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CEB Minutes 03/28/2024March 28, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, March 28, 2024 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate EXCUSED: 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 March 28, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: That 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 proceeding 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. We're doing Computer 101 now? Okay. Why don't we all stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we begin with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? March 28, 2024 Page 3 BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. MS. BUCHILLON: Mr. James York is excused, and Mr. John Fuentes must be running a little late. CHAIRMAN KAUFMAN: Yes. Okay. The minutes were sent out. Anybody have any comments or questions on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, take a motion to approve them. BOARD MEMBER RUBENSTEIN: So moved. 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. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And that brings us to the agenda. MS. BUCHILLON: Yes, sir. We have some changes. CHAIRMAN KAUFMAN: I see you have changes on the video. We're all on -- March 28, 2024 Page 4 BOARD MEMBER CURLEY: Helen. MS. BUCHILLON: I don't know why it was up. We have some stipulations. Under hearings, No. 4, CESD20230007241, Richard Brian Peterman and Cynthia Marie Eddy. Number 5, CEVR20230008759, Edington Place, LLC. CHAIRMAN KAUFMAN: That's No. 5 under hearings? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 8, under hearings also, CESD20240000553, Peggy Raymond. And now we can do the withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1, CEA20230008937, Ramiro Trevino, has been withdrawn. Number 2, CESD20230008967, Ramiro Trevino, has been withdrawn. Number 3, CESD20230007550, Roxana Socarras and Jorge Armando Martinez, has been withdrawn. Number 6, CEVR20220010806, Luc Goemaere and Liping Wu, has been withdrawn. Number 7, CESD20230007552, Robert Lee Smith, Jr., and Denise H. Smith, has been withdrawn. Under old business, B, motion for imposition of fines and liens, No. 1, CESD20210001490, Cecilio Martinez Resendiz and Maricela Valerio Martinez, has been withdrawn. Number 8, CESD20220008382, Anthony Mattei, Karol Lucila Teresita Mattei, and Lilia Mercedes Machado, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the agenda as modified. March 28, 2024 Page 5 BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Motion to accept. 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 CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You want to start out with the stipulations? MS. BUCHILLON: Do you want to -- okay. That's fine. CHAIRMAN KAUFMAN: You're the boss, Helen. MS. BUCHILLON: No. I mean, it's up to you. ***All right. Under public hearings, hearings, first stipulation, No. 4, CESD20230007241, Richard Brian Peterman and Cynthia Marie Eddy. CHAIRMAN KAUFMAN: You can go that way. Either way. Depends if you're right-handed or left-handed. MS. EDDY: We have one of each. 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. PETERMAN: I do. MS. EDDY: I do. MR. PACKARD: I do. CHAIRMAN KAUFMAN: Could you state your name on the mic for us, please. March 28, 2024 Page 6 MR. PETERMAN: Richard Brian Peterman. MS. EDDY: Cynthia Marie Eddy. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: For the record, Jason Packard, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? (Board Member Fuentes is now present in the boardroom.) MR. PACKARD: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the interior renovation within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you agree to everything? MR. PETERMAN: We do. MS. EDDY: Yes, we do. CHAIRMAN KAUFMAN: Okay. Any questions? March 28, 2024 Page 7 MR. HUSBAND: No questions. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion from the Board? BOARD MEMBER ELROD: Make a motion -- I'll make a motion to accept the stipulation as written. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. PETERMAN: Thank you. MS. BUCHILLON: Next, I just want to put, for the record, Mr. Fuentes is here. Next stipulation -- we're still under hearings -- No. 5, CEVR20230008759, Edington Place, 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. WILLIAMS: I do. MR. DOWNEY: Yes. CHAIRMAN KAUFMAN: Okay. Could you put your name March 28, 2024 Page 8 on the microphone for the record, please. MR. DOWNEY: Yes. My name is James Downey, and my property is Edington Place. This is the case we're here. MR. WILLIAMS: Doug Williams, Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read that into the record for us, Doug? MR. WILLIAMS: Yes. Therefore, it's been 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; Number 2, obtaining all Collier County approved mitigation plans, building and vegetation removal permits, inspections, and certification of completion of occupancy to either keep the unpermitted improve -- of the property as-is or restore the property to original permitted condition within 120 of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm the compliance. Twenty-four hours' notice shall be by phone or fax and made during the workweek. If the violation is abated within 24 hours prior to Saturday, Sunday, or legal holiday, then the notification must be made on the next day that is not a Saturday or Sunday or legal holiday. Number 4, the respondent -- if the respondent -- that the -- if the respondent shall fail to abate the violation, the county may abate the violation using a method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and that all costs of abatement shall be assessed to the property owner. March 28, 2024 Page 9 CHAIRMAN KAUFMAN: Okay. Do you have any questions for us? MR. DOWNEY: No. He's been good to me, so I'm good. CHAIRMAN KAUFMAN: Okay. We'll have to beat him after, if he's been good to you. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER CURLEY: 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. DOWNEY: Thank you. CHAIRMAN KAUFMAN: Thank you. Number 8, I guess, is the next stip. MS. BUCHILLON: ***Next stipulation, No. 8, CESD20240000553, Peggy Raymond. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MS. RAYMOND: Yes. March 28, 2024 Page 10 CHAIRMAN KAUFMAN: Could you state your name on the mic for us? MR. RAY: My name is Peggy Raymond. And good morning, everyone. CHAIRMAN KAUFMAN: Good morning. BOARD MEMBER FUENTES: Good morning. BOARD MEMBER CURLEY: Good morning. CHAIRMAN KAUFMAN: Good morning, Brian. MR. OWEN: Good morning. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record for us? MR. OWEN: I'd love to, sir. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of the case within 30 days of this hearing; Two, cease occupancy/use of the converted garage and shut off all unpermitted electrical within seven days of this hearing, or a fine of $50 per day will be imposed until the violation is abated; Number 3, abate all violations by: All required Collier County permits and/or demolition, inspections, and certificate of occupancy or completion for the screened-in lanai, alterations/improvement made to the garage within 90 days of the hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 4, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request an investigator perform a site inspection to confirm compliance; Number 5, 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, March 28, 2024 Page 11 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Ma'am, do you have somebody living in that area or using it? MS. RAYMOND: I already demolition everything, and yesterday was -- I was to verify everything was already break down. CHAIRMAN KAUFMAN: Okay. And you can meet these deadlines? MS. RAYMOND: Yes, because everything already break down, demolish. CHAIRMAN KAUFMAN: Okay. Anybody want to -- BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER FUENTES: 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RAYMOND: Thank you, and have a great day. CHAIRMAN KAUFMAN: You, too. Do you want to do the continuances next, Helen? MS. BUCHILLON: Yes, sir. We don't have any attorneys. ***Next case, under public hearings, motions, motion for continuance of imposition-of-fines hearing, No. 1, March 28, 2024 Page 12 CESD20230003899, Debbie Bello Lopez and Ramon Lopez. MS. LOPEZ: Good morning. MR. LOPEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MS. LOPEZ: Debbie Bello Lopez. MR. LOPEZ: And Ramon Lopez. Good morning, everybody. MR. COOPER: Craig Cooper, Collier County Code Enforcement. Okay, Craig. 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. MS. LOPEZ: Yes. MR. LOPEZ: Yes. CHAIRMAN KAUFMAN: Okay. You're asking for the continuance on this? MS. LOPEZ: Yes. It's an extension, because we supposed to get -- I already have all the surveys and all that, but it's being complicated to get a floor plan, because every time you call the company, they say, oh, you have to -- we are only doing new houses. So when it takes -- just to do just, like, a little, you know, thing for the horses, you know, like, a little barn or a little shed or whatever, a lot of people don't want to do it. So my mom is doing it for us because -- she was a draftsman in Cuba, so she knows how to do all that. She's a little older, so that's why she's taking a little longer. She's 77. So she's doing it for us. CHAIRMAN KAUFMAN: A youngster, okay. I can say that. When do you think this will be -- MS. LOPEZ: She's doing it -- we bought her everything she March 28, 2024 Page 13 needed, her table, everything, that she needs it. So she's working on it. She has -- I already went to the Horseshoe Drive, to the place there. They told me what they needed, so -- and they say they can use something made by hand. So that's how she knows how to do it, because she learned in Cuba, not here. So she knows how to do the floor plans by hand. So I asked them, and they say they will accept it. So that's pretty much all I need. CHAIRMAN KAUFMAN: Okay. This is -- permits have to be pulled? MR. COOPER: They still need to be pulled, yes. CHAIRMAN KAUFMAN: Through CO? In other words, not just pulling a permit. Pulling a permit, doing the work, and then getting approval by the county for certificate of occupancy? MS. LOPEZ: The work is already done. It's just we need maybe, like, a last inspection or whatever. I don't know how it works. I've never done this, so... CHAIRMAN KAUFMAN: One thing you have to consider, if you are going to do this -- since it's already been done -- by affidavit from an architect -- did you actually do the work to do everything, or was it done by a contractor? MS. LOPEZ: Yeah. It was just, like, a little shed for the horses. CHAIRMAN KAUFMAN: No, I understand. Who did the shed? Did you -- MS. LOPEZ: We did it ourself with people that didn't know. CHAIRMAN KAUFMAN: Okay. So you have to go through all of the permitting. Jeff, you wanted to say something? MR. LETOURNEAU: I did. Terri? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing March 28, 2024 Page 14 but the truth? MR. LETOURNEAU: I do. For the record, Jeff Letoureau, Collier County Code Enforcement. I'd like to ask a question first. You were cited for more than just one structure. Are your electrical receptacles still out there? MS. LOPEZ: We have to take it out, yes. We haven't done that and -- because I had to pay so much to do my -- how you call it? BOARD MEMBER FUENTES: That's a safety issue. MS. LOPEZ: -- the surveys. They were $2500 just for the surveys. So we need to get an electrician to take the receptacle units out. Basically that's what we have to do. And that's going to be, like -- how do you call that? Like a demolition. MR. LETOURNEAU: Correct. Right. MS. LOPEZ: And then after that, we have to do the other three little -- well, one of them was already done from God knows when, because we never did that little shed. MR. LETOURNEAU: I'm not worried about the shed. I'm just worried about the items that are in conjunction with RV rentals on the property. MS. LOPEZ: Well, we don't have no RV rentals. MR. LETOURNEAU: Well, you did, though. MS. LOPEZ: No -- MR. LETOURNEAU: Well, okay. MS. LOPEZ: We had RVs because we were -- I don't know what's your knowledge about what we did or not. MR. LETOURNEAU: My knowledge is that I got numerous complaints from people that were renting there, and the Sheriff's Office. MS. LOPEZ: No. MR. LETOURNEAU: Yes, I'm telling you right now. So this March 28, 2024 Page 15 has been a problem property for quite some time. And, you know, you can say what you want, but I know for a fact that there was a -- (Simultaneous crosstalk.) MS. LOPEZ: Well, you have to have proof of what you say. MR. LETOURNEAU: Right. I'm just saying -- (Simultaneous crosstalk.) THE COURT REPORTER: Ma'am, I can only get one person at a time, so I need one -- MS. LOPEZ: We used to fix RVs in our property, and that's why we had many RVs because we used to fix them to resell them. MR. LETOURNEAU: Okay. MS. LOPEZ: People want to talk whatever they want to talk. That's just talking. MR. LETOURNEAU: Right, okay. BOARD MEMBER FUENTES: Regardless of the point. At this point, Jeff, if there's electrical still running, the health and safety issue still remains. MR. LETOURNEAU: No. My point is that we've had a problem property here. My second point is this case was opened, I believe, in May of last year, and nothing has been done on these permits. MS. LOPEZ: May of last year? MR. LETOURNEAU: Yes, May of last year, I believe. MS. LOPEZ: The last time I came, it was, I think, October or November. MR. COOPER: September 7th. MR. LETOURNEAU: The case was opened in -- no, the case was opened on May 3rd, 2023. You knew about this. We had to bring you to a hearing because you didn't take care of the permits up to that point, and now we're back here again almost a year later -- well, not a year, but 10 months later, and nothing has been March 28, 2024 Page 16 done. MS. LOPEZ: Well, like I said, I've been trying to find somebody to do the floor plans. We bought the surveys. MR. LETOURNEAU: Okay. MS. LOPEZ: Paid lots of money to do that. And I've been trying to get somebody to do the floor plans. That hasn't worked because nobody wants to do -- it here in Collier County. Everybody wants to have the big piece. CHAIRMAN KAUFMAN: Ma'am, ma'am, ma'am. MS. LOPEZ: They don't want to do the little floor plan. CHAIRMAN KAUFMAN: What you're asking for at this hearing -- MS. LOPEZ: Is just an extension. CHAIRMAN KAUFMAN: -- is a continuance? MS. LOPEZ: Correct. CHAIRMAN KAUFMAN: And the Board will either grant it or not grant it. If we don't grant it, we will hear the case today. MR. LETOURNEAU: I just want to wrap up saying that due to extenuating circumstances on this property -- and you're right, we didn't ever get this adjudicated for the RV rentals, but I've had numerous complaints from neighbors, I've had complaints from people that actually rented there, and I've had complaints from the Sheriff's Office. MS. LOPEZ: Rented there? MR. LETOURNEAU: Yes. I don't know if you remember the lady that the dog died in the RV. Does that ring a bell? MS. LOPEZ: No, she didn't -- she didn't live in the RV. She used to rent a room that it was in my house, and then she used to -- CHAIRMAN KAUFMAN: Well, we're not hearing the case now. MR. LETOURNEAU: All right. I'm just saying that the March 28, 2024 Page 17 county objects to any continuance at this point. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: So I'll make a motion at this time to reject the continuance. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. So we have a motion to deny. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. We have a motion to deny the continuance. The case will be heard today. MS. BUCHILLON: It's actually scheduled for imposition of fines. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we're going to hear the case that's imposition of fines later on this morning. We generally hear the hearings first, and then we go to the other Part 2, which will be the fines. MS. LOPEZ: Could I say something? CHAIRMAN KAUFMAN: Why don't you wait until your other case comes up. MS. LOPEZ: Oh. CHAIRMAN KAUFMAN: Because this one is -- this March 28, 2024 Page 18 is -- we've already decided that we are not going to grant a continuance, okay. Now we're going to -- MS. LOPEZ: So what do I have to do? CHAIRMAN KAUFMAN: Well -- MS. LOPEZ: I mean, if I can't find somebody, and I'm trying to get -- CHAIRMAN KAUFMAN: That's your -- that's your problem. You built it without a permit. MS. LOPEZ: Okay. CHAIRMAN KAUFMAN: Okay. So you're the responsible person for that and -- MS. LOPEZ: Well, I'm trying to do that. BOARD MEMBER FUENTES: Regardless of whether or not you would have done certain things, the moment the electrical was still currently situated in one of these other structures and still in place, we would have not been able to grant this continuance because it is a safety issue. So that should have been removed immediately. MS. LOPEZ: We are not using it. It's just there, you know. BOARD MEMBER FUENTES: But it's not permitted, and it being there can still cause problems. MS. LOPEZ: Right, but what I'm saying is, if we can just take it off -- I mean, that's -- well, what do we have to do? CHAIRMAN KAUFMAN: We will hear that -- MR. LETOURNEAU: We're going to object to any further testimony. It's already been settled at this point. CHAIRMAN KAUFMAN: That's correct. So are you going to stay for the -- what number on the imposition is this? No. 5? MR. COOPER: Sir, may I add that I tried to get on their property for the last couple days, but I was not getting access. CHAIRMAN KAUFMAN: Okay. MS. LOPEZ: Well, it was only -- not yesterday. The day March 28, 2024 Page 19 before that you said that you wanted to come, and I didn't even know. MR. COOPER: I spoke with you yesterday on the phone. MS. LOPEZ: Right, that's what I'm saying. CHAIRMAN KAUFMAN: Okay. MS. LOPEZ: The day before yesterday. MR. COOPER: I called Tuesday as well. CHAIRMAN KAUFMAN: We have a case that you'll be able to testify in. It's Case No. 5 under the imposition of fines. Okay. MS. BUCHILLON: Number 15, actually. CHAIRMAN KAUFMAN: Number 15? MS. BUCHILLON: Yes. MR. LETOURNEAU: Yeah, while they're here, we don't -- might as well just hear the -- MS. BUCHILLON: Do you want to go ahead and do the imposition of fines? MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: Okay. Helen, you want to call this case for us? MS. BUCHILLON: Absolutely. ***Under old business, motion for imposition of fines and liens, No. 15, CESD20230003899, Debbie Bello Lopez and Ramon Lopez. (All participants were previously sworn.) CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. COOPER: Yes, sir. Past order: On August -- on August 24th, 2023, 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, OR6290, PG411, for more information. The violation has not been abated as of March 28th, 2024. March 28, 2024 Page 20 Fines and costs to date are as follows: Fines have accrued at a rate of $350 per day for the period from February 21st, 2024, to March 28th, 2024, 37 days, for the total fine amount of $12,950. Fines continue to accrue. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.28, for a total amount of $13,009.28. CHAIRMAN KAUFMAN: Okay. Now, since the violation has not been abated, there's only two things this board can do. We can impose the fine, and fines will continue to accrue until the problem is resolved, or we could possibly grant additional time for you to get everything done. MS. LOPEZ: Well, that's what I was asking. CHAIRMAN KAUFMAN: What? MS. LOPEZ: That's what I was asking. CHAIRMAN KAUFMAN: I'm just explaining what the Board can do. MS. LOPEZ: I understand. CHAIRMAN KAUFMAN: Okay. So with that, why don't you tell us what you want to do. This thing has been around for a while, obviously. MS. LOPEZ: That's what I'm saying, that I'm trying to do the floor plans because nobody in this county wants to work for just a shed. They all want to do new houses. So I've been calling around everywhere, and nobody wants to do the floor plans, so my mother's going to do it for us. So that's basically -- CHAIRMAN KAUFMAN: So what you are asking the Board to consider, giving you additional time to come into compliance; is that correct? MS. LOPEZ: That's basically it. CHAIRMAN KAUFMAN: And let me ask, how much time March 28, 2024 Page 21 are you asking for? MS. LOPEZ: I don't know how long it takes for the county to do it. Maybe two months. I'm not sure. My mother just needs to finish the floor plans, and then I go to the county, I don't know how long they do the work. Usually they take a little while, but... CHAIRMAN KAUFMAN: No. I hear everything you're saying, but I haven't heard how much time do you actually need to get this done? That would be one of the things that you're going to ask the Board for, and -- BOARD MEMBER CURLEY: I have a question. CHAIRMAN KAUFMAN: Yeah, Sue. BOARD MEMBER CURLEY: I have two questions; one for the county. So I'm just looking at the packet here online, and the $350 per day, do we -- did they sign a stipulation that expired February 1st -- February 21st, or was this something between you and them? Because I don't see a stip on here. MR. COOPER: No. BOARD MEMBER CURLEY: My other -- my other question for you -- I've been on this board for nine years. I don't understand what you're talking about when you say you need to get floor plans. So what are you talking about? MS. LOPEZ: The county -- I mean, the people in Horseshoe Drive, I guess, the county or -- the county planning -- BOARD MEMBER CURLEY: Permitting department, yes. MS. LOPEZ: They said that they need a floor plan for the horse -- little shed that we have and the other roof that we did in the back. And the little -- (Simultaneous crosstalk.) BOARD MEMBER CURLEY: -- a survey? MS. LOPEZ: They are in the survey, correct. March 28, 2024 Page 22 BOARD MEMBER CURLEY: So -- MS. LOPEZ: I don't know why they need all of that, but it's just an open barn. Basically, it's all open on the bottom. BOARD MEMBER CURLEY: I know -- MS. LOPEZ: And the back is all open, so -- BOARD MEMBER CURLEY: I know what a pole barn is. But when you're discussing floor plans and sheds and stuff, I really don't know what you're talking about. Just so -- MS. LOPEZ: That's what they told me. BOARD MEMBER CURLEY: Point of clarity. I'm not understanding your story. MS. LOPEZ: Well, I'm just explaining to you what they explained to me. They need a floor plan for that. I have never done this before, so they are the ones that tell me what to do. I don't know what -- BOARD MEMBER CURLEY: Okay. Thank you. And so did we have a stip on this before that expired February 21st, like -- CHAIRMAN KAUFMAN: The stip would have been probably around August. MS. BUCHILLON: It would have been attached on there, but we don't have a stip on there. MR. COOPER: I didn't see a stip. MS. BUCHILLON: They were found in violation. BOARD MEMBER CURLEY: Well, because that number's kind of high, so that's always an indicator that we had heard the case or you had -- and we put those numbers in ourselves, so -- MS. BUCHILLON: Yeah. We heard the case on August 24th, 2023. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. What you need -- we don't go into details. I know you need a floor plan because Horseshoe March 28, 2024 Page 23 Drive told you you need it. Whatever. MS. LOPEZ: That's what they said. CHAIRMAN KAUFMAN: What you need is -- you're responsible to get -- in order to get a permit -- that's what will resolve this case is you getting a permit and getting the permit approved and getting a CO on that permit. MS. LOPEZ: Okay. CHAIRMAN KAUFMAN: That's why I asked you how much time do you need to get a permit. I don't -- MS. LOPEZ: Three months. I am not sure. Like, after I have my plans done or whatever, I have to take it to them. I don't know how long they take to do their paperwork. I know that I went and I tried to do a separation of two lots, and they took over a month or two to do that, or I don't know how many -- like, six weeks or something. So I don't know how long they will take after I bring them the application for the permit. CHAIRMAN KAUFMAN: Okay. You said that you tried to get access to the property this past week or so? MR. COOPER: I spoke with Ms. Bello on Tuesday, and you told me you were going to -- you'd talk to your husband. MS. LOPEZ: The day before yesterday. MR. COOPER: And then I called you yesterday, and then you told me you had too many appointments. You were going to be in Port Charlotte. MS. LOPEZ: Exactly. MR. COOPER: And then I told you that I would, from my legal vantage point from the street, I would take pictures. MS. LOPEZ: Right. MR. COOPER: That's exactly what happened. CHAIRMAN KAUFMAN: So cooperation is not present? MS. LOPEZ: Well, they've been on my property many times, March 28, 2024 Page 24 so... MR. COOPER: I have not been on your property. Other investigators may have, but I have not. MS. LOPEZ: Not you. John. MR. COOPER: I tried to get on your property. MS. LOPEZ: Right. BOARD MEMBER FUENTES: How many times have you tried? MR. COOPER: Three, I believe. BOARD MEMBER FUENTES: And three times were no? MR. COOPER: Yes. Two were no, Tuesday