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CEB Minutes 04/25/2024April 25,2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida April 25, 2024 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Sue Curley (Excused) Kathleen Elrod (Excused) Kevin Johnson, Alternate (Excused) James York, Alternate (Unexcused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board April 25,2024 Page 2 CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board to order. Notice: That the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure 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. At this time, it's a good time to turn off your cell phones if you haven't already, and let's all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay, Helen, do you want to start out with the roll call? MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? April 25,2024 Page 3 BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And Ms. Kathleen Elrod is excused, Ms. Sue Curley is excused, Mr. Kevin Johnson is excused, and Mr. James York is not excused. CHAIRMAN KAUFMAN: Okay. I received the minutes yesterday. I have no questions. Does anybody on the Board have any questions on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, I'll take a motion to approve the minutes. BOARD MEMBER BHATLA: I'd make a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to my favorite part of the meeting, the agenda. MS. BUCHILLON: The agenda. We have some changes. We have some stipulations. First under public hearings, D, No. 1, CESD20230000261, Cosme D. and Maria I. Alvarez. Stipulation No. 2, CENA20230007721, 94 IOST Trust. Number 5, CESD20230011116, Guanyu Trust Hui Chun Biannu Zhong Spieth. Number 10, CESD20240000449, Monise Etienne. April 25,2024 Page 4 Number 11, CEROW20230010341, Ronald Reutter and Laura J. Reutter. And now we have some withdrawns. Under public hearings, D, hearings, No. 9, CESD20230007243, Nathalie Goletiani and Ludmia Goletiani, has been withdrawn. Now, under old business, motion for imposition of fines and liens, No. 1, CESD20220006947, Emanuel Pipitone and Valentina Pipitone, has been withdrawn. Number 14, CESD20220010928, Gene Nailon and Maylin Nailon, has been withdrawn. Number 15, CELU20210003385, Fash Properties, LLC, has been withdrawn. Number 16, CELU20220010924, Fash Properties, LLC. And, No. 10, CENA20220007701, Titus Enterprises, LLC, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to approve the modified agenda? BOARD MEMBER BHATLA: I make a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And I do need to correct on two investigators names. We had scrivener's errors under last names. April 25,2024 Page 5 Under hearings for No. 4, it should be Maria Rodriguez instead of Martinez, and the other one is under imposition of fines, No. 17, Raul Mendez instead of Martinez. CHAIRMAN KAUFMAN: Okay. I don't think we have to vote on scrivener's errors, unless you'd like us to. MR. NOELL: Not for the agenda. CHAIRMAN KAUFMAN: Okay. We have one order that has to be done because someone has to catch a plane; is that correct? MS. BUCHILLON: Yes, sir. It would be under imposition of fines. Do you want to go ahead and start with that? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. Under imposition of fines, Case No. 3, CEVR20210009573, Peter Grant Pohlmann, Jr., and Vania Pohlmann. 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. POHLMANN: I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: We have a lot of paper to shuffle. MR. MIGAL: All righty. CHAIRMAN KAUFMAN: Do you want to read the case into the record for us? MR. MIGAL: Yes, sir. Past orders: On April -- CHAIRMAN KAUFMAN: Start out by identifying yourself. MR. MIGAL: I'm sorry about that. Good morning. Rick Migal, Code Enforcement. Past orders: On April 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and April 25,2024 Page 6 ordered to correct the violation. See the attached order of the Board, Order 6130, Page 2933, for more information. On January 26th, 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 4th, 2024. Fines have accrued at a rate of $50 per day for the period from November 25th, 2022, to March 4th, 2024, 466 days, for a total fine of $23,300. Previously assessed operational costs of $59.35 have been paid, operational costs for today's hearing are 59.42, and the total amount due is 23,359.42. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. POHLMANN: Yes, Peter Pohlmann. CHAIRMAN KAUFMAN: Okay. And you are? MR. POHLMANN: I'm the owner. CHAIRMAN KAUFMAN: Owner of the property. MR. POHLMANN: Along with my wife. CHAIRMAN KAUFMAN: So you're here to request something? MR. POHLMANN: Yes, some leniency on the fines. It's been a long process. I've been really appreciative to Mr. Rick over there. And I bought a house, an existing house next to the lot, and I just didn't know I was doing anything wrong. What I wanted to do -- the vacant lot had never been improved, so it was 30 inches too low anyway, and what I wanted to do is lift -- you know, bring a bunch of fill in and make a nice yard until we have future plans for the place. And the HOA was the first one that said, "Hey, you can't do that," and then Code Enforcement came shortly after. So I was April 25,2024 Page 7 begging for forgiveness. Unfortunately, they told me to stop. So I was bringing fill in. And I live in the same community for the last 10 years, so we were trying to move to this new location, so I wanted to make everything look nice. Until that happened, I planted grass, and I wanted everything to look okay until this got rectified. But I did plans to build a new home there. And so I hurried up and started with the plans with the architect, and I had all the plans drawn up, a full set for permitting. And then the hurricane happened, and I have some property in downtown Fort Myers that I needed to use funds elsewhere to fix that all up. So plans changed, and so then I had to go to the replanting stage, and I didn't know it was just not as easy just to replant trees. You had to get a plan that was approved, which makes sense, and that process took quite a long time. I had been diligent the whole time, even copying Rick on some of the e-mails, but some of the companies that we used that create a plan, it took a long time. But once that was submitted -- or once that was approved, I submitted it. I executed and installed the trees, had a landscaping company do it. It looks really nice. And I'm just asking for some leniency here because I feel like I had the right intentions. I just didn't go about it the right way, and if I would have, there wouldn't have been any problem, so... CHAIRMAN KAUFMAN: Okay. Any comments, questions, or motions from the Board? BOARD MEMBER AYASUN: What would you think leniency would be, in your mind? MR. POHLMANN: You know, zero is a great number, but I've -- I've occupied a lot of your time, but at the same time my costs have been significant mainly due to the architects for the plans that I April 25,2024 Page 8 can use and the irrigation lines that I planned to, you know, irrigate the grass that's going to eventually be torn up. So I think I've shown goodwill on my end, but I can appreciate that you're making time and also really helping me this morning on moving the agenda so I can -- BOARD MEMBER FUENTES: Sure. I'll go ahead, and I'll make a motion here. I'll make a motion that we reduce the county's fines to $800 to be paid within 30 days, and I also would need the operational costs of $59.42 to be paid as well within 30 days. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. POHLMANN: I appreciate you all. Thank you. CHAIRMAN KAUFMAN: Don't speed catching your plane. Which brings us to... MS. BUCHILLON: The first stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1, CESD20230000261, Cosme D. and Maria I. Alvarez. 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? April 25,2024 Page 9 MR. ALVAREZ: Yes. CHAIRMAN KAUFMAN: Could you both state your name on the microphone. MS. ALVAREZ: Maria Alvarez. MR. ALVAREZ: Andy Alvarez. CHAIRMAN KAUFMAN: Okay. You're going to be translating? MR. ALVAREZ: For her, yeah. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Okay. Hold on. I need to swear them in. I just swore him in. Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. MS. ALVAREZ: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read the order into the record for us, Marie [sic]? MS. PEREZ: Yes, sir. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. I met with Ms. Alvarez and her son this morning to discuss the stipulation agreement which goes as follows: 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; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted structures in the rear yard within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 April 25,2024 Page 10 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand the stipulation that you signed? MR. ALVAREZ: Yes, we do. CHAIRMAN KAUFMAN: And you translated it? MR. ALVAREZ: Yes. CHAIRMAN KAUFMAN: Any motions or comments from the -- do you think 120 days is sufficient time to get it done? MR. ALVAREZ: That should be sufficient time, yes. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: Motion to accept the stipulation. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. April 25,2024 Page 11 MS. PEREZ: Thank you, Board Members. MR. ALVAREZ: Thank you, guys. MS. ALVAREZ: Thank you. CHAIRMAN KAUFMAN: Which stip is next? MS. BUCHILLON: Number 2. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: CENA20230007721, 94 IOST Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. SHUMOV: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us, please. MR. SHUMOV: Albert Shumov. CHAIRMAN KAUFMAN: Jason, you want to read the stipulation into the record for us? MR. PACKARD: Yes, sir. For the record, Jason Packard, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store desired items in a completely enclosed structure within 14 days of this hearing, or a fine of $100 will be imposed for each day the violation remains; 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; April 25,2024 Page 12 Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand the stipulation that you've agreed to? MR. SHUMOV: Yes. CHAIRMAN KAUFMAN: Any problem getting it done in 14 days? MR. SHUMOV: No. CHAIRMAN KAUFMAN: Anybody want to make a motion from the Board? BOARD MEMBER RUBENSTEIN: So moved. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: You moved the stipulation as written? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. And it's seconded. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. SHUMOV: Thank you. MR. PACKARD: Thank you. April 25,2024 Page 13 MS. BUCHILLON: We need to amend the agenda. We have another stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: It would be for No. 8, CESD20220004520, Wilson Luna and Edna Duque. CHAIRMAN KAUFMAN: Helen, this was on the agenda as an -- MS. BUCHILLON: A regular hearing, No. 8. CHAIRMAN KAUFMAN: Oh, okay. Does this have anything to do with rental, multiple structures on the lot, or am I reading the wrong place? MS. BUCHILLON: It's a shed under construction. You don't have a copy of it. I just got that. CHAIRMAN KAUFMAN: Oh, okay. BOARD MEMBER BHATLA: A shed under construction. CHAIRMAN KAUFMAN: Okay. So the 8 that I have here is a different 8? MS. BUCHILLON: No. That's an executive summary. That's for the imposition of fines. CHAIRMAN KAUFMAN: Yes, okay. MS. BUCHILLON: I just got this one right now while they were out doing the other one. CHAIRMAN KAUFMAN: Okay. So you'll put it up on the screen, and we'll read it into the record. Is the respondent present? MS. BUCHILLON: Just to amend the agenda, that you're approving it. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I believe we're still at 5, right? MS. BUCHILLON: Yeah, that would be next. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to modify the agenda. April 25,2024 Page 14 BOARD MEMBER FUENTES: Motion to modify the agenda. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you want to hear that case now, or do you want to -- MS. BUCHILLON: No, we're going to do No. 5, and then No. 8 goes right after it. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 5, CESD20230011116, Guanyu Trust Hui Chun Biannu Zhong Spieth. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. ZHONG: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. You can move the mic down. MR. ZHONG: My name is Hui Zhong. CHAIRMAN KAUFMAN: And you are the -- MR. ZHONG: Owner/manager. CHAIRMAN KAUFMAN: Owner of the property. Okay. Tom, do you want to read the stipulation into the record for us? MR. PITURA: Good morning. For the record, Thomas Pitura, April 25,2024 Page 15 Collier County Code Enforcement. Therefore, it is agreed between the parties that respondent shall: One, pay operational costs in the amount of $59.28 incurred in this prosecution within 30 days of this hearing; Two, abate all violations by obtaining all required county building permits, demolition permit, inspections for the unpermitted roof in need of repair, and/or remove said structure improvements, including materials from the property within 120 days of this hearing, or a fine of $250 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 that the investigator perform a site inspection to confirm -- to -- I'm sorry -- compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand the stipulation? MR. ZHONG: Yes, I understand. CHAIRMAN KAUFMAN: No problem getting the roof repaired? MR. ZHONG: I think so. CHAIRMAN KAUFMAN: In that time frame, 120 days, four months? MR. ZHONG: Yeah. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion from the Board? BOARD MEMBER FUENTES: Make a motion to accept the stipulation. CHAIRMAN KAUFMAN: Okay. We have a motion. April 25,2024 Page 16 BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. PITURA: Thank you. MS. BUCHILLON: Next stipulation, No. 8, CESD2022004520, Wilson Luna and Edna Duque. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. LUNA: Yep. BOARD MEMBER RUBENSTEIN: I don't have that one, Chair. MR. OWEN: I just got that one, sir. CHAIRMAN KAUFMAN: Is that a -- MS. BUCHILLON: Yeah. You don't have a copy of that one. That's the one we just received. CHAIRMAN KAUFMAN: Okay. All righty. Good morning. MR. LUNA: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. April 25,2024 Page 17 MR. LUNA: Wilson Luna. CHAIRMAN KAUFMAN: Okay. And would you like to read the stipulation into the record for us, sir? MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, obtain all required Collier County building permits or demolition permits and inspections and certificate of completion/occupancy for the shed within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify -- notify Code Enforcement within 24 hours of abatement of the violation and request the inspector/investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, you agreed to all that? MR. LUNA: Yes, sir. CHAIRMAN KAUFMAN: Okay. No problem. MR. LUNA: No problem. I will do. CHAIRMAN KAUFMAN: Get a motion from the Board? BOARD MEMBER FUENTES: Motion to accept the stipulation. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. April 25,2024 Page 18 All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. OWEN: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. MR. LUNA: Thank you. MS. BUCHILLON: Next stipulation, No. 10, CESD20240000449, Monise Etienne. 