatement Board. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now we get a motion to open up the Code Enforcement Board. MR. LETOURNEAU: Before we go, did you guys vote on the order? BOARD MEMBER ELROD: Yes. MR. LETOURNEAU: Okay. In the confusion -- CHAIRMAN KAUFMAN: We'll ask Terri. BOARD MEMBER CURLEY: Motion to open the Code Enforcement -- CHAIRMAN KAUFMAN: Board. BOARD MEMBER CURLEY: -- Board. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER ELROD: Second. October 26, 2023 Page 16 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're back in business. You want to go through the agenda now, Helen? MS. BUCHILLON: Start off with the changes, yes. I'll start off with stipulations. Under hearings, No. 4, CESD20220011248, PLN Properties, LLC. Next stipulation, No. 7, CEVR20220011339, Equity One Pavilion, Inc. Number 8, CESD20220010426, Richard McElrath, Jr. And last stipulation, No. 14, CESD20230003519, Fast Track Construction, LLC. CHAIRMAN KAUFMAN: Okay. We have a separate piece of paper that was given to us on the Fast Track one. Okay. And that brings us to -- MS. BUCHILLON: Changes. CHAIRMAN KAUFMAN: Are there any deleted? MS. BUCHILLON: Yes, sir. Under public hearings, motions, motion for extension of time, No. 3, CESD20220008565, Craig A. Ream and Heather L. Ream, has been withdrawn and will be rescheduled for the January 2024 October 26, 2023 Page 17 hearing. Under hearings, No. 1, CEAU20220004105, Timothy L. Richardson and Tracey M. Richardson, has been withdrawn. In-house continuance. Number 2, CELU20220004113, Timothy L. Richardson and Tracey M. Richardson, has been withdrawn. Also an in-house continuance. Number 3, CEVR20220004114, Timothy L. Richardson and Tracey M. Richardson, has been withdrawn. In-house continuance. Number 6, CESD20220008571, Wynn Properties, Inc., has been withdrawn. Violation has been abated. Number 9, CELU20220008288, Fakahatchee Tree Farm, LLC, has been due to compliance efforts. Number 10, CESD20220010157, Raclim Management Company, LLC, has been withdrawn due to obtaining legal services. Number 11, CESD20230004946, Abdallah Masoud Mustafa, has been withdrawn. In-house continuance. Number 15, CESD20210011752, Kyle D. Waters and Rachel E. Waters, has been withdrawn. Violation has been abated. Now we're going to old business. Under motion for imposition of fines and liens, No. 2, CESD20170016790, has been withdrawn and will be rescheduled for another hearing. And No. 19, CESD20220008207, Walter A. Navarro, Krissia I. Palacios, and Graciela E. Hughes and John Hughes, has been withdrawn due to compliance efforts. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the agenda as modified? BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER AYASUN: Second. VICE CHAIRMAN FUENTES: Second. October 26, 2023 Page 18 CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: First case under motions, motion for continuance, No. 1, CEPM20230002800, Alejandra Lynch. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. LYNCH: I do. CHAIRMAN KAUFMAN: Okay. Can you pull that microphone down a little bit so we can hear. MS. LYNCH: Yes. CHAIRMAN KAUFMAN: And state your name on the microphone for us. MS. LYNCH: Alejandra Lynch. CHAIRMAN KAUFMAN: Okay. MS. LYNCH: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. HOLMES: And Bradley, Collier County Code Enforcement. October 26, 2023 Page 19 CHAIRMAN KAUFMAN: Okay. Bradley, you want to introduce this case? MR. HOLMES: Sure. We'll be hearing the extension-of-time request first -- or continuance request first. Do you want me to read the executive summary or -- CHAIRMAN KAUFMAN: Well, there's a motion for continuance. MR. HOLMES: Yes. CHAIRMAN KAUFMAN: Let's tackle that. They want to continue this for what reason, and then I'll go to the respondent. MR. HOLMES: At this -- so at this time no permits have been obtained to rebuild or demolish the damaged structure -- detached garage structure. The owner currently has two other open cases, CEPM -- or 20130003794 for the damaged reroof to the detached garage and CEV202000011791 for a commercial container being stored on the property. Both cases currently accruing fines. And it looks like she's just going to be looking for additional time to get permits squared away. CHAIRMAN KAUFMAN: Okay. This particular motion for continuance is on the roof damage? MR. HOLMES: This is for the case that's now -- so that detached garage started as a damaged roof issue. Now we have dangerous building. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: It's deteriorated. CHAIRMAN KAUFMAN: Gotcha. Okay. MR. HOLMES: And it looks like -- I was notified there's a permit now on file that has an -- it covers a few different items, but it's also going to be addressing the detached garage. CHAIRMAN KAUFMAN: Okay. And the dangerous building? October 26, 2023 Page 20 MR. HOLMES: Yeah, yeah, so -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- not yet issued. CHAIRMAN KAUFMAN: Ma'am. MS. LYNCH: Yes. Good morning once again. I already -- I was here last time, and I was having trouble getting the plats and everything, but the gentleman helped me a lot, and he rushed, and they are already through the county for permitting. I already got everything through permitting. CHAIRMAN KAUFMAN: Okay. You're requesting a continuance on this case till when? MS. LYNCH: Well, until -- they're doing the permitting, and I'm supposed to bring only one paper that it says what kind of windows and doors. CHAIRMAN KAUFMAN: Let me stop. You're requesting a continuance. In other words, we'd like to hear this case at some time in the future. How much in the future are you asking for? A month? Two months? What? MS. LYNCH: Well, it depends how long it's going to take for the people to do the work, you know. But once I get the permits, they're going to start working on that right away. CHAIRMAN KAUFMAN: No, I understand that. And how long do you think -- is that going to take? MS. LYNCH: How long do you give me? CHAIRMAN KAUFMAN: Well, you're the one who's requesting the continuance, so -- MS. LYNCH: Yeah. CHAIRMAN KAUFMAN: -- that's why I'm going to you to ask you, do you think you can get it done in one month? In two months? What? MS. LYNCH: I don't know how long they're going to take in October 26, 2023 Page 21 the permitting to give me the paper, and then I get the people to start working on this. But I already have everything through the county and just waiting, you know, from -- once I know from them how long it's going to take, I will know. Maybe like two, three months. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. BOARD MEMBER CURLEY: I have a question, please. CHAIRMAN KAUFMAN: Okay. Okay. Sue. BOARD MEMBER CURLEY: So I think maybe a question I might ask, since you have your permits, you've hired somebody to help you with this, do you have an agreement from your contractor in hand? If she does, then she might have more information, but it doesn't sound like she does because normally it would say how long it's going to take for them to build it. So do you have, like, an agreement -- a building contract with them yet? MS. LYNCH: No. BOARD MEMBER CURLEY: So that's really important, because you can have a permit, and it can be active for half a year or a year or however long. MS. LYNCH: Oh, no. I don't think it's going to be that long, and I don't want it to be that long. I want to get it done and over, you know. BOARD MEMBER CURLEY: Maybe you should just make sure, when you get your agreement with the builder, that it says when they're going to be finished, and then we might need to see you again if you don't know that answer now. CHAIRMAN KAUFMAN: Okay. Lee, you have -- BOARD MEMBER RUBENSTEIN: Yeah, I have a question for Bradley. Realistically, do you think in 90 days she can get a permit? BOARD MEMBER CURLEY: She has a permit. MR. HOLMES: She might, in 90 days, get an issued permit. October 26, 2023 Page 22 But a completed permit, not as likely. I'm not sure the -- how many hoops she'll have to jump through through the review process. BOARD MEMBER RUBENSTEIN: All right. I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: To extend the continuance for 90 days. CHAIRMAN KAUFMAN: To continue this for 90 days? BOARD MEMBER RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Just a quick discussion on this. This, we haven't found any guilt or innocence or anything. We don't know if it's in violation. We haven't heard the case, so -- MR. LETOURNEAU: No, we've heard the case. She's just asking for a continuance on the compliance -- on the compliance date and whether we bring -- you know, the county can bring it back for imposition. CHAIRMAN KAUFMAN: Okay. This is one of -- MR. LETOURNEAU: It's been found in violation. CHAIRMAN KAUFMAN: This was an old case? MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So I think it's -- because there's not fines accruing already, I think it's just more helpful for the owner to at least give her enough time to get her permit issued and get construction going before we start fining her. (Simultaneous crosstalk.) MR. LETOURNEAU: Brad, when was the compliance date? October 26, 2023 Page 23 MR. HOLMES: Yeah. The compliance date has passed. That was August 31st -- CHAIRMAN KAUFMAN: So the fines -- MR. HOLMES: -- of '23. CHAIRMAN KAUFMAN: Fines are accruing now? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Okay. Well, we have a motion to extend hearing this case for 90 days. We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes, 5-2. MS. BUCHILLON: So do we need to make the change and withdraw the imposition of fines? CHAIRMAN KAUFMAN: That's correct. We need to modify the agenda to reflect withdrawing that from the imposition of fines. Someone want to make that motion? BOARD MEMBER ELROD: I'll make a motion to -- CHAIRMAN KAUFMAN: Agenda -- modify the agenda. BOARD MEMBER ELROD: -- modify the agenda. CHAIRMAN KAUFMAN: Okay. And a second? VICE CHAIRMAN FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. October 26, 2023 Page 24 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. What number, Helen, is that case? MS. BUCHILLON: Number 22 on imposition of fines. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So she'll be back here in 90 days, hopefully with a contract. CHAIRMAN KAUFMAN: Okay. Thanks, Bradley. MR. HOLMES: You're welcome. CHAIRMAN KAUFMAN: Thank you. You have three months. MS. LYNCH: You have a great day. God bless you. Yes. CHAIRMAN KAUFMAN: And follow -- if you follow what Ms. Curley said, you'll be in a lot better shape in three months. MS. LYNCH: I will. Thank you so much. CHAIRMAN KAUFMAN: You get the papers from the contractor, et cetera. MS. LYNCH: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, under motion for extension of time, No. 2, CESD20220008382, Anthony Mattei, Karol Lucila Tersita Mattei, and Lilia Mercedes Machado. 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? October 26, 2023 Page 25 MR. PACKARD: I do. MR. MATTEI: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. MATTEI: Anthony Mattei. CHAIRMAN KAUFMAN: Okay. And you're representing the other parties that are in this case? MR. MATTEI: (Nods head.) CHAIRMAN KAUFMAN: Okay. MR. NOELL: Say "yes." MR. MATTEI: Yes. That's a yes. CHAIRMAN KAUFMAN: Okay. And you are requesting a motion to extend the time on when this case is due? MR. MATTEI: Yeah. I have all the permits. I'm doing the work. I'm just waiting for the final building for the inside and a couple things to do on the outside, and I'll be closed out. CHAIRMAN KAUFMAN: Okay. And when would you like this extension of time to? MR. MATTEI: Sixty days would be nice. CHAIRMAN KAUFMAN: How much? MR. MATTEI: Sixty days would be nice. CHAIRMAN KAUFMAN: Sixty days. Okay. County? Jason, do you have any questions or concerns? MR. PACKARD: For the record, Jason Packard, Collier County Code Enforcement. No, sir, no objections. CHAIRMAN KAUFMAN: Okay. MR. NOELL: If I may, just for clarity, because I know that we've kind of grappled with the motion for extension of time. If the Board grants 60 days, that would be an extension from the original deadline in the order of September 22nd, 2023. So, essentially, it would be another 30 days. So if he's requesting 60 days from October 26, 2023 Page 26 today -- VICE CHAIRMAN FUENTES: It's a total of 90. MR. NOELL: Yep. We would have to do -- the Board would have to do the 90. VICE CHAIRMAN FUENTES: I'd make a motion to grant him the extension of time for a total of 90 days. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Lee? BOARD MEMBER RUBENSTEIN: No. CHAIRMAN KAUFMAN: You're done? BOARD MEMBER RUBENSTEIN: Done. CHAIRMAN KAUFMAN: Okay. Motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MR. MATTEI: Thank you. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next extension of time, No. 4, CESD20220008942, Salvatori A. Iannotta. THE COURT REPORTER: Do you swear or affirm the October 26, 2023 Page 27 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. IANNOTTA: I do. CHAIRMAN KAUFMAN: Good morning. MR. IANNOTTA: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the mic for us, please. MR. IANNOTTA: Salvatore Iannotta. CHAIRMAN KAUFMAN: Okay. And you are requesting a -- MR. IANNOTTA: Yes, another extension of time. Since last time I was here, we hired a licensed contractor this time, might I add. He applied for a permit. The permit came back with two issues. One was a wetlands issue, so we hired Turrell, Hall & Associates. They came out to the site, conducted the review. I got an email from him yesterday that he has everything he needs except for time to get an application together for me to sign for if we need an environmental permit or not. And the second was a floodplain issue. That's mostly been resolved, as a letter of determination was issued by the county in September, and we're working with the contractor to see if anything needs to be done with the building with floodgates. CHAIRMAN KAUFMAN: Okay. And how much time are you requesting? MR. IANNOTTA: 120 days. CHAIRMAN KAUFMAN: Four months? MR. IANNOTTA: Yeah. It's the wetlands that seems like they take forever. CHAIRMAN KAUFMAN: I've been there; done that. VICE CHAIRMAN FUENTES: He won't get it done, I don't think, in that time. October 26, 2023 Page 28 CHAIRMAN KAUFMAN: We can try. Jason, do you have any comments, concerns? MR. PACKARD: No, sir. No objections. Mr. Iannotta has maintained contact all throughout. CHAIRMAN KAUFMAN: Okay. VICE CHAIRMAN FUENTES: Why don't we make it nine months? BOARD MEMBER CURLEY: It saves him $59. CHAIRMAN KAUFMAN: We're open for motions. VICE CHAIRMAN FUENTES: Okay. I'd like to make a motion to grant the extension of time for a total of nine months. MR. IANNOTTA: Thank you. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second to extend nine months. Any discussion on that? Bart? BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. IANNOTTA: Thank you very much. CHAIRMAN KAUFMAN: So it should be more than enough time. October 26, 2023 Page 29 MR. IANNOTTA: Thank you. CHAIRMAN KAUFMAN: Okay. VICE CHAIRMAN FUENTES: My generous tickets are up. BOARD MEMBER CURLEY: As long as people are doing stuff when they get here, I like it. CHAIRMAN KAUFMAN: Was this also on the agenda for imposition of fines? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 5, CESD20220010706, Christa Benoit. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. NOEL: Yeah. 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. MS. BENOIT: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. Could you both state your name on the microphone for us, please. MS. BENOIT: Christa Benoit. MR. NOEL: And I'm her son, Joseph Noel. CHAIRMAN KAUFMAN: Okay. And this is, again, a request for extension of time. This was a conversion of a garage to living space without any permits. Has that situation changed, Jason? MR. PACKARD: They are in the process of removing. I think the only thing left they have to do is a demo permit. There was also a portion of the order that was to vacate and shut off all power October 26, 2023 Page 30 and water. That was taken care of as well. So I think the only thing we're waiting on is a demo permit being issued and the inspections, and then it's back to the original permitted state. CHAIRMAN KAUFMAN: Okay. And how much time do you think you need to do this? MR. NOEL: Just 90 days, if that's okay with you guys. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Didn't this case come up, like, six or eight months ago for an extension of time and we granted it? So what's changed today from six months ago? What's been done? MR. NOEL: We have the work done. We just need the demo permit for it. BOARD MEMBER RUBENSTEIN: I'm sorry? MR. NOEL: We've had the conversion taken down. We just need the demo permit for it. BOARD MEMBER ELROD: They've done the work. They just need the paperwork. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Demo permits. BOARD MEMBER CURLEY: I'll make a motion to extend 90 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Second. BOARD MEMBER CURLEY: Did this order expire May 27th? MR. PACKARD: That was -- I think that was the first portion of the order for vacating and turning off all the utilities. October 26, 2023 Page 31 BOARD MEMBER CURLEY: Okay. Okay. MR. NOELL: If the Board's going to grant the extension, it will be from the September 24th, 2023, deadline. CHAIRMAN KAUFMAN: Correct. And if all you need is a demo permit, that's more than enough time. MR. NOELL: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: It's actually only, like, 70 days. CHAIRMAN KAUFMAN: So we have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. 6-1, it passes. Okay. You have 90 days to resolve all your problems. BOARD MEMBER CURLEY: Point of clarification. It's 90 days from the September date. So make sure when you get your paperwork you look at the date. It's not 90 days from today. MR. NOEL: Yeah, 90 days from the last one. October 26, 2023 Page 32 BOARD MEMBER CURLEY: Thank you. CHAIRMAN KAUFMAN: For a demo permit, that should be a slam dunk. MR. NOEL: Okay. MS. BENOIT: Thank you. BOARD MEMBER AYASUN: Okay. This section is finished. CHAIRMAN KAUFMAN: Now we're going to go with the stipulations, I'm sure. Am I right, Helen? MS. BUCHILLON: Yes, sir, and then we have a couple of attorneys we can call after. CHAIRMAN KAUFMAN: We'll put them at the end of the day. Okay. First stipulation is stipulation -- for Case No. 4. MS. BUCHILLON: Number 4, CESD20220011248, PLN Properties, LLC. MR. CONA: Good morning. Chris Cona for PLN Properties. CHAIRMAN KAUFMAN: Good morning. MS. COOPER: Good morning. Latoya Cooper. 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. COOPER: I do. MR. CONA: I do. CHAIRMAN KAUFMAN: Okay. You can state your name on the microphone for us, please. MR. CONA: Chris Cona, counsel for PLN Properties, the owner of the subject property. CHAIRMAN KAUFMAN: Okay. And you look new to me here. MS. COOPER: I am. October 26, 2023 Page 33 CHAIRMAN KAUFMAN: You are? Okay. MS. COOPER: For the record, Latoya Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MS. COOPER: Yes. Therefore, it is agreed between the parties and -- the respondent shall pay operational costs in the amount of 59.28 incurred in the prosecution of the case within 30 days of the hearing. Second, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the interior remodeling within 120 days of the hearing, or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request an investigator to perform a site inspection to perform -- to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, any comments? MR. CONA: No comments. We're in agreement with that stipulation. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? October 26, 2023 Page 34 BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Latoya. Thank you, sir. MR. CONA: Thank you. MS. BUCHILLON: Next stipulation, No. 7, CEVR20220011339, Equity One Pavilion, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JONES: I do. MS. DUNN: I do. MR. BEALER: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. You might want to move it. There you go. MS. DUNN: Yes. My name is Donna Dunn. MR. BEALER: Michael Bealer. CHAIRMAN KAUFMAN: Okay. And you have the authority to speak for Alfiea [sic] Jones? This is 7, Case 7? MR. BENNETT: Equity One. BOARD MEMBER AYASUN: For Equity One. CHAIRMAN KAUFMAN: For Equity One. I'm sorry. October 26, 2023 Page 35 MS. BUCHILLON: Yes. I have the authorization. Do you want to see it? CHAIRMAN KAUFMAN: I read the one wrong line. Okay. You have the authorization. Good. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MR. JONES: Yes, sir. Good morning. For the record, Investigator Alphonse Jones, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing; Number two, abate all violations by obtaining all Collier County approved mitigation plans, building permits, inspections, and certificates of completion or occupancy to either keep the unpermitted improvement of the property as is or to restore the property to its original -- originally permitted condition within 90 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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. Ma'am, any comments? MS. DUNN: No, sir. October 26, 2023 Page 36 CHAIRMAN KAUFMAN: Are you going to remove the trees or plant new ones or what? MS. DUNN: We're going to work on the SDPI, creating a new one for the property, and go through the permitting process for that. CHAIRMAN KAUFMAN: Okay. Do you think 90 days is sufficient time? MS. DUNN: It may not be in order to get the permit, but we're going to at least get in for submission. BOARD MEMBER CURLEY: I'll make a motion to accept the stipulation as written. