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CEB Minutes 01/25/2024 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 25, 2024 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate ABSENT: James York, Alternate ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board P R O C E E D I N G S CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: That the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Having said all that, why don't you all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. The minutes from the past meeting were sent out. Anybody have any changes to the minutes? (No response.) CHAIRMAN KAUFMAN: If not, we'll accept them as being read, which brings us to the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Aye. MS. BUCHILLON: And, Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. MS. BUCHILLON: Mr. James York is excused for today. CHAIRMAN KAUFMAN: Okay. So I guess we might have a couple of changes to the agenda? MS. BUCHILLON: We have few changes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First, we're going to be adding to the agenda under motion for extension of time, it's going to be No. 5, and the case is CESDSD20220010598, HGG Management, LLC. And we have some stipulations. CHAIRMAN KAUFMAN: Is 5 also on the agenda for -- MS. BUCHILLON: For imposition, no, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First imposition, under public hearings, No. 4, CESD20230004994, Orlando Fabian Rodriguez. Next stipulation, No. 7, CESD20230007234, Livia Liste. Number 12, CESD20210002598, Teresa Martinez. Number 15, CESD20200003242, Kluckhuhn Family Residential Trust. Those are all the stipulations. Next are the withdrawn cases. Under public hearings D hearings, No. 2, CESD20230004499, has been withdrawn. Number 3, CENA20230003369, Dome Builders, has been withdrawn. Number 5, CEAU20230005361, Todd Palmen, has been withdrawn. Number 8, CESD20230004415, Katherine E. Lee. Number 14, CELU20220007119, Oakwood Park West, LLC, has been withdrawn. Under motion for imposition of fines and liens, No. 11, CELU20220002018, Teri Lyn Thomas, has been withdrawn. Number 12, CENA20220005940, Teri Lyn Thomas, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. BOARD MEMBER ELROD: I'll make a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion to accept the changes and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: I'm sorry. CHAIRMAN KAUFMAN: Where do you -- do you want to start with the impositions -- MS. BUCHILLON: The extension of time with the attorney. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Okay. All right. First case up, under motion for extension of time, No. 5, CESDSD20220010598, HGG Management, LLC. CHAIRMAN KAUFMAN: Let me stop you one second. Thank you for the vodka. You show this as 5? MS. BUCHILLON: Yes, sir. That's the one we just added into the agenda. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, whole truth, and nothing but the truth? MR. JOHNSON: I do. MR. LOMBARDO: I do. CHAIRMAN KAUFMAN: Good morning. Do you want to state your name on the microphone for us, please. MR. LOMBARDO: Yes, sir. Zach Lombardo on behalf of HGG Management, for the record. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Good morning. CHAIRMAN KAUFMAN: Good morning, John. MR. JOHNSON: For the record, John Johnson, Collier County Code Enforcement. This is a request for a motion for extension of time. Would you like the attorney to read it? Would you like some background? Whatever you would like, I would like to provide that for you. CHAIRMAN KAUFMAN: Okay. Why don't you read the case -- you read the case, and then you're on. MR. JOHNSON: Okay. This case was adjudicated through a stipulation, and the respondent was required to get permits to remodel a commercial -- three commercial units in a commercial condo association; three, like, large garages, if you will. He had started the work without permits, and he was trying to get after-the-fact permits. He got the assistance from the attorney, and they decided a simple solution is sometimes best for a complex problem, and they decided to simply demo what was done, leave the units unfinished, and let the new tenant build it out under permit to their specs. So the request here is to just give them a little bit more time, although they've pulled three permits. They've all been issued. In fact, I think they've been inspected, partial. MR. LOMBARDO: I did just speak to the contractor, and the inspections have not yet taken place. MR. JOHNSON: Okay. So -- but, I mean, the permits are all underway to demo what was done without a permit. So at this point, Mr. Letourneau, the county has no objection to this extension; is that correct? MR. LETOURNEAU: Correct. MR. JOHNSON: He's here to request an extension of time. CHAIRMAN KAUFMAN: Okay. How much of an extension are you looking for? MR. LOMBARDO: We're asking for 90 days, up and through April 16th, 2024. CHAIRMAN KAUFMAN: Okay. Are you confident in that 90? MR. LOMBARDO: I am now that we have the permits. When we filed this motion, we didn't have the permits yet applied for, but we had to work through a couple contractors, and we now have a contractor, and the permit's pulled, so I think that's a very reasonable amount of time to get the work done and the inspections completed. Part of this is, as the inspections happen, I suspect there might be -- there's unpermitted work that is being uncovered, and so more has to be demoed. So there's some revisions to these permits that I expect, and so that's why it may sound like a lot of time, but the end-of-the-day position that HGG is taking is we're going to demo everything, get back to a white box, and start over with permits. CHAIRMAN KAUFMAN: Okay. Comments from the Board? BOARD MEMBER FUENTES: I say we grant them 120 days. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion for 120 days. Any comments on it? (No response.) CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. LOMBARDO: Thank you. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thanks, John. Are we up to No. 4 now? MS. BUCHILLON: No. We'll start with No. 1. Number 1 under motion for extension of compliance deadline. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***CESD20220008565, Greg A. Ream and Heather L. Ream. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. MR. REAM: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. REAM: Craig A. Ream. CHAIRMAN KAUFMAN: Okay. Chris, do you want to say anything now or just go -- MR. AMBACH: We'll let Mr. Ream start. CHAIRMAN KAUFMAN: Okay. MR. REAM: I'm asking for an extension of time. We purchased the home and are trying to get this issue wrapped up. But I live in Pittsburgh, so trying to do it remotely has been a challenge. It's also been a new purchase, so I don't have any of the original plans or anything like that. I've been dealing with a contractor that walked off the job, and no other contractor wants to assume his work. So I did apply on January 2nd for the permit after the fact, owner/builder. So I'm trying to learn as I go, and I need a little bit more time. I have not been contacted after the permit was applied for, so I don't know what's coming. So I'm looking for 90 to 120 days to continue to rectify the situation, then, and get it solved. CHAIRMAN KAUFMAN: When did you purchase the house? MR. REAM: That was in early '22, March of '22. CHAIRMAN KAUFMAN: And the work started when? MR. REAM: May of '22. CHAIRMAN KAUFMAN: You're finding it difficult to do this owner/builder? MR. REAM: Well, I had a contractor who walked off the job, so now it's mine. CHAIRMAN KAUFMAN: Now you get to -- MR. REAM: Yes. And there are not a lot of teeth to him. He doesn't have much responsibility, I'm finding out, but... BOARD MEMBER CURLEY: So are you living here now? MR. REAM: No. We're -- my in-laws live in the area, so we bought the house to be close to them. We live here part time. So we've been here full time since December, and we're going to leave in -- March 1st. CHAIRMAN KAUFMAN: So you're pulling the building permits to have the work done; is that correct? MR. REAM: I pulled -- I applied on January 2nd for an owner/builder renovation, interior renovation -- CHAIRMAN KAUFMAN: Right. MR. REAM: -- after the fact. CHAIRMAN KAUFMAN: Okay. MR. REAM: And I have yet to be contacted by anybody yet to find out what the next steps are as far as the inspections. CHAIRMAN KAUFMAN: I think the ball is in your court for next steps. You applied. They haven't responded yet. MR. REAM: No. MR. AMBACH: I can add some notes when you're ready. CHAIRMAN KAUFMAN: Chris, go ahead. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. It's already going through the review process. It's going pretty smoothly with the exception of a FEMA rejection and a residential review. Other than that, it's moving along actually pretty quick. CHAIRMAN KAUFMAN: Okay. How much time do you think you need? MR. REAM: I don't know. I'm new to this. I'm thinking 90 to 120 days. MR. AMBACH: No objection to that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I have a question. I think it's a technical question, not necessarily for the homeowner. So when you pull an owner/builder permit, don't you have -- isn't part of your -- I mean, you're the contractor, so you have to be here to supervise and perform all those duties that a contractor would. And you've got this exception as the owner of the property. If he's leaving in March, how can he do his job? MR. AMBACH: Well, he's ultimately responsible for that; however, he has contractors that are licensed that are signed up. So that -- hopefully, as the process goes through, yes, he's going to have to have licensed contractors -- BOARD MEMBER CURLEY: On the permit? MR. AMBACH: -- on that permit, correct. BOARD MEMBER CURLEY: Okay. MR. AMBACH: And I may have missed something, Jeff, if you want to throw -- add some more in, but -- MR. LETOURNEAU: No. I just wanted to, you know, reiterate that the permit was in review status, and you covered that, so... BOARD MEMBER CURLEY: And the permit includes plumbers, electricians, and whatever the case he may need? MR. AMBACH: Not at this point. It's all going to have to be added moving forward. We're in review status at this point. Yeah, he's got a lot of work to do ahead of him. BOARD MEMBER CURLEY: He doesn't need 90 days. MR. LETOURNEAU: And there's really no stipulation that he has to be eyeballing the work as it's being done. If he hires professional contractors, the idea is they're going to do the job for him, you know, and ultimately the inspections and the COs will come. MR. AMBACH: Correct. CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER CURLEY: Well, it's concerning that the permit's in review and the vendors aren't already attached to the permit. So that's another lengthy -- that's another 30 days once he adds the licensed contractors to his permit. So it's not a 90-day thing at all. MR. AMBACH: Yeah. He's going to need a little bit of time. BOARD MEMBER CURLEY: Yeah. BOARD MEMBER FUENTES: Chris, how do you feel about 180 days? MR. AMBACH: I'm good with that. BOARD MEMBER FUENTES: Yep. All right. Then I'd like to make a motion to grant 180 days. BOARD MEMBER CURLEY: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months. Good luck. MR. REAM: Thank you very much. Appreciate it. MS. BUCHILLON: ***Next extension of time, No. 3, CESD20220007688, Erick Innis and Alyssa Innis. 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. INNIS: I do. MS. INNIS: I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: Rick. MR. MIGAL: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. INNIS: Erick Innis. CHAIRMAN KAUFMAN: Okay. And with you? MR. INNIS: My wife, Alyssa Innis. CHAIRMAN KAUFMAN: Okay. You're both going to testify? MS. INNIS: Mainly him. CHAIRMAN KAUFMAN: You're going to let him do it. MR. INNIS: I'll do it. CHAIRMAN KAUFMAN: You trust him? Okay. All right. You're looking for an extension of time. This was a conversion of a -- BOARD MEMBER AYASUN: Horse barn. CHAIRMAN KAUFMAN: -- horse barn into a dog kennel. MR. INNIS: Yes, sir. CHAIRMAN KAUFMAN: So it's like you're shrinking a horse down to a dog or vice-a-versa. Any comments on -- did you apply at all for a permit? MR. INNIS: Yes, sir. We hired a GC after the fact and then have gone through also a permitting consultant. I think Shalonda from Reliable Permitting. So she's working with the county right now. We just ran into a snag when we bought the property initially, 2022. It was a 12-stall horse barn on a five-acre out in Golden [sic] Estates, and we wanted to make the property better, and so we end up enclosing it. Because I think it was a barn from 20 years ago. And so we wanted to make it better. And then we got kind of a little snag once we thought we were clear, that -- we have, like, an encroachment of a few inches on a property line. So we're going through -- right now we've gone through the -- applying for a variance, and so we're in that progress [sic] right now. CHAIRMAN KAUFMAN: Okay. Rick? MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. Yeah, he's working on the -- they're just starting the process of the variance. They don't even have their pre-application meeting yet. So it's going to take some time. We all know variances can take quite a bit of time. CHAIRMAN KAUFMAN: I went through the process myself. And how much time are you looking for? MR. INNIS: I've been told about six months from the GC and the representative for the Reliable Permitting. So that's what they counseled. BOARD MEMBER FUENTES: Here's the thing, you've got to -- are you currently applying for a variance? MR. INNIS: Yes. That is the step that is happening right now. She's had some pre-meetings already with the county with dealing with the lot lines and that, and so our next is an in-person meeting at -- she did that this week, and so now with the GC we have to go in and -- our in-person meeting. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Rick, what do you think is -- what are you open to? What do you guys think is reasonable from Code Enforcement? MR. MIGAL: We have -- the county has no objection to this. CHAIRMAN KAUFMAN: Nobody's living in the barn? MR. INNIS: No, sir. CHAIRMAN KAUFMAN: Not a horse or -- MR. INNIS: It's not for people, no. CHAIRMAN KAUFMAN: Okay. All right. Well -- BOARD MEMBER CURLEY: Well, it's been a year. BOARD MEMBER FUENTES: Yeah, but if they've got to apply for a variance, it's going to take some time. BOARD MEMBER CURLEY: A year. CHAIRMAN KAUFMAN: You weren't doing the construction yourself. You're going to -- MR. INNIS: No. We hired a GC for after the fact and all drawings, architecture, so that's what we've been going through. And I go as fast as the drawings, the surveys. We redid everything from height to flooding to the whole nine, and every project is a few weeks to a month or two at a time before I get paperwork back. CHAIRMAN KAUFMAN: Okay. I -- as I recall -- Jeff, you correct me if I'm wrong -- an after-the-fact, if you did the work -- you can't get an after-the-fact permit. MR. LETOURNEAU: No. You can't get a permit by affidavit -- CHAIRMAN KAUFMAN: Affidavit. MR. LETOURNEAU: -- if you do the work. If you buy the problem, you can get that. So "after the fact" means they have to pay a certain amount times more than they would normally. CHAIRMAN KAUFMAN: Yeah. Okay. Anybody take a stab at -- BOARD MEMBER ELROD: I'll make a motion to give them six months. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. But it's not going to be enough, I don't think. BOARD MEMBER ELROD: No? CHAIRMAN KAUFMAN: Well, if it's not enough, you know where we are. MR. INNIS: Yes, sir. CHAIRMAN KAUFMAN: Well, not where we are, where they are. MR. INNIS: Yes. CHAIRMAN KAUFMAN: We have a motion and a second. Any comments on it? BOARD MEMBER BHATLA: Is that enough time for the variance? BOARD MEMBER CURLEY: It's been a year. BOARD MEMBER BHATLA: It has been a year already. MR. LETOURNEAU: I think the county would be comfortable with six months. And he probably wouldn't have it done, but we would like to see some progress at that time. BOARD MEMBER FUENTES: That's good enough for me. CHAIRMAN KAUFMAN: Yeah. Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It passes unanimously. Okay. MR. INNIS: Thank you so much. CHAIRMAN KAUFMAN: Thanks, Rick. MR. MIGAL: Thank you. CHAIRMAN KAUFMAN: Next case, Helen, is? MS. BUCHILLON: Next case, we have a change to the agenda; one more stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings, No. 16, CEROW20220009345, David H. Levine. CHAIRMAN KAUFMAN: Okay. Get a motion to amend the agenda. BOARD MEMBER ELROD: Make a motion to amend the agenda. BOARD MEMBER FUENTES: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: ***Okay. Next case, it's -- we're still under extension. Number 4, CEVR20220011339, Equity One Pavilion, Inc. BOARD MEMBER AYASUN: Your name on the microphone, please. MS. DUNN: Donna Dunn. CHAIRMAN KAUFMAN: Okay. Chris? MR. AMBACH: Chris Ambach, Collier County Code Enforcement. CHAIRMAN KAUFMAN: This appears to be removing trees and a landscape island without the approved Site Development Plan; am I correct? Terri? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. MS. DUNN: I do. CHAIRMAN KAUFMAN: And you are the owner? MS. DUNN: I'm the property manager on behalf of the owner. CHAIRMAN KAUFMAN: Okay. And you have their permission to testify today -- MS. DUNN: Yes, sir. CHAIRMAN KAUFMAN: -- and make decisions? Since you're requesting the extension of time, let us know what you're doing, when you're doing it, how much time you would need to extend. MS. DUNN: Yes. So we are in for permitting at this point in time. Right now, the SDPI has been submitted. We're waiting on an invoice for fees from Renald, and we're waiting on the landscape architecture to review and approve the plans as well. Once all that's been completed, we'll be in the process -- we'll start the process of replanting the 11 trees. CHAIRMAN KAUFMAN: Okay. Were they big trees or -- MS. DUNN: They were pretty large trees. I have to find out from Renald the size that we're going to be required to replace them with, so that's on my next -- that's on my list to do next. And then I'll sign up a contractor so once everything is approved, we can just go ahead and commence the work. CHAIRMAN KAUFMAN: Okay. And how much time do you think you're going to need? MS. DUNN: At this time we're requesting 90 days in hopes that we'll be able to complete that by then. As long as everything gets approved fairly quickly, then we can get going on our end. CHAIRMAN KAUFMAN: Okay. So you have -- county have any objection? MR. AMBACH: No objections at all. CHAIRMAN KAUFMAN: Comments from the Board? BOARD MEMBER FUENTES: The county's not objecting to anything today. It must be the new year. BOARD MEMBER CURLEY: I'll make a motion to accept the extension of 90 days to -- BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. DUNN: Thank you. CHAIRMAN KAUFMAN: Good luck. