Loading...
CEB Minutes 11/17/2023November 17, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 17, 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 Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate John Fuentes (Excused) Sue Curley (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 November 17, 2023 Page 2 CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board to order. Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes time unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Okay. I'd like everybody to stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call, Helen. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement Board. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley is excused. Mr. John Fuentes is excused. Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. November 17, 2023 Page 3 MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: Mr. James York is excused. Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Thank you. CHAIRMAN KAUFMAN: Okay. I'm sure everybody's read the minutes. Can I get a motion to accept the minutes as written? BOARD MEMBER ELROD: Make a motion to accept the minutes as written. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. MS. BUCHILLON: We have some changes. As of now, we only have one stipulation, under hearings, No. 9, CESD20230003711, Maria Isabel Reyes. And we have some withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings, No. 2, CESD20220000669, Meirivan Rodrigues and Silvimar Dias has been withdrawn. Violation has been abated. November 17, 2023 Page 4 Number 4, CESD20220009351, Brittany Bay Apartments II, LLC, care of Spira Brittany Bay II, LP, has been withdrawn due to compliance efforts. Number 5, CELU20220009913, Richard McElrath, Jr., has been withdrawn. In-house continuance. Number 6, CESD20230001084, Erick Padilla, has been withdrawn due to compliance efforts. Number 8, CESD20230000823, Island Walk Homeowners Association, Inc., has been withdrawn due to an in-house continuance. Under old business, motion to for imposition of fines and liens, No. 1, CEAU20220007161, Jose Alvarado Mata, has been withdrawn. Respondent paid the past due ops costs. Number 3, CESD20210013392, VJL Properties, LLC, has been withdrawn due to compliance efforts. And, No. 8, CELU20220011318, Yohenis Martinez, has been withdrawn due to an in-house continuance. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the agenda as modified? BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? November 17, 2023 Page 5 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to? MS. BUCHILLON: Our first case under public hearings, A, motions, motion for extension of compliance deadline, No. 1, CELU20220010742, Amy Marie Lowell. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MS. LOWELL: I do. CHAIRMAN KAUFMAN: Could you move the microphone up a little bit so I can hear you, and state your name on the -- MS. LOWELL: Amy Lowell. CHAIRMAN KAUFMAN: Okay. Rick? MR. MIGAL: Good morning. CHAIRMAN KAUFMAN: I guess you're requesting, so... MS. LOWELL: Correct. Oh, I just need a little bit more time. CHAIRMAN KAUFMAN: Okay. How much more? MS. LOWELL: Three or four months, whatever you can give me. It's just me, and I'm just, you know, doing the best I can. We've gotten rid of a lot. CHAIRMAN KAUFMAN: Okay, Rick. MR. MIGAL: She has been working towards compliance. When I first met her, the day that I met her to issue her her notice, she was coming back from the hospital because she had to have surgery on her ankle. I thought you were going to mentioned that. MS. LOWELL: Sorry. MR. MIGAL: But she's by herself, basically -- her son lives there sometimes -- and so it's a daunting task. She has a lot. Her husband passed, and there's just a ton on the property. But there's November 17, 2023 Page 6 been steady progress made, and I have no problem with you giving her extra time. CHAIRMAN KAUFMAN: Okay. Comments from the Board or motions? BOARD MEMBER BHATLA: I make a motion -- CHAIRMAN KAUFMAN: Yes. BOARD MEMBER BHATLA: -- to give her four months. CHAIRMAN KAUFMAN: Okay. Talk into the microphone though, so... Okay. We have a motion to grant a continuance of four months. BOARD MEMBER BHATLA: Four months. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have four months. MS. LOWELL: Thank you. CHAIRMAN KAUFMAN: And like you did now, you came before your compliance date was up. If for some reason you're not done in four months, come before that date so that you don't accrue fines. MS. LOWELL: Perfect. Thank you. Thank you so much. November 17, 2023 Page 7 MR. NOELL: And just for clarity, that will be four months from today's hearing date? CHAIRMAN KAUFMAN: That's correct. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: So you're good till next year. MS. LOWELL: Thank you. Thank you. CHAIRMAN KAUFMAN: Stay off your ankle. MS. LOWELL: I'd like to. CHAIRMAN KAUFMAN: Okay. Next case. MS. BUCHILLON: Next case will be the imposition of fines [sic], No. 9, CESD20230003711, Marie Isabel Reyes. CHAIRMAN KAUFMAN: This is an imposition of fines? MS. BUCHILLON: No. Did I say "imposition of fines"? I'm sorry. The stipulation. CHAIRMAN KAUFMAN: Could be my hearing. I am getting older. 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. CHAIRMAN KAUFMAN: This is a stip. MS. PEREZ: Yes, this is a stipulation. CHAIRMAN KAUFMAN: Okay. Let the record show respondent is not present. Would you like to read the stipulation into the record for us? MS. PEREZ: Yes. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. I met with Ms. Reyes yesterday at her home to discuss a stipulation. Therefore, it is agreed between the parties that the respondent shall: November 17, 2023 Page 8 One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy to keep or remove the unpermitted addition to the rear of the home within 180 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Three, respondents 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: My only question on this is, is the addition occupied or not occupied? MS. PEREZ: It is not occupied as of my site visit yesterday. It's actually still under construction. There was a stop work order placed on the property, and they adhered to it. CHAIRMAN KAUFMAN: Okay. Great. So someone want to make a motion? BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. November 17, 2023 Page 9 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Thank you, Cristina. MS. BUCHILLON: Next we need to amend the agenda. We have another stipulation added. Under hearings, No. 11, CESD20230004797, James and Rebecca Dunnigan. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to -- BOARD MEMBER ELROD: Motion to modify the agenda. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And here's the stipulation. It's still hot. I'm assuming that the -- I'm assuming that the respondent was here, agreed, and left? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. So do you want to read the November 17, 2023 Page 10 stipulation into the record for us? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. All right. 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 certificates of completion/occupancy for the mobile home within 60 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. BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. November 17, 2023 Page 11 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Next. MS. BUCHILLON: Next case under hearings, No. 7, CESD20230000282, Gilbert Lordeus and Facilite Liberal. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. LORDEUS: I do, truth. CHAIRMAN KAUFMAN: Could you give us your name on the microphone so I can hear you. MR. LORDEUS: Okay. BOARD MEMBER AYASUN: Your name? MR. LORDEUS: My name is Gilbert Lordeus. CHAIRMAN KAUFMAN: Okay. MR. LORDEUS: I'm here by myself because my wife mother passed away last night. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Do you want me to proceed, sir? CHAIRMAN KAUFMAN: Well, it's here. Proceed. MR. CATHEY: Jeff, do you want to proceed with the case based on his comment? MR. LETOURNEAU: The county wishes to withdraw this. CHAIRMAN KAUFMAN: Okay. November 17, 2023 Page 12 MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Okay. Okay, Helen. MS. BUCHILLON: Okay. Next case. MR. NOELL: And then as she's looking at that, since the county had asked to withdraw it, it would just be the Board approving the amendment to the agenda. CHAIRMAN KAUFMAN: Yeah, we'll do that. Can we get a motion from the Board to amend the agenda showing this case withdrawn? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. Can we get a second? BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Yep. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Okay. Next on the agenda, under old business, B, motion for imposition of fines and liens, No. 4, CESD20190009564, Syed M. Madni. 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. MADNI: I swear. MR. MIGAL: I do. November 17, 2023 Page 13 MS. MADNI: I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MS. MADNI: Yes. Good morning. My name is Robin Madni. CHAIRMAN KAUFMAN: Okay. And if you want to, Rick, read this into the record for us. MS. MADNI: Excuse me? MR. MIGAL: Oh, yeah, sorry. Sorry, sorry, sorry. It was in there, No. 4. MR. NOELL: And then, ma'am, you have permission to speak on behalf of -- is it Syed Madni? MS. MADNI: That's my husband, yes. MR. MIGAL: Okay. For the record, Rick Migal, Collier Code Enforcement. Past orders: On July 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5803, Page 1703, for more information. On February 25th, 2021, the Code Enforcement Board granted a continuance. On March 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 been abated as of September 11th, 2023. Fine and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from January 20th, 2021, to September 11th, 2023, or 965 days, for a total fine amount of $144,750. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing: $59.70. Total amount: November 17, 2023 Page 14 $144,809.70. CHAIRMAN KAUFMAN: Okay. Excuse me. Robin. MS. MADNI: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. MADNI: So I'm here today to ask for, hopefully, a total abatement of fines. I understand that this has taken an unusual amount of time. It's almost like that movie "A Series of Unfortunate Events." So if I take you back to the beginning, yes, I admit that I did do some changes to the interior structure of my barn after Hurricane Irma, as we were displaced. So during that time, a neighbor complained. We complied completely with Code Enforcement, allowed them into the property no problem, take your pictures, said we would abide by everything. Under advertisement of some of the personnel at Collier County Code Enforcement, we hired Herminio Ortega, who was supposed to be able to, for the $12,000 he took from us, walk us through all of this in a timely fashion and get us on track. Unfortunately, he strolled us along and along and along, took our money and walked. So this set us back months. After that happened, then we had -- excuse me. I'm a little flustered. Then we had another $8,400 to Herminio that he promised that, okay, I will come back in. I will pay for not only what I was going to do before, but I will pay for the new surveys. I will pay for this. I will pay for that. My husband, being a good-natured person as he is, took him at his word. He's a county official. We didn't think we had a problem. Again, he's in the wind. That cost us a lot of time. Now we have COVID. We have Ian come through. All of our supplies are backed up. We cannot find personnel to do the work. I came before you. I was told that if you wanted -- if I wanted an November 17, 2023 Page 15 extension of time, I had to fire Herminio. I have here for you a letter where the same day I wrote him, told him why I was terminating him. I am going to proceed with legal. That's separate. I need this taken care of first. So then I have an inspector come to my home. He's there on behalf of Collier County, Code Enforcement. Not one of your direct employees but subbed in. His name was John Jones. John Jones says, wow, you're in a real pickle here. My dad's a GC. He can help you out. He's great. I said, is he licensed and insured? Because I'm not getting taken. Yep, here's his card; here's his license number. He'll come out today. He comes out, he verifies with me that he is licensed and insured. I took him at his word. Why would you have a license on your business card, correct? You were also recommended to me from county. Mr. Jones, which I have a signed contract and all my canceled checks, took me for over $40,000. Two days he sent two workers to my home. Anything that was done had to be ripped out and redone because it was not up to code. When I confronted the first Mr. Jones that was sent by county from inspections, he said, don't