and Wednesday. MS. LOPEZ: What do you mean -- you told me -- MR. COOPER: I called you Tuesday -- (Simultaneous crosstalk.) THE COURT REPORTER: I can only get one at a time. CHAIRMAN KAUFMAN: Whoa. Yeah, time out. One person talks at a time. MS. LOPEZ: Sir, he told me on Tuesday that he wanted to come on Wednesday. Tuesday afternoon he told me that he wanted to come on Wednesday. I'm a Realtor. I have different appointments and stuff to do. Yesterday I had stuff to do. My husband had an appointment. He's a cancer survivor, and he had an appointment with his doctor, too. CHAIRMAN KAUFMAN: Yeah, I'm a broker, a Realtor, a broker. MS. LOPEZ: Right. CHAIRMAN KAUFMAN: I have lots of things, but I'm here today because I have to be here today. And he needed to see that property. MS. LOPEZ: Well, that was the day before yesterday -- CHAIRMAN KAUFMAN: Okay. Okay. Okay. So I'm March 28, 2024 Page 25 looking for a suggestion from the Board. Do we want to grant some additional time, or do we want to impose? BOARD MEMBER FUENTES: Whenever the county tells me that they're having difficulties with reinspections and I hear from Jeff Letoureau, typically I go based on what the county's telling me. That's how normally I make my decision, so -- MS. LOPEZ: Well, what the county's telling you -- I mean, if you look at the record, they have been at my property every time that they want to come. BOARD MEMBER FUENTES: I understand that, but right now we're dealing with another request after your first request, and the gentleman in front of me's telling me that he's requested three times to inspect the property. MS. LOPEZ: No, that's not true. BOARD MEMBER FUENTES: So either John is lying -- and I understand you're a Realtor. And, you know, I'm relatively young. I own a public insurance adjusting firm. Trust me, I don't think anybody's busier than me right now. We've got to make it happen. If he's calling three times to inspect, he has -- MS. LOPEZ: He didn't -- (Simultaneous crosstalk.) MR. NOELL: Ma'am. MS. LOPEZ: That's not true. CHAIRMAN KAUFMAN: One person talks at a time. MS. LOPEZ: I can show you my phone. He called the day before yesterday. MR. NOELL: Ma'am, you need to -- you're not going to talk over the Board. You need to wait until the Board asks you question -- MS. LOPEZ: I understand. MR. NOELL: -- or addresses you. Thank you. March 28, 2024 Page 26 MS. LOPEZ: I am sorry. BOARD MEMBER FUENTES: That's where I stand. I'm just talking on the discussion of the matter. This is how I typically feel when it comes to these type of cases. BOARD MEMBER CURLEY: I think John's points are well taken, and I'll start off with making a motion to deny the conversation of an extension here and impose the fines and -- CHAIRMAN KAUFMAN: Okay. I'll second that. So -- BOARD MEMBER CURLEY: So the fines continue to accrue until -- CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER CURLEY: -- this is resolved, and then we're out of it, and then -- CHAIRMAN KAUFMAN: Well, no. They would come back after they get -- they won't come back, okay, okay. So we have a motion and a second to impose the fine. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. This case is closed. So you have an obligation to pay the fines. MS. LOPEZ: I knew that that's what the county wanted, and that's just how it is. CHAIRMAN KAUFMAN: We're not the county. We do not March 28, 2024 Page 27 work for the county. MS. LOPEZ: I understand. CHAIRMAN KAUFMAN: Okay. MS. LOPEZ: But he didn't tell the truth. BOARD MEMBER ELROD: You still have to get it resolved -- MS. LOPEZ: And I can show you my phone to prove that he called me the day before yesterday, and only once. And yesterday -- MR. LETOURNEAU: The hearing's closed. We object to any more testimony at this point. CHAIRMAN KAUFMAN: The hearing's closed. MR. LOPEZ: I don't know why this guy coming -- MS. LOPEZ: To lie. MR. LOPEZ: -- to lie. MS. LOPEZ: It's okay. It's okay. Let's go. MR. LOPEZ: From your -- MS. LOPEZ: Yeah, it's not -- it's not, because it looks like we are lying, and I have always let them access my property. So let's go. BOARD MEMBER AYASUN: We had some unhappy customers. BOARD MEMBER FUENTES: Oh, I feel like we did a very good job today. CHAIRMAN KAUFMAN: So far. BOARD MEMBER CURLEY: Is it time to go? CHAIRMAN KAUFMAN: Close. Okay, Helen. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Who's next? MS. BUCHILLON: ***Back up to public hearings, under motions, No. 2, CESD20230003212, Bernhardt Family Trust. MR. BERNHARDT: Mariano Bernhardt. March 28, 2024 Page 28 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MR. BERNHARDT: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please? MR. BERNHARDT: Mariano Bernhardt. CHAIRMAN KAUFMAN: Okay. Joe, you want to read this into the record for us? MR. MUCHA: This was a continuance request. CHAIRMAN KAUFMAN: Oh, I'm sorry. MR. MUCHA: I mean -- but he is on the docket for the IOF, too, so... CHAIRMAN KAUFMAN: Okay. We'll probably do both of these at the same time as well. Okay. You're asking for additional time. MR. BERNHARDT: We just purchased the property, probably took possession in early February. And the previous owners had enclosed the ground level of the home and turned it into living space, and we're currently applying for a demolition permit so that we can convert it back into a carport. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So you -- so this is a case that used to have a different name attached to it? I think I remember this. MR. MUCHA: Yes. Yardley. MR. BERNHARDT: Yardley. CHAIRMAN KAUFMAN: Okay. The previously assessed civil penalty of $5,000, was that ever paid? MR. MUCHA: Oh, you're looking at the wrong case. We're on the site development case, sir. March 28, 2024 Page 29 BOARD MEMBER CURLEY: Aren't we on Bernhardt Family Trust? MR. MUCHA: Yeah, there's two -- two cases for Bernhardt Family Trust. CHAIRMAN KAUFMAN: Yeah, I'm looking at the -- MS. BUCHILLON: Yeah, there's two cases. MR. MUCHA: The one that he's asking for more time on is the site development case ending in 3212. BOARD MEMBER BHATLA: What's the number on it? BOARD MEMBER CURLEY: 5.A.2. BOARD MEMBER ELROD: It's No. 2. BOARD MEMBER RUBENSTEIN: Number 2. MS. BUCHILLON: It's No. 2 in imposition. Right now the one that he's asking the continuance on is the 312, which is also scheduled for imposition. CHAIRMAN KAUFMAN: Okay. Well, 312, and I have Doug Williams name on, correct? You're going to talk for Doug on that one. And the one I'm looking at -- BOARD MEMBER CURLEY: The one that's on your screen is the hearing number now. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: The one on your desk is not now. CHAIRMAN KAUFMAN: Helen, which one did you call, the one that ends in 5027 or the one that ends in -- MS. BUCHILLON: No, sir. 3212. CHAIRMAN KAUFMAN: Okay. We can hear that one first, then. I don't have any information -- any information on it. MR. MUCHA: So, basically, the gist of this is he's the new owner of the property as of February 1st, and he's going to need more time. And his plan is to demo the unpermitted work that was done. March 28, 2024 Page 30 CHAIRMAN KAUFMAN: Okay. MR. MUCHA: And he's been very cooperative. We had several cases on the property. He's taken care of all of them. This is the last remaining case. CHAIRMAN KAUFMAN: Okay. How much time do you think you need? MR. BERNHARDT: Ninety days. CHAIRMAN KAUFMAN: Ninety days, okay. BOARD MEMBER CURLEY: Okay. I'll make a motion to grant the extension. MR. LETOURNEAU: Yeah, no objection, I was going to say. I just want to say that this was one of our major problem properties, and we're very happy that this gentleman is here fixing the problem at this point. BOARD MEMBER CURLEY: Thank you, Mr. Bernhardt. We'll take the advice of our chief manager there and grant you 120 days to get all this cleared up. MR. BERNHARDT: Appreciate it. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second to grant the 120 days. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. March 28, 2024 Page 31 Which brings us to? MR. MUCHA: ***Can we hear the other one? Yes, sir. CHAIRMAN KAUFMAN: Yeah, 527. MS. BUCHILLON: So we're going to change -- withdraw the 3212 from the imposition of fines, and we're going to hear the other imposition of fines. CHAIRMAN KAUFMAN: Right. MS. BUCHILLON: We need to remove -- under motion for imposition of fines, okay. We're going to remove -- No. 3, CESD20230003212, Bernhardt Family Trust, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Withdrawn by the county. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: We're done. MS. BUCHILLON: ***So next case would be No. 2 under imposition of fines, CENA20230008527, Bernhardt Family Trust. (All participants were previously sworn.) CHAIRMAN KAUFMAN: Okay. Joe. MR. MUCHA: Okay. For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. Past orders: On October 26th of 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6307, Page 3338, for more information. Violation has been abated as of February 5th of 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $500 per day for the period from November 3rd of 2023 to February 5th of 2024, for 95 days, for a total fine amount of $47,500. Previously assessed civil penalty of $5,000 have not been paid. Previously assessed operational costs of $59.28 has been paid. Operational costs for today's hearing is $59.35. Total fine amount to March 28, 2024 Page 32 date: $52,559.35. Let me go over some factors of the case. Gravity of the violation was considered health and safety. Actions taken by the violator to correct: The grass was cut by the property owner. Any previous violations committed by the respondent: None. Any other relevant factors: As I mentioned before, new owner of the property as of February 1st of this year. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: How do you feel about that $52,000? MR. BERNHARDT: Well, the previous owner's left quite a bit money in escrow, and we're hoping to -- once everything has been abated, to apply for a reduction of the fines and, at that time, whenever that is, they'll be paid out of that escrow money. CHAIRMAN KAUFMAN: So when you bought the property, you put that -- because you knew the fines were accruing? MR. BERNHARDT: When we purchased the property, there was accruing fines daily to the tune of almost $80,000, aside from this one. So we're -- but we can't really apply for -- to close the case until everything's been abated. So we've already taken care of a number of the things. We're working on this demolition. I think that's the last thing. So once that's done, we can apply to have them all kind of closed out and add a -- CHAIRMAN KAUFMAN: Wouldn't you think that that person would probably be arguing for the reduction of fines? It doesn't mean anything to you one way or the other. He's the one that's on the ball for paying that 52,000 that's in escrow. MR. BERNHARDT: Unfortunately, they can't apply for that reduction. We have to now, as the new owners. So, yeah, obviously, we want to reduce it as much as possible for them even March 28, 2024 Page 33 though I'm doing all the work. But that's kind of what we took on when we purchased the property. BOARD MEMBER FUENTES: But there's no benefit to reducing it for you, then? BOARD MEMBER CURLEY: Well, there's only a certain amount of pot left. BOARD MEMBER FUENTES: Yeah. MR. BERNHARDT: What's left over goes to them, so it doesn't really matter to me. MR. IANDIMARINO: If I may, Director -- CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: Tom Iandimarino, Code Enforcement director. The long math on this one, Mr. Chairman, is that once they apply for code lien relief, it's going to fall under the resolution that the Board of County Commissioners put together last May, and it's going to probably be reduced down to either 10 or 20 percent of the assessed value of the property. So if you were to impose, the long math would be it would probably all still be reduced down to 10 or 20 percent of the assessed value of the property by the BCC per the resolution of last May. If you fail to -- if you just reduce it down to a nominal amount, that may still be below the total amount of what's already owed, if that makes sense. Yeah, so the long short -- the long end of this is that the Bernhardt family has come in. They've purchased the property. They've done a lot of work to clean it up to abate the violations, and they are working to do this. The family that sold the property had some issues with the folks that were living there. It was not the owner's ability to get them out of the house until they sold it, and, obviously, any money that's March 28, 