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Plant the seeds now. Okay. Helen, who's up? MS. BUCHILLON: We're going to start with stipulations. Under public hearings, first stipulation, No. 4, CESD20230004994, Orlando Fabian Rodriguez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. RODRIGUEZ: Yes, I do. CHAIRMAN KAUFMAN: Could you give us your name on the microphone, please. MR. RODRIGUEZ: Yes. Orlando Fabian Rodriguez. CHAIRMAN KAUFMAN: Okay. And you're the owner of the unit? MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: This was a referral from Contractors Licensing. Why don't you read us the stipulation into the record, and we'll go from there. MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all Collier County building permits or demo permits, inspections, and certificate of completion and occupancy for the electrical and plumbing work within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may issue -- 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. Mr. Rodriguez, can you make those dates? MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. You have a comment? BOARD MEMBER CURLEY: I have a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER CURLEY: Is the work done? MR. RODRIGUEZ: It is. It's done, yes. I did the job myself. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: Actually, I'm the owner. I didn't know I needed a general contractor because it's a commercial property. BOARD MEMBER CURLEY: Oh. So it's done, but it's not been done by a contractor? MR. RODRIGUEZ: Yes. It was done by me. BOARD MEMBER CURLEY: I should have been more clear on my question. MR. RODRIGUEZ: And -- well. CHAIRMAN KAUFMAN: Commercial properties need a licensed contractor. You can't do owner/builder. So that's the -- All right. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MR. OWEN: Thank you, sir. MR. RODRIGUEZ: Thank you, sir. CHAIRMAN KAUFMAN: Next stipulation. MS. BUCHILLON: We have another change to the agenda, another stipulation added. Under hearings, No. 13, CESD20230007258, Hugo Andres Tartaro and Roxana G. Armanza. BOARD MEMBER CURLEY: Motion to amend the agenda as stated. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to amend the agenda. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER FUENTES: Guys, you can -- your -- Maria's telling them to sit down. CHAIRMAN KAUFMAN: Is somebody missing in action? MS. BUCHILLON: ***Next case would be No. 7. That's our next stipulation. We were just adding this one to the agenda. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 7, CESD20230007234, Livia Liste. 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. LISTE: I do. CHAIRMAN KAUFMAN: Are you going to be testifying? MR. SANTON: I'm the professional designer in case she -- you know, if I need to answer any questions. CHAIRMAN KAUFMAN: Okay. You should probably be sworn also. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. SANTON: I do. CHAIRMAN KAUFMAN: Okay. Ryan, do you want to read the stipulation into the record for us? MR. CATHEY: Yes. Therefore, it is agreed between the parties respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, certificate of completion/occupancy for the unpermitted addition to the rear portion of the residential structure within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request 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. Do you understand the stipulation as each is read? MS. LISTE: Yes. CHAIRMAN KAUFMAN: Okay. Do you have any problem getting it done in 120 days? MS. LISTE: Can you repeat the question? CHAIRMAN KAUFMAN: Do you think 120 days will be sufficient time for you to come into compliance? MS. LISTE: Okay, yes. CHAIRMAN KAUFMAN: Yes. Okay. You designed it? MR. SANTON: Yes. THE COURT REPORTER: You have to come to the mic and state your name. State your name. MR. SANTON: I prepared the engineering plans for the permitting work, yes. CHAIRMAN KAUFMAN: Okay. Your name? MR. SANTON: My name, Felix Santon. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Wait. You said -- wait. You said you prepared the plans for the unpermitted work? MR. SANTON: Yes. MR. CATHEY: They just submitted a permit the other day. BOARD MEMBER CURLEY: Thanks. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a -- BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. Do you have a comment? BOARD MEMBER CURLEY: So the plans are submitted, but there's no permit yet? MR. CATHEY: The permit submitted; processing right now. It has not been issued yet. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. If you don't get it in 120 days, come back so that we can resolve the situation at that time, okay? MR. SANTON: Understood. CHAIRMAN KAUFMAN: Sometimes permitting takes a little bit longer than your plans would allow for. Okay. Thank you. MR. CATHEY: Thank you. MR. SANTON: Thank you. CHAIRMAN KAUFMAN: Have you got any new -- MS. BUCHILLON: No, I don't. ***Next stipulation, No. 12, CESD20210002598, Teresa Martinez. CHAIRMAN KAUFMAN: Is everybody sworn? THE COURT REPORTER: No. Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINO: I do. MS. MARTINEZ: I do. CHAIRMAN KAUFMAN: Can you give us your name on the microphone, ma'am. MS. MARTINEZ: Teresa Martinez. CHAIRMAN KAUFMAN: Okay. This was an addition to the rear of the house, shed, without obtaining the permits; is that correct? MR. MARINO: Yes. They had the addition to the house. They had a shed and a carport/garage, which they've rectified a majority of the things. We are on the final part where they have gotten everything they need to do to finish out the permit for the addition on the back. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MR. MARINO: All right. Joseph Marino, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to either keep or remove the unpermitted addition to the rear of the house within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand the stipulation? MS. MARTINEZ: Yes, I do. CHAIRMAN KAUFMAN: Do you agree to it? MS. MARTINEZ: Yes. CHAIRMAN KAUFMAN: Okay. If you need additional time, you know where to come back to? MS. MARTINEZ: Correct. CHAIRMAN KAUFMAN: You have 120 days. MS. MARTINEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Hold on. We have to vote on it. MS. MARTINEZ: Oh, sorry. 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, ma'am. MS. MARTINEZ: Thanks. MS. BUCHILLON: ***Next stipulation, No. 13, CESD20230007258, Hugo Andres Tartaro and Roxana G. Armanza. 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. RODRIGUEZ: I do. MR. TARTARO: I do. MS. ARMANZA: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. ARMANZA: Hugo Tartaro and Roxana Armanza. MR. TARTARO: Hugo Tartaro. CHAIRMAN KAUFMAN: Okay. Maria? MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. This is agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all Collier County -- required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to keep or remove the unpermitted addition to the rear of the home within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Shut off all unpermitted electrical power source to the unpermitted shed -- to the unpermitted shed within one day of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violations into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: So what we have here is two dates. One is one day and the next one is 120 days? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. You're familiar with the one day you have to turn all the power off, et cetera, yes? MR. TARTARO: Yes. CHAIRMAN KAUFMAN: Is the property [sic] off already? MR. TARTARO: We did it already. CHAIRMAN KAUFMAN: And 120 days to get everything permitted. MR. TARTARO: Yes. CHAIRMAN KAUFMAN: No problem meeting that date? MR. TARTARO: No. CHAIRMAN KAUFMAN: You have to say, because she can't write down "shook head." MR. TARTARO: No. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. TARTARO: Thank you. MS. ARMANZA: Thank you. CHAIRMAN KAUFMAN: Don't go swimming in the pool. It's too cold. Okay. Helen, where are we? MS. BUCHILLON: ***Next stipulation, No. 15, CESD20200003242, Kluckhuhn Family Residential 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. PITURA: I do. MR. KLUCKHUHN: I do. CHAIRMAN KAUFMAN: We get everybody sworn? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: All right. Can you state your name on the microphone for us? MR. KLUCKHUHN: Gary Kluckhuhn. CHAIRMAN KAUFMAN: You could raise it if you want. You're taller than the last person. MR. KLUCKHUHN: Gary Kluckhuhn. CHAIRMAN KAUFMAN: Okay. Jason [sic], do you want to read the stipulation into the record for us? MR. PITURA: I do. For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits, demolition permit, inspections, certificate of completion/occupancy for the boathouse decking and roof or remove said structure and improvements including materials from the property within 120 days of this hearing, or a fine of $100 per day will be imposed till the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of this violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, you've agreed to that stipulation, 120 days? MR. KLUCKHUHN: Yes. CHAIRMAN KAUFMAN: That seems to be a popular amount of time that's been coming before us. MR. KLUCKHUHN: It's been a difficult time coordinating this, and I've been in the building business all my life, but never have I seen so many reasons for delays, anywhere from the coronavirus that has gone on through this -- and I need a barge to finish the project. So getting the equipment -- getting -- people don't show up when they say they're going to. So hopefully -- hopefully if I say -- hopefully we can get it done. Thank you. CHAIRMAN KAUFMAN: Thank you. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So you have 120 days. If the barge doesn't show up and you need more time, come back to us, and we will act accordingly. MR. KLUCKHUHN: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you, sir. MR. KLUCKHUHN: Thank you. Am I done? BOARD MEMBER ELROD: Yes, sir. MR. KLUCKHUHN: Where do I pay my fine? BOARD MEMBER AYASUN: Where do I pay my fine, he said. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Last stipulation, No. 16, CEROW20220009345, David H. Levine. MR. LEVINE: Good morning. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. LETOURNEAU: I do. CHAIRMAN KAUFMAN: Sir, could you give us your name on the mic. MR. LEVINE: David Levine. CHAIRMAN KAUFMAN: Okay. Ryan, do you want to read the stipulation into the record for us? MR. CATHEY: Yes. Therefore, it is agreed between the parties the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County right-of-way permits, inspections, certificate of completion for the driveway entrance culvert replacement within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. How many days did you say? BOARD MEMBER FUENTES: One hundred twenty. BOARD MEMBER CURLEY: Magic number. BOARD MEMBER FUENTES: I'm surprised you asked. CHAIRMAN KAUFMAN: Sir? MR. LEVINE: Yes, sir. CHAIRMAN KAUFMAN: Do you agree to the stipulation? MR. LEVINE: Yes, I do. CHAIRMAN KAUFMAN: Do you think you'll have any problem meeting that 120-day? MR. LEVINE: The contractors are a little bit slow doing concrete, but if I can't, can I ask for another little bit? BOARD MEMBER FUENTES: If it isn't corrected by 120 -- this is a right-of-way violation. It's going to be a little rough. CHAIRMAN KAUFMAN: To meet the date. BOARD MEMBER FUENTES: I mean -- no, I think it should meet the date by 120 days. It's a 2022 case. Where -- it's 120 days, six months, for a right-of-way violation. CHAIRMAN KAUFMAN: One hundred twenty days is not six months. We changed the calendar. Okay, 180. BOARD MEMBER FUENTES: Yeah. BOARD MEMBER AYASUN: One hundred twenty days is four months. BOARD MEMBER CURLEY: I actually have a question. I know we're not hearing the case, but I have a question. So was this completely done and concreted and it has to be pulled up and done over? MR. CATHEY: No. BOARD MEMBER CURLEY: Okay. It just needs permits? MR. CATHEY: Still needs permits. MR. LEVINE: There's a culvert there already, the pipe that goes underneath. It's been graded. It's the second permit I paid for, and they're arguing about some fines to the contractor, not to me. And they won't -- he won't pay them, and you guys aren't making him pay it. And I'll hire another contractor and pay it again. BOARD MEMBER CURLEY: Well, good luck. MR. LEVINE: I guess, yeah. BOARD MEMBER CURLEY: Make a motion to accept the -- CHAIRMAN KAUFMAN: Stipulation. BOARD MEMBER CURLEY: -- stipulation as written. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. Any other questions? BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEVINE: Thank you. CHAIRMAN KAUFMAN: If you have a problem with the 120 days, we're here. MR. LEVINE: Appreciate it. Thank you. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thanks, Ryan. MS. BUCHILLON: ***Next, back to under public hearings, D, hearings No. 1, CENA20220007701, 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. MR. MICHAEL: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. MICHAEL: Sasha Michael. CHAIRMAN KAUFMAN: Okay. And you are the owner of Titus? MR. MICHAEL: Correct, yes, sir. CHAIRMAN KAUFMAN: Okay. Charles, do you want to start your case? MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CENA20220007701 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 54 Article VI, Section 54-179 and 54-181, as well as the Collier County Land Development Code, 04-41 as amended, Sections 1.04.01.A and 2.02.03, an agriculturally zoned property with illegal outside storage including but not limited to RVs, furniture, unlicensed trailers, building materials and refuse located at 2185 Markley Avenue, Naples, Florida, 34117. Folio 335800001. Service was given on October 24th, 2023. This case originated as a complaint. On August 18th, 2023, Senior Investigator Migal met with Sasha Michael on site to conduct an inspection. Multiple piles of litter and prohibited outdoor storage of items on site were noted as well as a dilapidated RV and unlicensed trailers. This property is improved agriculturally -- sorry. This property is unimproved agriculturally zoned land. I took over this case on February 23rd, 2023. At that time I spoke with the property manager, Sasha Michael, and reiterated what the expectations for cleanup were. On October 24th, 2023, an updated notice of violation was posted on the property due to an error in the initially issued document. Since the expiration of the new NOV, the property remains in violation with some objects having been removed but others added. Violation remains as a pre-hearing inspection on 24th of January 2024. I would now like to present case evidence in the following exhibits: Five pictures taken by Senior Investigator Migal on the 18th of August 2022 showing initial conditions, five pictures taken by myself on the 16th of October 2023 showing conditions at that time, and six pictures taken by myself on the 24th of January 2024 showing current conditions. All pictures are stored on the shared drive to which I have access. CHAIRMAN KAUFMAN: Okay. And has the respondent seen the photos? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MR. MICHAEL: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Charles, I did have a question. You stated that there were objects that were removed and others put on site? MR. MARINOS: Yes, sir. And you will see these in the photos. There's been some cleanup done and a few things that I'll let him explain. BOARD MEMBER FUENTES: Okay. MR. MARINOS: So these are the first photos taken by Senior Investigator Migal back on 18th of August 2022. We can see some objects here on the property. Again, remember, it's supposed to be unimproved agriculturally zoned. Here we have a few more of the objects on site. A couple pieces of furniture also on the property. BOARD MEMBER FUENTES: Nice vanity. MR. MARINOS: These are the -- kind of the two greenhouse structures that are on site and some of the few things that were in between. This area will become pertinent in the next couple photos. This was an RV that was on site. You'll see that is removed at this point in time. This is October 16th, reinspection time, pretty near to when I took over the case, not too far after, and you'll see there's an aerial I was speaking of before. There's a few structures here that he had a use that he would like to explain. This is that same area. Inside of one of the greenhouse structures. And a couch that was on site that has been moved at this time. And then an area towards the rear. As of yesterday, this was where one of the trailers were sitting. That is now removed. This was where I believe one of the other trailers was also sitting that has now been removed. This is the front of one of those vending machines that we saw that I pointed out the area there. A little back of the side view, again, between these two greenhouse structures. And then that backside, again, where there had been quite a few items. And the last is inside -- inside one of the greenhouse structures as well. BOARD MEMBER FUENTES: I could use those. CHAIRMAN KAUFMAN: So there -- in quick summary -- MR. MARINOS: Yes. CHAIRMAN KAUFMAN: -- what's left? MR. MARINOS: These chairs, a few items that would be arguable whether or not they'd be considered legitimate use if there was an ag zoning on the property, which there currently isn't, or rather a use code that allows for agricultural use on the property, the greenhouse structures, and I believe one trailer, but that trailer is now licensed. CHAIRMAN KAUFMAN: Okay. The greenhouses are not permitted? MR. MARINOS: They're not, but that is a separate case. CHAIRMAN KAUFMAN: A separate case, okay. BOARD MEMBER CURLEY: But that zoning doesn't permit greenhouses? MR. MARINOS: Currently right now that property is Use Code 99, agricultural zone, which is unimproved agriculturally zoned property. There should be no allowable uses currently on that site. BOARD MEMBER CURLEY: Especially vending machines. CHAIRMAN KAUFMAN: Yeah. That's in case somebody wants to buy a chocolate bar or something. Okay. BOARD MEMBER FUENTES: I'll make a motion that a violation -- CHAIRMAN KAUFMAN: Whoa, whoa, whoa. Sir? Yes. MR. MICHAEL: Thank you. Okay. So all those pictures were before, except for the last four, which were after. You could see most of it's clear. That which is not is underneath the greenhouse structure. That -- all that's going to be gone. It's just a process for me. It's very difficult. When we purchased the property, we submitted everything. They said it's agricultural. That's why we bought it, to build a farm. It's behind the dump. It's five acres. You can't see into the property from the public view. Like he said, it started with one complaint from my one neighbor. It's unincorporated. I submitted everything. They told me it was permissible for that purpose of a nursery. Those greenhouses were approved and actually paid for by the USDA. They were damaged in the hurricane. Everything else will be gone, but the structures is the only issue where we have a little bit of a disagreement. There -- they told me I don't need a permit. I applied after