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. DUNN: Thank you. MR. BEALER: Thank you. MR. JONES: Thank you. CHAIRMAN KAUFMAN: Number 8. MS. BUCHILLON: Next stipulation, No. 8, CESD20220010426, Richard McElrath, Jr. THE COURT REPORTER: Do you swear or affirm the October 26, 2023 Page 37 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 show the respondent is not present. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Were they here earlier? MR. MARINOS: They were. CHAIRMAN KAUFMAN: Oh, okay. Do you want to read the stipulation into the record for us, please? MR. MARINOS: Yes, sir, I will. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the renovations of the trailer home within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. There's a modified trailer on the property, and they're going to bring that into compliance? MR. MARINOS: Yes, sir. That's the gist of it. October 26, 2023 Page 38 BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. BOARD MEMBER AYASUN: Second. Go ahead. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: Thank you. MS. BUCHILLON: We have a change to the agenda, another stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 13, CESD20220004521, German Diaz Sanchez and Taimi Martinez. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to modify the agenda. BOARD MEMBER ELROD: Motion to modify. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. October 26, 2023 Page 39 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we have, on the stipulation side of the house, 14 to do and then 13; is that correct? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: That was 13. MS. BUCHILLON: Do you want to do that one first or -- since we're there, or do you want to call 14 first? CHAIRMAN KAUFMAN: Whatever you want. MS. BUCHILLON: That's fine. CHAIRMAN KAUFMAN: You're the boss, Helen. We know that. MS. BUCHILLON: Okay. So we'll just do No. 13, and we'll just go after the other one. CESD20220004521. 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. GONZALEZ: I do. MR. DIAZ: I do. MS. NUNEZ: I do. CHAIRMAN KAUFMAN: Okay. Can you move the microphone down a little bit and then state your name, each one of October 26, 2023 Page 40 you, if you would. MR. GONZALEZ: Ariel Gonzalez, general contractor. CHAIRMAN KAUFMAN: Okay. MR. DIAZ: German Diaz, owner. CHAIRMAN KAUFMAN: Okay. MS. NUNEZ: Taimi Nunez, owner. CHAIRMAN KAUFMAN: Two owners and a contractor. Where have I seen this before? Chuck, do you want to read the stipulation into the record for us, please? 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 obtaining all required Collier County building permits or demolition permits made to the overhang west side of the primary structure within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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. How many days is -- MR. MARINOS: Ninety days. CHAIRMAN KAUFMAN: Ninety days, okay. BOARD MEMBER RUBENSTEIN: Do you have any October 26, 2023 Page 41 pictures? CHAIRMAN KAUFMAN: It's a stipulation. We don't have to hear it. Do you think 90 days is sufficient time to get everything done that you need to get done? MR. GONZALEZ: We tried to get a variance. We're waiting for that, sir. CHAIRMAN KAUFMAN: Okay. So you understand what Charles has read? MR. GONZALEZ: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER CURLEY: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Any discussion? CHAIRMAN KAUFMAN: No. BOARD MEMBER RUBENSTEIN: Do we have any pictures of this? I mean, I'm happy to vote on it. I'd like to see it. Charles? MR. MARINOS: I do have pictures. BOARD MEMBER RUBENSTEIN: No pictures? BOARD MEMBER ELROD: We're here not hearing the case. CHAIRMAN KAUFMAN: We're not hearing the case. BOARD MEMBER AYASUN: We're not hearing the case. October 26, 2023 Page 42 BOARD MEMBER RUBENSTEIN: All right. BOARD MEMBER CURLEY: This is fast tracking. CHAIRMAN KAUFMAN: Okay. We're done. Ninety days. Thank you. BOARD MEMBER CURLEY: We'll see pictures in 91 days if things happen. MS. BUCHILLON: The last stipulation. No. 14, CESD20230003519, Fast Track Construction, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. ESCOBAR: I do. CHAIRMAN KAUFMAN: And if you would, state your name on the microphone for us, please. MR. ESCOBAR: I do. CHAIRMAN KAUFMAN: Your name. MR. ESCOBAR: My name is Luis Escobar. CHAIRMAN KAUFMAN: And you -- you're the owner of the LLC, Fast Track? MR. ESCOBAR: Yes, I am. CHAIRMAN KAUFMAN: Okay. Do we have that settled, Helen? MR. PITURA: I confirmed that on Sunbiz. CHAIRMAN KAUFMAN: Okay. That's good. Do you want to read the stipulation into the record for us, Tom? MR. PITURA: I do. Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: October 26, 2023 Page 43 One, pay operational costs in the amount of $59.28 incurred in this prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections for the interior work, remodel the home, and/or remove said structure improvements including materials from the property within 180 days of this, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent shall 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. This is 180 days, six months? MR. PITURA: Yes. CHAIRMAN KAUFMAN: Okay. Do you have any problem meeting that deadline? MR. ESCOBAR: No, no. We appreciate you giving me the time because we have everything ready for all the plans and everything to the county to get a permit and finish the work. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER BHATLA: Aye. October 26, 2023 Page 44 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. ESCOBAR: Thank you very much. MS. BUCHILLON: We're going to go to, B, motion for imposition of fines and liens, No. 5, CELU20220004457, Lowe's Home Centers, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. THIBAUT: I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Give me a minute to read through this. This thing is getting quite expensive. You may have to raise the price of your refrigerators. BOARD MEMBER AYASUN: No. BOARD MEMBER CURLEY: I mean, they probably shouldn't have built it in the first place. CHAIRMAN KAUFMAN: Okay. Joe, do you have any comments on this case? MR. MUCHA: Yeah. I mean, do you want me to read the executive summary first, or do you want to discuss -- CHAIRMAN KAUFMAN: I mean, I'm looking here. Fines continue to accrue. The previously assessed penalties of $5,000 has October 26, 2023 Page 45 been paid. The costs of 59.28 have been paid. MR. LETOURNEAU: We'd like to read it into the record, if we could. CHAIRMAN KAUFMAN: Yes. MR. MUCHA: Okay. For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. Past orders: On July 28th of 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6183, Page 3971, for more information. On February 23rd of 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. Violation has not been abated as of October 26th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $500 per day for the period from August 28th of 2022 to October 26th of 2023, for 425 days, for a total fine amount of $212,500. Fines continue to accrue. Previously assessed civil penalty of $5,000 has been paid. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.63, for a total fine amount to date, $212,559.63. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. THIBAUT: Of course. Good morning, Board members. For the record, Amy Sarazen Thibaut with Pavese law firm. First and foremost, I'd like to thank Joe. He has been incredibly helpful throughout this process. For context, I was engaged by the property owner last month to assist with this matter; however, as you are fully aware, this has been October 26, 2023 Page 46 ongoing for almost a year and a half. So to bring you up to speed, if you don't remember what has happened, I believe the violation was found in May of 2022. Notice of violation was sent; notice of hearing was sent. Unfortunately, the nature of large companies like Lowe's is that they don't always get notices even when they're sent in accordance with Chapter 162, like what happened here. So at some point after the July 28th, 2022, hearing where the property owner did not show up, they were then made aware that there was a violation, that there was a case open. They had other counsel who came in front of you in February of this year and requested a continuance for six months, which you granted and we are incredibly grateful for that. In addition, as we've already discussed, Lowe's already paid the $5,000 civil penalty and the administrative costs from the last hearing; however, in the time between that February hearing to now or, really, until they engaged me last month, they had relied on outside assistance that they were not getting. So they have since engaged me. I have been working with county staff, including Joe. I've also been working with Development Review Services. We are in the process of submitting for an insubstantial change to their SDP. I have actually uploaded most of those documents to the portal. I have not submitted yet because I'm waiting on just one more document, which I will hopefully have today. So we are in the process of seeking the SDPI. We acknowledge that this is something that should have happened before now but, again, the client has tried in good faith to abate, to obtain these approvals, and they were not able to do so until they have engaged me and some other outside folks. So we're working on it diligently. We would request another six-month extension just to allow for October 26, 2023 Page 47 review and hopefully approval of the insubstantial change that we're requesting. Certainly, we are aware that time is of the essence. It is of the essence for us as well. We don't like this number that we're seeing. So we're trying to abate as quickly as possible. So the goal would be to abate well before six months if we could, but we're simply asking for some reasonable time to get the site plan. CHAIRMAN KAUFMAN: Okay. As I understand the original SDP, you're required to have so many parking spaces for how many square footage you have in the store. Some of those parking spaces are filled with other Lowe's products, which brings this into violation. MS. THIBAUT: That -- yes. CHAIRMAN KAUFMAN: To go for a substantial change, you're going to be asking for some relief in that regard. How you work that out is not our concern, but it is your concern. I'll ask Jeff if you have any idea how long a substantial change generally takes. MR. LETOURNEAU: It could be a year, seriously. I mean, it depends on exactly what they're asking for. And I know the zoning department is very busy with these types of changes right now. So, yeah. CHAIRMAN KAUFMAN: So six months is not out of the realm of possibilities as far as a continuance? MR. LETOURNEAU: I think six months is -- if they don't have it done, obviously, is a good milestone, you know, where they can come back and say, yeah, we've got this, this, and this so far. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I mean, isn't -- can't you just not sell mulch for half a year? October 26, 2023 Page 48 VICE CHAIRMAN FUENTES: Wait, wait, I need mulch. BOARD MEMBER ELROD: It's not that simple. CHAIRMAN KAUFMAN: No arguments on the Board. BOARD MEMBER CURLEY: I'm not asking to rehear the case, but -- CHAIRMAN KAUFMAN: No, I understand. One of the things, Lowe's has been an outstanding business in Collier County, and I have no problem making a motion to extend a continuance for six months. Any other comments from the Board? Lee, you're lit up here. BOARD MEMBER RUBENSTEIN: Yeah. I recall this very well from last time that you were trying to redo the PUD. That's what sticks in my mind, that you -- that the original PUD really was not adequate for the business that you were doing, or the way you were marketing. And so I didn't have a problem with it. Like Bob says, you guys are great corporate citizens. You generate a lot of sales tax and provide a lot of jobs. You're the type of business that counties go out and look for, and I just want you to know that this isn't a form of harassment. MS. THIBAUT: Oh, certainly not. BOARD MEMBER RUBENSTEIN: And -- are you doing this on your other stores in Collier County, the one up on -- off Pine Ridge up there? MS. THIBAUT: So there are -- this particular store is the one that is also on Tamiami Trail East, and it's conventionally zoned -- yes, there's another store that's on Naples Boulevard, and then the one up on Pine Ridge, I think, is a separate one. I am working with them -- to be completely transparent, I am working with them across Southwest Florida generally, so not just Collier, but also Lee and Charlotte. So I have several code enforcement matters that I'm managing, and I can't speak to the other October 26, 2023 Page 49 stores off the top of my head. With this particular store, it is conventionally zoned C-4. So the use here, we don't have to change any zoning. Accessory uses in C-4 are permitted, including, specifically, outdoor merchandise, outdoor display of merchandise. The real issue we're having here is that yes, some of the inventory is in a parking area, so we have more spaces than what is -- the minimum that is imposed by the county. BOARD MEMBER RUBENSTEIN: Do your other stores have similar space issues? MS. THIBAUT: Actually, our other stores have way -- far more in excess of the minimum parking spaces than this particular store, but with our insubstantial change, we're not seeking to decrease the parking spaces below what is required. We're just seeking to lower it from what was approved originally while keeping it within the perimeters of what is required by the code. And the second issue here is also screening. We are required by Section 4.02.12 of the Land Development Code to install 7-foot opaque screening in accordance with that particular section. We are seeking to do that, but we need to get the insubstantial change to the Site Development Plan approved before we can come in and put a fence up. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Thank you. This is an imposition of fines. Are we going to tie in an extension with it? CHAIRMAN KAUFMAN: What you can do with this particular case, since it is not into compliance, is you can extend it using a continuance, or you can impose the fine. That's the only two things you can do. So I made a motion to extend it six months, and it was seconded. So that's the motion that's on the table right now. MR. NOELL: And just for clarity, that's the motion to continue the county's motion for imposition of fine hearing? October 26, 2023 Page 50 CHAIRMAN KAUFMAN: That's correct. MR. NOELL: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Shall we vote? CHAIRMAN KAUFMAN: Okay. All those -- any other comments on it? BOARD MEMBER RUBENSTEIN: Fines continue to accrue? CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: We'll tackle that fine six months from now when it's hot outside. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: (Absent.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. THIBAUT: Thank you so much. CHAIRMAN KAUFMAN: I counted your vote as an aye. Do you see that? MS. BUCHILLON: Next case -- we're still under imposition of fines -- No. 17, CELU20220010924, Fash Properties, LLC, and also No. 18, CELU20210003385, is theirs also. 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? October 26, 2023 Page 51 MR. MIGAL: I do. MS. HILA: I do. MR. STEWART: I do. MR. GREEN: I do. MR. ZIEGLER: I do. CHAIRMAN KAUFMAN: Give me a minute to find this. We have a stack of these. It's all the way at the end, almost. BOARD MEMBER AYASUN: I don't have any kind of an order. Okay. Got it. CHAIRMAN KAUFMAN: You found it? BOARD MEMBER AYASUN: Yes. BOARD MEMBER RUBENSTEIN: No. BOARD MEMBER AYASUN: I did. I found 10 -- okay, 924, ending 924. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. Everybody's been sworn, Terri? THE COURT REPORTER: (Nods head.) MS. HILA: Morgan Hila. MR. STEWART: David Stewart. MS. GREEN: Gina Green. MR. ZIEGLER: David Ziegler. CHAIRMAN KAUFMAN: Hail, hail, the gang's all here. Okay, Rick. This is similar to the past case that's not been abated. Do you want to read this into the -- 17 into the record for us, please? MR. MIGAL: Okay. Past orders: On February -- I'm reading first 3385? Okay. MS. BUCHILLON: 10924. BOARD MEMBER RUBENSTEIN: Are we working on 924? MR. MIGAL: Start with 924. October 26, 2023 Page 52 BOARD MEMBER AYASUN: No, 3385. MR. MIGAL: Helen just directed me to read -- what? I've got it right here. CHAIRMAN KAUFMAN: Do you want to hear both of these at the same time, and then we'll vote on them individually? MR. MIGAL: Okay. Am I reading both? CHAIRMAN KAUFMAN: Well, no. Read -- MR. MIGAL: They're identical. CHAIRMAN KAUFMAN: -- 17 -- well, read one, and we'll -- MR. MIGAL: Okay, for 10924. Past orders: On February 23rd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6225, Page 1812, for more information. The violation has not been abated as of October 26th, 2023. Fines have accrued at a rate of $150 per day for the period from August 23rd, 2023, to October 26th, 2023, 65 days, for a total fine amount of $9,750. Fines continue to accrue. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing are $59.42. The total amount is $9,809.42. CHAIRMAN KAUFMAN: Okay. If you could, give me a quick summary of what this case was all about. MR. MIGAL: Okay. They're operating a landscape maintenance company and nursery operations on an ag zoned property out off of Rock Road. We have multiple cases in the area very similar. Their directive from a determination made by the zoning department was to get an SDP, Site Development Plan, and we're in the process -- in fact, they've recently -- they're going to tell you what they've done recently to further that cause. They've hired October 26, 2023 Page 53 an engineer and they had surveys done, or are in the process of surveys. CHAIRMAN KAUFMAN: Okay. Great. MS. HILA: Good morning, Morgan Hila with the law firm of Davies Duke, and our firm represents Fash Properties with Items 17 and 18. We're respectfully seeking additional time to reach compliance. I have with me today our client representative, David Stewart, as well as the civil engineer for the properties, Gina Green. Since February, we've been working diligently to obtain the necessary components for the Site Development Plan, one of which was the survey which, unfortunately, due to, you know, the slowness of services after Ian and things like that, we've -- it was significantly delayed in coming back to us. We're fully committed to addressing this. We've been really proactive taking steps to remedy the situation, including engaging a civil engineer. We've already had the pre-application site development meeting with the county. So now we're moving forward with that. We'll need the landscape architect and the completion of the Traffic Impact Study as well. We're committed to achieving compliance. We've already taken these steps. So right now we're requesting a continuance of this for 120 days from today so that we can get everything done for the Site Development Plan, and we'll meet everything with the utmost diligence. We have spoken with the county. We spoke with Mr. Letourneau, and we know that they don't have any objections to the 120-day extension of time for the Site Development Plan. CHAIRMAN KAUFMAN: Okay. Is that true, Jeff? MR. LETOURNEAU: Yes, sir, that is correct. CHAIRMAN KAUFMAN: Okay. October 26, 2023 Page 54 VICE CHAIRMAN FUENTES: It's good for me. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this or any discussion? BOARD MEMBER ELROD: I'll make a motion to grant the 120 days. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. VICE CHAIRMAN FUENTES: We do need today's operational costs to be paid, though, within 30 days. It would have to be the 59.42 for today, to be paid within 30. MS. HILA: Okay. Okay. CHAIRMAN KAUFMAN: Or we could just add it to the bill when this gets done. VICE CHAIRMAN FUENTES: No. CHAIRMAN KAUFMAN: But it should be paid today with -- BOARD MEMBER RUBENSTEIN: I have a question, though. Bob. CHAIRMAN KAUFMAN: Go ahead. What's your question, Lee? BOARD MEMBER RUBENSTEIN: If you grant the extension, are they still operating the landscaping business during this process? CHAIRMAN KAUFMAN: Probably. Is that correct? MS. HILA: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Is that legal? CHAIRMAN KAUFMAN: No, that's why there's a case. MR. LETOURNEAU: I mean, technically right now it's a code violation. They are trying to abate it. They did apply for a Site Development Plan a couple weeks ago. I don't see -- they've been operating for how many years? October 26, 2023 Page 55 They're technically getting fined right now for operating the business. And the Site Development Plan, if it follows through, will abate the violation at that time. So they are operating the -- VICE CHAIRMAN FUENTES: Well, let's recap the motion here. It's going to be granted 120 days with today's operational costs of 59.42 to be paid within 30. CHAIRMAN KAUFMAN: Right. MS. HILA: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, the second case, we're going to vote on that separately. MR. MIGAL: Would you like me to read that in as well? CHAIRMAN KAUFMAN: Okay. Do you want to read that in, please? MR. MIGAL: Past orders: On February 23rd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6225, Page 1816, for more information. Violation has not been abated as of October 26th, 2023. Fines have accrued at rate of $150 per day for a period from October 26, 2023 Page 56 August 23rd, 2023, to October 26, 2023, or 65 days, for a total fine amount of $9,750. Fines continue to accrue. Previously assessed operational costs of $59.35 have been paid, operational costs for today's hearing is $59.42, and the total amount is $9,809.42. CHAIRMAN KAUFMAN: Okay. And just like the other one, I'll make a motion that we do the same thing, which was grant a 120-day continuance, the 59.42 to be paid within 30 days on this particular case. BOARD MEMBER ELROD: Second. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Two seconds. That makes it a fourth. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sue, you wanted to say something? BOARD MEMBER CURLEY: No. That was, like, three motions ago. CHAIRMAN KAUFMAN: Okay. MS. HILA: Thank you. CHAIRMAN KAUFMAN: Thank you. We're going to take a court reporter break now for the next 13 minutes. (A brief recess was had from 10:29 a.m. to 10:43 a.m.) October 26, 2023 Page 57 CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Which brings us to? MS. BUCHILLON: Brings us to D, hearings, and we are going to go to No. 5, CESD20230000232, FM Naples Storage 18 FL, LLC, in care of Extra Space Storage, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURE: I do. MR. FAIRFIELD: I do. MR. MORRIS: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MR. FAIRFIELD: Joshua Fairfield. MR. MORRIS: Tim Morris. CHAIRMAN KAUFMAN: Okay. And you have the permission from FM Storage to speak in their behalf? MR. FAIRFIELD: Yes, it's on the record. CHAIRMAN KAUFMAN: Okay. Tom? MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CESD20230000232 dealing with violations, Collier County Land Development Code 04-41, as amended, sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Description of violation: Asphalt resurfacing work done in the county right-of-way before obtaining a permit located at 3687 Exchange Avenue, Building C, D, G, and F, Naples, Florida, 34104; Folio 272480005. Service was given on March 13th, 2023. Details of the case are: This case originated January 11th, October 26, 2023 Page 58 2023, by former investigator Valder St. Surin. During his investigation, he made contact with the storage manager making him aware a determination was made by the county requiring a permit for the asphalt work. He made numerous attempts to have the manager, who is no longer there, to communicate with the owners what is needed for compliance. During my investigation, which I started in July of 2023, I was able to speak to the new manager, Tim, who began informing the owners that a permit was required for the asphalt work. I did give him the permitting division contact number to make appointment to obtain required permits. As the case continued, a permit was not obtained. They are in process of hiring a licensed contractor and are wanting to complete all work and inspections. Currently, as of my recent inspection made on October 25th, no permits had been initiated. I would like to now present case evidence in the following exhibits: Three pictures taken by former investigator Valder St. Surin on January 12th, 2023; two pictures taken by myself on September 8th, 2023; a determination; an aerial; and a recommendation. CHAIRMAN KAUFMAN: Okay. Have you seen the photos? MR. FAIRFIELD: I have not. MR. MORRIS: I have. CHAIRMAN KAUFMAN: Would you show them. Do you have any objection to those photos? MR. FAIRFIELD: No, sir. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos. BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER RUBENSTEIN: Second. October 26, 2023 Page 59 CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Tom. MR. PITURA: Okay. This is the picture taken by former investigator Valder. It's showing that this was not asphalted at the time. This picture is showing that the trucks were out there. They had begun to do the asphalt work. This picture is showing that the asphalt work was done. So on this picture right here, this has been to where they had completed all the work. My picture that was taken is just showing that during my inspection, that the work was still done with no permit. Again, the other side, so it was both sides of the complex where they had asphalted to the road, and no permit has been taken out at this time. CHAIRMAN KAUFMAN: Not wishing to be too foolish, but it looked like they paved over an area that was in complete disrepair. MR. PITURA: Yes. CHAIRMAN KAUFMAN: So if they tear this up and make it in disrepair again, they'd be in compliance? MR. PITURA: They just need to get the necessary permit for October 26, 2023 Page 60 what has already been done out there. So the new contractor's going to have to come in, take out the permit, and get all the inspections they're going to need in order to final what they've done out there, or they're going to have to remove it if they can't get a permit for it. BOARD MEMBER CURLEY: Can you show the first picture that you shared. MR. PITURA: This one. BOARD MEMBER CURLEY: No, the gravely one. Because that looks like it's been scraped by a contractor. MR. PITURA: Yeah. Well, they began to do the work, and we got the complaint in, and then once the complaint came in, that it was shown -- when the other former investigator came out, he saw that they started the work, but there was no permits at that time. CHAIRMAN KAUFMAN: Where did the complaint come from? MR. PITURA: The complaint came from a -- just an average citizen that had made the complaint. I don't have exactly who it was now. BOARD MEMBER CURLEY: So who's responsible for paving that area; the county? MR. PITURA: No. It's their responsibility, because the asphalt work had gone from that area back into Buildings C, D, G, and F. So they did quite a bit of work back into -- from there into the storage units. BOARD MEMBER CURLEY: So they maintained their property. MR. PITURA: They have to, yes. CHAIRMAN KAUFMAN: Okay. Lee? BOARD MEMBER RUBENSTEIN: Yeah. Jeff. MR. LETOURNEAU: Yes. BOARD MEMBER RUBENSTEIN: Just from looking at the October 26, 2023 Page 61 pictures, wouldn't this be considered a maintenance item and not an item for new permitting? This is an existing asphalt that's being repaired; is that correct, fellows? MR. FAIRFIELD: Yes, but I'll go ahead. In fairness, the issue is we went to the right-of-way, and we will admit that in our original agreement with the contractor, he was supposed to stop at the fence line, in the interest of fairness. So he did overstep in trying to do a good job, which is what caused this, so... MR. LETOURNEAU: That's correct. Any time -- if you're doing your own driveway on your own property, you normally don't need a permit. Once you start stepping into the county right-of-way, you need inspections and a permit. BOARD MEMBER RUBENSTEIN: Okay. Thank you. BOARD MEMBER CURLEY: All right. So we need to make a motion a violation exists. CHAIRMAN KAUFMAN: Wait. Whoa, whoa, whoa. If you want to speak, please push your button. We need them to testify first. MR. FAIRFIELD: We don't disagree with the facts that were presented. We did -- it was paved in the right-of-way. It should not have been to begin with, and if it was, it should have been permitted. We are committed to getting a permit. The issue has been outstanding for so long because the ownership group is based in New York. So to get a wet seal signature was a challenge. That method to receive the wet seal has been rectified. The acknowledgment form that Tom has sent me to address it is being overnighted back to me today with a wet seal. So this should be resolved fairly quickly now. CHAIRMAN KAUFMAN: Okay. So this was a case that the contractor tried to do the right thing. The only thing that was missing was the actual permit. Have you found out how long it will October 26, 2023 Page 62 take to get a permit to do this? MR. FAIRFIELD: I have not, but knowing that all we're doing is someone -- a contractor verifying the work completed to regular, generally accepted standards, I suspect within 60 days. CHAIRMAN KAUFMAN: Okay. They're not going to tear this up and do it again? MR. FAIRFIELD: I have no plan to tear it up. My plan is to get it approved as is. Now, if the county contends that the asphalt was below county engineering standards, because it would have been the same standards for the parking lot, then that would create a problem, yes. But the plan is not to tear it up. CHAIRMAN KAUFMAN: Okay. So having all of that discussed, do we find that a violation exists? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Do you make a motion that a violation -- BOARD MEMBER RUBENSTEIN: I'll make a motion that the violation does exist per the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on that? VICE CHAIRMAN FUENTES: I say we give them 180 days. CHAIRMAN KAUFMAN: Well, let's find out if it's in violation first. It's okay. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. October 26, 2023 Page 63 BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It carries unanimously. Now -- VICE CHAIRMAN FUENTES: I think we give him 180 days. This is -- BOARD MEMBER RUBENSTEIN: I'll fill in the rest. BOARD MEMBER CURLEY: There's nothing to fill in. I second that. CHAIRMAN KAUFMAN: Okay. So we have a motion to grant 180 days to come into compliance. Is that your motion? And the fees for today's is -- MR. PITURA: 59.28. CHAIRMAN KAUFMAN: Is it 59.28? BOARD MEMBER AYASUN: 59.28. (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: Paid within 30 days. VICE CHAIRMAN FUENTES: I thought we were just having a discussion. I wasn't making a motion here. I would just suggest 180 days. But if you want me to make a motion, I can. CHAIRMAN KAUFMAN: Why don't you. Okay. That's fine. MS. BUCHILLON: Do you want him to read the recommendation first? CHAIRMAN KAUFMAN: Yes. VICE CHAIRMAN FUENTES: I just want to have discussion. CHAIRMAN KAUFMAN: Tom, what's your -- BOARD MEMBER CURLEY: Whichever's easiest. MR. PITURA: Thank you. That the Code Enforcement Board orders the respondent to pay October 26, 2023 Page 64 all operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the asphalt resurfacing and/or remove said structure or improvements including materials from the property within X amount of days, or a hearing [sic] of this fine -- X amount per day will be imposed until the violation is abated; Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct 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 provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Now, do you want to make that motion? VICE CHAIRMAN FUENTES: Yes. CHAIRMAN KAUFMAN: Go ahead. VICE CHAIRMAN FUENTES: I want to make a motion that you guys do pay the operational costs for today of 59.28 within 30 days. I would also like to grant you guys 180 days, and a fine of $50 per day would be imposed if you guys couldn't meet it. With that being said, this is pretty generous. We're going to double the time that you're asking, so we do appreciate that you guys are making the effort to comply and continue to do so. We appreciate that. MR. FAIRFIELD: Absolutely. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. October 26, 2023 Page 65 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Any discussion on the motion? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Lee. BOARD MEMBER RUBENSTEIN: I think the days are fine. I think the fine might be a little strong considering that it was a contractor and not the owners that did the work. I would support the 180 days and down to $20 a day, if you would consider that. VICE CHAIRMAN FUENTES: That's fine with me. That's okay. BOARD MEMBER CURLEY: There's no fine until six months from now. MR. FAIRFIELD: We have no objection to the $50. BOARD MEMBER CURLEY: And six months. BOARD MEMBER AYASUN: I have no objection -- VICE CHAIRMAN FUENTES: I have no objection to the 20. So we'll figure it out. CHAIRMAN KAUFMAN: Okay. I'm guessing that in six months this is just gone, so -- MR. FAIRFIELD: Yes. CHAIRMAN KAUFMAN: So $50, $25, $6.78, it doesn't much matter. MR. NOELL: Only for the purposes of the order that I have to draft. CHAIRMAN KAUFMAN: Yeah. Okay. Don't make it $6.78. Okay. We have a motion: 180 days, $50 a day after that, and the operational costs of 59.28 paid within 30 days. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. October 26, 2023 Page 66 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. FAIRFIELD: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. PITURA: Thank you. MS. BUCHILLON: Next case -- we're still under hearings -- No. 12, CENA20230008527, Robert P. Yardley and Louise L. Yardley. CHAIRMAN KAUFMAN: Okay. I have a slip for a speaker. MS. BUCHILLON: I was going to ask you that. The respondent's not here, but we do have the speaker. CHAIRMAN KAUFMAN: Okay. Well, we'll hear the case first, and then we'll hear the speaker. MS. BUCHILLON: 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. PACKARD: I do. CHAIRMAN KAUFMAN: Okay. Jason, it's up to you. Let the record reflect that the respondent is not present. MR. PACKARD: Good morning, folks. For the record, Jason Packard, Collier County Code Enforcement. This is in reference to Case No. CENA20230008527 dealing with a violation of the Collier County Land Development -- I'm sorry -- Collier County Code of Laws and Ordinances, Chapter 54, October 26, 2023 Page 67 Article VI, Section 54-185(a), a repeat violation of weeds and grass in excess of 18 inches throughout this entire improved residential lot, including the swale located at 5340 Myrtle Lane; Folio 60780600003. Service given on September 28th, 2023. This case originated as a complaint from a member of the community. The initial inspection was performed on September 28th, 2023. I observed tall weeds and grasses in excess of 18 inches throughout the parcel. Property research revealed a previous case recently adjudicated for the same violation with abatement performed by a Collier County vendor. I issued an NOV while on site for the repeat violation. No one was present on site at the time. NOV was posted to the front door, the Collier County Courthouse, and mailed to the property owner. On my reinspection, the lot had not been cut, and case was prepared for hearing. As of today, the violation remains. CHAIRMAN KAUFMAN: Okay. So the last case that was on this, they never cut the grass. The county cut it on their behalf? MR. PACKARD: They were present at the hearing. They signed a stipulation. They did not cut the grass and then, yes, the county abated the issue. CHAIRMAN KAUFMAN: Okay. So here we go again. Do you have pictures for us? MR. PACKARD: Yes, sir. I'd now like to present case evidence in the following exhibits: An aerial from Collier County Property Appraiser; an aerial from the Collier County zoning assistant; four photos taken by myself from September 28th; and one photo taken by myself from October 25th. I also have the property deed and the previous order if you'd like to view it. CHAIRMAN KAUFMAN: Okay. Get a motion from the October 26, 2023 Page 68 Board to accept the photos. BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Jason. MR. PACKARD: This is the zoning assistant aerial. Property in question is 5340 up here at the top. The Property Appraiser, same parcel. This is a photo from the 28th looking at the swale into the property. From the 28th as well from the roadway looking towards the property. From the 28th as well, 28th as well, and then yesterday from the neighboring yard. Still uncut. CHAIRMAN KAUFMAN: You have discussions with the owner of the property? MR. PACKARD: As far as I'm aware, the owners have had medical issues. We have, I think, two current open cases as well, property maintenance case and a site development case, and there's been little contact in those cases, little contact in this case. The last time I personally spoke to the property owner or representative of the property was when they were here and they October 26, 2023 Page 69 signed that stipulation in March, I believe. CHAIRMAN KAUFMAN: It's unfortunate that they have medical problems, but it's more unfortunate that they have somebody who's a neighbor that has to live with this. So having said all of that, let's go to the speaker. Is it Gregory or George? MS. BUCHILLON: It's Greg. CHAIRMAN KAUFMAN: Greg, okay. We're going to send you to penmanship school. MR. VILK: Yeah. 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. VILK: I do. THE COURT REPORTER: Can you state your name. MR. VILK: Gregory Vilk. CHAIRMAN KAUFMAN: Bring the mic down a little bit. There you go. MR. VILK: V as in Victor, i-l-k. I am newer to the community, and I own the properties next door. When I bought there, I asked about that property and was told the neighbor's owner was elderly in a nursing facility. The wife was moved in with a friend or family member. I took it as that. Come to find out, the husband is in a nursing facility. The wife is out and about. They have two adult children in their 50s and 60s that have at least 50 arrests with narcotics, theft, larceny, automobile theft. It goes on and on and on. As I got to meet the neighbors around, the neighbors just don't like to complain. I put an extensive amount of money to buy this property next to me, and I think the value's dropped at least 800,000, and I plan to go October 26, 2023 Page 70 to get a reduction on my taxes if this doesn't clean up. But this has gone on for decades, decades. The drug activity on this street -- I see the sheriff in marked and unmarked vehicles every single day. The fire rescue is there at least once a week. I've had people strung out and hallucinating naked on my property in the middle of the night. There are kids on bikes. There are bikes going into the house. The house they stay in is not habitable based on what I was told by the sheriff, head of narcotics, and the fire rescue department. But they live there. And I'm not here to throw anybody under the bus. I'm blown away -- blown away that the county has allowed this to go on. And there's another property when I made this complaint -- there's another one up the street that's just as bad, and we wonder why we have a drug problem along -- by Lely and along 41. This is your -- this is your hornet's nest, both of these properties, and they're known. They're known to the county. As far as the neighboring property, we're here for that. Those pictures don't do it justice, to be honest. I've given the Sheriff the right to access my property anytime to observe. I'm happy to let Code Enforcement look, because it's two parcels. You're only looking at one. It's worse in the backyard. So it is absolute neglect. You have drug activity every single day. I ask for each one of you to go down Myrtle Lane -- I don't have to tell you where it's at -- and you tell me what's going on. CHAIRMAN KAUFMAN: What I find coincidental is the first case we heard on the nuisance abatement was a similar case to this. Now, you're saying that the respondents are living there, or the children are living there? MR. VILK: The adult children live there. I had thought they weren't supposed to be living there. It's a garage that's enclosed on the first floor. They reside there. There's an air conditioner that's October 26, 2023 Page 71 thrown in a piece of opening with an electrical cord going to it. I don't know if they're living on the main level, which is the second level. It doesn't matter. There's 10, 15, 20 people there at times. There's people in and out all day long. There is absolutely nothing I can do with my property with this going on. BOARD MEMBER CURLEY: So the photographs look to me like it was an old stilt house. MR. PACKARD: Yeah. And there's currently a property maintenance case for living conditions, and then there is a site development case for the stilt home aspect of it being enclosed on the first level. BOARD MEMBER CURLEY: And those are new cases? MR. PACKARD: No. This case is newer than those two cases. Those two cases, I believe, go back to July, possibly. CHAIRMAN KAUFMAN: Let me -- is this homesteaded property, do you know? MR. LETOURNEAU: It is. I just checked it. Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So just one other point. To your -- what you're testifying to is that the adult children likely are living there and -- but you do still see the elderly mother? MR. VILK: I see a car and an older lady. She doesn't stay there. But I see her there during the day once in a while. It's the two children that are there. But from what I hear from the neighbors, this has been going on for 20 years. BOARD MEMBER CURLEY: You can address the homestead at a different level. CHAIRMAN KAUFMAN: Well, the reason I ask homestead, if it's not homesteaded, the county can foreclose. If it is homesteaded, that's a different situation. BOARD MEMBER CURLEY: So, Bob, we all know that. October 26, 2023 Page 72 But this particular case sounds like the owners aren't living there. So it might be homesteaded, according to the county, but they just might need to investigate to un-homestead it. MR. VILK: Yeah. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I would like to say also that the permitting case involving the enclosure of the bottom has been to a hearing. The compliance date is coming up in November on that particular case and -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- they've done nothing so, obviously, the fines are going to start running on that shortly. CHAIRMAN KAUFMAN: Okay. Let's start out with, does a violation exist? BOARD MEMBER AYASUN: Yes. CHAIRMAN KAUFMAN: Get a motion to that effect. BOARD MEMBER AYASUN: Yes. BOARD MEMBER ELROD: Motion that a violation exists. BOARD MEMBER CURLEY: Second. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you -- October 26, 2023 Page 73 BOARD MEMBER AYASUN: The violation is only for the grass? CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER AYASUN: Okay. CHAIRMAN KAUFMAN: Do you have a suggestion for us, Jason? MR. PACKARD: Yes, sir. I do have a 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 -- abate all violations by: One, paying a civil penalty in the amount of blank dollars for the repeat violation within 30 days of this hearing; Number 2, mowing or cause to be mowed all weeds, grass, or other similar non-protected overgrowth in excess of 18 inches in height down to a height of less than six inches on subject property within blank days from this hearing, or a fine of blank dollars will be imposed for each day the violation continues; Number 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. CHAIRMAN KAUFMAN: Okay. I'd like to fill in the blanks, if you don't mind. I'd like to grant the $5,000 civil penalty on this property; $500-a-day fine starting within 30 days. And the operational costs of $59.28 paid within 30 days. VICE CHAIRMAN FUENTES: Second. BOARD MEMBER CURLEY: May I make a comment that October 26, 2023 Page 74 the mowing you want to start within 30 days? How about seven? BOARD MEMBER RUBENSTEIN: Does he know this? BOARD MEMBER AYASUN: I was going to second the motion with the seven-days provision, not 30 days. CHAIRMAN KAUFMAN: Okay. I'll modify my motion that -- the lawn to be cut within seven days. They didn't cut it the last time. So, okay, seven days. Do we have a second? BOARD MEMBER CURLEY: I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And the gentleman that was up here before, these are severe penalties on this. Hopefully this will get resolved one way or the other. If not, I would go through the Collier County Sheriff's Department just like that first case we heard. MR. VILK: He told me to come here. CHAIRMAN KAUFMAN: Okay. Well, you're here, and we acted on it. MS. BUCHILLON: Mr. Kaufman? MR. PACKARD: Thank you, sir. BOARD MEMBER RUBENSTEIN: We have this guy's imposition of fines sitting here waiting on the same property. October 26, 2023 Page 75 MS. BUCHILLON: I was going to just say that. Under imposition of fines, No. 20, is for imposition on another case for them. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: CEPM20230002425, Robert P. Yardley and Louise L. Yardley. CHAIRMAN KAUFMAN: Okay. Again, let the record reflect the respondent is not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. CHAIRMAN KAUFMAN: Give me one minute. BOARD MEMBER CURLEY: Is it Yardley? MR. HOLMES: Yes. MS. BUCHILLON: Ending in 2425. CHAIRMAN KAUFMAN: Do we have a sheet on this, Helen? MS. BUCHILLON: Yes, almost at the end. BOARD MEMBER AYASUN: I got it. BOARD MEMBER CURLEY: They're not numbered. MS. BUCHILLON: No. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. HOLMES: Absolutely. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On July 31st, 2023, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6296, Page 3516, for more information. The violation has not been abated as of August -- or October 26, 2023 Page 76 October 26th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for the period from August 31st, 2023, to October 26th, 2023, 57 days, for a total fine amount of $2,850.00. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing: $59.28. Total amount: $2,968.56. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER CURLEY: I'll make a motion to impose the county's fines. CHAIRMAN KAUFMAN: Okay. We have a motion. And a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. The fines continue to accrue. Okay, Helen. MS. BUCHILLON: Next case, under old business, motion for imposition -- MR. LETOURNEAU: Helen, before we go, just to clarify, the October 26, 2023 Page 77 operational costs also? Because she just mentioned the fines. BOARD MEMBER CURLEY: Yes. MR. LETOURNEAU: You also impose -- CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Okay. All right. Thank you. BOARD MEMBER ELROD: The dollar amount is included. MS. BUCHILLON: That's okay. Number 1, CESD20210002284, Margot Ricardo and Magdiel Gonzalez. 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. GONZALEZ: Yes, I do. MS. RICARDO: I do. Good morning. My name is Margot Ricardo. MR. GONZALEZ: And Magdiel Gonzalez. CHAIRMAN KAUFMAN: Okay. MR. PITURA: Thomas Pitura. CHAIRMAN KAUFMAN: Tom, do you want to read this into the record for us? MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On April 28th, 2022, the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6130, PG2956, for more information. Violation has not been abated as of October 26th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 27th, 2022, to October 26, 2023 Page 78 October 26th, 2023, 426 days, for a total fine amount of $42,600. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.28. Total amount is $42,659.28. CHAIRMAN KAUFMAN: Okay. MS. RICARDO: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. RICARDO: I was talking to Tom because we need to continue the job. The problem -- CHAIRMAN KAUFMAN: I'm sorry. Could you say that again? MS. RICARDO: Yeah. I was talking to Tom. I want to continue the job. I want to ask you for more days, because the problem is we do not understand what we have to do exactly because in the electricity inspection, they notify weatherproof cover need to install correctly and the seam disconnect. Any electrician you want to do the job because they say I'm not sure what I have to do. I was two time in Collier office to ask them what I have to do. They not was sure. They told me you have to talk to the electricity inspector. He told me by phone I have to connect weatherproof outside. I want to ask you for more day, maybe 90 day to complete the job because now I'm sure what I have to do. CHAIRMAN KAUFMAN: Well, this goes back to August -- or April of 2022. MS. RICARDO: Yeah. CHAIRMAN KAUFMAN: 426 days. If you haven't done anything in that amount of time, and it sounds like you haven't, why would the Board entertain granting you more time? Tom. October 26, 2023 Page 79 MR. PITURA: She did take out a demolition permit. The demolition permit is not completely finaled. There's a couple things, like she was saying. She has an issue with the electrical work. That's been -- she has communicated that electrician [sic]. That can get done. That can get finaled out. But there are a couple other things. The utility room and the lanai needs to be permitted. She understands that a licensed contractor is going to need to take, you know, the permits out, the after-the-fact permits. But the work is already done. I saw it. It's pretty much something where they're just going to need to have to take the permits and close it out. CHAIRMAN KAUFMAN: Okay. What we have in front of us is this has not been abated. So our choice is to either grant a continuance of some period of time or to impose the fine. MR. PITURA: Correct. CHAIRMAN KAUFMAN: Okay. I'd like to hear from the Board. BOARD MEMBER CURLEY: Well, it just would be helpful to have a clear timeline of what's occurred in the last -- since May a year ago. MR. GONZALEZ: Eighty percent of the job is completely done. I reopened a permit for the lanai, but I forgot to call for inspection. But I already opened the permit. I just have to go and call for inspection. CHAIRMAN KAUFMAN: Have you called for the inspection? MR. GONZALEZ: No. I have to call -- I have to reopen the permit again because the time is done, you know. CHAIRMAN KAUFMAN: So the permit has expired? MR. GONZALEZ: Yeah, it's expired, but I reopened the permit a couple months ago. October 26, 2023 Page 80 CHAIRMAN KAUFMAN: Okay. If you reopened it, and it's done, why hasn't it been inspected? MR. GONZALEZ: I forgot to call for inspection, but I'm going to reopen it again. VICE CHAIRMAN FUENTES: Did it get expired? What date? Thomas, do you know when it got expired? MR. PITURA: That permit was expired for quite some time right now; way back in -- it's been expired since -- for well over eight months. VICE CHAIRMAN FUENTES: So, man, that's not good. MR. GONZALEZ: I know. VICE CHAIRMAN FUENTES: That's a sign of negligence. MR. GONZALEZ: All the plumbing is done. Open garage. I already tear it down. Electricity I did exactly what the county told me, but I have to change the electricity panels. I have to order -- I have to do -- they told me to -- I have to do -- I have to put weatherproof electricity, like, covered panels. That's the only thing I'm missing in the -- on the lanai. That's the only two things I need to do. BOARD MEMBER CURLEY: I have a question for the county. Did you -- did I understand you right when you had said that they need to hire a licensed contractor to finish this? MR. PITURA: They're going to have to, yes. BOARD MEMBER CURLEY: Are you a licensed contractor or electrician? MR. GONZALEZ: No. MS. RICARDO: No. Yeah, I have electrician contractor. They will do the job for me, but they told me I have to be sure what I have to do about electrician. BOARD MEMBER CURLEY: So we can't tell you what to do. October 26, 2023 Page 81 That's not what our job is. MS. RICARDO: Yeah. The people who did the information about the electrician told me by cell phone exactly what I have to do. BOARD MEMBER CURLEY: So the person that did the work before getting the permit should be the one you should be talking to. MS. RICARDO: Yeah. MR. LETOURNEAU: It is a demolition permit, so it's going -- obviously, they're going to need an electrician, but it's going to be a lot less comprehensive than if they're putting new stuff in. They're just taking stuff out and probably capping stuff off. So I just want that -- to clarify that. VICE CHAIRMAN FUENTES: You're referring to the permit that got expired eight months ago? MR. LETOURNEAU: Yeah. Well, it got expired. I'm trying to put two and two together. They got the hearing notice, and the next day they got the permit reissued at that point. So I don't know if it was negligence or just -- you know, "out of sight, out of mind." I have no idea at this point. CHAIRMAN KAUFMAN: Lee, you're lit up. BOARD MEMBER RUBENSTEIN: Yes. I really don't see anything that's been done to resolve this in a year and a half. I don't really hear much of what's been done, if anything. And this just keeps going on and on. So I'm going to make a motion that the fine of 42,659.28 plus the operational costs be enforced as of this date. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Okay, no second. Now, John, you're next. VICE CHAIRMAN FUENTES: I just had a quick question. October 26, 2023 Page 82 Have you guys -- did you guys purchase the property this way? MR. GONZALEZ: Yes. The previous owner, he buy the property, he sign a paper with Collier County that he was going to tear down all the illegal -- illegal extensions, and he didn't tear it down. He keep building and building and building. VICE CHAIRMAN FUENTES: That's good to know. How about alterations? Have you guys done any alterations to the property? MR. GONZALEZ: No, I haven't do any alterations in the property. VICE CHAIRMAN FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. VICE CHAIRMAN FUENTES: This is -- CHAIRMAN KAUFMAN: Go ahead. VICE CHAIRMAN FUENTES: This is -- the only thing I'm torn by is the fact that the permit has been expired for so long, but at the same time this is a gentleman, you know, where they purchased the property and it wasn't their fault, and they've inherited a problem. And no alterations have been made, so that's a good thing to consider as well that, you know, they're working on it. I don't want to impose the total amount of the fine, but I guess I'm going to leave it to you, Bob, or, Sue, here. CHAIRMAN KAUFMAN: Okay. Kathleen, you're next. BOARD MEMBER ELROD: Okay. According to Thomas, most of the stuff has been done. They have been working on it, correct? MR. PITURA: Yeah, they had. They had the demolition permit, which just needs to be finaled out. That was the removal of the carport. They removed that, and the other conditions concerning the permit under that will be resolved shortly. They do have the two open expired permits which have to be closed out, and they have to October 26, 2023 Page 83 get the permit for the utility room and the lanai. I saw myself the work looks pretty good. It's just a matter of just having a contractor come in and open that up and just get all the inspections done. But that's what I've seen when I went out. BOARD MEMBER ELROD: There is no safety or health issue? MR. PITURA: No. CHAIRMAN KAUFMAN: I'd like to -- we probably should grant some sort of a continuance on this to give them the time to, A, get that permit finalized and pull everything that needs to be pulled, hire the contractor that needs to be done and at -- whatever time is granted, if it's not completed, and it probably won't be, to come back here showing us that you have made an effort to get this into compliance by hiring a contractor who gave you a date on when it's going to be done, and go from there. So that's my suggestion. VICE CHAIRMAN FUENTES: So why don't we pick a set of dates here that -- a time frame. CHAIRMAN KAUFMAN: Okay. VICE CHAIRMAN FUENTES: So instead of 90, which we know is not going to happen -- why don't we do just a standard 120 with this being the last olive branch. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll second that. BOARD MEMBER RUBENSTEIN: Point of information. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: I thought the -- that we're supposed to either fine or not fine, not do -- not do a continuance. CHAIRMAN KAUFMAN: No. You can do a continuance. BOARD MEMBER RUBENSTEIN: We could? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: That's a choice. October 26, 2023 Page 84 VICE CHAIRMAN FUENTES: This is what I'm going to -- my motion, okay. This is the olive branch. CHAIRMAN KAUFMAN: Before we do it, though, let me ask the county if they have a suggestion for us. Tom. MR. PITURA: No. I would like to see them finish up all the work. So if you want to grant a continuance, I have no objections to that. CHAIRMAN KAUFMAN: Okay. MR. PITURA: It's up to you how you want to manage this. CHAIRMAN KAUFMAN: Okay. So what John is saying is 120-day continuance and a fine will continue to accrue until the 120 days or, if you get it done before 120 days, it would be in your best interest to come back and at least get the fines to stop accruing. The $59.28 should be paid within 30 days of today. Does that make -- summarize everything? BOARD MEMBER RUBENSTEIN: I'll second that. CHAIRMAN KAUFMAN: Okay. Well, it's John's -- John's motion with my two cents. BOARD MEMBER ELROD: I seconded that already. CHAIRMAN KAUFMAN: Okay. All right. BOARD MEMBER AYASUN: All in favor? CHAIRMAN KAUFMAN: All in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? October 26, 2023 Page 85 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. GONZALEZ: Thank you so much. MS. RICARDO: Thank you. CHAIRMAN KAUFMAN: Four months. MR. GONZALEZ: Four months, okay. CHAIRMAN KAUFMAN: Don't come back here and nothing's none. MR. GONZALEZ: I'll do my best. CHAIRMAN KAUFMAN: Okay. MR. GONZALEZ: Thank you. MS. RICARDO: Thank you so much. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 3, CESD20200011642, Branislava Cirakovic, and they also have No. 4, CESD20200011643. CHAIRMAN KAUFMAN: John, you seem to be limping. Is your hip wearing out? MR. JOHNSON: One of them is, and two are both artificial, so I'm running out of hips. CHAIRMAN KAUFMAN: We thought you were a hipster. MR. JOHNSON: Well, thank you, sir. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. MS. AUCLAIR: I do. MS. CIRAKOVIC: I do. CHAIRMAN KAUFMAN: All righty. John, do you want to read -- we'll hear both cases; vote on them separately. How's that? MR. JOHNSON: Yes, sir. October 26, 2023 Page 86 CHAIRMAN KAUFMAN: This is imposition of fines. Violation has been abated. Why don't you take it from there. MR. JOHNSON: Okay. And these cases are nearly identical. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Past orders. MR. LETOURNEAU: Before you get going, John, can you put it up on the screen, please. Helen. Thank you. MS. BUCHILLON: Sorry. MR. JOHNSON: It's okay, Helen. For the record, John Johnson, Collier County Code Enforcement. Past orders of the order: On April 28th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6130, PG2935, for more information. The violation has been abated as of September 18th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from August 27, 2022, to September 18th, 2023, 388 days, for a total fine amount of $97,000. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing: $59.63. Total amount: $97,000 -- $97,059.63. The gravity of the violation: There is no health/safety issue here at all. B, any actions taken by the violator to correct: The structure has been returned to its permitted state. Any previous violations committed by the respondent/violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Vicki's mom. October 26, 2023 Page 87 MS. AUCLAIR: For the record, Claudine Auclair. I was -- my services were retained by the property owner to seek assistance in following through with the permitting process for the work that had been done. She purchased the property like that. We -- before I came on board, she had hired an engineer, which she gave a $20,000 deposit, to prepare some plans that we could submit for permitting. He started doing the drawings. We submitted permits. County rejected them. Then they say it's not the way we should do it; we need to do another process. And, unfortunately, that engineer passed away. So he left the property owner with incompleted sets of plans that we had to hire somebody else to complete. Then submit. Then have the permit approved, resubmit the whole -- you understand the process of the building permit. We got the permits, then we had to go through the process of inspection. Some inspections were failed five times. Unfortunately, items were added to the request of the inspector. She had to make holes in several locations in the property in the walls so the inspector can verify that the work was done according to the building code. And we finally completed all the work, passed all the inspections, and we're really happy. It took a really long time, but during the whole process we were in constant communication with John and county staff and the Building Department to get those items resolved and inspections passed, which we're very happy to say we passed them all. And we are here today and would certainly hope that the Board would understand that although this is an older case, there was also a lot of issues that happened with COVID and the engineer dying and finding contractors that are willing to take work that is not theirs, especially after the hurricane on top of it. So there's been a lot of October 26, 2023 Page 88 changes to that job. So we're asking for your support in hopefully abating those fines. VICE CHAIRMAN FUENTES: I have one question, just -- is this, like, a duplex or something? Is that why it has two addresses? MR. JOHNSON: It's an excellent question. It actually has three levels. MS. AUCLAIR: Single-family. MR. JOHNSON: But single-family. But when they purchased it, it was sold as if it was a multifamily, and that was the issue. BOARD MEMBER CURLEY: I remember. MR. JOHNSON: Yep. And she had to return it back to its permitted state, and it obviously took a while. BOARD MEMBER CURLEY: It just all came back to me. MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Okay. Do we have -- we don't have any motion yet on the floor? BOARD MEMBER AYASUN: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So... CHAIRMAN KAUFMAN: Any comments? VICE CHAIRMAN FUENTES: I can make a motion. CHAIRMAN KAUFMAN: Sure. VICE CHAIRMAN FUENTES: Thoughts here. I will make a motion that today's operational costs of 59.63 do get paid within 30 days and that we go ahead and reduce the county's fines to $1,500, to be paid within 30 days as well. BOARD MEMBER CURLEY: I'll second that motion. CHAIRMAN KAUFMAN: That's on one case. VICE CHAIRMAN FUENTES: That's on one case. CHAIRMAN KAUFMAN: We're going -- that's -- and we're October 26, 2023 Page 89 going to vote on that first, and then we'll go to the second case. So we have a motion to impose $1,500 on the first case. Any other discussion on it? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. Two nays, five yays. That passes. Now, do you want to bring up the motion on the second case? Do you have the same motion on that, John? MR. JOHNSON: I do. Just bear with me, please. BOARD MEMBER AYASUN: It's the same. CHAIRMAN KAUFMAN: Same case. MR. JOHNSON: Like I say, it's similar -- the houses are side by side. It's virtually identical. I can read the order here if you're ready. CHAIRMAN KAUFMAN: Would you, please. MR. JOHNSON: Yes. Past orders of the Board: On April 28th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6130, PG2941, for more information. The violation has been abated as of September 27, 2023. October 26, 2023 Page 90 Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from August 27, 2022, to September 27, 2023, 397 days, for a total fine amount of $99,250. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.56. Total amount: $99,309.56. The gravity of the violation: Again, no health-safety issue. Actions taken by the violator: The structure has been returned to its permitted state. Previous violations by this respondent: There are none. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. John, do you want to make a motion on this one as well? VICE CHAIRMAN FUENTES: Do you want to make one, Lee? BOARD MEMBER AYASUN: No. I was going to say, if you're going to make the same motion as before, because that would reduce $196,000 in fines down to about 3,000. So I will second it if you did that. VICE CHAIRMAN FUENTES: That was going to be my motion, but I know -- I think Lee wanted to suggest his first. BOARD MEMBER CURLEY: Well -- CHAIRMAN KAUFMAN: Go ahead, Lee. BOARD MEMBER CURLEY: Are we having discussion still? CHAIRMAN KAUFMAN: I'm going on who's on the board here. Lee is next. BOARD MEMBER RUBENSTEIN: I just want to make a comment. I don't want to make a motion. I just want to make a comment that back in August of 2022 this board met and heard from the county the violations that existed down there. And I know when we impose $250 a day, we're trying to get the homeowner's attention October 26, 2023 Page 91 to get it resolved as quickly as possible. The ones that are 500 and a thousand a day where there's health concerns with open swimming pools and things like that, those are justified. Two hundred fifty dollars a day is a strong penalty, as you're aware. It costs the county a lot of money to service these fines and these claims, to go down there and follow up and go back to say it's either abated or not abated. And my only comment is I think your client, for all the reasons that you mentioned, did the best she could with the circumstances. And I'm not sure where it's going, but I think in the future you need to pay attention to how much the county fines your client as to the importance of getting it resolved in a prudent time. Okay. That's all. CHAIRMAN KAUFMAN: Okay. Sue, you're up next. BOARD MEMBER CURLEY: Yeah, my just -- point was that if anyone's been here since the beginning of this case, they bought this before 20 -- even though this is two cases, it had to be because there's two separate folio numbers because this was -- because this was originally sold to this person as a multifamily home when it's not, and it wasn't ever supposed to be. She -- so I feel like the fraud that the -- excuse me. I feel like the fine is sort of like double only by the fact that it has two addresses. If we're going to address a fine, we addressed it in the first order, and these aren't -- these are -- this is the same house with the same -- it's just a separate folio number, so I think that it would be a little unkind to fine her twice. CHAIRMAN KAUFMAN: My comment on that is, one was -- basically, they're $100,000 each, round figures, and what they've done is reduced -- the motion from John reduces the 100,000 to $1,500 for each one. So the numbers that Tarik mentioned, it went from around $200,000 down to $3,000. October 26, 2023 Page 92 So it's substantial for those reasons, Sue. And people who purchase property need to do their due diligence to see what they're buying, also. So a lot of the responsibility does reside with the respondent. MR. JOHNSON: Right. If I may, Mr. Kaufman, these are actually two different structures that are both three-level structures. They're side by side, but it is actually two different properties, just to clarify. I didn't want you to think I'm doubling her on one single parcel. It is two structures on two different parcels. CHAIRMAN KAUFMAN: Okay. Well, we have a motion and we have a second. I'm going to call for the vote. All those in favor? BOARD MEMBER AYASUN: He didn't do the motion yet. CHAIRMAN KAUFMAN: Oh, I thought you -- go ahead. VICE CHAIRMAN FUENTES: I will make a motion that today's operational costs of this case of 59.56 do get paid within 30 days as well as the fine amount be reduced to $1,500. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. Now we have -- VICE CHAIRMAN FUENTES: To also be paid within 30 days. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: One, two -- October 26, 2023 Page 93 VICE CHAIRMAN FUENTES: Three -- CHAIRMAN KAUFMAN: Three? It passes 4-3. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 6, CESD20200002525, James M. Altenburg. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. ALTENBURG: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic for us, please. MR. ALTENBURG: James M. Altenburg. CHAIRMAN KAUFMAN: Okay. Do you want to read this case into the record for us? MR. MARINOS: Yes, sir. Past orders: On October 29th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6045, Page 1334, for more information. On March 24th, 2022, the Code Enforcement Board granted an extension of time. On January 26th, 2023, the Code Enforcement Board granted a continuance. On March 23rd, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in docs and images for more information. The violation has not been abated as of October 26th, 2023. Fines have accrued at a rate of $200 per day for the period from September 25th, 2022, to October 26th, 2023, 397 days, for a total fine amount of $79,400. Fines continue to accrue. October 26, 2023 Page 94 Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.77, for a total amount of $79,459.77. CHAIRMAN KAUFMAN: Okay. Sir? MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: The floor is yours. MR. ALTENBURG: I've tried to do every single thing that was asked of me. I want to ask you guys if you can help me out. Slussenger [sic] Pools took me for $25,000. I was asked to close out these permits. I got one last thing to do, and that's the screen enclosure, which there's no harm in the screen enclosure. It's protecting the pool. It's protecting my property. And I've hired an engineer, because that's what you wanted was a -- it went from a simple drawing, hand-sketched drawing, to now it is a digital three-dimensional wind resistance on all sides drawing, which is now going to cost $15,000. If you can get the 25-, I'll be more than happy to give them the 15-. But I'm on Social Security. I make $1,600 a month. I can't afford any of this. So that's where I'm at. CHAIRMAN KAUFMAN: Okay. MR. ALTENBURG: I've tried to get the kiddie pool -- the kiddie fence, all right. Renald says he'll approve it. The inspector says no way. So -- and plus they wanted three grand for that. And they won't release any of the specs unless you give them half down. Well, I can't afford the half down, so I'm back to the keeping the screen enclosure. It's not causing anybody any harm. The engineer turned to me and asked me this question: Does the wind blow through it? I said, yes. October 26, 2023 Page 95 He said, well, then I don't understand what the problem is if the wind blows through it. Now, it's made it through two hurricanes so far. The neighbor's hasn't. There's both have been rebuilt twice. Now, I asked the engineer, tell me what to do. He told me, I would not take down the screen enclosure, and that's where I'm at. CHAIRMAN KAUFMAN: Okay. Let me clarify things. When you say "you guys up there," we do work for the county. MR. ALTENBURG: I'm generally -- CHAIRMAN KAUFMAN: Let me just say, we work, actually, for the people of Collier County. MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: So when you say if you guys can get me the whatever -- have you gone to contractors licensing for the first batch of money that you spent with the contractor that didn't do the job? MR. ALTENBURG: Yes. CHAIRMAN KAUFMAN: And? MR. ALTENBURG: The reply was, if you think you're going to get this guy out of business, you're crazy. There's 20 people in line from you. CHAIRMAN KAUFMAN: Okay. MR. ALTENBURG: The case got -- CHAIRMAN KAUFMAN: So the contractor that you paid $25,000. MR. ALTENBURG: Slussenger Pools. CHAIRMAN KAUFMAN: And they're still in business? MR. ALTENBURG: To this day. CHAIRMAN KAUFMAN: Okay. I'm just curious. I need some work done on my pool. I'll know who not to hire. MR. ALTENBURG: I will tell you, the vice president of the October 26, 2023 Page 96 company approached me, and he said he has taken people for over $450,000 to this -- and he quit. CHAIRMAN KAUFMAN: Okay. John, you're lit up. VICE CHAIRMAN FUENTES: So the case was opened in 2020. We've already granted over 16 months of a continuance. It doesn't sound like we have a solution here. I know there's a financial burden. I just -- we've tried working -- I don't have another solution here. We've given the time. At this point, I think we would have to impose the fines. We gave an extension of time on March 24th, on January -- of 2022. January of 2023 we gave you a continuance, and we did it again in March 2023. I just -- MR. ALTENBURG: I understand -- VICE CHAIRMAN FUENTES: We tried, you know. And we understand that sometimes there's certain hurdles that are difficult to overcome. But at this point I guess my opinion -- my motion would be that we go ahead and have the operational costs for today of 59.28, that they do get paid within 30 days, and that the total amount of $79,459.77 do get imposed on the property as well. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUBENSTEIN: I second. CHAIRMAN KAUFMAN: And we have a second. Also, Lee, you're on the -- BOARD MEMBER RUBENSTEIN: That was my -- CHAIRMAN KAUFMAN: Okay. And, Bart, you're next. BOARD MEMBER BHATLA: Do we have a recommendation? MR. MARINOS: No. As an imposition of fines, we don't have recommendations. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: The recommendation is up October 26, 2023 Page 97 on -- basically, it's an executive order from the county asking for fines to be imposed. It's up on the screen right now. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. Any discussion on the motion? I understand, John. I can't disagree with you. VICE CHAIRMAN FUENTES: Mr. Altenburg, I just want you to understand. We have given you a lot of time. I'm not trying to pinch you here. I just -- at some point the Board has to act a certain way as well. MR. ALTENBURG: I understand. VICE CHAIRMAN FUENTES: So -- MR. ALTENBURG: I'll just give you a slight example of what this thing has been like. The electrician has been paid in full. VICE CHAIRMAN FUENTES: Well, let's finish this hearing real quick, this motion, and then you can go ahead and -- CHAIRMAN KAUFMAN: Kathleen, you're up next. BOARD MEMBER ELROD: We are supposed to be cognizant of whether or not this is financially able to be done. This is going to be a terrible hardship. MR. ALTENBURG: There is no hardship. I can't do it. I mean, my house costs me $500 a month. I live on 1,600. VICE CHAIRMAN FUENTES: Colleen [sic], our job is -- you know, we're here to -- if we have to impose a fine at a certain point, we have to impose a fine at a certain point. And we have been. We've given him over 16 months of reasoning time frames. At some point, either you continue to bend, or we have to do what we're supposed to do, because at the end of the day we're here for the people of Naples, Collier County, to protect the safety issues as well, permitting and all those things involved. This is that time frame where we have given over a year, over 16 months of continuance. We have to now do what we are meant to October 26, 2023 Page 98 do. We've tried. We have tried. MR. ALTENBURG: I believe you. VICE CHAIRMAN FUENTES: We have taken financials into consideration already by doing that, and now we're presented, by the county, to impose fines, and we need to do so. It's been too long. BOARD MEMBER CURLEY: I appreciate the Vice Chair's thoughts. I feel very sorry for the homeowner, but this isn't a surprise. CHAIRMAN KAUFMAN: Lee? BOARD MEMBER RUBENSTEIN: I know your case from the day it showed up here, and you seem to have an ongoing problem finding qualified licensed contractors to do your work. And it wasn't building a pool; it was trying to finish up the screen enclosure, correct? MR. ALTENBURG: No. Well, that's one of them. The electric. The electric was approved. It almost burnt my house down. I had to have a whole new panel put in because he didn't do it right. BOARD MEMBER RUBENSTEIN: My point is, all of members of this board gave you good advice, the county gave you good advice to go and seek qualified licensed contractors to finish the job, and every time you've come back from a 60-, 90- or 100-day continuance, it's been the same story. You get involved with people that don't know what they're doing. VICE CHAIRMAN FUENTES: Lee, let's, real quick, we've got to finish my motion first. BOARD MEMBER CURLEY: I don't think anyone came here to get a lecture. CHAIRMAN KAUFMAN: Time out. BOARD MEMBER RUBENSTEIN: It's just a comment. Bart, you're on. October 26, 2023 Page 99 BOARD MEMBER BHATLA: If we impose the fine, what is the outcome? CHAIRMAN KAUFMAN: If we impose the fine, it becomes -- BOARD MEMBER BHATLA: If we impose the fine, the problem still persists. CHAIRMAN KAUFMAN: It becomes a lien on the -- if it -- the gentleman doesn't have the money to pay it, it becomes a lien on the property. If the property is homesteaded, you cannot foreclose on it, and that lien will continue until the property is sold. BOARD MEMBER AYASUN: True. CHAIRMAN KAUFMAN: Okay. And the fines will continue to accrue. BOARD MEMBER AYASUN: As long as the screen is not -- CHAIRMAN KAUFMAN: Until the case is solved. Jeff, any comments? MR. LETOURNEAU: The two comments I would have, if this gentleman does come into abatement at some point, there is a county resolution that can go before the commissioners that does -- can significantly reduce the fines, and also there's a statute of limitations on code fines of, I believe, 20 years. So, you know, with a homesteaded property, it does limit his financial ability to do things; however, if he's not looking to get any loans or anything, it really doesn't affect him too much, if you, you know, get my drift. CHAIRMAN KAUFMAN: Okay. Sue? BOARD MEMBER CURLEY: I would like to vote. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) October 26, 2023 Page 100 VICE CHAIRMAN FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Okay. Opposed 5-2. It passed. Okay. MR. ALTENBURG: What'd I pass? CHAIRMAN KAUFMAN: The fine has been imposed. VICE CHAIRMAN FUENTES: I'll recap for you. The total amount of 59.77 do need to be paid within 30 days, and the fines of -- CHAIRMAN KAUFMAN: 79,000. VICE CHAIRMAN FUENTES: -- $79,459.77 have been imposed on the property. CHAIRMAN KAUFMAN: Okay. So that's the -- this case is closed. MR. ALTENBURG: Okay. BOARD MEMBER CURLEY: For us. MR. ALTENBURG: So I owe you guys, like, $80,000? BOARD MEMBER AYASUN: Not us. You don't owe us anything. MR. ALTENBURG: Well, the town. Is that what I'm getting out of this? CHAIRMAN KAUFMAN: And from what you said, it's not going to get paid. It's going to become a lien on the property, as I explained to the Board. VICE CHAIRMAN FUENTES: Jeff did mention, if you are able to correct this and you were to present it, then things could be vastly different, okay. So if you came back -- MR. ALTENBURG: I couldn't afford the three grand that you imposed on their 90-, you know. It's just not going -- I don't see it. October 26, 2023 Page 101 All right. VICE CHAIRMAN FUENTES: I know. MR. ALTENBURG: But I know you guys got to do -- you know, you do what you have to do, but -- yeah. Pretty soon it will be worth -- the fines will be worth more than the house. VICE CHAIRMAN FUENTES: At some point, it does accumulate, yes. CHAIRMAN KAUFMAN: The county will take that into consideration should you appeal it to them. MR. ALTENBURG: Right. CHAIRMAN KAUFMAN: Okay. MR. ALTENBURG: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Helen, what are we up to? MS. BUCHILLON: Number 7, CESD20180011460, Carlos Valdes and Dulce Valdes. 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. AUCLAIR: I do. CHAIRMAN KAUFMAN: Okay. We're back to the tiki hut case. Joe. MR. MUCHA: The world's most expensive tiki hut. CHAIRMAN KAUFMAN: The one that was, as I recall, encroaching -- VICE CHAIRMAN FUENTES: The canal, right? CHAIRMAN KAUFMAN: Yeah. MR. MUCHA: No, not the canal. BOARD MEMBER CURLEY: The street. MR. MUCHA: This is in Chokoloskee. So it was actually October 26, 2023 Page 102 encroaching the roadway. BOARD MEMBER CURLEY: It's been there for, like, 50 years. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On February 28th of 2019, 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, OR5607, Page 514, for more information. On September 26th of 2019, the Code Enforcement Board granted a continuance. On August 28th of 2020, the Code Enforcement Board granted a continuance. On June 23rd of 2021, the Code Enforcement Board granted a continuance. On June 22nd of 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has not been abated as of October 26th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 28th of 2019, to August -- I'm sorry -- to October 26th of 2023 for 1,521 days, for a total fine amount of $152,100. Fines continue to accrue. Previously assessed operational costs of $59.49, $59.28, $59.42, and $59.84 have been paid. Operational costs for today's hearing is 60.05, for a total amount to date: $152,160.05. CHAIRMAN KAUFMAN: Okay. Good morning, again. MS. AUCLAIR: Good morning, again. Claudine Auclair. I represent Dulce. Actually, I'm helping them on the two permits. We do have a permit in the process for the tiki hut. I'm going October 26, 2023 Page 103 to -- I'm not trying to summarize on it. I'm just saying, it's a complex issue. It's Chokoloskee. We're trying to figure out how in the world this is going to work on this piece of property with setbacks. We looked at Site Development Plan with deviation. We've had several meetings with the county, and I'm sure you're aware. I mentioned that before. A site deviation plan with -- for the county right now -- there's another one that just happened in Chokoloskee with the church. It cost $50,000 to do the Site Development Plan. There's -- Chokoloskee has several setback issues. Pretty much everything is nonconforming in Chokoloskee because of the way it was built. This property had a right-of-way taking 65 years ago. Before that, it was fine. Now, of course, if you -- the state takes right-of-way and makes your property nonconforming anymore. We are doing a lot of progress, slow, but we are making progress. There's another case on the property also for other items that were a complaint from the neighbor who has since then moved on and actually literally moved, physically moved. We have a Site Development Plan. There's two properties, if you recall, where the restaurant sits. It used to be a federal building. It used to be a post office back in the days. We have a Site Development Plan, a small plan that was approved to relocate the propane gas tanks to operate the kitchen of the restaurant. Legally, the permit is just missing a fire inspection. They're working as quickly as they can. Unfortunately, some of these processes, take a long, long time. We understand the fines. We understand -- I understand it's been going on since 2018. I have not been involved since 2018. I still was employed at that time. But, unfortunately, it's the process, trying to work with October 26, 2023 Page 104 right-of-way, trying to work with Planning and Zoning who have -- you know, they're trying to help and figure out a way to make Chokoloskee unique. The next step is to do an overlay like they did for Bayshore Triangle and Gateway Triangle to recognize that Chokoloskee is an item on its own. So I understand there's fines accruing. I've been working with them as fast as we can trying to get this taken care of. For a while there was no progress, I would agree, but we have made since then, I believe, good strides in taking care of the issues that are on hand on this entire property. I don't know if you're familiar with the property. It's the weirdest shaped property you've ever seen. It's like a triangle. It's like a pie shape. So if you have something that goes into the tip, of course it's not going to meet setback. You have no setback. It finishes in two feet. So we're asking, if it's possible -- I understand it's -- like Joe explained, it's been done several times. I still would like to request another continuance, if we could, since