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CEB Minutes 02/22/2024February 22, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida February 22, 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 9:04 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate ABSENT: Sue Curley 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 February 22, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everyone. I'd like to call the Code Enforcement Board to order. Notice: 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. Okay. We're a little delayed this morning because 75 has turned into a parking lot instead of a -- BOARD MEMBER AYASUN: Highway. CHAIRMAN KAUFMAN: -- highway, yeah. So let's start out with the Pledge. All rise, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: We have all the people showing up right now. Next on the agenda is the approval of the minutes. Anybody have any changes to the minutes that were sent out? (No response.) CHAIRMAN KAUFMAN: Okay. Hearing no changes, make a motion to accept the minutes. BOARD MEMBER RUBENSTEIN: Second. BOARD MEMBER ELROD: Make a motion. CHAIRMAN KAUFMAN: All those in favor? February 22, 2024 Page 3 BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Helen, you want to do the roll call? I was dragging my feet a little bit because I'm expecting a late person or two. MS. BUCHILLON: Okay. 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: 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: Here. MS. BUCHILLON: And, Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. MS. BUCHILLON: Ms. Sue Curley is not present, and neither is Mr. James York. He's excused. CHAIRMAN KAUFMAN: Okay. Why don't we start by February 22, 2024 Page 4 going through the agenda. What's up? What's out? MS. BUCHILLON: We have two stipulations for now. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, hearings, No. 3, CESD20230006882, Shane M. Shadis. Next stipulation, Number 9, CELU20230008228, Ricardo Munoz and Ricardo C. Munoz, Jr. Did you want to go with the withdrawns now? CHAIRMAN KAUFMAN: Yeah, why don't we do that. MS. BUCHILLON: Okay. Under public hearings, D, hearings, Number 1, CEVR20230000626, MHC Naples Estate Limited Partnership, in care of Cal-Am Properties, Inc., has been withdrawn. Number 10, CESD20230003365, Dhome Builders, Inc., has been withdrawn. Number 11, CELU20230010372, Walker Properties 22, LLC, has been withdrawn. Under old business, B, motion for imposition of fines and liens, No. 1, CESD20210011506, St. Jean Services, LLC, has been withdrawn. Number 7, CELU20220004718, Lowe's Home Centers Inc., has been withdrawn. Number 10, CESD20200009039, Kurt Clapper and Tricia Clapper, has been withdrawn. Number 11, CESD20230000280, Gloria May, has been withdrawn. Number 15, CESD20210002415, Melba Padilla and Nazaria Angelica Nunez, has been withdrawn. Number 17, CELU20220011318, Yohenis Martinez, has been withdrawn. Number 18, CEPM20220009799, Massimo Maffei, has been February 22, 2024 Page 5 withdrawn. And No. 25, CEAU20220005893, Yanelis Hernandez and Eliecer Ramirez, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Could I get a motion from the Board to accept the agenda as modified? BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Motion to accept. CHAIRMAN KAUFMAN: Seconded? BOARD MEMBER BHATLA: Second. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Why don't we go to the extension -- extensions. We have four of those? Yes. MS. BUCHILLON: You want to start with the extensions? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Okay. Under public hearings, A, motions, motion for extension of compliance deadline, No. 1, CESD20230000438, Cindy Hill Land Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing February 22, 2024 Page 6 but the truth? MR. JOHNSON: I do. MR. CLAY: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for the record. MR. CLAY: Yes. Jim Clay. CHAIRMAN KAUFMAN: You can pull it down a little bit. There you go. You're my height. John, good morning. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. We actually have two cases for this owner. They should be in sequence on your -- CHAIRMAN KAUFMAN: They are. We'll probably vote on them separately. MR. JOHNSON: Okay. CHAIRMAN KAUFMAN: But we can hear them both at the same time. MR. JOHNSON: Okay. And both of these cases are -- were, obviously, adjudicated in the past. The compliance date that the Board set for -- to come into compliance on these cases was March 28th, 2024. Mr. Clay has come ahead of that compliance date because he does not feel his contractors will be done by that time. He wanted to get kind of a little heads-up on that. He has permits on both the properties. Both permits are in status "inspections have commenced," and both permits on both properties will expire on August 5th of 2024. So he's well down the road of getting these two homes back to their permitted state. CHAIRMAN KAUFMAN: Okay. Sir, how much time do you need, do you think? February 22, 2024 Page 7 MR. CLAY: Ninety days. CHAIRMAN KAUFMAN: Okay. So you originally were March 28th. MR. CLAY: Yes. CHAIRMAN KAUFMAN: March, April, May. So by July 1st, you should be done? MR. CLAY: I would hope so. CHAIRMAN KAUFMAN: Okay. We appreciate you coming in ahead of time. MR. CLAY: Thank you. CHAIRMAN KAUFMAN: It makes things much easier. Anybody want to make a motion on this? BOARD MEMBER FUENTES: Give him 120. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Is that a motion? BOARD MEMBER FUENTES: You make the motion. BOARD MEMBER BHATLA: I'll make a motion. CHAIRMAN KAUFMAN: Okay. Go ahead, Bart. BOARD MEMBER BHATLA: Yeah. CHAIRMAN KAUFMAN: You make a motion that we extend this to July 1st? BOARD MEMBER BHATLA: Extend it to 120 days. BOARD MEMBER FUENTES: Second. BOARD MEMBER BHATLA: Which will be -- CHAIRMAN KAUFMAN: Four months. BOARD MEMBER BHATLA: -- August. CHAIRMAN KAUFMAN: Right. August 1st. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. What? MR. LETOURNEAU: August -- 120 days, you said? March, February 22, 2024 Page 8 April, May, June. CHAIRMAN KAUFMAN: It's the end of -- it's the March 28th. MR. LETOURNEAU: I'm sorry. My bad. CHAIRMAN KAUFMAN: Send him -- anybody have a calendar? BOARD MEMBER RUBENSTEIN: June 28th. CHAIRMAN KAUFMAN: Okay. So to our meeting -- I don't know what the date is -- in August. BOARD MEMBER AYASUN: Right. CHAIRMAN KAUFMAN: It will be warmer than it is today, that's for sure. So here, we have a motion. Do we have a second? BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All this in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So that's on the first case ending in 438. And the other case, we'll vote on that one. Same motion, I assume. That ends in 440. BOARD MEMBER AYASUN: 440. CHAIRMAN KAUFMAN: Okay. Do you want to make the same motion, Bart? BOARD MEMBER BHATLA: Yes. I'd like to make a February 22, 2024 Page 9 motion. CHAIRMAN KAUFMAN: We have the same motion. BOARD MEMBER BHATLA: Grant -- BOARD MEMBER RUBENSTEIN: Second. BOARD MEMBER BHATLA: Same motion. CHAIRMAN KAUFMAN: Same second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: Mr. Kaufman, and just for the record, the August hearing is on the 22nd. CHAIRMAN KAUFMAN: Okay. So it will the 22nd of August that hopefully you get -- and if it's not -- it doesn't look like it's getting done, do what you did today; come in early. MR. CLAY: Good. Thank you very much. CHAIRMAN KAUFMAN: Okay. Thank you. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thanks, John. Which brings us to? MS. BUCHILLON: Which brings us to -- next case is No. 3, CESD20220004521, Herman Diaz Sanchez and Taimi Nunez Martinez. THE COURT REPORTER: Do you swear or affirm the February 22, 2024 Page 10 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. GONZALEZ: I do. MR. DIAZ: I do. MS. NUNEZ: I do. CHAIRMAN KAUFMAN: Okay. Do you need to swear the interpreter? THE COURT REPORTER: They said no. But I need all their names. CHAIRMAN KAUFMAN: Okay. If I talk real fast, will you understand me? MR. SANCHEZ: Yes, sir. CHAIRMAN KAUFMAN: Okay. Good, because I don't know how to talk fast. Could you state your name on the microphone for all of us? MR. GONZALEZ: Ariel Gonzalez, general contractor. CHAIRMAN KAUFMAN: Okay. MR. DIAZ: Herman Diaz, owner. MS. NUNEZ: Diane Nunez, owner. CHAIRMAN KAUFMAN: Okay. Two owners and a contractor. Okay. MR. HOLMES: Bradley Holmes, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to give us a little quickie on this? MR. HOLMES: I'll leave most of it on the contractor. I think he's got quite a bit to tell you. What I can share is that the -- they have applied for a permit. They got a rejection currently. The last produced corrections letter was from the 20th of this month. So February 22, 2024 Page 11 they're actively working on it. My understanding is he'll be able to explain exactly what they're working on to get that permit issued. CHAIRMAN KAUFMAN: Okay. Okay. Do you want to tell us the scope the work that you're doing? MR. GONZALEZ: Yeah. The bigger problem was this house was built in '70s, and then the site plan on those year was different than right now -- the setbacks, I'm sorry. And then the house is, like, two feet close to the setbacks, and then we have to move two feet behind. So that's the biggest issue we have right now. And I spoke reviewers in the county, and they say it's okay if we move two feet behind, and we have submitted again with the new plans. CHAIRMAN KAUFMAN: Okay. So is this a new house going in? MR. GONZALEZ: No, no. It's not a new house. CHAIRMAN KAUFMAN: You're not moving the house two feet? MR. GONZALEZ: No, no, no. It's only the part they -- it's -- there was a little lanai they closed and convert to the bed. CHAIRMAN KAUFMAN: Right. MR. GONZALEZ: And then other (unintelligible) in the place they have right now, but after closing, they request it has to be two feet behind. CHAIRMAN KAUFMAN: And that's not a problem? MR. GONZALEZ: No. We have to fix it. CHAIRMAN KAUFMAN: And you have the -- you have the permits already? MR. GONZALEZ: No. We have to -- we have the rejection, and we have to apply again. CHAIRMAN KAUFMAN: Okay. February 22, 2024 Page 12 MR. GONZALEZ: You know, the rejection, corrections. CHAIRMAN KAUFMAN: Okay. So how much time do you think you're going to need to get everything -- MR. GONZALEZ: I hope -- it depends. The county work -- as fast as they work. CHAIRMAN KAUFMAN: Well, we can't give you a new date on "depends." MR. GONZALEZ: The work is done. The work is done. This depends only on the paperwork, you know. CHAIRMAN KAUFMAN: So the work is done. You're going to do this by affidavit? MR. GONZALEZ: Yes. It's not affidavit. It's after the fact. CHAIRMAN KAUFMAN: After-the-fact permit? MR. GONZALEZ: Yes. CHAIRMAN KAUFMAN: Okay. And give me some idea of when. MR. GONZALEZ: I hope -- I am very busy too, that's the problem. I help them. They are friends of mine. So I'm very busy. So let's say three to six months. CHAIRMAN KAUFMAN: That's a big span, three to six months. MR. GONZALEZ: Any number between that. BOARD MEMBER AYASUN: How about 90 days maybe? MR. GONZALEZ: Ninety days? I don't know. CHAIRMAN KAUFMAN: Yes, ma'am. MR. GONZALEZ: With the county, I don't know. MS. NUNEZ: No, no. I'm agree with him. Like, you have the time, but we have to wait for a few people in the Collier County. They gave me -- ask the permits. So if they give -- if we resolve everything in the short time, we are going to do it. It's just we need this time to be sure we are going to have time, not be here again with February 22, 2024 Page 13 the same problem. It's just that. But we're ready to fix everything tomorrow if we can, but we have to wait for permit, for everybody, so -- for his time, for -- I don't know a lot about this case, so he know more than us. CHAIRMAN KAUFMAN: You get to know how to pay for it, that's it. MR. GONZALEZ: No, no pay. There's no charge on it. CHAIRMAN KAUFMAN: Does the county have any problems? MR. HOLMES: We can leave it up to your discretion. But from my understanding, I'm sure that there's, you know, many players involved in this. So probably the three months would be slightly insufficient, I would say, just understanding how the process works. CHAIRMAN KAUFMAN: Okay. Any questions? BOARD MEMBER BHATLA: Why don't we move it to 120 days? CHAIRMAN KAUFMAN: Okay. That's four months. BOARD MEMBER BHATLA: Yeah. CHAIRMAN KAUFMAN: Okay. Do you want to make that as a motion? BOARD MEMBER BHATLA: I make a motion to grant 120 days. CHAIRMAN KAUFMAN: A hundred and twenty days. BOARD MEMBER FUENTES: Second. BOARD MEMBER RUBENSTEIN: I'll second it. MR. DIAZ: Thank you. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. February 22, 2024 Page 14 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. If you're getting close to the 120 days and -- MR. GONZALEZ: I do my best. CHAIRMAN KAUFMAN: -- then come back and ask for more. At least we'll know where you are. MR. GONZALEZ: Okay. Thank you very much. CHAIRMAN KAUFMAN: Okay. Thank you. BOARD MEMBER AYASUN: Thank you. MR. DIAZ: Thank you. MS. BUCHILLON: Next case. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Number 4, CEVR20210010022, Jason Brady and Nicole Brady. 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. BRADY: I do. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: I understand we're going to be seeing a lot of you this morning. BOARD MEMBER ELROD: The Chuck Show. MR. MARINOS: Yep, absolutely. CHAIRMAN KAUFMAN: Okay. We have -- why don't you February 22, 2024 Page 15 give us a quick summary, and we'll go from there. MR. MARINOS: Yes, sir. This was an unimproved Estates-zoned property split lot. It was cleared by the previous owner before Mr. Brady in preparation for a house prior to any permit issuance. Mr. Brady has been working on a house permit. We have been in constant contact. He's been diligently working towards it at this time. I'm going to let him take it away and give you a little more information. CHAIRMAN KAUFMAN: Okay. MR. BRADY: Yes, thank you. So in short, I need six months. I don't know if it's an extension or -- I forget the other technical term that you have for allowing us more time. But, essentially, when I was last here, the first time I was here, we didn't have a wetlands permit at that point in July, and you gave us six months. That wetlands permit has now come through. We just made a minor modification, which is a 30-day process, which should be finished by -- in the next seven to 10 days. And then subject to there being no issue here today, then we can move forward contractually with the contractor and the building. So most of the planning has been done, but we're now moving on to truss plans, you know, proper -- sorry -- proper house plans, truss plans, and then eventually a building permit. And they've given me an estimate of four to five months. So I'm really asking for six months because this has gone on for so long. CHAIRMAN KAUFMAN: Okay. As I understand it, to clear the property, you need either a building permit or a permit to clear the property; is that what the violation is? MR. MARINOS: Yes, sir, either vegetation removal permit; a restoration plan, in theory; or a building permit allowing for the amount of clearing done. CHAIRMAN KAUFMAN: Okay. So once you get the February 22, 2024 Page 16 building permit, you'll be in compliance -- MR. BRADY: Yes. CHAIRMAN KAUFMAN: -- for the clearing that was already done? MR. BRADY: That's correct. MR. MARINOS: Yes, sir, that's correct. The case would be closed at that point in time. CHAIRMAN KAUFMAN: Okay. You -- when you purchased the property, just -- did you know that there was a code violation on the property? MR. BRADY: I did, yes. There's two elements to this. The first one is the current owners at that time said they would clear the violation. I did a six-month closing. So I paid a deposit, went into contract with a six-month closing. They were supposed to clear those issues within that six months. They decided they didn't want to clear them, and I was then advised by consultants that the infringement or the violation would stick with the people that made the violation and not with us, but that hasn't turned out to be the case. So neither party really told me the truth, and I've bought the problem, but I've diligently and patiently worked through the problem. CHAIRMAN KAUFMAN: You buy the violation; you own the violation, in essence. That's what it is. MR. BRADY: Right. CHAIRMAN KAUFMAN: Okay. MR. BRADY: Which I found out. CHAIRMAN KAUFMAN: You think you'll have a permit -- give me a -- you said six months. MR. BRADY: Yeah. Four to five months they say, so I'm hoping six months. CHAIRMAN KAUFMAN: Just to get the permit, not to build February 22, 2024 Page 17 it. MR. BRADY: No, just to get the building permit. CHAIRMAN KAUFMAN: Okay. You have the wetlands done? MR. BRADY: That's done. I've got a small, minor modification that should be finished in 10 days. That's a 30-day process. I've got a confirmation of that here. (Mr. Noell is now present in the boardroom.) CHAIRMAN KAUFMAN: Okay. Chuck, do you think six months is reasonable or -- MR. MARINOS: I think that with the way that, you know, modifications and building permits can go, it seems reasonable to me. We've been in constant communication. He has been working towards this. Again, just to reiterate, he inherited the problem. It is what it is. But we had talked last time we were here. He was not sure what he was going to do with the building permit out -- the time frame it was going to take. Clearly, he's is on the cusp, I believe. Six months should provide plenty of time to, just in case, you know, give him a little extra time. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER AYASUN: I make a motion that we give him 180 days. That's six months. CHAIRMAN KAUFMAN: Do we have a second? BOARD MEMBER FUENTES: Second. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. February 22, 2024 Page 18 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Six months. If for some reason you get stuck in permitting and you need to extend that, come back before the Board before it expires. MR. BRADY: Will do. Thank you very much for your time. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Okay. Do you want to do the stipulations next, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Number 3. MS. BUCHILLON: Under public hearings, D, public hearings, first stipulation, No. 3, CESD20230006882, Shane M. Shadis. CHAIRMAN KAUFMAN: Okay. They must have used vanishing cream this morning. I don't see them. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning. BOARD MEMBER FUENTES: 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. MUSSE: I do. Investigator Jonathan Musse, Collier County Code Enforcement. February 22, 2024 Page 19 CHAIRMAN KAUFMAN: Okay, Jonathan. Just for the record, the respondents are not present? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: You probably got this this morning. MR. MUSSE: He signed it last night; picked it up this morning. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. MUSSE: Sure thing. Is this screen like The Clapper? It is agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the remodeled bathroom within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; that if the respondent fails to abate violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So it's $100 a day after 90 days should they fail. MR. MUSSE: Correct. CHAIRMAN KAUFMAN: And the -- 30 days is for -- MR. MUSSE: The operational costs? CHAIRMAN KAUFMAN: Operational costs to be paid within 30 days. Okay. February 22, 2024 Page 20 BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER FUENTES: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Let's see. The next stipulation, No. 9. MS. BUCHILLON: Next stipulation, No. 9, CELU20230006228, Ricardo Munoz and Ricardo C. Munoz, Jr. MR. MUNOZ: I do. MR. PITURA: I do. MR. PARRISH: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. MUNOZ: Ricardo Munoz, or Richard Munoz. Did you want to speak? MR. PARRISH: Tom Parrish. CHAIRMAN KAUFMAN: Let me just guess. You're the February 22, 2024 Page 21 contractor. MR. PARRISH: I'm a contractor, yes. CHAIRMAN KAUFMAN: See that. What a guess. Do you want to go through this quick summary? MR. PITURA: Yes. Good morning. For the record, Thomas Pitura, 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 removing all unpermitted structures and illegal use of the vacant land or restore property back to its originally permitted state for this zoning district use on said property within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have any problem making this change to the property back to the original state within 90 days? MR. MUNOZ: No problem, no. CHAIRMAN KAUFMAN: No problem? Good. BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. February 22, 2024 Page 22 CHAIRMAN KAUFMAN: We have a motion, and we're looking for a second. BOARD MEMBER AYASUN: Second. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. PARRISH: Can I ask you a question? CHAIRMAN KAUFMAN: Sure. MR. PARRISH: I'm not sure -- oh, I'm sorry. When you say "restate it back to the original," I'm not sure what that means. We have an open permit for a fence and for two culverts out there. The fence is pending approval on the right-of-ways for the driveways, and it's been inspected twice. Once -- both times when the inspector went there, they didn't see any work under progress, but that's because it was code violation, and the culverts had been previously installed. Well, those culverts are in now, but can he go ahead with the permit and install the new culverts, taking the old ones out and leave it the way it is? February 22, 2024 Page 23 CHAIRMAN KAUFMAN: I would suggest that you check that with the code enforcement officer. MR. PITURA: I'll go over all of that with you. MR. PARRISH: Okay. MR. PITURA: You know, cover all that concerning the fence and culverts. CHAIRMAN KAUFMAN: Okay. MR. PARRISH: Thanks. CHAIRMAN KAUFMAN: You must be athletes. Pickleball courts, et cetera, et cetera. Good luck to you. MR. MUNOZ: All right. Thank you. CHAIRMAN KAUFMAN: How we doing, Kevin? MR. NOELL: We are doing fine. It's good to be here. I apologize for being late. I was on the parking lot of I-75. CHAIRMAN KAUFMAN: Which it becomes quite often. You were lucky you had cell phone service, because a lot of it's out. MR. NOELL: Yep. BOARD MEMBER FUENTES: No landing for airplanes. CHAIRMAN KAUFMAN: Yeah. No more landings of airplanes. Okay, Helen. MS. BUCHILLON: Continue? All right. Next case, we're still under hearings, No. 4, CEVR20230007645, Alberto Flores Maldonado. 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. FLORES: 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? February 22, 2024 Page 24 MR. MARINOS: I do. MR. FLORES MALDONADO: I do. THE COURT REPORTER: Now I need your name. MR. FLORES: Deo Flores. CHAIRMAN KAUFMAN: Could you give me your names on the microphone. MR. FLORES MALDONADO: Alberto Flores Maldonado. MR. FLORES: Deo Flores. CHAIRMAN KAUFMAN: Okay. You're both going to testify or is somebody a translator or -- MR. FLORES: I'm the translator. CHAIRMAN KAUFMAN: Chuck, your case. MR. MARINOS: Yes, sir. Good morning. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CEVR20230007645 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 3.05.01.B, an agriculturally zoned property with vegetation clearing on site without permitting, no address, located at Folio 335440005. Service was given on October 12th, 2023. This case originated as a complaint. On 29th of August 2023, I approached the property and noted that the property in question had clearing on site visible from legal vantage on Smith and Keane. I submitted an environmental determination for review. That determination found that clearing had occurred on the property, agriculturally zoned sending lands, which requires 80 percent preservation. A building permit, VRP permit, or a restoration plan are required. I contacted Mr. Maldonado at that time and informed him of the violation and that I would be issuing an NOV. February 22, 2024 Page 25 Mr. Maldonado informed me that he intended to apply for a building permit. Since that time, a building permit was applied for yesterday, on the 21st of February 2023 [sic]. Still outstanding at this time. As of prehearing inspection, violation remains. I would now like to present case evidence in the following exhibits: One environmental determination showing permits required, two pictures taken by myself on 05 September 2023 showing initial conditions, and one aerial showing the approximately cleared area and location. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MARINOS: Yes, sir, he has. CHAIRMAN KAUFMAN: Do you have any objection to the photos being entered as evidence? MR. FLORES: Yes, no objection. CHAIRMAN KAUFMAN: You need to move the microphone so we can hear both of you. Okay. Get a motion from the Board to accept the photos and documentation? BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. February 22, 2024 Page 26 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: All right. First is the environmental determination. You'll see it's a property zoned RFMU-NBMO sending lands, which required 80 percent preservation of a five-acre parcel, allowing for one acre of clearing. The compliance options were listed as all work must cease without a permit. I have observed no new clearing since that time. And either a permit must be obtained, building or VRP, or a restoration must occur. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Next we'll take a look at the legal vantage clearing I could observe. So this is, again, off of Smith Road and Keane there in the south side of the Estates. I don't know if you're familiar with that exact area, but it's pretty much all ag zoned and some commercial properties. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: A little bit of clearing here. We can see some native vegetation clearing. CHAIRMAN KAUFMAN: Was this cleared with mechanical equipment, or you don't know? MR. MARINOS: It was pretty clearly cleared with mechanical equipment. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: There we go. Just another view of some of the clearing taking place there. And then this is an aerial showing the approximate location of the clearing. There's one little strip of trees still there in the corner there, and then a good portion of these February 22, 2024 Page 27 have been removed. CHAIRMAN KAUFMAN: Okay. What does it say, five acre? MR. MARINOS: It's a five-acre parcel. They're allowed to clear up to one acre. The building permit he applied for yesterday is listed as an acre cleared, and I would say that it's probably pretty accurate. I think we're -- I think we're exactly where we need to be. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: So if that permit is issued, it would cover the clearing. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: That is my evidence. CHAIRMAN KAUFMAN: Okay. Okay. It's your turn. It appears that you applied for a building permit yesterday? MR. FLORES: Yes. CHAIRMAN KAUFMAN: Once a building permit is issued, you've become -- you are in compliance; am I correct, Chuck? MR. MARINOS: Yes, sir, that is correct. CHAIRMAN KAUFMAN: Okay. So you applied to build a house there. MR. FLORES: He applied for a fence, a gate. CHAIRMAN KAUFMAN: He applied for -- I didn't hear you. MR. FLORES: He applied to create a gate. CHAIRMAN KAUFMAN: Move the microphone over. MR. FLORES: He applied to create a gate. CHAIRMAN KAUFMAN: To create a gate. MR. FLORES: A fence, a fence. CHAIRMAN KAUFMAN: A fence? MR. FLORES: Yeah. CHAIRMAN KAUFMAN: Chuck, will a fence bring this property into compliance? February 22, 2024 Page 28 MR. MARINOS: No, sir, I don't believe it will. I'm looking at the permit now. Since it was just applied for, I'm seeing it for the first time this morning. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: And it is, in fact, a fence/wall permit, and that is currently what's in there. There is an "entered in error" permit, but that should not be applicable to this. CHAIRMAN KAUFMAN: Correct me if I'm wrong, you need to apply for a permit for a structure. Once that permit is issued, the property is in compliance because when you have a building permit, you can now clear up to one acre. How am I doing, Chuck? MR. MARINOS: 100 percent accurate, sir. CHAIRMAN KAUFMAN: Okay. So applying for a fence is not going to bring you into compliance, so... MR. FLORES: He's currently working on trying to get a permit for a house, and he is requesting around six months for it to go through. CHAIRMAN KAUFMAN: Okay. He understands that that will give him relief on this violation if he has a permit issued by the county to build a house. I don't know -- it might even be if you built a garage, a structure. MR. MARINOS: It has to be a primary structure before he can do -- CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Yeah. CHAIRMAN KAUFMAN: All right. MR. FLORES: He understands that. CHAIRMAN KAUFMAN: So does he have plans to build a house there? MR. FLORES MALDONADO: Yes. MR. FLORES: Yes, he does. February 22, 2024 Page 29 CHAIRMAN KAUFMAN: And when is he going to apply for that permit? MR. FLORES: He says around three months. Oh, in three months the architect will give him the plan so he can apply for a permit. CHAIRMAN KAUFMAN: Does he have an architecture firm that he's doing business with now? MR. FLORES: Yeah, he is. CHAIRMAN KAUFMAN: And they told him that it's going to take three months to get a plan? MR. FLORES MALDONADO: Yes. MR. FLORES: Yes. CHAIRMAN KAUFMAN: Okay. Any questions or comments from the Board? BOARD MEMBER ELROD: I'll make a motion to give him six months. CHAIRMAN KAUFMAN: This is just for the permit. BOARD MEMBER ELROD: Correct. CHAIRMAN KAUFMAN: Okay. We have a motion for six months. Do we have a second? MR. LETOURNEAU: I don't think you found a violation yet, have you, or -- CHAIRMAN KAUFMAN: Let's start out with does a violation exist. BOARD MEMBER RUBENSTEIN: I'll make a motion that the violation exists. CHAIRMAN KAUFMAN: And we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. February 22, 2024 Page 30 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, Chuck, you have a suggestion for us also. MR. MARINOS: Yes, sir, we have a recommendation. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: 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 to abate all violations by: One, obtaining all required Collier County building permits or vegetation removal permits, inspections, and certificate of completion/occupancy or obtain and execute an approved mitigation plan to either keep the unpermitted clearing of the property as-is or to restore the property to its originally permitted condition within blank days of this hearing, or a fine of blank per day will be imposed until the violation's abated; And, 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection, confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? BOARD MEMBER RUBENSTEIN: I have a question. February 22, 2024 Page 31 CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Who told him that it was all right to clear the land without a permit? MR. FLORES: He was working with a contractor that told him that he was allowed to do that. BOARD MEMBER RUBENSTEIN: Was allowed? MR. FLORES: Yeah, was allowed to do this. BOARD MEMBER AYASUN: Contractor told him. MR. FLORES: And he's no longer working with that contractor. CHAIRMAN KAUFMAN: That's a good decision. Okay. Anybody want to fill in the blanks on the recommendation from Chuck? BOARD MEMBER ELROD: So it would be occupancy? CHAIRMAN KAUFMAN: No, just a permit. BOARD MEMBER BHATLA: Six months. BOARD MEMBER ELROD: Yeah. Pay the operational costs of 59.28 within 30 days, six months, and $100 a day after. CHAIRMAN KAUFMAN: Okay. Do we have a second on that? BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? February 22, 2024 Page 32 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Let me explain. It passes. $59.28 needs to be paid within 30 days, okay? I'm sure Chuck will help you out with where it needs to be paid. You have six months to pull a building permit, and if you don't pull it in six months, it will be $100-a-day fine; do you understand? MR. FLORES: Yes. MR. FLORES MALDONADO: Yes. CHAIRMAN KAUFMAN: Okay. We're done. MR. FLORES MALDONADO: Thank you. MR. FLORES: Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: We're going to get you a chair there, Chuck. MR. MARINOS: A rolling one would be nice. CHAIRMAN KAUFMAN: Helen, let's see. We did that. We did that. MS. BUCHILLON: We're going to old business, B, motion for imposition of fines and liens, No. 2, CELU20220001142, John J. Medina. CHAIRMAN KAUFMAN: Give me a minute to find this. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. MR. MEDINA: I do. CHAIRMAN KAUFMAN: We have lots of paper to go through. MS. BUCHILLON: It was towards the back. They're numbered. February 22, 2024 Page 33 CHAIRMAN KAUFMAN: Yeah, I got it. MS. BUCHILLON: You got it. CHAIRMAN KAUFMAN: Okay. Good morning. MS. PATTERSON: Good morning. Good morning. For the record, Sherry Patterson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning, Sherry. Sir, could you give us your name on the microphone, please. MR. MEDINA: John Medina. CHAIRMAN KAUFMAN: Okay. And if you would, do you want to read this for the record? MS. PATTERSON: I do. Past orders: On September 28th, 2023, 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 the attached order of the Board, OR6315, Page 1675, for more information. The violation has been abated as of February 15th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 28th, to -- excuse me. The period of November 28th, 2023, to February 15th, 2024, 80 days, for a total fine amount of $16,000. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.42. Total amount is 16 thousand dollars and 59 cents -- 59 dollars and 42 cents. A, the gravity of violation is not health safety. B, any actions taken by the violator to correct is commercial business has ceased operation. All commercial vehicles and equipment and office trailer has been removed. Any previous violations committed by the respondent and violator, no. February 22, 2024 Page 34 Any other relevant factors, no. CHAIRMAN KAUFMAN: Okay. Sir? MR. MEDINA: Hi. I bought this property a couple years ago. I parked some trucks there, and then I got the letter saying that I can't park the trucks there. And I contract this lawyer. He said he's going to help me to resolve the issue. He couldn't do anything because it was, obviously -- I bought it wrong. It was agricultural and not commercial. So then we have the agreement that we did on, I think it was August the '23, to move the trucks out of there in November the 27th, 28th. I sold the trailers as junk because I couldn't sell them fast. And the lady sent some drivers, like, probably December, some of those -- probably December and November, and the trucks got stuck in there because it was wet in the back of the farm. So they couldn't took the trailers out. They didn't want to come until the land was clear or dry, and they came, like, a couple weeks ago, and they start moving them, and we finish, like, a week ago, and we're clear now. CHAIRMAN KAUFMAN: Okay. Questions? Comments from the Board? (No response.) CHAIRMAN KAUFMAN: So you were waiting for the attorney or you have -- MR. MEDINA: No, no. No attorney no more. And I want to ask for a reduction or waiver of the fine because, you know, I lost a lot of money selling those trailers as junk. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER BHATLA: I'll make a motion. We will reduce the fine to $150 and to pay the operations cost of $59. February 22, 2024 Page 35 CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER FUENTES: We need to specify the amount of days. CHAIRMAN KAUFMAN: It's in compliance now. It's just the fine. BOARD MEMBER AYASUN: It's just the fine. BOARD MEMBER FUENTES: Operation costs. CHAIRMAN KAUFMAN: Yeah, he mentioned that. Okay. Anybody else want to try? I'll try. Okay. Reduce the fine to $1500. Operational costs of $59.42 added to that. So that would be -- BOARD MEMBER AYASUN: $1559. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: I'll second. MR. NOELL: And just for clarity, that's paid within 30 days? CHAIRMAN KAUFMAN: The op costs will be paid within 30 days. BOARD MEMBER AYASUN: Second. Did anybody second it? CHAIRMAN KAUFMAN: Okay. No, you seconded it. BOARD MEMBER RUBENSTEIN: Fine. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER JOHNSON: Aye. February 22, 2024 Page 36 CHAIRMAN KAUFMAN: Okay. One opposed. BOARD MEMBER FUENTES: Two opposed. CHAIRMAN KAUFMAN: Two opposed, okay. We reduced the fine from 16,000 to 1500. MR. MEDINA: Thank you very much. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: That's it. Thank you. Okay, Helen. Who's up? MS. BUCHILLON: Next case, No. 4, CELU20180013990, Vladimir Portal and Caridad Paz. 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. PEDROZO HERNANDEZ: 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. MARINOS: I do. MR. PORTAL: I do. THE COURT REPORTER: And your name? MS. PEDROZO HERNANDEZ: My name is Yudeisy Hernandez. CHAIRMAN KAUFMAN: And his name? MR. PORTAL: Vladimir Portal. MS. PEDROZO HERNANDEZ: Vladimir Portal. CHAIRMAN KAUFMAN: Okay. You're the owner of the property? MS. PEDROZO HERNANDEZ: Yes. CHAIRMAN KAUFMAN: And you're the interpreter? MS. PEDROZO HERNANDEZ: Yes. CHAIRMAN KAUFMAN: Gotcha. Okay. Chuck. February 22, 2024 Page 37 MR. MARINOS: Yes. CHAIRMAN KAUFMAN: You're up. MR. MARINOS: Yes, sir. Past orders: On February 27th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR5742, Page 241, for more information. On February 25th, 2021, and April 28th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in docs and images for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at a rate of $150 per day for the period from August 26th, 2020, to February 22nd, 2024, 1,276 days, for a total fine amount of $191,400. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. The operational costs for today's hearing is $59.77, for a total amount to date, $191,459.77. CHAIRMAN KAUFMAN: Okay. We have unpermitted improvements, converted garage, aluminum porch, et cetera. This goes back to February 27th, 2020. MR. MARINOS: That was when the original hearing was, yes, sir. CHAIRMAN KAUFMAN: Four years. I know you gave it to us. How many days? MR. MARINOS: 1,276 days of fines accrual at $150 per day. CHAIRMAN KAUFMAN: Okay. Gotcha. Okay. So the fine currently is at $191,459.77. MS. PEDROZO HERNANDEZ: Say the number again. CHAIRMAN KAUFMAN: Have you applied for any permits? MS. PEDROZO HERNANDEZ: In December he asked for a February 22, 2024 Page 38 permit, and they denied it because the street -- because they say -- you guys say that he removed some trees from the property, and he didn't do it. It was the hurricane, the one who took down, knocked down. And the tree was put in by him. It's not from the property. CHAIRMAN KAUFMAN: I'm looking, unpermitted permits for a converted garage. Did you convert the garage? MS. PEDROZO HERNANDEZ: No. When he buy the property, the garage was like that, and they give it to him, the proof okay for that permit. MR. LETOURNEAU: Chuck, what remains? MR. MARINOS: So there was three structures that required permits. He has acquired permits for two of those structures. They required a variance, thus explaining a little bit of time that it took. The third structure is -- I don't know if you call it a two-story pigeon coop or just an elevated chicken coop. It was enclosed on the bottom, requiring permits. He has applied for a permit for that. It was rejected and sat rejected and untouched for an extended period of time. He has now start turning in more documentation at this point in time as the hearing notice was delivered to him. The problem -- and I'm trying to get Mr. Portal to understand -- that there's not a single tree that fell and that's requiring a vegetation removal permit. The property has extensive clearing on it, picked up by environmental when he applied for the permit, and he requires a vegetation removal affidavit and permit to explain the usage and why those things were removed in order to get the permit that he's currently sitting on. CHAIRMAN KAUFMAN: Okay. (Child crying.) CHAIRMAN KAUFMAN: He's going to testify later. BOARD MEMBER RUBENSTEIN: I have a question. February 22, 2024 Page 39 CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Do we have a photo -- current photograph that shows an aerial? MR. MARINOS: I can certainly pull one very quickly, and I do have an aerial of the property. If you can give me just one moment, I can pull that up for you. BOARD MEMBER RUBENSTEIN: My question and concern is can you tell us the status of the swimming pool. Is it operational? MR. MARINOS: That permit has been cleared for the swimming pool. BOARD MEMBER RUBENSTEIN: I'm sorry? MR. MARINOS: The permit has been cleared for the swimming pool. The only outstanding structure at this point in time is the elevated pigeon coop, chicken coop structure. The other two structures had permits issued after variances were approved. CHAIRMAN KAUFMAN: Okay. We're at the position right now, it's not in compliance. So either it comes into compliance at a future date, should we grant additional time, or we impose the fine. MS. PEDROZO HERNANDEZ: The final for -- BOARD MEMBER AYASUN: $191,000. CHAIRMAN KAUFMAN: Yes. MS. PEDROZO HERNANDEZ: Okay. The only permit that he have open is about -- he's talking about house that he have under the tree, and that's the only permit that is open right now, and he need more time to finish that one, that's all. BOARD MEMBER RUBENSTEIN: I have a question. BOARD MEMBER AYASUN: Wait. CHAIRMAN KAUFMAN: Hang on. The pigeon coop is the only one? MR. MARINOS: That's what we're speaking to. He's calling it a house under the tree. It's an enclosed pigeon coop, elevated sort of February 22, 2024 Page 40 structure. CHAIRMAN KAUFMAN: Okay. We're talking about the same thing? MR. MARINOS: We're talking about the same thing. CHAIRMAN KAUFMAN: Okay. How long does it take to -- does he think it's going to take to get that permitted. MS. PEDROZO HERNANDEZ: He asked for the permit and it was rejected, so the only thing that he have to do is go back again and put it in again. CHAIRMAN KAUFMAN: And I'm asking how long does he think -- Jeff, do you wanted to say something? MR. LETOURNEAU: I did. Now, Chuck, you mentioned something -- ma'am, you're going to have to listen real closely here, all right, because this guy's on the brink of losing $190,000. But, you know, you need to try to relay this to him so he understands this. First I want to talk to Chuck, though. The vegetative clearing is holding up the permit at this point? MR. MARINOS: He needs a vegetation removal affidavit and he's -- the property's overcleared. MR. LETOURNEAU: Okay. So this is the part he needs to understand. He's on the brink of losing $191,000. Now, if he thinks this chicken coop is worth $191,000 and he wants to get it permitted, he's going to have to jump through the hoops of getting the vegetation clearing taken care of first. His other option would be to remove the pigeon coop, close this case out, and try to get a reduction on this $191,000. He's putting a lot of money on this chicken coop right now, okay? BOARD MEMBER FUENTES: I would definitely -- I think he needs to remove it. CHAIRMAN KAUFMAN: His choice. February 22, 2024 Page 41 MR. MARINOS: And just to clarify, the pigeon coop itself was already permitted. It's the modifications he made to the pigeon coop. He wouldn't even have to remove the pigeon coop, just the modifications. MS. PEDROZO HERNANDEZ: Okay. He's agree to close the chicken house and to close the case for the vegetation. CHAIRMAN KAUFMAN: Now, the agent said the chicken coop was permitted, but he did changes to it that took it out of compliance. So he doesn't have to remove it all. He has to come into compliance. And I'm sure Chuck in his spare time can come out there and tell him exactly what needs to be done, and once he comes into compliance, then he can come back and ask for a reduction in the fine. Is that clear? MS. PEDROZO HERNANDEZ: He never remove the chicken coop. The survey that -- when he buy the house, it appear in there. CHAIRMAN KAUFMAN: I don't understand. MS. PEDROZO HERNANDEZ: Okay. When he buy the house -- CHAIRMAN KAUFMAN: He bought the house. When you buy the house, you buy all the violations that are on the house, okay? Okay. So he bought the house, and it had a chicken coop on it or -- MS. PEDROZO HERNANDEZ: Yes. CHAIRMAN KAUFMAN: -- whatever you want to call it. He then modified it. MS. PEDROZO HERNANDEZ: Yes. BOARD MEMBER FUENTES: He would need to revert it back by removing the modifications that he did. MS. PEDROZO HERNANDEZ: Okay. When he modified it by permit, he tried to put the permit to modify it. When he did, that was rejected, so -- and he did it by hisself. BOARD MEMBER FUENTES: I think him and his wife, February 22, 2024 Page 42 Caridad, should probably remove that to avoid any other issues, because it seems like he's having a hard time with the removal of the modification. Pigeons may not be worth the headache he's about to endure. It's been four years. MS. PEDROZO HERNANDEZ: Okay. He want to ask for the permits again for the chicken house. CHAIRMAN KAUFMAN: And they'll turn it down again. BOARD MEMBER FUENTES: Take it out. MS. PEDROZO HERNANDEZ: Okay. He decide to remove it. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Please reiterate, he doesn't have to remove it. He's just got to take care of the modifications that he's added since he owns the property. BOARD MEMBER FUENTES: Jeff, you're -- he doesn't -- it's an addiction for him. He needs to remove it. MS. PEDROZO HERNANDEZ: Okay. He going to -- he going to put it back the same way that it was before. CHAIRMAN KAUFMAN: Okay. Whatever makes Code Enforcement happy makes all of us happy. Then he needs to come back -- first we have to find out -- obviously a violation does exist. That's when we heard the case originally. So right now he's going to remove that, we're going to give him -- we're going to make a motion to extend the time that he has to remove it. How long does he think it will take to do that? MS. BUCHILLON: A continuance. MR. MARINOS: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MR. MARINOS: I think in light of the time this case has taken and the amount of grace he's been given, we would request a minimal -- February 22, 2024 Page 43 CHAIRMAN KAUFMAN: Yes. MR. MARINOS: -- as much as possible, continuance. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: All right. I'll make a motion. MS. PEDROZO HERNANDEZ: He say, like, three months. BOARD MEMBER FUENTES: No. Can't do it. I'm going to make a motion here to grant a continuance for 15 days. We'll give it 30 days; that way he's here for the next one. BOARD MEMBER AYASUN: Thirty days. BOARD MEMBER FUENTES: Thirty days. And that today's operational costs of $59.77 do get paid within 30 days. BOARD MEMBER JOHNSON: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So he has 30 days. When's our next meeting, Helen? MS. BUCHILLON: March 28. CHAIRMAN KAUFMAN: March 28th. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: So our next meeting is a month February 22, 2024 Page 44 from now. It needs to be gone, and then he can come back and ask for a reduction in the fine. MS. PEDROZO HERNANDEZ: The whole house has to be removed? CHAIRMAN KAUFMAN: Whatever -- BOARD MEMBER RUBENSTEIN: What about the swimming pool? BOARD MEMBER AYASUN: That's done. That's thing is done. All done. CHAIRMAN KAUFMAN: That's gone. MR. MARINOS: We can discuss the details of exactly what needs to be done. CHAIRMAN KAUFMAN: Outside, yes. BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: We have a motion and a second. BOARD MEMBER AYASUN: All in favor. CHAIRMAN KAUFMAN: All in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER BHATLA: (No verbal response.) CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. BOARD MEMBER BHATLA: I have a question. CHAIRMAN KAUFMAN: Okay, Bart. BOARD MEMBER BHATLA: Is there any problem with the vegetation itself? I mean, is that involved in the permit process? MR. MARINOS: That's not an open case. That is only because of the permit issuance. They flagged it for the permit itself. It's not a case we currently have. BOARD MEMBER BHATLA: Okay. February 22, 2024 Page 45 BOARD MEMBER AYASUN: If I may say something. If he doesn't remove this in time, it will be world's most expensive chicken coop. As you called it earlier, you called it chicken poop. It becomes a chicken poop. Take it out. CHAIRMAN KAUFMAN: Okay. Hopefully one month this headache will go away, okay? BOARD MEMBER AYASUN: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: I was waiting for our member to return. MR. LETOURNEAU: He's explaining the situation right now. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Do you want to take a five-minute break? CHAIRMAN KAUFMAN: I don't want to spoil Terri. Why don't we just see what's going to be next. MS. BUCHILLON: ***All right. Next case, No. 5 under -- we're still under imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: CE20200005364, Jose J. Hernandez Montero and Yudeisy Pedrozo. 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. HERNANDEZ: I do. MS. PEDROZO HERNANDEZ: I do. MR. HERNANDEZ: Good morning, Your Honor. CHAIRMAN KAUFMAN: Okay. We're waiting for -- Jeff, do you want to go poke him? February 22, 2024 Page 46 Terri, do you want to swear in the shortest one there? THE COURT REPORTER: No. MR. COOPER: For the record, Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Do you want to read this case into the record for us? MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Sure. MR. COOPER: The past order: On January 28th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5896, Page 3104, for more information. The violation has been abated as of December 18th, 2023. Fines have accrued at a rate of $200 per day for the period from May 29th, 2021, to December 18th, 2023, for 934 days, for a total fine amount of $186,800. Previous assessed operational costs of $59.35 have been paid. Operational costs for today's hearing would be $59.42; brings the total amount to $186,859.42. A, the gravity of the violation is not health and safety. B, any actions taken by violator to correct Permit PRBD20200730945 was obtained from the unpermitted addition and received a certificate of occupancy on December 8th of 2023. C, any previous violations committed by this respondent, no. D, any other relevant factors, no. CHAIRMAN KAUFMAN: Okay. It looks like this took quite a while to clear up. MR. HERNANDEZ: Yes, sir. MS. PEDROZO HERNANDEZ: Yeah, when we started -- we started from the beginning, from the bottom to the top. Yeah, when February 22, 2024 Page 47 Code Enforcement get to the house, we had the footing on the house only. After that, we pulled the permit, and they rejected three times. So it took like almost a year and a half to get the permit done to start -- to start building -- to continue to building the addition to the house. We finish already in December, and we are here to see if you can give to us a waive. CHAIRMAN KAUFMAN: Okay. So this started in 2021, in May? MS. PEDROZO HERNANDEZ: Yes, correct. BOARD MEMBER AYASUN: January. CHAIRMAN KAUFMAN: Okay. So you're asking for a reduction. Why did it take so long to -- this amount of time to get a permit? MR. HERNANDEZ: Sir, the problem is we wait a year and a half for -- we waited a year and a half or one more year for they rejecting our permits all the time, and also we had the situation with the COVID and stuff. People don't want to work. People don't want to go to homes. We've got a lot of situation. We got a kid. I working all by myself. My wife not working. I am the only one in charge of everything. I know it's not you, you know. It's being on me, you know, myself. I tried to work in the hurricane. Well, every time something on the workers or myself, I don't have no time because I spend my time in the home. I don't have time to make money to my [sic] kids -- I got four kids. And I'm the only one working in the house. And all the stuff is done a little bit, you know. Only thing I'm asking you, if you can give me a waiving to avoid all the fines because, really, I'm working hard to finish the project on time, but it's not all me. There's a lot of stuff coming up. If, you know, you can take off -- away from me, I really appreciate it, you February 22, 2024 Page 48 know. I am the only person working at home, and I tried to do my best to do it on time. BOARD MEMBER FUENTES: Okay. I'm going to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'm going to make a motion that today's operational costs do get paid for $59.42 within 30 days. MR. HERNANDEZ: Yes, sir. BOARD MEMBER FUENTES: And we are also going to reduce the county's fines to a thousand dollars flat, okay? MR. HERNANDEZ: Okay. BOARD MEMBER FUENTES: So instead of $186,859, you would only be paying a thousand. MR. HERNANDEZ: Okay, correct. BOARD MEMBER AYASUN: Second. BOARD MEMBER FUENTES: That would need to be paid within 60 days. MR. HERNANDEZ: No problem, sir. BOARD MEMBER FUENTES: Okay. So you've got 30 days to pay today's operational costs of 59.42, and a thousand dollars within 60 days. MR. HERNANDEZ: Okay. No problem, sir. Thank you very much. CHAIRMAN KAUFMAN: Let me -- okay. That's the motion. We have a second. And all in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. February 22, 2024 Page 49 BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. MR. HERNANDEZ: Thank you, sir. God bless you. BOARD MEMBER AYASUN: That was good. CHAIRMAN KAUFMAN: Okay. Helen, that brings us to? MS. BUCHILLON: Next case, No. 8, CESD20220005192, Jose L. Alvarado Mata. CHAIRMAN KAUFMAN: This is not imposition? MS. BUCHILLON: Yes, we're still under imposition of fines. CHAIRMAN KAUFMAN: Which number is it? MS. BUCHILLON: Number 8. CHAIRMAN KAUFMAN: Okay. MS. GOMEZ: Good morning, everybody. CHAIRMAN KAUFMAN: Good morning. If you want to swear them in, Terri. We seem to be missing, probably, Chuck. THE COURT REPORTER: Are you going to translate? MS. GOMEZ: Yes, ma'am, I am. 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. GOMEZ: Yes, ma'am. THE COURT REPORTER: What was your name? MS. GOMEZ: Maribel Gomez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. February 22, 2024 Page 50 MR. ALVARADO: Yes. CHAIRMAN KAUFMAN: Okay. We're all sworn in? THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: County also? THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us? MR. HOLMES: Absolutely. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On May 25th, 2023, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6258, Page 1637 for more information. The violation has been abated as of December 14th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for the period from September 23rd, 2023, to December 14th, 2023, 83 days, for a total fine amount of $4,150. Previously assessed operational costs of $59.28 have been paid. Today's operational costs are $59.35. Total amount: $4,209.35. Gravity of the violations is not health and safety. Any actions taken by the violator to correct: All structures that were in violation have been demolished; violation abated as of December 14th, 2023. Previous violations committed by the respondent/violator: Case No. CEAU20220007161, violation abated as of September 26th, 2023. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So you had a structure that wasn't permitted and you removed it? February 22, 2024 Page 51 MS. GOMEZ: Yes. CHAIRMAN KAUFMAN: Can you tell us why it took so long if you were going to demo it? MS. GOMEZ: Okay. Okay. I spoke to him outside. He went to Mexico, so he went to get the permit, and they said that he couldn't get it. And he hired an architecture [sic] that made him the plan, the floor plan. Okay. So they built it and then he had to demolish it because he didn't apply -- he didn't qualify for the permit. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'm going to go ahead and make a motion here. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'm going to reduce the county's fines to a flat 150 versus the prior fine of $4,209.35. CHAIRMAN KAUFMAN: To be paid within 30 days. BOARD MEMBER FUENTES: He's also going to have an operational cost today of $59.35. So the entire motion's going to be that he needs to pay 209.35 within the next 30 days. BOARD MEMBER AYASUN: Major reduction. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have 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 FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. February 22, 2024 Page 52 CHAIRMAN KAUFMAN: Okay. One nay. So you heard the numbers; that's it. MS. GOMEZ: Thank you. CHAIRMAN KAUFMAN: Thank you. Okay, Helen. MS. BUCHILLON: Keep going? CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: We're still under imposition of fines. Number 9, CESD20190014019, Yunior Lopez Morell. 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. FLORES: 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. MARINOS: I do. MR. LOPEZ: I do. THE COURT REPORTER: Can you state your name again for me? MR. FLORES: Deo Flores. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. LOPEZ: Junior Lopez. Junior Lopez. MR. FLORES: And Deo Flores. CHAIRMAN KAUFMAN: Okay. Chuck, we know you by now. Okay. Do you want to read this into the record for us? MR. MARINOS: Yes, sir, I certainly will. Past orders: On June 23rd, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and February 22, 2024 Page 53 ordered to correct the violation. See the attached order of the Board, OR5979, Page 3420, for more information. On February 24th, 2022, the Code Enforcement Board granted an extension of time. See the attached order of the Board in docs and images for more information. On June 23rd, 2022, and September 28th, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in docs and images for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at a rate of $50 per day from May 25th, 2022, to February 22nd, 2024, 639 days, for a total fine amount of $31,950. Fines continue to accrue. Previously assessed operational costs of $59.28 and $59.63 have been paid. Operational costs for today's hearing is $59.84, for a total amount of $32,009.84. CHAIRMAN KAUFMAN: Okay. It says that this is -- has not been abated, and this goes back to June 23rd, 2021, and the fines continue to accrue. Since it is not in compliance, the only thing that the Code Enforcement Board could do is to either extend the time, which has been done many times, or impose the fine, and you still have to get this thing into compliance. So why is it taking so long to do this? MR. FLORES: He says that the company that he's been working with has been giving him issues this entire time, and he's been trying to persistently keep working hard to try to, like, get through these, but the company is working slowly and isn't really working well with him. BOARD MEMBER FUENTES: To clarify, I believe he had Octavio last time we heard this, correct? MR. FLORES: Yes. BOARD MEMBER FUENTES: Can you ask him if that was February 22, 2024 Page 54 who the contractor was? MR. LOPEZ: We pay [sic] everything for this company, four months. MR. FLORES: Yes, it was. CHAIRMAN KAUFMAN: You're to the point now -- I mean, they build high-rises on the beach in less time than this has taken. MR. FLORES: He says that he's been going every week to try to, like, work with this company, but this company isn't complying with them. CHAIRMAN KAUFMAN: You're still staying with the same company that's causing this big delay? I want you to say all that on the mic. MR. FLORES: He says he's currently wasted a lot of money working with the company, and he's trying to, like, see, like -- to get his money through, because he's already wasted, like, money working with the company. BOARD MEMBER FUENTES: Yeah. I'm just going to discuss real quick with the Board. This particular case had a contractor, Octavio, who, unfortunately, he had paid money for, didn't work out, and he had purchased this property already in violation. So he bought it without knowing, just to give a quick recap. So I know we've got 2019 here but, unfortunately, this guy's kind of hit a few walls. I mean, as much as I like to fine things, I think this one might be a little rough. BOARD MEMBER BHATLA: But how would it come into compliance, though? It has to be -- it has to come into compliance. BOARD MEMBER FUENTES: I'm going to assume it's probably a financial struggle that he's trying to meet. He just hired, unfortunately, somebody in that area that hasn't been able to rectify the issue for him, so he's -- February 22, 2024 Page 55 BOARD MEMBER BHATLA: So he has to change the contractor? BOARD MEMBER FUENTES: Which we know about this already. We don't -- you know, this is something that happens to some folks, and we need to decide whether or not we want to punish him for that or provide him time again to try to rectify it. BOARD MEMBER ELROD: Well, it needs to be rectified either way, so if we give him time -- BOARD MEMBER FUENTES: I think I would tell him that this would be the final time. BOARD MEMBER ELROD: And how much time do you think you require to get it done? CHAIRMAN KAUFMAN: Let me ask a question. The alterations in the rear of the residence, how much work is involved in getting that done? MR. LOPEZ: The house is ready for inspection. The house is ready for inspection. The problem -- from the pop in [sic] Collier, the company for Collier. CHAIRMAN KAUFMAN: I didn't understand. BOARD MEMBER FUENTES: Basically he says the property's ready for inspection. The problem here is the paperwork with the county. He's pending the paperwork now, is what he's saying. CHAIRMAN KAUFMAN: What paperwork? BOARD MEMBER FUENTES: The elevation certificate. MR. MARINOS: If I can speak to the condition of it right now. There's two permits for the -- one for the primary structure. It is for a lanai, office, and bath -- that's right, lanai, office, and bath in the back of the primary structure done by the previous owner. That is in "inspections commenced." So inspections have already begun. The second is for the detached shed. That is also in "inspections February 22, 2024 Page 56 commenced." My understanding -- granted there is a bit of language barrier, but we've translated to the best we could -- is that we're -- they're waiting for ASSA permitting to call in the final inspections and then apply for the CO. I will say that I have seen -- he has shown me some of his correspondence with ASSA. I'd say that it looks like he's been pretty diligent about staying on top of them. I think we know some of the issues there that have come up in the past. CHAIRMAN KAUFMAN: So the work has been done? MR. MARINOS: The work has been done. This is all after the fact. CHAIRMAN KAUFMAN: All done. Inspections? BOARD MEMBER AYASUN: Are both commenced on both of them. Not completed, but commenced. CHAIRMAN KAUFMAN: Okay. Commenced. So we'll take that into consideration. So when I'm looking at this right now, being as it goes back to 2021 -- I know he worked with a contractor that, for lack of a better term, screwed him up with the payments and money and et cetera. So as far as time is concerned, since the inspections have commenced, once the inspections are done, it shouldn't take long to get a CO. MR. MARINOS: Typically not. Elevation certificate, I know, is part of the issue. So you have to meet conditions and meet the inspections. CHAIRMAN KAUFMAN: The elevation -- MR. MARINOS: Would be part of the conditions. CHAIRMAN KAUFMAN: The elevation certificate could have been done six months ago. MR. MARINOS: Of course, of course. February 22, 2024 Page 57 CHAIRMAN KAUFMAN: Okay. So I think the next motion that we make that I would approve will have a -- we used to call it a drop-dead date. If you don't make it by then, we're going to consider imposing fines. So 60 days? BOARD MEMBER FUENTES: So 60 days would probably be something that we would agree that this would be the final olive branch. BOARD MEMBER AYASUN: The drop-dead. BOARD MEMBER RUBENSTEIN: Jeff, is 60 days realistic? MR. LETOURNEAU: I would say 60 days is -- on top of everything else he's -- you know, given is plenty of time, yes. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ: (Speaking in Spanish.) BOARD MEMBER FUENTES: Before you say that, it's not going to be any more than 60, and it's just going to make it look bad. CHAIRMAN KAUFMAN: Still going to have to come back because the fines will have to be modified or imposed. So I'll make the motion that we grant a 60-day continuance. Fines continue to accrue. The operational costs for today, $59.84, to be paid within 30 days, and -- BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. That's my motion. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. February 22, 2024 Page 58 BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have two months. They're doing the inspections. Hopefully that could be done almost immediately. Chuck can always twist their arm to speed things up, I'm sure. He's a frequent flyer on these things. MR. MARINOS: I can't control them, but I certainly can talk to someone and see if they might be willing to take a look at it a little bit faster. CHAIRMAN KAUFMAN: Make a -- they can't say no. Okay. All right. So you have 60 days to get everything done, and then we won't -- we'll see you one more time. MR. LOPEZ: Okay. CHAIRMAN KAUFMAN: Okay? MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: We're going to take a 10-minute break for the court reporter. So we are in recess for 10 minutes. (A brief recess was had from 10:33 a.m. to 10:45 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay. Helen, we are up to? MS. BUCHILLON: We are still under imposition of fines. We are going to No. 12, CEVR20210009902, Iron Ranch Containers, Inc. Actually, No. 13 and 14 are also the same respondent. CHAIRMAN KAUFMAN: Okay. And we have a speaker on Item 12, Maria. Is she here? MS. BUCHILLON: No, it's not for that one. It's imposition of fines, that one. CHAIRMAN KAUFMAN: Also No. 12. February 22, 2024 Page 59 MS. BUCHILLON: Yes. I mean regular hearings, I'm sorry. I'm so sorry. CHAIRMAN KAUFMAN: Right, okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. MS. AUCLAIR: I do. MR. AGUIAR: I do. CHAIRMAN KAUFMAN: Okay. Can you state your name on the mic for us, please. MR. AGUIAR: Robert Aguiar, Iron Ranch Containers. CHAIRMAN KAUFMAN: Okay. MS. AUCLAIR: Claudine Auclair, AUC Consultant. CHAIRMAN KAUFMAN: Okay. Frequent flyer. Go ahead. MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Past orders: On February 24th, 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 the attached order of the Board, OR6102, Page 1032, for more information. On January 26th, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board on documents and images for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at the rate of $100 per day for the period from August 24th, 2022, to February 22, 2024, 548 days, for a total fine amount of $54,800. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. February 22, 2024 Page 60 Operational costs for today's hearing is $59.49. Total amount is $54,859.49. CHAIRMAN KAUFMAN: Okay. As we just went through the previous one, this is not in compliance. MS. AUCLAIR: That's correct, although we have made efforts, and I'm going to -- if you give me a couple minutes, I'd just like to explain to you what we're going through. CHAIRMAN KAUFMAN: Go ahead. MS. AUCLAIR: We have had a pre-application meeting back in April of 2023 with Planning and Zoning Department from Collier County, Growth Management. We had applied at that time, through meetings and discussing with staff, that a Site Development Plan would have been -- was required to develop the property. Keep in mind, the property is zoned agricultural. Basically, the site plan is to provide an access. The farm buildings -- this is an ag exempt property. Mr. Aguiar also has obtained from the federal government U.S. Department of Agriculture a farm identification number. So the Site Development Plan is mostly to -- how would I say? -- legalize the structures that are going to be put on the property, because being farm and ag exempt, they will not need building permits per se. There are different steps that are required. We are in the process of also getting a zoning verification letter for nonresidential farm building. We've resubmitted twice on that. We have just recently, two weeks ago, obtained our wetland determination for both five-acre pieces. There are no wetlands on either property, which is good. We obtained surveys that are required to submit for the site plan. We obtained drainage plans that are required for the site plan, and we're in the process of finalizing drawings for the clearing that is required to show on the site plan. February 22, 2024 Page 61 We actually just found out yesterday that the application is actually not going to be a Site Development Plan, but we need a new pre-application because it should actually be a Site Improvement Plan. CHAIRMAN KAUFMAN: Okay. We're not here to hear this case. We are here to impose a fine. MS. AUCLAIR: Yes. CHAIRMAN KAUFMAN: Okay. So what was done in the past was done. What we have right now is a case before us that started in February of '22, two years ago. It is not in compliance now. MS. AUCLAIR: I understand. We are working towards compliance, and we would like to request, if possible, some extension because now we have to submit a different type of site plan. It's not going to be an SDP. CHAIRMAN KAUFMAN: It's just a different excuse every time you come before us. It's February 24th, 2022. That was two years ago. And it's just one after the other after the other. So when is the last request you're going to have for more? Come back, we give you 60 days or 90 days, you'll come back in 90 days and ask for another extension? We've run out of extensions. MS. AUCLAIR: I understand, and I appreciate what the Board has done so far. We are doing everything we can to come into compliance. Mr. Aguiar has another property in Immokalee that he just paid an engineering firm $30,000 to complete a site plan. It's not his intention of not doing it. It's a question of time and getting all the information and the documents required. Surveys for properties, when it's projects like this, it's not a really easy cost like $700. We are doing everything we can to come into compliance, and it's his goal to come into compliance. Like I just said, he did it in February 22, 2024 Page 62 Immokalee on another one of his properties. We want to do the same thing on this property. We are not trying to not do it. We just require the right step in order to get all the documents together. CHAIRMAN KAUFMAN: Well, the description of the case is the removal of native and prohibitive exotic vegetation from unimproved property using heavy machinery. That's the code. So that was two years ago. So to my way of thinking -- I can't turn the clock back two years -- why was it done without a permit? MR. AGUIAR: I got -- I thought with my agriculture permit I was able to clear it. That's why. MS. AUCLAIR: With his ag exemption, he was under the impression that this kind of work was being allowed. And also, the Site Development Plan -- sorry. The Site Improvement Plan that we're going to be submitting allows for the clearing because of the ag property. That was confirmed by Environmental. We need to show them as long as we maintain 45 percent -- I'm sorry. As long as we clear no more than 45 percent, which he is definitely not even close to that, we will be able to clear what he needs to install his farm office building and the pole barns on the property for the operation of his nursery. CHAIRMAN KAUFMAN: I'd like to know what the county has to say. Jeff, this has been going on for two years. MR. LETOURNEAU: Did you mention that you had some DEP issues or -- MS. AUCLAIR: We have no DEP issue. We received the wetland determination. Everything is up to date. MR. LETOURNEAU: How long did that take, though; I mean, quite a bit of time? MS. AUCLAIR: Four months to get. MR. LETOURNEAU: I would leave it up to the discretion of February 22, 2024 Page 63 the Board at this time. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Sir, since February of '22, have you been represented by counsel or a realtor that deals with agricultural property? Who's been guiding you along for the last two years as to what to do or not do? MR. AGUIAR: I've been working with Claudine, but before that the neighbors around the area where I bought my property. BOARD MEMBER RUBENSTEIN: So you listened to the neighbors? MR. AGUIAR: At the beginning. I didn't know I was -- I wasn't able to clear. I found out with code. BOARD MEMBER RUBENSTEIN: Okay. MS. AUCLAIR: And since Mr. Aguiar reached out to me, we have been in constant communication with the county staff, with code enforcement, planning and zoning, building department, to make sure we follow the steps. I am not an engineer, and I don't pretend to be an engineer. But some of these things that receive guidance, unfortunately, sometimes, is not the right -- we were told to submit an agricultural clearing notification, and then we were told to withdraw that application. BOARD MEMBER RUBENSTEIN: So like the Chairman says, what's the difference between today and 90 days from now? What's going to happen? MS. AUCLAIR: As I said, we've obtained documents that are required to submit. We need wetland determination. We need surveys, boundary surveys, topography surveys. We need the septic site plan. If we submit -- we could submit a site plan -- Site Improvement Plan, but then you get rejected when you don't have the right February 22, 2024 Page 64 information. Now they don't even accept an application if you don't meet all criterias that are required. They don't have to be approved immediately, but you have to have on the list -- a checklist that is provided. If you don't have all these items, they don't even accept your application. BOARD MEMBER RUBENSTEIN: Yeah. Cristine, how long do you feel it would take for all of the paperwork to get completed? MS. PEREZ: Just the review process, when she does submit for the Site Improvement Plan, Claudine would be able to explain how much time frame, you know, she would need to gather all that information on the checklist. But that is accurate; they do have a checklist, and things are checked before it gets moved forward. But the review process in itself would be a minimum of 30 days from submittal, and then if there's any corrections that need to be done to that, it would go back to her. They'd have to redo the corrections and then resubmit, and another 30 days from there, at a minimum. BOARD MEMBER RUBENSTEIN: And what else beyond that would be needed as far as time? MS. PEREZ: Then she would also need the vegetation removal permit that would go along with that Site Improvement Plan. So depending if they want to approve the site plan or if they review them simultaneously. They may need to review them simultaneously and approve one before they approve the other. BOARD MEMBER ELROD: How much time do you think it's going to take? MS. AUCLAIR: At the most -- I would hope nine months at the most, between six and nine. It takes time. I mean, I think -- even building permits nowadays take time. I deal with building permits on a regular basis. CHAIRMAN KAUFMAN: I understand that, but '22 to '24 is two years. So I know it takes time. You've gotten -- the respondent February 22, 2024 Page 65 has gotten two years so far, and we are nowhere. Not a branch has been moved. Nothing has been done. Am I correct? MS. AUCLAIR: You may not see it on paper -- CHAIRMAN KAUFMAN: No, on the property. MS. AUCLAIR: -- on the application, but -- CHAIRMAN KAUFMAN: Has anything been done on the property other than the removal of those -- that vegetation? MS. AUCLAIR: You can't do anything on the property until you get the Site Improvement Plan approved. If not, it turns into another violation. Mr. Aguiar's property in Immokalee that he did a Site Development Plan, it started in 2019. The application -- the pre-application meeting was February 21, 2019, and the approval of the Site Development Plan was April 16th, 2023. BOARD MEMBER FUENTES: We've got two of these, correct? MS. AUCLAIR: That took four years. CHAIRMAN KAUFMAN: Yes. MS. PEREZ: I'm sorry. BOARD MEMBER FUENTES: Yeah. Two of these is going to be fun. MS. AUCLAIR: Two of those? BOARD MEMBER RUBENSTEIN: I have a question, Chair. BOARD MEMBER FUENTES: No, two of these cases here. MS. PEREZ: There's three. Three cases, two addresses. MS. AUCLAIR: The county has allowed Mr. Aguiar to actually apply for one set of plans because the properties are side by side. They've agreed to let us -- so we don't have to do double the work, the same site is going to be applicable for both lots. Eventually in the future, should he decide to sell one of the parcels, then that would require an amendment to remove one of the parcels. But in the February 22, 2024 Page 66 meantime, the county has agreed to do it only as one Site Improvement Plan. BOARD MEMBER ELROD: I'll make a motion to give him six months, your drop-dead date. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: You have a question. Okay. BOARD MEMBER RUBENSTEIN: Are we listening -- are we hearing all three of these cases as one? CHAIRMAN KAUFMAN: Yes, and we'll vote on them separately. BOARD MEMBER AYASUN: Separately. BOARD MEMBER RUBENSTEIN: Because No. 13 is a little bit different than 12 and 14. So you're okay with everything that's on the three? MS. PEREZ: Her testimony would be the same because the items that are stored on that property would -- they're all in the same conjunction. BOARD MEMBER RUBENSTEIN: Okay. So we're voting for three? CHAIRMAN KAUFMAN: We're going to vote individually on the case numbers. BOARD MEMBER RUBENSTEIN: Three times? CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER RUBENSTEIN: Okay. I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. BOARD MEMBER ELROD: So the operational costs paid within 30 days and six months to come into compliance. CHAIRMAN KAUFMAN: Okay. Any other questions? (No response.) February 22, 2024 Page 67 CHAIRMAN KAUFMAN: All those -- BOARD MEMBER RUBENSTEIN: I have a comment. CHAIRMAN KAUFMAN: Okay. Make it before we vote. BOARD MEMBER RUBENSTEIN: Yeah, it is. It's before we vote. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: All right. You gave another party a drop-dead date that it must come in compliance that -- CHAIRMAN KAUFMAN: Drop-dead date is something I use. I don't think it's in the company's [sic] vernacular, but -- BOARD MEMBER RUBENSTEIN: All right. CHAIRMAN KAUFMAN: -- this is a case that we won't forget. MR. LETOURNEAU: I think what you mean is if they come back, you're not going to be so lenient on them. CHAIRMAN KAUFMAN: Generous. BOARD MEMBER BHATLA: Kathleen -- CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: -- would you agree to -- would you agree to nine months? BOARD MEMBER ELROD: You would like me to modify just so they're done? BOARD MEMBER BHATLA: Yeah. BOARD MEMBER ELROD: I'm getting a lot of nos. CHAIRMAN KAUFMAN: I won't -- no. BOARD MEMBER BHATLA: Well, it takes time. BOARD MEMBER ELROD: That one won't fly. BOARD MEMBER RUBENSTEIN: You've got a motion and a second. CHAIRMAN KAUFMAN: I mean, they could ask for three years, too. February 22, 2024 Page 68 (Simultaneous crosstalk.) BOARD MEMBER BHATLA: We won't go to three years. CHAIRMAN KAUFMAN: Well, I don't think we're going to go to anything more than six months -- BOARD MEMBER BHATLA: Okay. CHAIRMAN KAUFMAN: -- personally, but -- BOARD MEMBER RUBENSTEIN: That's why I asked her -- CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Six months is good. BOARD MEMBER RUBENSTEIN: -- how long is this going to take, roughly. BOARD MEMBER ELROD: But you're right, if it's rejected, it's going to be another 30 days. MS. PEREZ: Yes, if there's a rejection. CHAIRMAN KAUFMAN: Six months takes that into consideration. BOARD MEMBER BHATLA: Okay. Six months is fine then. CHAIRMAN KAUFMAN: Okay. So now, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. One nay. All right. You have six months. MS. PEREZ: So for the record, I'll read the -- BOARD MEMBER ELROD: Other two. February 22, 2024 Page 69 MS. PEREZ: I'll read the other two. CHAIRMAN KAUFMAN: Two cases. We'll vote on those. MR. PEREZ: Yes. CHAIRMAN KAUFMAN: Just the case numbers are probably okay, Cristine. MS. PEREZ: Okay. So the next case would be No. 13 on the agenda under old business, CELU20210010367. CHAIRMAN KAUFMAN: Okay. All those in favor of the previous motion on this property, say aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. That carries unanimously. Number 14. MS. PEREZ: Number 14, Case No. CEVR20210010368. CHAIRMAN KAUFMAN: Okay. Same thing on this one. All those in -- the same previous motion that was made, agree to this, say aye. BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. February 22, 2024 Page 70 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PEREZ: Thank you, Board members. CHAIRMAN KAUFMAN: Thanks, Cristine. MS. AUCLAIR: Thank you. MR. AGUIAR: Thank you. BOARD MEMBER ELROD: Just make sure they know it's all three operational costs. MS. AUCLAIR: That's what I was going to ask. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER BHATLA: We included the operational costs? CHAIRMAN KAUFMAN: Yes, because that was part of the first motion, and we made the same motion for the second and third case. Okay. Helen, what's up? MS. BUCHILLON: Next case, No. 19, CESD20230002893, Israel Acevedo and Nereida Rosa. 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. ACEVEDO: I do. MS. ROSA: I do. MR. COOPER: Yes, I do. CHAIRMAN KAUFMAN: Okay. This was an addition to the rear of a home prior to obtaining a building permit. MR. COOPER: Past orders -- I'm sorry. Craig Cooper, Collier County Code Enforcement. Past orders: On September 28th, 2023, the Code Enforcement February 22, 2024 Page 71 Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6298, Page 1667, for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at a rate of $200 per day for the period from January 27th, 2024, to February 22nd, 2024, 27 days, for the total fine amount of $5,400. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing are $59.42, for a total amount of $5,459.42. CHAIRMAN KAUFMAN: Okay. So the operational costs of 59.28 prior -- they have been paid? MR. COOPER: Yes, sir. MS. BUCHILLON: Yeah, probably paid it just recently. CHAIRMAN KAUFMAN: I know it says "have not," but they paid after that. Okay. That's why I wanted to clarify it. Okay. As the last case, is not in compliance, so... MR. ACEVEDO: Hi. My name is Edward Acevedo. I'm representing my parents. I live on the property as well. I was aware of this. They gave us 120 days at the time. I knew that was going to be an issue. At the time, I submitted for plans, submitted for a permit. It got rejected. I had to come up with new survey and a detail of what I put on the property. The existing structure was there. All I did is remove the screens and put windows and put stucco finish on the outside. So at the time during November through December, I was out of town on a job, so I wasn't able to get much information. I was asking my mom, you know, I know we've got a time limit on this, so how much do we have time? She gave me a date. I thought it was far out. I told -- I talked to Cooper the other day -- that I thought I February 22, 2024 Page 72 had till August -- no, I mean, April. MR. COOPER: Right. MR. ACEVEDO: Till April. And I go, no, that's not right. Your time expired last month. I'm like, I wasn't aware of it. In the meantime, I had to get a survey. It took a while to obtain a survey company financially and trying to get someone to come out and do it as fast as possible. So it took them a month, and then it took another three weeks to get the paperwork from them. Then I had to submit it to my engineer. That took another three weeks to get it in. Finally I got all that in, everything went in and got submitted this past weekend. He just updated. He saw it this morning in his records. So hopefully everything goes through. So what I'm asking here now -- I know -- they told me it takes about 30 days for review, so I'm looking for at least three or four months. Hopefully it gets reviewed, I can pull the -- have the inspection done and be -- and close it up and it's done. THE COURT REPORTER: That's your mom? MR. ACEVEDO: My mom, Nereida Rosa. CHAIRMAN KAUFMAN: So you're looking for? MR. ACEVEDO: At least three months. Hopefully within the review, everything goes through -- because I went to the county last week and spoke with FEMA. That's who rejected the permit. She just needed a detailed letter of the material and what it's going to cost, because I had originally posted it was, like, $5,500 for material and all that, and labor. They weren't happy with that, so I wrote another detailed letter stating it went up to like -- I made it to 7500 just to satisfy them. And then with the new survey with the elevation of the lanai -- because it wasn't on the original plans for some reason, and I couldn't get ahold of the original survey company, so I had to submit February 22, 2024 Page 73 for a new survey, so that got in, so that's all we're waiting for. CHAIRMAN KAUFMAN: Okay. So you're waiting for what? MR. ACEVEDO: The review to see if it gets approved. CHAIRMAN KAUFMAN: The review. Have they given you any indication when that review -- MR. ACEVEDO: It just went in, so it takes 30 days. CHAIRMAN KAUFMAN: Okay. Thirty days. So why do you need three months? MR. ACEVEDO: Well, once that gets in there, I've got to call in for permitting and then hopefully they pass it and everything closes, there's no more issues. Just because they approve it -- once it gets approved, then I get a permit number, then I can call in the permit, then they come out. Who knows when that takes? And then, you know, close the account, and then everything's done. MR. COOPER: Yeah. If I could say, the permit just started the review process yesterday. CHAIRMAN KAUFMAN: Okay. And the permit is, what, the -- to okay the screens and windows? That's it? MR. ACEVEDO: I removed the screens, and it's all windows and stuccoed out the exterior of it. It's still a Florida room. It's not tied into nothing. It's just -- I just removed the screen in the lanai, and I just closed it in and put windows in so we have a hangout room with the kids when the grandkids come over. CHAIRMAN KAUFMAN: So that's all been done? MR. ACEVEDO: That's all been done. CHAIRMAN KAUFMAN: Physically. So you're just waiting on paperwork? MR. ACEVEDO: Correct. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? February 22, 2024 Page 74 BOARD MEMBER FUENTES: No. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to give him the three months and pay the operational costs within 30 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: Second it. CHAIRMAN KAUFMAN: One second will be all we need. Okay. So we have a motion to grant three months, operational costs of 59.42 paid within 30 days. Okay. BOARD MEMBER ELROD: Fines will continue to accrue. CHAIRMAN KAUFMAN: Yes. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It passes. You have three months. MR. ACEVEDO: I appreciate it. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case? CHAIRMAN KAUFMAN: Yep. MS. BUCHILLON: Number 21, CESD20220000870, David H. Levine. MR. CATHEY: Good morning. February 22, 2024 Page 75 MR. LEVINE: The name's Levine. MS. BUCHILLON: Sorry about that. MR. LEVINE: That's okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LEVINE: I do. MR. CATHEY: I do. CHAIRMAN KAUFMAN: Okay. Removal of protected native vegetation with heavy machinery without a permit. Okay. Do you want to read this into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. Past orders: On April 27th, 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, OR6248, Page 838, for more information. On August 24th, 2023, Code Enforcement Board granted an extension of time. See attached order of the Board in documents and images for more information. Violation has not been abated as of February 22nd, 2024. Fines have accrued at $200 per day for the period November 23rd, 2023, to November -- excuse me -- to February 22nd, 2024. Total fine amount, $18,400. Fines continue to accrue. Previous assessed costs, $59.28, have been paid. Operational costs for today's hearing is 59.49. Total amount is 18,459.49. CHAIRMAN KAUFMAN: Okay. Well, first I want to congratulate you on two things. One is, this is probably the last time we're going to see you before our board. MR. CATHEY: Very likely. February 22, 2024 Page 76 CHAIRMAN KAUFMAN: And the second is your choice of your shirt. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Okay. Sir? MR. LEVINE: Yes. CHAIRMAN KAUFMAN: This was removal of vegetation with heavy equipment without a permit. MR. LEVINE: Yes. And I hired somebody to solve it named David Key. Paid him $1500. He said it was all done. He sent me an e-mail. I have the e-mail. I've showed Ryan. He appears not to know what he's doing, and he appears not to know that he's supposed to put it into a portal. So Michaelle Crowley, on the phone, on speakerphone last month, myself and -- together. David was not there, the person I hired. I had him on the phone, and I said, you need to put this into the portal. He said, I went in the portal, and it doesn't ask me for any information. Basically, he doesn't know how to do it. This morning, yesterday, he tried again. He doesn't know how to do it. It's in now. It got put in an hour ago. And whether Michaelle will accept it or not, I don't know that yet. But I keep paying people to do stuff that people aren't doing what they're supposed to do. And Michaelle says she doesn't accept e-mails, and he kept e-mailing it to her, not putting it into the portal. I explained to him he has to put it into the portal. So he didn't know how to do it. That's all there is to it. He's not a qualified person, and I got referred from a permit person who does permits for a living to him. I didn't know him. He got paid $1500 to do it. So -- CHAIRMAN KAUFMAN: I would tell you to report this to Contractors Licensing. MR. LEVINE: I'll stand here all day long. There's been five or February 22, 2024 Page 77 six people so far that have done things like -- exactly the same thing. They have no clue what they're supposed to be doing, don't finish the jobs. And I don't have time to keep paying them -- I don't have money to keep paying them and also reporting them. What does that do for me? That does something for you, but it doesn't do anything for me. CHAIRMAN KAUFMAN: So in likelihood, if Michaelle Crowley accepts what you have submitted -- MR. LEVINE: Yes. CHAIRMAN KAUFMAN: -- or what has been submitted, this case is done. MR. LEVINE: Correct. MR. CATHEY: Potentially. CHAIRMAN KAUFMAN: Right. MR. LEVINE: I'll still have to plant some plants in the -- like the permit, you know -- and like that, yes. CHAIRMAN KAUFMAN: Okay. So what you need is a time limit -- a time frame that Michaelle Crowley has time to respond to you. MR. LEVINE: Correct. Would this end as the permit is approved or after the job is done? CHAIRMAN KAUFMAN: Ryan. MR. CATHEY: The VRP will need to be approved and the vegetative mitigation planting completed before the case will be closed, and the fines will stop at that point. CHAIRMAN KAUFMAN: Okay. MR. LEVINE: I don't find it too hard to do the job. I just find it hard to get this to somebody to approve it. CHAIRMAN KAUFMAN: I understand. What it looks like for this case, that some sort of an extension of time should be imposed to get this thing into compliance. February 22, 2024 Page 78 BOARD MEMBER ELROD: How long do the plants have to be in before they're approved? MR. CATHEY: That would be a question for Environmental. I can find that out for you from Michaelle. MR. LETOURNEAU: I think -- for the record, Jeff Letourneau, Collier County Code Enforcement. I think there would be some form of monitoring of the plants to make sure there's a survival rate, I believe, of 80 percent; however, once he got his paperwork taken care of and the opportunity to replant, we would -- we would close our case at that time. If he failed to water the plants down the road, a new case would be opened up for that particular violation. BOARD MEMBER BHATLA: So it would be more like 120 days. CHAIRMAN KAUFMAN: Do you think 60 days would be in order? MR. LEVINE: I can't see how I can do it in 60 days the way people have been -- everybody I've been hiring, not exactly doing what they're supposed to do. I think I need a little bit more time than that. CHAIRMAN KAUFMAN: We need to send you to hiring school. MR. LEVINE: I'm pretty good at it, but that's not my -- BOARD MEMBER BHATLA: I propose 120 days. CHAIRMAN KAUFMAN: Do you want to make a motion? BOARD MEMBER BHATLA: Yeah. I make a motion, 120 days. BOARD MEMBER RUBENSTEIN: Fines continue. BOARD MEMBER BHATLA: Fines -- MS. BUCHILLON: Continuance. BOARD MEMBER BHATLA: -- continue. February 22, 2024 Page 79 BOARD MEMBER ELROD: Yes. BOARD MEMBER BHATLA: And they pay the operational costs. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. Operational costs of 59.49 to be paid within 30 days? BOARD MEMBER BHATLA: Right. BOARD MEMBER AYASUN: And fines continue. BOARD MEMBER BHATLA: Fine continues. CHAIRMAN KAUFMAN: And the fines continue to accrue. In other words, if you get this done ahead of time, it's in your best interest, since the fines are accruing, to come back and get this thing resolved. MR. LEVINE: Gotcha. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LEVINE: Thank you, guys. MR. CATHEY: Thank you. MR. LEVINE: Thank you, Ryan. MS. BUCHILLON: Next case, No. 22, CESD20220007782, February 22, 2024 Page 80 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: Everybody sworn? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Cool. Back again. MR. MARINOS: Back again. CHAIRMAN KAUFMAN: Do you want to read into the record for us? MR. MARINOS: I certainly will, sir. Past orders: On November 17th, 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, OR6323, Page 2227 for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at a rate of $250 per day for the period from January 17th, 2024, to February 22nd, 2024, 37 days, for a total fine amount of $9,250. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. They were paid just a little while ago. Operational costs for today's hearing is $59.28. For a total fine to date of -- just a moment. CHAIRMAN KAUFMAN: 9368.56 minus 59.28. MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. That works. Okay. Sir. THE COURT REPORTER: Your name? MR. MICHAEL: Sasha Michael. Good morning. February 22, 2024 Page 81 CHAIRMAN KAUFMAN: Good morning. MR. MICHAEL: This was one of -- should I just explain it? CHAIRMAN KAUFMAN: Are you Titus Enterprises? MR. MICHAEL: Yes. CHAIRMAN KAUFMAN: So you're the registered -- MR. MICHAEL: Owner, yes, sir. CHAIRMAN KAUFMAN: You're the owner, okay. So -- MR. MICHAEL: So with respect to this case, this is one of three. I was -- or this was decided, I was convicted, whatever, on a date I wasn't in town. I notified everybody I could prior to the date. It was still decided 250 a day. This pertains to a structure which is a hoop house; it's a nursery. It's for plants. They wanted me to get a permit, a building permit, which I obviously have no problem applying for, but they said I needed the vegetation permit first, and then that required DEP approval. That's the Department of Environmental Protection. I did all the applications. Constant communication with the processor whose latest communication on the 20th told me he's in training and he's out of town until the 26th and that someone from his department still has to do an on-site visit. I don't know how long these things take, but I cannot proceed, and I don't think fines should be accruing, and I don't think fines should even have been imposed because of that. That's all. CHAIRMAN KAUFMAN: Well. Unfortunately, you sit on that side of the fence, and the fines that get imposed are on this side of the fence, okay? So it's not what you think. It's if the county presented a case and the code board voted for it, you weren't here isn't our problem. It's your problem -- MR. MICHAEL: Okay. CHAIRMAN KAUFMAN: -- to get an extension or you're out of town or whatever. February 22, 2024 Page 82 MR. MICHAEL: Yeah. There should have been an extension. That's what I don't understand. If I'm not in town and I provided -- you know, the bookings for the vacations were made long before this, unfortunately. I'm not going to cancel all that. It should be a little bit of give and take. I just -- I didn't -- BOARD MEMBER FUENTES: Why do you feel that way if you violated, if you are in violation? No one told you to commit the violation. MR. MICHAEL: That is correct. BOARD MEMBER FUENTES: So why do you feel that you're being a victim when you decided to conduct the violation without doing proper research? MR. MICHAEL: Well, again, I mean, not to -- I'm just going to deal with the issues in this case. But it's not that I'm a victim; it's just that I would like to have been here for the date. That's all. BOARD MEMBER FUENTES: We would have, too. MR. MICHAEL: Well, I mean, you set a date I didn't know, and when I found out, I told him I can't make it, and then now I have to appear again. CHAIRMAN KAUFMAN: You told who that you couldn't make it? MR. MICHAEL: Chuck. CHAIRMAN KAUFMAN: Chuck? MR. MARINOS: So we received an e-mail requesting that the date of the hearing be rescheduled. That was passed up the chain of command, and it was decided that because there's multiple cases and the fact that there's a violation that needed to be addressed, the hearing was going to move forward, and the hearing was held on November 17th. Found in violation, as obviously the executive summary says. Now, he has another case, a vegetation removal requiring bona February 22, 2024 Page 83 fide ag use. It's an ag zoned property. He was given 120 days to take care of that violation. I just do want to note that that violation, these permits are contingent on that vegetation being taken care of. So he was here last month with the vegetation removal case, and he was given 120 days. Again, this one being contingent on that one. CHAIRMAN KAUFMAN: So in 120 days this all gets resolved? MR. MARINOS: So assuming the vegetation removal permit is issued and taken care of, that case closes, at which point in time he can apply for the permits for these greenhouses and the steps around the RV. He intends to use the greenhouses for agricultural purposes on the ag zoned property. He does not want to remove them for that reason. But, again, he cannot get a permit for the structures until it's allowed to be cleared. CHAIRMAN KAUFMAN: Yeah, I understand. Okay, Jeff. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I'd just like to point out this case was opened in August 18 of 2022. So this gentleman had plenty of time to take care of this before this was actually brought to a hearing. I don't think that him being here would have affected you guys finding a violation. Whether or not the time might have been extended longer if he was here, I don't know. But we have no objection at this time for any kind of continuance. CHAIRMAN KAUFMAN: Okay. When does the 120 days on the other permit hit the books? MR. MARINOS: That hits the books on -- if you just give me one moment. I'm sorry for the delay. I have to open up the other case, so... February 22, 2024 Page 84 CHAIRMAN KAUFMAN: Do you have any idea, Jeff? MR. MARINOS: That would be held on December 1st give -- 180 days, May 29th, 2024. CHAIRMAN KAUFMAN: So we gave -- MR. MARINOS: One hundred eighty days. I misspoke; 180 days. CHAIRMAN KAUFMAN: One hundred and eighty days. MR. MARINOS: To expire on May 29th, 2024. CHAIRMAN KAUFMAN: Okay. MR. MICHAEL: That was a separate case, right, that has to be taken care of first? CHAIRMAN KAUFMAN: Correct. MR. MICHAEL: And I've done everything in my power to address that case. CHAIRMAN KAUFMAN: Okay. Well, that case -- the clock is ticking on that. You have another three months until that case comes due. MR. MICHAEL: Correct. CHAIRMAN KAUFMAN: Okay. And what are you -- MR. MICHAEL: So I guess I need more time. I mean, just because of the fact -- CHAIRMAN KAUFMAN: How much time -- how much time do you need? MR. MICHAEL: From the date that that case is settled, then 180 days would be enough as long as that case is settled, because I can't move until that's done. CHAIRMAN KAUFMAN: So you're saying that case will be done in May? MR. MICHAEL: If not sooner. I'm trying to push for it as soon as possible. CHAIRMAN KAUFMAN: It could be done in March. February 22, 2024 Page 85 MR. MICHAEL: It could be done -- CHAIRMAN KAUFMAN: Or in April. MR. MICHAEL: Yeah. CHAIRMAN KAUFMAN: So Board have any comments? BOARD MEMBER ELROD: Well, until that's done, he can't move forward on this one. CHAIRMAN KAUFMAN: Right. We granted him six months on that other case. This is turning one case to the next. BOARD MEMBER RUBENSTEIN: I have a question and a comment, Mr. Chair. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Do you feel that this is going to get resolved in six months? I read that you don't think so. MR. MICHAEL: Oh, no. I feel it should be resolved much sooner. But, again, the balls aren't in my court with respect to the inspection that has to be done. Once it's done, you'll see it's very straightforward. BOARD MEMBER RUBENSTEIN: Okay. Jeff, how long do you feel this should take? MR. MICHAEL: Can I just say one thing? Just, the original complaint that started this was a trailer that was visible to my neighbor. Of course, that was promptly removed. BOARD MEMBER RUBENSTEIN: I remember. MR. MICHAEL: That's all done. And even now, I brought photos. You cannot see anything from the public view. Even from his neighboring perspective, it's minimal. BOARD MEMBER RUBENSTEIN: But a violation still exists. MR. MICHAEL: Violation, fair enough. But I just -- I wanted that to be known. MR. MARINOS: And just as a note, as you well know, the DEP does take a long time. The county is very well aware of that February 22, 2024 Page 86 time frame it can take. MR. LETOURNEAU: It does; however, I think that a lot of the paperwork and submissions could be completed before your vegetation removal permit is taken care of, or whatever the vegetation requirements on the other case are. So you could get the balance rolling, at least on most of that stuff. MR. MICHAEL: How exactly? Like, what paperwork exactly? MR. LETOURNEAU: Whatever you -- what structures are on there, Chuck, that need to be -- MR. MICHAEL: It's two greenhouses and then a set of stairs leading up to the front door -- MR. LETOURNEAU: Are they going to be -- is it -- are they going to need permits due to the ag exemptions or -- MR. MARINOS: They're well over the 100-square-foot allowable. MR. LETOURNEAU: Okay. All right. So what paperwork is whatever surveys -- MR. MICHAEL: Yes. MR. LETOURNEAU: -- you know, engineering drawings and stuff like that could be taken care of during this time. I mean -- MR. MICHAEL: I've already submitted that. I had to also pay for that survey. It was, like, $7,000, which is a lot. MR. LETOURNEAU: I just don't see any paperwork -- yeah, okay. All right. MR. MARINOS: I believe he's been advised to not actually turn in the building permit applications yet because it's contingent. (Simultaneous crosstalk.) MR. LETOURNEAU: But if you get it all together for the application to be ready, though. So not to wait till this -- the one's done and then start on the other one. You can be doing stuff, you February 22, 2024 Page 87 know, during it. MR. MARINOS: Of course. MR. LETOURNEAU: So I -- my opinion is that -- when did you say, May, of the other -- what was the other one? CHAIRMAN KAUFMAN: Yes. MR. CHUCK: May 29th, 2024, is the expiration of that. MR. LETOURNEAU: So, yeah, tie in six months with this one so he'd have till July to get the whole shebang done at that point. That would be my recommendation, yeah. BOARD MEMBER FUENTES: You're looking at five months. BOARD MEMBER RUBENSTEIN: When's our July meeting? BOARD MEMBER FUENTES: In five months. BOARD MEMBER ELROD: The 25th. CHAIRMAN KAUFMAN: Actually, I can tell you because we just -- BOARD MEMBER RUBENSTEIN: We just got the sheet. BOARD MEMBER ELROD: The 25th. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: The 25th. CHAIRMAN KAUFMAN: Okay. Somebody want to make the motion? BOARD MEMBER RUBENSTEIN: I do. Helen, when's our meeting in July? MS. BUCHILLON: The 25th. BOARD MEMBER RUBENSTEIN: Twentieth? MS. BUCHILLON: Twenty-fifth. BOARD MEMBER RUBENSTEIN: All right. I'd like to make a motion to continue this case till July 25th with fines continuing, and the 59 -- CHAIRMAN KAUFMAN: Twenty-eight. BOARD MEMBER RUBENSTEIN: -- 28 needs to be paid February 22, 2024 Page 88 within two weeks. CHAIRMAN KAUFMAN: Two weeks. BOARD MEMBER RUBENSTEIN: Yep. MR. MICHAEL: Why is the fines accruing, though? BOARD MEMBER FUENTES: I'm sorry? MR. MICHAEL: Why does the fine continue to accrue? CHAIRMAN KAUFMAN: Because you're not in compliance. BOARD MEMBER FUENTES: Because you still committed the violation regardless. So, I mean, I think from your perspective you're probably feeling, like, due to the fact that the gentleman went on vacation, we're not able to resolve these things from the county's side, everything has a due process. But at the end of the day, you still -- you did commit that violation. MR. MICHAEL: Fair enough, but why continue -- BOARD MEMBER FUENTES: For that reason. MR. MICHAEL: The number's going to go to, like -- by May, you do the math, by June 23rd, that $9,000 at 250 a day, that's going to be a huge number. BOARD MEMBER FUENTES: It's going to be a huge number, and when you come back and it has been corrected, we will have an opportunity to reduce or waive those fines. MR. MICHAEL: But you don't have the power to stop the accruing, stop it from -- BOARD MEMBER FUENTES: Not at this time. MR. MICHAEL: You don't have that -- CHAIRMAN KAUFMAN: You're not in compliance. BOARD MEMBER FUENTES: Because you're not in compliance, it's still a violation. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: We could either fine you the $9,300, and then fines will stop. February 22, 2024 Page 89 CHAIRMAN KAUFMAN: No, they don't. BOARD MEMBER RUBENSTEIN: No, excuse me. CHAIRMAN KAUFMAN: Not till he's in compliance. We have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And it's been seconded. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have five months. And when the fines get done, you can come back and request -- BOARD MEMBER AYASUN: Reduction. CHAIRMAN KAUFMAN: -- some reduction in the fines based on -- MR. MICHAEL: Facts. CHAIRMAN KAUFMAN: -- whatever the facts are at that time. MR. MICHAEL: You said the next is July 23rd; was that the hearing date? CHAIRMAN KAUFMAN: July 28th. MR. MARINOS: Twenty-fifth. MR. MICHAEL: Twenty-fifth. Okay. Thank you very much. February 22, 2024 Page 90 CHAIRMAN KAUFMAN: Okay. MR. MICHAEL: Thank you. BOARD MEMBER ELROD: If it gets done sooner, come back sooner. MR. MICHAEL: Come back sooner. And just to confirm, I'm permitted to submit all of the building -- MR. LETOURNEAU: No, I can't speak to that. I was only speaking that I would probably get all my ducks in a row ready to go when -- MR. MICHAEL: I have it. MR. LETOURNEAU: Okay. All right. MR. MICHAEL: All right. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, we're still under imposition of fines. CHAIRMAN KAUFMAN: Yep. MS. BUCHILLON: Number 3, CEPM20180014849, Henry Schulman. CHAIRMAN KAUFMAN: We have a speaker request on this one? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: The speaker on this case, it says James Chart; is that correct? MR. CRAFT: Craft. BOARD MEMBER AYASUN: Craft. CHAIRMAN KAUFMAN: Craft. 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. MUSSE: I do. MR. SCHULMAN: I do. February 22, 2024 Page 91 MR. CRAFT: Yes. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us? MR. MUSSE: Yes. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On August 29th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR5674, Page 3562, for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at the rate of $25 per day for a period from August 29th, 2020, to February 22nd, 2024, 1,273 days, for a total fine of $31,825. Fines continue to accrue. Previously assessed operational costs of $59.56 have not been paid. Operational costs for today's hearing is $59.28. Total amount is $31,934.84 [sic]. CHAIRMAN KAUFMAN: You said the operational costs have not been paid. MR. MUSSE: No. CHAIRMAN KAUFMAN: Okay. Ordinarily, we don't even hear anything on cases where the operational costs in the past have not been paid. Just want to make that clear. BOARD MEMBER AYASUN: I was just going to say that. CHAIRMAN KAUFMAN: Okay. So this goes back to 2019. BOARD MEMBER FUENTES: Eighteen. CHAIRMAN KAUFMAN: Well, I have August 29th, 2019. I don't know if that's right. BOARD MEMBER FUENTES: The case was opened in 2018, and then on August 29th we heard the case. CHAIRMAN KAUFMAN: Okay. So this was a fire, I guess? February 22, 2024 Page 92 MR. SCHULMAN: My house burned down, yes. CHAIRMAN KAUFMAN: Right, okay. And what -- what's being -- MR. SCHULMAN: Well, with my wife and relatives paying for motels for, like, six months until my funds ran out, then going back living in a tent on the property and not knowing where I'm going to get my next dollar from, you know, is just -- living on 100 and some odd dollars from the military honorable discharged veteran to finding Mr. Craft who has An Angel Among Us, a charity, or help type organization, to where I met him at a supermarket, and he said, how is your day going? And I go "terrible." And he goes, why? What's wrong? He was out there the next day to start clearing debris, vegetation, whatever it takes to get the house. He spent over $50,000 of his money to help get engineers, because with the house burning down, you have to get the cinderblock approved to where it can be rebuilt on. He's paid for trusses. He's paid for roof. He paid brand-new septic and drainfield. I'm here speaking -- CHAIRMAN KAUFMAN: The house was not insured? MR. SCHULMAN: No, it wasn't, because I was -- one, I didn't have the money. Number two, I was told out where I live -- I live inside the state forest, and it's hard to get people out there to work because there's five miles from my house to the overpass of Everglades Boulevard. And at that point, it says, "County maintenance of roads ends here," and it's all dirt roads, and no one takes care of it except forestry department, and they wait till, like, it's like potholes all the way down five miles to my house. And it's just -- CHAIRMAN KAUFMAN: Okay. This case was heard years ago. February 22, 2024 Page 93 MR. SCHULMAN: Well, I don't honestly recall being here in 2019, two years after the fire. BOARD MEMBER FUENTES: This would be the fire that occurred here in Naples during that time, correct? So this isn't like an electrical fire. This was just that heat where -- MR. CRAFT: No, it was a forest fire. BOARD MEMBER FUENTES: Forest fire, yeah, okay, formed by the heat, yeah. I remember that. Oh, my gosh. CHAIRMAN KAUFMAN: So -- BOARD MEMBER BHATLA: What is the violation? MR. MUSSE: Damages to the house from burning, from fire. BOARD MEMBER BHATLA: Okay. CHAIRMAN KAUFMAN: So it's an unsafe structure? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: By the building head. MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. So it's an unsafe -- has the house been torn down now? MR. MUSSE: When we last did an inspection, basically, what we saw was the foundation and, like, four walls. Since then -- I just inherited this case maybe a week ago -- Mr. Craft showed me some updated photos that they started some of the building process. There is a permit on file, and there is a date scheduled for November of this -- of last year that it was supposed to be expired; however, with the executive order from the governor's office extending permits, it hasn't been officially expired. So technically active. But they -- and he did supply me with some photos that I digitized and you guys could see if you would like. He gave me permission. So there is work done. Just the permitting aspect. Once they February 22, 2024 Page 94 put in a new inspection, the permit will get reactivated, a new expiration date will be changed, and that will allow him some time to come into compliance and finish the project. CHAIRMAN KAUFMAN: Do I understand you correctly that you don't have the money to go forward with this anyway? MR. SCHULMAN: I work part time delivering pizza, and being 68, living on Social Security, which is, like, 700 a month -- BOARD MEMBER FUENTES: I got two questions. The prior assessed fees for the operations -- sorry. The operational costs, why weren't those paid? MR. CRAFT: I don't think he knew about them, because I didn't know about them till today. BOARD MEMBER FUENTES: Okay. MR. CRAFT: So I was unaware till I came to this meeting that it was going to come up. Am I allowed to speak? CHAIRMAN KAUFMAN: Yes, sure. MR. CRAFT: My name is Jim Craft. I'm with An Angel Among Us, Incorporated, and we're helping him rebuild his house. We will have the funds to keep going. Right now I think all we're here to ask for is permission to extend the permit. The governor extended it till March 5th. It expired in November. We did not know that it was extended to March 5th, so we stopped construction. CHAIRMAN KAUFMAN: Okay. Let me stop you right now. We don't grant extensions of permits. That's -- MR. CRAFT: I understand. CHAIRMAN KAUFMAN: -- Horseshoe Drive. MR. CRAFT: That's fine. BOARD MEMBER FUENTES: Jim, why don't you tell me how much time you guys believe you need to complete this project. MR. CRAFT: I think about six months only because we've February 22, 2024 Page 95 already put the roof on, we've put the trusses, the -- we've done stud walls. We've done the septic tank. All the -- BOARD MEMBER FUENTES: What about operational costs that we have currently outstanding? What can we do about that? MR. CRAFT: Fifty-nine dollars? BOARD MEMBER FUENTES: Well, it's going to be 59.56 previously, and then we've got another 59.28 for this one. MR. CRAFT: It would be paid today. BOARD MEMBER FUENTES: Okay. So why don't we do this. I'm going to make a motion to grant a continuance. You guys tell me if you're not in agreement, but I'd like to grant a continuance for another 12 months. MR. CRAFT: That would be perfect. BOARD MEMBER ELROD: Second that. BOARD MEMBER AYASUN: Yeah. There is a second. CHAIRMAN KAUFMAN: Okay. And the 59.56 and the 59.28 will be paid within 30 days? BOARD MEMBER FUENTES: Well, I want to discuss my motion to see if we are all in agreement. Then, yes. So there was a prior hearing that we did. He would need to pay the 59.56 for that one that has not been paid yet. MR. CRAFT: Sure. BOARD MEMBER FUENTES: And an additional 59.28, okay. So the total for that's going to be -- BOARD MEMBER BHATLA: A hundred eighteen dollars. BOARD MEMBER FUENTES: It's going to be $118.84 to be paid within, let's say, the next week, okay. Typically, if the prior payments were not done, we don't hear a case. We're working with you here. MR. CRAFT: I understand. BOARD MEMBER FUENTES: And then we're going to February 22, 2024 Page 96 continue the case for another 12 months, okay? MR. CRAFT: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: You plan on insuring this new house? MR. CRAFT: He may not be able to get insurance in the state forest because it's out in a wilderness area, so if he can -- BOARD MEMBER FUENTES: He's a high risk. They don't want to sue me. MR. SCHULMAN: That's why I didn't have it in the first place. BOARD MEMBER FUENTES: Okay. So we have a motion. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you for your service from one, two, three veterans. MR. SCHULMAN: All right. BOARD MEMBER ELROD: Set up a sprinkler system on the roof. MR. CRAFT: Yes, ma'am. And one more question: The February 22, 2024 Page 97 fines that were imposed were because the house burnt down; why were there fines in 2019? BOARD MEMBER FUENTES: It seems like it was a safety issue. MR. CRAFT: Because it's a structure, block structure, and certified by an engineer. BOARD MEMBER FUENTES: It's a structure -- CHAIRMAN KAUFMAN: It was an unsafe structure as determined by the building department, that's why. BOARD MEMBER FUENTES: So we're here to work with you guys, so thank you for coming. MR. CRAFT: Thank you. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Okay. We are back to public hearings. CHAIRMAN KAUFMAN: Okay. Under hearings. MS. BUCHILLON: Number 12, CESD20230008794, Santiago Ospina and Jorge Ospina. We also have a speaker on here. I don't know if she's still here. CHAIRMAN KAUFMAN: Maria. There's Maria over there. 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. SANTIAGO OSPINA: I swear. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. Chuck, your case. MR. MARINOS: Yes, sir. All right. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20230008794 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and February 22, 2024 Page 98 10.02.06(B)(1)(e)(i), an improved Estates-zoned property with conversion of preexisting attached garage on the front of the house including, but not limited to, plumbing and electrical utilities, installation of HVAC ductwork, and exterior penetrations, construction of addition to the rear of the home with the appearance of an attached garage, and exterior door and window change-outs throughout the home, 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 Case No. CESD20230002406 due to a problem with the deed showing the incorrect owner for the property at the time despite the change -- despite a change in ownership. After the deed was fixed, the case was opened, and a new NOV was issued to Mr. Ospina on 11 October to '23. Initial inspection from previous case CESD20230002406 showed an unpermitted conversion of the attached garage into occupiable space, exterior door and window penetration change-outs, and an addition in the rear of home with appearance of an attached garage. As of today, no permits on record for these structures or modification. Mr. Ospina stated that he had been -- has been working previously with Octavio Sarmiento from ASSA Permitting to acquire required permits until recently he decided to explore other companies. As of prehearing inspection on 21st February 2024, no permit applications are on file at this time. Violation remains. I would now like to present case evidence with the following exhibits: One building determination showing permits required; three pictures taken by myself from previous case CESD20230002406 on 27 March 2023, showing initial conditions; February 22, 2024 Page 99 and that would be it. CHAIRMAN KAUFMAN: Okay. You have pictures? MR. MARINOS: Pictures and a building determination. CHAIRMAN KAUFMAN: Okay. Has the respondent seen it? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to that? MR. SANTIAGO OSPINA: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the pictures. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: All right. We've got our building determination stating permits required for improvements. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Here we have the interior of the garage conversion. Obviously, extensive work done there. CHAIRMAN KAUFMAN: Does that include the bathroom off to the right? February 22, 2024 Page 100 MR. MARINOS: Yeah. This is all part of the thing. So -- MR. SANTIAGO OSPINA: That's laundry. MR. MARINOS: Yeah, that's laundry, but there's been electrical and plumbing throughout. CHAIRMAN KAUFMAN: Plumbing, okay. MR. MARINOS: This is looking the other way so you can see where the doors would have been, this is the addition towards the rear of the property, and then here we'll see an example of one of the exterior penetrations changed prior to issuance of permits. CHAIRMAN KAUFMAN: Okay. Sir? MR. SANTIAGO OSPINA: I didn't do anything in the garage. That was all there when I bought the house. I believe there's no plumbing. That's for the original laundry. And then there's no plumbing in that room. It's just the electrical. That's where he had a pool table, the past owner. So, I mean, that was all like that when I got it. And then he had two doors covered and stuccoed over. One was recoverable; one wasn't. So I just put a new door in. The house had shutters all around. And I found two cracked windows, so we changed those out. CHAIRMAN KAUFMAN: You got no permits on anything? MR. SANTIAGO OSPINA: No. I mean, when I took the shutters off, they were leaking. Like, the whole house had leaks, so there was just stuff that needed to be done immediately. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: The window glazing by itself would not require permits. Once we get into framing and everything, it does. But the door penetrations, the door change-outs require permits. MR. SANTIAGO OSPINA: Okay. No, I understand that. MR. MARINOS: Yeah. And he understands what needs to be done. February 22, 2024 Page 101 CHAIRMAN KAUFMAN: Was electrical work done? MR. SANTIAGO OSPINA: I didn't do any electrical work. CHAIRMAN KAUFMAN: Not you. MR. SANTIAGO OSPINA: Was electrical work done on the house? MR. MARINOS: That garage had the electrical changes done to it by the previous owner. MR. SANTIAGO OSPINA: But, yeah, I don't know. CHAIRMAN KAUFMAN: When you buy the house, as I said before, you buy the -- MR. SANTIAGO OSPINA: Problem, yeah. CHAIRMAN KAUFMAN: You buy the violations. Okay. So... MS. AUCLAIR: Good morning, again. Claudine Auclair. Mr. Ospina reached out to me a couple of weeks ago after not having any success in getting some motion -- track motion forward to get things done on his property to go through the permitting process and all that. So I communicated with Chuck to get some information and get the pictures and understand what the code enforcement violation was. I told Mr. Ospina that the most important thing -- the first step to do in order to move forward -- which I'm going to do my best to help him and put him in the right direction with -- if it is going to need most likely an engineer because walls are covered. So getting a permit, it's going to be an after-the-fact permit. So we have to determine how that was built. Was it built to code at the time it was built? So a determination has to be made approximately when we believe those changes were done. The first step, because there's addition and changes to the site itself by the garage and the shed and all that -- so I told him that the first step he needed to do is obtain a survey, an updated survey, so we February 22, 2024 Page 102 know first that these structures, what are their setbacks, what is the finished floor elevation, and then after that we can determine if there's additional -- going to be additional requirements besides just permitting. Because as you know, if a structure doesn't meet setbacks, then you have another problem. Then you have to address -- you have to obtain a variance to maintain that structure there if it was built within the setback requirements. So we don't know that yet. So that's the first step of the process to evaluate what needs to be done. So he's reached out to me to at least give him some guidance of what steps are going to be required and then what permits are going to be required. CHAIRMAN KAUFMAN: Okay. So there was work done on the property, whether it be the homeowner currently or the previous homeowner who didn't pull any permits. MS. AUCLAIR: Correct. CHAIRMAN KAUFMAN: So that's our case in front of us. Do we have a violation? BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? February 22, 2024 Page 103 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Violation exists. Now, do you have a suggestion for us, Chuck? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Hold on. We have a speaker. Let's have the speaker speak before. MR. MARINOS: Prior to the recommendation? CHAIRMAN KAUFMAN: Yeah. MR. MARINOS: Absolutely. CHAIRMAN KAUFMAN: Is that Maria? 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? MS. MAGHINI: I swear. CHAIRMAN KAUFMAN: You may want to move the microphone back. There you go. MS. MAGHINI: All right. All right. Mr. Ospina bought a 30-year-old property in its original condition. As soon as he took possession of the property, Mr. Ospina started full renovation and the conversion of the unpermitted shed into a guesthouse on the rear of the property, and this is besides the unpermitted addition in the back and the conversion of the garage. CHAIRMAN KAUFMAN: So you live adjacent to the property? MS. MAGHINI: Yes. CHAIRMAN KAUFMAN: Okay. MR. NOELL: And, ma'am, can you just state your name, your full name. MS. MAGHINI: Marie Maghini. February 22, 2024 Page 104 MR. NOELL: I'm sorry. Your last name? MS. MAGHINI: Maghini. CHAIRMAN KAUFMAN: M-a-g-h-i-n-i. Okay. You want to continue? MS. MAGHINI: Yes. I also would like to let you know these complaints, originally they were filed on March of last year in 2023, and Mr. Ospina has been aware of all these violations since then. Just because the deed wasn't in his name didn't mean that he's not responsible for the violations. Plus, he was the one doing the remodeling the house. As of today, Mr. Ospina had a full year to comply -- to pull permits to comply with the code violations, and he has not done anything so far. So I'm respectfully asking the Board to consider not granting Mr. Ospina any additional time or a very short time to abate the violations before the fines start accruing, because he has been aware of all of this. It's been a year, and nothing has been done. And I want to thank you so much for your time and consideration. CHAIRMAN KAUFMAN: Thank you, Maria. BOARD MEMBER FUENTES: Last time you were here, I think I threw some advice, and it looks like you listened to it, correct? MR. SANTIAGO OSPINA: Correct. BOARD MEMBER FUENTES: Good. Okay. CHAIRMAN KAUFMAN: Okay. So based on what Maria has said, you've known about the problem for a year. MR. SANTIAGO OSPINA: Uh-huh. CHAIRMAN KAUFMAN: And what's been done? Nothing. MR. SANTIAGO OSPINA: So -- BOARD MEMBER FUENTES: Something. He did retain -- MR. SANTIAGO OSPINA: Yeah. So when we were having February 22, 2024 Page 105 the deed issue, I think that was the first thing to get resolved, because they're like, you're technically not the owner, and I'm like, I just paid for this house. So that was the first issue, and we were waiting. Chuck was, like, wait until we get everything all in your name, and then that happened when, around, like, November, December. I couldn't do anything. I was out of town. And January I started working on the issue. MR. MARINOS: So I will speak to the deed issue. There was a problem with the deed. Essentially, there was a signature issue where the new deed had not been put into his name, so the previous owner was still technically the owner of the house, according to our records. At that time, because it was a new issue for me and I had to do a lot of research into figuring out what was going on there, I did ask him to start looking into what needs to be done, but I also was aware he wasn't going to be able to hire anybody to take care of a property he doesn't technically have name on at that time. So there was a delay due to that. Fairly significant one. MR. SANTIAGO OSPINA: I also, like, from the moment Chuck came in, I was like, come into the house, check it out for yourself. Like, I have nothing to hide. Like, that was my first reaction, and I know Chuck can attest to that because I -- BOARD MEMBER FUENTES: I believe the last time he was here, we had spoke. He said that he had hired a contractor that pretty much disappeared on him, and I made a comment that, you know, perhaps you want to seek a different avenue to utilize this particular service, and it looks like he did. CHAIRMAN KAUFMAN: Okay. What needs to be done to the house right now is permits need to be pulled to cover the work? MR. SANTIAGO OSPINA: Survey. CHAIRMAN KAUFMAN: And how much time do you think February 22, 2024 Page 106 you need to pull the permits? MS. AUCLAIR: The first determination will definitely be a review of the survey. He just -- CHAIRMAN KAUFMAN: I don't need to know the details. BOARD MEMBER FUENTES: Just give me the time you need. MR. SANTIAGO OSPINA: I would like the seven months that I got for the other. If I need an extension after that, I would. CHAIRMAN KAUFMAN: Move the microphone, please. MR. SANTIAGO OSPINA: Well, we got the seven months for the other project, so if I can have that same time, I'll try to work on both of them and get it done. BOARD MEMBER FUENTES: Let's go ahead and see the recommendation from the county. CHAIRMAN KAUFMAN: Yep. MR. MARINOS: Okay. You ready? CHAIRMAN KAUFMAN: Go ahead. MR. MARINOS: All right. 