the fact. They told me you need a clearing permit first. I applied for that. They said you have to pay the DEP for approval. I did that, waiting for that. And that's really where we are here now. So I've done everything I could. The only thing I'm not willing to do is take down the physical structure because that's part of the operation of the -- CHAIRMAN KAUFMAN: That's a different case; is that correct? MR. MARINOS: Yes. There's a permitting case covering that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So is -- CHAIRMAN KAUFMAN: The county says that items were added after the first pictures. Some were -- a lot was cleared, but there were other items that were added. Were they added by you or somebody -- MR. MICHAEL: Well, I'm not sure what exactly he's referring to, but maybe if he's referring to, like -- MR. MARINOS: Specifically, these vending machines. MR. MICHAEL: The machines, okay. So the machines, I have no problem getting rid of them, but they're not actually operable as vending machines. They're just climate-controlled machines for cuttings and seedlings. So, basically, if you show the frontal picture you had there, you can control the climate of each one in there for, like, when you're harvesting seeds or cutting. That's why I purchased it. It was from Broward County, a school auction. But I don't want to cause an issue over those. If it's -- if you feel that -- I mean, again, no one can see anything in the property. But if you feel that's a problem, I'll get rid of it. But the purpose was for agricultural use. It's not for vending. CHAIRMAN KAUFMAN: I'm assuming that your neighbor can see it, though, right? MR. MICHAEL: He saw us when we were starting. So when we first started the operation, there was trucks, there was trailers, a bunch of stuff. We were kind of working out what to use, what not to. He made his complaint; we got rid of everything we could. As of right now, you can only see it down one corridor. I applied for a fence permit. But like you mentioned earlier, they told me that I need a -- I can't do it myself because it's owned by an LLC. So I got quotes, but those quotes were all above $30,000. I couldn't afford it at this time. But once the fence is there, that basic chain-link fence, you won't be able to see absolutely anything. But right now only one neighbor, if he walked on the property, could maybe see part of the greenhouse. So he can't see the vending machines, he can't see anything else. But we're in the process of cleaning up as well, more and more every day. CHAIRMAN KAUFMAN: Okay. The -- is that -- you have to plug that in? MR. MICHAEL: Yeah, you plug that in. CHAIRMAN KAUFMAN: Do you have electric on the property? MR. MICHAEL: Yes. CHAIRMAN KAUFMAN: Okay. I was wondering. MR. MICHAEL: There's a well. There's electric. All that was done properly. But like I said, they told me it was agricultural property; you don't need a permit to erect a nursery. And I got all the registrations, all the license for the nursery operation as well. We have suppliers. We did, you know, everything. But like I said, it was a process. We don't have a big budget, and the hurricane did mess a lot up but, you know, we're cleaning up. BOARD MEMBER CURLEY: I have a question. MR. MICHAEL: Yeah, shoot. BOARD MEMBER CURLEY: Who's "they"? MR. MICHAEL: In what? What do you mean? BOARD MEMBER CURLEY: You said that they told us it was allowed. You keep talking about -- MR. MICHAEL: Oh, the county itself. When I called -- when I purchased the land, they said, yes, this is an agricultural property. You have the right to operate a nursery there. I received paperwork to that as well, which, you know -- BOARD MEMBER CURLEY: So just because you can't see it doesn't mean you can still violate the land use. MR. MICHAEL: Understood. BOARD MEMBER CURLEY: So when you put the fence up, you still can't have all that junk everywhere. MR. MICHAEL: That's fine. Again, nothing that's junk will be there. It's only -- BOARD MEMBER CURLEY: But you -- like, you couldn't even plug that vending machine in because it would be, like, a fire hazard, and there's, like, a whole lot of things that I'm even this pro about that is fearful, and that's why they have the rules for that. MR. MICHAEL: Okay. BOARD MEMBER CURLEY: So there's -- I think there's just maybe a little bit bigger picture that we need to study here. MR. MICHAEL: Absolutely. Absolutely. BOARD MEMBER CURLEY: Yeah. CHAIRMAN KAUFMAN: Okay. You've been working with the county as -- to identify the items that need to be removed? MR. MICHAEL: A hundred percent. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Yes, sir, that's accurate. CHAIRMAN KAUFMAN: Okay. So we're at a point now where you need some time to finish everything up that the county has pointed out and go forward with whatever permits are required. MR. MICHAEL: Yep, which have already been submitted. Everything. There's nothing. Yeah. CHAIRMAN KAUFMAN: So my question to you, before we decide whether a violation exists, is do you have any conception of when you would need -- what time frame you would need to get everything into compliance? MR. MICHAEL: Well, when you say everything into compliance, is taking off the remaining storage items and the vending machines? CHAIRMAN KAUFMAN: Whatever's -- MR. MICHAEL: That I just need 120 days. CHAIRMAN KAUFMAN: Whatever -- okay. I heard that. Whatever needs to be done, which would be a conversation between you and the county. MR. MICHAEL: Absolutely. Well, as it shows here on this specific case, there's four points, right: Remove any unauthorized accumulation of litter from the property for final disposal, so I did that with the exception of the chairs; unauthorized nuisance to -- must remove or cause to remove any unauthorized litter which is a public nuisance pursuant to the section. So, again, it's the same; I did it. "Must comply with all land-use standards of the Collier County land [sic] department." So that's the only one that I'm a little bit confused about, because I sent in for zoning verification, and they told me that it's permissible. So that's the only point that I don't know what to do about. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: Yeah. Okay. For the record, Jeff Letourneau, Collier County Code Enforcement. Being that it's ag property, a wholesale nursery is a permitted use on this property. And he's got a couple hoops to jump through, I think. And once he gets the designation from the Property Appraiser, probably, as a bona fide agricultural use, the greenhouses and anything that is ag related can be on that property. But if it's not ag related, like those chairs and stuff like that, that stuff is not authorized to be on there unless, you know, you built a home or a shed you could store them in. They can't be out in the open. CHAIRMAN KAUFMAN: And he's shaking his head "yes." MR. LETOURNEAU: But anything ag related can remain as long as he gets the ag designation on that property. MR. MICHAEL: That's my entire intention right there. That's it. CHAIRMAN KAUFMAN: So the first thing I'd like to do is find out if a violation exists and then what the remedy for that violation is. So anybody want to make a motion? BOARD MEMBER CURLEY: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So you have a suggestion for us as to the time frames, et cetera? MR. MARINOS: I have a recommendation for you. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: I mean, I think just while he's pulling this up, the discussion here is, like, 120 days to walk behind your property to the dump is a lot of time. MR. MICHAEL: It's no problem. You can give me five days. Just tell me exactly what you want me to take. So if we're talking about just the chairs and the machines, I'll do it in five days. CHAIRMAN KAUFMAN: Hold on. We're not -- this isn't Let's Make a Deal. MR. MICHAEL: Sorry. CHAIRMAN KAUFMAN: Why don't you tell us what your suggestion is, and then we can modify it, approve it, or whatever. MR. MARINOS: Absolutely. Recommendation: That the Code Enforcement Board order 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, removing all unauthorized accumulation of litter to a site designated for such use and ceasing the unauthorized uses of this property including, but not limited to, the storage of items, vehicles, and trailers which is not currently a permitted accessory or conditional use on this property within blank days of this hearing, or a fine of blank will be imposed until the violation is abated; and, Two, that 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. What I'd like to -- you have been and you continue to work with the respondent to point out those items that need to be changed, modified, removed, or whatever? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. You don't have any problem with that? MR. MICHAEL: I've got no problem with that, no, sir. BOARD MEMBER CURLEY: I'll fill in the blanks. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I'll do 30 days and $200. BOARD MEMBER FUENTES: And the operational costs? BOARD MEMBER CURLEY: Paid today. CHAIRMAN KAUFMAN: 59.28 to be paid within 30 days. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Two hundred dollars a day. BOARD MEMBER RUBENSTEIN: Can you repeat that motion, please? CHAIRMAN KAUFMAN: 59.28 to be -- that's the operational costs, to be paid in 30 days. BOARD MEMBER CURLEY: Thirty days. CHAIRMAN KAUFMAN: That's for the operational costs. BOARD MEMBER CURLEY: And $200 fine per day after 30 days. CHAIRMAN KAUFMAN: And 10 days is what you said. BOARD MEMBER CURLEY: I did not say 10. CHAIRMAN KAUFMAN: What day -- BOARD MEMBER FUENTES: Thirty. BOARD MEMBER CURLEY: I said "30" three times. BOARD MEMBER FUENTES: So it's to pay the operational costs of 59.28 within 30 days, and after 30 days, if the violation is not abated, fines of $200 would be placed on the property per day. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: That's not enough time. CHAIRMAN KAUFMAN: That's your suggestion. BOARD MEMBER CURLEY: He lives behind the dump. It's plenty of time. BOARD MEMBER ELROD: That's not enough time to get the ag -- the ag designation so he can leave the structures. BOARD MEMBER CURLEY: That's not this case. There's another case. BOARD MEMBER AYASUN: There's another case for that. BOARD MEMBER FUENTES: This is for litter. Nuisance abatement. BOARD MEMBER CURLEY: This is for litter. This is for litter, RVs, furniture, unlicensed trailers, building materials, refuge, vending machines, and all that. BOARD MEMBER AYASUN: It's a 30-day deal. CHAIRMAN KAUFMAN: Basically, yes. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any other comments? (No response.) CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: One nay. It passes. Okay. Are we going to hear the next case today? MR. LETOURNEAU: No. MR. MARINOS: No. No, sir. BOARD MEMBER CURLEY: Okay. Thank you. CHAIRMAN KAUFMAN: So -- MR. MICHAEL: That's it? CHAIRMAN KAUFMAN: Okay. You'll be working with the county, and hopefully, on this case, have no problem coming into compliance. MR. MICHAEL: All right. Thank you for your time. CHAIRMAN KAUFMAN: Thank you. MR. MARINOS: Thank you. MS. BUCHILLON: Next case, we're still under hearings. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***No. 6, CESD20230008795, Santiago Ospina and George Ospina. CHAIRMAN KAUFMAN: Good morning. MR. OSPINA: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. OSPINA: I do. CHAIRMAN KAUFMAN: Your name for the mic. MR. OSPINA: Santiago Ospina. CHAIRMAN KAUFMAN: Okay. You might as well present your case at this time. MR. MARINOS: Absolutely. Just give me one moment to get it open here. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: And can you read slower for me? MR. MARINOS: Absolutely. All right. Good morning, again. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20230008795 dealing with violation of Collier County Code of Laws and Ordinances 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 improved Estates-zoned property with a shed under renovation in the rear, originally built with no permits including, but not limited to, electrical, interior renovation, septic and plumbing all done with no permits located at 3410 13th Avenue Southwest Naples, Florida 34117. Folio 37983600008. Service was given October 11th, 2023. This case originated as a complaint. This case was opened from previous Case CESD20230002406 due to a problem with the deed showing the incorrect owner for the property at the time despite it having changed ownership. After the deed was fixed, this case was opened, and a new NOV was issued correctly addressed to Mr. Ospina on October 11th, 2023. Initial inspection from previous case CESD20230002406 showed an unpermitted shed in the rear of the property undergoing renovation into occupiable space with electrical and plumbing utilities. As of today, no permits on record for this structure or modifications. Mr. Ospina has stated that he has been working with Octavio from ASSA Permitting to acquire the required permits. As of pre-hearing inspection on 24th of January 2024, no new permit applications are on file. Violation remains. I would now like to present case evidence in the following exhibits: One building determination carried over from Case CESD20230002406, five pictures taken by myself from Case CESD20230002406 showing initial conditions, and four pictures taken by myself on the 24th of January 2024 showing current conditions. All pictures are stored on a share drive to which I have access. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MARINOS: Yes, sir, he has. CHAIRMAN KAUFMAN: Do you have any objections to those photos? MR. OSPINA: No. Go ahead. BOARD MEMBER ELROD: I'll make a motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: All right. First five from the previous case. This is the shed/occupiable space in question. This is the other side looking towards the rear of the property. MR. OSPINA: That's the front. MR. MARINOS: Yeah. This is the front of the -- this is the front looking towards the rear. MR. OSPINA: No, towards the front of the property. MR. MARINOS: This is the rear looking towards the front. CHAIRMAN KAUFMAN: It doesn't matter. MR. MARINOS: Orientation. BOARD MEMBER FUENTES: Its irrelevant. MR. MARINOS: It's an orientation. BOARD MEMBER CURLEY: It's cute. MR. MARINOS: Interior view of the structure itself. Could not get into the structure at the time, but this is what we can see from the front door, essentially. A/C unit installed, and the runs for the utility. CHAIRMAN KAUFMAN: A/C, was that permitted? MR. MARINOS: None of the modifications are permitted. MR. OSPINA: That's just a ditch. My dad wanted to do a fence. It's not the run. CHAIRMAN KAUFMAN: No, I'm talking about the previous picture. That. Is that the A/C unit? MR. OSPINA: That's the A/C, yes. CHAIRMAN KAUFMAN: Was that permitted? MR. MARINOS: No, sir. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: This is the -- sorry, the current conditions of the property. Same structure. From the side there, you can see the A/C unit as well, interior and interior. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Nice. CHAIRMAN KAUFMAN: So... MR. OSPINA: So first, the ditch, it's because my dad wanted to put a fence, like the -- like the Clusias just to put like around the main driveway. CHAIRMAN KAUFMAN: I don't think -- I don't think that's one of the violations. MR. OSPINA: Yeah, but -- it's just he's saying that's a run. We haven't touched the electric going to the building at all. CHAIRMAN KAUFMAN: But the electric was never permitted; is that correct? MR. OSPINA: That was built in 2000, so I -- I mean, I'm finding that half my house, the square footage wasn't permitted. So I don't know how I was sold a house like that. Like, I'm finding a lot of issues. It's a house from '79. The owner had it for 30 years. This is my first house. I bought it in January, and I wanted to turn this into my office. It had the bathroom. It had a sink. I just thought I could turn it into my company's office, and -- yeah. So, I mean, all the electric, I started asking for permits, and they're all around 27,000 to run it back there. So I'm just waiting on saving up to do that. But, yeah, I'm just finding a lot of issues that I just was not prepared for getting into a house. BOARD MEMBER CURLEY: Okay. So just to clarify, the one picture that looked like there was a trench in it, you were just clarifying to us that that was just a hedge for planting? MR. OSPINA: Yeah. BOARD MEMBER CURLEY: Thank you. MR. OSPINA: It's empty. And it's completely around the edge. Like, my dad was the guy who sits -- you know, he just made the whole trench around because he eventually wanted to put a -- like Clusias but just never got to it. CHAIRMAN KAUFMAN: That's not -- that's not in question here at all. MR. OSPINA: I'm just saying it's not a run. CHAIRMAN KAUFMAN: Okay. MR. OSPINA: He was just saying it was a trench we did for a run. It's not. CHAIRMAN KAUFMAN: It's a trench. MR. OSPINA: It's a trench, yes. CHAIRMAN KAUFMAN: Okay. That's all. Does the county have any problem with the trench? MR. MARINOS: No, sir. Also I'd like to make a quick correction. At the beginning there I rode -- sorry -- I read the Collier County Code of Laws and Ordinances. That is a -- I'd like to correct that to the Collier County Land Development Code 04-41, as amended. CHAIRMAN KAUFMAN: Okay. Okay. Sir, we'll continue. MR. OSPINA: Okay. CHAIRMAN KAUFMAN: So you have a piece of property that you own. MR. OSPINA: Yes. CHAIRMAN KAUFMAN: You wind up inheriting any of the past problems with the property -- MR. OSPINA: Yes. CHAIRMAN KAUFMAN: -- which you would have probably found out about. MR. OSPINA: So the owner died. His kids inherited it. I mean, I thought we did our due diligence finding out about the property. But we're going through several cases where Chuck was telling me that now half the square footage of my home, all the back, like, 1,800 square feet, wasn't permitted. Like, it was applied for, but it wasn't approved 1982. I mean, I was born in '96. I mean, I'm finding out that there's issues that come way back. Every step of the way has been something different. The gentleman was 96, had closed off, shuttered off the whole house, didn't have the A/C running for the last six years. So I found doors he had stuccoed over. I've found so many issues. Like, the little shed in the back, I was like, oh, that's going to be my great office. That was the one thing I thought did not have issues. And I thought I could change things, just, like, like for like, and me and my dad would do it together, and then the house would be another situation. Now it's everything. BOARD MEMBER CURLEY: Well, maybe if you painted it camo, nobody would have know. MR. OSPINA: Oh, my God. BOARD MEMBER CURLEY: Just kidding. MR. OSPINA: The whole property's raised. It initially had catfish ponds. I guess he had his friends parked there and fished on summer. And since I'm raised, my neighbor complains that all the water runs off to her property, and she's the one that's