we are making progress, slowly, but we are making progress, and we're making sure that everything that was not done or was outside of the boundaries of the property are now within the property and that there's no more intrusion outside of the setback of the property. We had a $9,000 survey that was done. They're going to go back and resurvey what has been taken out to demonstrate that things are staying within the property so we can move forward with a site plan. All these things, unfortunately, take time. I mean, as Jeff mentioned before, the site plan at the county could take a year. I'm told that right now Growth Management, Planning and Zoning has about 700 petitions in the system. CHAIRMAN KAUFMAN: Okay. You're asking for this to be October 26, 2023 Page 105 continued once again -- MS. AUCLAIR: Yes, please. CHAIRMAN KAUFMAN: -- till? MS. AUCLAIR: If I could get six months, because a Site Development Plan is going to take a while. It took me four months to do just a simple plan for relocating propane tanks. CHAIRMAN KAUFMAN: Okay. Jeff, do you have any comments on this? No is an answer also. MR. LETOURNEAU: I just -- I've got to say it's five years. It's a chickee hut. I mean, how long would it take to have taken it down? I just -- you know, I get it. MS. AUCLAIR: Also back -- MR. LETOURNEAU: But five years. I don't really have much else to say. I would think that if an extension was given, it would definitely be the last one. That would be my opinion. VICE CHAIRMAN FUENTES: Sue, I think, wants to talk first. CHAIRMAN KAUFMAN: Okay. Sue. BOARD MEMBER CURLEY: Yeah. I've been here through all of this. I remember the whole thing. And this was when we would kick the can down the road because we knew there was a solution. We just didn't know how you were going to do it and you, obviously, are helping them now. And this is a lot of history down there. And if anyone here doesn't know that, this is a really neat little part of our county, and I agree with the overlay. That's my personal opinion. But we did this. And when you look at this, and if you didn't -- if you were new here and you're like, oh, my gosh, we can't give them any more time, it's been five years, I get it. But that was the only way that we knew to keep helping our neighbors, and so that's what I think we keep doing here. October 26, 2023 Page 106 I wouldn't -- I wouldn't propose that on 99 percent of the cases that we see now, but this is special, and I think we should grant them another continuance. It's just my personal opinion, and it's a historic part of our county that I think we should do the best to help. CHAIRMAN KAUFMAN: Okay. John, you're next. VICE CHAIRMAN FUENTES: I guess I'm kind of leaning towards what Jeff Letourneau had mentioned where it's just been five years. It almost seems -- if we give her the six months, she'll be back in six months, or do we impose the fines, allow them to fix it, and then present their case afterwards, and then we can address it from there. But at least that way she's not coming back every six months or a year, or we'll be back here in 2027 hearing this how it's still a pie-shaped lot and triangles and squares. I get it. I just -- I don't know. I guess we have to decide what we're going to do. Part of me thinks at some point we impose the fine. Let me come back, present the case, and then we can reduce it or remove it. MR. LETOURNEAU: Once you impose it, you guys, it's out of your guys' hands. BOARD MEMBER ELROD: Yeah, we're done. BOARD MEMBER CURLEY: Well, to John's comment -- well, if you impose a fine like that, it can be -- it can harbor their deed and it can harbor -- VICE CHAIRMAN FUENTES: That's true. BOARD MEMBER CURLEY: -- financial assistance, and that's just my personal opinion. And this is not a high-value establishment down there. This is just a piece of their culture. VICE CHAIRMAN FUENTES: The problem is it's a tiki. CHAIRMAN KAUFMAN: Is the business working? MS. AUCLAIR: Yes. There's no life and safety issue with this. You know, it's a great -- October 26, 2023 Page 107 CHAIRMAN KAUFMAN: So the business is in business? MS. AUCLAIR: They are able to be in business, yes. CHAIRMAN KAUFMAN: Okay. Lee, you're next. BOARD MEMBER RUBENSTEIN: I agree a little bit of what every person says, including the county, and sitting here listening, I'm thinking, four continuances for 1,521 days. You could build something brand new, tear it down, and rebuild it. It just seems like an excessive amount of time. It seems like an excessive amount of continuances by the owners. Not you, but the ownership, that they feel that for whatever reason they could keep asking for continuances, and maybe it will get fixed, and maybe it will be abated. It doesn't seem to have any sense of urgency. And I've been on this thing -- I see it every time. We never see ownership. We see representation. So to me, my opinion is we don't have ownership's attention. MS. AUCLAIR: Oh, you do. BOARD MEMBER RUBENSTEIN: And somewhere along the line in this 1,500 days, they should have made a presentation themselves to say what's going on, in my opinion. And with that said, I'd like to make a motion, if possible. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: Excuse me. I have a question waiting. BOARD MEMBER RUBENSTEIN: Excuse me? CHAIRMAN KAUFMAN: He's got the floor. Go ahead with your motion. BOARD MEMBER RUBENSTEIN: I'll give up my motion if you wanted to speak. You can talk under discussion. If we make a motion and there's a second, there's a discussion period. BOARD MEMBER CURLEY: I just think you should know October 26, 2023 Page 108 that the family has been here. BOARD MEMBER RUBENSTEIN: Not now. No. BOARD MEMBER CURLEY: While you're lecturing her, I thought I should correct you -- BOARD MEMBER RUBENSTEIN: No, I'm not lecturing her, and don't lecture me. CHAIRMAN KAUFMAN: No arguments on the Board. BOARD MEMBER CURLEY: This family has been here multiple times. CHAIRMAN KAUFMAN: I know they have. I've been here for the whole case. BOARD MEMBER CURLEY: Well, he just misstated. CHAIRMAN KAUFMAN: Well, that's his right to misstate. If you want to make a motion, make a motion. BOARD MEMBER RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: I feel like I'm herding cats. BOARD MEMBER RUBENSTEIN: I'd like to make a motion that the fines of $152,160.05, plus the operating costs today of $60.05, be imposed. CHAIRMAN KAUFMAN: Okay. Do we have a second? VICE CHAIRMAN FUENTES: I'm conflicted. I just -- once I hear -- once I hear the input by somebody from the county, it's kind of, you know -- I'm going to second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Sue, do you want to speak now? BOARD MEMBER CURLEY: No. CHAIRMAN KAUFMAN: Okay. And I will say that originally they were here, the owners of the property, to make their presentation. I believe they were here more than once, maybe two or three times. But it doesn't change the facts. Whether they were October 26, 2023 Page 109 here or they had some representation, it is what it is. And going back to what Jeff says -- BOARD MEMBER RUBENSTEIN: Sir, if that's the case, then, you know, I take that comment back. CHAIRMAN KAUFMAN: Okay. Okay. We're not going to put Bandaids on anything. Everything's fine. Okay. So we have a motion, and we have a second. And I go back to what John said before, if we impose the fine now, they have recourse with the county after we're done with the case. But we're just going on and on and on with this, so I'm going to have to support the motion myself. BOARD MEMBER BHATLA: You have a comment. CHAIRMAN KAUFMAN: Yes, Bart. BOARD MEMBER ELROD: I lit my light up. CHAIRMAN KAUFMAN: Kathleen, you're first. BOARD MEMBER ELROD: The tear it down and replace it, this is an old landmark. This is historic. It was the post office. BOARD MEMBER CURLEY: It was built by Indians. BOARD MEMBER ELROD: Just tearing it down and building something new because you could do it faster doesn't make it better. BOARD MEMBER CURLEY: I think the Miccosukees built it. MR. MUCHA: Can I say something? CHAIRMAN KAUFMAN: Sure. MR. MUCHA: So this chickee hut was damaged during the hurricane, and it was rebuilt. So this isn't the original chickee hut from 80 years ago. That's how we got the case, because Contractor Licensing went out, caught the guys rebuilding the chickee hut without a permit, and turned it over to Code Enforcement. VICE CHAIRMAN FUENTES: What hurricane? Is this Ian? MR. MUCHA: Irma; 2017 hurricane. October 26, 2023 Page 110 MS. AUCLAIR: If I may ask -- CHAIRMAN KAUFMAN: So we have a motion. We have a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing -- BOARD MEMBER RUBENSTEIN: I have one last comment -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: -- before we call the vote, that whichever way this goes, you have recourse. We're not the end voice, okay. You could appeal from here to the County Commissioners, and they might have an open ear; who knows. But I just want you to know that you do have recourse. CHAIRMAN KAUFMAN: Okay. All that said, all in favor of the motion to impose the fine -- fines? BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Two opposed. It passes 5-2. Okay. BOARD MEMBER BHATLA: I want to resolve the case. MS. BUCHILLON: Next case, No. 8, CESD20210011881, Donald N. Garrison and Cheryl K. Garrison. BOARD MEMBER ELROD: And I would like to point out that when we add the full dollar amount, that is including the hard costs. October 26, 2023 Page 111 BOARD MEMBER AYASUN: It was. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: So us reiterating -- CHAIRMAN KAUFMAN: Tell our attorney. BOARD MEMBER CURLEY: You have to say it. CHAIRMAN KAUFMAN: The costs on that are included in the fine amount. MR. NOELL: The operational costs? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: In the bottom line, it's always already included. MR. NOELL: Correct. MS. GARRISON: Good afternoon. 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. GARRISON: I do. MS. GARRISON: I do. MR. GIARDANO: I do. CHAIRMAN KAUFMAN: Good morning. MR. GARRISON: Good morning. CHAIRMAN KAUFMAN: Could you each state your name on the microphone for us, please. MR. GARRISON: My name is Donald Garrison. MS. GARRISON: I'm Cheryl Garrison, married to Don. MR. GIARDANO: And Robert Giardano (phonetic). MR. GARRISON: Son-in-law. MS. GARRISON: Son-in-law. MR. GARRISON: Could she sit down? She's not able -- CHAIRMAN KAUFMAN: Of course, of course. October 26, 2023 Page 112 Okay. This is a case that is in compliance now? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MS. PULSE: Yes. For the record, Dee Pulse, Collier County Code Enforcement. Past orders: On February 24th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6102, Page 1038, for more information. The violation has been abated as of July 19th, 2023. Fines and costs to date have -- are as follows: Fines have accrued at a rate of $200 per day for the period from June 25th, 2022, to July 19th, 2023, 390 days, for a total fine amount of $78,000. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.56. Total amount: $78,059.56. Gravity of the violation: Not health and safety. Any actions taken by violator to correct: They obtained Permit PRMFH20220313396 and the inspections and the certificate of completion. Any previous violations from/committed by respondent: No. And other relevant factors: The unpermitted balcony was constructed by original builder. Hurricane Ian further delayed supply availability for completions. CHAIRMAN KAUFMAN: Okay. Sir? MR. GARRISON: Okay. Well, this -- I inherited this problem. These condos were built in '83 and '84. We're the third owner of the property, which we had no inspection because it was a cash deal. October 26, 2023 Page 113 Therefore, they come around -- they came around because the East Coast, that property falling down there, so they got all nervous. The board, they're checking. There's only seven -- I call them porches. I'm from the north. There's seven porches, okay. So they come around to check the quality of them to see if they were, you know, stable enough. Well, they found that three of ours weren't, and I was one of them, which is okay. So the first thing was trying to get a contractor. That was the first thing. Of course, I was mad about the whole thing because if I would have known about this in the first week or the first 24 hours, we could have talked it over with the board, but they just went ahead and got the county involved. So the county got involved, and they found out that it was never permitted. The door was never permitted, and the patio -- the porch was never permitted. All these years, nobody knew that these were [sic] permitted. So I inherited this problem, and this is how the permits got involved that we had to do all this stuff, which started out as 6,300 bucks to end up being 11,300 for about 11 hours of work. So you do the math: A thousand dollars an hour, okay. But being that, missing this hearing was the fault of mine because basically I didn't understand it. I didn't understand it, what was going on. But what happened was -- basically was I had surgery. My son-in-law had surgery. My daughter had surgery, and my wife is ill. These all complicated things in that year, '21 into '22, all of '22. In fact, my wife is -- she fell three times in four days and developed a problem with her memory. So we're doctoring that. My son-in-law, he had back surgery. I had stomach surgery. I'd love to show you the picture of it. It's not pretty. CHAIRMAN KAUFMAN: Just lift up your shirt. October 26, 2023 Page 114 BOARD MEMBER CURLEY: No. MR. GARRISON: It's healed now. CHAIRMAN KAUFMAN: No, only kidding. MR. GARRISON: That doesn't bother me. I'd do it. But all these problems accumulated to missing these -- missing this, which I really didn't know what it was about. You know, I thought the contractor was taking care of everything. But all these things added up to a no show. You think I wouldn't have been here if I'd have known it was $200 a day? Get serious. You might as well put me in jail right now because I don't have that kind of money. You know, this condo's not worth that much. It was built in -- it's 40 years old. I'm driving a 15-year-old. I've got a 40-year-old condo, you know. Give me a break, right? But -- VICE CHAIRMAN FUENTES: We're going to go ahead and do that. MR. GARRISON: Well, it's like this. I've only had two speeding -- two moving violations in a car. I've been driving for 55 years: One for 20 bucks, one for a red light. This is the truth. I don't have no criminal record. We're a law-abiding citizen. We've been married 57 years -- CHAIRMAN KAUFMAN: God bless you. MR. GARRISON: -- last month. So I think that's something to say right there. Not that we didn't have problems. VICE CHAIRMAN FUENTES: You're making me feel bad. I'm a criminal. MR. GARRISON: But we went to the same grade school, same high school, same church, baptized all the way through. It's amazing all the stuff we had in common, and we lived across the street from each other. So, you know, I'm asking for a break today. I can sit here and go through all this. October 26, 2023 Page 115 VICE CHAIRMAN FUENTES: No, don't worry about it. So this is what we're going to do. We're going to go ahead and have you guys pay the operational -- this is my motion -- that we go ahead and have the operational costs of 59.56 be paid within 30 days. MR. GARRISON: Thank you. VICE CHAIRMAN FUENTES: And I'm going to reduce the county's fines to $200 -- MR. GARRISON: Thank you. VICE CHAIRMAN FUENTES: -- to be paid $30 -- 30 days. BOARD MEMBER AYASUN: Second. MR. GARRISON: I appreciate that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Stop the surgeries, too. That's not part of the motion. Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One opposed. All right. So $200. You saved $87,800. MR. GARRISON: You know what? I didn't save it, because I never had it anyways. VICE CHAIRMAN FUENTES: Just to recap real quick, so you guys are going to be paying the 59.49 -- MR. GARRISON: Exactly. October 26, 2023 Page 116 VICE CHAIRMAN FUENTES: -- 30 days, with an additional -- plus the 200, within 30 days, okay? Total amount $259.49. MR. GARRISON: That's excellent. Thank you, very much. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Okay thank you. MR. GARRISON: Thank you, all. MS. GARRISON: Thank you. CHAIRMAN KAUFMAN: Feel better. MR. GARRISON: Thank you. Even thank you. BOARD MEMBER AYASUN: Even thank you. You see that? BOARD MEMBER ELROD: Where did you get 49? Because I got 59.56. MS. BUCHILLON: Next case, No. 9, CESD20190012596, Dezilia Vital. CHAIRMAN KAUFMAN: Helen, what was that again? I'm sorry. MS. BUCHILLON: Number 9. We're still under imposition of fines. CHAIRMAN KAUFMAN: Okay. Last three digits of the case? MS. BUCHILLON: 12596. CHAIRMAN KAUFMAN: Got it. 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. VITAL: Yes. CHAIRMAN KAUFMAN: Hi. Could you state your name on the microphone for us. October 26, 2023 Page 117 MS. VITAL: Marie Vital. I'm Dezilia's daughter. CHAIRMAN KAUFMAN: Okay. And you have permission to -- MS. VITAL: Yes. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: She was here last time. MS. VITAL: Yeah. CHAIRMAN KAUFMAN: Okay. All right. Joe, you want to read this into the record for us, please? MR. MUCHA: Yes, sir. 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 February 23rd of 2023, the Code Enforcement Board granted a continuance. On August 24th of 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has been abated as of September 12th 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 September 12th of 2023, for 686 days, for a total fine amount of $102,900. Previously assessed operational costs of $59.28 have been paid. Previously assessed operational costs of $59.42 have been paid. Operational costs for today's hearing is $59.56, for a total amount to date, $102,959.56. Factors of the case. A, the gravity of the violation: Violation not considered to be a health, safety, or welfare. October 26, 2023 Page 118 B, any actions taken by violator to correct: Building Permit PRBD20191147831 was obtained by the owner and completed on September 12th of 2023. C, any previous violations committed by the respondent/violator: None. D, any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. MS. VITAL: All righty. So last time I was here, I told you guys how we had to pretty much take down both the bathrooms and restart everything from scratch due to the person that was doing the work for us originally. To sum it up, he pretty much just like f'ed up everything, which kind of created, like, mold, and we had to get those issues fixed first before we can continue working on the bathroom. So now both of the bathrooms is complete. Pretty much, it's just, like, figuring out, okay, about the fees and, like, what we can do with those. CHAIRMAN KAUFMAN: You're in compliance, okay. BOARD MEMBER CURLEY: Congratulations. MS. VITAL: Thank you. CHAIRMAN KAUFMAN: Yes. Okay. Any discussion from the Board or questions? BOARD MEMBER AYASUN: I have a question. CHAIRMAN KAUFMAN: Yes, Tarik. BOARD MEMBER AYASUN: On the form, the second operational costs it says have not been paid. MR. MUCHA: They were paid today, sir. MS. VITAL: Yeah, yeah. Yeah, I paid that today. MS. BUCHILLON: Yes. VICE CHAIRMAN FUENTES: So -- CHAIRMAN KAUFMAN: There's an extra "not." Okay. John. October 26, 2023 Page 119 VICE CHAIRMAN FUENTES: The case is rather old. MS. VITAL: Uh-huh. VICE CHAIRMAN FUENTES: So I'm going to do the best that I can for you guys, okay? I would make a motion that today's operational costs of 59.56 do get paid within 30 days as well as an additional $700 to be paid within 30 days as well. MS. VITAL: Okay. VICE CHAIRMAN FUENTES: Okay. That would be reducing it from $103,000. So I think -- I would think that's pretty reasonable, okay? MS. VITAL: Thank you. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay, six yay. MS. VITAL: All right. Thank you. Have a good day, guys. CHAIRMAN KAUFMAN: Bye now. Okay, Helen, keep going. MS. BUCHILLON: Next case, No. 11, CEVR20200002859, Leslet Jean Charles and Anne-Rose Jean Charles. October 26, 2023 Page 120 VICE CHAIRMAN FUENTES: What was the case? CHAIRMAN KAUFMAN: Last three digits of the case number? BOARD MEMBER AYASUN: 2859. CHAIRMAN KAUFMAN: Okay. You all sworn? They're still juggling people. 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. Would you care to read this into the record for us, please? MR. MARINOS: I certainly would. Let's see. Past orders: On April 23rd, 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, OR5944, Page 1395, for more information. On August 24th, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in docs and images for more information. The violation has been abated as of August 31st, 2023. Fines have accrued at the rate of $50 per day for the period from April 24th, 2023, to August 31st, 2023, 130 days, for a total fine amount of $6,500. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.56, for a total fine amount of $6,559.56. The gravity of the violation is not health and safety. Any actions taken by the violator to correct: Obtained Permit October 26, 2023 Page 121 PRFH20230312810. Any previous violations committed by the respondent: N/A. And any other relevant factors: N/A. CHAIRMAN KAUFMAN: Okay. Sir. MR. JEAN CHARLES: MY name is Charles, Leslet. So I was here last month, a month ago. But Mr. Charles called me -- but the thing about the fine, I was misguided by the previous inspector, because it was a year ago that the Board give me, I believe, 15 months. So because of the COVID and then I have to have time to get the permit from Collier County, it take like longer to get the permit. So I got the permit now, but I'm just waiting for the previous inspector to either call me or send me an email about the last meeting. Until I didn't remember from him -- when I called the Board, and then they told me -- Marianne, I think that's her name -- she told me there is a fine. I said, no, my next hearing should be in August. She said, no, it's April. So this start accrue fine, you know, to the $50 a day, which is I'm waiting for him to -- but the next thing to ask for an extension because my permit was almost done. I say, okay, I'm ready to go. So basically I was -- you know, spend a lot of money on this land when the incident happened. So I took responsibility for it because it was, like, my land. I spent $15,000 to clear the vegetation just for two weeks by hand so it's -- because it's a wetland, we can't put any machinery there. So, you know, I'm going to ask the Board a favor to waive the fees for me because I don't have the money to pay for it. I spent a lot of money on this land already. CHAIRMAN KAUFMAN: Okay. Sue? October 26, 2023 Page 122 BOARD MEMBER CURLEY: Just one question. So what time did you actually complete it, because it's -- MR. JEAN CHARLES: The permit? BOARD MEMBER CURLEY: No. What time did you complete the project? You said there was a time frame in between when it was done, and you contacted the county, that you didn't know that that was -- MR. JEAN CHARLES: Oh, yeah. So I was here, like, a year ago, 2022, so the Board give me 15 month. So I supposed to come back in August 2023. So I'm waiting for the last inspector. I think this was -- BOARD MEMBER CURLEY: I understand now. MR. JEAN CHARLES: So it was for April, but it was -- I thought it was in August, but it was in April. BOARD MEMBER CURLEY: But you were done with this project in April? MR. JEAN CHARLES: Oh, yeah. The permit was -- wasn't issued. Charles, I think it was issued, by May, right? MR. MARINOS: So Mr. Leslet just -- there's a miscommunication. He missed his request for extension, so the fine began to accrue, but he had his permit issued on 31st August, 2023. BOARD MEMBER CURLEY: Thank you. All right. Thank you. I can make a motion if anybody -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: I'll make a motion to include the $59.56 to be paid within 30 days and reduce the fine to $200. MR. JEAN CHARLES: Thank you. VICE CHAIRMAN FUENTES: Second. BOARD MEMBER CURLEY: Thank you for fixing that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? October 26, 2023 Page 123 (No response.) CHAIRMAN KAUFMAN: Hearing none. Oh, Bart. BOARD MEMBER BHATLA: I would like to waive the fine. CHAIRMAN KAUFMAN: The motion has been made. BOARD MEMBER BHATLA: Okay. CHAIRMAN KAUFMAN: If the motion fails, you're free to make your own motion. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. VICE CHAIRMAN FUENTES: Two. Two opposed. CHAIRMAN KAUFMAN: Two opposed, okay. Passes. Thank you. MR. JEAN CHARLES: Thank you. MR. MARINOS: Thank you. BOARD MEMBER AYASUN: Going forward. CHAIRMAN KAUFMAN: Next case, Helen. MS. BUCHILLON: Next case, No. 10, CESD20190014719, Ulysses Nabal Jaen. MR. JAEN: 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. HOLMES: I do. October 26, 2023 Page 124 MR. JAEN: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. JAEN: Ulysses Jaen. CHAIRMAN KAUFMAN: And you are? MR. JAEN: The respondent. CHAIRMAN KAUFMAN: Okay. Do you want to read this case into the record for us? MR. HOLMES: Sure thing. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On September 24th, 2020, 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, OR5831, Page 4000, for more information. The violation has not been abated as of August -- or October 26th, 2023. Apparently I'm stuck in August. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 24th, 2020, to October 26th, 2023, 1,037 days, for a total fine amount of $103,700. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing: 59.35. Total amount: $103,759.35. CHAIRMAN KAUFMAN: Okay. Sir? MR. JAEN: Okay. Can I explain how we got here? CHAIRMAN KAUFMAN: Yeah. MR. JAEN: The reason why we got here is because the next-door neighbor to me, DEP, constructed a huge truck and auto repair building which caused flooding into my backyard. October 26, 2023 Page 125 He called the -- when I moved my shed, I called the county engineer to come and inspect because the water was pouring in, and I was afraid it was going to flood the back of my house. The county engineer came after a few weeks or whatever, and I showed him videos and pictures, et cetera, and they refused to give us a report, a written report. He agreed -- because when I walked with -- the yard with him, he saw that the water was coming in; however, I couldn't get a written report from him. So I filed a building permit application as instructed because he complained against me because he said that I had moved my shed from where the water was flooded to the north side of the backyard where it was higher up, and when I did that, he called the county on me. So I went to get the building permit. But because the shed that I started building was five inches too close to my next-door neighbor, who had agreed for me to build it there, then I had to get a variance. So I had to get all kinds of plans and go through a variance. It cost me thousands of dollars, plus planning and all that. Finally, years later, here we are, and I filed again for the building permit. I was waiting for the building permits to come in and finally get the inspections and get this thing done. Well, it turns out that they refused the vegetation removal affidavit because the one that I had submitted did not have the notarized something, or whatever. And now I had no idea that I'm waiting for the building inspectors to come out, and I had no idea that I was being given another notice to come in for fines to be imposed. One more time, I've been building the shed from the beginning, trying to comply. I got the variance. I went through all the plans. I filed for the permits. I've been waiting for the inspectors. Now I need to request, again, another extension. I know that it's been a October 26, 2023 Page 126 long time, but I don't expect that it's going to take me any less than at least 18 months for the building permit to come out with my lot. They're going to come out. They're going to say there's something wrong, I've got to get it reinspected, and back and forth. And I don't want to have to come back and take your time again in another month, so I respectfully request another six months so I can get this completed. CHAIRMAN KAUFMAN: Okay. So if I understand correctly, there was some water intrusion on your property that caused you to move an existing shed to another location on your property? MR. JAEN: Correct. CHAIRMAN KAUFMAN: Okay. And they issued you a violation because you moved that -- MR. JAEN: Without a permit. CHAIRMAN KAUFMAN: -- shed without a permit? MR. JAEN: Yes, sir. CHAIRMAN KAUFMAN: So the permit that you were trying to get was what type of permit? To build a new shed? MR. JAEN: To build my own shed. I wanted to build the shed on the north side where it's higher up. But when I started doing the cement, he called the county on me, and because I did the foundation five inches too close to my next-door neighbor, who agreed and signed and everything for me to do it, they still said no. I have to go through the whole entire variance process. So that took a long time. CHAIRMAN KAUFMAN: Did you do this yourself? MR. JAEN: I did. It was my son and I's project to show him how to learn to work. CHAIRMAN KAUFMAN: So ordinarily when you start a project like that, the first thing, after the commencement, is the spot survey which says you're two inches in the wrong place here or October 26, 2023 Page 127 whatever it is, so... MR. JAEN: That never happened. CHAIRMAN KAUFMAN: So it's an expensive lesson to learn. MR. JAEN: Outrageously expensive and painful. MR. LETOURNEAU: Yeah, Mr. Chairman, for the record, Jeff Letourneau, Collier County Code Enforcement. We sat on this for a while before we brought it for imposition due to the fact that there was a variance, which does take a long time, obviously. I did notice that he had pulled the permit for the shed. It appeared, when I looked in the file, that it was kind of stalled out and wasn't moving forward, so I decided to bring it for imposition; however, there has been a flurry of activity recently, and if a continuance was given at this point, the county would not object. I do believe that this gentleman is trying to get this thing taken care of. MR. JAEN: Thank you, sir. CHAIRMAN KAUFMAN: Okay. So you think a continuance of X amount of days will -- MR. JAEN: A minimum of 180 days, because I know it's going to keep going back and forth. We've got to get the inspectors to come out. Then when they give me the report, I've got to go fix whatever they don't like, and then they come back again and then, you know, hopefully that will take care of it, and I can get it finished. VICE CHAIRMAN FUENTES: Jeff, how do you feel about the 180 days from the county's perspective? MR. LETOURNEAU: I feel -- I mean, I think he probably went through a lot of time-consuming county stuff, and he feels he needs 180 days. I can't disagree with him. He's probably spent a lot of money on the variance already moving the shed and everything, so I do feel that we have no objection to 180 days. It's not a health or safety issue. CHAIRMAN KAUFMAN: Okay. Lee, you are next? October 26, 2023 Page 128 BOARD MEMBER RUBENSTEIN: Yeah. I'd like to make a motion that we allow this gentleman a continuance for 180 days with the 59.35 and the fine accruing. CHAIRMAN KAUFMAN: 59.35 to be paid within 30 days? BOARD MEMBER RUBENSTEIN: Yep. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JAEN: Thank you. Have a good rest of your day. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: Next case, No. 12, CESD20220001875, Juan Antonio Escalante Erazo. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. ESCALANTE: I do. October 26, 2023 Page 129 CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic for us. MR. ESCALANTE: Juan A. Escalante. CHAIRMAN KAUFMAN: And would you like to read this case into the record for us? MR. OWEN: Yes, I will. Past orders: On October 27th of 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, OR6192, Page 2813, for more information. The violation has been abated as of September 11th, 2023. The fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for the period from April 26th, 2023, to September 11th, 2023, 139 days, for a total fine amount of $6,950. Previous assessed operational costs of 59.35 have been paid. Operational costs for today's hearing are 59.28, for a total of $7,009.28. The gravity of the violation is not health or safety. Any actions taken by the violator to correct: Permit for garage conversion, PRFH2020630559, final date of September 11th of 2023, and permit for demolition of a wooden structure, PRDM2021255437, final date on April 6th, 2023. Any previous violations by the respondent: None. And any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir, did you finish the conversion, or you stopped it? MR. ESCALANTE: Yeah, it's all done. The last time I was here -- because I had to get permits for demolition for whatever what I did on the garage. I had a live-in area in the garage, so I had a demolition -- to get a permit for demolition. October 26, 2023 Page 130 And I did -- you guys gave me six months to have all that done, but I decide to -- instead to convert the -- that area in the garage back, so I decided to convert the storage. So that's what -- it took me a little bit more long because instead of putting the garage door, I decided to put a wall and two windows in that area, so that's why we -- CHAIRMAN KAUFMAN: I was wondering how you could possibly get it done that quickly. So you converted -- instead of converting the garage to living space with a kitchen and a bathroom, you converted it to storage space? MR. ESCALANTE: Yeah. CHAIRMAN KAUFMAN: Okay. I just wanted to understand what the case was. BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: Okay. Any comments from anybody? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion on this? BOARD MEMBER CURLEY: I will. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: The operational costs of 59.28 to be paid, and a reduction of the fine to $250. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Discussion 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.) October 26, 2023 Page 131 VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Two opposed, five passes. So the motion passes. You have $250 plus the $59.28. MR. ESCALANTE: Thank you. CHAIRMAN KAUFMAN: Okay. MR. OWEN: Thank you. CHAIRMAN KAUFMAN: Okay. Very good. Thank you. MS. BUCHILLON: Next case, No. 15, CESD20220003174, Olympia Park A Land Condominium. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COLLIER: I do. MR. MOORE: I do. MR. ORTA: I do. CHAIRMAN KAUFMAN: Good morning. MR. MOORE: Good morning. MR. ORTA: Good morning. CHAIRMAN KAUFMAN: Would you like to read this into the record for us? Can you both state your name on the microphone first. MR. MOORE: William Moore. MR. ORTA: Diego Orta. CHAIRMAN KAUFMAN: Okay. MR. COLLIER: Adam Collier, Collier County Code Enforcement. October 26, 2023 Page 132 Past orders: On January 26th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6217, Page 483, for more information. The violation has been abated as of September 8th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for a period from July 26th, 2023, to September 8th, 2023, 45 days, for a total fine amount of $6,750. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing is 59.49, bringing the total amount to $6,809.49. The gravity of the violation is non-health, safety, and welfare. Actions taken by the violator to correct: Violator maintained good contact with the investigator while working towards abatement. Contractors were hired. Permits were obtained and finalized. All previous -- or any previous violations committed by the respondent or violator? There's no relevant case history to present. And any other relevant factors? There are no other relevant factors to present at this time. CHAIRMAN KAUFMAN: Okay, sir. MR. MOORE: Good morning. I'm here to ask the Board to set aside the fines and operational costs against the association for this event. Basically, we're dealing with an issue that's 20 years old. The basic -- the original permit for the sign was never closed out by the developer, and this is a commercial property. And it came to our attention this last year there was an issue with an open permit when one of the owners changed hands and the new owner got a permit to put his marquee on the sign. So we went ahead, and once we became aware of it, I did some October 26, 2023 Page 133 research trying to find the original sign company to check their files as far as their permit. Well, the company was sold to another company in Sarasota. After we tracked them down, I talked to the owner there, explained to him the circumstances. He said, "I had very sketchy records when I bought this company" as far as what he had paperwork-wise as far as client work he'd done. So we had no paperwork there. So we went and looked at the gravity of the situation and tried to figure out what our outcomes were. We were trying to figure out what the issue -- why the permit wasn't closed. We were told that there was an issue with a setback. So I had a surveyor come out and survey the property, and it was determined that the sign was eight inches over the right-of-way sign onto Airport Road. So we looked at opportunities of how could we fix that. One was try to reduce the front side of the sign. One was -- the other was to try to get permission for a grandfather. Neither one of those seemed feasible after we did some conversation [sic] work, and so we, in turn, looked at -- the other option was to replace the sign and try to get that done. We could not get the sign replaced, so we had the sign taken down. The sign was removed on July 16th of this year. So there was no setback issues of the eight inches. That was taken away and gone. Before we took the sign down, we did go to the county permitting department to ask about a demolition permit. We were told at that point in time that there was no permit required to demolition [sic] the sign, so that's when we went ahead and took the sign down. Once the sign was down, I called Mr. Collier to let him know the sign had been removed. He informed -- asked me. He said, I don't think I've seen a permit pulled for that demolition, and I told October 26, 2023 Page 134 him at that point in time that we did not -- we were told by the permitting department that there was no permit required. He was pretty adamant with me that we need to do that or have their office call his office. In retrospect, we should have done that, but we made the decision to go ahead and go for the permit so we would be in total compliance with the county requirements. We got a permit. It was $650 for the permit, and that was after the fact. I admit that; that was after the fact. And then it was the process of getting the permit approved and then calling for the inspections. As it turned out, there were four inspections for the sign. One was electrical. I think -- I'm guessing what the other three are. There's fire and safety and I don't know. But anyway, so those were done. We finally got a certificate of completion on September 8th. And so that's where we are today. That's why I'm asking that -- we feel that we've complied with the county's requirement from the setback perspective of removing the sign before the 25th of July. That was the issue with the original permit, so that permit should go away. We've completed the removal of the sign from a demolition perspective, and we've got a certificate of completion for that as well. VICE CHAIRMAN FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. VICE CHAIRMAN FUENTES: That we go ahead and deny the county the imposition of fines; however, your operational costs for today do need to be paid within 30 days. That payment is going to be $59.49. BOARD MEMBER CURLEY: I second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. Any discussion on the motion? (No response.) October 26, 2023 Page 135 CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MOORE: Thank you. MR. ORTA: Thank you. MR. COLLIER: Thank you. BOARD MEMBER AYASUN: That was very good. MS. BUCHILLON: Next case, No. 16, CESD20210001490, Cecilio Martinez Resendiz and Maricela Valerio Martinez. 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. PEREZ: Yes, I do. MS. VELEGAS: Yes, I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. VELEGAS: Yes. Maria Velegas (phonetic) on behalf of Cecilio Martinez. CHAIRMAN KAUFMAN: Okay. Do you have Martinez's authorization to speak in her behalf? MS. VELEGAS: Yes. MS. BUCHILLON: Yes, we have authorization on hand, and it's also in the -- did you put it in the I drive? No? But I do have it October 26, 2023 Page 136 here. CHAIRMAN KAUFMAN: Would you like to read this into the record for us? MS. PEREZ: Yes. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. On September -- past orders: On September 22nd, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6181, Page 454, for more information. On February 23rd, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has not been abated as of October 26th, 2023. Fines have accrued at the rate of $100 per day for the period of January 21, 2023, to October 26th, 2023, 279 days, for a total fine amount of $27,900. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.42. Total amount is $27,959.42. CHAIRMAN KAUFMAN: Okay. Ma'am? MS. VELEGAS: Good afternoon. My name is Maria Velegas with HK&L Associates at located 1507 Park Meadows Drive in Fort Myers. We were hired by the property owner last year before the hearing on September 22nd, 2022. And due to a timing issue and showing good faith in working towards compliance, the Code Enforcement Board granted an extension until January 20, 2023. On February 24, '23, we had requested an extension in order to comply with the permitting process. Since then, we have made significant strides towards completing the permit for the pole barn October 26, 2023 Page 137 under PRBD2021-041760601 and towards the closing out of this code case. The survey has been completed, and it has been signed and sealed by a professional surveyor. We also had to submit for a vegetation removal permit as part of the open conditions listed in the building permit. The VRP environmental permit has been quite difficult to finalize. We had to seek a wetland determination, as county staff had indicated that the property had wetlands. After searching for a consultant, we finally found a company that was willing to do the survey but not for a few months out. The wetlands survey was completed in the first week of July 2023. Since then, we submitted the wetlands survey proving to the county that the property is 100 percent uplands. The county staff accepted the survey. As mentioned in the VR -- the VRP narrative, there was a clearing of vegetation that occurred before Mr. Martinez' ownership as well, and a few of the trees were burned by recent fires that occurred in the area. However, the staff placed a condition on our permit indicating that we need to complete a restoration plan for the area in front of the pole barn that was previously cleared. A restoration plan requires the planting of natural native vegetation. Since the property has not exceeded one acre of clearance, we're hoping that the county staff would allow us to place fruit trees and other types of plants to make the best use of the land. We're awaiting confirmation from the county staff, and once we receive the confirmation, we can continue with the landscape plans that need to be signed and sealed by a certified landscape architect. And finding a landscape architect has not been easy, either; however, once we obtain the confirmation from the county, we can proceed forward to a CO. October 26, 2023 Page 138 With all this said, we kindly ask for an extension of the code violation, and we're asking for at least 90/120 days if we can do the -- planting the fruit trees, but since the cold weather is coming, we want it, you know, to be at least six months so we can plant and then the trees not to die and then be again with the same issue. CHAIRMAN KAUFMAN: So this started September 22nd, 2022, a year ago, a little bit over a year. MS. VELEGAS: That's when the -- that's when they hired us to do the permitting process to help. CHAIRMAN KAUFMAN: So Mr. Martinez or Mrs. Martinez started building this without any permit? MS. VELEGAS: I believe so. CHAIRMAN KAUFMAN: Okay. MR. PEREZ: That's correct. CHAIRMAN KAUFMAN: And we're down to the point where it's all the things that you've done, still no permit, still no CO. MS. VELEGAS: No CO, okay. CHAIRMAN KAUFMAN: And it's in the position it has not been abated as of today, and the fines are $27,959.42. At this point, we can either grant a continuance, or we can impose the fine. So, Sue? BOARD MEMBER CURLEY: I don't get that fruit tree thing. What does that have to do with it? CHAIRMAN KAUFMAN: I don't know what kind of trees have to be planted there, but... MS. PEREZ: Yeah. So in the process of reviewing that permit, they found there was more clearing than the county would authorize for the first acre permitted by the house plus this barn. It's a large barn, large building. And the county concluded there's still additional space that needs to be authorized or -- after clearing, or it needs to be mitigated. So they have two -- their last discussion that October 26, 2023 Page 139 I've had with them this week has been, can we add fruit trees? So if the county were to authorize this additional clearing space for the property owner to plant fruit trees for their own consumption, they would prefer to do that versus going through the landscaping architect to then, you know, mitigate and plant native vegetation in that space. CHAIRMAN KAUFMAN: And we, as a board, we don't care what they plant there, as long as they come into compliance. MS. PEREZ: Right. BOARD MEMBER CURLEY: I didn't understand. MS. PEREZ: Yeah. It's a form of resolution if the county approves that space for that purpose. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? BOARD MEMBER AYASUN: How much time do they need? How much time? CHAIRMAN KAUFMAN: You're saying that you need time, and the cold weather's coming; you can't plant fruit trees. MS. VELEGAS: If we are going to do the -- if we get -- I mean, like you're saying, that it doesn't matter what they plant, if it's fruit trees or any plant. If it's fruit trees, the cold weather is coming, and probably the trees won't even make it, so... CHAIRMAN KAUFMAN: Well -- BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Yes, Lee. BOARD MEMBER RUBENSTEIN: Does this look any different today than it did a year ago? MS. VELEGAS: The pole barn? BOARD MEMBER RUBENSTEIN: I'm sorry. MS. VELEGAS: The land? BOARD MEMBER RUBENSTEIN: Well, the unpermitted October 26, 2023 Page 140 carport and the other structures. BOARD MEMBER CURLEY: It's a barn. MS. VELEGAS: It's a pole barn, yeah. BOARD MEMBER RUBENSTEIN: Does it look any different today? Has anything been done? MS. VELEGAS: Well, we have the pictures and, yeah, they're willing to -- they're willing to do whatever is asked to do. I mean, like, they -- we had to do the -- to get the wetland request, and we complied, and, yes, they're willing to do whatever is asked to. BOARD MEMBER RUBENSTEIN: But nothing's changed from last year? BOARD MEMBER ELROD: A lot of paperwork. MS. VELEGAS: No, just paperwork and paperwork. BOARD MEMBER RUBENSTEIN: All right. Thank you. BOARD MEMBER ELROD: I'll make a motion to grant 120 days' continuance. BOARD MEMBER AYASUN: Second. BOARD MEMBER ELROD: And pay today's operational costs of 59.42 in 30 days. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion -- BOARD MEMBER RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: -- and we have a second. Any discussion on the motion? BOARD MEMBER CURLEY: How many days did you give him? BOARD MEMBER ELROD: One twenty. CHAIRMAN KAUFMAN: One twenty; four months. Okay? MS. VELEGAS: Okay. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. October 26, 2023 Page 141 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes 5-2. MS. VELEGAS: Thank you. Thank you for your time. CHAIRMAN KAUFMAN: Okay. When you come back in four months, I would suggest that you get CO'ed on this, okay. MS. VELEGAS: Thank you. CHAIRMAN KAUFMAN: Well, my stack of paper's going down. Terri, are you okay? You want to take a little bit? VICE CHAIRMAN FUENTES: How many more do we have left? MS. BUCHILLON: Three more cases. One present and two not present. CHAIRMAN KAUFMAN: Okay. What's next? Terri waved us off. Okay, Terri. MS. BUCHILLON: Next case, No. 21, CESD20220010928, Jean Nailon and Maline Nailon. MR. NAILON: I'm the last one in the room. VICE CHAIRMAN FUENTES: Saved the best for last. 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. NAILON: I do. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. Charles -- October 26, 2023 Page 142 Can you state your name on the microphone for us. MR. NAILON: Gene Nailon. CHAIRMAN KAUFMAN: Okay. Gene. Do you want to read this into the record for us? MR. MARINOS: Yes, sir, I will. Past orders: On June 22nd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached of the Board, OR6271, Page 3890, for more information. The violation has not been abated as of October 26th, 2023. Fines have accrued at a rate of $150 per day for the period from September 21st, 2023, to October 26th, 2023, 36 days, for a total fine amount of $5,400. The fines continue to accrue. Correction to this document here, previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.49, for a corrected total amount of $5,459.49. CHAIRMAN KAUFMAN: Okay. Sir. MR. NAILON: So I actually have two cases, two Code Enforcement violation cases. We hired Octavio Sarmiento, ASSA, and he -- six ways to Sunday. Paid the guy. Just dropped the ball. CHAIRMAN KAUFMAN: You're saying you hired the wrong person? MR. NAILON: Yep. CHAIRMAN KAUFMAN: Okay. MR. NAILON: So I took it upon myself, and I got one of them -- one of the code violation in the permit -- and the permit approved. He didn't even try to take care of this one. Didn't do anything. So now it's up to me to take care of it myself, so... BOARD MEMBER CURLEY: Yep. MR. NAILON: But, yeah, that's where I'm at. October 26, 2023 Page 143 CHAIRMAN KAUFMAN: So -- MR. NAILON: I hired somebody, and they just didn't do the work. CHAIRMAN KAUFMAN: So what needs to be done? MR. NAILON: So in the violation, I have a big metal building, and I built separating walls in the bays. And, actually, the inspector that came out the first time, it was for -- we had a -- I had a painting area that we had to take down and take out, which we did. And he's like, well, these walls are not on your original permit. So he then put me against the wall for that one. So I have to make some drawings, apply for a permit, do all that fun stuff. So the building itself is 100 percent sealed. This is after the fact. CHAIRMAN KAUFMAN: This is interior? MR. NAILON: Yes, sir, nonstructural. BOARD MEMBER AYASUN: Sounds familiar to me. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER CURLEY: Nightmare. MR. NAILON: That guy is a nightmare. Does not answer the phone. He took $5,000 from me. CHAIRMAN KAUFMAN: So you're working on this personally? MR. NAILON: Yes; yep. I am a cabinetry contractor, so I understand building process all -- everything. CHAIRMAN KAUFMAN: When do you think would be a good time to get this thing abated by? MR. NAILON: Well, I can get the permit probably within 30 days, but I don't know what -- if they find any violation or things that need to be corrected, so I would respectfully ask for, like, four months. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? October 26, 2023 Page 144 BOARD MEMBER CURLEY: Yeah, I will. I'll make a motion to grant you four months, but let's make it to our next -- our meeting in February; would that be right? CHAIRMAN KAUFMAN: One hundred twenty days. BOARD MEMBER CURLEY: One hundred twenty. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: And just to pay the 59.49 today. MR. NAILON: Okay. BOARD MEMBER CURLEY: And hopefully you have all this done by then. MR. NAILON: Yeah. No, I will. I just -- you know, he saw that the other one got a permit issued, you know, and it's -- you know, this guy just dropped the ball. VICE CHAIRMAN FUENTES: Second. CHAIRMAN KAUFMAN: So 120 days, 59.49 to be paid within 30 days. That does it? BOARD MEMBER CURLEY: You've got a second right here. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: (No verbal response.) BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIRMAN FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER RUBENSTEIN: Any discussion? October 26, 2023 Page 145 CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I just had a question. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Are you trying to build a paint body shop? MR. NAILON: No, no. We had a paint booth in our shop, and they had said that we couldn't have it because they wanted environmental and all this stuff. But the stuff that we spray is water-based paint. BOARD MEMBER RUBENSTEIN: Are you doing painting in there presently? MR. NAILON: No, not anymore. I subcontract it out now. It all had to go away. BOARD MEMBER RUBENSTEIN: What happened -- the paint booth is removed? MR. NAILON: We had to take everything else, yep. BOARD MEMBER RUBENSTEIN: It was a downdraft booth? MR. NAILON: No. It was just a booth we built and, you know, filtered and -- but, again, it's all water-based paint. BOARD MEMBER RUBENSTEIN: So that's all gone? MR. NAILON: It's all gone. BOARD MEMBER RUBENSTEIN: Thank you. CHAIRMAN KAUFMAN: We're done. MR. NAILON: Thank you. CHAIRMAN KAUFMAN: See you in four months. MR. NAILON: I'm going to get lunch now. CHAIRMAN KAUFMAN: That's a good thought. Helen. (John Fuentes left the boardroom for the remainder of the meeting.) October 26, 2023 Page 146 MS. BUCHILLON: Next case, No. 13, CENA20230000262, Gloria May, and also Case No. 14, CEV20230001500. CHAIRMAN KAUFMAN: Okay. They look identical. Close to identical. MR. MARINOS: Similar. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Terri, you might want to -- John had to run. Okay. Do you want to hear them at your pleasure? Which one do you want to read first? MR. MARINOS: I have CENA, No. 13 open. CHAIRMAN KAUFMAN: Last three digits? MS. BUCHILLON: 262. MR. MARINOS: 262. CHAIRMAN KAUFMAN: Gotcha, 0262. BOARD MEMBER AYASUN: It ends in 2062. MR. MARINOS: Past orders. BOARD MEMBER RUBENSTEIN: One is cars, and the rest is everything else. CHAIRMAN KAUFMAN: Yeah. MR. MARINOS: Correct. Past orders: On May 25th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6272, Page 213, for more information. October 26, 2023 Page 147 On July 31st, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in docs and images for more information. The violation has not been abated as of October 26th, 2023. Fines have accrued at a rate of $150 per day for the period from June 10th, 2023, to October 26th, 2023, 139 days, for a total fine amount of $20,850. Fines continue to accrue. Previously assessed operational costs of $5,928 have been paid. Operational costs for today's hearing is $59.42, for a total amount of $20,909.42. CHAIRMAN KAUFMAN: Okay. Have you been in contact with them? MR. MARINOS: Yes, continuous contact. CHAIRMAN KAUFMAN: What's the problem? MR. MARINOS: Ms. May was scheduled originally for last CEB hearing, IOF, and had a -- slipped and broke her foot, essentially, in the shower. I believe she has some continued financial hardship and is having trouble getting people to help her finish it off. If you'd like me to speak to the general condition of the property at this point in time, from the case opening it has improved significantly. From the previous hearing, I'd be hard pressed to say it's improved much since the last continuance. CHAIRMAN KAUFMAN: Was this -- I'm trying to remember the case. Was this the one where somebody died and she wound up with -- MR. MARINOS: No, that would be a -- CHAIRMAN KAUFMAN: That's a different one? MR. MARINOS: -- a different case, yes. BOARD MEMBER RUBENSTEIN: This one looks like a junkyard. October 26, 2023 Page 148 MR. MARINOS: This was -- her and her husband owned the property. Her husband has passed away relatively recently. She originally had multiple people living in the rear contributing to some structural problems, litter and unlicensed inoperable vehicles. Three separate cases, obviously. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Chuck, I've got a couple questions for you. MR. MARINOS: Yes, sir. MR. LETOURNEAU: Who was the original complainant? MR. MARINOS: The original complainant was a neighbor, I believe, or -- not a direct neighbor, but down the street. MR. LETOURNEAU: Okay. All right. And then in your opinion, do you think if any additional time was given on these cases, would it make any difference? MR. MARINOS: I would really hope so. She definitely has made movement towards, but, again, since the last continuance I'd be hard pressed to say it's improved that terribly much. There's not much there at this point. Speaking the original condition of the property, there had been -- we're talking about the nuisance abatement case here in particular. Litter had been spread over the entire property. At this point it's not so much litter as un- -- sorry -- prohibited outdoor storage. Approximately three piles of -- you know, neatly stacked piles of cinderblocks and a go-cart frame would be the only real litter left on the property. Maybe one or two tires. CHAIRMAN KAUFMAN: Okay. I don't want to get into the other case at this -- but there are three vehicles on there? MR. MARINOS: The vehicles as a separate case, they are down to two vehicles, one trailer that the individual was supposed to take away. Apparently failed to do so. And then a Pontiac Firebird October 26, 2023 Page 149 that she thought she had abated by moving it into a structure, but the structure is open sided and not fully enclosed, so it would not qualify for abatement. BOARD MEMBER RUBENSTEIN: I have a question for Jeff. CHAIRMAN KAUFMAN: Okay, Lee. BOARD MEMBER RUBENSTEIN: What's the county's position on something like this? It's like abandonment. I mean, they didn't show up here. Do you have the right to go in there and clean up this property -- MR. LETOURNEAU: Okay. BOARD MEMBER RUBENSTEIN: -- and lien them? MR. LETOURNEAU: It's an improved property where somebody's living on. We normally would not go in and abate something like that unless we thought it was a severe health and safety issue. I don't know if it's homesteaded; however, if it was an unimproved property, yes, definitely, we would take a look at going in there and taking care of the junk. At this point, it seems to be that Chuck feels that maybe this lady has made enough progress where maybe a little bit more time might be okay. Is that the drift I'm getting from you? MR. MARINOS: I mean, worst case scenario we're back here again to talk about what happened. MR. LETOURNEAU: Right. And if you notice, I have a tendency to bring back litter and car cases very quickly because, in my opinion, you should be taking care of them quickly. You don't need to get a permit. CHAIRMAN KAUFMAN: Jeff, why don't you withdraw this, and maybe she'll be at the next meeting? MR. LETOURNEAU: Okay. The county requests to withdraw these two cases at this time. I do believe you need to vote October 26, 2023 Page 150 on it, though. Yeah, and we will bring them back within a couple months here if she doesn't make any more progress. MR. NOELL: If I may, just a suggestion just for the record. If the Board wants to grant a continuance, that would show, if there's a future pattern, of the respondent failing to show. The Board can, on its own, grant a continuance until the next meeting, and I'll note in our order, of course, that she was notified and had proper notice of this hearing, did not show, and then if next month it's the same, that would -- that would be beneficial in support of moving forward in her absence as well. BOARD MEMBER RUBENSTEIN: Can we grant a continuance? MR. NOELL: You can on your own, absolutely. BOARD MEMBER RUBENSTEIN: All right. I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion that both of these, the one ending in 1500 and the other ending in 0262, have a 60-day continuance with the -- CHAIRMAN KAUFMAN: Why did you make it 60 instead of 30? BOARD MEMBER AYASUN: We're coming back in November. CHAIRMAN KAUFMAN: We're here in 30. We're not here in 60. There's no meeting in December. BOARD MEMBER RUBENSTEIN: Okay. I'll retract it to -- CHAIRMAN KAUFMAN: Thirty days. BOARD MEMBER RUBENSTEIN: Both cases will be for 30 days with the 59.42 and all other fines accruing. CHAIRMAN KAUFMAN: Okay. We're going to vote on them separately. October 26, 2023 Page 151 BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Let me see if I have this. The case ending in 0262, what he said. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The case ending in 1500, same? BOARD MEMBER RUBENSTEIN: Same. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Granting a continuance for 30 days. BOARD MEMBER RUBENSTEIN: And the 59.42, and all fines continue to accrue. CHAIRMAN KAUFMAN: Yes. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 26, 2023 Page 152 MS. BUCHILLON: One question. So we are doing the ops costs on both cases? CHAIRMAN KAUFMAN: We're doing the what? MS. BUCHILLON: The ops costs, the operational costs on both cases? CHAIRMAN KAUFMAN: Yes, yes, yes. MS. BUCHILLON: Thirty days, right? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Helen, did you read the notice in also or -- I don't know. I don't remember. MS. BUCHILLON: No. Respondent was notified regular and certified mail October 9, 2023, and it was posted at the property and courthouse October 5th, 2023. CHAIRMAN KAUFMAN: Terri, you might want to also show that the respondent was not present today. BOARD MEMBER RUBENSTEIN: Does it look like they're still living there when you go by? MR. MARINOS: Yeah, they're absolutely still living there, or, rather, Ms. May is still living there. The previous other tenants are gone. CHAIRMAN KAUFMAN: Okay. Are we -- all the cases done? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Time out. We have the foreclosure collection authorization form for four cases. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So we want to vote to approve sending these to the county for disposition. BOARD MEMBER CURLEY: I'll make a motion to approve the county's list of foreclosure properties. BOARD MEMBER ELROD: Second. October 26, 2023 Page 153 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: Motion to adjourn. CHAIRMAN KAUFMAN: Okay. Do we have anything else, Helen? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: I just want to remind everybody that the next meeting is a Friday, okay? BOARD MEMBER RUBENSTEIN: What's that? BOARD MEMBER AYASUN: Next meeting is on a Friday. CHAIRMAN KAUFMAN: Next meeting is on a Friday. So if you come here Thursday, you'll be early. BOARD MEMBER ELROD: In my office. I'll be fine. BOARD MEMBER BHATLA: It's in November? MS. BUCHILLON: Yes, November 17. CHAIRMAN KAUFMAN: We are adjourned. ******* BOARD MEMBER AYASUN: Next meeting is on a Friday. CHAIRMAN KAUFMAN: Next meeting is on a Friday. So if you come here Thursday, you'll be early. BOARD MEMBER ELROD: In my office. I'll be fine. BOARD MEMBER BHATLA: It's in November? MS. BUCHILLON: Yes, November 17. CHAIRMAN KAUFMAN: We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 : 13 p.m. CODE ENFOR EMENT BOARD gal ' O : ' R'I FMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on AliiiMLi, 17 20,3as presented X or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.