worry if it's not up to code. I'm your inspector. I said, no. I am not playing these games. I want everything right. And I'm going to live in this home. I need to know it's safe. And I am not playing with Code Enforcement anymore. They're ready to take my head. So his father just walked off the job. Done. So now I'm about $84,000 in the hole without any work being done because what was done had to be removed. So we hire another contractor. This time I hired Claudine November 17, 2023 Page 16 Auclair. She looks at this, and she says, what a mess. We'll get through this. I've been paying Claudine to help me walk me through everything. I now became my own GC, hired in all my own subs, called to make sure every one of them were valid with their license. I continued to do that every single month that they were on the job. So we started to progress after you were so kind as to give me the extension of time. I now have my CO. I got it one month ahead of the time that I asked for. Everything is 100 percent valid. It's up to date. Unfortunately, throughout this whole diabolical situation, prices had risen so much due to COVID backups. No -- like, if you got windows, you couldn't get them. I had to have hurricane impact windows, egress windows. I couldn't get them for months. So they were there. But then that delayed me. That cost me time. That cost me more money. Everything that I had previously quoted from builders is now three times the price. My total price, which I have for you here, that I have already paid after taking out three loans to do this at a very high interest rate, has been $376,642.42. That excludes any of the shower, the tub, the sinks, the faucets, the plumbing that goes behind the wall, any of the lumber I supplied myself, all the hurricane strapping I supplied myself, any of the work that I did on my own accord to make sure that I didn't have to pay someone else to do. I am standing before you today literally begging you to abate these fines. This project has cost me so much time, money, and stress. I have a chronic illness that I cannot even pay for my treatments for, let alone pay these fines. And I am a proud person, and it breaks my heart to even admit to you that this is my situation, but this is the truth. And I'm just asking for you to please take into circumstance the advantage that was taken of me by two different people that I should have been able November 17, 2023 Page 17 to trust. They were here to work for me on behalf of county. CHAIRMAN KAUFMAN: Have you reported this to Contractors Licensing? MS. MADNI: Yes, I have, and I have also hired an attorney, but I've chosen to get through this process first because this is too much for me. I want this finished first. But I have already given everything to my attorney, Mr. Donnelly, that I will be going after these individuals separately. BOARD MEMBER AYASUN: May I ask a question? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER AYASUN: Jeff, the lady named two names that were related to the Code Enforcement. Are we prosecuting these people? Is there anything going with that? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Yeah, a couple things. Our investigators are trained not to give out individual companies, contractors, whatnot, you know, show preference to any contractors. I am going to look into the accusation of the Herminio part of it. And I'm not saying that somebody didn't tell you on the second part, but we've never had an Investigator John Jones working for Code Enforcement. I've been here 27 years. I just looked at the case. We've got an investigator that's got a similar name, but he's never been associated with this case. So we've never had a John Jones working in Code Enforcement. MS. MADNI: No disrespect to you whatsoever. He's not a direct employee. He was subbed in from another company, but he came to my home on your behalf. So he was hired by your entity to come do my inspection. I have here -- MR. LETOURNEAU: I'm just saying that even our subs, we've never had a John Jones sub. November 17, 2023 Page 18 MS. MADNI: I have his business card in my file, and I have -- MR. LETOURNEAU: Can I see it, please? MS. MADNI: And I have here my whole complaint status where it shows that John Jones did, in fact, come to my home. MR. LETOURNEAU: Can I see that business card? MS. MADNI: Yes, sir. MR. LETOURNEAU: The business card. CHAIRMAN KAUFMAN: The first name that you mentioned was a member of this board -- MS. MADNI: Yes, sir -- CHAIRMAN KAUFMAN: -- at one time. MS. MADNI: -- he was, and that's why, when he was recommended to me, I thought, okay, he knows everything about this. He runs his own business, Crown Development. He should be able to walk me through this. I have my contract and my cashed checks with him as well. And if you can look through -- back here again, if you look through all of the status of my code case here, it shows multiple times where Bradley Holmes had reached out to him -- or Paula Guy had reached out to him, and he's not responding. There were day after day where my husband and I would just go to his office and sit in his parking lot for half a day. One of the times I was on the phone with Paula Guy for at least an hour and a half just waiting for the man to please show up at work. MR. LETOURNEAU: What investigator recommended Herminio to you? MS. MADNI: It wasn't an investigator that did that. It was someone when you walk in the desk at the county, and they give you a list, and they say, we're not allowed to give you a specific name of someone. Here's a list of people we refer, but there's a checkmark that is beside the one that we highly recommend. November 17, 2023 Page 19 MR. LETOURNEAU: Okay. Do you have the business card of this Mr. Jones? CHAIRMAN KAUFMAN: Kevin, do we need to acknowledge that on the record, that Jeff's going to look at that card? MR. NOELL: If she wants to -- ma'am, do you want to make that part of the record in this case? If you do want to make that part of the record, then we would submit it to the Board, and you wouldn't get the card back. It would be part of the records of this board. MS. MADNI: No. I need my card. No, because I need that for my attorney and for my -- MR. LETOURNEAU: Okay. I could look at that after we're done here, okay. CHAIRMAN KAUFMAN: Okay. No problem. MR. NOELL: You can also just verbally say the information or the name that you were going to say as well. MR. LETOURNEAU: But I'm on the record -- I'm on the record saying that there -- we haven't had a Mr. John Jones working for Code Enforcement since I've been here, 27 years, so, you know -- CHAIRMAN KAUFMAN: Nor -- me either, and I've been here a long time, too. BOARD MEMBER ELROD: I'd like to make a motion to deny the county the imposition of fines except for the 59.70. BOARD MEMBER AYASUN: I second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? November 17, 2023 Page 20 BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. So the fines are, in essence, abated except for the $59.70, so... MS. BUCHILLON: To be paid -- CHAIRMAN KAUFMAN: You've been through a terrible situation, and I hope other people can learn from this. MS. MADNI: I've learned a lot. CHAIRMAN KAUFMAN: We'll hire you the next time I want to do some construction at my house. MS. MADNI: I know all the ins and outs now. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: The operational costs, 30 days? BOARD MEMBER ELROD: Yes. CHAIRMAN KAUFMAN: Yes. Okay. MS. MADNI: Thank you. It's appreciated. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, we're still under imposition of fines, No. 5, CESD20210010293, Jose Garcia and Limbania Verdecia. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. PUPO: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MS. VERDECIA: I do. CHAIRMAN KAUFMAN: Okay. So we have an interpreter and a respondent. Could you both say your name on the microphone November 17, 2023 Page 21 for us. MS. VERDECIA: Limbania Verdecia. CHAIRMAN KAUFMAN: And? MS. PUPO: My name is -- sorry. My name is Irianny Pupo. And I just want to clarify. I'm not only the interpreter, but I've been dealing with this case. She's my mother, and I've been in front of this case for the -- since it started. So, basically, I've been the one dealing with it all and trying to get everything corrected. CHAIRMAN KAUFMAN: Okay. Ryan, do you want to read this into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. Past orders: On April 28th, 2022, Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6161, Page 3454, for more information. Violation has not been abated as of November 17th, 2023. Part one of this order was abated May 27th, 2023. Part 2 is what remains, and the fines have accrued at -- $200 per day, from July 28th, 2022, to November 17th, 2023, 478 days. Total fine amount: $95,600. Fines continue to accrue. Previous assessed operational costs, $59.28, were just paid this morning. Operational costs for today's hearing is $59.42. That total fine amount should now reflect $95,659.42. CHAIRMAN KAUFMAN: Okay. Can you just give me a little breakdown what Part 1 and Part 2 were on this order? Is Part 1 a fence and Part 2 something else? MR. CATHEY: Bear with me one second, sir. CHAIRMAN KAUFMAN: Sure. MR. CATHEY: If you want to let the respondent talk for a November 17, 2023 Page 22 minute while I get this pulled up. CHAIRMAN KAUFMAN: Sure. Just so I can summarize. It appears that there was a screened lanai that was turned into living space; is that correct? MS. PUPO: Correct; partially, yes. CHAIRMAN KAUFMAN: So why don't you give us a rundown on where we are right -- MS. PUPO: All right. So, basically, we've been doing everything we needed to do to put everything up to code, and get everything where you guys want it to be. Unfortunately, we hired -- the person that we hired to -- the architect, which just recently I found out he's not the architect. He's doing business, I guess, under somebody else -- somebody else's license or something like that. But this guy disappeared on us. We were doing good. With the time that you guys gave us, we were doing good. We were getting everything rolling. We were getting all the inspections done, and then we hit a wall. This guy -- we needed to -- he made a mistake on the plans that he submitted to you guys, and he put that the windows were impact windows, and they're not. They're shutters. They're regular windows with shutters on the outside, so that needed to be corrected. The inspector that came out to do that inspection explained to us that we needed to -- that this person that did this needed to submit a correction over to the county and a letter explaining, you know, the whole -- the mistake, I guess. I'm not familiar with how everything needs to be worded, but that's what he explained to me. So then I contacted this person, and I couldn't get ahold of him. I called him from different numbers and finally got him to answer one of the calls. I explained to him what needed to be done, and he said, okay, I'll go and do what I need to do, and then I'll let you know when it's done. November 17, 2023 Page 23 And I said, okay. I took his word for it. Fine. I waited days, weeks. Called him again. Didn't answer. Called him from different numbers; didn't answer. Texted him; didn't answer. Showed up at his office, and I would go inside. Other people that were in his office would say, he's not here. We don't know when he's coming in. He doesn't have a regular time to come in. Okay. So I would just sit there in his office waiting for him to show up. Never would show up. Then there were days where the office was closed, and we were sitting outside his office in the car for hours and hours waiting for somebody to show up. Nothing. Finally, this guy closed his office. We went in one day to see if we could find him. Office is emptied out, completed emptied out. My mom, during all this time, was in Cuba. She wasn't even here, so she didn't even know anything -- well, she knew what was going on, but she wasn't participating in anything because she wasn't here. So her and her husband -- he gave me a power of attorney for me to help out with everything because he was driving back and forth to Texas, so he wasn't continuingly here. She just got back this year, so I'm filling her in and everything, trying to -- you know, between the two of us, trying to get this guy, trying to get this corrected so that we could move on, because everything stopped. We couldn't do any more inspections. We couldn't do anything else because everything just completely stopped because of this guy. So I went to the county. I said, I can't find him. I don't know what else to do. He moved his office. I don't know if he closed it. I don't know if he moved to China; I don't know. I can't find this guy. So the county said -- I said, can I do it? Can we do it November 17, 2023 Page 24 