called I don't know how many complaints now. So she's the one that's just been making my life miserable. CHAIRMAN KAUFMAN: Actually, the transition from the previous owner to you is what's making your life miserable. MR. OSPINA: Yeah. CHAIRMAN KAUFMAN: I know septics, there's no do-it-yourself on septics. MR. OSPINA: Yes, I -- we found a cracked septic, and someone was like, oh, we can just change that one out. And I was like, okay, go for it. And I did not know that. So that all -- I'm willing to admit I want to get it right. I've always done things right in my business and my personal life. So I want to do it, but I'm just finding the time that I'm going to need to do it is -- I mean, I just got a quote for the permits. It was $12,000. CHAIRMAN KAUFMAN: The property -- you're living on the other piece -- MR. OSPINA: In the house, I'm living, yes. CHAIRMAN KAUFMAN: Okay. Has that -- that wasn't cited for anything; is that correct? MR. OSPINA: That's another case. MR. MARINOS: It's a completely different case. BOARD MEMBER CURLEY: We have a question about the current vendor that you're using to help with you permits. Who is that? MR. OSPINA: So I went through one when the initial case was -- it had come for the past owner's name. So she had told me don't even worry about it until it comes with your name. That was Maria Cruz. She disappeared on me. This is, like, I think around December. December we had a whole roof leak, so I had to redo the whole roof this last two months. And then -- CHAIRMAN KAUFMAN: Did they pull a permit on that? MR. OSPINA: Yeah. So it has two roofs, one of them -- BOARD MEMBER FUENTES: You're a very honest guy. MR. OSPINA: Yeah. BOARD MEMBER FUENTES: Sometimes less is more. MR. OSPINA: Yeah. And we had to, you know, pull permits on all that but that, obviously, just took me out of my budget for what I wanted to save up for the permits. BOARD MEMBER CURLEY: So who's -- MR. OSPINA: And I switched to ASSA. Like, I talked to them, got that quote, 12,000. So I'm talking to Claudine and Shalonda for quotes, too, because -- BOARD MEMBER FUENTES: Anything with Octavia? MR. OSPINA: So that's the $12,000 quote I got from them. CHAIRMAN KAUFMAN: As I understand things -- and I've done business with Shalonda before -- they arrange to get you the permits. MR. OSPINA: Yeah. CHAIRMAN KAUFMAN: And you arrange to get everything into compliance. Are you working with anybody to get everything into compliance? MR. OSPINA: I'm getting quotes from contractors. CHAIRMAN KAUFMAN: You're getting them? MR. OSPINA: Yeah. CHAIRMAN KAUFMAN: So well -- MR. OSPINA: I mean, I'm just waiting right now is who's going to be the right person for the code -- for the -- for the -- I'm sorry. BOARD MEMBER ELROD: Permits. MR. OSPINA: For the permits. So I'm waiting on a call back from Shalonda. Claudine said she would get to me this week. I talked to Octavio two weeks ago once -- I was out for vacation for December. So when I got back, I talked to Octavio, and that's where I got the $12,000 quote. CHAIRMAN KAUFMAN: Okay. Well, you've been working with Chuck? He's -- MR. OSPINA: Yeah, since the beginning. CHAIRMAN KAUFMAN: -- helping you find out what needs to be done? MR. OSPINA: Yep. CHAIRMAN KAUFMAN: Okay. So this is almost -- it's a good thing that the -- well, I don't even want to get to the house yet, because -- MR. OSPINA: Yeah. BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Perfect. BOARD MEMBER AYASUN: Second. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and second a violation exists. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Chuck? MR. MARINOS: I certainly have a recommendation, yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: The 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, cease all occupation of the shed structure and turn off all unpermitted electrical within blank days of this hearing, or a fine of blank will be imposed until the violation is abated; Two, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the shed with electrical and plumbing utilities within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Three, that 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 violation -- 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. BOARD MEMBER FUENTES: So I'll make the motion. I'm going to help out here but, in return, I want you to take my advice that I gave you here when I went like this (indicating). I'm going to make the motion that the fines of 59.28 get paid within 30 days and that the violation gets corrected within 210 days. If not, a fine of $75 per day would be imposed. MR. OSPINA: Just in preparation of knowing the other situation with the house, could I ask for it to be a little longer? BOARD MEMBER FUENTES: What would you -- CHAIRMAN KAUFMAN: If you were on the Board, you could do that, but you're not. MR. OSPINA: Okay. BOARD MEMBER CURLEY: Well, I was going to -- BOARD MEMBER FUENTES: Well, I like his honesty. What would you be comfortable with? It's my motion. I want to see what I can do to help. MR. OSPINA: I don't know if I treat it like I do one and then the other or if I've got to be working on both of them at the same time. I think I could get both of them done in a year, so that's my thing. BOARD MEMBER CURLEY: I was going to contribute to your motion and say if we know there's a case running behind this one that we don't know about, so we sort of like to keep them sort of on the same calendar. So if we are going to hear another case -- are we going to hear another case? MR. MARINOS: It is not scheduled for today, but there is another case ongoing for the primary structure. BOARD MEMBER FUENTES: Okay. A year's long because we would like to see you again. It doesn't mean we couldn't work things out. MR. OSPINA: Yep. BOARD MEMBER FUENTES: So let's keep the motion the way it is now, and that way when you come back, we can discuss things further. MR. OSPINA: Two hundred ten days? MS. BUCHILLON: If I may, is that for both parts? BOARD MEMBER FUENTES: That would be for both parts. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Typically, when you have electrical there, like we did in the previous case -- MR. OSPINA: Electric's off. CHAIRMAN KAUFMAN: Electric to be turned off immediately. MR. OSPINA: Yep. That's off. I mean, the breakers are off to that whole part of the property, yep. CHAIRMAN KAUFMAN: Okay. But we should keep that in the motion and vote on it so that you're covered and the county's covered should you have a fire or something. MR. LETOURNEAU: Did you say that -- 210 days for both? The county's not happy with 210 days on the -- BOARD MEMBER CURLEY: That's not what he said. MR. LETOURNEAU: Okay. All right. I'm sorry. BOARD MEMBER FUENTES: What would you be happy with, Jeff? MR. LETOURNEAU: Well, I mean, I was just talking about No. 1 with the electric, you know, that be as short as possible, as far as the county's concerned. BOARD MEMBER FUENTES: Then I apologize for that. Yeah, I mean, the electric should be shut off immediately. If it's not permitted, it's a safety issue. So we will put that within one day. MR. OSPINA: Perfect. And then is that good with just shutting the breakers off, or do you guys have to come do anything? BOARD MEMBER FUENTES: Shutting it off should work. MR. MARINOS: Yeah, shutting it off, and then I'll come inspect and ensure that the electricity is off. MR. OSPINA: It's off. MR. MARINOS: And then you'll get an affidavit of partial compliance certifying that that part of the order has been complied with. MR. OSPINA: Perfect. BOARD MEMBER ELROD: Second. MR. NOELL: Just for clarity on the possible order, it would be a fine -- excuse me. It would be one day -- abatement of the electrical in one day, or a fine of how much per day for that? BOARD MEMBER FUENTES: Seventy-five dollars. MR. NOELL: Okay. And then for the second one, abatement of 210 days or a daily fine of? BOARD MEMBER FUENTES: Seventy-five dollars. MR. NOELL: Thank you, sir. BOARD MEMBER AYASUN: There was a second. CHAIRMAN KAUFMAN: Yes. Okay. The second agrees? BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: If we shut the power down to that shed -- CHAIRMAN KAUFMAN: Right. BOARD MEMBER RUBENSTEIN: -- we've got no air going back there, and we've got a mold farm starting, and we're allowing 210 days to create another problem. So we're going to take a property that looks, for the most part usable, and we're going to turn it into condemned property within seven months. BOARD MEMBER FUENTES: The property has no water intrusion or windows leaking. There should not be any humidity being built; therefore, there wouldn't be any humidity bloom, and mold would not form. He should be okay. That doesn't also mean he can't walk in and open the door for 20 minutes a day and let the air come in and out and close it again. But the only way the mold's going to form is if there's a humidity bloom, and for that to happen, he needs to have some type of leak or humidity buildup, so he should be good. BOARD MEMBER ELROD: And if 210 isn't enough, come back before then and show us something's been done. MR. OSPINA: Perfect. Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MR. OSPINA: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Jeff, do you have any idea when the next case on this property will be coming up? MR. LETOURNEAU: I do not, no. CHAIRMAN KAUFMAN: Okay. Chuck, do you? MR. MARINOS: It might be scheduled for next month or the hearing after most likely. MR. LETOURNEAU: Within the next two hearings. Having said that, if he does get a permit issued, you know, in between that time, then we would probably hold off on bringing it before you guys. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I think that's a good idea. CHAIRMAN KAUFMAN: We're going to take a 10-minute break right now for the court reporter. Does somebody have to leave at 10:30? No. Okay. (A brief recess was had from 10:26 a.m. to 10:38 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Helen, what's up next? MS. BUCHILLON: ***We're still under hearings. Next case, No. 9, CEAU20220004105, Timothy L. Richardson and Tracey M. Richardson. And the next two cases after that are the same owners. Would you like for me to read them in now or do one at a time? CHAIRMAN KAUFMAN: Let's do them one at a time. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Less confusing. 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. RICHARDSON: I do. CHAIRMAN KAUFMAN: Do you want to state your name on the microphone for us. MS. RICHARDSON: Tracey Richardson and -- MR. MAURER: Charles Maurer. CHAIRMAN KAUFMAN: Okay. Ryan. MR. CATHEY: For the record, Ryan Cathey, Collier County Code Enforcement. If it's okay with the Board, we're going to switch and start with Case Number 11, the vegetative removal case. It's pertinent to do that one first. The other two cases are contingent on your ruling for the vegetative case. The permitting for Cases 9 and 10, neither one of these permits can be done until the vegetative site is taken care of. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: So I'd like to start with that case, Case No. 11. CHAIRMAN KAUFMAN: Okay. Helen, you got that? MS. BUCHILLON: ***Case No. 11, CEVR20220004114. MR. CATHEY: Again, for the record, Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CEVR20220004114, violation of Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a) and (e), removal of native vegetation at 4681 Third Ave Northwest, Naples, Florida, 34119. Folio 36660800009. Service was given on April 10th of 2023. This case originated as a complaint to our department. On April 22nd, 2022, Investigator Monique Higgins and Supervisor Brad Holmes were investigating separate case CEOCC20220003916. An entry consent form was signed by Andy Stanzac to access his property at 4661 Third Ave Northwest next to the address in violation. Investigator Higgins and Supervisor Holmes then met with the occupant next door at 4681 3th Ave Northwest, Charlie Maurer. Mr. Maurer stated a crew removed a large amount of exotic vegetation by hand. On May 26th, 2022, Division Director Jaime Cook completed a determination stating that a vegetative removal permit was required. Vegetative Removal Permit PL20230009592 was applied for on May 23rd, 2023. The permit was being monitored. A GIS review was passed on September 5th of 2023. An environmental review was rejected on September 20th of 2023. A letter was sent to the owner. Throughout this case, I've had regular communication with both the property owner and the occupant. I sent an email to Mr. Maurer on January 22nd asking for an update. I later received an email confirming his involvement with an environmental firm to address the issues. I'd received a separate permit from Mr. Maurer on January 24th. I forwarded that off to David Roe with Environmental. I spoke with David Roe today who stated that they needed to have a plan showing the wetland location in relation to a driveway as seen on an aerial. David Roe also stated that impacts within 25 feet of wetlands require DEP verification of exemption. As of today, the violation remains. Case evidence: I have an entry consent form that was signed; two photographs taken by Investigator Higgins on April 22nd, 2022, in a share drive I have access to; aerials from the Collier County Property Appraiser dated 2021, 2022, and 2023. CHAIRMAN KAUFMAN: Do you want to -- we need a motion to accept the photos. Have you seen the photos? MS. RICHARDSON: Yes. CHAIRMAN KAUFMAN: Any objection? MS. RICHARDSON: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Ryan, let me -- before we get to the photos, I'm a little confused on the explanation. There's a piece of property. MR. CATHEY: Yes. CHAIRMAN KAUFMAN: A big piece? Five acres? Two and a half? What? MS. RICHARDSON: 2.7. CHAIRMAN KAUFMAN: Okay. That's out -- and the property had trees removed from it. MR. CATHEY: Yes. CHAIRMAN KAUFMAN: You mentioned a residence -- a resident; is that correct? BOARD MEMBER CURLEY: He mentioned somebody named Mauro [sic]. MR. CATHEY: Mr. Maurer is the occupant of the residence in question today -- or the residence -- the property we're dealing with today. Mr. Maurer is the resident there. CHAIRMAN KAUFMAN: Is that the same place where the trees were removed from? MR. CATHEY: Yes. The photos that were taken were taken by the complainant next door, from the complaint's property next door at 4661. The address we're dealing with here in this case is 4681. CHAIRMAN KAUFMAN: Okay. So you have somebody living at this parcel where the trees were removed from; is that correct? MR. CATHEY: That's correct. There's a house. He resides there. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: There was vegetation removed. CHAIRMAN KAUFMAN: So now when I see the pictures, you can describe that. We'll go from there. MR. CATHEY: I can. CHAIRMAN KAUFMAN: Yes, thank you. MR. CATHEY: Okay. This was the entry consent form that was signed; at the property next door. Photos from Investigator Higgins showing the clearing area, and then for your reference this is the 2021 aerial. Then we have the 2022 aerial, and an aerial from 2023; '21, '22, and '23. BOARD MEMBER CURLEY: Did you get the first picture after the consent form? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: So that's a picture -- MR. CATHEY: This is a picture from the complainant's property looking at the violation property. CHAIRMAN KAUFMAN: Okay. The trees are up there. Those are not trees that were removed or they are? MR. CATHEY: Vegetation was removed around this area. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Obviously some vegetation was left. But you can tell from the aerial -- CHAIRMAN KAUFMAN: Now, you're allowed to remove -- if you have a building permit, you can clear up to one acre. MR. CATHEY: You can. According to the determination from Jaime Cook, more than an acre was cleared at this point. Jaime Cook's determination stated the removal permit was required. CHAIRMAN KAUFMAN: If it's over an acre, correct. Okay. MR. CATHEY: This was a determination done -- CHAIRMAN KAUFMAN: I can't see the writing from here. But did he say how much was cleared according to the determination? MR. LETOURNEAU: Go back down to the bottom. It's short and sweet. MR. CATHEY: Right here, Jaime Cook stated, based on current aerial, over one acre has been cleared, and then her additional comments. BOARD MEMBER AYASUN: Over one acre. MS. RICHARDSON: A little further down. MR. LETOURNEAU: So, basically, what she's saying is that she needs to get either a combination of a vegetation removal permit and building permits to cover the additional tree removal or mitigate and replant the areas. CHAIRMAN KAUFMAN: And I'm guessing that the area that was removed is covered by a building permit that's going in. MR. CATHEY: There are -- there's a permit for a carport-type structure that's going to be behind the property. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Is this like storing -- what are those trucks in that first picture that we went back to that I asked you to go -- are those trucks in storage containers that are always on that property, or is this -- MR. CATHEY: So one of the separate cases was addressing the shipping containers, which required -- were required to be permitted. The pole barn structure that's being built and permitted is going to -- is what is going to store all the shipping containers, basically, is my understanding. BOARD MEMBER CURLEY: This was really lush for the neighbors, and then to have a storage parking lot next door where all their live oaks used to be. BOARD MEMBER RUBENSTEIN: Question for Ryan. What year was the house built? MR. CATHEY: I would have to confirm that for you. MS. RICHARDSON: My recollection is early '80s. BOARD MEMBER RUBENSTEIN: I'm sorry? MS. RICHARDSON: My recollection is early '80s. BOARD MEMBER FUENTES: Ryan, any cypress trees removed? MR. CATHEY: I'm sorry? BOARD MEMBER FUENTES: Any cypress trees that we know of? MR. CATHEY: Not that I'm aware of. CHAIRMAN KAUFMAN: Okay. Is your presentation complete? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Okay. Okay. Your turn. MS. RICHARDSON: Good morning. I am Tracey Richardson. I am the owner of the property. This is Charles Maurer. He is the occupant of the property who has also been involved in doing all of the property enhancements. So I'm going to turn it over to him. If you have any further questions for me, please feel free to contact me. CHAIRMAN KAUFMAN: Okay. MR. MAURER: I want to try to give some clarity to this because I know there's some confusion. The -- what was cleared was exotics, okay, and there were some downed trees from previous storms. So what originally happened was -- because there is three cases here, and I want to kind of make sense of this. Currently -- to answer your question, that's not how it looks currently. When I cleared all of that, I planted $10,000 worth of fishtails that are now 30 foot tall on the property line in between us and the neighbor. I have since spoken to the neighbor who's actually really happy and didn't know that was happening at the time. But what was cleared were downed trees and exotics. When these cases came to light, I hired an environmentalist consultant, Tropical Environmentalist, to come out and do a survey of the property, which Ryan has an attachment of, I believe, that he can provide. MR. CATHEY: I can, yes. MR. MAURER: Yes. And this was back in 2022 when the violation -- when I was made aware of the proposed violation. And in his review, he posts that no native species were cleared. It was all exotics. He did soil tests. He did sample tests. I paid him to do all of that, a survey of the property. We then went back and forth. Ryan's been great. I've had four or five inspectors on this and two or three bosses and environmentalists. They said you need to send in a VRP and use this environmentalist consultant, who's the expert, as an attachment or an exhibit to the VRP. I submitted that. That is attached to the VRP. They then rejected it and said that you need to call the DEP, okay. I did that, and -- because I'm confused by the whole thing, and the DEP said based on the comments about applying for an Environmental Resource Permit, also known as the ERP, we can't facilitate DEP review of the site in that manner because there aren't plans to build in the wetlands in the north site. For the same reasons, we can't apply for a verification of exemption since there aren't any building plans for that area. So to get rid of the confusion as far as the area of the shipping containers, there is an active building permit in place, because they all go together. That's what these three infractions are, to build a barn in the back, kind of like a barn-dominium that you see, that includes the shipping containers as a part of that structure. I can't get that permit because the VRP is holding it up. So the issue is, until this VRP situation is rectified, I can't get the other permits, which they're already in, all the drawings and all the engineer drawings are done. I want all the trees I can get. If you could see a current picture -- which I should have provided -- it's beautiful. The issue I'm running into now is nobody really knows what to do. So I re-hired the same environmental firm, because he, as the expert in it, was confused. He has called Mr. Roe, the head of environmental or the reviewer -- I don't know his exact title -- multiple times and also emailed him two days ago, all of which Ryan was cc'ed on. And his email basically said, I've went through your comments. You're asking to call the DEP. The DEP has nothing to do with this because there's not an active building permit for the wetlands. So this is where it gets even more confusing. There's the wetland issue, which is DEP, then there's the VRP. And, again, Jeff, maybe you can help explain it better. But basically what's going on here is we're at a stalemate. Anything that Ryan or the county's asked us to do, we did. We filed the permits. We did everything we're supposed to do. I only cleared invasive species. I hired a firm to verify that. They sent in a report. I attached that to the VRP. They then rejected the VRP and said that you need to call the DEP. That was literally the comments. The DEP said this has nothing to do with us, so then I really got confused, so I went back to the environmental firm and said, can you help me with this? He reached out to the DEP himself, and that's where he came up with his -- which was in the email to Ryan, and I'll read it again. This is to the reviewer, David Roe with the county. Based on your comments about applying for an ERP, we cannot facilitate DEP review of the site in that manner because there aren't plans to build in the wetlands in the north of the site. For the same reasons, we can't apply for a verification of exemption since there aren't any building plans for that area. So where I am at is at a stalemate because, like I said, we have filed everything. They rejected the VRP. They said, call the DEP. Called the DEP. They said, this isn't us. So now I'm back to hiring this environmental consultant. I have given him full autonomy to do whatever it takes to rectify this every step of the way. Ryan's been great. We've been in constant communication. So, basically, I'm at the point now where we have asked Ryan if we could have a sit-down meeting with David Roe to figure out exactly what they want me to do here, because that's where I'm confused. Like I said, he submitted his report where we only cleared exotics. No cypress trees were removed. There were some dead trees from previous storms that were removed, and that's kind of where we're at presently, if that makes any sense. I know it's very confusing. BOARD MEMBER CURLEY: I have one question. MR. MAURER: Yep. BOARD MEMBER CURLEY: So you submitted the report from your environmentalist stating that no -- only invasive trees were -- after the invasive tree removal was done? MR. MAURER: Correct. BOARD MEMBER CURLEY: And who did that? MR. MAURER: Who did what? I'm sorry. BOARD MEMBER CURLEY: Did you get a permit to clear those invasives? MR. MAURER: You don't need a permit to clear invasives. BOARD MEMBER CURLEY: I'm asking who did that. MR. MAURER: Oh, I own a company that did it. MR. CATHEY: The exotics were cleared by hand, right? MR. MAURER: Yes. CHAIRMAN KAUFMAN: If it was done by machine, that's a different -- MR. MAURER: Correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: How do you know, though? Did you take pictures of it all? MR. MAURER: Of what? I'm sorry. BOARD MEMBER CURLEY: It's nice that you're telling the story. It makes sense to follow the timeline. But do you have evidence of what you did? Because they're stating that it was cleared without -- that it's -- the county is saying that your property was cleared. MR. MAURER: No. What they're stating is that I cleared more than one acre, right? They're not -- they're not stating what the species were that were cleared. They're just looking at aerials. BOARD MEMBER CURLEY: You don't have -- MR. MAURER: No, and that's where I'm stuck is I wish I did. I wish I could say, hey, here it is. We just went in there and cleared pepper and acacia and all that stuff. MR. LETOURNEAU: When you cleared, what did you use to clear it? MR. MAURER: Oh, it was all hand stuff. We had machinery out there to offload the stuff that was cleared, but it was all cleared by machetes and power tools and chain saws and stuff like that. BOARD MEMBER CURLEY: Stump grinding, too. BOARD MEMBER FUENTES: The problem is that the aerials show pines. CHAIRMAN KAUFMAN: No, it shows the pines that are there. BOARD MEMBER FUENTES: Were there. CHAIRMAN KAUFMAN: Are those trees that were in that picture gone now? MR. CATHEY: Not to my knowledge. CHAIRMAN KAUFMAN: So they're still there? MR. MAURER: Yes, they are still there. CHAIRMAN KAUFMAN: Okay. So it's hard to take a picture of something that's not there. BOARD MEMBER CURLEY: I asked if he took a picture of his work that he -- MR. LETOURNEAU: Yeah. She was asking about during the tree removal, if they could prove that those were all exotics and -- MR. MAURER: No. And to answer your question -- sorry to interrupt. The reason -- because I knew that was going to be a question. That's why I brought in this firm after the fact, because I didn't have those pictures. They did soil samples and they took -- again, he can pull up the report. But it's a pretty long, extensive report where they take the mirroring properties and what's on those properties in comparison to mine. Like, I had five acres next to me that is not cleared, and they create a report based off of the clippings on the ground, based off of the soil. Again, I'm not an expert on it. And his report surmised that only exotics were cleared. So we were operating under the assumption that when they attached that to the VRP, the existing environmental reviewer, who's not there or the head -- I don't know how that works -- said just attach that to the VRP, we'll approve the VRP, then you get the other permits finalized, we're done. Then it got resent in, and that's where we're at. CHAIRMAN KAUFMAN: Let me ask, should this come into a violation, what can you possibly write to rectify the situation? MR. LETOURNEAU: It's the normal obtain all required building permits, inspections, and CO and mitigation plans to either keep the property as-is or restore it to its originally permitted condition. CHAIRMAN KAUFMAN: And that's the rub. The original property had exotics on it. MR. LETOURNEAU: Well, I mean, yeah -- alleged, yes. CHAIRMAN KAUFMAN: And the property adjacent to it has exotics on that property. MR. MAURER: Correct. If you could pull up the port, Ryan, it might help them with pictures where he did the comprehensive analysis. BOARD MEMBER CURLEY: But you live there and you don't have any pictures of your front yard. MR. MAURER: No, I have pictures on my phone of my house, but nothing was in the front. This is all in the rear of the property. BOARD MEMBER ELROD: I have a question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: If the permit is issued for the building in the back, is he -- would that take care of the amount of land? MR. LETOURNEAU: Possibly. MR. MAURER: But, again, I can't get that permit. They won't issue without a VRP. That was our plan, but now we're stuck again. But here you go. There's all the existing. This is how it is now. And he does the site documentation photographs, and the -- MR. CATHEY: Do you know about when these photographs were taken? MR. MAURER: These? MR. CATHEY: Yes. MR. MAURER: 2022, after the clearing. I'm sorry, 2021. BOARD MEMBER CURLEY: It really doesn't mean anything if we can't see what it looked like before. MR. MAURER: If you look, he shows you perimeter pictures. Again, not your point. But keep going down. Does he show the exotics on the neighboring properties? MR. LETOURNEAU: I could counter that by saying there's pine trees on the neighboring properties also. MR. MAURER: No, no, absolutely. That's why we tried -- again, my only argument I could give back was hire a firm to do soil tests. That's all I could do. MR. LETOURNEAU: So I get you're in a Catch 22. I do have the latest corrections letter regarding the VRP, and one of the correction comments stated that it appears the dirt driveway has been placed possibly in the wetlands. MR. MAURER: Correct, and that's also a part of a year-ago's survey that he did, because that got brought up, where he said that it's not, and he provided the aerial and his measurements. MR. LETOURNEAU: Okay. MR. MAURER: And, again, that's why he reached out to David Roe and requested to talk to him and meet with him, because he's confused on it. He did the site survey. All the county is looking at is aerials, obviously. And he did all of his measurements and surveys on site. He's licensed to do that, and he's saying that none of that is in the wetland area. So he's reached out multiple times. And, again, Ryan has the email that he's been attached to, the emails and voicemails, but basically saying that he's characterized the plant species, and he's measured the road -- which is just 89 stone. It's not pavement -- and he just wants to talk to him about what to do now. BOARD MEMBER CURLEY: Well, I'd like to make a motion that a violation exists, because it does. We have the notice. There's more than an acre of trees cleared, and there's no active permits. So for this particular subject, a violation does exist. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Those opposed? Aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: The motion fails. And the person that wants to sit down with Roe -- MR. MAURER: Yes, sir. CHAIRMAN KAUFMAN: -- what is Roe's response to that person? MR. MAURER: We haven't gotten one yet. CHAIRMAN KAUFMAN: Do you think that that might clear this up? MR. MAURER: That's the plan. But, again, my environmental -- he's in the business of restoring, so I'm sure he would love to give me a bill to put plants back and fix everything. He just doesn't know what we're supposed to do here. He's at a loss. And he's reached out to DEP himself. CHAIRMAN KAUFMAN: Well, I think it's confusing enough that we're confused as well. MR. MAURER: Yeah. MR. IANDIMARINO: Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: Tom Iandimarino, Code Enforcement director. I'd like to go ahead and pull this from today's agenda so we have the ability to sit back and look at this, and if we have to bring it back to you, we can bring it back to you. MR. LETOURNEAU: Tom, is that all three cases or just this particular one? MR. IANDIMARINO: Well, I think the other two cases are affected by this one. MR. LETOURNEAU: Yeah. MR. IANDIMARINO: So let's do all three cases, No. 9, 10, and 11. We'll sit down, have a meeting with the owner of the property, the tenant, and our own staff, and if we have to bring it back to you, we'd love to do that. If not, if we can come to a conclusion, we'll do that. Mr. Noell? MR. NOELL: Thank you, sir. If I may, I would be more comfortable if the Board -- and if maybe that would be a continuance for either, you know, 90 days or 120 days just because the Board's already received testimony on that, and so if there isn't a resolution or the mechanism just to come back before the Board and say it's been resolved from the Code Enforcement perspective, and so we ask that it gets withdrawn just because testimony's been taken. I think the proper mechanism would probably just be a continuance for however long you think would be appropriate. CHAIRMAN KAUFMAN: I was going to make a suggestion of what you just said. MR. IANDIMARINO: I'll allow you to do that, Chair. CHAIRMAN KAUFMAN: I'd like to make a suggestion that we pull this -- or the county pulls this until such time that you have your meeting or somebody has this meeting with Roe and see if that resolves the situation. MR. LETOURNEAU: I think Kevin's saying that maybe you guys would be the ones to vote on a continuance, like whatever date you want to bring it back. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to do a continuance on all three cases for 120 days. CHAIRMAN KAUFMAN: Okay. 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. That passes. MR. IANDIMARINO: Thank you, Chair. MR. MAURER: Just so I can get -- we can get clarification, what does that mean? We come back in 120 days after we've met with him if it's not resolved, am I understanding that? BOARD MEMBER RUBENSTEIN: Or sooner. MR. LETOURNEAU: Well, you just gave them 120 days. So what we would do is try to work this out and get it taken care of without bringing it -- having to bring it back. MR. MAURER: That's fine. MR. LETOURNEAU: And if you guys get the approvals from the environmental services, DEP, and all that, there's no reason to bring it back because you'd be in compliance at that point. MR. MAURER: Gotcha, okay. CHAIRMAN KAUFMAN: Okay. MR. MAURER: Thank you guys for your time. BOARD MEMBER AYASUN: Thank you. MS. RICHARDSON: Thank you. BOARD MEMBER AYASUN: That was the best way to do it. CHAIRMAN KAUFMAN: All right. Helen, that takes care of three of them. MS. BUCHILLON: ***Okay. Next case, we are going to old business, B, motion for imposition of fines and liens. First case, No. 1, CESD20210013392, VJL Properties, LLC. MR. LUBACZEWSKI: Hello, everybody. 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. LUBACZEWSKI: I do. THE COURT REPORTER: Your name? MR. LUBACZEWSKI: Irenevsz Lubaczewski. I go by Eric Lubaczewski, E-r-i-c. CHAIRMAN KAUFMAN: Okay. It looks like this case had unpermitted windows and doors, which has now come into compliance? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Is that correct? MR. CATHEY: That's correct. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Proceed? CHAIRMAN KAUFMAN: Go ahead, 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 464, for more information. Violation has been abated as of November 23rd, 2023. Fines have accrued at a rate of $200 per day from July 22nd, 2023, to November 23rd, 2023, 125 days, for a total fine amount, $25,000. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.49. Total fine amount is $25,049.49. This was not health and safety. Respondent did obtain Permits PRSD20230413744 and PRSD20231044159, completed all the inspections, obtained a certificate of completion. I've got no other previous violation or factors here. The only thing I will say on behalf of the respondent is -- and for the Board to take into consideration as far as the fines go, the original permit for the windows was completed August 22nd, 2023. I think there was some misunderstanding and miscommunication that the windows and doors was separate. It was thought that this was all tied together. Respondent did quickly obtain a following -- a separate permit for the doors October 24th of 2023 and had that finished within a month, November 23 of '23. So just for your consideration. I'll turn it over to him. CHAIRMAN KAUFMAN: Okay. You're asking for the fines to be abated? MR. LUBACZEWSKI: Yes. And can I explain the case? CHAIRMAN KAUFMAN: Sure. MR. LUBACZEWSKI: Basically what happened was, you know, we received the time to obtain the permit and finish everything, and we did. We scheduled initial inspection. I just want to come back to the case very quickly. We hired a contractor to find out he's not licensed, and then, you know, we received a letter from Ryan here. And what happened was we had the full shutters permitted, done by the prior owner. I was under the impression that -- you know, contractor told me that we don't have to have a permit -- we don't have to have a permit if we have shutters. They're the protection. We don't have to have a permit for replacing the windows. Obviously, we were wrong about that. But what happened was with the timing, we obtained the permit, we called the inspections for June 1, 2023, which was two months earlier than the timing given by you to meet. And on June 1, an inspector showed up and he realized that the windows are fastened from outside of the -- it has a flange. It was a new construction window, and it was fastened from outside. And the inspector rejected the inspection and asked us to provide documentation of how the windows should be installed from the outside. We contacted the manufacturer. It took them about 30 days to get us the documentation. We also hired an engineer that came and give us a one-page notice that everything's installed properly. We provided that to the county, and we called for a second inspection. Now, I was very closely monitoring that knowing that I'm in violation and I have the time. And the name of the permit, when I opened the permit on the Collier site, it says, shutters, windows, and doors. And in the body of the permit it said, seven windows. You know, I was under the impression, because I was here in front of you talking about windows and doors, I was talking to my contractor about windows and doors, not only that, the inspector that showed up to inspect everything, he actually inspected windows and doors. So nobody ever told us that the permit, even if it said shutters, windows, and doors -- because that's, I guess, the name of the permit, it only had, by mistake, put in windows by the contractor. So we received the documentation from the manufacturer. We called the inspection right away, and the inspection was in August, 22 days later. We received that, and we received the CO, and I was monitoring to close this, and I personally contacted Mr. Ryan on the phone two months later and I say, can you tell me what's going on. We got the CO, and the case is not closed in the system. And he says, oh, great. Thank you very much. And he gets back to me in probably two days and says, listen, we have a problem here. I said, what's the problem? He says, the permit actually is only for the windows. I said, that can't be. I mean, I know it's for the windows and doors and shutters because we were presenting documentation to the county for the windows, for the doors, and for the shutters. And, actually, we were delayed for about 60 days because the shutter was showing that it was permitted by the prior owner, but because it was, you know, a couple years before, I guess the documentation, that you have in storage. So we had to request that from storage, and everything worked out good. And then Mr. Ryan calls me. He says, no, you have to pull another permit. So we -- right away, I flew here. I went to Collier County. We pulled another permit for just the doors, and within 30 days we had the second inspection and obtained the second CO for the doors. So there was two delays. One delay was because, I guess, nobody realized that we have the new construction windows. And when we were presenting documentation to the county, we only presented the installation of those these windows as replacement windows. So that went from June 1 to August. And then when we found out from Ryan, that went to November. But, you know, I would like you to accept the fact that June 1 everything was ready, the inspection was there, and, you know, we were ready. So we wouldn't be extending any days. So that's why I'm asking to waive the fees. CHAIRMAN KAUFMAN: Okay. Get any motions from the Board? BOARD MEMBER ELROD: I'd like to make a motion to deny the county the imposition of fines except for the 59.49 for the fees for today. CHAIRMAN KAUFMAN: Operational costs. BOARD MEMBER ELROD: Yes, operational costs. MR. NOELL: And that would be paid within 30 days? BOARD MEMBER ELROD: Yes, sir. CHAIRMAN KAUFMAN: Okay. I second that. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MR. LUBACZEWSKI: Could I add something else, maybe off the record? I really wanted to thank everybody. I've been here twice, and, you know, the Collier County Building Department, Ryan, was really a pleasure to deal with. So when I'm hearing it takes forever and this and that, I mean, I've dealt with permits in the north, more in Pennsylvania and New York and New Jersey, and it's a really good system here. So you should be proud of what you have and the employees you have. Thank you very much. BOARD MEMBER FUENTES: Good job, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: He gets an attaboy. BOARD MEMBER AYASUN: That was good for a change. MS. BUCHILLON: Next case. We're still under imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Number 2, CELU20220011318, Yohenis Martinez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. MARTNEZ: I do. Terri, I think you have to swear him in as a translator. MR. SMITH: Yeah, I'll help translate. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. SMITH: I do. THE COURT REPORTER: Your name? MR. SMITH: Tracy Smith. CHAIRMAN KAUFMAN: Okay. This is an improved Estates lot with inoperable boats on blocks, the yard, and no registration numbers on the boats, I'm assuming? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. SMITH: I can speak for Joey. Joey Martinez. Yes, this has been going on for quite some time. He's had some boats on the property that some of them didn't have registration or tags or what have you. This goes back a number of months, I think, correct? You know, he lives -- he lives out off 11th, way out in Golden Gate. And, you know, 10 years ago, that was a long ways out there, you know. So there's been a -- back when he bought the house in 2013, he kept a lot of stuff out there, and so did many others. You know, they treated the property as more storage and things of that nature. But either way, he's learning over the years and trying to comply with Collier County's, you know, eyes on him. So I can only vouch that he's already completed and gotten his proper tags for these boats and so on and so forth. So he's working diligently on trying to get that completed for Collier County Code Enforcement. So he's got a new plate today for only one of the boats that was left in existence to have the proper tag on it. So I think we've complied up to today's date. It's more about the fines that were occurring over the last few months. You know, we'd like to have that same leniency. We all work for a living, and so does Joey, and life gets in the way, but, you know, he's done his best to get -- CHAIRMAN KAUFMAN: According to our paperwork, it's still not into compliance; is that correct? MR. MARINOS: As of reinspection yesterday afternoon, we were not in compliance at the time. CHAIRMAN KAUFMAN: Not -- not in compliance? MR. MARINOS: Yeah. I've got some testimony from him that means it may be in compliance now. I cannot say that I've been out there to inspect. I cannot confirm that we are in compliance in any way, shape, or form. CHAIRMAN KAUFMAN: Okay. What we can do here is one of two things. We can impose the fine or grant a short amount of time to come into compliance. MR. SMITH: Sure. CHAIRMAN KAUFMAN: So to dismiss it now, that's not in the cards. MR. SMITH: Sure. CHAIRMAN KAUFMAN: Okay. So anybody want to take a shot at this? MR. SMITH: Just one last question. CHAIRMAN KAUFMAN: Sure. MR. SMITH: What are we left to do yet? If I've received that one plate for the one boat trailer, that would bring us into compliance, correct? MR. MARINOS: So all the boats on the property need to be registered, proper FL numbers, everything like that, unless they are up on a permitted, registered trailer in operable condition registered to a legal resident of the property. MR. SMITH: Gotcha. So we've got all that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So you're one plate short? MR. SMITH: And he has it here. He attained it morning while he was making his trip here. MR. MARINOS: As of the reinspection yesterday, there was two vehicles without plates on it at the time. I have testified that one has been moved, and at the time they said it was going to be gone that day as well, but since there was two, we were still in violation. CHAIRMAN KAUFMAN: Okay. And that's what's before us. MR. LETOURNEAU: We have no objection for a continuance till the next hearing. BOARD MEMBER CURLEY: I make a motion to continue for -- well -- CHAIRMAN KAUFMAN: Thirty days. BOARD MEMBER AYASUN: Thirty days. BOARD MEMBER CURLEY: -- thirty days or till the next meeting. BOARD MEMBER AYASUN: Second. MR. NOELL: And then does that also order operational costs, or no, to be paid within 30 days or not? CHAIRMAN KAUFMAN: The whole thing. MR. NOELL: Okay. I just need to hear that on the motion so I can put that in the order. BOARD MEMBER CURLEY: Well, the previous assessed fees should have been paid today. BOARD MEMBER FUENTES: Oh, they have not been paid. BOARD MEMBER CURLEY: 59.28 needs to be paid today before -- BOARD MEMBER FUENTES: Well, we -- typically, we wouldn't -- BOARD MEMBER CURLEY: Okay. The operational costs for today will be forwarded, will be not -- will be not counted because we're continuing this. BOARD MEMBER FUENTES: But prior were not paid. BOARD MEMBER CURLEY: He's 59.28. That's okay. There's no rule. We have the discretion to do it. Let's -- MR. SMITH: We don't even mind paying today. We just want Mr. Martinez to kind of be satisfying everything he needs to get done. BOARD MEMBER CURLEY: So I'll restate my motion. I'll make a motion to extend this for 30 days, and please request that the 59.28 from last -- previously assessed operational costs are paid today before you leave the property, and then we'll forego the fees for today till next month. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. It passes. BOARD MEMBER CURLEY: And could somebody help him make sure he knows what he owes today? MR. MARINOS: I will speak to him on the outside and explain in detail. CHAIRMAN KAUFMAN: Okay. Very good. MR. SMITH: Thank you very much. MR. MARTINEZ: Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Helen? MS. BUCHILLON: ***Next case, No. 4, CEV20230001500, Gloria May, and she has two more cases to follow. BOARD MEMBER AYASUN: Four, 5, and 6. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. MAY: I do. THE COURT REPORTER: Your name? MR. MAY: Joshua May. CHAIRMAN KAUFMAN: Just so I know we're on the right one, this case ends in 500, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Number 4 on the top. CHAIRMAN KAUFMAN: This one is in compliance; however, the previously assessed operational costs for the last two times it was heard have not been paid, unless there's an update. MR. MARINOS: Yeah. Mr. Kaufman, if I could read this into the record. There's been updates to these since that time for all three cases. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: So past orders: On May 25th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6272, Page 210, for more information. On October 26th, the Code Enforcement Board granted a continuance. See attached order of the Board in documents and images for more information. The violation has been abated as of January 12th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day from the period of June 10th, 2023, to January 25th, 2024. Excuse me, that's incorrect -- January 12th, 2024, for 230 days, for a total fine amount of a $32,550. Fines -- fines do not continue to accrue. Previously assessed operational costs of $59.28 and $59.42 have been paid. Operational costs for today's hearing is $59.42, for a total fine amount of $32,609.42. The gravity of the violation was not health and safety. Any actions taken by the violator to correct: All violating vehicles removed from the premises to a site intended for such use. Any previous violations committed by the respondent/violator: We have adjudicated case numbers CENA20230000262 and CESD20230000280, both to be heard immediately following this. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please. MR. MAY: Josh May. I'm Gloria May's son. About a year ago my dad passed away. I grew up at that house. It was built in the '80s. I was unaware of any of these violations. Unfortunately, my mom and I aren't the closest. I mean, we do live in the same town. I don't talk to her all the time. I called her around December, and she wasn't very coherent. Apparently, she might have some early dementia. I found out about all this stuff because it was all over the house. As soon as I found out about it, I called Code Enforcement Board to see if I could fix it, and since I've inherited this problem in -- excuse me -- December, I've done my best to clear it up, all three cases. CHAIRMAN KAUFMAN: Do you have her permission as the -- MR. MAY: Yeah, power of attorney. I got power of attorney. I'm also dealing with trying to find an assisted living for her. She's currently in a hospital right now. So I have a lot on my plate. CHAIRMAN KAUFMAN: Okay. I'm looking ahead a little bit. This one is in compliance. There were vehicles on the property, and they've been removed. MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Mr. Kaufman, as you're looking ahead, just be aware, the litter case has been abated as well, so that is now out of date, that you're holding, and the site development case is also slightly out of the date. The operational costs for all hearings previously assessed have been paid as of yesterday. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: All right. So we can get this one off our plate and move to the next one, I'll make a motion to deny the county's imposition of the fines of 32,728. CHAIRMAN KAUFMAN: Okay. I second that. This is the first case? BOARD MEMBER CURLEY: Yes. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So that one's done. ***The next one is 006 are the last three digits, Helen; is that correct? MS. BUCHILLON: Next case is No. 5, CENA20230000262. (The participating parties have previously been duly sworn.) CHAIRMAN KAUFMAN: Okay. This is litter, junk, et cetera, tires. BOARD MEMBER AYASUN: It has been cleared? MR. MARINOS: Yes, sir. BOARD MEMBER BHATLA: Has been cleared. CHAIRMAN KAUFMAN: And according to what I'm holding, this one says it has not been abated. Has it been abated? MR. MARINOS: As of 15:42 or so yesterday, it has been abated. CHAIRMAN KAUFMAN: Okay. For you nonmilitary people, that's 3:42. MR. MARINOS: I apologize. Habit. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Do you want to take action on this one as well? CHAIRMAN KAUFMAN: Do it. BOARD MEMBER CURLEY: I'll make a motion to deny the county's imposition of $34,619.19. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Before we get to the last one, the -- you're waiving the operational costs for today also or -- CHAIRMAN KAUFMAN: He said they were paid up not including today. MR. LETOURNEAU: No, for this hearing. BOARD MEMBER CURLEY: I included it in the total. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Okay. All right. CHAIRMAN KAUFMAN: Wait a minute. My numbers might be wrong. I can back that one up. Let me correct that motion because this total is not the right total because it's got all the old fines standing out. So let me just -- MR. LETOURNEAU: The county's -- I mean, the county's standing policy on these things is, yeah, we have no problem with the waiver of the fines, but we'd like today's costs to be paid if -- just because of the cost that the taxpayer used. BOARD MEMBER CURLEY: Yeah. I will amend my motion to deny the county's imposition of $34,500 fine with today's operational costs of 59.77 due within 30 days. MR. LETOURNEAU: Thank you. MR. NOELL: And is that on Case No. 5, ma'am? BOARD MEMBER CURLEY: Yes. CHAIRMAN KAUFMAN: Case ending in 262. MR. LETOURNEAU: So 4 and 5 so far? BOARD MEMBER CURLEY: Yes. MR. NOELL: All right. So I hate to be the stickler here. If you guys are going to order operational costs in No. 4, procedurally, it would just be a motion to reopen Case No. 4 and then to revisit the issue to order operational -- to waive the fine and order the operational costs for the No. 4 case. I hate to be a stickler, but since you guys -- since the Board's already taken action on it, that's finalized, but you can, in this meeting, revisit it. CHAIRMAN KAUFMAN: I make a motion we reopen Case 20230001500. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We're going to amend this. Go ahead. BOARD MEMBER CURLEY: I will deny the county's imposition of fines at 32,550, with operational costs today for 59.12 to be payable in 30 days. I should have looked at those totals. I'm sorry. MS. BUCHILLON: 59.42 is the ops costs for that one. BOARD MEMBER CURLEY: 59.42, yeah. CHAIRMAN KAUFMAN: There were also the 59.28. BOARD MEMBER CURLEY: No, those were paid. CHAIRMAN KAUFMAN: Okay. We're done on that one. MR. NOELL: And then just -- it would be a second and then all in favor, aye. CHAIRMAN KAUFMAN: Second. All in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NOELL: Thank you for indulging me. BOARD MEMBER AYASUN: No, we have to be correct. CHAIRMAN KAUFMAN: Okay. Which brings us -- MS. BUCHILLON: Next case would be No. 6, CESD -- MR. NOELL: I'm sorry, ma'am. I think No. 5 would need to be then finalized. As you guys were working through No. 5, I don't think the operational costs on that -- BOARD MEMBER CURLEY: Yes. I did that first, and then we went to 4. MR. NOELL: Did the Board already vote prior to that, the operational costs? BOARD MEMBER CURLEY: Yes. MR. NOELL: Okay. Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: Number 6. CHAIRMAN KAUFMAN: ***20230000280, Estates-zoned property, multiple occupied structures without permits. Are they still occupied? MR. MARINOS: No, sir. No, sir. Those have been vacated for quite some time. Permitting issues were the final things remaining. At this point in time, they have removed -- there was a bunch of I would classify them as ramshackle sheds that were being occupied at the rear of the property. Since mid December when Mr. May has begun to take responsibility for this property himself, those have all now been removed in their entirety. The occupiable conversion to the concrete standing detached garage, all the occupiable parts of that have been removed at this point in time. We appear to be waiting for a demolition permit for unpermitted electrical that had been installed previously. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So we need to continue this? CHAIRMAN KAUFMAN: No, you can -- we can resolve this one. This one has a fine of $9,400; is that correct? MR. MARINOS: As of this point in time, previously assessed operational costs 59.35 have been paid. Operational costs for today's hearing $59.49, for a total amount to date of $9,459.49. CHAIRMAN KAUFMAN: 9,400 -- MR. MARINOS: And fifty-nine dollars and 49 cents. So the accrued fine of 9400 plus today's operational costs. CHAIRMAN KAUFMAN: Okay. Sue, you're on a roll. BOARD MEMBER CURLEY: I can't do this because the -- there's still an outstanding demo permit. Is that going to hold this -- is that holding this up? MR. MARINOS: Yeah. The violation is not currently abated. We have made significant progress in the last month or so after being at a complete standstill for quite a long time. But we are not completely abated at this time. BOARD MEMBER CURLEY: So should we continue this for a month? You'll have to come back. MR. MARINOS: I believe that would be pertinent. We obviously can't close it out before we have abatement of the violation. CHAIRMAN KAUFMAN: Okay. That's correct. BOARD MEMBER CURLEY: I'll make a motion to continue this for 30 days. 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. We'll see you next month. MR. MARINOS: Thank you very much. I appreciate you putting up with the very rapidly changing information that we had to present here. CHAIRMAN KAUFMAN: That's okay. Which brings us to? MS. BUCHILLON: ***Number 7, 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: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MS. VERDECIA: I do. MS. PUPO: Yes. My name is Irianny Pupo. I'm not only translating, I've also been the one who's been dealing with this whole thing. CHAIRMAN KAUFMAN: Okay. Can you two young ladies state your name on the microphone. MS. PUPO: My name is Irianny Pupo, and this is Limbania Verdecia. CHAIRMAN KAUFMAN: Okay. And you're going to be translating for her? MS. PUPO: Translating and explaining and everything. CHAIRMAN KAUFMAN: Okay. What did Lucy Ricardo used to say? You've got a lot of splaining to do. MS. PUPO: I do. CHAIRMAN KAUFMAN: $108,259 worth. BOARD MEMBER AYASUN: Oh, boy. CHAIRMAN KAUFMAN: Okay. Ryan. MR. CATHEY: For the record, Ryan Cathey, Collier County Code Enforcement. MR. LETOURNEAU: Ryan, can put it up on the board, please. MR. CATHEY: It is. MR. LETOURNEAU: Thank you. MR. CATHEY: There we go. Past orders: On April 28, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6161, Page 3454, for more information. November 17th, 2023, Code Enforcement Board granted a continuance. See attached order of the Board in documents and images for more information. Violation has been abated as of January 19th, 2024. Part 1 of the order was abated as of May 27th, 2023, with no fines attached to that part. Part 2, fines accrued at a rate of $200 per day, period July 28, 2022, to January 19, 2024. Total fine amount, $108,200. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.49. Total fine amount is $108,259.49. This was health and safety. Part 1 of the order was complied by ceasing and desisting of the occupancy of the lanai area with unpermitted alterations. They then obtained Permit PRFH20220522372, completed all inspections and obtained certificate of completion. No previous violations. No other factors. That's all. CHAIRMAN KAUFMAN: Okay. This was an unpermitted conversion -- the garage conversion in 2022. That's a long time ago, 541 days. MS. PUPO: Okay. So basically, we've been -- since everything was brought up by Code Enforcement, we've been working along to get everything permitted and get everything up to code. We encountered a lot of issues down the road with contractors, and mainly the biggest problem was with the architect or the supposed architect. This person turned out not to be licensed, and we didn't know. He was working under somebody else's license, which we had no idea. So when we came to ask -- you know, to find out all of this, we're looking for this guy. It turned out we hit a rock in the road when he put something wrong on the plans. He put that the windows were impact windows, and they weren't. They were shutters. Previously there. So there had to be some changes on the paperwork with the county, all of that. We started looking for him, because we were told he had to do it. He had to do the corrections, not us. So this is only doing it all by myself. She was in Cuba all along. She was being held in Cuba for five years. And her husband -- they were separated -- he went to Texas. So here I am stuck with all of this. I'm trying to get everything up to, you know, how they wanted it, Bradley and Ryan, trying to get everything done. This guy just disappeared. We couldn't get ahold of him. I had -- we sat in front of his office for days going constantly, called him, text him, we couldn't get hold of them to do the correction, and that's what held us up for so long. Finally, one day we go to his office, it's empty. There's nobody there. Everything's gone. We had no way of getting in contact with him. Someone, a friend of mine, suggested, why don't you go up to the county and ask if you can do the corrections. I said, I don't know if I can do that because I keep being told that it has to be by the person who did the plans, which was the architect. So I ended up going to the county. They said, based what's going on, yes, you can do it. And they allowed me to do the corrections. I submitted everything that they needed, all the information, all the codes, everything they needed, and they allowed me to do the corrections, and then we were able to move forward again. You guys allowed me to get everything corrected by today, and so I did. So I tried. It's just been a hassle with contractors and false people. I went up to the county and I stated his name, I said, this is the person we thought was an architect and it turned out it's not. They don't even know who it is. They can't even find him. And, apparently, this guy's been doing this to various people. We have no way of now knowing where he is or contacting him, or the county doesn't have either because the phone number that I have for him is not any number that we can reach him at. So that presented a long period that we were stuck. We didn't know what to do. We didn't know how to fix this till, you know, I went there, and then we were able to move forward. But we did get it done within the time that you guys gave me. It was just a matter of a rock, a really big rock that held me back. BOARD MEMBER CURLEY: So I remember this case. I remember when you first came here, and the fines were already accruing, and you didn't even -- you weren't even up to speed, so we had to always give you time, a year, year and a half, whatever it was. And so see -- you may have had it done, but what we're looking at is that we see that since July of '22 the fines have been accruing. And I know we have people come back here all the time and we say, well, come back and ask for more time, and it sort of stinks because the fines are still accruing every day as it takes your time. So what we're looking at is a big bill, and we're trying to refresh our memories about the history of the case. And I do remember you, and I do -- MS. PUPO: I do. And certainly -- I do remember you as well. But it wasn't many times. It was just one time that I came. And I'm not sure if maybe the recollection is a little off, but I just came one time and asked for time one time, and that was in November when I came and asked for time one time. You guys granted me and said, you have until we meet again January 25th, and I did it. I did it before then. BOARD MEMBER FUENTES: So I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'll make a motion that the county fines get reduced to $200 that need to be paid within 30 days and that today's operational costs of 59.49 also get paid within 30 days. Total amount would be $259.49 to be paid within 30 days. BOARD MEMBER AYASUN: Second. MS. PUPO: I appreciate that. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any more discussion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PUPO: I appreciate that. Thank you so much. I appreciate it. Thank you. Thank you, guys. And I will say one more thing, like the gentleman before, I do think you guys are great. I do think that the system is working. Not -- I'm sorry, Susan, not -- you, too. You guys are doing a good job. I honestly do think so. I've heard other cases, and it's a lot. What you guys are dealing with is a lot. So I just wanted to say thank you, and I do appreciate what you guys do. CHAIRMAN KAUFMAN: Could you recommend us for a raise? MS. PUPO: Who do I go to? CHAIRMAN KAUFMAN: Right there. MS. PUPO: Oh, sir, you definitely do. BOARD MEMBER FUENTES: Why don't we start at six figures here. What do you think? MS. PUPO: Thank you, guys. CHAIRMAN KAUFMAN: He's just told you he's going to double it. BOARD MEMBER FUENTES: Yeah, what's double of zero? Zero. CHAIRMAN KAUFMAN: There was somebody in the past, yes. BOARD MEMBER AYASUN: Off the record. She thought I was -- exactly looked like her uncle in Cuba. My decision had nothing to do with it. CHAIRMAN KAUFMAN: Do you know her mother? BOARD MEMBER AYASUN: No, don't know nobody. BOARD MEMBER FUENTES: You could be the daddy. BOARD MEMBER AYASUN: Oh, my. I got myself in trouble already. BOARD MEMBER CURLEY: Moving on wisely. MS. BUCHILLON: ***Next case, No. 8, CESD20220001438, Francisco Santiago Ramirez. 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. BLANCO: 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. PITURA: I do. MR. RAMIREZ: I do. THE COURT REPORTER: Your name? MS. BLANCO: Margaret Blanco. MR. RAMIREZ: Francisco Santiago. CHAIRMAN KAUFMAN: I'm sorry. I can't hear you. What's your name? MR. RAMIREZ: Francisco Santiago. BOARD MEMBER AYASUN: He is the case. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. PITURA: For the record, Tom Pitura, Collier County Code Enforcement. Past orders: April 28th, 2022, the Code Enforcement Board issued 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 attached order of the Board, OR6130, Page 2953, for more information. On August 24th, 2023, the Code Enforcement Board granted a continuance. See attached order of the Board in documents and images for more information. The violation has been abated as of November 2nd, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $70 per day for a period from October 29th, 2022, to November 2nd, 2023, 370 days, for a total fine amount of $25,900. The previously assessed operational costs of 59.28 and 59.35 have been paid. Operational costs for today's hearing is 59.56. Total amount is $25,959.56. CHAIRMAN KAUFMAN: Okay. MR. PITURA: Let me finish. The gravity of the violation is not health and safety. Any actions taken by violator to correct: They have removed all the structures. Demolition Permit PRDB20230836627 has been finaled. Any previous violations committed by the respondent/violator has been none. And any other relevant factors is none. CHAIRMAN KAUFMAN: Are you done? MR. PITURA: Yeah. CHAIRMAN KAUFMAN: Okay. This has taken a while, but you have come into compliance. So you are requesting? MS. BLANCO: Yes, to have the fees waived. Francisco, a lot of things were beyond his control. He had to leave in an emergency family out of the country, and so he was trying to deal with taking care of this and being over here at the same time, but the time was -- took a long time for him to get the permit and do all this being in another country. But he got it done as fast as he could. CHAIRMAN KAUFMAN: Okay. Comments from the Board? BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I will make a motion that the county's fines get reduced to $200 and that today's operational costs of 59.56 also get paid within 30 days. Total amount would be $259.56 to be paid within 30 days. 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PITURA: Thank you. MS. BLANCO: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Next case, No. 10, CESD20210004950, Carlos Valdes and Dulce Valdes. BOARD MEMBER FUENTES: Sorry. Did we skip No. 9? MS. BUCHILLON: They're not here. CHAIRMAN KAUFMAN: So they'll be heard last. BOARD MEMBER FUENTES: Got it. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. VALDEZ: Yes, I do. CHAIRMAN KAUFMAN: Good morning, Joe. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Do you want to read this one into the record for us? MR. MUCHA: Yes, sir. For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. Past orders: On January 27th of 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6095, Page 3275, for more information. On July 28th of 2022 and on April 27th of 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has not been abated as of January 25th of 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from May 28th of 2022 to January 25th of 2024, for 608 days, for a total fine amount of $121,600. Fines continue to accrue. Previously assessed operational costs of $59.28 and $59.35 have been paid. Operational costs for today's hearing is $59.77 for a total amount to date, $121,659.77. CHAIRMAN KAUFMAN: Okay. Ma'am. MS. VALDEZ: Good morning. Dulce Valdes. Where are we at with this? CHAIRMAN KAUFMAN: Well -- MS. VALDEZ: First, I would like to state that this is Chokoloskee Island, and I know that this is difficult to understand. Chokoloskee Island, nobody really understands the setbacks, the guide -- the roads. There's a road behind the business that, till this day, nobody knows it belongs. It could be the Hamiltons, it could be the residents, it could be the business owners. Nobody still knows. There was a neighbor that didn't like the gas tanks where they were at. She called Collier County. We finally got done with Balgas who became Amerigas who finally was able to move them to the adjoining lot that I have. That has been done. That has been resolved. We've passed that permit. There was a small hand-washing sink that has been removed, a maybe 2-by-3 piece of platform of wood in the bottom that has been removed, stairs leading to the road in the back that have been removed. Everything is up to date. Now, the thing with Chokoloskee is -- I don't know if maybe the church of Chokoloskee has been up here in the Board requesting for a Site Development Plan, but we did a Site Development Plan, and now we need a Site Improvement Plan. Mr. Jamie Fratz [sic], Jaime Cook, and Mr. Cormac [sic] have agreed that if we provide these plans that we can resolve the issue at this point. Claudine Auclair is the one that's been helping me with this, because this was more than my husband and I can handle. What we are exposed to in the island is really complicated. So what we did was we hired a professional. She's worked with Collier County for over 30 years. She retired. She opened her own firm. We hired her because she knew what to do. Now we have reached out to Peninsula Engineers, who I've been working with since day one, who literally got the church approved for a new church, and hopefully we can get these plans approved by planning and zoning. This is a very, very old wood building sitting on an island that no one can make any ends -- you know, nobody understands what's really happening there. It used to belong to Monroe County. Monroe County oversaw Chokoloskee Island. When it became too far for Monroe County, it was then given to Collier County. And to be honest with you, Collier County, after Irma and after this last flood which we got hit by everything, and we have to deal with engineers, architects, and contractors and everyone from Naples which do not want to go down there. That's the last thing they want to do. They don't want to travel to Chokoloskee Island and spend half a day or most of their day dealing with a mom-and-pop place. So we've been dealing with that, too. We've been dealing with trying to hire people that make sense of all this. And it's not lack of us trying, I promise you that. And I think that Joe can vouch for that. But it's timing. It's all about people taking forever. CHAIRMAN KAUFMAN: Well, we're in a position now -- this has not been abated, so there's only two things that can be done, and that's to impose the fine -- impose a fine or grant some sort of delay on this one. MS. VALDEZ: If you don't mind, sir, I know that every time we come up, it's like you guys try to help us by giving us time, and the truth is that giving us time, it doesn't help the issue, to be honest. Everybody thinks they've got six months to work with. They forget about it. They put it behind a pile. If I can come every month and be checking with you -- and I know you laughed at the other gentleman being honest, but I want to be honest. I want to be able to check with you. I want to be able to give you, yes, I did get ahold of Peninsula. Yes, Peninsula is working on the plans. I can show you an invoice; I can show you many invoices. That's not it. But I could probably keep people more attentive to the matter than every time we give them six months, they totally forget about the whole deal. I'd rather just come to you every month if you allow me to and let you know what is happening and how we're going to close this deal. We literally had to sit in front of Balgas who then turned Amerigas who closed the deal on us and beg them to please, please move the tanks. We had to dig the trenches ourselves, let them know that it's not going to be a week thing. It was going to be -- it only lasted a day and a half for them, because of everything that we did to help them. BOARD MEMBER RUBENSTEIN: I have a question, Mr. Chair. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Did you ever think that the work that you did required a permit? At any time? MS. VALDEZ: Which? BOARD MEMBER RUBENSTEIN: That you were originally cited for. MS. VALDEZ: Well, we've had the business for over something 20 years, and in Chokoloskee Island -- BOARD MEMBER RUBENSTEIN: I'm familiar with it. MS. VALDEZ: Thank you. You probably visited our place. BOARD MEMBER RUBENSTEIN: I have. MS. VALDEZ: Thank you. So -- BOARD MEMBER RUBENSTEIN: But the work that they wrote you up for -- MS. VALDEZ: Yes, for the gas tanks. BOARD MEMBER RUBENSTEIN: For everything that they cited you for, did you ever think that you required -- that a permit was required? MS. VALDEZ: No, and I'll tell you why. BOARD MEMBER RUBENSTEIN: But you've been there for years? MS. VALDEZ: Yes, and I have, and this is exactly why. Everything was a handshake. Everything was easy. And it all came up after a new resident, which is no longer there. So we had this back road. And the road literally belonged 20 feet for us and 20 feet for the neighbors. BOARD MEMBER RUBENSTEIN: Yeah. I remember this case from earlier, on one of the continuances, that you were supposed to provide a current survey. MS. VALDEZ: We have them. BOARD MEMBER RUBENSTEIN: And it was supposed to be submitted, correct me if I'm wrong, to the county -- MS. VALDEZ: Yes. BOARD MEMBER RUBENSTEIN: -- to see how that overlaid on your existing plot. MS. VALDEZ: Yes. And we did that. All that has been done. BOARD MEMBER RUBENSTEIN: And is the survey in compliance with the property? MS. VALDEZ: Well, we are in compliance now. When they did the actual survey of measuring every single item, even a bicycle wheel, we went ahead, and the things were approved that were outside the line, the small hand sink, the stairs -- BOARD MEMBER RUBENSTEIN: Okay. MS. VALDEZ: -- all that, and even the Balgas tanks. They were actually moved to the next -- property next to us that we own because it was leased by the post office. BOARD MEMBER RUBENSTEIN: Yeah. You were looking to either do a variance or redefine the property lines. MS. VALDEZ: Yes. Now that was not done? BOARD MEMBER RUBENSTEIN: So was that done? MS. VALDEZ: No. They wouldn't accept it. So what we did was there's a philanthropist, and he donated a church to Chokoloskee, and he found a loophole. He found out that if we do a Site Improvement Plan, that we can rearrange what's happening in Chokoloskee, and then that be approved to pass a permit. I have paid lots of fees, lots of money to get variances to do all kinds of different things, but it doesn't comply with Chokoloskee. It doesn't work in Chokoloskee. When the state -- when the county took over, the lines were all moved. The state owned it. The county bought it, or took it over. All the lines were improved -- they were put right on the buildings. The church was right on the line. And this is why they had to do that Site Improvement Plan, because they can't build a new church. And, again, we get floods. We get hurricanes. We're destroyed through all this. Naples got destroyed, and, of course, Naples came first. BOARD MEMBER RUBENSTEIN: Okay. Thank you. MS. VALDEZ: You're welcome. BOARD MEMBER RUBENSTEIN: Joe -- MR. MUCHA: Yes, sir. BOARD MEMBER RUBENSTEIN: -- the work that was done that was unpermitted, was it done to code? MR. MUCHA: I don't know because it's never been inspected. MS. VALDEZ: Well, it has, but it wasn't provided. Balgas -- MR. MUCHA: No, I'm not -- I'm not speaking on the propane. There was some other items there. There was the addition with the bathroom and -- MS. VALDEZ: All that was going to be part of the -- MR. MUCHA: No, that's all part of your Site Improvement Plan. MS. VALDEZ: Yep. MR. MUCHA: But until that gets approved, they can't get the building permits for it. MS. VALDEZ: Exactly, exactly. So until the Site Improvement Plan is not approved by Planning and Zoning, Mr. Jamie and Mr. Cormac, and that's all they want at this point, because they understand that there's not much you can do in Chokoloskee. BOARD MEMBER RUBENSTEIN: That's not accurate. Chokoloskee's just as important as any other barrier island in Collier County. MS. VALDEZ: Well, that's nice to know. That's good to know. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: To reduce the fines from the 121,659.77. The 59.35 has been paid; is that correct? BOARD MEMBER FUENTES: The case has not been abated, so we cannot reduce. It's either impose or provide a continuance at this time. CHAIRMAN KAUFMAN: There's only two things that can be done, impose the fine or -- BOARD MEMBER RUBENSTEIN: I understand. All right. I'd like to revise my motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: That the fine of 121,659.77 to be imposed -- MS. VALDEZ: To be imp -- BOARD MEMBER RUBENSTEIN: -- including the 59.35. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) BOARD MEMBER CURLEY: Okay. That failed. BOARD MEMBER FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. That motion failed. BOARD MEMBER FUENTES: So she's already told us that she's -- and, Joe, hey, if this is not something that the county agrees with, let me know what you guys think. But I'd like to be able to bring her back every 30 days if she's willing to make that drive. MS. VALDEZ: I don't mind at all. BOARD MEMBER FUENTES: It's freakin' far, but if she's willing to do it, let's get updates. MS. VALDEZ: Yes, I agree. BOARD MEMBER FUENTES: You're going to pay a lot of operational costs. MS. VALDEZ: I don't care. BOARD MEMBER FUENTES: So, I mean -- (Simultaneous crosstalk.) BOARD MEMBER FUENTES: Jeff, is that something that would be -- MR. LETOURNEAU: Honestly, is that something that's really necessary? It's just -- if it's every month, it's extra work for our hearing staff. I would be more comfortable with every three months maybe if we could do that. BOARD MEMBER FUENTES: There you go. All right. So we'll do every 90 days. Let's go ahead and provide a continuance of 90 days. MS. VALDEZ: I appreciate that. MR. LETOURNEAU: But I'd like to say, though, 608 days at this point, so I would like to see some -- MS. VALDEZ: Oh, there has been a lot done, I promise you. MR. LETOURNEAU: I can see that in the case -- MS. VALDEZ: A lot has been done. MR. LETOURNEAU: -- but that's still -- that's still a long time, though. MS. VALDEZ: And if it wasn't for the Chokoloskee church literally building a new church, none of this would really have come to light in the sense of something can be done, but their engineers were fabulous. BOARD MEMBER AYASUN: What is the motion? BOARD MEMBER FUENTES: Okay. So the motion is we'll go ahead -- and we're not going to let it -- my next motion will be -- you know, we won't let it reach to another year. Right now let's go ahead and provide a continuance for 90 days, as well as the operational costs of 59.77 be paid today. MS. VALDEZ: So my question is, once the Site Development Plan is presented to Planning and Zoning and they approve it, how long does that take? BOARD MEMBER FUENTES: Let's leave -- you're going to have to talk that over with Joe. MS. VALDEZ: Okay. BOARD MEMBER FUENTES: But for right now, that's going to be the motion for us -- CHAIRMAN KAUFMAN: Let me say this. MS. VALDEZ: Yes. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: When we have this in front of us, it says -- MS. VALDEZ: Yes. CHAIRMAN KAUFMAN: -- the violation has not been abated. Until that changes to it has been abated -- MS. VALDEZ: I understand. CHAIRMAN KAUFMAN: -- you're going to come here every three months -- MS. VALDEZ: I'm okay with that. CHAIRMAN KAUFMAN: -- and -- BOARD MEMBER AYASUN: Fines continue. BOARD MEMBER FUENTES: -- the fines continue. MS. VALDEZ: What else am I going to do? Turn [sic] down the building? CHAIRMAN KAUFMAN: Well, the people that you mentioned before. MS. VALDEZ: Yes, sir. CHAIRMAN KAUFMAN: They should be able to give you some assistance as to -- MS. VALDEZ: Yes. CHAIRMAN KAUFMAN: -- what's going on. MS. VALDEZ: I agree. But Ms. Auclair, Claudine Auclair, her mother is ill, and she just had to go back to Canada. Very, very ill. So I've spoke to her, and I've got some notes down of the things that have been done. Again, I'm going to put myself into working this. I'm not going to let somebody else handle it. I'm going to take care of it myself. CHAIRMAN KAUFMAN: Okay. Well, then I got your motion. BOARD MEMBER CURLEY: Second. BOARD MEMBER FUENTES: There was a second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MS. VALDEZ: Okay. I appreciate it. Thank you so much for your patience. BOARD MEMBER FUENTES: See you in 90. MS. VALDEZ: Ninety days. Thank you. CHAIRMAN KAUFMAN: Joe, thank you. Case 9. BOARD MEMBER ELROD: Three, 9 and -- BOARD MEMBER AYASUN: Nobody's here. CHAIRMAN KAUFMAN: That's okay. We still handle it. Number 9 is what's left. BOARD MEMBER ELROD: Three and 9. MS. BUCHILLON: No, no. ***We're going back up to public hearings under motions -- CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: -- No. 2, CEVR20220000759, C&J Wrestling Hauling Corp. 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. COOPER: I do. MR. VALORIA: I do. THE COURT REPORTER: Your name? MR. VALORIA: Carlos Valoria. CHAIRMAN KAUFMAN: Okay. MR. COOPER: For the record, Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Are you new, Craig? MR. COOPER: I am new. CHAIRMAN KAUFMAN: Okay. Welcome. MR. COOPER: Thank you. CHAIRMAN KAUFMAN: Since it's your case, we'll let you go first. MR. LETOURNEAU: It's actually at his request. It's an extension of time. It's No. 2 under extension. CHAIRMAN KAUFMAN: Oh, I'm sorry. Okay. Then we'll let you go first. MR. VALORIA: Yes, yes. I need some more time, almost one year more because of DEP is a lot of time for fix the problem and the permit for the DEP. BOARD MEMBER CURLEY: DEP? MR. VALORIA: Yes. BOARD MEMBER CURLEY: Oh. MR. VALORIA: So need more time for -- CHAIRMAN KAUFMAN: This was -- the violation was the removal of vegetation? MR. VALORIA: Uh-huh. CHAIRMAN KAUFMAN: What's going to happen? It's all going to grow back in a year? MR. VALORIA: No, no. I'm waiting, because I can't move, put it in my property. CHAIRMAN KAUFMAN: I don't -- MR. VALORIA: Don't work. MR. LETOURNEAU: Craig, can you maybe explain what this gentleman's trying to do right now and why DEP's a factor in this? MR. COOPER: Yeah. Well, Mr. Valoria, originally he had planned on starting a wholesale nursery on the property, and then when they submitted those plans to DEP, then they decided to change their plan, and they were going to build a single-family home. Now they -- basically, they have to -- DEP said the compliance division must first review clearing the wetlands and provide a compliance order before they could submit anything else, any county applications or for approvals. MR. LETOURNEAU: And DEP is a slow-moving entity at this point so -- as you guys are well aware. I just want to say right now that we wouldn't be adverse to a six-month, yes. BOARD MEMBER CURLEY: It looks like we gave him that already, but then he changed his mind. MR. LETOURNEAU: Yeah, he did. I do believe that the wholesale nursery was going to be in the works at first, and now he's thinking about a single-family home; is that correct? Yeah. MR. COOPER: If I could say, that I received what I just put up there today from Toby Schwetje that is with DEP, and he sent me that today with this gentleman's case. CHAIRMAN KAUFMAN: I can't read that. MR. COOPER: It says, the DEP will let the fill remain and require mitigation from the owner if he decides to proceed with a single-family residence. If the applicant is going to abandon the project, then the owner will be asked to restore the wetlands. I've determined the owner placed at least 3,000 square feet of fill within the herbaceous marsh. CHAIRMAN KAUFMAN: Okay. So I guess somebody heard back from DEP. BOARD MEMBER CURLEY: That's good news. CHAIRMAN KAUFMAN: So your request for additional time to hear back from DEP, just like that, your being here, they responded. So now what? BOARD MEMBER CURLEY: Is this violation corrected then? CHAIRMAN KAUFMAN: No. BOARD MEMBER ELROD: No. MR. LETOURNEAU: No. Now at this point to correct the violation, I believe the house would have to be built or -- CHAIRMAN KAUFMAN: Permit. MR. LETOURNEAU: -- or he'd have to restore the property according to DEP specifications. BOARD MEMBER CURLEY: You need a building permit and a completed house? BOARD MEMBER ELROD: Yes. BOARD MEMBER FUENTES: One or the other. MR. LETOURNEAU: So on our environmental cases at this point, we don't really ask them to follow through with the CO anymore because just by obtaining the house permit, that allows them to clear the property at that point. Now, if the house permit somehow went into -- it got expired, we would have to start a new case and bring that back as an expired-permit case. CHAIRMAN KAUFMAN: So what do you want to do with this case, then? MR. LETOURNEAU: What I -- I mean, as long as Tom's okay with this, I think six months' extension, you know, would be okay with us. Yeah. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So then he gets his permits, and then he comes back, and then this case is clear, and then he -- hopefully we can not get that -- those fines on record, because you have to build a house. You can't have a lien on your property. So that's really important. BOARD MEMBER ELROD: So I'll make a motion to give him six months. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months. So you're going to have to decide what you want to do. BOARD MEMBER FUENTES: Operational costs. MR. LETOURNEAU: Operational costs, I'm going to ask again. I'm sorry. CHAIRMAN KAUFMAN: Operational costs -- BOARD MEMBER ELROD: 59.42 paid within 30 days on my motion. MR. LETOURNEAU: Okay. Do you have to redo it, Kevin? Okay. Thank you. If you guys could revote on that motion. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Amended motion. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So when you come back, don't say I need more time because of -- MR. LETOURNEAU: Yeah, I would expect a permit hopefully be issued by that point. Yeah, all right. BOARD MEMBER CURLEY: It better be. BOARD MEMBER AYASUN: There's no one left in the room. BOARD MEMBER ELROD: Well, that's why we've got three things left to do. CHAIRMAN KAUFMAN: Thank you, Craig. MR. COOPER: Thank you very much. BOARD MEMBER AYASUN: I'm still at a loss about the 48 cents, 77 cents. Why don't we make it 60 bucks? (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: Helen. MS. BUCHILLON: We have -- we're back to old business, under motion for imposition of fines and liens. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Number 3, CESD20220005160, Brent D. Perrine and Mona R. Perrine. 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. BUCHILLON: For the record, respondents were notified regular and certified mail on December 5th, 2023, and it was posted at the property and courthouse January 9, 2024. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. MR. CATHEY: For the record, Ryan Cathey, Collier County Code Enforcement. I did speak to the owner on January 10th about this hearing. I thought he was going to be here. Basically, they're continuing to work through -- one permit's been finaled. There's two different issues with this case. One permit was previously finaled back in November 2nd, 2023. They have a separate permit for columns at the front of their gates, concrete columns. Still working through that permit. There's issues with the inspections. Basically, they have to dig around to show the footings and make some corrections to their drawings which, from what I've spoken to with the owner, they are working on correcting those drawings and getting everything ready for inspections. So that was my understanding from the property owner. CHAIRMAN KAUFMAN: I don't have a sheet on this one, Helen. BOARD MEMBER CURLEY: Number 3. Here. CHAIRMAN KAUFMAN: Ah, cool. MS. BUCHILLON: Yeah, you should have one in there. They're numbered. CHAIRMAN KAUFMAN: It disappeared. Sue helped me. BOARD MEMBER CURLEY: So -- but a year ago, January 26th, they signed a stipulation with us. MR. CATHEY: Correct, correct. CHAIRMAN KAUFMAN: Well, this one says a violation has not been abated. MR. CATHEY: I'll go through the document for you. BOARD MEMBER CURLEY: It's all there. CHAIRMAN KAUFMAN: Yeah. MR. CATHEY: The past orders were, on January 26th, 2023, 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, OR6217, Page 477, for more information. Violation's not abated as of January 25th, 2024. Fines have accrued at a rate of $200 per day from May 27th, 2023, to January 25th, 2024. Total amount: $48,800. Fines are continuing to accrue. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing of $59.42. Total amount is $48,859.42. As I previously stated, I've been in regular communication with the owner, so we're just waiting on this permit. CHAIRMAN KAUFMAN: Let them know that in all likelihood, if they're not here and they're not into compliance, they're going to get assessed close to $50,000. MR. CATHEY: (Nods head.) BOARD MEMBER CURLEY: So the order was for two things, and so one of them's been fixed, you said, and the other one is just some concrete columns out there? MR. CATHEY: There were two unpermitted things going on. One was for an accessory structure, basically a shed at the front of the property. The other part was columns, concrete columns at the entryway at the gate. Like I said, that first permit was for the accessory structure. That was applied for on April 27th of '23; got issued in July of 2023; finaled in November. BOARD MEMBER CURLEY: That's the hard part. MR. CATHEY: The other permit was applied for in May of '23, issued August '23, and we're in the inspections phase still. CHAIRMAN KAUFMAN: What I'd like to do, since you've been in contact with them, and they're not disagreeing with what you're saying as far as this case is concerned, I'd like to give them till next month to show up here and argue their case, and let them know that I'm inclined, as a member of the Board, to impose the fine if they don't show up. MR. CATHEY: I will let them know. CHAIRMAN KAUFMAN: So that would be a 30-day -- I make a motion that we grant them a 30-day continuance, which is unusual because, generally, you don't show up here -- BOARD MEMBER RUBENSTEIN: I'll second. MR. LETOURNEAU: Op costs? CHAIRMAN KAUFMAN: And the op costs to be paid within 30 days. MR. LETOURNEAU: Thank you. BOARD MEMBER AYASUN: There's a second. BOARD MEMBER CURLEY: And it better say "has been abated." MR. CATHEY: We will see. CHAIRMAN KAUFMAN: Either that or come with a big check. BOARD MEMBER CURLEY: Or don't even show up. CHAIRMAN KAUFMAN: Okay. We have another case? MS. BUCHILLON: Yes. BOARD MEMBER AYASUN: We didn't vote on this one. CHAIRMAN KAUFMAN: Yes. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Absent for vote.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. One more. BOARD MEMBER CURLEY: I have a question about this amended piece of paper we had in our packet. Did we do that? MS. BUCHILLON: Yeah, that would be the last on our agenda. BOARD MEMBER ELROD: Right now we have No. 9. MS. BUCHILLON: ***Last case, we're still under imposition. Number 9, CESD20220005465, United Props, LLC. And for the record, respondents were notified regular and certified mail December 5th, 2023, and it was also posted at the property and courthouse December 8th, 2023. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: You've been busy this month. MR. MARINOS: I try. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. MARINOS: I certainly will. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. Past orders: On January 26th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6220, Page 3035, for more information. The violation has not been abated as of January 25th, 2024. Fines have accrued at the rate of $200 per day for the period from February 26th, 2023, to January 25th, 2024, 334 days, for a total fine amount of $66,800. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is $59.28, for a total amount of $66,918.56. CHAIRMAN KAUFMAN: Have you been in contact with them? MR. MARINOS: They have been communicated with quite a bit about what needs to be done to solve this violation. They have called into our office at least four times. I've spoken to them at least three times. In the last three months or so, the gentleman who was our contact at the LLC and our only contact we've ever been able to get, his number's been disconnected. And at this point in time, they just don't have their final on their demo permit. It's been months they've been asking, how do I pay the fine? I said, well, you have to abate the violation first. And they've been told that over and over again. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I'll make a motion to imposed the county's fines including both of the operational costs from last month and this month for a total of $66,918.56. CHAIRMAN KAUFMAN: I second that. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Absent for vote.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Helen turned the screen off. I guess that's -- BOARD MEMBER ELROD: What's next? (Simultaneous crosstalk.) MS. BUCHILLON: ***Next, under D, motion to amend previously issued order, No. 1, CENA20220005940, Steven M. Thomas. And we are amending the order for November 18th, 2022, under findings of fact, No. 2, the date is missing a number and the year should be 2022, and also fine amount should be 100 instead of 500. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And also, under the order part, we need to amend B. Daily fines should be 100 instead of 500. CHAIRMAN KAUFMAN: Okay. Sue, you wanted to make a motion to this? BOARD MEMBER CURLEY: I'll make a motion to amend the order as stated by Helen. Do I have to restate it, Helen? MS. BUCHILLON: I'm sorry. BOARD MEMBER CURLEY: I could just make a motion to amend it as you stated? MS. BUCHILLON: Yeah. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? 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 BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is that the last case, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Make a motion that the code board be adjourned. MS. BUCHILLON: Did you not forward the request cases to the County Attorney's Office? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Oh, you did. Okay. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:21 p.m. 79E FORCEMENT BOARD RO Fa T MAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on Fd z ,,212y as presented y or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.