2024 Page 34 remaining from the escrow that is put aside will go back to the original seller of the property. CHAIRMAN KAUFMAN: So by us approving the imposition of fines, ultimately, the decision will be made by the county commissioners? MR. IANDIMARINO: I think because the amount of the fines' total is going to be above the possible reduced amount -- I mean, if it was below the potential reduced amount, then it wouldn't matter. They're going to pay X amount of dollars anyway, but that's the long math on it. CHAIRMAN KAUFMAN: Well, I believe that I would prefer to have the county commissioners, since they're going to wind up with it anyhow -- BOARD MEMBER CURLEY: Well, I have a suggestion. Are we at that point? CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: So the civil penalty of 5,000, I would like to keep that, and then I would like to reduce the balance to 5,000, so making -- imposing 5,000 for the civil penalty and 5,000 for the reduction of the -- from the 48 -- 47,5-, including today's 59.35. So it would be $10,059.35. I feel like that might be below the threshold that you're speaking about where we wouldn't have to do any more county paperwork, and everybody can move on. CHAIRMAN KAUFMAN: Will it still wind up in front of the county commissioners possibly? MR. IANDIMARINO: It still will because there is another case that has been liened already that is accruing fines -- that has -- that will be abated eventually when these are done, yeah. BOARD MEMBER CURLEY: Well, we can only deal with this one right now, and that's my suggestion as a motion. March 28, 2024 Page 35 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: If I may, also the past due ops costs on there. BOARD MEMBER CURLEY: Up here it says it is. MS. BUCHILLON: Oh, they paid already. Okay. I'm sorry. It wasn't changed here. I'm sorry. I'm sorry. I apologize for that. BOARD MEMBER CURLEY: So 10,000 total, plus 59.35 for today's costs. CHAIRMAN KAUFMAN: Okay. So that's your motion? BOARD MEMBER CURLEY: Yes, sir. CHAIRMAN KAUFMAN: Is there a second? BOARD MEMBER FUENTES: 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 AYASUN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER RUBENSTEIN: Are we going to have any discussion? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: Why are we taking the position that this is going to get kicked down the road to the commissioners, and we're reducing it to accommodate something that might not happen? BOARD MEMBER CURLEY: Because we just listened to the person that's in charge of our department -- BOARD MEMBER RUBENSTEIN: That's possible. That's not positive. BOARD MEMBER CURLEY: Okay. So -- March 28, 2024 Page 36 BOARD MEMBER RUBENSTEIN: I don't think it's our position to play the end coach on this. I think the fines speak for themselves, and if they go to the Commission and they get reduced, so be it. But to take it from where it's at to what's proposed, I think, defeats the purpose of what the code's been doing for months on this. And I don't think it's our place to chop it down to accommodate something that might not happen, so... CHAIRMAN KAUFMAN: I agree with you, okay. But we have a motion. We have a second. Yes. BOARD MEMBER ELROD: The property owner didn't do this, the tenants did, and the new property owner is trying to fix everything. BOARD MEMBER RUBENSTEIN: That's fine. Doesn't change the fact of what happened. BOARD MEMBER CURLEY: This is not discussion. This is just chatter. CHAIRMAN KAUFMAN: This is discussion. I can tell because their mouths are moving. BOARD MEMBER CURLEY: Call the vote, please. BOARD MEMBER AYASUN: We have a motion and a second. (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? March 28, 2024 Page 37 BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Aye. Okay. It passes -- two dissenters, so it's 5-2. MR. BERNHARDT: Thank you. CHAIRMAN KAUFMAN: You're out of it either way except getting it all done. MR. BERNHARDT: The more we can reduce it, I think, is more beneficial to both parties. It's going to get ultimately get reduced, hopefully, once everything is -- all the boxes are checked. But it is a weight off, you know, because, obviously, you know, to go from 80- down to 20-, let's say -- well, now it's not 80-. Now maybe it's 60-. So there's a little bit more breathing room, so I do appreciate that. Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BERNHARDT: Have a good day. CHAIRMAN KAUFMAN: Okay. Helen, that brings us to? MS. BUCHILLON: That brings us to -- BOARD MEMBER RUBENSTEIN: A fork in the road. MS. BUCHILLON: ***We're still under public hearings, motion for extension of compliance deadline, No. 3, CESD20230003711, Maria Isabel Reyes. CHAIRMAN KAUFMAN: Number 3 under -- on the motion for extension of compliance deadline. BOARD MEMBER AYASUN: At the beginning. BOARD MEMBER CURLEY: 5.A.3. 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. DIRIENZO: Yes, ma'am. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing March 28, 2024 Page 38 but the truth? MR. COOPER: I do. MS. REYES: Yes, I do. CHAIRMAN KAUFMAN: Okay. Could you state your name microphone for us, please. MS. REYES: Maria Reyes. CHAIRMAN KAUFMAN: You can bring it down. There you go. MS. REYES: Maria Reyes. THE COURT REPORTER: And your name? MR. DIRIENZO: Leo Dirienzo. CHAIRMAN KAUFMAN: Okay. MR. COOPER: Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay, Craig. You're asking for an extension of time on this? MR. DIRIENZO: Yes. CHAIRMAN KAUFMAN: Give us a little summary of what's going on. MR. DIRIENZO: Yeah. So she had built something without permits, and we're working now with the company and got all the paperwork situated. The company that we've hired has made some inconsistencies on the permits, so things got pushed back. And now everything was resubmitted again to the county for permitting, and it's under review. We believe it's going to take about four to six weeks for approval. Our permits that we have right now don't expire until August. We're just trying to be productive and, you know, get a little more extension to make sure that we don't get caught up running out of time when the time comes. CHAIRMAN KAUFMAN: So you're saying that the county's March 28, 2024 Page 39 told you that it's going to take four to six weeks to get approved, the permit that you have? MR. DIRIENZO: The company we've hired said that every time they resubmit something, it's between four to six weeks. It's under review now. Last time they resubmitted everything was March 18th, which was last Monday. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Well? CHAIRMAN KAUFMAN: County, do you have anything to say? MR. COOPER: No. I would like to say that they've been nothing but cooperative every step of the way, including letting me over at 7 a.m. this morning -- yesterday morning, to do a prehearing inspection. So I don't have anything but kind words. CHAIRMAN KAUFMAN: What's left to -- what's holding up the permit; do you have any idea? MR. COOPER: Offhand, I know it's under review. It expires -- I know there was a correction that they needed to do. They needed to resubmit exactly what they did the changes to, and then it got sent back. CHAIRMAN KAUFMAN: Okay. So you said you need four to six weeks. Any comment from the Board? Yes, Jeff. MR. LETOURNEAU: Yeah. We have no objection to four months, six months, whatever, that's fine. Yeah, obviously they're trying to get this thing taken care of. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'm in agreement with six months. CHAIRMAN KAUFMAN: Okay. March 28, 2024 Page 40 BOARD MEMBER CURLEY: Yeah. At least give them to the end of their permit expiration date. BOARD MEMBER FUENTES: They're complying. They're working towards a solution. CHAIRMAN KAUFMAN: So you're making a motion to grant six months? BOARD MEMBER FUENTES: I'll make a motion to grant six months. BOARD MEMBER ELROD: Second. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. DIRIENZO: Thank you. Good luck. THE COURT REPORTER: Can you spell your name for me? MR. DIRIENZO: It's L-e-o, and then the last name is D-i-r-i-e-n-z-o. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Okay. Back to old business, B, motion for imposition of fines and liens, No. 4, CEAU20220010097, Best Homebuilder at Golden Gate, LLC. BOARD MEMBER CURLEY: I'm sorry. What number, Helen? CHAIRMAN KAUFMAN: Number 7 under imposition of fines. MS. BUCHILLON: No, No. 4. CHAIRMAN KAUFMAN: Number 4? BOARD MEMBER CURLEY: 6.B.4. 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? March 28, 2024 Page 41 MR. GARCIA: Yes. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the mike for us, please. MR. GARCIA: Good morning. My name Michael Garcia. CHAIRMAN KAUFMAN: Okay. And Joseph Marino is the one whose name is listed here. You are what? MR. GARCIA: I am the owner of the property with my mother. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Joseph Marino was the prior investigator. CHAIRMAN KAUFMAN: Oh, I'm sorry. Okay. Do you want to read the case into the record for us, Christine. MS. PEREZ: Good morning. For the record, Christina Perez, Collier County Code Enforcement. On July 31st, 2023, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board in document and images for more information. The violation has not been abated as of March 28th, 2024. Fines have accrued at the rate of $150 per day for the period September 30, 2023, to March 28, 2024, 181 days, for a total fine amount of $27,150. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid as of this morning. Operational costs for today's hearing is $59.28. Total amount: $27,209.28. CHAIRMAN KAUFMAN: Okay, sir. MR. GARCIA: This is way -- we submitted the wetland application for the house, was -- approved it, like, seven months ago. March 28, 2024 Page 42 And also they don't ask to me any wetland determination. And now for the fence, the regulation [sic] that they have, they're asking me for the wetland determination to approve the permit for the fence. THE COURT REPORTER: I'm sorry. I can't understand you. MR. LETOURNEAU: Christina, could you, like, summarize this whole situation? MS. PEREZ: Yeah, I can summarize. So the code violation is for a fence permit that was installed prior to the permit, but in the process, he's also applied for a house permit to build a house. So the house has been approved. And there was two reviews, one on the fence permit application that said he needed a wetland determination because they weren't able to conclude if there was wetlands or uplands. When the house was reviewed, they determined on there that there was no wetland determination, but it was required because the surrounding properties were uplands. What Mr. Garcia's going to try to do is he -- instead of applying -- getting a wetland determination, we're trying to see if the environmental division will allow him to utilize the same comments in the house permit to just approve the rejection in the fence permit and then be able to complete the application. CHAIRMAN KAUFMAN: So let me ask you: How long do you think that will take? MS. PEREZ: Three months. So for us to get the approval that that's going to be -- you know, that they will allow him to reapply for the rejected fence application and approve the environmental review, and then it's usually a 30-day process to review that application. So once he gets the permit approved, then he can call in that inspection. CHAIRMAN KAUFMAN: So, realistically, we can either impose the fine or grant probably four months, five months. BOARD MEMBER AYASUN: Six months. March 28, 2024 Page 43 MS. PEREZ: I think -- the fence is already installed. Sixty to 90 days should be sufficient if all were to go well. If not, then he would have to go ahead and get that wetland determination. But if it was approved for the house permit, I don't see it being required for the fence permit. CHAIRMAN KAUFMAN: So you're saying 60 days, 90 days? MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Okay. So you're saying, probably three months would be okay? MS. PEREZ: I believe so. CHAIRMAN KAUFMAN: Okay. Any comments, questions from the Board? BOARD MEMBER AYASUN: I think it's more like about 100 days. CHAIRMAN KAUFMAN: Okay. A hundred days, that's like 90 -- three months. BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I have one question for the homeowner. So are you -- is this an owner/builder? I see your shirt says you're a contractor. Are you building this house with your mom? MR. GARCIA: Yes. BOARD MEMBER CURLEY: Okay. That makes me feel better. MR. GARCIA: Thank you. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion for a continuance for four months. CHAIRMAN KAUFMAN: Okay. We have a motion. March 28, 2024 Page 44 BOARD MEMBER AYASUN: 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Four months. MR. GARCIA: Thank you. CHAIRMAN KAUFMAN: Good luck. MR. GARCIA: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Next case, we're still under imposition of fines, No. 5, CESD20220008207, Walter A. Navarro, Krissia I. Palacios, Graciela E. Hughes, and John Hughes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. NAVARRO: I do. MS. PALACIOS: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. NAVARRO: Walter Navarro. MS. PALACIOS: Krissia Palacios. March 28, 2024 Page 45 CHAIRMAN KAUFMAN: Okay. You can pull it down, if you want, the microphone. Okay. Do you want to read this into the record for us? MR. PACKARD: Yes, sir. Good morning. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On April 27th, 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 violations. See the attached order of the Board, OR6248, Page 841, for more information. The violation has not been abated as of March 28th, 2024. Fines and costs to date are as follows: Part 1 has been abated as of May 2nd, 2023. Part 2: Fines have accrued at a rate of $200 per day for the period from August 26th, 2023, to March 28th, 2024, 216 days, for a total fine amount of $43,200. Fines continue to accrue. Previously assessed operational costs of 59.28 have not been paid. Operational costs for today's hearing, 59.63. Total amount: $43,318.91. CHAIRMAN KAUFMAN: Okay. What was Part 1? MR. PACKARD: Shutting off power in and ceasing occupation -- occupancy of the garage that was converted to living space. CHAIRMAN KAUFMAN: Okay. So that has been done? MR. PACKARD: Correct. CHAIRMAN KAUFMAN: Okay. But permits and everything else has not. MR. PACKARD: Initially, they had a permit to permit the enclosure, and then they decided that that wasn't going to be feasible. So they've canceled that permit, and they do have a permit -- a demo March 28, 2024 Page 46 permit that they're working on getting issued. CHAIRMAN KAUFMAN: Okay. And the operational costs -- I should ask the respondent. Is there any reason you haven't paid the operational costs for the last hearing? MR. NAVARRO: No, I wasn't even sure about -- MS. PALACIOS: We weren't aware. MR. NAVARRO: -- where do I need to pay or anything. BOARD MEMBER CURLEY: Didn't it say -- I think our paper's different than what was up -- MR. PACKARD: Yeah. That's just the permits that are current on the parcel. BOARD MEMBER CURLEY: No. I mean, the page before, it looked like this, but it didn't -- so the operational costs are outstanding? BOARD MEMBER RUBENSTEIN: Look at their face. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Ordinarily, when the operational costs have not been paid, we don't go much further into the case. But in this case I will ask, how long do you think it's going to take you to get everything done? MR. NAVARRO: So, basically, we pulled -- first, you know, I talked to a contractor. We get the survey. We pay for an architect to sign all the plans, then we submit all the paperwork. It was a lot of money to get the place to be validated with all the changes that we did, so we decided not to continue with that. Then we talked to Mr. Jason last time we were here that we're going to start the demolition process and get it back to the normal -- to the normal way. We went to the county. They require for us to take the last permit with the contractor. So I have to try to meet up with the general contractor to notarize everything so he can pull up the permit March 28, 2024 Page 47 that he tried to -- that he was approved in order for me to get the demolition permit. So we already got those papers in place. We apply for the demolition permit now. All the demolition has been done. Nobody being -- you know, the garage, it's a garage, you know, and we're just waiting for them to approve it so they can send somebody to just check the place that there's nothing else over there and everything is like it was before. So whatever time, basically, that takes. CHAIRMAN KAUFMAN: So you have a demolition permit; that's been done? MR. NAVARRO: No, we -- CHAIRMAN KAUFMAN: It just needs to be -- MR. NAVARRO: We applied for the demolition permit, but it's still under review. So as soon as they approve it, they can send somebody to the place and see that everything is the way it was. So as soon as that's -- I don't know what's the next step after that, but everything is fixed, basically. CHAIRMAN KAUFMAN: Do you see a demolition -- BOARD MEMBER CURLEY: It's right here. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: They got the -- they got the one- and two-family permit canceled, and then they had the demo permit applied for, and it's like -- like he stated, he's in the review process currently. CHAIRMAN KAUFMAN: Okay. So -- BOARD MEMBER CURLEY: This is just a paperwork issue because -- did you state that the demo's already been done? MR. NAVARRO: Yeah -- no. I talked to Jason and I say, like, everything's been done. I'm just waiting for, basically, the approval. Once I tried to pull up the demo permit, there was a hold in March 28, 2024 Page 48 there. They wanted the contractor to get together with me so we can notarize a paper saying that he's pulling the permit -- the previous permit that he pulled for us. CHAIRMAN KAUFMAN: When do you think you'll have that done? MR. NAVARRO: That's already done. I'm just waiting for the county to finish reviewing the demolition and they approve it so they can send somebody to the house and see that there's -- everything been completed already. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: What about prior operational costs? Those have not been paid. CHAIRMAN KAUFMAN: You said you didn't understand that you had that fee to be paid? MR. NAVARRO: Well, the operational costs, I can definitely pay it as of today, yeah. That's not a problem at all. CHAIRMAN KAUFMAN: Okay. Okay. BOARD MEMBER CURLEY: So we need to give you an extension of time, but your fines are happening every day. So when you finish this, you have to come back and see us, and we're going to have to chitchat about this. MR. NAVARRO: I understand, yes. BOARD MEMBER CURLEY: Does anybody have a number of days that they want to put up? BOARD MEMBER FUENTES: The case has been opened since 2021. BOARD MEMBER CURLEY: Yeah, but we see this when people think they're going to go get permits, and then they go, and they spend a lot of money, and then they realize this is, like, way more than we signed up for, and it's hard to educate yourself on that, whether it's a good deal or not. And so this is -- sometimes we see March 28, 2024 Page 49 "we'll see you in six months," and -- well, we'll see you in six months. Here you are. CHAIRMAN KAUFMAN: Sixty days. BOARD MEMBER AYASUN: Sixty days. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER AYASUN: Give him 60 days. CHAIRMAN KAUFMAN: You're making a motion that we grant 60 days? BOARD MEMBER AYASUN: And then he pays the operational costs -- CHAIRMAN KAUFMAN: Operational costs today. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. And we have a second. BOARD MEMBER CURLEY: Just a discussion, if he could just pay both operational costs today, one for today and the one previous one, then you'd be good to go. MR. NAVARRO: I'll do that, yes. CHAIRMAN KAUFMAN: Okay. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. You've two months. I'm sure the county will be done, and you can get rid of this. MR. NAVARRO: Thank you. March 28, 2024 Page 50 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: You can come to the office -- I mean, if you're going to pay in the office -- tomorrow, because by the time we get back, it's going to be later on, so we won't have the other operational costs. So just, if you're going to pay it, do it tomorrow. MR. NAVARRO: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Which brings us to. MS. BUCHILLON: ***Brings us to -- we're still under imposition of fines. CHAIRMAN KAUFMAN: Right. MS. BUCHILLON: Number 6, CEAU20220006876, PSB Land Trust. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. BANSKI: Good morning, ladies and gentlemen. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. MR. BANSKI: I do. THE COURT REPORTER: Your name? MR. BANSKI: Piotr Banski. THE COURT REPORTER: And your name? MR. JARGIN: Edgar Jauregui (phonetic). MR. MUSSE: Investigator Jonathan Musse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Jonathan, you want to read this into the record for us? MR. MUSSE: Yes, sir. Past orders: On January 26th, 2023, the Code Enforcement March 28, 2024 Page 51 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 attached order of the Board OR6235, Page 361, for more information. The violation has been abated as of December 15th, 2023. Fines and costs to date are as follows: Fines have accrued at the rate of $100 per day for a period from March 28th, 2023, to December 15th, 2023, 263 days, for a total fine amount of $26,300. Previously assessed operational costs of 29.21 have been paid. Operational costs for today's hearing is $59.42. Total amount is $26,359.42. This is not a health-and-safety issue. Permit No. PRFW20230519664 was obtained and finaled on December 15th, 2023. The respondent does have a previous case, which is currently open, Case No. CESD20220005381, adjudicated by the Code Enforcement Board. And there are no other relative factors. CHAIRMAN KAUFMAN: Okay. I guess my first question is to the respondent. This started almost a year ago. MR. BANSKI: Yes, it has. CHAIRMAN KAUFMAN: Why is it taking you so long? MR. BANSKI: Actually, we had a certificate of completion already back in December for this case. CHAIRMAN KAUFMAN: Okay. MR. BANSKI: So it's been finalized. We had an open permit since our last meeting which was, what, March, here last this year? I think so. CHAIRMAN KAUFMAN: There was a -- MR. MUSSE: January. MR. BANSKI: So January, yeah. So we had an open permit, March 28, 2024 Page 52 and I was under the impression once we had the permit, I wouldn't accrue any daily charges. CHAIRMAN KAUFMAN: Okay. MR. BANSKI: I have -- you know, that's why we had the architect involved, the engineer and everything, to get everything resolved. And, surprising, I didn't get any letters. Jonathan contacted me yesterday by e-mail, and that's how I knew I had to come today to get in front of you and explain. CHAIRMAN KAUFMAN: Okay. MR. BANSKI: If I knew I had to accrue any fines, of course, I'm the kind of person, I get things done. CHAIRMAN KAUFMAN: Okay. MR. BANSKI: So my apologies not knowing. CHAIRMAN KAUFMAN: Anybody want to ask a question or make a motion? BOARD MEMBER CURLEY: I'll make a motion to deny the county's imposition of fines. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. BOARD MEMBER CURLEY: That -- does that include or not include the operational costs? MR. BANSKI: Oh, I'm here, so I'm willing to pay the operational costs. Not an issue. BOARD MEMBER CURLEY: So $59.42 today to be paid, and deny the 26,300. MR. BANSKI: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. March 28, 2024 Page 53 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Thank you. MR. BANSKI: Thank you, ladies and gentlemen. Have a great day. MS. BUCHILLON: ***Next case, No. 7, CELU20180013990, Vladamir Portal and Caridad Paz. 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: Yes. THE COURT REPORTER: Are you translating? MS. ESPINOSA: Yes. THE COURT REPORTER: Then let me swear you in. Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. ESPINOSA: Yes. THE COURT REPORTER: Okay. And your name? MS. ESPINOSA: Carilyn Espinosa. CHAIRMAN KAUFMAN: So as I understand from a distance, you're going to be translating for this gentleman? MS. ESPINOSA: That's correct. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. March 28, 2024 Page 54 MR. PORTAL: Vladimir Portal. CHAIRMAN KAUFMAN: Okay. So why don't we read this into the record to begin with. MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. 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 the attached order of the Board, OR5742, Page 241, for more information. On February 25th, 2021, April 28th, 2022, and February 22nd, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board in docs and images for more information. The violation has been abated as of March 1st, 2024. Fines have accrued at a rate of $150 per day from the period from August 26th, 2020, to March 1st, 2024, 1,284 days, for a total fine amount of $192,600. Previously assessed operational costs of $59.28 and $59.77 have been paid. The operational costs for today's hearing is $59.91, for a total amount of $192,659.91. The gravity of the violation was not health and safety. Any actions taken by violator to correct: Permit PRCP20220416779 was CO'ed on 1/6/2023. Permit PRAC20230414787 was CO'ed on 11/10/2022. Any previous violations committed by the respondent/violator: N/A. Any other relevant factors: N/A. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board? BOARD MEMBER CURLEY: Congratulations. March 28, 2024 Page 55 BOARD MEMBER FUENTES: You know, the last time he was here, he had to pick somebody else to translate for him. It didn't go very well. It was rough. So I'm glad you came. MS. ESPINOSA: Thank you. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion. I'd like to reduce the penalty from 192,000 and change, 659.91 to $1,500. BOARD MEMBER CURLEY: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. Any comments? (No response.) 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Is that including today's costs, or is that just 1500 with everything? CHAIRMAN KAUFMAN: That's with everything. MR. LETOURNEAU: Okay. Thank you. MR. PORTAL: Okay. MS. ESPINOSA: He says "yes." CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: I hope he said "thank you." I didn't hear it. That's okay. March 28, 2024 Page 56 MR. PORTAL: Gracias. Oh, thank you. Thank you. MS. ESPINOSA: Thank you so much. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: We're done with this case. MS. BUCHILLON: Do you want to keep going, or you want to take a break, Terri? CHAIRMAN KAUFMAN: No. Take a break at 10:30. It that okay, Terri? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Next case. MS. BUCHILLON: ***Okay. Next case, No. 9, CESD20220003245, Naples-Davis Boulevard, LLC, in care of Benderson Development Co., 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. HOLMES: I do. MR. MATHES: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. MATHES: Todd Mathes on behalf of Benderson Development. CHAIRMAN KAUFMAN: You're the what? I didn't hear. MR. MATHES: On behalf of Benderson Development, the corporate representative. CHAIRMAN KAUFMAN: Okay. You have their permission to testify? MR. MATHES: Yes. CHAIRMAN KAUFMAN: Okay. It looks like it has been abated. Do you want to read this into the record? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, March 28, 2024 Page 57 Collier County Code Enforcement. MR. LETOURNEAU: Brad, can you get it up? MR. HOLMES: Okay. Yep. Past orders: On November 18th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6199, Page 1730, for more information. On July 31st, 2023, the Code Enforcement Board granted an extension of time. See the attached orders of the Board in documents and images for more information. The violation has been abated as of February 6th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from October 30th, 2023, to February 6th, 2024, 100 days, for a total fine amount of $10,000. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.70. Total amount: $10,059.70. The gravity of the violation: This is not considered health and safety. Actions taken by the violator to correct: Insubstantial Change PL20220006949 to the PUD was approved on October 18th, 2023, and Permit No. PRSG20230940175 was finaled on February 6th, 2024. Any previous violations committed by the respondent/violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir? MR. MATHES: Thank you. I am here to plead for your mercy and hope for a reduction of the fine. I think you all know this property. I have appeared before you March 28, 2024 Page 58 in the past. It's the old steel skeleton that was a victim of the housing crisis that we turned into an Amazon logistics facility, and this was all about converting a sign that existed on the property, and we all learned well after the fact that it never had permits from what was to what is today. It took a little bit of time to identify the right path. We were in the middle of a PDI application that ended up taking from December of '22 to September -- this past September to issue a decision to then apply for a building permit. So we have been at it. We hope that you will offer us a reduction of that fine payment. But there's not much more to it than that. We appreciate everybody. CHAIRMAN KAUFMAN: Anybody have any comments, questions, motions? BOARD MEMBER FUENTES: Yeah. I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Make a motion to reduce the fines, and to also include, altogether, the operational costs for today, to $500. BOARD MEMBER CURLEY: 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. March 28, 2024 Page 59 MR. MATHES: Thank you. CHAIRMAN KAUFMAN: Okay. We'll hear one more, and then we'll give Terri a break. MS. BUCHILLON: ***Okay. Next case, No. 10, CESD20140006223, Henry Perez. 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. PEREZ: I do. CHAIRMAN KAUFMAN: You get the award today for -- MR. PEREZ: Don't tell me. CHAIRMAN KAUFMAN: -- the oldest case that I've seen in all my time here. MR. PEREZ: And highest fees and fine. I know. I know. THE COURT REPORTER: Are you Henry? MR. PEREZ: Yeah. MR. COOPER: For the record, Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Take a deep breath and start reading. MR. COOPER: Past order: On November 20th, 2015, 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, OR5217, Page 2222, for more information. On March 24th, 2016, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5257, Page 903, for more information. On September 22, 2016, the Code Enforcement Board granted an extension of time. See the attached order of the Board, OR5318, March 28, 2024 Page 60 Page 736, for more information. The violation has been dated as of March 20th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from June 23rd, 2017, to March 20th, 2024, for 2,463 days, for a total fine amount of $492,600. Previous assessed operational costs of $65.43 have been paid. Operational costs for today's hearing are $59.70, for a total amount of $492,659.70. A, the gravity of the violation: Not health and safety. B, any actions taken by a violator to correct: Obtained Permit PRBD20120305715. Requested all related inspections and was issued a certificate of occupancy. C, any previous violations committed by the respondent/violator: No. And, D, any other relevant factors: And that, again, no. CHAIRMAN KAUFMAN: Okay. I know you've been asked this many times, but I'll ask it one more time: What took so long? MR. PEREZ: You should have went to lunch before this. Wow, eight years. I bought this property in 2014, late 2014, not knowing what was going to happen in the future. I was a dreamer, you know. I wanted to do an owner/builder, so I wanted to fix it myself with my own hands. I'm a retired police officer, and I, at that time, had no -- nothing else to do. So the next year came. I was going through problems in a marriage. She decided she wanted a divorce. Now I'm a single father of two, raising two boys, trying to fix this house. So I hadn't even started on the house. So I was told I had to pull the permit on it, which I did, by the county, and then in 2016, they brought me before the Board because I signed a paper for the March 28, 2024 Page 61 $200-a-day fine. The house didn't even have windows yet. It only had a roof and a shell. So make a long story short -- I could tell you all my complaints and everything that I've been through, but the county has been a blessing with me in the past eight years, a blessing. They've given me a lot of opportunities. And I did this house with my own two hands except for last year when I brought in a contractor because I have an injury, and I couldn't finish it. So my son paid for the contractor. I'm in debt over $350,000 in families and friends. And it was a dream that became a nightmare, and now it's finished. You know, I can't -- what else can I really say? I can tell you everything that's happened in between, but it's just, you know, useless to do that because, you know -- BOARD MEMBER FUENTES: Congratulations on being a free man. BOARD MEMBER CURLEY: I want to see a picture. MR. PEREZ: You want to what? BOARD MEMBER CURLEY: I want to see a picture of the finished product. MR. PEREZ: Oh, I have them on my iPad if you want to take a look of before and after. BOARD MEMBER FUENTES: We used to drive by this property and wonder what on earth was happening. Many years ago, I mean. MR. PEREZ: That was me. That was me. You saw a red -- I mean, a brown Toyota Tundra there for 10 years, and then the Chevy. And I was there almost every day after work. BOARD MEMBER FUENTES: Congratulations. MR. PEREZ: Even on weekends. BOARD MEMBER CURLEY: Well, I have one note on here which says this was my first meeting on this board when this case March 28, 2024 Page 62 was opened. So I'll make a motion to deny the county's imposition of fines with the exception of today's operational costs. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Nay. BOARD MEMBER BHATLA: Nay. BOARD MEMBER CURLEY: It passes, 3-4. CHAIRMAN KAUFMAN: 4-3. BOARD MEMBER FUENTES: What did you say? BOARD MEMBER JOHNSON: I can't vote. BOARD MEMBER FUENTES: Oh. BOARD MEMBER RUBENSTEIN: Can we recount that, please? BOARD MEMBER AYASUN: Go ahead. Do a roll call. BOARD MEMBER CURLEY: In favor (raises hand). BOARD MEMBER ELROD: (Raises hand.) BOARD MEMBER AYASUN: (Raises hand.) CHAIRMAN KAUFMAN: One, two. BOARD MEMBER AYASUN: I'm here, too. CHAIRMAN KAUFMAN: Three. Opposed? BOARD MEMBER RUBENSTEIN: (Raises hand.) BOARD MEMBER BHATLA: (Raises hand.) March 28, 2024 Page 63 CHAIRMAN KAUFMAN: (Raises hand.) BOARD MEMBER FUENTES: (Raises hand.) CHAIRMAN KAUFMAN: One, two, three, four. It fails. BOARD MEMBER FUENTES: Not that we plan to stick this amount. Like, I'd make a motion. I just -- we would have to place something. I would reduce the fines to at least $3,000, that including today's operational costs as well. That would be my motion. BOARD MEMBER AYASUN: Second. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PEREZ: Better than 490-. CHAIRMAN KAUFMAN: So 3,000 -- we saved you 490,000, round figures. MR. PEREZ: I really appreciate your time. CHAIRMAN KAUFMAN: Okay. Next time I build a house -- MR. PEREZ: Don't call me. CHAIRMAN KAUFMAN: -- I won't call you. MR. PEREZ: I'm done. I'm done. MS. LORENZO: Does that include the operational costs? March 28, 2024 Page 64 BOARD MEMBER FUENTES: Yes, I did -- that's to include everything. BOARD MEMBER AYASUN: Is he in the house? Is he in the house, do you think? CHAIRMAN KAUFMAN: Yes. We're going to take a break now for Terri. Be back in 10 minutes or so. (A brief recess was had from 10:27 a.m. to 10:38 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. All right. Helen, who's up? MS. BUCHILLON: We are still under imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Number 12, CESD20220010706, Christa Benoit. MR. PACKARD: Good morning. CHAIRMAN KAUFMAN: Good morning. We'll get everybody sworn in. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MS. BENOIT: I do. MR. NOELLE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MR. NOELLE: Joseph Noelle. MS. BENOIT: Christa Benoit. CHAIRMAN KAUFMAN: And, Jason, do you want to read this into the record for us? MR. PACKARD: Yes, sir. For the record, Jason Packard, March 28, 2024 Page 65 Collier County Code Enforcement. Past orders: On April 27th, 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 violations. See the attached order of the Board, OR6248, PG845, for more information. On October 26th, 2023, the Code Enforcement Board grant a continuance. See the attached orders of the Board in documents and images for more information. The violation has been abated as of February 27th, 2024. Fines and costs to date are as follows: Part 1 has been abated as of May 2nd, 2023. Part 2: Fines have accrued at a rate of $200 per day for the period from September 25th, 2023, to February 27th, 2024, 156 days, for a total fine amount of $31,200. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $5,956. Total amount: $31,259.56. The gravity of the violation: It was a health-and-safety violation. Any actions taken by the violator: Demolition Permit PRDM20231249246 was applied for on December 1st, 2023, and finaled on February 23rd, 2024. Any previous violations committed by the respondent: None. And any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So you started to redo a garage? MR. NOELLE: Well, the previous owners had converted the garage into a living space, and we just carried on through the process of returning it back into a garage. CHAIRMAN KAUFMAN: Okay. So when you bought it, it March 28, 2024 Page 66 was already converted? MR. NOELLE: Yeah, it was already converted. But, yeah, we've already taken care of everything. We've gotten all our permits. Jason has helped us a lot with the process, yeah. It was -- it's been -- it's taken so long because it's been such a confusing process. But over the time, figuring things out, it became easier. And seeing you guys multiple times, like, it's made it, you know, one of those things where it's like we've got to get it done and get out of your guy's faces. BOARD MEMBER FUENTES: All right. Well, I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion to deny the county the imposition of fines; however, the operational costs for today of 59.56 do need to be paid. MR. NOELLE: That's fine. BOARD MEMBER FUENTES: Okay, within the next 24 hours. MR. NOELLE: We can do that. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) March 28, 2024 Page 67 CHAIRMAN KAUFMAN: It carries unanimously. Okay. BOARD MEMBER CURLEY: Look how much you learned, though. MS. BENOIT: Thank you so much. MR. NOELLE: Thank you so much. You guys are great. MS. BUCHILLON: ***Next case, No. 13, CESD20200006363, Miguel Arroyo. 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. WILLIAMS: I do. MR. ARROYO: I do. CHAIRMAN KAUFMAN: Could you state your name on the mic for us. MR. ARROYO: Miguel Arroyo. CHAIRMAN KAUFMAN: Okay. And, Doug, you want to read this into the record for us? MR. WILLIAMS: Yep. Past orders: On April 23rd, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5944, PG1398, for more information. On January 27th, 2022, and March of 24th, 2022, and February 23rd of 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has been abated as of March 28th, 2024. Fines have accrued at a rate of $100 per day for a period from August -- August 22nd, 2021, to March 28th, 2024, 950 days, for a March 28, 2024 Page 68 total fine amount of $95,000. Previously assessed operational costs of 59.21 have been paid. Operational costs for today's hearing, 59.98. Total amount: 59,000 -- I'm sorry -- $95,059.98. The gravity of the violation, non-health and safety. The action taken to violate -- to correct it: A permit was obtained for more -- for the shed, and it has been finaled. Any previous violations committed by the respondent was none. Any other relevant factors: None. BOARD MEMBER AYASUN: It has not been abated? MR. WILLIAMS: It has been abated. BOARD MEMBER CURLEY: It has been. Our sheet isn't updated. BOARD MEMBER AYASUN: Oh, it has been? BOARD MEMBER RUBENSTEIN: Has been? BOARD MEMBER AYASUN: Oh. MR. WILLIAMS: Has been. BOARD MEMBER AYASUN: Has been. BOARD MEMBER CURLEY: Our sheet says "not." BOARD MEMBER RUBENSTEIN: This says "has not." CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: So fines don't continue. BOARD MEMBER CURLEY: That's great news. CHAIRMAN KAUFMAN: I have a question, Doug. MR. WILLIAMS: Yep. CHAIRMAN KAUFMAN: This was water and electric into that space? MR. ARROYO: No. MR. WILLIAMS: No, it wasn't. It was just a shed in the back. CHAIRMAN KAUFMAN: Okay. So there was no electric in March 28, 2024 Page 69 the garage? BOARD MEMBER AYASUN: No, just a shed. BOARD MEMBER CURLEY: It's a 12-by-16-foot detached garage/shed. So it's still there? MR. ARROYO: Yep. BOARD MEMBER CURLEY: Congratulations. CHAIRMAN KAUFMAN: Okay. This is a three-year-old case. MR. ARROYO: Yeah. It started off false hope, hope and promises with Octavio. So, I mean, from there on, I decided to take it on, help my father out, and, like Doug said, pretty much finalized. The only thing that was holding me off was getting an engineer letter from Gene Carvioli (phonetic). That's who originally Octavio hired. So I had to end up going with Blair Foley. I got that engineer letter and, pretty much, the 100 footing inspection was the last of it. Called my final in Tuesday. Pretty much waiting for the portal to get updated, just paid off that 46 [sic] to get my CO. So that's the last of it. BOARD MEMBER FUENTES: Wow. CHAIRMAN KAUFMAN: Okay. So you -- BOARD MEMBER FUENTES: I mean, at this point -- CHAIRMAN KAUFMAN: What's his name? BOARD MEMBER CURLEY: Octavio. BOARD MEMBER FUENTES: We don't have to say it again. BOARD MEMBER CURLEY: Octavio. CHAIRMAN KAUFMAN: You can't say it enough. BOARD MEMBER FUENTES: Yeah. I guess I'll make a motion here to reduce the -- reduce the total imposition of fines to $300; however, you will also need to pay the additional operational costs for today of 59.98. BOARD MEMBER AYASUN: Second. March 28, 2024 Page 70 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It carries 6-1. MR. ARROYO: Thank you, guys. BOARD MEMBER CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Next case, No. 14, CESD20200009039, Kurt Clapper and Tricia Clapper. BOARD MEMBER CURLEY: This one says "has not," too; is that true? This one also says "has not." BOARD MEMBER BHATLA: It has been abated. Has been abated. BOARD MEMBER ELROD: Mine says "has been abated." CHAIRMAN KAUFMAN: That's what it says. MS. BUCHILLON: What? BOARD MEMBER BHATLA: Has been abated. BOARD MEMBER RUBENSTEIN: Unbelievable. BOARD MEMBER CURLEY: Sorry. I'm wrong. 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: Yes. MR. CLAPPER: Yes, I do. March 28, 2024 Page 71 CHAIRMAN KAUFMAN: Okay. Everybody sworn? Can you give us your name on the microphone, please? MR. CLAPPER: Kurt Clapper. CHAIRMAN KAUFMAN: And you want to read this into the record for us? MR. HOLMES: Sure. All right. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On September 23rd, 2021, 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, OR6027, Page 1219, for more information. On September 28th, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has been abated as of March 14th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 22nd, 2022, to March 14th, 2024, 783 days, for a total fine amount of $156,600. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.49. Total amount: $156,659.49. Gravity of the violation: This was not considered health or safety. Actions taken by the violator to correct: Obtained Permit No. PRBD20210840140, finaled on March 14th, 2024. Any previous violations committed by the respondent/violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir? March 28, 2024 Page 72 MR. CLAPPER: It's been a long process. CHAIRMAN KAUFMAN: Three years. MR. CLAPPER: Yeah. The contractor that built it didn't pull the permit, and I dealt with it after the fact. It's just been delay after delay with surveyors and getting through the county with what's needed, trying to fumble our way through the paperwork and everything that's needed. So every time I thought we were done with something, I found out I needed something else. So we finally got everything finalized and -- CHAIRMAN KAUFMAN: Who was the contractor? MR. CLAPPER: It was Carolina Carports. CHAIRMAN KAUFMAN: Are they still doing business in Collier County? MR. CLAPPER: I don't know. MR. HOLMES: I'm not sure. I haven't seen a permit from them in a while, but... MR. CLAPPER: I've heard they weren't, but I don't know. CHAIRMAN KAUFMAN: Well, that's obvious. BOARD MEMBER CURLEY: Well, congratulations again. MR. CLAPPER: Thank you. CHAIRMAN KAUFMAN: Okay. Any questions, comments, motions from the Board? BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: I'd like to deny the county the fine of 156,059.49 and reduce it to $1,500 plus today's costs of 59.49. CHAIRMAN KAUFMAN: I second that. Any other discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? March 28, 2024 Page 73 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you saved yourself a little bit of money today. MR. CLAPPER: Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I never saw a $150,000 shed in my life. MS. BUCHILLON: ***Next case, No. 16, CELU20220011318, Yohenis Martinez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. MARTINEZ: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic for us, please. MR. MARTINEZ: Yohenis Martinez. MR. SMITH: I'm Tracy Smith, interpreter. CHAIRMAN KAUFMAN: Everybody sworn. THE COURT REPORTER: I need to swear him as an interpreter. Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your March 28, 2024 Page 74 ability? MR. SMITH: I do. CHAIRMAN KAUFMAN: Do you want to read this into the record for us. MR. MARINOS: I certainly do. For the record, Investigator Charles Marinos, Collier County Code Enforcement. Past orders: On July 31st, 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, OR6293, Page 3000, for more information. On January 25th, 2024, 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 March 28th, 2024. Fines have accrued at a rate of $50 per day from the period of August 31st, 2023, to March 28th, 2024, 211 days, for a total fine amount of $10,550. Fines continue to accrue. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.63, for a total amount of $10,609.63. CHAIRMAN KAUFMAN: Okay. Sir? MR. SMITH: Good morning, panel. CHAIRMAN KAUFMAN: Good morning. MR. SMITH: We had a pleasant visit here the last time, and we got a lot of work completed. I think Chuck would say we have. His last visit, the only violation that we were aware of -- or unaware of at the time, we have a 20-foot boat on a registered trailer that did not have a tag. So that was the last little bit that needed to be completed, and I'll make sure that that gets done today. BOARD MEMBER RUBENSTEIN: I have a question. March 28, 2024 Page 75 MR. SMITH: Yes, sir. BOARD MEMBER RUBENSTEIN: I remember when you guys were here last time, and you had a boxful of license plates with you, correct? MR. SMITH: Correct. BOARD MEMBER RUBENSTEIN: And you said that you had plates for everything that was out there. MR. SMITH: Correct. BOARD MEMBER RUBENSTEIN: But now you're short? MR. SMITH: That one we have not been able to find. I will take him downstairs, we'll file for a lost plate, get a brand-new one, and put it on the trailer. BOARD MEMBER FUENTES: Sounds like a plan. MR. SMITH: I do have the registration to the trailer. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: I'm just wondering, if you're going to get this done today, if it might be a good idea for the county to pull this and bring it back next month, and that way we wouldn't have "a violation has not been abated," or we can handle it today. MR. SMITH: I'll make sure it's done today. I thought it was already done, but we did not find the plate. So it was partially my fault for not following through to make sure that that plate was on the trailer. I am just trying to help my friend get through this process, and it's been a lot. You know, I'm off of work, he's off of work, and we're losing a lot just trying to get through this process. BOARD MEMBER RUBENSTEIN: Was there anything else on the property that was a problem other than the boats and the vehicles? MR. MARINOS: So the last inspection, approximately three weeks ago, they'd removed all but two vessels. One is on a permitted licensed trailer, good to go, registered to Mr. Martinez. March 28, 2024 Page 76 The second boat did not belong to them at that point in time. I pointed out that was an issue. They removed that boat, brought in one of their other boats they've been working on elsewhere but did not realize they didn't have the plate on the trailer. So as of reinspection yesterday, that one vessel on the trailer missing its plate was the remaining issue for this case. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER CURLEY: Well, I have a question. BOARD MEMBER RUBENSTEIN: I thought Jeff was going to request to pull it. MR. LETOURNEAU: Well, we wouldn't be averse to a 30-day continuance at this point. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: That's fine. BOARD MEMBER CURLEY: Then they've got to come back and take a day off of work. MR. SMITH: I would really wish to not have to -- MR. LETOURNEAU: Well, I mean, if we pull it -- BOARD MEMBER FUENTES: If we pull it, he still has to come back. MR. LETOURNEAU: He still has to come back for imposition. BOARD MEMBER FUENTES: He's coming back regardless, unfortunately. MR. LETOURNEAU: Regardless, he's got to come back, no matter what. BOARD MEMBER CURLEY: Do we have any more cases? Can't he run down and get it now? MR. SMITH: Yes. I am going down there to get this satisfied today. Cannot -- March 28, 2024 Page 77 MR. LETOURNEAU: Yeah. There's, like, how many cases left, Helen? It's not going to be in time. MS. BUCHILLON: Two cases. BOARD MEMBER FUENTES: Yeah, it won't be in time. CHAIRMAN KAUFMAN: Okay. Well, I hate to bring you back, but there's a big difference between -- MR. LETOURNEAU: He's going to have to come back either way. CHAIRMAN KAUFMAN: Yeah. There's a big difference on our paperwork that says "has not been abated" versus "has been abated." MR. SMITH: Yes, sir, I understand. MR. MARTINEZ: I understand. MR. SMITH: I understand. BOARD MEMBER AYASUN: One more trip. MR. SMITH: Not a problem. CHAIRMAN KAUFMAN: So anybody want to make a motion to grant a 30-day continuance? BOARD MEMBER FUENTES: Yeah. I'll make a motion to grant a 30-day continuance. BOARD MEMBER ELROD: Second. BOARD MEMBER FUENTES: But today's operational costs of 59.63 do need to be paid within three business days. MR. SMITH: Most definitely. Most definitely. CHAIRMAN KAUFMAN: Okay. All those in favor? MR. SMITH: Thank you, folks. You've got a big job, and you do a great job at it. CHAIRMAN KAUFMAN: Well, thank you. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. March 28, 2024 Page 78 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Go get a license plate. CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next case, No. 17, CESD20210002415, Melva Padilla and Nazaria Angelica Nunez. BOARD MEMBER RUBENSTEIN: Oh, my goodness. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. PADILLA: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. Pull it down more. MS. PADILLA: Melva Padilla. CHAIRMAN KAUFMAN: Okay. And everybody's been sworn. THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Do you want to read the case into the record for us, please? MR. HOLMES: Sure. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On March 24th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The March 28, 2024 Page 79 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6167, Page 3107, for more information. On August 25th, 2022, and November 18th, 2022, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has not been abated as of March 28th, 2024. Fines and costs to date are as follows: Part 1: Fines have accrued at a rate of $200 per day for the period from March 28th, 2022, to April 4th, 2022, eight days, for a total fine amount of $1,600. Part 2: Fines have accrued at a rate of $150 per day for the period from May 24th, 2022, to March 28th, 2024, 675 days, for a total fine amount of $101,250. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.77. Total fine amount: $102,909.77. CHAIRMAN KAUFMAN: Okay. Do you want to give us a quickie summary on this? This has been going on a while. The difference between Part 1 and Part 2? MR. HOLMES: This was in reference to a converted garage. So our Part 1 was the usual cease occupancy, turn off electric. CHAIRMAN KAUFMAN: Okay. Has that been done? MR. HOLMES: Yes. That was done within eight days. CHAIRMAN KAUFMAN: Okay. That's good. Okay. Your turn. MS. PADILLA: What I say? What I say? I don't know. CHAIRMAN KAUFMAN: It's been two years to get this done. Why is it taking so long? MS. PADILLA: Okay. When -- two years ago, I supposed to come back here with you in January. Later is the (unintelligible) March 28, 2024 Page 80 coming, and everything in the -- in the permission and everything was all busy. Mr. Renald -- Renald -- Renald, the guy, wasn't over there. They put in another office, and I can contact him. And I have problems with my ex-husband because I need pick up from Chile to here, have cirrhosis. We go to Tampa, back and forth, and for transplant, waiting. The transplant was last month when I supposed to come here, because they -- somebody called here and extended the day, because it's the same time. And when I have the time, I go over there, and the lady send somebody for inspection. They send somebody for inspection, the guy say it's okay, but the other guy just say no. And the guy say I need put, in the roof to the garage -- what they call for? Like the bubble, something coming -- insulation, okay. They supposed to put the insulation. The insulation is there. But when they saw the split, they say you need something for electrical. I call the guy, make the paper where to put the split. Later that paper is not good. It's supposed -- somebody make it a calculation, electrical calculation. This guy -- I was in the office two times, and the -- okay -- two days ago, and somebody help me over there and found it in the Google somebody and call in the moment, you know, and he say, send me the pictures of the paper. But the plans is a lot. I don't know what kind the photos I need send. And I text the guy and I say, I go to your office. And he doesn't have an office at the house, working over there. And I bring the plans yesterday in the morning. And he read and do do the calculation, give them the papers, bring to the office, and I do the application again, you know, for revision. This is the past, all this time, sir. I'm so sorry. CHAIRMAN KAUFMAN: So you have a permit? March 28, 2024 Page 81 MS. PADILLA: Uh-huh. CHAIRMAN KAUFMAN: And you have failed one or more of the inspections? MS. PADILLA: Yes. CHAIRMAN KAUFMAN: So they haven't given you a CO? MS. PADILLA: What? CHAIRMAN KAUFMAN: A CO is "all done with the permits." The permits have all been approved, and they call that a CO, certificate of occupancy. In other words, it's ready to be whatever it's going to be. MS. PADILLA: Okay. CHAIRMAN KAUFMAN: Whether it's a house, a garage, or whatever. MS. PADILLA: Okay. Okay. CHAIRMAN KAUFMAN: Okay. So -- MS. PADILLA: All I need today is you give me the extension for this review, you know. CHAIRMAN KAUFMAN: I don't understand that part. BOARD MEMBER CURLEY: She asked for an extension. MR. HOLMES: I may be able to clarify -- MS. PADILLA: Can you explain, please? MR. HOLMES: I may be able to clarify what she's exactly referring to. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: So due to the failed inspections, primarily due to the observance of an unpermitted -- or unidentified mini split that she had installed to correct one of the issues which was -- previously she had duct -- just added ductwork to funnel A/C into the garage. That's not kosher, so she was told a mini split would be a better option, obtained it but didn't revise the permit. So she has since submitted the revisions and needs those -- you March 28, 2024 Page 82 know, needs time for those to be reviewed and approved, and then she can call in inspections. She believes she's close to the finish line but just needs that revision to be approved and then be able to call on the inspections from there. CHAIRMAN KAUFMAN: Okay. The state that we're at right now is we have a violation that we can only do two things. We can give her more time to get her finals on the inspections and the update on the building permit, or we can impose the fine. Either way, it's going to have to run its course. So having said that, I mean, there's no abating a fine because it's not in compliance right now, so... BOARD MEMBER AYASUN: How long a time does she need? BOARD MEMBER BHATLA: Sixty days. CHAIRMAN KAUFMAN: Bradley, do you have any idea on -- this has already been submitted, the revision? MR. HOLMES: The revision was submitted yesterday. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: They finally got everything put together to submit for the revision. So I would anticipate 30 days for the revision alone to be reviewed and approved, tentatively speaking. CHAIRMAN KAUFMAN: And then the actual work to do it? MR. HOLMES: And then everything else that falls out from there, if they identify any issues. I'm not sure if they'll identify anything. But if everything goes smoothly, 60 to 90 days is probably what I would estimate it at. CHAIRMAN KAUFMAN: Okay. Bart? BOARD MEMBER BHATLA: I'd move 90 days. CHAIRMAN KAUFMAN: Okay. You're making a motion to grant a 90-day -- BOARD MEMBER BHATLA: Ninety days, continuance. March 28, 2024 Page 83 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion. And do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. BOARD MEMBER RUBENSTEIN: I have a question -- CHAIRMAN KAUFMAN: Okay. Question. BOARD MEMBER RUBENSTEIN: -- before we vote. Is the property -- are you fixing this property up, the garage, to make it a living space? MS. PADILLA: No. This is beginning because -- for the doggy. The doggy die now. And my daughter have a doggy for my little boy -- my grandchild. I take care of him -- is allergic. This is when I put the air condition for the garage, and I put the space for the doggy, you know. And this is beginning because the neighbor called somebody and report me. And this is the long-time beginning. CHAIRMAN KAUFMAN: So you have an expensive doghouse. MS. PADILLA: Please. And he died maybe four months ago, and -- BOARD MEMBER AYASUN: He died. BOARD MEMBER BHATLA: She loves her dog. CHAIRMAN KAUFMAN: Okay. I guess so. Does that answer your question? BOARD MEMBER RUBENSTEIN: Yes. It's clarified quite clearly. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. March 28, 2024 Page 84 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Ops costs? CHAIRMAN KAUFMAN: And the ops costs -- MR. LETOURNEAU: For today. CHAIRMAN KAUFMAN: -- of 59.28 should be paid within -- MS. BUCHILLON: 59.77. CHAIRMAN KAUFMAN: -- within 30 days. MR. LETOURNEAU: Thank you. MS. PADILLA: Thank you. Thank you, everybody. Sorry for the understand [sic]. BOARD MEMBER ELROD: We'll see you in three months. MS. PADILLA: Yeah. CHAIRMAN KAUFMAN: Helen, are we getting towards the end? MS. BUCHILLON: Yeah, our last case. We're still under imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Number 11, CEROW20230002007, Santiago Zavala, Jr., and Santiago Zavala. And for the record, respondents were notified regular and certified mail on March 5th, 2024, and it was also posted at the property and courthouse March 6th, 2024. CHAIRMAN KAUFMAN: Let the record reflect that the respondents are not present. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing March 28, 2024 Page 85 but the truth? MR. HOLMES: I do. CHAIRMAN KAUFMAN: Okay, Bradley. Do you want to read this into the record for us, please. MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On November 17th, 2023, the Code Enforcement Board issued a findings 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, OR6311, Page 1463, for more information. The violation has not been abated as of March 28th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate $75 per day for the period from February 16th, 2024, to March 28th, 2024, 42 days, for a total fine amount of $3,150. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing: $59.35. Total amount: $3,268.63. CHAIRMAN KAUFMAN: Have you been in contact with them? MR. HOLMES: I was checking back into the case. It doesn't look like there's been a whole lot of successful contact. Two recent contacts on March 22nd leaded to a voicemail being left, and then I tried once again this morning and was sent to voicemail. So no contact. CHAIRMAN KAUFMAN: And the previous operational costs have not been paid as well? MR. HOLMES: That's correct. BOARD MEMBER FUENTES: Well, there's only one thing to do now. March 28, 2024 Page 86 CHAIRMAN KAUFMAN: That's right. Do you want to make a motion, John? BOARD MEMBER FUENTES: Make a motion to impose the fines and that today's operational costs and prior costs still need to be paid. CHAIRMAN KAUFMAN: And the amounts are 59.28 and 59.35 respectively. MR. NOELL: And then as part of that motion, that notice was properly provided? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER FUENTES: Basically, yeah. We -- make a motion to impose the fines and that today's operational costs of 59.35 still need to be paid. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Next on the agenda? Election of officers or whatever? MS. BUCHILLON: Yes. BOARD MEMBER ELROD: ***I'll make a motion to make Mr. Kaufman be chair again. BOARD MEMBER AYASUN: Second. March 28, 2024 Page 87 CHAIRMAN KAUFMAN: Okay. Do we have any other -- hearing none, 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: I've been elected unanimously. How about Vice Chair? BOARD MEMBER CURLEY: I'll make a motion for my neighbor, John, here to repeat his position. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any others? (No response.) 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Congratulations, John. March 28, 2024 Page 88 BOARD MEMBER FUENTES: Congratulations. You've got another year. BOARD MEMBER CURLEY: Zero competition. Call for a revote. MS. BUCHILLON: Do you want to consent the agenda [sic] to request forward cases to the county -- well, we don't have any. CHAIRMAN KAUFMAN: Okay. Well, then we won't have to do anything. MS. BUCHILLON: Sorry. We don't. CHAIRMAN KAUFMAN: So are we done? MS. BUCHILLON: (Nods head.) CHAIRMAN KAUFMAN: Make a motion -- nah. We're adjourned. Not debatable. Thank you, Terri. ******* CODE ENFORCEMENT BOARD RT FMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on aitot ,ASi a,Y, 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.