ourselves? Can we do the corrections ourself? Because whatever you tell me to do, I'll do it. They said, you can't. The first person that we met with said you can't. You have to have a licensed person do it. This person walked away with our money, so we're here trying to figure out how we're going to do this. So then I said, can we talk to somebody else at the county, someone from permitting? And they said, try and see what they say. Sure enough, we talked to someone else. This just happened a few weeks ago. And they said, yes, you can do it yourself because this is simple. And I said, gosh, I wish I would have known this before. And the only reason I went to find out is because somebody else suggested why don't you go to the county and see what they tell you. All along, I'm here thinking it has to be with this guy because I was told it had to be with this guy. So finally this person at the county from permitting said, here's what you need to do. Very nice. Gave me all the information, like, the papers that I needed to fill out, told me what he needed me to get as far as, like, numbers and codes from the windows and the shutters for them to move along, and I did. I submitted it to them. They have it. They're in the process of -- I don't know if it's a review or revision. I don't know what it's called. But they're in the process of that. They have all the papers. And that's what we're waiting on. This -- this put a -- this is a brick wall that we hit, and it pushed us back so much because we've been running around trying to find this guy to get this thing going, and we were doing so good, and then we were stuck. CHAIRMAN KAUFMAN: Is this person licensed? MS. PUPO: I didn't know. He told me he was, and he gave me information that he was. Like, he gave me his email address and November 17, 2023 Page 25 he gave me his name and he said yes, but just recently I found out he's not the one who's licensed. He's working under somebody else's license. And the reason I found out is because when I went to the county, one of -- the permitting person in the county said, the person who signed the plans, the architect, is not the same name you're giving me. And I said, what do you mean? And that's when I found out this guy's not the real architect. CHAIRMAN KAUFMAN: Okay. Ryan, has this been given to Contractors Licensing? MR. CATHEY: Not that I'm aware of. CHAIRMAN KAUFMAN: Have you -- has anybody told you to go to Contractors Licensing with this person, what performance he provided or didn't provide? MS. PUPO: I'm sorry? CHAIRMAN KAUFMAN: Contractors Licensing, they look after people who are licensed, and they have a lot of power to -- what's a good word? -- motivate people to get the job done, or if they're not licensed and they are working as a licensed person, that could be a serious offense. So now what we have here is, is this is, like, over a year and a half old, and it's still not into compliance. Do you any idea, Ryan, when this might -- are we just waiting on the numbers provided by the respondent to get this thing okayed? MR. CATHEY: So, again, back to your first question real quick from the original order, so that first part was to cease occupancy of this unpermitted structure, which they were given until May 28th of 2022. They had it done May 27th, so that part's been done. No occupancy. They disconnected the fusebox and all. That was the Part 1. The remaining part is what they're doing right now, is going through this permitting process. November 17, 2023 Page 26 So there were new updated revision documents that were just submitted the beginning of this month; that still has to be reviewed by the building department. We're coming up on the holidays and everything, so that may take some additional time to process and get through that. My suggestion would be for the respondents to follow up with Client Services if they're hitting any sort of bumps in the road to make sure they're on the right tracks with the permit and that everything's moving the way it's supposed to be. CHAIRMAN KAUFMAN: Okay. What we have here -- since it's not into compliance, we can do two things: We can impose this fine, or we can grant a continuance, in other words, 30, 60, whatever days it is, until it's resolved. And at that time, we can impose, reduce, or abate the fine at the time. So that's where we are now. Any comments, Jeff? MR. LETOURNEAU: No, sir. CHAIRMAN KAUFMAN: Okay. Kevin? MR. NOELL: No, sir. CHAIRMAN KAUFMAN: My explanation okay? MR. LETOURNEAU: Other than we'll direct her to whatever entities she might be able to use to go after that architect. CHAIRMAN KAUFMAN: Okay. Has this gone through Renald Paul? MR. LETOURNEAU: I'm not sure. Ryan, does it indicate that it has? MR. CATHEY: I'd have to look back through the case with the previous investigators. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: They may not be aware of Contractors Licensing Board. MR. LETOURNEAU: Yeah. I'm getting an IM here saying November 17, 2023 Page 27 that it might not be Contractor Licensing that can do anything, but it might be a Sheriff's Office issue or a state issue. CHAIRMAN KAUFMAN: I believe it's -- Kevin, correct me -- it's a felony to do that. MR. NOELL: Depending on, yes, certain circumstances, but that would be the mechanism, to report it to the Contractor Licensing Department. MR. LETOURNEAU: We'll try to get her in the right direct as far as that goes, so... CHAIRMAN KAUFMAN: Okay. MS. PUPO: If I may? CHAIRMAN KAUFMAN: Sure. MS. PUPO: I'm sorry. Yeah, and that's what I was going to ask. You mentioned something, Ryan, about Client Services; is that what you said? MR. CATHEY: Yes. MS. PUPO: Yeah. I'm not the familiar with that. This is the first time we're -- you know, we're doing any of this, so I'm not familiar with, like, who I can go to. I did want to file a complaint about this person. So, yeah, I would appreciate any help that I can get from you guys to do so, because I -- this pushed me back a lot. MR. LETOURNEAU: We'll let Ryan know what direction you need to go in, and he'll be giving you a call, okay? MS. PUPO: All right. CHAIRMAN KAUFMAN: Okay. Lee, you have a question? BOARD MEMBER RUBENSTEIN: Yeah. Is anybody living in this space right now? MS. PUPO: No, it's -- no, it's not occupied. BOARD MEMBER RUBENSTEIN: Okay. And, Ryan, you were out there; you looked at it? MR. CATHEY: I was not. November 17, 2023 Page 28 BOARD MEMBER RUBENSTEIN: You were not. MR. CATHEY: I inherited this case recently from a previous investigator. There was a previous investigator that conducted an inspection on April 27th or, excuse me, May 27th to confirm there's no occupancy. BOARD MEMBER AYASUN: Lee, they are under oath, and they said nobody's in there, so I take that as a positive. MS. PUPO: Ryan -- I'm sorry. Not Ryan. Bradley Holmes, he's the original inspector that went out, and he confirmed. He -- I've been in contact with him throughout this whole time. He knows that -- that we hit this wall. He has been very helpful with us and has been kind of instructing me a little bit with, you know, where we're moving and stuff, and he has been going to the house. He has seen it. These spaces are empty. There's nobody there. I mean, these are walls, like empty walls, just -- there's no way anybody could be there. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion that we grant a continuance to our next meeting, which isn't until January, okay. And if at that time things are done, we can act in one fashion. If it's not done, we'll tackle that problem at that time. MS. PUPO: If I may; I'm sorry. I appreciate that, and definitely that will be very helpful. The only thing I would ask for you guys to please take into consideration that we're hitting holidays now, and everything just kind of falls back a little bit when it's holidays. People just go on vacation. Like, anybody that's going to work is not going to want to work. They want just to be home. So if we could -- maybe a little bit -- maybe, like, February, if you guys don't mind, just to give me that space of the holidays so that I don't hit a wall again. CHAIRMAN KAUFMAN: I'm reluctant to do that because this thing has been going on for a year and a half. So I think that's November 17, 2023 Page 29 plenty of time. If what you're saying to me is true, that you submitted the numbers and there's a modification of the original case that's before the county -- and the holidays are -- I realize people take vacations, but the holidays are three days: Thanksgiving, Christmas, and New Year's. The rest of the days people are supposed to work. BOARD MEMBER RUBENSTEIN: I'll second your motion. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. Okay. So you have until next year. The end of January is when we meet. The exact date, Helen? MS. BUCHILLON: January 25th, 2024. CHAIRMAN KAUFMAN: Okay. So that's the date that will be on the order, Kevin, okay? And he'll talk to you outside. MS. PUPO: I appreciate it. I appreciate you guys. Thank you so much. Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BATLA: I have a comment. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: It's outside this. Is there anything in the county procedures we can recommend that this November 17, 2023 Page 30 occurrence of the contractor selection, it does not occur too often that the whole lot of comment get involved? In other words, the approval of the contractor before anybody can start any work. CHAIRMAN KAUFMAN: Let me give you my two cents worth. BOARD MEMBER BHATLA: Please. CHAIRMAN KAUFMAN: Kevin will probably -- he'll agree with me. It's up to the individual to pick their contractor to do something. BOARD MEMBER BATLA: True. CHAIRMAN KAUFMAN: If they falsify things saying that they are licensed and they're not licensed, that could be a felony. That goes to the Sheriff, if I'm not correct. MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: So there are those rules that are out there. If somebody picks a contractor and that person runs away or dies, we have no control over that. We're only considering the stuff that's before us. BOARD MEMBER BATLA: True. CHAIRMAN KAUFMAN: Kevin? MR. NOELL: Yeah. And, also, the Board of County Commissioners sets the parameters of this board's jurisdiction, so to speak. I would also just state that, from a liability perspective, this board would not want to be in the business of verifying contracts and whether contractors are licensed or not or taking on any of that legal risk from a -- from a check and balance perspective; that that would definitely be -- BOARD MEMBER BATLA: I understand that point. MR. NOELL: Yes, sir. BOARD MEMBER BATLA: I think the issue is not for the November 17, 2023 Page 31 Board but for the county to take this under advisement to do something so that we don't have these kind of cases. I mean, this is -- clearly is a rip-off every time, you know. MR. NOELL: And part of -- in a previous responsibility I advised the Contractor Licensing Board as a noncounty employee, and then as a county employee I worked closely with the Collier County contractor investigators -- Contractor Licensing Department investigators, and so there are mechanisms in place where, you know, those kind of issues are fully investigated and prosecuted and things. But to get in between the homeowner and the subcontractor or a contractor, for the county to insert themselves in between the two in that dynamic would be disastrous for the county to do. BOARD MEMBER BHATLA: Understood. CHAIRMAN KAUFMAN: That's why God made lawyers. BOARD MEMBER BATLA: Yeah. I was only interested in the preventative; anything county can do in terms of advising to prevent these kinds of things. That's all. MR. NOELL: And I know that there are public information campaigns that -- BOARD MEMBER BATLA: Yeah. MR. NOELL: -- to your point, sir, and I think it's well said. There are public information campaigns that the Code Enforcement and, I believe, Contractor License Department does for the public to keep them aware. BOARD MEMBER BATLA: Wonderful. MR. LETOURNEAU: And the problem is, by the time the county gets involved and sees any kind of submissions, plans, or whatever, money's already been exchanged. That's the time it usually gets caught right there. So as many unscrupulous contractors as there are, there's more people that don't do their due diligence in hiring these people. That's the problem. November 17, 2023 Page 32 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BATLA: Thanks, Bob. CHAIRMAN KAUFMAN: Which moves us on to the next case. Hi, Helen. MS. BUCHILLON: Hi. CHAIRMAN KAUFMAN: The boss. Okay, boss. BOARD MEMBER BATLA: Sorry for holding you up. CHAIRMAN KAUFMAN: No, that's okay. MS. BUCHILLON: What did you ask? CHAIRMAN KAUFMAN: What are we going to do next? MS. BUCHILLON: Oh, I'm sorry. Next case, we're still under imposition of fines, No. 6, CESD20210012586, William N. Kogok, Jr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. KOGOK: I do. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us? MR. MARINOS: Yes, sir, I will. All right. For the record, Investigator Charles Marinos, Collier County Code Enforcement. 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 on correct the violation. See the attached order of the Board, OR6181, Page 452, for more information. On June 22nd, 2023, the Code Enforcement Board issued a finding of fact -- sorry. On June 22nd, 2023, the Code Enforcement November 17, 2023 Page 33 Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has not been abated as of November 17th, 2023. Fines have accrued at a rate of $250 per day for the period from April 23rd, 2023, to November 17th, 2023, 209 days, for a total fine amount of $52,250. Fines continue to accrue. Previously assessed operational costs of $59.28 and $59.28 have been paid, operational costs for today's hearing is $59.56, for a total amount of $52,309.56. CHAIRMAN KAUFMAN: Okay. Sir, could you put your name on the mic for us, please. MR. KOGOK: William Kogok, Jr. CHAIRMAN KAUFMAN: Okay. MR. KOGOK: Well, I have gotten the wheels in motion. I've had Randy Johns of Phoenix Associates and Claudine Auclair on the job. They -- we had a meeting -- I had a meeting with Randy and an architect, I believe, on the property then again at his office with Claudine present both times. In August, they submitted the plans and surveys for the garage. In late September, I believe the 26th, that was rejected. The survey was rejected for the use of the word "casita" to -- on the survey to describe the garage and the pump house. There were also -- also the incorrect survey was submitted, not having the elevations on it as well, which I did have a copy of at the time, and it was missing the digital signature. So I contacted the company who did the survey, and they were going to force me to have a new survey done to get those just to get the word "casita" removed and to have the digital signature put on. So I fought with them for about a week and finally went in through a backdoor email and got someone else to go ahead and do it for me at November 17, 2023 Page 34 no charge. On October 4th, I submitted the corrected survey with the digital signature to Phoenix Associates, and that brings us up to date now. CHAIRMAN KAUFMAN: You're still not in compliance? MR. KOGOK: No. CHAIRMAN KAUFMAN: And any comments from the county? MR. MARINOS: No. Everything he stated is correct. Correction letter is basically covered by the comments he made. Maybe some more technical details, but that's essentially where we are currently. MR. LETOURNEAU: I have a question for you, Chuck, though. This only involves one structure? MR. MARINOS: It's two structures; a garage and a pump house. MR. LETOURNEAU: Okay. And the pump house is being handled how? MR. KOGOK: So he's working for the garage first. MR. LETOURNEAU: Okay. MR. KOGOK: And then he's going to do the pump house. MR. LETOURNEAU: All right. MR. KOGOK: There's an issue with the garage being now under the elevation of the roadway by a foot, so I'm supposed to have to install flood vents at the base of the garage which is going to create a problem because my neighbor next door raised the elevation of his property by two feet without installing any kind of water mitigation. So every time we have a big storm, it already floods my garage, and now we're going to have even more water coming in because he put an impervious driveway about 10 feet wide on top of that two-foot raised property of his. So I get all of his runoff, and I haven't -- you know, I've complained about it but gotten no relief on that. November 17, 2023 Page 35 CHAIRMAN KAUFMAN: So this started two years ago? MR. KOGOK: I purchased the house with all of this there, and it had been there for about -- according -- I had checked the county records prior to purchasing it, and it was on the tax records. So the county knew about it for 10 years and did nothing about it, and the person who sold me the house, who was herself a realtor, failed to disclose that these buildings were never permitted. CHAIRMAN KAUFMAN: So the buildings themselves were there on September 22nd, 2022? MR. KOGOK: Even before, correct. CHAIRMAN KAUFMAN: They were there? MR. KOGOK: Correct. CHAIRMAN KAUFMAN: They were on the pictures, the eye in the sky, if you will? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: So they all showed? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: And what brought this to light was the purchase? MR. MARINOS: No. It was a complaint from the neighbor. CHAIRMAN KAUFMAN: Ah. I figured we'd drill down to the problem sooner or later. MR. KOGOK: Oh, yeah. The problem is the neighbor next door who's, in my opinion, a hoarder, and causes many problems. CHAIRMAN KAUFMAN: Okay. MR. KOGOK: For 15, 17 years now, he's had a nuisance house on that property. And the last owner and him had some kind of agreement of not turning each other in. And when the house was sold to me, the seller failed to notify me of that. BOARD MEMBER RUBENSTEIN: Was the previous owner cited? November 17, 2023 Page 36 MR. KOGOK: I don't believe he was ever cited for it. MR. MARINOS: No. This case began while he was the owner of the property. MR. KOGOK: I inherited all the trouble. CHAIRMAN KAUFMAN: When did you purchase the property? When did you purchase the property? MR. KOGOK: In March of '21. CHAIRMAN KAUFMAN: Okay. Well, we're back to the same concern; it's not into compliance. Do you have any idea when that will happen? MR. KOGOK: No, I don't. Honestly, I don't know how long. I thought it would be done by now, to tell you the truth. CHAIRMAN KAUFMAN: So our concern is, if you don't know when it's going to be done, for us to grant a continuance, if you will, rather than impose the fine, we'd have to get some indication from you or from the county on how long -- I mean, if you tell me this isn't going to be in compliance for five years, that's one thing. If you're telling me it will probably be in compliance in a month, we have no way of knowing. You are probably in the best position to know that. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: What's it going to take to come into compliance? What has to be done? I remember this case when it came up, and somehow one foot stuck in my mind; that your property was off one foot, either the pump house -- MR. KOGOK: The pump house, you're correct. BOARD MEMBER RUBENSTEIN: And there was a fence put in? MR. KOGOK: Well, I'm fortunate enough to have Randy Johns of Phoenix Associates taking care of this, because he knows a November 17, 2023 Page 37 lot of things that other contractors that I've spoken with don't know. He has a plan to bring that pump house into compliance, even being that close, by altering it. My suggestion was just to take the whole wall back, but he's got -- but it's full of electronics. The pump house has four pumps, a reverse osmosis system, a lot of other electrical boxes, and -- CHAIRMAN KAUFMAN: Has he given you an indication on when he thinks this can be resolved? MR. KOGOK: No, he hasn't. BOARD MEMBER RUBENSTEIN: Jeff, can a variance be put on this? I don't know how you move a pump house with all that -- MR. LETOURNEAU: I'm gathering from his testimony that Mr. Johns has a plan for this thing, correct? MR. KOGOK: Correct. MR. LETOURNEAU: And I would say that Mr. Johns is a very good contractor -- MR. KOGOK: I agree. MR. LETOURNEAU: -- in my experience, and knows probably more than anybody in this room as far as that goes. MR. KOGOK: The biggest -- the biggest time constraint that we had was this survey. CHAIRMAN KAUFMAN: The elevation. MR. KOGOK: Because of the -- well, we had the -- I had the elevations done, and I had just shown Mr. Johns. I texted him the survey, but it wasn't the correct one, because I had to have them come back and do the elevations that I had prepaid for. They had forgotten to do that. The company that did the survey was subpar. And -- but the pump house was one foot, and he believes that -- I don't want to speak for him. He believes that we can work within the code -- November 17, 2023 Page 38 CHAIRMAN KAUFMAN: Okay. Without getting into the gory details -- MR. LETOURNEAU: Just getting back to Lee's question, though, if a variance was required, that would take a long time, over a year. MR. KOGOK: That's what I was told, and a lot of money, and it might not even be approved. CHAIRMAN KAUFMAN: Right. So my question to you is, you're before us to ask for something. MR. KOGOK: Could I ask for six more months? CHAIRMAN KAUFMAN: I mean, we have an order here to impose the fine, and I'm trying to -- BOARD MEMBER AYASUN: Six months. CHAIRMAN KAUFMAN: -- bend over backwards to see if we can resolve things. So we've got to get some indication from you. I mean, a year seems a little bit out of the -- I mean, this has been going on for two years. You can build a high-rise -- MR. KOGOK: Well, it's been going on for 10 years with the county knowing about it. BOARD MEMBER AYASUN: I think he asked for six months. MR. KOGOK: Could I have six months, please, for two buildings. CHAIRMAN KAUFMAN: Okay. Any comments from the -- go ahead. BOARD MEMBER RUBENSTEIN: I agree you need some time, but you also have an avenue to get the money that you're out back by filing a charge on the realtor who didn't disclose through DBPR, and they keep a fund up in Tallahassee for realtors that don't tell the truth and don't disclose. And if your case is brought before them, that all this problem that you have and all the money that November 17, 2023 Page 39 you've laid out is found that they agree, you might have an avenue for reimbursement. MR. KOGOK: Can I ask what DBPR is? BOARD MEMBER RUBENSTEIN: Yeah, Division [sic] of Business and Professional Regulations. Even though the realtor didn't disclose, it was obvious that there was something going on that they didn't disclose. So you need to get ahold of an attorney that deals with real estate and disclosure. MR. KOGOK: Well, that will just help me get the money back, but it doesn't help us -- BOARD MEMBER RUBENSTEIN: They keep a -- they keep a fund for realtors that lie, plain and simple. MR. KOGOK: Amazing. BOARD MEMBER RUBENSTEIN: And they collect money from fines, and it goes into this fund for cases like yours. You bought a property unknowing that there was a problem, the seller knew there was a problem, the seller's realtor knew there was a problem, and they didn't disclose. CHAIRMAN KAUFMAN: Well, we don't know. That's something that -- BOARD MEMBER RUBENSTEIN: I'm saying he's got an avenue to look into. BOARD MEMBER ELROD: I'd like to make a motion -- CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: -- that we give him six months. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion to -- BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: -- grant a continuance of six months; is that correct? BOARD MEMBER ELROD: Yes. November 17, 2023 Page 40 BOARD MEMBER RUBENSTEIN: And the fine -- everything continues, right? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: Correct. BOARD MEMBER RUBENSTEIN: All right. I'll second. BOARD MEMBER BHATLA: What would that accomplish? MR. NOELL: Did you also want operational costs paid within 30 days? BOARD MEMBER ELROD: Yes, sir. CHAIRMAN KAUFMAN: Operational costs of 59.56 paid within 30 days. Do you have a question? BOARD MEMBER BATLA: I was interested in -- is that acceptable to you, in six months you -- CHAIRMAN KAUFMAN: It doesn't matter. It doesn't matter whether it's acceptable or not. BOARD MEMBER BATLA: Okay. MR. KOGOK: Thanks for asking. CHAIRMAN KAUFMAN: That's like -- I give you my analogy later on. Okay. We have a motion -- BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: -- and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 17, 2023 Page 41 So six months. And I would highly suggest that if this is not done in six months that you come back here with somebody holding your hand who knows all the answers to the questions that we've been asking; your contractor, et cetera. MR. KOGOK: Yeah. I mean, I'm really lucky to have this gentleman working for me. He normally does big, huge projects, and I believe he was also involved somehow in the board or something previously, or with the county. And so he really knows his stuff. It's just a matter of getting it all done and going through the red tape as well. CHAIRMAN KAUFMAN: Okay. MR. KOGOK: But thank you very much. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case. CHAIRMAN KAUFMAN: Yes, Helen. MS. BUCHILLON: Number 7, CESD20220006947, Caridad Molina Estate. CHAIRMAN KAUFMAN: Okay. We're still in the impositions? MS. BUCHILLON: Yes, sir. MR. MOLINA: Good morning. CHAIRMAN KAUFMAN: Okay. Could you give us your name on the microphone. MR. MOLINA: Yeah, it's Carlos Molina. Caridad Molina's son. CHAIRMAN KAUFMAN: And you have his permission to -- MR. MOLINA: She's dead. She's passed away. CHAIRMAN KAUFMAN: Okay. And we -- MR. NOELL: And, sir, are you authorized to speak on behalf of the estate? November 17, 2023 Page 42 MR. MOLINA: It's mine. MR. NOELL: Okay. Thank you. CHAIRMAN KAUFMAN: So the answer to that question is yes. MR. MOLINA: Yes. I'm sorry. CHAIRMAN KAUFMAN: Ryan? 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. MOLINA: I do. MR. CATHEY: I do: CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, Ryan? MR. CATHEY: For the record, Ryan Cathey, Collier County Code Enforcement. Past orders: On March 23rd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6233, Page 460, for more information. Violation has not been abated as of November 17th, 2023. Fines have accrued at a rate of $150 per day for the period, June 22nd, 2023, to November 17th, 2023, 149 days. Total fine amount: 22,350. Fines continue to accrue. Previous assessed operational costs of $59.20 were paid. MS. BUCHILLON: Twenty-eight cents. CHAIRMAN KAUFMAN: Twenty-eight cents. MR. CATHEY: -- 28 cents, excuse me, were paid. Operational costs for today's hearing: $59.42. Total amount: $22,468.70 less the operational costs that were just paid. MS. BUCHILLON: 409.22. November 17, 2023 Page 43 CHAIRMAN KAUFMAN: Okay. That's arithmetic. Okay. This was a condominium. Interior renovations were done without a permit: Drywall, electrical, et cetera. So, sir. MR. MOLINA: No, no drywall. Just sinks, the cabinets, floor. CHAIRMAN KAUFMAN: It was a renovation? MR. MOLINA: Yeah, yeah, renovation. Okay, I'm sorry. CHAIRMAN KAUFMAN: No. It just happens to say drywall in here. It doesn't matter. MR. MOLINA: Okay, okay. CHAIRMAN KAUFMAN: Okay. This is in a condominium? MR. MOLINA: Yes. CHAIRMAN KAUFMAN: Because it's in a condominium, you need a licensed contractor to do it. You can't do owner/builder. MR. MOLINA: I didn't know any of that, and I just went ahead and did it, and -- yeah, yeah. MR. CATHEY: If I may, real quick? CHAIRMAN KAUFMAN: Yeah. MR. CATHEY: Just to let the Board know, there was an A/C permit that was pulled and finaled in August of 2023 and also an electrical permit for a panel that was pulled and finaled in August of 2023, and the only thing remaining that still needs to be addressed is there's some minor interior renovations that were done. So that's the remaining issue. CHAIRMAN KAUFMAN: Okay. And you're -- are you aware of what minor revisions need to be done? MR. MOLINA: Yeah, he was explaining to me that I need pictures and stuff like that to -- and the building -- a building contractor. MR. CATHEY: My suggestion -- we previously met with Renald Paul and went over what remains. My suggestion previously November 17, 2023 Page 44 after that was to obtain additional photos of what was done on the inside of the condo, which primarily was the kitchen cabinetry, some minor plumbing stuff, from what I understand. My suggestion was to meet with Renald Paul or Client Services to confirm any additional permit requirements and that he's going to -- because it's a condo, he still would have to get a contractor, so... CHAIRMAN KAUFMAN: Okay. And did you meet with Renald Paul or -- MR. MOLINA: Yes. Well, I did. He -- he asked [sic] me what I needed, but I wanted to come here today to make sure what I need. So he explained it to me now, and I'm going to go back to him hopefully today, or call. CHAIRMAN KAUFMAN: Do you have any idea how long this is going to take to resolve what issues are still open? MR. MOLINA: You guys are the experts. Give me -- give me your expert -- CHAIRMAN KAUFMAN: Oh, we're not the experts on that. I mean, you obviously have to hire some licensed contractor -- MR. MOLINA: Right. CHAIRMAN KAUFMAN: -- to clean up whatever's left over, whatever -- when do you meet with Renald Paul? MR. MOLINA: I'm going to try to do it today. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: We previously met last week with this additional information. My suggestion was to set up a follow-up appointment. MR. MOLINA: Yeah, and I want to clear something out here. Chuck Marinos, when he come to the 23rd that he just said, March 23rd -- 22nd, he told me that this has passed inspection. He walked around with me, and my building -- he already said to me that this is not to come up because it's passed and -- but Chuck Marinos November 17, 2023 Page 45 did tell me that, you know, everything has passed, and that's why I didn't follow up on any of this, until this 8th -- until the 2nd of this month I seen a letter hanging that I needed -- you know, that this problem was here, so... MR. CATHEY: I can't speak to what occurred in the past. The only thing I can speak to is that we -- we're not rehearing the case, obviously. But we had a signed stipulation from this gentleman back in March. MR. MOLINA: Well, then, another thing. Bradley says to me, don't -- on the 8th, he says to me, don't come to this meeting today. Call Ryan, and he'll let you know if you could come to the meeting or not. I wasn't going to be here. If he didn't call me on the 8th -- that we spoke on the 8th -- I wouldn't have been here. Again, so this would have gone on and on, so I just want to clarify that, really. CHAIRMAN KAUFMAN: Okay. You signed a stipulation -- MR. MOLINA: I did. CHAIRMAN KAUFMAN: -- that said that you would take care of all of this and that the -- MR. MOLINA: But Dan [sic] Marino told me that I passed everything. He walked with me all around the -- you know, inside the condo there. He checked the water heater. He checked all the pipes. He checked electrical boxes. He checked everything. He says to me -- CHAIRMAN KAUFMAN: And then he signed the letter saying that he checked all of these things? MR. MOLINA: I signed it -- I signed the letter. CHAIRMAN KAUFMAN: No, you signed the stipulation. But you said he checked all of these things, and he said everything is okay. MR. MOLINA: Yeah, yeah, he said. November 17, 2023 Page 46 CHAIRMAN KAUFMAN: Did he give that to you in writing? MR. MOLINA: No, he did not. CHAIRMAN KAUFMAN: Okay. Then it's not worth the paper it's not written on, if you get my drift. MR. MOLINA: Okay. CHAIRMAN KAUFMAN: Okay. So my question is: You're going to meet with Renald Paul? MR. MOLINA: Okay. CHAIRMAN KAUFMAN: And they're going to say you need to do this, this, and this. MR. MOLINA: Okay. CHAIRMAN KAUFMAN: And then you're going to hire somebody to do this, this, and this. MR. MOLINA: Okay. CHAIRMAN KAUFMAN: And it will all be done, signed, permit approved, get a CO on the change, and then instead of saying "has not been abated," the order would say it "has been abated." And at that time it will come before us, and we can either impose the fine, abate the fine, or modify the fine, okay? Is that clear? MR. MOLINA: Very. To me it is. MR. CATHEY: County has no objection to a reasonable continuance for the Board. CHAIRMAN KAUFMAN: Okay. So anybody want to make a motion as far as how much time? BOARD MEMBER ELROD: I'll make a motion for three months. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. MR. MOLINA: Thank you. CHAIRMAN KAUFMAN: We have a motion -- MR. MOLINA: Thank you. November 17, 2023 Page 47 CHAIRMAN KAUFMAN: -- and a second -- MR. MOLINA: Thank you. CHAIRMAN KAUFMAN: -- to grant a continuance of three months. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER ELROD: The 59.42 within 30 days. MR. MOLINA: Thank you. MS. BUCHILLON: And fines continue to accrue? CHAIRMAN KAUFMAN: Yes. MR. MOLINA: Thank you, guys. CHAIRMAN KAUFMAN: Okay. MR. MOLINA: We're good? CHAIRMAN KAUFMAN: We're good. MS. BUCHILLON: We're still under imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 2, CESD20220007421, Joel Budd and Kathleen Budd Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. BUDD: I do. MR. PACKARD: I do. CHAIRMAN KAUFMAN: Okay. Do you want to read this November 17, 2023 Page 48 into -- sir, could you give us your name on the microphone first. MR. BUDD: Joel Budd. CHAIRMAN KAUFMAN: Okay. And could you read this into the record for us? MR. PACKARD: Yes, sir. Good morning. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On January 26th, 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, OR6217, Page 475, for more information. The violation has been abated as of September 5th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $5 per day for the period from May 27th, 2023, to September 5, 2023, 102 days, for a total fine amount of $510. Previously assessed operational costs of 59.28 were waived by the Code Enforcement Board. Operational costs for today's hearing: $59.35. Total amount: $569.35. CHAIRMAN KAUFMAN: Okay. Okay, sir. You are here asking for? MR. BUDD: Well, yeah, I'd like to waive the fines. I -- it's been a long labor to get this done. But prior to the last time I was here, I was working on trying to find a contractor. I got lucky. I did find one when I was at the last meeting and hired him to do this work. A double-edged sword; he charged me about 6,000 to pull the permits. But we're finally done, as you know, and it's just took a long time for him to get the work done. I don't live down here, but he was, throughout that whole time period, since the last meeting, working to go to the condo, have people come out, inspect it. The last inspector finally came. I think it was the fire department making sure the firewalls were done, and November 17, 2023 Page 49 then it was finally filed, I think you said September 5th. So that's how long it took. And I finally got it done, and hopefully the nightmare's over now. CHAIRMAN KAUFMAN: Okay. MR. BUDD: This was all from a previous owner that I had this problem. It was nothing I did. CHAIRMAN KAUFMAN: Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Well, the first thing that was done is it started without a building permit, right? MR. BUDD: Yeah. It was a previous owner. I don't know anything that happened. It was the previous owner that did the work, and I bought the place without any knowledge that there was work done, because it was all completed when I moved in. CHAIRMAN KAUFMAN: Okay. MR. BUDD: I didn't -- also, I just got blindsided after I moved in with a notice on the door saying there was work done. I didn't -- like I said, I had no knowledge of it. CHAIRMAN KAUFMAN: Curiosity, how did this thing get reported? MR. PACKARD: It was a referral from Contractors Licensing. CHAIRMAN KAUFMAN: Contractors Licensing, okay. MR. PACKARD: Yes. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: Unlicensed contractor, no permit, and then the previous property owner called it in because of some issues with the work. CHAIRMAN KAUFMAN: Okay. Anybody have any questions or motions from the Board? BOARD MEMBER ELROD: I'll make a motion to waive the fines -- November 17, 2023 Page 50 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: -- except for today's operational costs. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. So we have a motion. Operational costs today of 59.35 to be paid within 30 days, and the fine is abated. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It passes. Okay, sir. MR. BUDD: Thank you very much. CHAIRMAN KAUFMAN: Okay. Okay, Helen. MS. BUCHILLON: Okay. Back to public hearings, D, hearings, No. 1, CESD20220007782, Titus Enterprises, 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. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. Let the record show the respondent is not present. Notifications? MS. BUCHILLON: For the record, respondents were notified regular and certified mail October 24th, 2023, and it was posted at the property and courthouse October 27, 2023. November 17, 2023 Page 51 CHAIRMAN KAUFMAN: Okay. Chuck. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Present your case. Good morning. MR. MARINOS: Yes, sir. For the record -- fight me. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220007782 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), an agriculturally zoned property with multiple structures requiring permitting including, but not limited to, the following: Multiple greenhouse structures over 100 square feet in footprint, a mobile home, and a permanent set of stairs leading up to the mobile home's door located at 2185 Markley Avenue, Naples, Florida, 34117; Folio 335800001. Service was given on June 27th, 2023. This case originated as a complaint. On August 18th, 2023, Senior Investigator Migal met with Sasha Michael on site to conduct an inspection. Sasha Michael is the representative for Titus Enterprises. He noted greenhouses, a small wooden building with deck and electrical for A/C and appliances, a camper with a deck in place, and stairs leading up to that deck. A building determination was conducted on August 23rd, 2022, where the chief building official determined that all referenced structures required permits. I took over this case on February 23rd, 2023. At that time, a wetlands determination was in progress from Florida DEP. I spoke with Mr. Michael at that time, and he intended to get the required permitting for the structures in question. On June 27th, 2023, an updated notice of violation was posted on the property due to an error with the initially issued document. November 17, 2023 Page 52 Since that time, no permit applications have materialized, and all structures remain. All unpermitted electrical work requires demo permits for removal. Violation remains. I would now like to present case evidence in the following exhibits: One building determination; two pictures taken by Senior Investigator Migal on 18 August of 2022 showing initial conditions; three pictures taken by Senior Investigator Migal on 07 September 2022 showing initial conditions; one picture taken by myself on June 27th, 2023, showing conditions at the time of NOV service; and four pictures taken by myself on 16 November 2023 showing current conditions. CHAIRMAN KAUFMAN: Get a motion from the 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 ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: Starting with the building determination. CHAIRMAN KAUFMAN: Who signed that, by the way? MR. MARINOS: Mr. Jonathan Walsh. November 17, 2023 Page 53 CHAIRMAN KAUFMAN: Okay, gotcha. MR. MARINOS: And then we'll move on to the photos here. 18 August, these are the greenhouses in question. Here you see some of the electrical and the deck and the camper. This is another view of the camper, obviously. CHAIRMAN KAUFMAN: Does the camper have license plates on it? MR. MARINOS: I'd have to go back and check. I don't remember right off the top of my head. CHAIRMAN KAUFMAN: Okay. So it's not a motor home. It's a camper. MR. MARINOS: Okay. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Yeah, it looks like no license plates. This is the interior of one of the greenhouses along with some structure there in the back. This is a photo at the time of the NOV. You can see the camper's still in place. I was standing on the deck. A little bit further back, this is the conditions as of yesterday, deck and camper. The two green houses, the one up front and the one in the rear. Some vehicles there with the camper. And then you can see, again, that structure in the rear of the greenhouse since of the tarp covering has been ripped up. BOARD MEMBER RUBENSTEIN: Was that a water line or a power line going to the mobile home? MR. MARINOS: Power line. BOARD MEMBER RUBENSTEIN: So somebody's living out there? MR. MARINOS: He's using it as an office. There was nothing to show that it was occupied for living, but it was definitely being used as an office. BOARD MEMBER RUBENSTEIN: Is there a business in November 17, 2023 Page 54 operation or attempting to? MR. MARINOS: I think he ceased operations on that site since he was hit with the violation, thus the state of the greenhouses currently. BOARD MEMBER AYASUN: So it's not really a greenhouse. It's A skeleton of a greenhouse. MR. MARINOS: Now it's a skeleton of a greenhouse. It was a greenhouse at the time of initial inspection. CHAIRMAN KAUFMAN: Okay. Is there -- what were they growing there, if anything? MR. MARINOS: I've never seen anything growing there myself. They've got those white planter boxes, but there's nothing kind of protruding from the top of them. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Is the power coming off a generator? MR. MARINOS: No. There is an actual power post. CHAIRMAN KAUFMAN: So it's being provided power? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Probably has wells, probably no city water out there. Where is this, by the way? MR. MARINOS: It is well. This is 2185 Markley. So this would be past the landfill, just north of 75. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Where 75 runs east to west. CHAIRMAN KAUFMAN: Okay. Have you had any problems reaching the people from this -- from Titus? MR. MARINOS: Intermittently. We've been in contact recently. CHAIRMAN KAUFMAN: And what are they saying? MR. MARINOS: They're still trying to pull permits. They're November 17, 2023 Page 55 looking at -- they spent a long time working with Florida FDEP trying to get wetland certifications. They're trying to get an ag use. They're having a problem with their zoning to get full ag use on the property. They've also got some other problems holding them up because they've got concurrent cases for vegetation clearing, which is causing a problem with them getting permits for any structures. CHAIRMAN KAUFMAN: Okay. And they were aware that we had the meeting today on this case? MR. MARINOS: They absolutely should have been. We've contacted them multiple times. The previous -- there was a previous hearing that was postponed because they were not in state at the time; that was weeks ago. This was posted again since that point in time. They're also aware that they've got three total cases on the property, all of which are being heard. CHAIRMAN KAUFMAN: Okay. Any comments, questions? BOARD MEMBER RUBENSTEIN: I have a motion. CHAIRMAN KAUFMAN: Motion. Do you have a motion? BOARD MEMBER RUBENSTEIN: To fill in the blanks. Are we there yet? CHAIRMAN KAUFMAN: Yeah, I guess we are. You have a suggestion for us? MR. MARINOS: Yes, sir. MS. BUCHILLON: You need to find it in violation or not. CHAIRMAN KAUFMAN: Yes. Get a motion whether a violation exists. BOARD MEMBER ELROD: I'll make a motion a violation exists. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. November 17, 2023 Page 56 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A violation exists. MR. MARINOS: All right. Ready? CHAIRMAN KAUFMAN: Yep. MR. MARINOS: Absolutely. Okay. So recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtaining all required Collier County building permits or demo permits, inspections, and certificate of completion/occupancy for the unpermitted structures and improvements to the property within blank days of this hearing, or a fine of blank per day will be imposed until the violation's abated; and, Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you want to fill out the blanks? November 17, 2023 Page 57 BOARD MEMBER RUBENSTEIN: I'd like to make a motion. Before I do, I want to ask you a question. Does -- what does it look like they're attempting to do out there? MR. MARINOS: You know, I'm not entirely certain. They're trying to, it looks like, run a business and grow something -- stuff. I'm not sure what they're trying to grow. Greenhouse is in place. There's a lot of other material in terms of a litter case going on additionally at the same time. So I'm not entirely certain what they're trying to do. CHAIRMAN KAUFMAN: What size property is it? MR. MARINOS: I want to say it's five acres or just thereabouts. CHAIRMAN KAUFMAN: Okay. Lee, do you want to fill in the blanks? BOARD MEMBER RUBENSTEIN: Yeah, I do. Sixty days and 250 per day. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? I'll second it. Okay. And the motion is $59.28 paid within 30 days, thereafter -- a fine of $250 a day after 60 days. I got it right? BOARD MEMBER RUBENSTEIN: Yep. BOARD MEMBER AYASUN: Yes. CHAIRMAN KAUFMAN: Okay. Any questions, comments? BOARD MEMBER ELROD: It seems an unreasonably short amount time if they've been working with the DPA [sic] and ag. CHAIRMAN KAUFMAN: I agree with you. It is a short period of time, but I'm surprised that they're not here. If they were here, I'm sure that things would probably be different. But if nothing else, it will give them time to show up for the next meeting. BOARD MEMBER RUBENSTEIN: And that's why I did -- nobody's here in defense of this, so maybe within 60 days they November 17, 2023 Page 58 might show up. CHAIRMAN KAUFMAN: Okay. You have a motion and second. We can vote on it. BOARD MEMBER AYASUN: Yes. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Terri? THE COURT REPORTER: (Indicating.) CHAIRMAN KAUFMAN: We'll just keep going. Terri has strength in her fingers. MS. BUCHILLON: Next case, No. 3, CESD20220003348, Harry A. Romano and Lisa Jeanne Romano. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. Notification? MS. BUCHILLON: For the record, respondents were notified regular and certified mail October 24th, 2023, and it was also posted at the property and courthouse October 24, 2023. CHAIRMAN KAUFMAN: Chuck. Do you want to take over the case? November 17, 2023 Page 59 MR. MARINOS: Yes, sir. Good afternoon. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20220003348 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) located at 5072 28th Place Southwest, Naples, Florida 34116; Folio 36451840003. Service was given November 18th, 2022. This case originated as a complaint on April 5th, 2022. On April 18th, 2022, I met with property owner, Harry Romano, who showed me the light post in question located in his rear yard. I observed that upon this post was mounted a light fixture that was plugged in via removable plug to a G.F.C.I. outlet located on the outside of the house running through junction boxes and conduits underground. A building determination was conducted on May 6th, 2022, which found that a permit was required for the post. On May 10th, 2022, an incomplete initial submittal notice letter was sent to Mr. Romano. A final notice was sent on May 24th, 2022. On November 18th, 2022, a notice of violation was issued to Mr. Romano with good service. Since that time, no further permitting efforts have been made. Original permit expiration date was set for March 2023. As of today, the permit remains in rejected status, and the light post and attached electrical remains in place. I would now like to present case evidence in the following exhibits: One picture taken by myself on November 18th, 2022, showing initial conditions; one picture taken by myself on November 17th, 2023, showing current conditions, and two building determinations completed by Building Official Jonathan Walsh, the second one completed by Building Official Fred Clum, stating permit November 17, 2023 Page 60 required. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos? BOARD MEMBER ELROD: I'll make motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Chuck. MR. MARINOS: Starting with the building determination again. This is the original determination. Permit required, by Jonathan Walsh, 5/6/2022. Reaffirmed on 4/26/23 by Mr. Fred Clum stating permit required. Easy enough. CHAIRMAN KAUFMAN: Yep. MR. MARINOS: Picture 1, initial conditions. That is the light post in question. You can see the electrical junction boxes here, the conduit that runs underground, and then picture taken yesterday showing current conditions with the light post in question being right there. CHAIRMAN KAUFMAN: Have you been in contact with the respondent? MR. MARINOS: Yes, sir, I have. November 17, 2023 Page 61 CHAIRMAN KAUFMAN: And? MR. MARINOS: We've met pushback quite a bit. CHAIRMAN KAUFMAN: He doesn't think he's in violation? MR. MARINOS: Along with an assorted other list of complaints. BOARD MEMBER ELROD: Who made the complaint? MR. MARINOS: It would be the neighbor -- if you're looking at this photo -- to the left originally made the complaint. They have since moved out, and a new person has moved in there. CHAIRMAN KAUFMAN: Was the complaint relative to a light shining in their house or something like that? MR. MARINOS: Essentially, that's what the original complaint was; the light was shining directly in their windows, and then it evolved into the permit required for the post and lighting fixtures separately. CHAIRMAN KAUFMAN: Right. BOARD MEMBER JOHNSON: Is there a safety issue on the light post? MR. MARINOS: I honestly would not know without the electrical being permitted. It very well could be that electric could be janky. It could be glued together with Elmer's glue. I have no idea. CHAIRMAN KAUFMAN: Okay. Well, any comments from the Board? BOARD MEMBER ELROD: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion that a violation exists. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? November 17, 2023 Page 62 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us, Chuck? MR. MARINOS: I certainly do, sir. Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and completion/occupancy for the large post anchored into the ground with lighting and electrical features within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments or -- BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Sure. November 17, 2023 Page 63 BOARD MEMBER RUBENSTEIN: Have the Romanos appeared before this board before? Have they ever been here? MR. MARINOS: Have they ever been here? BOARD MEMBER RUBENSTEIN: Have they been written up on other things? MR. MARINOS: I can find out for you momentarily, if you just give me a moment. MR. LETOURNEAU: Yes, yes. Yes, sir, they have. This is not their first permitting violation that has been to a hearing. I can't remember if it was before the Board of the Special Magistrate, but they did have a pool issue at one point. BOARD MEMBER RUBENSTEIN: And they did actually physically show up? MR. LETOURNEAU: They have shown up. I do believe there's some serious health issues at this point probably between both of them that would maybe curtail them from being here today, though. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. Does anybody want to fill in the blanks? I'll do it. BOARD MEMBER RUBENSTEIN: I'll give it a shot. CHAIRMAN KAUFMAN: You will? BOARD MEMBER RUBENSTEIN: Thirty days. CHAIRMAN KAUFMAN: 59.28. BOARD MEMBER RUBENSTEIN: 59.28, and 250 per day. BOARD MEMBER ELROD: That doesn't give them enough time to come before us, because we don't have a meeting in 30 days. BOARD MEMBER RUBENSTEIN: Sixty days, and 250 and 59 and change. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a November 17, 2023 Page 64 second. MR. NOELL: Just to make sure I understand, operational costs of 59.28 paid within 30 days? BOARD MEMBER RUBENSTEIN: Correct. MR. NOELL: Sixty days to get into compliance. BOARD MEMBER RUBENSTEIN: Right. MR. NOELL: And how much -- or a fine of how much a day? BOARD MEMBER RUBENSTEIN: Two hundred fifty. MR. NOELL: Thank you, sir. BOARD MEMBER RUBENSTEIN: All right. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: One opposed, okay. BOARD MEMBER RUBENSTEIN: I have another question on this property. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Who does that radio tower belong to? MR. MARINOS: That would be the same gentleman. BOARD MEMBER RUBENSTEIN: Has that been written up? MR. MARINOS: That is not what my case is on, so I have not done much research into that. From what I understand, it appears there may be permits for that structure. CHAIRMAN KAUFMAN: Radio towers don't shine in your windows; that's the difference. November 17, 2023 Page 65 Okay. Terri's fingers are holding up. We have more? MS. BUCHILLON: We have three more cases. Two are the same respondent, and that's it; we're done. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case -- we're still under hearings -- No. 10, CEROW20230002007, Santiago Zavala, Jr., and Santiago Zavala. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. CHAIRMAN KAUFMAN: Ryan. Let the record show respondent is not present. Notification? MS. BUCHILLON: For the record, respondents were notified regular and certified mail on November 2nd, 2023, and it was also posted at the property and courthouse November 3rd, 2023. CHAIRMAN KAUFMAN: Okay. Why do I remember this case? Was this before us recently? MR. CATHEY: No. This is initial. CHAIRMAN KAUFMAN: It was another case with asphalt, et cetera. Okay. Go ahead. I'm sorry. MR. CATHEY: That's okay. For the record, Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CEROW20230002007 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1, Section 110-31(a), asphalt driveway installed over a county right-of-way without a permit at 3077 52nd Street Southwest Naples, Florida, 34116; Folio 36439520002. November 17, 2023 Page 66 Service given on October 9, 2023. This case was opened by Investigator Rick Migal while investigating a separate case for a vehicle violation. On March 7th of 2023, Investigator Migal observed a pile of gravel in the right-of-way. Follow-up inspection was made on March 14th, and the gravel was then spread in the right-of-way. Permit PRROW20230310371 was applied for on March 13th and showed incomplete address. Investigator Migal spoke with the owner in May and was monitoring the permit. Case was transferred to me in July and prepared for a hearing, as the violation remained, and permit showed incomplete application. Determination was previously made by building official; permit was required. I attempted to contact the owner yesterday and had not received a response. Owner did submit a corrections response letter to the permit on November 14th, and the permit is currently under review. There hasn't been further comment from the Building Department on that response letter. For case evidence I have the determination, one photo taken by Investigator Migal for March 14th of 2023, and the corrections response letter that was submitted on November 14th. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photo? BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: (No verbal response.) CHAIRMAN KAUFMAN: (No verbal response.) November 17, 2023 Page 67 BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Here's your driveway that was added. You can see it going over the right-of-way here in the apron. CHAIRMAN KAUFMAN: Is there a pipe under it? MR. CATHEY: I'm not aware. CHAIRMAN KAUFMAN: Is there a swale there? MR. CATHEY: This would be the drainage easement right here. CHAIRMAN KAUFMAN: Hence the violation. Okay. MR. CATHEY: In our determination, this is building official confirming violation was found. Permit is required. And if the Board would like to see, this was the response letter that was submitted from the owner. The issue with this driveway is, according to the Building Department, there's a setback issue with the way it was installed and, in addition, to have a secondary driveway, the primary driveway has to be reduced in width. So those are things the owner, with this letter -- this is what he submitted to see if it would -- if this would suffice with the Building Department. Obviously, this has to be reviewed. So that's what -- CHAIRMAN KAUFMAN: Do you want to read that letter into the record for us? MR. CATHEY: I can. I can. CHAIRMAN KAUFMAN: I can't see it, to be honest with you. MR. CATHEY: Sure. The letter reads: This is Santiago Zavala. This letter is on behalf of 3077 52nd Street Southwest, Naples, Florida, 34116. This is a small letter of the corrections that will be made within November 17, 2023 Page 68 the right-of-way review and inspection division. Number 1, the second driveway shall be set back to a minimum of seven and a half feet from side property line measured at the front of the property line/right-of-way. Number 2, the width of the second driveway will be reduced to 12 feet before inspection. Number 3, there will be a sprinkler added to the right-of-way. If additional payment is required, please advise by email with payment. His email is listed there. Number 4, the driveway elevations will be the requirements prior to inspection. And he just states, at the end, his name, and if there's any questions, he provides his email and requests to meet with an inspector if possible, as this is an owner/builder permit, to confirm any additional guidance. CHAIRMAN KAUFMAN: Okay. So anybody want to make a motion as to whether or not a violation exists? BOARD MEMBER ELROD: I'll make a motion that a violation exists. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: (No verbal response.) CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A violation exists. November 17, 2023 Page 69 And, Ryan, you have a suggestion for us? MR. CATHEY: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County right-of-way permits and pass all required inspections for the unpermitted work within the right-of-way or to restore the right-of-way to its originally permitted condition within blank days of this hearing, or a fine of blank dollars 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 provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to -- BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Fill in the blanks. Ninety days and $75 per day. CHAIRMAN KAUFMAN: And the 59.28 paid within 30 days? BOARD MEMBER RUBENSTEIN: Yes, sir. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. November 17, 2023 Page 70 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Okay. Helen, is this the last one? MS. BUCHILLON: Yes. Number 12 and No. 13, CEV20230009358 and CENA20230009367, Ernest J. Valdastri. CHAIRMAN KAUFMAN: Okay. We'll hear the first one first and the second one second. MS. BUCHILLON: Sure. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. CHAIRMAN KAUFMAN: What's that on your hand, Joe? MR. MUCHA: Boxing glove. CHAIRMAN KAUFMAN: Did somebody say "stick up" and you thought they said "stand up"? MR. MUCHA: Yeah. I don't know, man. Ever since I've hit 40, it's like my tendons are just tearing left and right, so... CHAIRMAN KAUFMAN: Okay. Well, we'll order you some new tendons. MR. MUCHA: All right. For the record, Supervisor Joseph Mucha, Collier County Code Enforcement. This is in reference to Case No. CEV20230009358 dealing with a violation of the Collier County Land Development Code 04-41, as November 17, 2023 Page 71 amended, Section 4.05.03(A), addressing a repeat violation of vehicles parking on the grass located at 30 Creek Circle, Naples, 34114; Folio No. 49532360004. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present and, Helen, if you would, the notification. MS. BUCHILLON: For the record, respondent was notified regular and certified mail on November 3rd, 2023, and it was also posted at the property and courthouse November 6th, 2023. CHAIRMAN KAUFMAN: Sorry for the interruption, Joe. Go ahead, sir. MR. MUCHA: No problem. So this case was opened due to a complaint that was made through Commissioner LoCastro's office about the state of this property. A site visit was conducted on October 19th of 2023 where I observed vehicles parking on the grass. Upon researching, this is a repeat violation as Case CEV20190002393 was adjudicated by the Code Enforcement Board on April 26th of 2019. This property -- this property owner also has a history of code violations going back over 20 years at this same location. Multiple site visits have been conducted, and the violation remains, and no contact from the property owner. CHAIRMAN KAUFMAN: Okay. Do you have some -- MR. MUCHA: Yes, I'd like to present case evidence in the following exhibits: I have an aerial photo in the zoning of the property, the hearing order from the case that I previously mentioned, and four photographs taken by myself. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: We have a motion and a second. November 17, 2023 Page 72 BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: So this is just showing that this property is zoned mobile home. And I have the property highlighted here. This is from the Collier County Property Appraiser. You see it's kind of a corner lot on a bend. CHAIRMAN KAUFMAN: Right. MR. MUCHA: Let me get out of that. Oh, geez. Wrong button. This was the previous order from 2019 by the Code Enforcement Board for a repeat violation of recreational vehicles and vehicles parking on the grass signed by Mr. Kaufman. CHAIRMAN KAUFMAN: Who's that? MR. MUCHA: All right. BOARD MEMBER RUBENSTEIN: Is this an HOA? MR. MUCHA: I think they have a civic association there, but they don't have an HOA. CHAIRMAN KAUFMAN: Was that previous case that you -- were the payments made on that, or is that still sitting in the ether? MR. MUCHA: I'm not 100 percent sure. I'm thinking probably not, knowing the history. November 17, 2023 Page 73 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: There you go. MR. MUCHA: So this is just showing a vehicle parked on the grass on my initial visit. Another vehicle. Same visit, different vehicle parked on the grass. This was on the 30th of October, vehicle parked on the grass. And this was November 6th, same vehicle parked on the grass. BOARD MEMBER RUBENSTEIN: Do you know if these vehicles are driven daily and they come and go, or is it a storage? MR. MUCHA: This gentleman has probably about 10 vehicles on the property. I mean, there's a couple that he primarily seems to drive, and then the others are just there. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Was there a civil penalty on the last case, do you know? MR. MUCHA: Yes, sir, there was. CHAIRMAN KAUFMAN: Can you tell me the amount of that? MR. MUCHA: Let me pull that back up, sorry. Civil penalty of $2,000. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Was that paid? CHAIRMAN KAUFMAN: He doesn't know. MR. MUCHA: I don't think so. I would say no, if I was a betting man. CHAIRMAN KAUFMAN: Okay. Let's start out with does a violation exist. BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion -- BOARD MEMBER AYASUN: Second. November 17, 2023 Page 74 CHAIRMAN KAUFMAN: -- and a second that a violation exists. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. MUCHA: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, paying a civil penalty in the amount of blank for the repeat violation within 30 days of this hearing; Two, removing vehicles parked on the front yard grass area to a stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt pavers or turf parking system specifically designated for parking of automobiles, not to exceed 40 percent of front yard parking within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Three, 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 November 17, 2023 Page 75 provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I'd like to make the motion on this case. MR. LETOURNEAU: Just for the record, the fines have not been paid on that last case. CHAIRMAN KAUFMAN: Okay. 59.28 be paid within 30 days, 60 days, or a $200-a-day fine, and civil penalty of $5,000. MR. NOELL: And, sir, if I can ask, since that fine is in line with a repeat violation, would you also consider making part of the motion that a repeat -- or a violation had occurred within five years of this violation? CHAIRMAN KAUFMAN: Okay. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: We'll include that. MR. NOELL: Thank you. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER RUBENSTEIN: He might show up now. CHAIRMAN KAUFMAN: If he didn't pay the last fine, I would ask questions of -- but it doesn't matter. November 17, 2023 Page 76 Okay. Joe, next case. Same person. 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. Okay. For the record, Supervisor Joseph Mucha, Collier County Code Enforcement. This is in reference to Case No. CENA20230009367 dealing with a violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03 addressing a repeat violation of outside storage and litter located at 30 Creek Circle, Naples, 34114; Folio No. 49532360004. Service was given on October 23rd of 2023. Case was opened due to a complaint through Commissioner LoCastro's office about the state of this property. A site visit was conducted on October 19th of 2023 where I observed outside storage and litter consisting of, but not limited to, cardboard, metal, propane tank, tools, hoses, and other miscellaneous items. Upon researching, this is a repeat violation of Case CENA20190004829 adjudicated by the Code Enforcement Board on June 27th of 2019, and Case CENA20220008442 adjudicated by the Code Enforcement Board on October 27th of 2022. Again, property owners had a history of code violations going back over 20 years at this same location. Multiple site visits have been conducted and the violation remains, and no contact from the property owner. I'd like to present case evidence in the following exhibits: The aerial and zoning of the property. Do you need to see that again or -- CHAIRMAN KAUFMAN: No. MR. MUCHA: Okay -- two previous orders. This was the one November 17, 2023 Page 77 from 2019 for high grass and outside storage of litter. Found in violation. Signed by Mr. Kaufman. This is the one from last year. BOARD MEMBER ELROD: We didn't make a motion to accept these. CHAIRMAN KAUFMAN: Oh, take a -- just a little backtrack. Get a motion from the Board to accept these photos. BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: It passes unanimously. Late, but it's there. MR. MUCHA: So last year you guys found him in violation again for repeat violation, and a civil penalty of $250 was issued. Okay. And I'll get to the -- MR. LETOURNEAU: Not paid. MR. MUCHA: -- photos. Again, here you can just see there's just a bunch of stuff. And it seems about once a year we get a complaint from one of the neighbors. They probably come back from up north and, it's usually around this time of year we get a complaint about the state of the property. Just -- again, just stuff in the yard. CHAIRMAN KAUFMAN: How big a property is that? That's a -- BOARD MEMBER AYASUN: Two acres. MR. MUCHA: It's a nice size. Almost, like -- I'd say, like, a November 17, 2023 Page 78 double lot because it's kind of on the corner. I mean, it's maybe -- MR. LETOURNEAU: Go back to the aerial real quick and -- MR. IANDIMARINO: I think it's .13. MR. LETOURNEAU: Yeah, it's not very big. MR. IANDIMARINO: Point 13 acres. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Joe, has he been cited by the HOA or -- MR. MUCHA: Again, they don't have, like, a traditional HOA. I think they have a civic group here that people can pay to be involved, but it's not voluntarily. BOARD MEMBER RUBENSTEIN: So do they have the ability to fine the residents? MR. MUCHA: I don't think so, because they probably would have done it over the last 20 years. They always give it to us. So I don't think -- if they have anything, it's certainly not anything strong. BOARD MEMBER ELROD: Is this property homesteaded? MR. MUCHA: Yes, it is homesteaded. I mean, to put it bluntly, it's 10 pounds of stuff in a five-pound bag at this property. It's just squeezing out the sides of -- CHAIRMAN KAUFMAN: In order to be -- let me get done, and then I have a couple of things to say. So do we want to find that they're in violation? BOARD MEMBER ELROD: Make a motion that a violation exists. BOARD MEMBER AYASUN: Second. MR. NOELL: And is it a repeat violation? Is that part of the motion? BOARD MEMBER RUBENSTEIN: Yeah, that it's a repeat. BOARD MEMBER ELROD: Yes. MR. NOELL: That it's a repeat. Thank you. November 17, 2023 Page 79 CHAIRMAN KAUFMAN: Repeat within five years. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Before you give us your suggestion... MR. MUCHA: Sure. CHAIRMAN KAUFMAN: This is only occupied part the year? MR. MUCHA: By this gentleman? I think he lives there full time. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: I mean, I don't know. I can't say that for a fact, but... BOARD MEMBER AYASUN: He meant his next-door neighbor comes. MR. MUCHA: I think the neighbor -- when they come down -- usually around this time of year people come back from up north, and then that's when the complaints start coming in. CHAIRMAN KAUFMAN: The reason I ask is, if it's homesteaded, you can't be here two months out of the year to qualify for homestead exemption. MR. MUCHA: I'm pretty sure he's a full-time resident there. November 17, 2023 Page 80 CHAIRMAN KAUFMAN: Okay. And you have a suggestion for us on this? MR. MUCHA: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: One, paying a civil penalty in the amount of blank for the repeat violation within 30 days of this hearing; Two, removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store desired items in a completely enclosed structure within blank days of this hearing, or a fine of blank will be imposed for each day the violation continues; Three, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Let me try on this one, and then I have a little sidenote. 59.28 paid within 30 days, $200-a-day fine, 60 days to come into compliance, and a civil penalty of $5,000. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Having said that, this is homesteaded property, but part of the order is that this can be -- these people are obviously violating the code. They don't show up at the hearings, they don't fix the problem, and they can just do this forever. This needs to be strongly -- well, I guess the commissioner is involved in this also -- send the police out there to do something with November 17, 2023 Page 81 this. So I just wanted to put that on the record. BOARD MEMBER RUBENSTEIN: I have a comment. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Question. If it's a homesteaded trailer, it looks like the fines are going to add up to more than the value of the property, which we can't touch to begin with. So what avenue does the county have? The fines cannot be collected, and we can't -- and we can't seize the property. We could lien it. MR. NOELL: In these kinds of cases, the system is only designed to do what the system is designed to do. So in some cases, it's the equivalent of trying to fit a square peg through a round hole. Another legal mechanism that either neighbors or another entity could do would be to pursue an injunction civilly with the court. That, of course, is beyond the purview of this jurisdiction that we have. But that would be, you know, a purview of either neighbors or other interested parties who could -- you know, if they believed and a judge agreed that it -- that the use of that property arose to the level of such an interference with other people's use of their property -- BOARD MEMBER RUBENSTEIN: The quality of life of the neighbors. MR. NOELL: -- then that would be, of course, you know, a judicial determination considering several factors. So that would be more of the square hole for the square peg situation that this is. CHAIRMAN KAUFMAN: The question I have, then, why do we put in the order that it can be abated by the Sheriff -- help to abate this by using the Sheriff? That's part of the order. MR. NOELL: Well -- and that would be part of the consideration internally for staff on whether that is something -- there's two parts to that, is, one, does that rise to the level of a referral to the Sheriff's Department? And then, of course, November 17, 2023 Page 82 the Sheriff's Department makes a determination of there's no criminal activity here, there's nothing for us to do, and often you'll see that in these situations. That's a civil action between neighbors or another interested entity. CHAIRMAN KAUFMAN: Okay. So did we vote on this yet, Terri? BOARD MEMBER AYASUN: No. CHAIRMAN KAUFMAN: No. All those in favor of the motion that I made? I'll repeat it if you want. BOARD MEMBER RUBENSTEIN: Yeah, please. CHAIRMAN KAUFMAN: The motion is 59.28 paid within 30 days, a fine of $200 a day, after 60 days, and a $5,000 civil penalty. BOARD MEMBER AYASUN: And there was one more amendment. BOARD MEMBER BHATLA: You said, I think, 250. Wasn't it 250? BOARD MEMBER ELROD: It was 250. CHAIRMAN KAUFMAN: Okay. Two fifty, I'm sorry. BOARD MEMBER BHATLA: That's okay. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I just to say about the Sheriff's Office thing, is that that -- you guys have been here long enough to know that's our standard recommendation. We just want to have every available means to abate a violation afterwards. I'm not saying that this one will be done that way, but we just want to cover all our bases down the road if we have to get to that situation. CHAIRMAN KAUFMAN: Well, let's vote on this, and then I'll give you my final comment. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. November 17, 2023 Page 83 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. This is referred to the County Commissioner, so this is going to get eyes on this, and maybe it will get resolved one way or the other since it's gone up the line already. MR. LETOURNEAU: We'll see. CHAIRMAN KAUFMAN: Right. Okay. BOARD MEMBER RUBENSTEIN: I have a question -- CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: -- for Jeff. Can't the county remove the eyesores and lien the property for the cost of the removal and wherever storage it's going to end up at? MR. LETOURNEAU: I think, theoretically -- BOARD MEMBER RUBENSTEIN: That seems to be the complaint. MR. LETOURNEAU: We could -- I'd have to discuss this with the County Attorneys before we went onto improved homesteaded property and removed any items off there. That would be more of a County Attorney question. CHAIRMAN KAUFMAN: It's all -- when you lien it, you lien the boat that's there, that gets part of -- all the property that's owned by this person gets liened. MR. LETOURNEAU: You know, Code Enforcement's tool is that we lien a property, and your normal citizen is going to follow through and try to get that lien relieved, but obviously we're not dealing with somebody that's a normal citizen here. November 17, 2023 Page 84 CHAIRMAN KAUFMAN: That's correct. Okay. Thank you, Joe. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Helen, we are d-o-n-e? MS. BUCHILLON: Yes, sir. BOARD MEMBER AYASUN: May I ask a technical question? CHAIRMAN KAUFMAN: You can. MS. CURLEY: Just to the attorney. You know, some of these pictures we are seeing are drone pictures, correct? I fly drones. So there are a lot of restrictions now. You have to be at a certain height. Now, are we aware of all that, so they don't challenge these pictures? MR. NOELL: I would defer to the County Attorney's Office on that because that would be advising staff to the legalities. I'm sure that they're in compliance, but... BOARD MEMBER AYASUN: I'm sure. MR. LETOURNEAU: I believe that -- we do not use drones. That's definitely been struck down as a tool for Code Enforcement; however, I do think there's a height limit on photographs, and I think the aerials that we show are high enough to be used in -- BOARD MEMBER AYASUN: High enough. I just wanted to make sure. CHAIRMAN KAUFMAN: Okay. We have no meeting in December. MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: So our next meeting is January 25th. MS. BUCHILLON: 25th, yes. CHAIRMAN KAUFMAN: Okay. Yes. BOARD MEMBER RUBENSTEIN: Yeah, where do we pick up our turkeys? C-0-DE,ENFORCEMENT BOARD E FMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on � a/ as presented )� or as corrected �--1 TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.