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. I could have sworn I changed it. Excuse me. A little snafu there. BOARD MEMBER FUENTES: Unacceptable. MR. MARINOS: Understood. All right. Back to business. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: All right. Abate all violations by: One, cease all the -- cease all occupancy use of converted attached garage and turn off all unpermitted electrical work within blank days of this hearing or a fine of blank per day will be imposed February 22, 2024 Page 107 until the violation is abated; Two, obtain all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the garage conversion including plumbing, electrical, HVAC ductwork, and exterior penetrations, a rear addition, and all exterior door/window replacements within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; and, Three, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. BOARD MEMBER FUENTES: Are there currently people staying there now? MR. MARINOS: There's not. It's just coverage. BOARD MEMBER FUENTES: Coverage, okay. MS. MAGHINI: May I stay something? MR. MARINOS: The public speaker's asking to say something. CHAIRMAN KAUFMAN: Okay. Step up, Maria. MS. MAGHINI: May I please say something? CHAIRMAN KAUFMAN: Sure. MS. MAGHINI: They are currently using all the facilities, including the unpermitted addition and the garage. It's all being occupied and used by Mr. Ospina. MR. SANTIAGO OSPINA: I have roommates within the house. That's it, yes. BOARD MEMBER FUENTES: Okay. February 22, 2024 Page 108 CHAIRMAN KAUFMAN: Technically, the house is not CO'ed; is that correct? BOARD MEMBER FUENTES: Well, no, because there's no permits. CHAIRMAN KAUFMAN: I understand. BOARD MEMBER ELROD: The addition part. MR. LETOURNEAU: The house has a CO. It's just the garage conversion is the problem right there. CHAIRMAN KAUFMAN: Okay. You have separate electrical connections into the garage? MR. LETOURNEAU: I would think a fuse probably. MR. SANTIAGO OSPINA: Yeah, yeah. CHAIRMAN KAUFMAN: Okay. So whatever recommendation -- as far as that's concerned, that needs to be turned off immediately. MR. MARINOS: It would be shut it off at the breaker, and then cease all occupancy. Again, we don't have any evidence of it being occupied at this time, but we want to make sure we have coverage as part of our order. CHAIRMAN KAUFMAN: Okay. As far as seven months, I can't believe that to get a building permit it takes that much time. MR. LETOURNEAU: I mean, I think the permit, the inspections and, you know, the whole ball of wax probably takes a good amount of time, obviously. MS. AUCLAIR: There's a difference between submitting the permit and the supporting documentation that's necessary. Obtaining the permit, performing the work, getting it all inspected, and obtain a CO. So depending if you're saying you've abated the violation by getting everything permitted or you're abating the violation by getting a certificate of completion of each permit. CHAIRMAN KAUFMAN: It needs a CO. February 22, 2024 Page 109 MR. LETOURNEAU: And you know that the first submission, there's always some form of rejection letters that come. There's something that pops up, elevations or whatever occurs. BOARD MEMBER RUBENSTEIN: You want to do a survey before getting involved with the construction? MS. AUCLAIR: Absolutely. The reason we want to do a survey is -- BOARD MEMBER RUBENSTEIN: I know. MS. AUCLAIR: -- that there's addition the first -- and that's what -- the first step I told Mr. Ospina to get, is hire surveyor to get a final -- to get an updated survey of the entire property, so we know first if the addition is -- CHAIRMAN KAUFMAN: Okay. Okay. We don't have to get into the gory details. BOARD MEMBER FUENTES: We're going to keep it the same with the other case. We heard it, and we agreed that this was a fair amount of time for a reason. So let's just keep it all the same. All right. I'm going to make suggestions. The first one's going to be a bit different. My first one for number one where you need to cease all occupancy for the unpermitted structures, let's do that within five business days, or a fine of $200 per day will be imposed. We also need to shut off the power to these areas, okay. MR. SANTIAGO OSPINA: Okay. BOARD MEMBER FUENTES: That means you've got to go to the breaker. He's going to have to inspect it and make sure that they're turned off. The second, for the permitting, we're going to keep that similar to the other case. We're going to go ahead and give it seven months. Jordan [sic], do you have -- do you have records showing what the other case has on what day exactly? MR. MARINOS: The other case expires on August 22nd, 2024. February 22, 2024 Page 110 BOARD MEMBER FUENTES: Okay. We're going to do the same here, okay. August -- MR. MARINOS: Twenty-second. BOARD MEMBER FUENTES: -- 27th, 2024. MR. MARINOS: Twenty-second, two, two. CHAIRMAN KAUFMAN: Twenty-second. BOARD MEMBER FUENTES: Oh, 22nd, 2024. We're going to do five months. We're going to keep them together. CHAIRMAN KAUFMAN: 59.28 paid within 30 days? BOARD MEMBER FUENTES: Now, as for the operational costs, those will be paid within 30 days, 59.28. MS. BUCHILLON: And the amount of fine for No. 2, Part 2? BOARD MEMBER FUENTES: Sorry. Two hundred as well. We're going to keep that the same. BOARD MEMBER RUBENSTEIN: Why is it 30 days to pay 50 bucks? BOARD MEMBER AYASUN: That's the routine. That's normal. BOARD MEMBER FUENTES: He's going to pay it. He paid the last one, so... CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. February 22, 2024 Page 111 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. AUCLAIR: Can I ask for clarification, if you don't mind? CHAIRMAN KAUFMAN: Sure. MS. AUCLAIR: Okay. On the first part where you said to cut -- BOARD MEMBER FUENTES: Five days. MS. AUCLAIR: But I have a question. You said attached garage. BOARD MEMBER FUENTES: We are one -- MS. AUCLAIR: The one of -- the converted garage into living place? BOARD MEMBER FUENTES: The converted one, correct. Anything that doesn't have a permit that were currently in question, he has five days to turn everything off. CHAIRMAN KAUFMAN: Okay, thank you. Helen, next? MS. BUCHILLON: Next -- CHAIRMAN KAUFMAN: Oh, did you want to speak more? MS. MAGHINI: No. Can you clarify what you said about the addition? The addition also has electrical and plumbing and everything. Does that needs to be shut off, too? CHAIRMAN KAUFMAN: Whatever Chuck determines needs to be turned off will be turned off. Okay? MS. MAGHINI: Okay. MR. CHUCK: Thank you. CHAIRMAN KAUFMAN: Thanks, Chuck. MS. MAGHINI: Thank you very much. CHAIRMAN KAUFMAN: Okay. Helen? February 22, 2024 Page 112 MS. BUCHILLON: We are still under hearings. Number 2, CESD20230004946, Abdallah Masoud Mustafa. Respondent's not here. For the record, respondents were notified regular and certified mail January 30th, 2024. It was also posted at the property and courthouse January 31st, 2024. CHAIRMAN KAUFMAN: Okay, Chuck. 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. Hello again. CHAIRMAN KAUFMAN: Hello. MR. MARINOS: It's been a long time. CHAIRMAN KAUFMAN: Yes. Estates-zoned property, built without permits. MR. MARINOS: Built and modified. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: So, again, good morning. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20230004946 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), a property with multiple structures on site erected without permits or modified without permits located at 1270 13th Street Southwest, Naples, Florida 34117. Folio 45846280007. Service was given December 5th, 2023. This case -- excuse me. This case originated as a referral from Collier County Domestic Animal Services reporting an excess of the allowable hooved animals on the property. During the investigation into the animals, it was discovered that multiple structures on site required permits due to either it having been constructed without February 22, 2024 Page 113 permits originally or having been modified after the permit was finaled in such a way as to invalidate the original permit. The structures are as follows: Two carport-type structures originally permitted but moved from their permitted locations to an entirely new location, a red shed-like structure built without permits, and a large chicken coop enclosure built without permits. During the course of this investigation, the property owner has only ever made a single attempt to communicate with Code Enforcement and has ignored all tags, mailings, and postings on site with no compliance efforts to report. All observations of property condition have been made from the legal vantage of the neighboring property with their permission. As of 21st February 2024, prehearing inspection, the violation remains. I would now like to present evidence in the following exhibits: Two building determinations showing permits required; four pictures taken by myself on 06 June 2023 showing initial conditions; one building permit, PRBD20190835859, showing originally permitted states; one aerial showing the location of the structure; and two pictures taken by myself as of 21st February 2024 showing current conditions. CHAIRMAN KAUFMAN: Okay. Motion to accept the photos and documentation. BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. February 22, 2024 Page 114 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Chuck. MR. MARINOS: All right. We will start with the building determinations. This first one speaks to the coop and the red shed saying permits required. The second one speaks to the two carport structures once we discovered that their condition had changed stating permits required. And we'll take a look here at the structures we're speaking of. So this is the first one. This is the -- one of the carport structures that has its location changed, invalidating its original permit. CHAIRMAN KAUFMAN: The next one's the red one. MR. MARINOS: The next one's the red shed. That one has no permits. Here would be the second carport structure that was moved again. And this would be the chicken coop structure, again built without permits. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: This is the property in question. Here you can see the two carports there. The shed is not visible, but you'll see in this next picture it is still there, and then the chicken coop is this large structure right here. CHAIRMAN KAUFMAN: Okay. Is somebody living there? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. Have you knocked on the door? MR. MARINOS: There has been probably two, three dozen attempts at communication over the course of three separate cases February 22, 2024 Page 115 and months and months and months of investigation. The one contact I received was from the owner sometime back right after the trouble began in the Gaza strip there in Israel stating that he was in Israel. But since that time, the tags have been removed from the doors. There are people taking care of the animals, because there are still animals on site. There's been no communication from anyone at all. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: These are the current conditions, so there's the three structures again. And just in case you forget what the chicken coop looks like -- CHAIRMAN KAUFMAN: Gotcha. Okay. Since the respondent is not present, anybody want to -- BOARD MEMBER ELROD: I make a motion the violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a recommendation for us, Chuck? MR. MARINOS: Yes, sir, I do. Recommendation: That the Code Enforcement Board orders the February 22, 2024 Page 116 respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demo permits/inspections and a certificate of completion/occupancy for the shed, shade structures, and animal enclosure within blank days of this hearing or a fine of blank per day will be imposed until the violation is abated; and, Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of 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. If I could, I'll make the -- I'll fill in the blanks: 59.28 to be paid within 30 days. The fines will accrue after 30 days at $200 a day. MR. NOELL: Mr. Chairman, if I may ask, as part of the findings, can I ask if you would include in the motion that the notice was properly given -- CHAIRMAN KAUFMAN: Yes. MR. NOELL: -- to the respondent? CHAIRMAN KAUFMAN: Let the record show that the respondent was not here, and Helen has already given you the date and time of it done. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MR. NOELL: Thank you. BOARD MEMBER AYASUN: Is he the owner, or is he renting February 22, 2024 Page 117 it? Is he the owner? MR. MARINOS: He's the owner. CHAIRMAN KAUFMAN: He's the owner. We only can put fines on owners. BOARD MEMBER AYASUN: Owners, yeah. CHAIRMAN KAUFMAN: Okay. That was my motion. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: It was seconded. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. Next. MR. MARINOS: Thank you. MR. FUENTES: Are you done? MS. BUCHILLON: No, he still has more. BOARD MEMBER FUENTES: You don't like compliance a lot, huh? MR. MARINOS: Or they don't like me. MS. BUCHILLON: Next case, it's No. 5, CESD20230010493, Hamdullah Investment of Southwest Florida, LLC. And let the record show respondents are not respondent [sic]. They were notified regular and certified mail January 30th, 2024. It was also posted at the property and courthouse January 31st, 2024. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing February 22, 2024 Page 118 but the truth? MR. HOLMES: I do. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: Howdy. CHAIRMAN KAUFMAN: Do you want to present your case? MR. HOLMES: Yeah. Let's get started. All right. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CESD20230010493 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), addressing an unpermitted structure located at 2700 55th Terrace Southwest, Naples, Florida 34116. Folio No. 36325800001. Service was given on December 1st, 2023, with the NOV posted at the property and courthouse. In addition, the NOV was mailed regular and certified mail to the respondent. This case was opened on November 30th, 2023, after we received a complaint from the Health Department. A Department of Health inspector was on site for a septic tank permit when he observed the structure in question. His observations were that the structure resembled a duplex. The permit application they have for the septic system was to replace current tank due to overflow issues, which we had actually previously addressed. We received a complaint on that. Our research revealed that the structure was built between 2017 and 2018, and the current owner was in possession of the property during that time. No permits were found for the structure. Attempts have been made to contact property ownership and the registered agent due to it being an LLC, with unsuccessful outcome. A prehearing inspection was conducted on February 21st, 2024. The violation was found to February 22, 2024 Page 119 remain. No permits on file to abate the violation. The following items are going to be presented as evidence: One determination signed by the deputy building official; 2017, 2018, and 2023 aerial photos obtained from the Collier County Property Appraiser's website; and two photos taken by myself at the prehearing inspection on February 21st, 2024. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos. BOARD MEMBER RUBENSTEIN: Motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. HOLMES: All right. So first will be the 2017 -- oops. Let's try that. Let's see here. That's 2018. This is the structure. I can work to obtain the 2017 if required, but that's the structure that we're taking a look at. Still existing in 2023. I apologize for that issue. And then my pre-inspection photos. This is taken from 55th Terrace Southwest. So this is the structure back here. And the signed determination. If you would like, I can try to re-upload the 2017. It was just going to show that it wasn't there and then it February 22, 2024 Page 120 appeared in 2018. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion that a violation exists. MR. NOELL: And as part of that motion, and that notice was properly given to the respondent? BOARD MEMBER ELROD: Yes. MR. NOELL: Okay. I just want to -- just for clarity, I always want that -- when the respondent's not present, I want to make sure that it's clear that respondent -- CHAIRMAN KAUFMAN: Helen reads that into -- when a respondent's not present, she always reads that into it the -- MR. NOELL: She does, and I appreciate that evidence, but I need the Board to make that a part of the motion so I can put it in the order that there was a finding that the Board here found that notice was given. CHAIRMAN KAUFMAN: Okay. Thank you. BOARD MEMBER ELROD: I stand corrected. CHAIRMAN KAUFMAN: You noticed the notice, right? Okay. We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. February 22, 2024 Page 121 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a recommendation for us? MR. HOLMES: Yes, sir. Recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the structure within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Two, the respondent must notify a code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? BOARD MEMBER RUBENSTEIN: I'll try it. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Within 20 days of this hearing, and a fine of $200 per day, plus the 59.28. CHAIRMAN KAUFMAN: To be paid within 30 days? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? February 22, 2024 Page 122 BOARD MEMBER AYASUN: Yes, second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Two against, okay. That's it. That's it for this case. MR. HOLMES: Thank you. CHAIRMAN KAUFMAN: We haven't seen Chuck lately, so... MS. BUCHILLON: He's next. You'll see him now. Next, No. 6, CELU20230009475, Richard Lash and Shirley Watson, and also No. 7 and No. 8 are for the same respondents. CHAIRMAN KAUFMAN: Okay. Chuck? MR. MARINOS: Yes, sir. So these being for -- all three for the same respondents, do we want to hear all three and then do recommendations at the end, or just do them one at a time? CHAIRMAN KAUFMAN: Yeah, do all three of them together. MR. MARINOS: Sounds good. MS. BUCHILLON: Do you want me to put notice on the record? For the record, respondents were notified regular and certified mail January 30th, 2024, and were posted at the property and courthouse January 31st, 2024, for all three cases. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing February 22, 2024 Page 123 but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Okay. CHAIRMAN KAUFMAN: Yeah. MR. MARINOS: One, two, and three. So this is in reference to Case No. CELU20230009475 dealing with violation of the Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, and 5.03.03(B), as well as the Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a), an Estates-zoned property with renting and occupation of structures, RV, and open-air campsites on the premises located at 3455 17th Avenue Southwest, Naples, Florida 34117. Folio 37984440005. Service was given on December 15th, 2023. This case originated as a referral from the Collier County Sheriff's Department. They advised at the time of the referral that this property was known to be inhabited by potentially dangerous individuals and advised me to approach with their assistance. On November 15th, 2023, I approached the property with two CCSO deputies, myself, and Investigator Musse. During the inspection, I noted an occupied RV in the rear of the property with unpermitted utilities including septic and a canopy used to house the -- an overflow of materials, an occupied shed in the rear with canopies used to house an overflow of materials, and a detached garage converted into living space without permits and occupied. I also noted an open-air campground located in the rear of the property with mattresses, sleeping bags, and makeshift bedding strewn in a rough circle in the rear of the property. All residents on site at the time of inspection admitted to paying rent to someone in the primary structure who was not one of the February 22, 2024 Page 124 property owners. All individuals on site declined to provide their names with the exception of the person living in the RV in the rear. No communication attempts with the property owners, Richard Lash or Shirley Watson, have bore fruit at this time, and as of prehearing inspection on 21st February 2024, the violation remains. CHAIRMAN KAUFMAN: Okay. Do you have any pictures? MR. MARINOS: I have 11 pictures taken by myself on the 12th of December 2023 showing initial conditions. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: All right. We've got, No. 1, this is the shed with the canopies used to house the overflow of materials. Here is the inside of those canopies. Here is some utility running into that shed. This the open-air campground. Here is a canopy over an RV. We'll see the other side of the RV at the time -- parked inside there. This is the side view of that RV. There's the RV itself with unpermitted electrical and a septic tank currently disconnected laying February 22, 2024 Page 125 on the ground there. BOARD MEMBER FUENTES: Are they sleeping on property outside? MR. MARINOS: They are. There's been a lot of elicit substance use on that property, at least it would appear to be so. CHAIRMAN KAUFMAN: It would be called a drug house, but they only have tents, so it's a drug tent. MR. MARINOS: This is an originally permitted garage which has been converted into a living space. BOARD MEMBER FUENTES: Who is the gentleman in the photo? MR. MARINOS: These are the two occupants of that garage. BOARD MEMBER FUENTES: I'd make a motion that a violation exists. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second a violation exists. MR. NOELL: And, I'm sorry, as part of that motion, can you just make the finding that notice was properly given? MR. FUENTES: I'm so sorry. MR. NOELL: Thank you. No. BOARD MEMBER FUENTES: The respondent was properly -- CHAIRMAN KAUFMAN: Notice was properly -- BOARD MEMBER FUENTES: Notice was properly received, and I would like to make a motion that a violation does exist. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. February 22, 2024 Page 126 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: All right. And then I'll move on to the next one. We'll go back to the recommendation, correct? CHAIRMAN KAUFMAN: We can do the separate recommendations on each case. MR. MARINOS: Okay. CHAIRMAN KAUFMAN: Okay. Do you want recommendations on this one first? MR. MARINOS: 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 use of the property as a campsite, tent RV, or otherwise within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, cease the occupation of the converted detached garage and shed within blank days of this hearing, or a fine of blank days -- blank per day will be imposed until the violation is abated; and, Three, the respondent must notify 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, February 22, 2024 Page 127 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you want to fill in the blanks on this, then move onto the next case? BOARD MEMBER FUENTES: Yeah. We're going to go ahead -- and my motion is that we -- within -- first, for number one and number two, that we cease all usage within 10 business days. If not, a fine of $550 per day will be imposed, and that today's operational costs do get paid, which is the 59.28, within 30 days. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Next case, Chuck. MR. MARINOS: Moving on. I will, for the sake of brevity, not repeat some of that testimony just over again. CHAIRMAN KAUFMAN: Right. MR. MARINOS: But just do keep in mind, approached with CCSO, dangerous property, et cetera, et cetera. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Send Bradley in there. He'll February 22, 2024 Page 128 take care of it. BOARD MEMBER AYASUN: I was thinking aerial bombing. Unbelievable. MR. MARINOS: All right. So this would be for the litter and prohibited outdoor storage. Reference to Case No. CENA20230011031 dealing with the violation -- dealing with violations of the Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, and 5.03.01(A), as well as Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54-179 and 54-181. An Estates-zoned property with an accumulation of litter, prohibited outdoor storage, and blight, including under -- including under unpermitted canopy structures located at 3455 17th Avenue Southwest, Naples, Florida 34117. Folio 37984440005. CHAIRMAN KAUFMAN: Let the record reflect that the respondents were properly notified. That makes Kevin happy. BOARD MEMBER ELROD: And I'll make a motion that a violation exists. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. All right. February 22, 2024 Page 129 MR. MARINOS: All right. Do we want to see photos or -- CHAIRMAN KAUFMAN: You want to -- BOARD MEMBER FUENTES: Let's just keep it going. MR. MARINOS: Keep it going? BOARD MEMBER FUENTES: Yeah, keep it going. MR. MARINOS: All right. Recommendation it is. That the Code Enforcement Board orders the respondent 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 and other items not permitted for outside storage to a site designated for such use, or store desired items in a completely enclosed structure within blank days of this hearing, or a fine of blank will be imposed for each day the violation remains; 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. BOARD MEMBER FUENTES: The same here, let the record show that they were served accordingly the notice of violation and today's hearing. We've got 15 days; $550 will be imposed if they do not correct this within 15 days, and that today's operational costs of 59.28 do get paid within 30. CHAIRMAN KAUFMAN: Good. We have a motion. Do we have a second? BOARD MEMBER RUBENSTEIN: Second. February 22, 2024 Page 130 CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We move on to the next case, Helen. I'm trying to get Terri out of here. MS. BUCHILLON: Was that for 8? You didn't do -- that was 7. MR. MARINOS: You just did 7. We're on -- MS. BUCHILLON: Yeah. You're on 8 now. CHAIRMAN KAUFMAN: Okay. We're on 8 now. MR. MARINOS: This is the same property for the unpermitted everything. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: This is reference to Case No. CESD20230011033 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 5.03.01(A), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), an Estates-zoned property with multiple unpermitted buildings, utilities, and modifications on site located at 3455 17th Avenue Southwest, Naples, Florida 34117. Folio 37984440005. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Motion a violation exists. BOARD MEMBER AYASUN: Second. February 22, 2024 Page 131 CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a recommendation for us? MR. MARINOS: Yes, sir, I certainly do. Recommendation: That the Code Enforcement Board orders the respondents 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, turn off all unpermitted electrical in the detached garage, shed, and to the RV. Electrical work is to remain off until addressed by a Collier County building permit or demolition permit, including all required inspections and issuance of the certificate of completion/occupancy within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; and, Two, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the shed, canopy tents, stucco walled structure in the rear of the property within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Three, the respondent must notify the code enforcement February 22, 2024 Page 132 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 this 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: Do you want to fill in the blanks? 59.28 to be paid within 30 days. BOARD MEMBER FUENTES: And same thing here. We're going to go with 15 days; if not, $550 per day for No. 1 and No. 2. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER BHATLA: What about the power to be turned off? CHAIRMAN KAUFMAN: What? BOARD MEMBER FUENTES: Yeah, give them 15 days. BOARD MEMBER BHATLA: Okay. BOARD MEMBER FUENTES: I mean 15 days across the board. We're hitting them with 550 per day. BOARD MEMBER RUBENSTEIN: I'll second. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. February 22, 2024 Page 133 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Thanks, Chuck. MR. MARINOS: Of course. BOARD MEMBER AYASUN: I was going to say 5,000, but... (The remainder of the meeting was transcribed from the audio.) CHAIRMAN KAUFMAN: You're limited. BOARD MEMBER ELROD: Our typist is leaving. CHAIRMAN KAUFMAN: Are we done? BOARD MEMBER FUENTES: She has to go. How many more? MS. BUCHILLON: No, we're not. We have -- BOARD MEMBER AYASUN: Can they wait for next time. Oh, no. CHAIRMAN KAUFMAN: Excuse me? MS. BUCHILLON: We have one, two, three. BOARD MEMBER AYASUN: She has to leave. She'll do it from the recording. MS. BUCHILLON: We have six more cases. CHAIRMAN KAUFMAN: We'll make it simple. MS. BUCHILLON: We actually have an imposition of fine for the same respondent that he was just on. BOARD MEMBER FUENTES: For the last three? MS. BUCHILLON: Yeah. BOARD MEMBER FUENTES: Yeah. We should have started with that. MS. BUCHILLON: Do you want to do that one first, or do you just want to keep going down the order -- BOARD MEMBER FUENTES: Question: This gentleman February 22, 2024 Page 134 here -- MS. BUCHILLON: No, he's just watching. BOARD MEMBER FUENTES: Got it. All right. Let's -- BOARD MEMBER AYASUN: He's an inspector. MS. BUCHILLON: It's going to be under motion for imposition of fines. CHAIRMAN KAUFMAN: Okay. Number? MS. BUCHILLON: Number 20, CEV20230003421, Richard Lash and Shirley Watson. And for the record, respondents were notified regular and certified mail February 7th, 2024, and it was also posted at the property and courthouse February 7th, 2024. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: We had that before. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. MARINOS: Of course. MR. LETOURNEAU: Just one point of -- I think that everybody here from the county that's going to testify coming up has been sworn in, so I just want to make sure that that carries over from the previous cases that you guys have been handling today. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: All right. CHAIRMAN KAUFMAN: If you want, I'll swear them in. BOARD MEMBER ELROD: I'll swear at them. MR. MARINOS: No problem. CHAIRMAN KAUFMAN: Are you going to read this into the record for us? MR. MARINOS: Yes, sir, I certainly will. Past orders: On September 28th, 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 February 22, 2024 Page 135 ordered to correct the violation. See the attached order of the Board, OR6323, Page 382, for more information. The violation has not been abated as of February 22nd, 2024. Fines have accrued at a rate of $50 per day for the period from November 28th, 2023, to February 22nd, 2024, 87 days, for a total fine amount of $4,350. 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 $4,468.56. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: So because he didn't pay, do we stop it? CHAIRMAN KAUFMAN: I'm going to make a motion that we impose the fine. BOARD MEMBER FUENTES: Absolutely. Second. BOARD MEMBER AYASUN: That's it. CHAIRMAN KAUFMAN: Okay. Kevin, are you happy with that? I said I made a motion to impose the fine. MR. NOELL: Okay. CHAIRMAN KAUFMAN: And they have been notified. MR. NOELL: I am, I am. Thank you. CHAIRMAN KAUFMAN: Fourth time they've been notified. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: Okay. Chuck, is that it for you today? MR. MARINOS: I'm going to have to look through my giant list and make sure. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: But thank you very much. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Is Chuck on commission? February 22, 2024 Page 136 CHAIRMAN KAUFMAN: Chuck, are you on commission? MR. MARINOS: If I was, I probably wouldn't still be working here. MS. BUCHILLON: Okay. We are still under imposition of fines. Next case, No. 6, CESD20220011340, William J. Bays Estate in care of Weston J. Bays PR. And for the record, respondents were notified regular and certified mail February 8th, 2024, and it was also posted at the property and courthouse February 9th, 2024. MR. JOHNSON: And the respondent is not here. CHAIRMAN KAUFMAN: Isn't the respondent dead? MR. JOHNSON: Well, the trust is not, but the name on the trust is. CHAIRMAN KAUFMAN: If he showed up, then -- BOARD MEMBER FUENTES: We have a problem. CHAIRMAN KAUFMAN: We have a problem. BOARD MEMBER FUENTES: I want what he's using. CHAIRMAN KAUFMAN: Okay. John, you can read this into the record for us, if you would. MR. JOHNSON: Okay. For the record, John Johnson, Code Enforcement. Past orders: On August 24, 2023, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6290, PG405, for more information. The violation has not been abated as of February 22nd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from December 23, 2023, to February 22nd, 2024, 62 days, for a total fine amount of $12,400. Fines continue to accrue. February 22, 2024 Page 137 Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing: $59.49. Total amount: $12,518.77. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to impose. CHAIRMAN KAUFMAN: Okay. We have a motion to impose the fine. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thanks, John. Which brings us to? MS. BUCHILLON: Number 16, CESD20220005160, Brent D. Perrine and Mona R. Perrine. For the record, respondents were notified regular and certified mail February 7th, 2024. It was also posted at the property and courthouse February 7th, 2024. CHAIRMAN KAUFMAN: Okay, Ryan. You're up. Is this for the last time? MR. CATHEY: I think I've got one more after this. February 22, 2024 Page 138 CHAIRMAN KAUFMAN: Oh, okay. MR. CATHEY: For the record, Ryan Cathey, Code Enforcement. Past orders: On January 26th, 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 violation. See attached order of the Board, OR6217, Page 477, for more information. January 25th, 2024, the Code Enforcement Board granted a continuance. See attached order of the Board in documents and images for more information. Violation's not been abated as of February 22nd, 2024. Fines have accrued at $200 a day from May 27, 2023, to February 22nd, 2024. Total fine: $54,400. Previous assessed operational costs of $59.28 have been paid. Previous assessed costs of $59.42 have not been paid. Operational costs for today's hearing is $59.63. Total amount: $54,519.05. CHAIRMAN KAUFMAN: Just a curious question. MR. CATHEY: Yes. CHAIRMAN KAUFMAN: What was the columns? MR. CATHEY: At the front -- he has two driveways. At the entryway, they're concrete columns, decorative. CHAIRMAN KAUFMAN: Okay. Have you been in touch with them? MR. CATHEY: I attempted. CHAIRMAN KAUFMAN: The answer's no? MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: Yeah. I make a motion to February 22, 2024 Page 139 impose the fines. CHAIRMAN KAUFMAN: And that the -- BOARD MEMBER FUENTES: Today's operational costs do get paid within 30 days, and proper service was given. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Very good. Which brings us to? MS. BUCHILLON: Number 23, CEV20230009358, Ernest J Valdastri, and also No. 24, CENA20230009367, Ernest J Valdastri. For the record, the respondents were notified regular and certified mail February 7th, 2024, and it was also posted at the property and courthouse February 7th, 2024, for both properties -- I mean, both cases. I'm sorry. CHAIRMAN KAUFMAN: Okay. Hey, Joe. Do you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On November 17th of 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 the attached order of the Board, February 22, 2024 Page 140 OR6323, Page 2268, for more information. Violation has not been abated as of February 22nd of 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 17th of 2024 to February 22, 2024, 37 days, for a total fine amount of $7,400. Fines continue to accrue. Previously assessed civil penalty of $5,000 have not been paid. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is $59.28, for a total fine amount of 12,518.56. BOARD MEMBER FUENTES: Note the respondent was properly served, notified of the violation. I make a motion that we do impose the fine. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: I have a question, Chair. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Have we contacted or attempted to contact these people? MR. MUCHA: Yes. This gentleman just doesn't care, you know. BOARD MEMBER RUBENSTEIN: Is he still living? February 22, 2024 Page 141 MR. MUCHA: Still living, yes, sir. BOARD MEMBER RUBENSTEIN: Okay. MR. MUCHA: Yes, sir. We've had fines on him for many, many years. He just -- BOARD MEMBER RUBENSTEIN: All right. CHAIRMAN KAUFMAN: Okay. All in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. BOARD MEMBER ELROD: Keep going. CHAIRMAN KAUFMAN: And do you want to vote on the second one? Just read the case number into the record for us. MR. MUCHA: Yes, sir. Case No. CENA20230009367. Past orders: On November 17th of 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 the attached order of the Board, OR6323, Page 2266, for more information. Violation has not been abated as of February 22nd of 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from January 27th of 2024 to February 22nd of 2024, 37 days, for a total fine amount of $9,250. February 22, 2024 Page 142 Fines continue to accrue. Previously assessed civil penalty of $5,000 have not been paid. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is $59.28, for a total amount to date, $14,368.56. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Make a motion the violation exists and that the respondent was also served according to the requirement. BOARD MEMBER ELROD: Properly -- BOARD MEMBER AYASUN: Properly served. BOARD MEMBER FUENTES: Yeah. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Okay. Thanks, Joe. BOARD MEMBER AYASUN: And -- CHAIRMAN KAUFMAN: This is Ryan's -- MS. BUCHILLON: You meant to say grant the imposition of fines. CHAIRMAN KAUFMAN: Excuse me? MS. BUCHILLON: You meant to say grant the imposition of February 22, 2024 Page 143 fines. BOARD MEMBER FUENTES: Yes. Impose them. Put them on there. CHAIRMAN KAUFMAN: Okay. Here it comes. Swan song. MS. BUCHILLON: Next case is No. 26, CESD20220003348, Harry A. Romano and Lisa Jeanne Romano. Respondents were notified regular and certified mail on February 7th, 2024. It was also posted at the property and courthouse February 27th, 2024. MR. CATHEY: For the record, Ryan Cathey, Code Enforcement. Past orders: November 17th, 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, OR6323, Page 2270, for more information. Violation has not been abated as of February 22nd, 2024. Fines have accrued at a rate of $250 per day for the period January 17, 2024, to February 22nd, 2024. Total fine amount of $9,250. Fines continue to accrue. Previous assessed costs of $59.28 have not been paid. Operational costs for today, $59.28. Total amount's $9,368.56. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? BOARD MEMBER FUENTES: Make a motion to -- that the violation exists and for us to impose the fine and that the respondent was properly served. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. February 22, 2024 Page 144 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You don't have to impose the fine when it comes before us on this. Only on the cases. Just FYI. BOARD MEMBER AYASUN: Was that it? MS. BUCHILLON: That's the last case. BOARD MEMBER AYASUN: Okay. I have one question to the attorney, if I may. I was about to make a motion that anybody who was supposed to be here for imposition of fines and didn't show up will not have their fines abated or reduced under any circumstances. Just a question. Would that hold? Because everybody is here except them, and they have to prove to us that on this day they were dead. MR. NOELL: So the respondents would have, you know, potentially appeal rights. BOARD MEMBER AYASUN: Okay. MR. NOELL: And they could address it -- they could address anything through that avenue. So -- BOARD MEMBER AYASUN: But why don't we put it in the record so people know that if they don't show up, they're not going to be able to abate or reduce. MR. NOELL: There may be -- there may be circumstances -- and within the ordinance, there's mechanisms to where a respondent can request a rehearing before this board. So you get into a lot of procedural hoops that have to be jumped through February 22, 2024 Page 145 that gets pretty convoluted to walk through kind of in this setting. I'd be happy to talk with you after. But for a respondent to -- if there was a death in the family or an accident on I-75, for example, something like that, there may be an exceptional circumstance. BOARD MEMBER RUBENSTEIN: But the commissioners have to vote for a change on that if it met the legality? MR. NOELL: As far as the ordinances, the commissioners passed the ordinances, and as you know, this board's responsibility is to enforce them. BOARD MEMBER RUBENSTEIN: They'd have to change them. BOARD MEMBER AYASUN: All right. Good. Appreciate it. MR. NOELL: Good question. Appreciate it. CHAIRMAN KAUFMAN: Okay. We have one last thing to do, and that's the -- I need a motion to forward the foreclosure collection authorization. BOARD MEMBER ELROD: I'll make a motion to forward -- CHAIRMAN KAUFMAN: The collection -- BOARD MEMBER ELROD: -- the selection. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor ? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) February 22, 2024 Page 146 CHAIRMAN KAUFMAN: It carries unanimously. We are adjourned. ******* CODE ENFORCEMENT BOARD RT MAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on ji 2,K.ZOLA as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.