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. ALCANTAR: Yes. CHAIRMAN KAUFMAN: Ma'am, could you state your name on the microphone for us. You can move it up. MS. ALCANTAR: Good morning. My name is Maria Alcantar, representing Monise Etienne. CHAIRMAN KAUFMAN: Okay. Have you -- you have paperwork submitted to -- MS. ALCANTAR: Yes. Yes, we do. MR. OWEN: Right here, Your Honor. CHAIRMAN KAUFMAN: That's good. Would you like to read the order into the record for us, please. MR. OWEN: Therefore, it is agreed between the parties that April 25,2024 Page 19 the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits, demolition permits, inspections, and certificates of completion/occupancy for the rear addition within 180 days of this hearing, or a fine of $200 a day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you understand? MS. ALCANTAR: Yes. Yes, we do. CHAIRMAN KAUFMAN: So you have six months, more or less, to get it to the CO. MS. ALCANTAR: Correct. However, I would like to point out that it is a very, very expensive put-back-together project, and there are other issues involved, architecture, including the Health Department, and it's very expensive, and it's a large family. They have to figure out where everybody's going to be placed once we get moving with this. So I -- at this time, we're looking at 180 days but possibly looking to extend that request in the future. CHAIRMAN KAUFMAN: I suggest that if you're, down the road, getting close to the 180 days, prior to it expiring, that you come back, contact Code Enforcement and go from there. I like to tell people that when you build a house, you probably need some wood April 25,2024 Page 20 and you need concrete -- MS. ALCANTAR: Correct. CHAIRMAN KAUFMAN: -- but you really need a permit -- MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: -- even more than those two. MS. ALCANTAR: Oh, yes, absolutely. CHAIRMAN KAUFMAN: Okay. MS. ALCANTAR: I know. CHAIRMAN KAUFMAN: Get a motion from the Board to accept? BOARD MEMBER AYASUN: So moved. BOARD MEMBER BHATLA: I have a question. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: Is there any issue with the electrical, any kind of safety issue? MR. OWEN: Issue with the electricals, your question, sir? BOARD MEMBER BHATLA: Yep. MR. OWEN: There is electrical in there, there's plumbing in there, there will be HVAC. So it was an addition made onto the house without a proper permit. Contractor License verified it was no contractor involvement, so we're here now with enforcing the provisions of the need for the permit. BOARD MEMBER BHATLA: So the electrical, it will stay? CHAIRMAN KAUFMAN: Has the electrical in that part of the house been turned off? BOARD MEMBER BHATLA: Yeah. MR. OWEN: Sir, I'm not 100 percent if it is or isn't. CHAIRMAN KAUFMAN: Okay. We'll ask the respondent. MS. ALCANTAR: No. There are -- it's a family living there, so I don't think we would want the electrical turned off. CHAIRMAN KAUFMAN: In that section that is unpermitted? April 25,2024 Page 21 MS. ALCANTAR: No, sir, it has not. We are working with the engineer. I have engineering plans that are being worked on as well as engineering letters. We have a new survey that has been conducted. We have been sending the proper contracted individuals to assess the work that was prior done without permits. We are working on getting everything situated that had to be taken care of before the permit. CHAIRMAN KAUFMAN: I understand. Without getting into the -- you know, the nuts and bolts. Jeff, do you have a comment on this? MR. LETOURNEAU: Did you -- for the record, Jeff Letoureau, Collier County Code Enforcement. Did you say you have people living in this? MS. ALCANTAR: Yes. It's a single-family home. MR. LETOURNEAU: But they're actually occupying the unpermitted part of the property? MS. ALCANTAR: One part of the unpermitted, correct. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: That's a problem. MR. LETOURNEAU: Yeah, I think that we want to maybe go to our standard remove the people out of the unpermitted part and shut the electricity off until the permit is CO'ed. BOARD MEMBER FUENTES: So we can't accept the stipulation at this time. CHAIRMAN KAUFMAN: That's correct. MR. LETOURNEAU: We're going to have to rework that stipulation, I believe. MS. ALCANTAR: Can I? May I? MR. LETOURNEAU: Yeah, sure. MS. ALCANTAR: The part that the family is living out of, it's the garage that has been converted. April 25,2024 Page 22 MR. LETOURNEAU: That's the unpermitted part? MS. ALCANTAR: Correct. MR. LETOURNEAU: Is that a separate family from the owners? MS. ALCANTAR: No, it's a -- MR. LETOURNEAU: Okay. MS. ALCANTAR: It's one entire family. MR. LETOURNEAU: All right. MS. ALCANTAR: It would cost a great deal of misplacing. There are already a lot of other issues within the home. If I -- if I recall correctly, how many -- do we know how many -- well, there are other rooms that have been divided, I would say, where the family, you know, found the way to accommodate themselves, so the garage was part of this accommodation. Is there anything that I can do for the family or that we can do to show you somehow that there are no electrical, you know, issues? I mean, we have the architect that's working on this. We have everyone pretty much lined up. They have been living in the home for quite a while now, over a decade. It would be very -- they're already working so hard to get all this back together. It's costing them thousands and thousands. MR. LETOURNEAU: When you say "they've been living in there for a decade," that includes the garage conversion part? MS. ALCANTAR: I can't answer that. I don't know. I just took on this to assist them. I mean, I can get that answer for you, but I would need some time. MR. LETOURNEAU: You have to look at the county's position, though. If, you know, God forbid, something happened in that garage due to the unpermitted electric, and there was injuries -- MS. ALCANTAR: Correct. No, I understand. MR. LETOURNEAU: -- the county would be responsible for April 25,2024 Page 23 not, you know, enforcing that electric to be turned off at this time. I could ask Tom here. I think that maybe if you got an engineer or an architect to sign off that the electric was up to standard at this point -- we've never done that before, though, so I'm not sure what direction we want to go on this. MR. IANDIMARINO: Tom Iandimarino, for the record, Code Enforcement director. I think the simple part of this is if the garage was already permitted having electricity in the garage and that electricity in the garage was already there when they built the home, that's a simple answer, but we don't know if that's the case or if they added additional electricity in the garage. I know there's some additional electric that may have been added to the back of the home where they were building onto the back of the home. MS. ALCANTAR: For the storage, correct. MR. IANDIMARINO: Right. And they're not living in there. MS. ALCANTAR: There's nobody, no. No one. MR. IANDIMARINO: There's electricity in that area, and they're not residing in there, correct? MS. ALCANTAR: Correct. MR. IANDIMARINO: Okay. I think, Mr. Chairman, the question that I would ask is, is the -- is the electricity in the garage originally permitted, or has there been additional electricity added to it? CHAIRMAN KAUFMAN: I think somebody from the county needs to go out there and verify what Jeff mentioned, that it's safe at this time. If it's safe, then we can approve a stipulation. If it's not, then we have to go to Plan B, whatever that is. MR. LETOURNEAU: Yeah. I don't really know if it's the county's responsibility to verify the electric is okay at this time. I would much rather have them have an independent engineer -- April 25,2024 Page 24 CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- or an architect verify that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I have a question. MR. HOLMES: If I may? CHAIRMAN KAUFMAN: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. For the record, Bradley Holmes Collier County Code Enforcement. So understanding -- just to steer the ship back in the direction of what was cited, they were cited in this case for an addition on the rear part of the home. This converted garage and other descriptors we had not observed, so they were never cited for that. BOARD MEMBER FUENTES: Oh, so it's not even on the case here, then. MR. HOLMES: Those items that she's talking about -- BOARD MEMBER FUENTES: It's not relevant to this case. MR. HOLMES: -- not relevant to what we cited. We cited for an unpermitted rear addition. Now, the rear addition -- MS. ALCANTAR: Never mind. Can we all just forget about it? BOARD MEMBER FUENTES: Sometimes less is more. MS. ALCANTAR: Listen, I'm here to help someone that needs help. So as you can see, we're very honest. We're very open. We want to be transparent because we want to also relay the correct information to all those residents in Collier County that have a language barrier. So with that said -- CHAIRMAN KAUFMAN: Let's keep the speeches -- let's April 25,2024 Page 25 keep the speeches to a minimum. Jeff. MR. LETOURNEAU: All right. Back to the addition you're talking about, Brad. The electric in that -- MR. HOLMES: This -- and I think everybody would probably be on board with this plan. If we can reach -- amend the stipulation, have it re-signed to include the ceasing of occupancy as well as the disconnect of electricity to the addition, we'll do that in the hall. If not, we'll -- we would like to present it as a regular hearing item to which we'll have on the recommendation, and then we can go from there. CHAIRMAN KAUFMAN: Perfect. MS. ALCANTAR: So can someone repeat that? What are we doing, again? MR. HOLMES: We're going to go out to the hall, and we're going to discuss the stipulation. MS. ALCANTAR: Okay. All over again? MR. HOLMES: Yes, ma'am. MS. ALCANTAR: So scratch this one. We're starting from -- MR. HOLMES: Correct. If we can't reach an agreement, we'll hear the case as a regular item without a stipulation. MS. ALCANTAR: Okay. All right. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Do you have a general contractor working on this project, a licensed contractor? MS. ALCANTAR: Well, we're working on that. Right now we're at the engineering -- BOARD MEMBER RUBENSTEIN: No. Do you have a licensed contractor? MS. ALCANTAR: That did the work already? April 25,2024 Page 26 BOARD MEMBER RUBENSTEIN: No, now, that's handling -- MS. ALCANTAR: Now? BOARD MEMBER RUBENSTEIN: Now that's handling the problem. MS. ALCANTAR: We haven't hired one yet because we're not there yet. In other words, it's already been converted. The back has already been added without permits, and who knows who did it. I don't know. Someone obviously not licensed. So first we have to work a step at a time. CHAIRMAN KAUFMAN: Let me rephrase what Lee has said. The work that needs to be done to get this into compliance -- MS. ALCANTAR: Correct. CHAIRMAN KAUFMAN: -- is it going to be done by owner/builder, or is it going to be done by a licensed contractor? MS. ALCANTAR: Owner/builder hiring -- or owner/builder, correct. Owner/builder, yes. CHAIRMAN KAUFMAN: Okay. For the record. Okay. So you may want to mention that in the stipulation that you're doing, because a permit is generally pulled by a licensed contractor. People can pull it themselves, but I don't -- I'm not sure of the ramifications of the electrical on that. It still has to be inspected by the county. MR. LETOURNEAU: Well, on that particular section that we've cited, the back part, there's electric in there. Are people living in there? MS. ALCANTAR: No. MR. LETOURNEAU: So that would be easier to turn the electric off on that part of the house and verify to Brian that there's nobody occupying it? MS. ALCANTAR: I'm not an electrical licensed contractor. April 25,2024 Page 27 So I would -- we would have to hire someone so that they can look at the breaker. MR. LETOURNEAU: Well, I'm hoping -- yeah, I'm hoping that there's a fuse that you guys can remove or whatever. MS. ALCANTAR: Correct. I'm sure. I would hope so, right? MR. LETOURNEAU: Yeah. That's going to be part of the stipulation at this time. MS. ALCANTAR: Okay, okay, perfect. CHAIRMAN KAUFMAN: Okay. So you guys can go out to the hall and do your magic. MS. ALCANTAR: Yes. Okay. Will do. Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next stipulation, No. 11, CEROW20230010341, Ronald and Laura J. Reutter. MS. REUTTER: Hello. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MS. REUTTER: I do. CHAIRMAN KAUFMAN: Ma'am, could you state your name on the microphone for us, please. MS. REUTTER: Sure. Laura Reutter. CHAIRMAN KAUFMAN: Okay. Tom, you want to read the stipulation into the record for us? MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties the respondent shall: April 25,2024 Page 28 One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits, demolition permits, inspections for the unpermitted driveway and/or remove said structure or improvements, including materials from the property within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Ma'am, any problems with this? MS. REUTTER: No. I would like to ask for a little bit of an extension, though, because we are putting in a completely new driveway and culverts. CHAIRMAN KAUFMAN: What we have is a stipulation. MS. REUTTER: Okay. Okay. I'm sorry. CHAIRMAN KAUFMAN: It has to be this, or you can negotiate. MS. REUTTER: Okay. That's fine. CHAIRMAN KAUFMAN: But if you're down the road someplace and you need to change it, contact Tom, and I'm sure you can work out your differences. MS. REUTTER: Okay. CHAIRMAN KAUFMAN: Jeff. MR. LETOURNEAU: For the record, Jeff Letoureau, Collier April 25,2024 Page 29 County Code Enforcement. Tom, was there a reason we don't have following through with the certificate of completion/occupancy on this particular stipulation? MR. PITURA: No particular reason other than it's a driveway. MR. LETOURNEAU: Okay. We're going to have to -- we're going to have to amend this stipulation anyway. So, ma'am, how much more time are you looking above 60 days? MS. REUTTER: Well, we do have a signed contract, and we're putting in a completely new driveway and culverts and everything. And he said it's going to take eight to 10 weeks before they can actually do it. MR. LETOURNEAU: Okay. Tom, I'm okay with 90 days at this point, as long as we get that verbiage about the certificate of completion/occupancy in there. MR. PITURA: That's fine. MR. LETOURNEAU: Okay. So you're going to have to redo this stipulation. I'm sorry, ma'am, but you're going to get 30 more days. MS. REUTTER: Okay. MR. LETOURNEAU: All right. Thanks. CHAIRMAN KAUFMAN: Okay. So you're going to go visit the hallway also? MS. BUCHILLON: Yep. MR. LETOURNEAU: Yeah. They're going to go out and renegotiate this. CHAIRMAN KAUFMAN: It's getting crowded out there. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Okay, Tom. MS. REUTTER: Thank you. CHAIRMAN KAUFMAN: We'll see you shortly. April 25,2024 Page 30 Okay, Helen, where are we? MS. BUCHILLON: Next we're going to go to old business, motion for imposition of fines and liens. We have three attorneys here. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And first case is going to be No. 8 -- I mean -- No. 9, I'm sorry, CESD20220011248, PLN Properties, 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? MS. COOPER: I do. MR. CONA: I do. MR. MENDOZA: I do. MR. WINN: I do. CHAIRMAN KAUFMAN: Good morning, everybody. Could you all state your name on the microphone for us. MR. CONA: Good morning. Chris Cona, counsel for the owner, PLN Properties. CHAIRMAN KAUFMAN: Okay. MR. MENDOZA: Rudy Mendoza. CHAIRMAN KAUFMAN: You're the owner of the property? MR. CONA: Mr. Mendoza is the tenant occupying the property. MR. WINN: Steven Nguyen, manager for PLN Properties. CHAIRMAN KAUFMAN: Okay. MS. COOPER: For the record, Latoya Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Latoya, do you want to read this into the record for us? MS. COOPER: Yes. On October 26th, 2023, the Code Enforcement Board issued April 25,2024 Page 31 finding of facts, 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, Order 6307, Page 3324, for more information. The violation has not been abated as of April 25th, 2024. Fines have accrued at a rate of $200 per day for the period from February 24th, 2024, to April 25th, 2024, 60 days -- I'm sorry -- 62 days, for the total amount of 12,400. Fines continue to accrue. Previous assessed operational costs of 59.28 have not been paid. Operational costs for today's hearing is $59.42. Total amount of $12,518.70. CHAIRMAN KAUFMAN: Let me start out with, ordinarily -- Counsel, ordinarily when the previously assessed operational costs have not been paid, we don't hear any discussion on the case. MR. CONA: I was just conferring. We had thought it had been paid. MR. NGUYEN: It had been paid. MR. CONA: When was it paid? MR. NGUYEN: Yesterday. MR. CONA: It was paid yesterday. I talked to Ms. Cooper yesterday morning and talked to my client, and they had -- he's indicated that it has been paid, because we wanted to make sure it was paid before we came today. CHAIRMAN KAUFMAN: Good thought. MR. CONA: It may not have maybe been processed yet. CHAIRMAN KAUFMAN: Who notifies you, Helen, if it's been paid? MS. BUCHILLON: Normally they notify us when they pay it, somebody in the office, or if not, the same investigator lets us know if they know about it. April 25,2024 Page 32 CHAIRMAN KAUFMAN: Okay, Jeff. MR. LETOURNEAU: No. I see it as paid in CityView, yeah. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: There's just a disconnect there, probably. CHAIRMAN KAUFMAN: I'm going to cross out the "not," and we'll go from there. Okay. Sir. MR. CONA: So we're at the one-yard line. We're very close to completing this. Unfortunately, there's been significant delays relating to the engineering, just getting drawings. The county has been very particular with this -- with this property. It's an older building. My understanding is there aren't very good records relating to the improvements made to this property over the last several -- 20 years or so. So the county has been very diligent and particular in asking for particular information. It's my understanding that the improvements are done at this point. This is just sort of working through the paperwork to cross the Ts and dot the Is. As recent as Monday, Mr. Mendoza was at the county speaking to the permitting department, and they've indicated that there are no changes that need to be made -- substantive changes to the structure itself pertaining to the improvements. It's strictly the changes to the format of the replies that need to be submitted to the permitting department to issue the permit. The -- he was with the county on Monday. They have indicated to him if they can just reformat -- they just didn't like the wording of the -- of the responses that they provided. CHAIRMAN KAUFMAN: Okay. Let me try this out. Ordinarily, what we have here, since it's not in compliance, is an extension of time -- a continuance. Since you're on the one-yard line April 25,2024 Page 33 and you need to score, it looks like you probably could use maybe 30 days to get your language problem at the county -- MR. CONA: That's seems reasonable, Your Honor. I would request 60 days just to make sure that we can cover all the bases. I know the county's extremely busy. Unfortunately, the engineer that they've engaged has sort of pushed this to the bottom of the pile. We're really pushing him to finish it. So we'd ask for 60 days if the Board would permit it. CHAIRMAN KAUFMAN: Okay. Jeff, do you have any comments? MR. LETOURNEAU: Yeah. No problem with that. I don't think they're quite on the one-yard line yet, so, yeah, 60 days seems more reasonable. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: They may have to punt. Lee. BOARD MEMBER RUBENSTEIN: Who did the remodel; the tenant or the owner? MR. CONA: The tenant. BOARD MEMBER RUBENSTEIN: Did he have permission from the owner to do it? MR. CONA: Yes, he did. BOARD MEMBER RUBENSTEIN: Without a permit? MR. CONA: Don't know the answer to that. BOARD MEMBER RUBENSTEIN: Well, he's standing right behind you. You can ask him. MR. CONA: So the permit was -- they received approval, and part of the approval was to attain a permit for the work, and that permit wasn't obtained. BOARD MEMBER RUBENSTEIN: Since last October? MR. CONA: They've been in -- they've been in the process of April 25,2024 Page 34 working on obtaining that permit since October, actually prior to October, but the last hearing we were at was in October. MR. MENDOZA: Yeah. It was just a wall that was cut down to -- it was a wall that was cut down to a knee wall, so it wasn't something that big. But the county has no records for that building for 20 years, so we had to do a drawing for the whole unit, the whole building, like if it was brand-new building, and that's the reason it's been taking forever, trying to prove that everything's up to code on something that was built a long time ago. BOARD MEMBER RUBENSTEIN: Okay. BOARD MEMBER FUENTES: All right. I'm going to make a motion real quick, if we can. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER FUENTES: We're good, Lee? CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER FUENTES: Okay. I'm going to make a motion here that we go ahead and grant them the 60 days; however, that today's operational costs of 59.42 do get paid today before the end of the day. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Opposed. April 25,2024 Page 35 BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MR. CONA: Thank you. CHAIRMAN KAUFMAN: Okay. Latoya's not leaving. That must mean something. MS. COOPER: Sorry. BOARD MEMBER AYASUN: What number are you on? CHAIRMAN KAUFMAN: I don't know. BOARD MEMBER BHATLA: She's going to announce. MS. BUCHILLON: Next case -- we're still under imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 11, CEPM20220009799, Massimo Maffei. 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. FRATER: I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us? MR. FRATER: Sure. Good morning. Fitzgerald Frater on behalf of the respondents. CHAIRMAN KAUFMAN: Okay. Rick, you want to read this into the record for us? MR. MIGAL: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Yes, sir. For the record, Rick Migal, Collier County Code Enforcement. Past orders: On July 31st, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The April 25,2024 Page 36 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, Order 6279, Page 3462, for more information. The violation has been abated as of April 3rd, 2024. Fines and costs to date are as follows: Part 1, fines have accrued at a rate of $1,000 per day for the period from August 4th, 2023, till April 3rd, 2024, or 244 days, for a total fine amount -- oh, sorry. Sorry about that -- for a total fine amount of $244,000. Part 2, fines have accrued at a rate of $1,000 per day for the period from October 30th, 2023, to April 3rd, 2024, or 157 days, for a total fine amount of $157,000. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing are $59.35. The total amount is $401,059.35. The factors are as follows: The gravity of violation is health and safety, and the actions that were taken to correct was that a permanent pool barrier was installed under Permit No. PRFW20240308402, which was finaled on April 3rd, 2024. There were no previous violations committed by the respondent, and there are no other relevant factors. CHAIRMAN KAUFMAN: Okay. It's unusual for the Board to assess a thousand-dollar-a-day fine except when it comes to health and safety, and a pool without a barrier is just that. So that was the reason that -- the fine, just to explain that portion. But your turn. MR. FRATER: Thank you. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. FRATER: So the gravity of the situation, I understand that, Chairman. No one was harmed. And I understand that it's a safety issue -- it was a safety issue. It's been fully abated. I am going to ask for leniency, just like the first gentleman, because that's really the order of the day for us. April 25,2024 Page 37 It has taken some time, but these owners have done exactly what was asked of them and what was required of them. And at this point, it is a really substantial amount that's been accumulated. What I will do here -- ask for a reduction, and I'm going to suggest a reduction to $10,000. BOARD MEMBER FUENTES: You know, I can work with that. I will go ahead and make -- MR. FRATER: I will ask for 5-, but it just seems like, you know, if you're in the mood to be lenient, these are folks who -- CHAIRMAN KAUFMAN: Yeah, $10,000 would be -- MR. FRATER: You've taken that -- CHAIRMAN KAUFMAN: -- a $390,000 reduction. I understand. Okay. BOARD MEMBER FUENTES: I'm going to make a motion. BOARD MEMBER RUBENSTEIN: I have a question. BOARD MEMBER FUENTES: Oh, go ahead. CHAIRMAN KAUFMAN: Shoot. BOARD MEMBER RUBENSTEIN: Jeff, refresh my memory on this. Was this the one that we had to get the Sheriff involved to get the barrier put up? MR. LETOURNEAU: No. BOARD MEMBER RUBENSTEIN: No? MR. LETOURNEAU: No, I think -- nope, definitely not. CHAIRMAN KAUFMAN: I think this was the one, if memory serves me, that it's in the middle of the woods or something. MR. FRATER: It's not quite in the middle of the woods. The -- but it's off of Green Boulevard. It's a property that's set back. The pool is all the way back on the property. And so they're -- there wouldn't be an immediate danger except for those who are present on the property. And there were measures taken at some point, a temporary barrier was there, and then a permanent barrier got April 25,2024 Page 38 installed. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Well, I appreciate the logical outlook that you have on the case. I'm going to go ahead and make a motion that we go ahead and reduce the county's fines to 7,500; however -- and that will have to be paid within 30 days -- MR. FRATER: Sure. BOARD MEMBER FUENTES: -- and that we also have today's hearing operational costs of 59.35 to be paid within 30 days as well, okay? CHAIRMAN KAUFMAN: Okay. I'll second your motion. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. FRATER: Thank you, gentlemen. CHAIRMAN KAUFMAN: Okay. Helen, we are now up to? MS. BUCHILLON: Next case -- we're still under imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Our last attorney, No. 12, CELU20220004718, Lowe's Home Centers, Inc. April 25,2024 Page 39 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COLLIER: I do. MS. THIBAUT: I do. CHAIRMAN KAUFMAN: Good morning. MS. THIBAUT: Good morning. How are y'all? CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, please? MS. THIBAUT: Absolutely. My name is Amy Sarazan Thibaut. I'm an attorney with Pavese Law Firm in Fort Myers, and we represent the property owner in this case. CHAIRMAN KAUFMAN: Okay. As I remember, they were putting outdoor furniture all around in some of the parking spots. They were going to go back and -- just to refresh my memory, they were going to go back in and ask for a change of the -- MS. THIBAUT: Yes. CHAIRMAN KAUFMAN: -- permit? MS. THIBAUT: So this is actually a different store than the last time I was here. CHAIRMAN KAUFMAN: Oh. MS. THIBAUT: Yeah. So it's a very -- the issues are almost identical. CHAIRMAN KAUFMAN: Okay. Okay. Why don't we start by reading the case into the record for us first. MR. COLLIER: All right. For the record, Adam Collier, Collier County Code Enforcement. Past orders: On June 22nd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, April 25,2024 Page 40 OR6271, Page 3869, for more information. The violation has not been abated as of April 25th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 20th, 2023, to April 25th, 2024, 128 days for a total fine amount of a $12,800. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid, operational costs for today's hearing are 59.49, and the total -- bringing the total amount to $12,859.49. CHAIRMAN KAUFMAN: Okay. So we're still not in compliance for one reason or another. Why don't you take it from there. MS. THIBAUT: Good morning. Good to see you all again. I was in here about six months ago for a different Lowe's store with a very similar issue. And this one is similar. You know, we're dealing with outdoor storage of merchandise for sale in addition to some, I believe, used appliances that they bring in and, you know, haul off, but, you know, those have been identified by Mr. Collier. And I would just like to take a moment to thank Mr. Collier for all his assistance with this case. He has been nothing but communicative and helpful. So thank you. CHAIRMAN KAUFMAN: We'll give him a lollipop later. MS. THIBAUT: Gold stars all around. CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: And so, you know, with Lowe's, one of the -- one of the primary issues that we have is that there are layers and layers of management. So we have been working toward submitting a site plan amendment for this store to allow the outdoor storage. We are very close to being able to submit. It has just taken a long time to get plans that, one, conform to your regulations and, two, to just get the plans in general because of all of the layers of April 25,2024 Page 41 management and things involved. So we're here today not to ask for an extension of time, which would stop the fines from accruing. What we're asking for is a continuance to allow us to submit for the site plan amendment and perform the work so that we can bring this property into compliance. CHAIRMAN KAUFMAN: Okay. When you have a continuance, the fines continue. MS. THIBAUT: Yes. CHAIRMAN KAUFMAN: Okay. So it's not the extension of time. MS. THIBAUT: Right. CHAIRMAN KAUFMAN: How much time do you think you need? MS. THIBAUT: In this instance, given how slowly large Fortune 100 companies move, I would ask for six months. I believe that we should be able to get a site plan amendment submitted -- or application submitted within the next days, maybe a week. From there, I would anticipate a total review time accounting for at least one round of insufficiency of around four months, and then that would give us two months to then go pull whatever permits we would need and perform the work, and certainly if we would need more time for whatever reason, those reasons would be documented through the site plan amendment process and the permitting process and we would, you know, keep Adam and the Code Enforcement division in the loop. BOARD MEMBER RUBENSTEIN: I have a question, Mr. Chair. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Excuse me. Does this property have the same PUD as the one on South Collier, since you're saying it's basically the same problem? April 25,2024 Page 42 MS. THIBAUT: Oh. BOARD MEMBER RUBENSTEIN: Is that property under a PUD? MS. THIBAUT: It's not. This is conventionally zoned. BOARD MEMBER RUBENSTEIN: Okay. MS. THIBAUT: And this is something we're working through. It's my understanding that we don't need to take zoning action, but in the event that this changes, we certainly would do something, or we would just remove the outdoor storage altogether. BOARD MEMBER RUBENSTEIN: Yeah. MS. THIBAUT: But there's -- there's work to be done, but we can get this remedied with approvals one way or another. BOARD MEMBER RUBENSTEIN: Question for you. You've got accumulation of litter. Now, is this litter, or is this incoming goods that are being unloaded and being moved about the property? MR. COLLIER: So it's like spent pallets, used appliances, things like that, so it is -- it is litter. MR. LETOURNEAU: Not all of it, though, Adam? MR. COLLIER: Not all of it. MR. LETOURNEAU: Yeah, it's mostly illegal outside storage. MR. COLLIER: Yeah, it's both, outdoor storage and litter. CHAIRMAN KAUFMAN: Let me -- let me ask a question of the respondent. You're blocking up parking spaces. That's what this is all about, besides what litter is there. MS. THIBAUT: Right. That's part of the issue. CHAIRMAN KAUFMAN: How many parking spots, do you have any idea, are being blocked? MS. THIBAUT: I don't know off the top of my head. Mr. Collier does have a photograph showing the areas where there is impermissible outdoor storage, and there are a couple of areas in the April 25,2024 Page 43 parking lot that you can see. What I can say is that I represent Lowe's in Southwest Florida, and all of their stores generally have a plethora of excess parking spaces. And we deal, quite frankly -- you know, to be transparent, these are not issues that are limited to Collier County. We do see other -- you know, we do temporary permits or we have code violations or, you know, whatever, for storage areas in parking lots like this, about the same amount, and it doesn't actually encroach into the minimum required parking. So with this, what we are doing with the site plan, we are obviously working to show that any areas that we would want to transition from parking to storage would not put us below the minimum required parking. CHAIRMAN KAUFMAN: Okay. That will be part of your application? MS. THIBAUT: Yeah. CHAIRMAN KAUFMAN: I would -- I would be in favor of granting some -- a continuance, days to be determined. But what I would also like to see, if there's any litter, or as Adam help pointed out, things that can be picked up and moved so it's not an eyesore, be done before six months. MS. THIBAUT: Absolutely. CHAIRMAN KAUFMAN: Do you think that's possible? MS. THIBAUT: I think it would be more than fair to say that the -- that -- to sort of put this into a two-prong approach, the litter would need to be removed. We could schedule an inspection within 30 days or something like that, and then for the outdoor storage, that would be where we would want to get the extension, really. That -- BOARD MEMBER RUBENSTEIN: So this is a different problem than South Collier? MS. THIBAUT: It's -- April 25,2024 Page 44 BOARD MEMBER RUBENSTEIN: South Collier, everything's in the rear of the store where the problem is, and this is in the front, and I think I've seen trailers parked there and other things for sale. MS. THIBAUT: Interesting. I was not aware of the trailers for sale. Yeah. You know, this is -- it is -- yes, in that sense it is different. I was generalizing when I said that this was similar because what we're trying to do here is go back and get retroactive approvals for the outdoor storage of merchandise. The zoning districts are different. Obviously, the store configurations and the locations of the stored goods are different. I mean, there's certainly some distinction. But I was just referring to the fact that this just needs a retroactive approval to permit this use. And it will -- I don't anticipate that the county's going to say that we can use all of these areas highlighted in red for outdoor storage, and it is my understanding that we will not be applying to permit all of these areas highlighted as outdoor storage. We're taking a reasonable approach to this, and we're asking for what is truly necessary. BOARD MEMBER FUENTES: So what I'm thinking is perhaps we can grant a three-month continuance. That way we can evaluate the litter problem. MS. THIBAUT: Certainly. BOARD MEMBER FUENTES: Have an update on that where Mr. Collier, as well, can present his case, and then, if need be, then we can grant the additional three, and that way, instead of granting the whole six -- and, Jeff, if this is something you think is out there let me know, but... MR. LETOURNEAU: Yeah. I like that idea, the three months, yeah. Just a progress report. April 25,2024 Page 45 (Simultaneous crosstalk.) BOARD MEMBER RUBENSTEIN: Hey, Jeff. MR. LETOURNEAU: Yes. BOARD MEMBER RUBENSTEIN: What have we done to resolve the South Collier problem? CHAIRMAN KAUFMAN: Different case. MR. LETOURNEAU: That's a different case, yeah, so I'm not going to speak on that at this venue, at this point. BOARD MEMBER FUENTES: At this point, this is what I'm kind of thinking, that we go ahead and grant a continuance of three months, that today's operational costs do get paid as well -- MS. THIBAUT: Okay. BOARD MEMBER FUENTES: -- by today, and we see you in three months where you can give you an update with Mr. Collier on whether or not this litter problem -- I think that's what mostly everybody's here concerned about, the eyesore. We can get an update within three months. Obviously, we're aware of the case. You say, "Hey, can I get the other three months?" we get it done. BOARD MEMBER AYASUN: Second. BOARD MEMBER RUBENSTEIN: I'll second. MR. LETOURNEAU: I just want to say one thing. This case was opened in March of 2022, so we're here two years -- two years and one month later. They've known about this since pretty much -- I don't know when the NOV was issued, probably a month after the -- MR. COLLIER: It was issued in June of 2022. MR. LETOURNEAU: Okay. So -- and I get that there's issues in Collier County with getting stuff done as far as, you know, planning stuff and permits. But I would hope at the end of this three months that there was some significant progress in getting this PL at least almost ready to be issued. I know it's going to take some time. April 25,2024 Page 46 But it just looks to me that there hasn't really been any kind of fire underneath Lowe's to get this thing taken care of. BOARD MEMBER FUENTES: And do let them know that typically we do not reduce the fines to zero. MS. THIBAUT: Yeah. BOARD MEMBER FUENTES: Like, the larger the amount goes, I'm probably going to end up doing a percentage off of that. MS. THIBAUT: Right. BOARD MEMBER FUENTES: So, you know, that would be my motion for right now. My motion would be to grant them an additional continuance of three months where the litter gets taken care of, as well we can be presented an update, and then that today's operational costs of -- CHAIRMAN KAUFMAN: 59.28 be paid within 30 days. BOARD MEMBER RUBENSTEIN: I'll second. MR. NOELL: Just to make sure I understand, for the order, you're looking for an update on the litter as well as the work on the site plan? BOARD MEMBER FUENTES: Yes. I just don't want to push the litter, since it involves a nuisance abatement, that we push that six -- half a year. MR. NOELL: Thank you. BOARD MEMBER FUENTES: You know, I just think that's a little long. So that will be my motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Well, I guess another part of the question is, forget about the litter. What about this storage -- you're using of the space for storage of retail merchandise. I don't think that's allowed in the parking lot. MR. LETOURNEAU: Well, I think -- BOARD MEMBER RUBENSTEIN: It's all part of the same April 25,2024 Page 47 problem? MR. LETOURNEAU: The big issue is that there's storage of items on this property. Whether or not it's the parking lot or it's some other area of this property is not really the concern. It's that when this Lowe's was built, they didn't have a designated storage area, so they started storing stuff out there, and per this commercial district, if they're going to store items out there, it has to be approved. And I think a lot of it's going to have to be a designated storage site where they're going to have it fenced in. So it's going to take some time. Obviously, they've got to get the permit and the permission first, which I think that they should have it in place by the time they come back here three months from now, and then it's going to take time to put the fencing up and everything else on this thing. So -- CHAIRMAN KAUFMAN: Okay. We have a motion, and it's been seconded. And to your point, Lee, part of that is that they start the process to change the rules, if you will, where they are allowed to store stuff, how much stuff, how many square feet. They're going to show us progress in three months, within three months, that the litter is gone, which is the last part of the violation, and that they have begun the process to get this thing resolved, as Jeff has -- BOARD MEMBER FUENTES: But we will need significant progress. BOARD MEMBER RUBENSTEIN: I'm fine with that. BOARD MEMBER FUENTES: Because one of the -- Jeff Letourneau's concern is that we don't have any significant progress, and we're not moving forward. MS. THIBAUT: I understand. BOARD MEMBER FUENTES: So long as you can present something that shows significant process, I think the Board would be April 25,2024 Page 48 willing to work with an additional three after that. MS. THIBAUT: I think that's extremely fair. Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. THIBAUT: Thank you so much. CHAIRMAN KAUFMAN: We'll see you in three months or less. MS. THIBAUT: We'll, see you in -- MR. COLLIER: Thank you. MS. THIBAUT: -- three months, yes. See you soon. CHAIRMAN KAUFMAN: Okay, Helen, are we up to -- MS. BUCHILLON: We're going to go to public hearings, D, hearings. We're actually going to move up a case before the revised stipulation that we got. Number 3, the gentleman has to leave. CELU20240001152, Bahar Berkshire Commons, 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. JONES: I do. MR. BAHAR: Yes. MS. GOETZ: Yes. CHAIRMAN KAUFMAN: Good morning. MS. GOETZ: Good morning. April 25,2024 Page 49 CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. BAHAR: George Bahar. And Faith -- MS. GOETZ: Faith Goetz. CHAIRMAN KAUFMAN: Excuse me? MR. BAHAR: She is my site manager. MS. GOETZ: Faith Goetz, property manager for Bahar Berkshire, LLC. CHAIRMAN KAUFMAN: Okay. Mr. Jones. MR. JONES: Good morning. CHAIRMAN KAUFMAN: Good morning. You want to read this -- your case? MR. JONES: Yes, sir. For the record, Investigator Alphonse Jones, Collier County Code Enforcement. This is in reference to Case No. CELU20240001152 dealing with violations of the Collier County Land Development Code 2004-41, as amended, Section 2.02.03, and Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Prohibited uses addressing overnight parking and storage of commercial vehicles, trailers, tractor-trailers, and motor homes parked in the customer parking areas. It's located at 7329 Radio Road, Naples, Florida, 34104. Folio No. 23945007048. Service was given on February 8th, 2024, with the NOV posted at the property and courthouse. In addition, NOV was mailed regular and certified mail to the respondent. This case originated as a complaint to the commissioners' office on January 31st, 2024. I made my original site visit on February 1st, 2024, where I encountered Ms. Gates -- Ms. Goetz, the property manager, engaged in tagging cars and placing signs stating the parking lot would be closed to overnight parking and that all illegally April 25,2024 Page 50 parked vehicles would be towed. On February 6th, 2024, I conducted a late-night surveillance of the parking lot where I observed multiple commercial vehicles, big rigs, and a motor home. A notice of violation was issued on February 8th, 2024, and after two additional late-night visits, one on February 21st and another on April 20th, though greatly improved, the violation still existed. I conducted a prehearing investigation last night, where I found no major big-rig commercial vehicles or anything parked in the parking lot. So, therefore, as of today's date, the violation has been abated, and the county is -- would like to ask the Board to issue a finding of fact. CHAIRMAN KAUFMAN: Okay. So should this happen again, that's why we are finding of fact on this. Okay. Do you have some pictures that you want to introduce? MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Okay. Has the respondent seen them? MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those pictures? MS. GOETZ: No, sir. MR. BAHAR: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept them? BOARD MEMBER FUENTES: Make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? April 25,2024 Page 51 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. JONES: Okay. The first picture is a picture taken on the 21st of February during one of my late-night visits. That's 7:09. These are vehicles parked in various customer parking areas. So wide angle. This is one of the dump trucks that was there. CHAIRMAN KAUFMAN: Are they staying all night? MR. JONES: It would appear they were, sir. CHAIRMAN KAUFMAN: Okay. MR. JONES: My latest visit was midnight visit, which I believe is, like, this picture here. You can see the big rig which was detached from -- or the cargo detached from its rig. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: It must be pretty difficult to deal with. CHAIRMAN KAUFMAN: Well, at least it gets you an excuse to get out of the house late at night. MR. JONES: And then this is a picture from last night where you can see it's all cleared out from there. CHAIRMAN KAUFMAN: Okay. So -- MS. GOETZ: We've actively hired a towing company who has posted over 16 signs on the property, both front and back, because some of the vehicles started leaving our front lot and moving to the back lot where our employees are and, fortunately, some of the April 25,2024 Page 52 managers of the stores let us know, and we made sure we got signage back there notifying people that this is a property we tow at. "No overnight parking" signs everywhere. And they've been extremely instrumental in almost nightly towing multiple cars of this lot. And the word is getting out. Our one problem that we are going to continue to face is these semis that come off of the interstate and pull in there overnight. We don't have a towing company that has a rig big enough to remove those from the lot. There is a tow company in town, but he refuses to contract with me. Bob Dixon Towing has a very large rig that can pull semis and motor homes off of the lot, but apparently, he won't contract with us because Collier County Commissioners have put some kind of a limit on what he can charge these big rigs, and it's so low he's not willing to bring his equipment out, hook them up, and store them for an undetermined amount of time. CHAIRMAN KAUFMAN: Is there any chance of booting, a boot so they can't drive them? MS. GOETZ: Our current tow company is looking into purchasing some kind of a boot that -- you know, they have boots for vehicles, but semis are a little bit different. They're very costly to purchase those boots, but they are looking at doing that. And I think, you know, at this point we're being as proactive as we can. And if we start to have issues with these rigs that pull in off the interstate at night, it's impossible for us to -- you know, a lot of them will leave their truck parked there because they're living in these gated communities, and that was -- that was actually the problem with a lot of the box trucks and vans you were seeing is these are folks who live in the community, in the gated communities, and they can't drive their vehicles in, so they leave them in our parking lot. You know, during the daytime, they leave their family April 25,2024 Page 53 cars there and jump in their commercial vehicles and take off and work all day, but then they bring them back there to park at night. But it looks to me like the word has gotten out pretty clearly. BOARD MEMBER FUENTES: I'll probably get in trouble for saying this, but you know what would be great? Not advice. If you made a Miami Craig's List post and said, "Come grab some free vehicles tonight," that would be awesome. MS. GOETZ: They do like to come right across the Alley over here. BOARD MEMBER FUENTES: Take them while you can. CHAIRMAN KAUFMAN: Have you been in contact with the Sheriff? MS. GOETZ: Yes. I was actually working with Corporal Kubicki (phonetic) at Collier County Sheriff. Him and Alphonse both have been helping us. And, you know, I don't know -- the Sheriff really can't do anything because the parking lot is considered private property. So, you know, Alphonse is -- CHAIRMAN KAUFMAN: There's always trespass. MS. GOETZ: Yeah. BOARD MEMBER FUENTES: Unfortunately it's hard. CHAIRMAN KAUFMAN: I know. You have to do it twice. Okay. Well, why don't we -- I'm not sure what kind of motion you want to put this on the record. Do you have a suggestion for us, Jeff? MR. LETOURNEAU: Yeah. I believe Alphonse has a suggestion. CHAIRMAN KAUFMAN: Okay. MR. JONES: The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violation. April 25,2024 Page 54 CHAIRMAN KAUFMAN: Okay. MR. JONES: It has been abated. CHAIRMAN KAUFMAN: And it has been abated. So we have a record there. Jeff, is that sufficient? MR. LETOURNEAU: No. Okay. We didn't update our recommendation? The standard on this type of thing, the violation is abated. We're just here for a finding of fact that the -- that the violation was -- there was a violation at the time the notice of violation was issued and -- CHAIRMAN KAUFMAN: It has been abated. MR. LETOURNEAU: -- yes, it's been abated. CHAIRMAN KAUFMAN: Okay. So we'll make that part of the motion. You'll write it up that way. The reason for this is so that if this were to continue down the road, there's a record of such. Okay. MS. GOETZ: One other thing, if I could just say. CHAIRMAN KAUFMAN: Sure. MS. GOETZ: As I engaged some of the people whose vehicles are towed, because they -- if they wish to, they can get my phone number from the tow company. And I have had a couple of gentlemen call and inform me that they've been doing this -- parking in that lot over 15 years. So this isn't just -- you know, this didn't just start occurring in the last couple of years. This has been going on for probably decades, as long as there's been an asphalt surface there. And, you know, we're going to remain as proactive as we can with our tow company. We do see, you know, a problem with big rigs. And, you know, we'll work with Code Enforcement and the Sheriff's Department, but it's virtually impossible to stop these big rigs coming off the interstate and pulling in there and parking April 25,2024 Page 55 overnight. BOARD MEMBER FUENTES: No, I think we understand. I think we would be more than willing to work with you guys. We understand that this is not something you have control over. Most people are going to take advantage of that and park just to have free parking overnight because they can't take it home. You know, they live in a single-family home, and they don't have the driveway space. But the county has a responsibility, too, to kind of make sure that things fall in line. CHAIRMAN KAUFMAN: What's the primary business there? MS. GOETZ: It's a shopping center/retail. Mostly restaurants in Mr. Bahar's building. We've got a building full of restaurants. CHAIRMAN KAUFMAN: Okay. Then you charge for parking. MS. GOETZ: Well, we don't have anybody that wants to sit out in 98 degrees and do that. CHAIRMAN KAUFMAN: Okay. Well -- BOARD MEMBER RUBENSTEIN: Do you have signage in the parking lot that says "no overnight parking"? MS. GOETZ: Yes. MR. BAHAR: Yes. MS. GOETZ: We have that as well as the tow signs. BOARD MEMBER RUBENSTEIN: All right. Kevin, is the property owner responsible if they've got signage that says "no parking," or is it the vehicle owner responsible for violating the sign? BOARD MEMBER FUENTES: The homeowner would be -- or the vehicle owner would be responsible for the towing bill; however, what happens is, because it's a private lot, a tow company does not assume the liability nor the responsibility to tow it off a private lot. Some specific towing companies have a private -- what's the word I'm looking for? April 25,2024 Page 56 CHAIRMAN KAUFMAN: Agreement. BOARD MEMBER FUENTES: No, no, no. They have a private lot where they store these vehicles, and they'll be the ones that come and take it. But a lot of other towing companies do not; they don't have a yard for that. So they'll say, I recommend you to somebody else. BOARD MEMBER RUBENSTEIN: No, I understand that, but is the property owner responsible or is the vehicle owner? BOARD MEMBER FUENTES: The vehicle owner would be. MR. NOELL: Ultimately -- CHAIRMAN KAUFMAN: The property owner. MR. NOELL: -- on the legal side, the property owner is always responsible for the use that occurs on their property. Vehicle owner would have their responsibility and how they operate it, obviously. But, ultimately, the legal liability lands with the property owner for the use that occurs on their property. CHAIRMAN KAUFMAN: We have no authority over people's vehicles, only their property. Okay. So we have a motion. It's been seconded. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MS. GOETZ: Thank you. CHAIRMAN KAUFMAN: Why don't you spread some nails April 25,2024 Page 57 out there? I didn't say that. MS. GOETZ: Don't tempt me. BOARD MEMBER AYASUN: No, I was going to suggest, change the sign, "No parking. Tires will be slashed." CHAIRMAN KAUFMAN: Terri? Okay. We're going to take a court reporter break right now. We'll be back here in 10 minutes. (A brief recess was had from 10:28 a.m. to 10:41 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Which brings us to... MS. BUCHILLON: We have a change for the agenda. CHAIRMAN KAUFMAN: We have a change, okay. MS. BUCHILLON: Yes, we do. Under hearings, No. 11, CEROW20230010341, Ronald Reutter and Laura J. Reutter, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Get a motion to modify the agenda? BOARD MEMBER BHATLA: I make a motion. CHAIRMAN KAUFMAN: Okay. We have a second? BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: (Absent.) CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: So next case will be No. 10, CESD20240000449, Monise Etienne. April 25,2024 Page 58 (All participants were previously sworn.) CHAIRMAN KAUFMAN: This is the case we started to hear. MS. BUCHILLON: Yes, sir. Revised stipulation. CHAIRMAN KAUFMAN: Okay. Brian, do you want to read to us the changes that you made? MR. OWEN: The changes. CHAIRMAN KAUFMAN: Everybody's sworn, by the way? It didn't wear off. Okay. MR. OWEN: Do you want me to read the entire thing or just talk about what was added, sir? CHAIRMAN KAUFMAN: Just the changes. MR. OWEN: Just the change was No. 2, cease the occupancy of the unpermitted addition and turn off all unpermitted electrical within the addition in 24 hours of this hearing, or a fine of $250 a day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: Okay. MR. OWEN: So that was the addition, added entity to bring the stipulation into full compliance. BOARD MEMBER FUENTES: Make a motion to accept the stipulation. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) April 25,2024 Page 59 CHAIRMAN KAUFMAN: It carries unanimously. Jeff, you have a problem? MR. LETOURNEAU: Everything looks good except there's two 2s, but that's just a scrivener's error up there. CHAIRMAN KAUFMAN: Okay. Save the next 1 for another case. Thanks, Brian. MR. OWEN: Okay. MS. BUCHILLON: Next case, we are still under public hearings, No. 4, CELU20240000034, Mauricio Martinez. CHAIRMAN KAUFMAN: This is where we had a name change. MS. BUCHILLON: Yes, on the investigator. I gave them a different last name. MS. RODRIGUEZ: My name changed. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. MR. PEREZ: I do. MR. MARTINEZ: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. PEREZ: Yes, sir. My name is Alejandro Perez. I'm with the engineering company. MR. MARTINEZ: Mauricio Martinez, owner of the property. CHAIRMAN KAUFMAN: Okay. Well, your case. MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. CHAIRMAN KAUFMAN: You sure you don't want to change your name to Martinez? April 25,2024 Page 60 MS. RODRIGUEZ: No, I don't think my husband would be too happy with that. This is in reference to Case No. CELU20240000034 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 1.04.01.A, addressing food slash truck container parked on an unimproved property located at 324 West Main Street, Immokalee, Florida, 34142. Folio No. 60183800109. Service was given on January 23rd, 2024, with the notice of violation posted on the property and courthouse. In addition, notice of violation was mailed regular and certified mail to the respondent. This case was initiated on January 3rd, 2024. I observed a storage container measuring approximately 8 feet by 25 feet modified to function as a food truck stored on a vacant commercial lot. I conducted research and found that on May 10th, 2023, the owner had submitted for a pre-application to discuss with county staff a proposed project, PL No. 20230008826, for a food truck park. The proposed scope of work included a pavilion, parking lot, and a food truck. The meeting was held on June 1st, 2023, and staff comments were provided on the proposal. No additional progress was made on the application until this case was initiated. On January 5th, 2024, I called and spoke to property owner Mauricio Martinez and explained that he was not allowed to store or keep the container on the vacant lot due to not having received county approval for the project. Since the initial discussion, Mr. Martinez advised he has been working with an engineer to move forward on the project. Documents have been submitted as of April 22nd, 2024, and as of today, no reviews of the information or approvals have been issued, and container remains on site. CHAIRMAN KAUFMAN: Okay. Do you have any pictures April 25,2024 Page 61 that you'd like to present? MS. RODRIGUEZ: I do. I have two pictures taken on January 3rd. So that's taken by me. That's half of the container, and this is the other half. CHAIRMAN KAUFMAN: Don't show the pictures yet. Have you seen the pictures? MR. PEREZ: Yeah. CHAIRMAN KAUFMAN: Do you have any objection? MR. PEREZ: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. BOARD MEMBER FUENTES: Motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Looks like a trailer parked on a lot. MS. RODRIGUEZ: These are pictures taken from yesterday by me. BOARD MEMBER FUENTES: It's a big one. MS. RODRIGUEZ: Yeah, it is. BOARD MEMBER FUENTES: Has there been any real attempt to correct the violation? MS. RODRIGUEZ: They did do a pre-app meeting, and he has been working with the engineer trying to get all the forms that he April 25,2024 Page 62 needs so that he can submit for it. At this point he's not finished yet. I think he has a few things left to do before he can submit the whole thing, because they won't take it in pieces. It has to be all completed before it goes in. CHAIRMAN KAUFMAN: Okay. Is there a zoning issue here? MS. RODRIGUEZ: It is more of a permitting issue, and he has to go through the whole process of trying to permit it on that vacant lot, because there's nothing on there. It's just a vacant lot. CHAIRMAN KAUFMAN: Yeah. But what's the zoning of the vacant lot? MS. RODRIGUEZ: He's able -- well -- MR. PEREZ: If you can present the picture with the parcel. Can you hear me? If you can present the picture with the parcel, that was one of the problems we had in the pre-application meeting. This -- this lot has two zonings. The one on the back is residential, and the one in Main Street is commercial. So in order to expedite the site development application, we had to modify the whole design to just not use anything on the residential lot and keep everything in the commercial lot, so that has created delays. But we have an approval from zoning. It's not -- it's not an approval. It's an informal correspondence, because they are not able to review that separately. It has to be submitted, the whole Site Development Plan. We do have a full set that's combined, including landscape, architecture, architectural plans, parking space, drainage, structural details that I shared with them. I attempted to upload these documents, but they will not review it without various other documentations. Now, we already have received also the environmental documentation that was requested a while ago, and we just got it April 25,2024 Page 63 yesterday. The biggest piece of information that we're missing is the traffic impact study, and that may take up to two months to be produced. Unfortunately, that's not in our hands. I already requested various companies to provide bids, but they're not familiar with the code in Collier and nuisances here. So we just would like to get more time in order to submit the application with site development. And I believe that once the zoning is approved, we would be allowed to apply for a temporary permit under the construction for two years to keep the container there. It's currently not being used at all. It's just staying there. CHAIRMAN KAUFMAN: Okay. Well, before we continue, we have to determine whether a violation exists. Anyone want to make a motion whether a violation exists or not? (No response.) CHAIRMAN KAUFMAN: I'll be glad to do that. I'd make a motion that a violation does exist. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: And a second. BOARD MEMBER RUBENSTEIN: I'm not sure. Is it -- is the trailer movable? Is it self-powered, or does it have to be towed in place? MR. PEREZ: This particular trailer is not towable. It's not movable. You cannot move it. It's not on an axle. CHAIRMAN KAUFMAN: It has no license plates. BOARD MEMBER RUBENSTEIN: How did it get there? MR. PEREZ: With a crane. BOARD MEMBER RUBENSTEIN: With a crane? BOARD MEMBER AYASUN: It's a 40-foot container, it looks like, right? MR. PEREZ: It's 42 feet. April 25,2024 Page 64 BOARD MEMBER AYASUN: Forty-two foot? MR. PEREZ: Forty-five feet, yes. BOARD MEMBER AYASUN: It's a sea carrier, yeah. MR. PEREZ: And that trailer, if you look at the site plan, is supposed to be relocated to -- it's too close to the road. CHAIRMAN KAUFMAN: Okay. MR. PEREZ: It's not going to stay there. CHAIRMAN KAUFMAN: Let us vote on the motion that I made, that a violation exists. All those in favor? MR. LETOURNEAU: Can I -- CHAIRMAN KAUFMAN: Yes. Jeff, what? MR. LETOURNEAU: I'd just like to straighten it out for Lee a little bit. The gist of the violation is you have an unimproved piece of property that the trailer was dropped on, and you -- with an unimproved piece of property, if you haven't -- don't have a primary structure, you can't normally drop it on there, or a commercial building. They do have the opportunity to get it permitted. But at this point, because they put it on the unimproved property, that makes it a violation right there. BOARD MEMBER RUBENSTEIN: Ahead of time. MR. LETOURNEAU: Yes, yep. BOARD MEMBER AYASUN: So I second. You didn't have a second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation exists. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? April 25,2024 Page 65 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So now that we have that determined, I'm going to go to the county and ask if they have a suggestion for remedying the situation. BOARD MEMBER RUBENSTEIN: I have a question before -- I want to hear it, but I have a question. CHAIRMAN KAUFMAN: I don't know. Did you use up your allotment of questions? BOARD MEMBER RUBENSTEIN: I have one left, I saw. CHAIRMAN KAUFMAN: Okay. Go ahead. BOARD MEMBER RUBENSTEIN: This is eventually going to end up like a permanent restaurant. MR. PEREZ: Well, the kitchen -- BOARD MEMBER RUBENSTEIN: Is there going to be bathrooms provided? MR. PEREZ: Yes. BOARD MEMBER RUBENSTEIN: Within the trailer? MR. PEREZ: Not within the trailer, no. BOARD MEMBER FUENTES: No, port-o-potty, like the food trucks. BOARD MEMBER AYASUN: Yeah, food truck. MR. PEREZ: There will be actually a building. If you open up the combined set, you'll see the layout. We originally -- our proposal was to have the residential lot just for parking space, but that turned out to be a problem because then we would have to extend the process to rezone that property into a commercial. That would take two years. So the only alternative we have is abandon that idea, don't do anything in it. Zoning mentioned that it's in the plan. In their plan for Immokalee, that whole area will be converted eventually to April 25,2024 Page 66 commercial, so... CHAIRMAN KAUFMAN: So the horse was put before the cart. MR. PEREZ: Unfortunately. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Who owns the lot? Did I hear that or -- CHAIRMAN KAUFMAN: He owns the lot. BOARD MEMBER AYASUN: Oh, he owns the lot. CHAIRMAN KAUFMAN: We've gone to the county to ask for their suggestion. MR. IANDIMARINO: Mr. Chairman, if I may? CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: Tom Iandimarino, director of Code Enforcement. We do have an individual who has a -- wishes to make a public comment on this. CHAIRMAN KAUFMAN: Okay. Is this the slip? MR. IANDIMARINO: At your discretion, sir. Same individual, different slip. She's here to talk about two -- this item and the item that you have there. CHAIRMAN KAUFMAN: Okay. MR. IANDIMARINO: If I may bring this forward to you. CHAIRMAN KAUFMAN: Is that Andrea Halman? MR. IANDIMARINO: Yes, sir. CHAIRMAN KAUFMAN: Okay. Why don't you come up to the microphone and adjust it so it's good for you. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. HALMAN: I do. April 25,2024 Page 67 CHAIRMAN KAUFMAN: I have a procedural question before we go. Do you have to swear in people who just want to make a comment? MR. NOELL: It might be erring on the side of caution, but yes, I think that's the best practice. CHAIRMAN KAUFMAN: Okay. But it's not a rule? MR. NOELL: Well, if they're going to present testimony before the Board, so public comment in the form of this is open hearing, and so it is testimony that the Board's taking. CHAIRMAN KAUFMAN: Okay. Very good. Yes, ma'am, could you state your name on the microphone for us. MS. HALLMAN: Sure. My name is Andrea Halman. I am a resident of Immokalee. I've lived there about 16 years. I am on the board of the CRA and the MSBU. I'm chairman of the MSBU. We are trying to make a change in Immokalee. We're trying to improve Immokalee. We have companies that come -- that want to come to Immokalee that come to our CRA and present what they're doing. We have heard nothing about what's going on here. We'd like to hear more about this. My reason for being here was to show support for Code Enforcement. Code works really very hard in Immokalee. Actually, it works over because a lot of people do not listen to Code. And we are asking your support in getting people to understand that there are rules; that you have to follow the rules. If you don't, we're -- it's chaos. So I came for that, but I also thought it important to speak on what's going on here. CHAIRMAN KAUFMAN: Okay. Well, we appreciate your comments, and we try to do what's right in informing people. And if they don't follow the rules, we try to do what's right to motivate them April 25,2024 Page 68 and others that follow them as to what the rules are. MS. HALLMAN: Thank you. I appreciate that. CHAIRMAN KAUFMAN: And thank you for coming. I appreciate you being here. BOARD MEMBER RUBENSTEIN: I have a question for Jeff. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: How does the county define a food trailer? Does it have to be mobile? MR. LETOURNEAU: Okay. And I'm not the expert on this, but we traditionally had what you called the roach coaches that went to the construction sites. Those don't need to be permitted because they're expected to pull up, do their business, and get out of there. When you have a vehicle that's selling food for an extended period, over two hours, at that point if becomes a food truck, and it has to be -- it has to go -- either be a temporary-use permit where they can be there temporarily for, like, 14 days, or you have to get a conditional-use permit, which these guys are trying to get right now for their piece of property. So that's what defines a food truck, how long they actually are going to be on a particular piece of property. CHAIRMAN KAUFMAN: Okay. Let me go back to the county now, who has a suggestion for us. BOARD MEMBER RUBENSTEIN: While she's looking that up, Mr. Chairman, is he required to go through the CRA for approval of that business on that site? CHAIRMAN KAUFMAN: I don't know whether he is or isn't, but our case here is that there's a lot, there's a trailer on the lot which is not permitted, end of case. Where he has to go, what he has to do is not part of what we're hearing. MS. RODRIGUEZ: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs April 25,2024 Page 69 in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required Collier County approval, including all related permits, inspections, and certificate of occupancy/completion to complete the food trailer/container parked/stored on the property, or remove it from the unimproved property to a site intended for such use within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; That the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion; however, I'd like to ask a couple questions first. If everything goes the way you want it to go, how long will that process take, approximately? MR. PEREZ: Well, it's hard for me to tell because not all pieces are in our hands. An estimate for the traffic impact study is two months. Once we have that -- it's the part that's going to take longer. All the other forms are just letters, applications that need to be notarized. So those can be worked on within that time frame. I believe we will have -- we will have the site development application submitted within the next three months, but then it's on Collier County Growth Development department to review it and its various -- CHAIRMAN KAUFMAN: This could take a year. April 25,2024 Page 70 MR. PEREZ: Or more. CHAIRMAN KAUFMAN: Okay. Well, then -- BOARD MEMBER FUENTES: See, but I have a problem with that -- CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER FUENTES: -- because -- I'm in agreement with our guest speaker today, Andrea, where I want things to improve, and I've been -- as you guys know, I've been an investigator where sometimes we violate things and it's like scuff, you know, ah (indicating). Food truck that gets craned as a drop-off, somehow we've got to be able to remove it if that's the case. If you can afford to put it on there, you can afford to take it off. So now we've got something in place. We're being told it could take a year. At this point I want this recommendation to be a very stern one and one that we plan to enforce when it comes back, because it is going to come back, and that the fines do get imposed. This is my personal feeling. And I think that the commitment that the gentleman made is a quite big one. He probably should have done his research before doing so. That's, you know -- kind of common sense. So that's how I feel about this. That's my opinion. CHAIRMAN KAUFMAN: Okay. And I agree with it. The hardest part would be how much time to remove that trailer, because that's probably going to have to happen before all the other paperwork is done, so... BOARD MEMBER FUENTES: I think 30 days to remove the trailer. I'm not open to trying to -- I mean, I understand you guys are trying to work in getting your plans changed, but the trailer should have been -- shouldn't have been dropped off before doing that. What you're asking the county today is for us to grant you extended time, a period of time for the mistake that you did before April 25,2024 Page 71 doing it correctly. Not you per se. But, you know, it's not fair to those who live in the area. It's not fair either to those who have committed violations who we impose fines all the time. So I think 30 days to remove the trailer is what I'm thinking. If not, a fine of $600 per day gets imposed. CHAIRMAN KAUFMAN: Okay. Is that your motion? BOARD MEMBER FUENTES: That would be my motion. CHAIRMAN KAUFMAN: Okay. And I'll second your motion. So it would be 59.28 paid within 30 days, remove the trailer within 30 days, or a fine of $600 a day. BOARD MEMBER FUENTES: So what that means is that the trailer should be removed immediately. You have 30 days to do so. You guys can continue working on your process to get the approval to do so, but the trailer needs to be removed. MR. PEREZ: Is it possible to extend it to the three-month period that I'm asking for? I might be able to get, within that time frame -- BOARD MEMBER FUENTES: What you're asking for is not what I'm thinking. What I'm thinking more or less like that trailer should have never been dropped off, and it needs to be removed immediately. I would rather impose the fines for the trailer being there and being done incorrectly than granting you three months to see if you can get the Site Development Plan, or whatever it is you're looking to do, approved. I think that what was done was incorrectly done. It's wrong. Immokalee is a city that does need to be improved. Code Enforcement needs to have a serious take on these matters. You can continue to work on those things, but what we're asking is that that gets removed in the meantime. It is going to cost. I understand that. MR. PEREZ: It could cost damage to the trailer per se. That's April 25,2024 Page 72 why -- it's not that we are not trying to -- to meet code. We're actually ahead, and we're trying to get this diligently. We've been working on it, next month, for a time period of a year. There has been various delays and obstacles that are unforeseen. I understand -- CHAIRMAN KAUFMAN: Let me stop you. Actually, the public meeting is closed. We have a motion and a second, which I've read, 59.28 to be paid within 30 days, the trailer removed in 30 days or less, or a fine of $600 a day. It's because this was done without anybody thinking ahead of time. Again, based on the public speaker we had, this stuff -- can't continue to do that and improve the city of Immokalee at the same time. So I'm going to call for the vote. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So that's what it is. Okay. Thank you. BOARD MEMBER FUENTES: And you are just adorable. I like you. CHAIRMAN KAUFMAN: Do you want me to give you her slip? Okay, Helen, what do we have next? MS. BUCHILLON: Next case, No. 12, CEA20230008937, Ramiro Trevino, and also No. 13, CESD20230008967, Ramiro Trevino. April 25,2024 Page 73 CHAIRMAN KAUFMAN: We'll hear both cases and vote on them separately? MS. BUCHILLON: Yes. BOARD MEMBER AYASUN: Twelve and 13. 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. TREVINO: I do. CHAIRMAN KAUFMAN: Sir, could you give us your name on the microphone, please. MR. TREVINO: Alberto Trevino. CHAIRMAN KAUFMAN: Okay. Jason, will you read the -- well, it's your case. Do you want to hear them both at the same time, and then we'll vote on them separately? MR. PACKARD: Yeah. Do you want to go through 12 first, and then we'll go through 13? CHAIRMAN KAUFMAN: Yes. MR. PACKARD: Perfect. All right. Good morning. For the record, Jason Packard, Collier County Code Enforcement. This is in reference to Case No. CEA20230008937 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 4.02.07, over allowable limit of two hooved animals per acre located at 11175 Tomato Road. Folio 758840004. Service was given on November 8th, 2023. This case originated as a referral from Domestic Animals Services. On October 11th, 2023, Code Enforcement received an e-mail from DAS Field Operations Manager Danielle Jersey advising of potential violations at this address. I made a site visit and spoke with the tenant, who advised it was April 25,2024 Page 74 different tenants that had owned the eight horses that were on site. Left my number and let her know through an interpreter that the number of hooved animals needed to be at or below the allowable county limit of two per acre. Shortly after, I received a call from a property owner requesting more time due to some medical treatments that were going to. NOV was served November 8th, 2024 [sic]. On January 4th, 2024, I made a site visit with Domestic Animal Services and observed the number of horses remained at eight. As of today, the violation remains. CHAIRMAN KAUFMAN: Can I stop you one second. MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Go back. The NOV was what date? MR. PACKARD: The notice of violation was November 8th, 2024 -- 2023, I'm sorry. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: Typo on my part. CHAIRMAN KAUFMAN: I was going to ask you -- like you've been on some horses. Okay. MR. PACKARD: I would now like to present case evidence in the following exhibits: One aerial from the Collier County Property Appraiser, one aerial from the Collier County zoning assistant, one property description from the Collier County Property Appraiser, eight photos from January 4th inspection, three photos from April 24th inspection, and a property deed. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to the photos being introduced? April 25,2024 Page 75 MR. TREVINO: No, sir. MR. PACKARD: Mr. Chairman, a note, this gentleman is a representative for the property owner. He is not the respondent. CHAIRMAN KAUFMAN: Do you have the agreement that he can testify in his behalf? MR. PACKARD: We do not, but he's going to testify just on the progress that has been made. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos? BOARD MEMBER BHATLA: I make a motion. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: And seconded? BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NOELL: And just for clarity, sir, did the property owner give you permission verbally to speak on the property owner's behalf? MR. TREVINO: Yes. I also have a -- I have a signed document. I have a copy of his driver's license. He is my brother. MR. NOELL: Okay. Thank you. MR. TREVINO: Thank you. MR. PACKARD: This is the property in question off Tomato Road. It's a zoning assistant aerial. This is from Collier County April 25,2024 Page 76 Property Appraiser noting the rough two-and-a-half-acre size of the lot. This is from the January 4th inspection. Horse 1, 2, 3, 4, 5 and 6, 7, and then 8's back here in the corner. And then yesterday, I didn't proceed onto the property. Nobody responded when I hit my horn, so I took some photos and observed the two that were in here are no longer here. So we're down to six, which is still one over the allowable limit. CHAIRMAN KAUFMAN: Okay. Sir, you have one too many horses? MR. TREVINO: Yes, sir. They are -- within the next couple weeks, they're going to -- two of them are going to go ahead and go to their new owners. The tenant, which is the owners of these horses, his wife has severe medical issues, so he's been trying to get this taken care of, and he has slowly but surely. Between the chemotherapies and him trying to still work, he's trying to figure out a way to get to the -- get rid of the horses so that they're in a good home. He can't just, you know, let them go. He has advised me that he is -- he has found a home for them, and it will be about a couple of weeks before he can get to them and -- and they'll be off to their new homes. CHAIRMAN KAUFMAN: Okay, fine. So you need a couple of weeks right there? MR. TREVINO: Yes, sir, at least. CHAIRMAN KAUFMAN: Okay. So need to take a motion from the Board that a violation exists. BOARD MEMBER FUENTES: I'll make a motion the violation does exist. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. April 25,2024 Page 77 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We'll try to combine both cases together. So we understand this case. Why don't we go to the next case now and see if we can put this all together. MR. PACKARD: Yes, sir. All right. Good morning. For the record, Jason Packard, Collier County Code Enforcement. This is reference to Case No. CESD20230008967 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(E), and 10.02.06(B)(1)(e)(i), horse stalls, chicken coops, and other accessory structures constructed without Collier County permits and/or approvals located at 11175 Tomato Road. Folio 758840004. Service was given on November 8th, 2023. This case originated as a referral from Domestic Animals Services. On October 11th, 2023, Code Enforcement Board received an e-mail from DAS Field Operations Manager Danielle Jersey advising of potential violations at this address. I made a site visit and spoke with the tenant who advised another tenant on the parcel had animals on site and had construction -- constructed the structures to have a place for the animals to reside. I left my number and let her know, through an interpreter, that the structures needed to be permitted or removed. Shortly after, I received a call from the property owner April 25,2024 Page 78 requesting more time due to some medical treatments going on with the tenant's wife. The notice of violation was served on November 8th. On January 4th, 2024, I made a site visit with Domestic Animal Services and observed structures remained and an additional dog kennel had been built at the front of the property. As of today, the violation remains. Now I'd like to present case evidence in the following exhibits: One aerial from Collier County zoning assistant, property card, one aerial from Collier County Property Appraiser from 2022, one aerial from Collier County Property Appraiser 2024, five photos from my January 4th inspection, four photos from my April 24th inspection, and a property deed. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Do you have any problem with those photos? MR. TREVINO: No, sir. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Get a second? BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? April 25,2024 Page 79 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. PACKARD: Zoning assistant, this is the property card showing the residence with the garage as the only structures on site. This is from 2022. This is from 2024 with the addition of the structures that were built, and then these are the individual structures. The 2024 aerial's in the lower right with a star over each location for each structure. And then this yesterday with the structures remaining. And that's all I have, sir. CHAIRMAN KAUFMAN: Okay. Sir. MR. TREVINO: So as of -- as I've spoken to the tenant, he was unsure -- because he's had a lot going on with his wife, he wasn't sure if he was going to keep the horses in the beginning or any of the animals due to the lack of time that he was having. As of January, he did decide that he was going to keep everything. I have been in contact with the asset ASA, which is the engineer, to go ahead and start the permitting process and the drawing process. These people, it's -- they're so slow. It's a continuous call. They did finally show up. They have drawn out all of the plans. I'm still waiting for them to get a survey. I have gone ahead and contracted my own survey company, because the only -- the only thing that may be in question here is where the -- where the horse stalls are in reference to where easements are, and that will determine if we're going to demo it or not demo the horse stalls. I have hired -- I have put a deposit for a contracting company already so if this does not go through, and we have to demo the horse stalls and the chicken coop, then that's already in place and already been paid. And I took -- I wanted to make sure that at least that's in place so April 25,2024 Page 80 if ASA continues to not show up and doesn't do the stuff that it should do and doesn't present a permit or anything at all, that I at least have a plan in place to at least start getting the demo and become into compliance. BOARD MEMBER FUENTES: You're like a super citizen. You've got everything lined up. MR. TREVINO: Oh, you have to. You just -- you know, I know one of the things you guys don't like is nobody -- is us make it seem like we're ignoring you. We do want to come into compliance; however, on these small cases, there isn't an engineer that wants to take you. So ASA is the only one in town that is familiar with your codes, that is familiar with what you guys like. But it is so hard for them to get them. I mean, even if you pay up front, they still don't care. CHAIRMAN KAUFMAN: These chicken coops, are they staying or going? MR. TREVINO: The chicken coop is all part of one unit. The dog kennel, I was out there Saturday. The dog kennel is no longer occupied. That will be part of the demo. If they decide to do the permitting, it's going to be taken down anyways by the homeowner -- or by the tenant. So the only thing that's staying is the outdoor lanai and the horse -- and the horse stalls. CHAIRMAN KAUFMAN: So there was a lanai involved in this? MR. TREVINO: Yes. Well, that piece right there. CHAIRMAN KAUFMAN: It's attached to the house? MR. TREVINO: No, it's not, but it's -- according to the -- CHAIRMAN KAUFMAN: Definitions. MR. TREVINO: Well, the guy -- the guy that came to measure out, we're within the -- April 25,2024 Page 81 CHAIRMAN KAUFMAN: Setback. MR. TREVINO: -- setbacks, you know, from the side of the house. So that wouldn't be an issue. And it's just a matter of -- right now is we're waiting for the survey, which I've already hired my own company to come out, and we're waiting for ASA to give us a set of plans that we can present to permitting. CHAIRMAN KAUFMAN: So how long do you think this would all take? MR. TREVINO: I've spoken to ASA, and he says somewhere around three months to two and a half months is what it would take from the time that I get a drawing to we actually enter permitting. BOARD MEMBER FUENTES: I'd give it to him. He's working on compliance. CHAIRMAN KAUFMAN: Well -- and I understand, but right now he's not in compliance. It's a matter of how much time. First of all, let's vote on whether a violation exists on this case. BOARD MEMBER RUBENSTEIN: I'll make a motion that a violation does exist. BOARD MEMBER AYASUN: Second. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. Second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I'll ask the county, and then we're going to have fill in the blanks April 25,2024 Page 82 on timing and fines. BOARD MEMBER RUBENSTEIN: I have a question for -- CHAIRMAN KAUFMAN: Sure, go ahead. BOARD MEMBER RUBENSTEIN: How long have you owned the property, about? MR. TREVINO: About 10 years. BOARD MEMBER RUBENSTEIN: Were those structures there when you bought the property, or did you -- MR. TREVINO: No, sir. BOARD MEMBER RUBENSTEIN: You built them. MR. TREVINO: I did not build them. The tenant built them. BOARD MEMBER RUBENSTEIN: The tenant built them. MR. TREVINO: The tenant built it. I don't own horses. I don't know a thing about horses. CHAIRMAN KAUFMAN: See, there's a difference between if you bought a property and there was a structure that wasn't in compliance, there was no CO on it, and if you built it yourself. You can do an affidavit to get it done if you didn't do it. But if you did it, you're going to have to go through the entire permitting process, inspections, and all the rest of that. So I just mention that in passing. MR. TREVINO: Thanks. CHAIRMAN KAUFMAN: Jason, do you have a suggestion on this case? MR. PACKARD: Yes, sir. Do you want to hear the animal suggestion first? We didn't hear the recommendation for that one. CHAIRMAN KAUFMAN: How many chickens -- is that -- MR. PACKARD: This is hooved animals. CHAIRMAN KAUFMAN: Oh, okay. Yes, let's do the animals first. That would be Case No. 12. MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Okay. April 25,2024 Page 83 MR. PACKARD: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, remove all hooved animals over the Collier County allowed limit of two per acre within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the Code Enforcement investigator when the violation's been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. On this one, you said it was going to be the animals that are in excess of the permit -- of the law will be done within about two weeks? MR. TREVINO: More or less, yes, sir. CHAIRMAN KAUFMAN: Okay. So as far as assessing some time on this, I'd like to make a motion the 59.28 be paid in 30 days, and we give you 60 days, which is more than enough time, to limit your horses down to what they're supposed to be, or $100-a-day fine. MR. TREVINO: Thank you. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. April 25,2024 Page 84 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now the hard part. The second one, Jason. MR. PACKARD: Yes, sir. Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted structures within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. On this one you thought you might have this done in around 90 days or so? MR. TREVINO: I'm hoping. You know, ASA. I'm going to say -- I'm going to say 90 days, and I'm not sure -- I've been hearing the other cases. If we get closer to that, can I get with Jason and then appear before you guys again and see if -- what the progress is like? April 25,2024 Page 85 CHAIRMAN KAUFMAN: Okay. Let me make a motion on this. 59.28 be paid within 30 days, 120 days to come into compliance on this, so that's 30 days more than you thought you needed -- MR. TREVINO: Okay. CHAIRMAN KAUFMAN: -- or $100-a-day fine thereafter. MR. TREVINO: Thank you. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. TREVINO: Thank you. CHAIRMAN KAUFMAN: And our attorney wants you outside so he can beat you up. BOARD MEMBER AYASUN: That doesn't sound so good. CHAIRMAN KAUFMAN: Thank you, Jason. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: Helen? MS. BUCHILLON: Next, under old business, motion for imposition of fines and liens, No. 2, CESD20210002284, Margot Ricardo and Magdiel Gonzalez. 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? April 25,2024 Page 86 TNE INTERPRETER: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MS. RICARDO: I do. MS. GONZALEZ: My name is -- my name is Magdiel Gonzalez, and she's my mom, Margot Ricardo. CHAIRMAN KAUFMAN: Okay. You're both going to be testifying, or you're going to be translating? MR. GONZALEZ: No, we are both homeowners, property owners. CHAIRMAN KAUFMAN: Okay. Okay. Language is not a problem? MR. GONZALEZ: No, it's not a problem. CHAIRMAN KAUFMAN: Okay. Tom, do you want to read this into the record for us? MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On April 28th, 2022, the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6130, PG2956, for more information. On October 26th, 2023, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. Violation has been abated as of April 8th, 2024. Fines and costs to date are as follows: Fines are accrued at a rate of $100 per day from the period of August 27th, 2022, to April 8th, 2024, 591 days, for a total fine amount of $59,100. April 25,2024 Page 87 Previously assessed operational costs of 59.28 and 59.28 have been paid. Operational costs for today's hearing is 59.42. Total amount is $59,159.42. The gravity of the violation is not health and safety. Any action taken by the violator to correct: The permits for PRFH20240204024 for the unpermitted lanai is finaled. Permit PRDM20220402287, the demolition permit, is finaled. The expired permit of CDP20040922436 is finaled. And the last expired permit, CDP2004030107, is finaled. Any previous violations committed by the respondent/violator is none. And any other relevant factors is none. CHAIRMAN KAUFMAN: Okay. Sir? MR. GONZALEZ: Yes. BOARD MEMBER FUENTES: Could you give me a quick recap? I know last time you were here, we gave you an extension. MR. GONZALEZ: Yes. BOARD MEMBER FUENTES: Or continuance because you had told me the story. Can you just help me remember again? MR. GONZALEZ: Yes. Last time I got an extension, and I finish all the job. I realized -- the lanai, I remove all the plumbing and the -- I did all the electricity job. BOARD MEMBER FUENTES: Did you purchase the property like this, or you guys did that? MR. GONZALEZ: Yes. I purchased it like that. I was victim of fraud. BOARD MEMBER FUENTES: Okay. All right. That's good enough for me. I remember this. All right. So I'm going to make a motion that we go ahead and deny the county the imposition of fines so that they owe $0; however, you guys will have to pay for today's operational costs within 30 days April 25,2024 Page 88 of $59.42, okay? MR. GONZALEZ: Thank you. I appreciate that. BOARD MEMBER FUENTES: That would be my motion. We haven't voted on it yet. CHAIRMAN KAUFMAN: Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MR. GONZALEZ: Thank you. I appreciate it. CHAIRMAN KAUFMAN: Okay. Very good. Thank you. MS. RICARDO: Thank you so much. BOARD MEMBER AYASUN: You're welcome. MS. BUCHILLON: Next case, No. 4, CESD20210000673, Rodolfo Trevino, Jr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOSEPH: I do. MR. TREVINO: I do. Yeah, this is not good, not a good look for me here, I know this. It got hot in here all of a sudden. BOARD MEMBER FUENTES: You went from super citizen to -- CHAIRMAN KAUFMAN: Okay. Can you state your name April 25,2024 Page 89 on the microphone for us. MR. TREVINO: Alberto Trevino. CHAIRMAN KAUFMAN: Okay. MR. JOSEPH: Don Joseph, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Are you new? MR. JOSEPH: First time in front of you guys. CHAIRMAN KAUFMAN: Then to us you're new. MR. JOSEPH: Yes. CHAIRMAN KAUFMAN: Welcome. MR. JOSEPH: Thank you. BOARD MEMBER AYASUN: Welcome. CHAIRMAN KAUFMAN: Would you like to read the order into -- the violation into the record for us? MR. JOSEPH: For the record, Don Joseph, Collier County Code Enforcement. Past orders: On July 28th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6165, Page 3465, for more information. On May 25th, 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 4th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from November 26th, 2022, to March 4th, 2024, 465 days, for a total fine of 46,500. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.63. Total amount: $46,559.63. The gravity of the violation is not health or safety violations. April 25,2024 Page 90 Actions taken by the violator to correct: The removal of offending materials and successfully obtaining an after-the-fact vegetation removal permit. Any previous violations committed by the respondent: None. And no other relevant factors. CHAIRMAN KAUFMAN: Okay. Sir, it's taken a while. MR. TREVINO: It has. So with this one, it started with cleaning the property, because it's at the very end of Auto Ranch Road. That's where the junkyard is. So over the years -- I've owned this property since 2000. This has been a dumping ground, and every time I try to go do something, there's motors, transmissions, there's -- you know, it's a dumping site for all construction debris. Every time I go to clean it, you know, it gets nice, and then, you know, a year or two later, it's worse again. I was -- I was trying to get it into compliance. I did get the materials that they wanted out. The reason it took so long, my environmentalists were still trying to figure out what we were going to do as far as plantings go. When that finally came about, we were out of the planting season. They aren't sure how I was going to get water there because they will not allow me to put a well there without a structure. I can't get a structure, because there's an open case with you guys. It was -- it was -- CHAIRMAN KAUFMAN: Catch 22. MR. TREVINO: And then -- so then the biggest issue here was they had -- they had said that this was wetlands. My argument with them was -- you know, a big part of this has been always cleared, and there's a lot of uplands here. The environmentalists that I first hired, they sent me a brand-new grad that she really didn't know what she was doing. Finally, we went on the second year, you know, second summer, and we did plant, and all the plants died. I bought the plants again when April 25,2024 Page 91 they told me to wait. Those plants died. I'm at like, 49-, or maybe $52,000 in just plants, plus labor. And then I finally hired another consultant. That consultant, within, I don't know, two months, found exactly what we needed. It is uplands, not wetlands. All that area is not wetland, so then she's -- in her report it said for me not to plant anything because nothing's going to live there because of what previous owners have done in the '60s and '70s there. So this has been my argument for -- since this case opened. And then so all of a sudden, they asked me just to get a vegetation removal with machinery for a thousand dollars. And this is where I'm at, you know, all this time later. And I've been -- I've been in compliance -- I've been trying to get in compliance from day one. I've been talking with Don since day one continuously. And, I mean, we're both in agreeance that we've done everything we could, and it was all under the environmentalist that we've hired. And, you know, we finally got to this point where, you know, no, you didn't do anything wrong, but you know what, by the way, here's -- sign this and give me a thousand bucks and, you know, do the permitting, and everything just went away all of a sudden, you know, with the thousand-dollar permit. So, you know, I'm really asking for -- to zero out the fines. I've been trying to be in compliance, and it ended up being that I -- there was no violation. I did not need to plant any plants anymore. CHAIRMAN KAUFMAN: I'll tell you who's real familiar with Auto Ranch Road. It's got to be Terri that was before the Planning Commission for hours this week. So you're going to have company down there, it looks, pretty soon. Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: Well, I can't do zero, but what April 25,2024 Page 92 I can do is reduce the county's fines to $300, and that to be paid within 30 days, as well as today's operational costs to be paid -- sorry -- today's operational costs of $59.63 to be paid within 30 days as well. So the total amount would be $359.63. CHAIRMAN KAUFMAN: Okay. I'll second that motion. MR. TREVINO: Thank you. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. MR. TREVINO: Thank you. CHAIRMAN KAUFMAN: Okay. MR. TREVINO: That's my last one, I promise. CHAIRMAN KAUFMAN: You do have neighbors. They're looking to change the zoning down there and put in, I don't know, 3-, 400 units. MR. TREVINO: Seven hundred eighty some units, and it's right -- I'm right next to that. BOARD MEMBER FUENTES: That will be great for business. MR. TREVINO: It's -- from one day to the next, all the trees are dying there. I don't know what they did, but from one day to the next, everything was dying there. And, yes, I see the sign. It's right on my -- in my driveway. MR. NOELL: And, sir, your name, is it Rodolfo? MR. TREVINO: Alberto. That's -- it's under my brother's name. MR. NOELL: Okay. April 25,2024 Page 93 CHAIRMAN KAUFMAN: Well, hopefully -- MR. TREVINO: But it's changing. CHAIRMAN KAUFMAN: -- the people will live longer than the trees. MR. TREVINO: Have a good day. Appreciate it. BOARD MEMBER RUBENSTEIN: Two years. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case -- we're still under imposition of fines -- No. 13, CEVR20220005103, Ana Iris Hernandez and Saul Garcia Torres. THE COURT REPORTER: Are you translating? MR. BOONE: I'm translating, and I'm also an environmental consultant helping on the case. 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. BOONE: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. MR. GARCIA: Yes. THE COURT REPORTER: Your name? MR. BOONE: Jeremy Boone with Earth Tech Environmental. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, also. MR. GARCIA: Saul Garcia. CHAIRMAN KAUFMAN: Okay. All right. Would you like to read this into the record for us, Cristine? MS. PEREZ: Yes. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. April 25,2024 Page 94 Past orders: On July 31st, 2023, the Code Enforcement Board issued finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6279, Page 3460, for more information. The violation has not been abated as of April 25th, 2024. Fines have accrued at a rate of $50 per day for a period from October 30, 2023, to April 25th, 2024, 179 days, for a total fine amount of $8,950. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is also $59.28, for a total of $9,009.28. CHAIRMAN KAUFMAN: Okay. Thank you. Sir? MR. BOONE: Yes. Good morning, everyone. My name is Jeremy Boone, again, with Earth Tech Environmental. I have been hired by Mr. Saul to find a resolution to this case. I was brought online to kind of assess what some of the deficiencies have been, becoming familiar somewhat with the history on the case, and working with Environmental Review to come to an agreeable resolution on behalf of Mr. Garcia. I've had several correspondences, you know, with the environmental team and with Cristina, and we are currently in the process, after having some conversations with Mr. Craig Brown, on pursing an ag clearing permit and a fencing permit based on the use of the property, and that should satisfy the final requirements to have that restoration -- the vegetation removal permit authorized. As of this point, the ag clearing permit has been submitted. It's under review. And we are hoping to see if we can possibly get maybe 90 days so that that permitting process can be reviewed, see if possibly there are any deficiencies or corrections that need to be April 25,2024 Page 95 addressed to get this back in compliance and finalized. CHAIRMAN KAUFMAN: Okay. So what is holding up why it's not in compliance is? MR. BOONE: We are waiting for an ag clearing permit to nullify restoration requirements and get everything authorized -- all the -- any of the clearing that was done, there were some trees that were removed, historically -- to get everything back into compliance. CHAIRMAN KAUFMAN: And the amount of time that you think it's going to take? MR. BOONE: I'm thinking it will probably take 30 days for it to be initially reviewed. It will probably take me a couple of weeks after that to address any potential insufficiencies that the county may find, and then upon a potential re-submittal at that time, it might take the county another 30 days. So I'm thinking 90 days should give us an appropriate window to finalize all those authorizations. CHAIRMAN KAUFMAN: Okay. Comments, questions from the Board? BOARD MEMBER AYASUN: Nope. CHAIRMAN KAUFMAN: Okay. Well, the only thing that we are allowed to do when you have a case that's not in compliance would either be to impose the fine or grant a continuance. This thing has gone on since -- closing in on a year. It's probably even before that. Anybody want to make a motion? BOARD MEMBER RUBENSTEIN: Yeah, I will. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I'd like to make a motion to give the party a continuance of 100 days, and the fines will continue. CHAIRMAN KAUFMAN: Okay. Let me give you a suggestion on your motion. Make them in increments of 30 days April 25,2024 Page 96 because that's how we meet. BOARD MEMBER RUBENSTEIN: Correct that to 120 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: To help you out. BOARD MEMBER FUENTES: And today's operational costs. BOARD MEMBER RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: And today's operational costs of 59.28 to be paid within 30 days. Is that your motion? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You realize that the fines are going to continue to accrue. So the faster you get it done and approved, the lower the fines will be. MR. BOONE: Yes. CHAIRMAN KAUFMAN: Okay. Thank you. MS. PEREZ: Thank you. MR. GARCIA: Thank you. MS. BUCHILLON: Next case, No. 17, CESD20210001490, Cecilio Martinez Resendiz and Maricela Valero Martinez. MR. MENDEZ: Good morning. MS. MARTINEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the April 25,2024 Page 97 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MENDEZ: I do. MS. RUIZ: I do. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, ma'am. MS. RUIZ: Yes. My name is Circe Ruiz. I'm with -- CHAIRMAN KAUFMAN: You can pull it down so you don't have to stretch. MS. RUIZ: Cirse Ruiz with HKL & Associates. I am the agent for the docket. I submitted the new updated agent authorization that I can speak on behalf of the owners. CHAIRMAN KAUFMAN: Okay. MR. MENDEZ: That is correct. We have that on file. CHAIRMAN KAUFMAN: Okay. MR. MENDEZ: And here is the authorization. CHAIRMAN KAUFMAN: Okay. This was an unpermitted carport and accessory structures, if I'm reading that correctly. MS. RUIZ: Yes. MR. MENDEZ: That is correct. CHAIRMAN KAUFMAN: Raul? MR. MENDEZ: Yes. Raul Mendez, for the record, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Are you new? MR. MENDEZ: Yes, I'm new to the state of Florida, new to Collier County, and it's been a pleasure working with the county and Code Enforcement. CHAIRMAN KAUFMAN: Do you realize that if you're new, you have to wash the cars of the Board? BOARD MEMBER FUENTES: He's not washing my car. CHAIRMAN KAUFMAN: Okay. You want to read this into April 25,2024 Page 98 the record for us, please. MR. MENDEZ: Sure. This is in regards to CEB Case No. CESD20210001490. Location is 3371 14th Avenue Southeast, Naples, in regards to an unpermitted carport and other accessory structures. Past orders: On September 22nd, 2022, the Code Enforcement Board issued a findings 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, OR6181, Page 445, for more information. On February 23rd, 2023, and October 26th, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has not been abated as of April 25th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 21st, 2023, to April 25th, 2024, for a total of 461 days for a total amount of 46,100. Fines continue to accrue. Previously assessed operational costs of 59.28 and 59.42 have been paid, operational costs for today's hearing is $59.70, for a total amount of $46,159.70. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: We've been trying diligently working and to bring all to compliance. And our setback was with environmental issues. So we have hired, in the past four weeks, a new technician that -- he's going to re -- meet with the county and take assessments of the land, because we have submitted the -- sorry for my -- the VRP, the vegetation removal permit three times. We have submitted also the revised site plan four times. And county staff has been maintaining the position that they are wetlands even though we've submitted a wetlands survey that it's not April 25,2024 Page 99 wetlands, that the property is on 100 percent uplands. So we talked to -- her name is Andrea, I believe. MR. MENDEZ: Michaelle Crowley. MS. RUIZ: Michaelle. And she's very, very helpful to us, explaining all that we needed to do. So since we went against the wall really, we have hired this person so he can help us bring everything to -- up to code and assist us with the environmental issues so we can get this case closed. CHAIRMAN KAUFMAN: This one goes back to September of 2022. MS. RUIZ: Yes. CHAIRMAN KAUFMAN: That's a long time ago. MS. RUIZ: Yes. CHAIRMAN KAUFMAN: What has been done since September of '22 to bring you into compliance? MS. RUIZ: Well, we've been, like I said, talking to the environmental people to help us, because they remove -- and the owner didn't know he was supposed to get permits before he remove anything. And now he tried to plant by -- and he says, no, we cannot -- you cannot do that unless you get a real permit from them, you know, what to plant. And that's why we hired this technician -- environmental technician to help him so we can close this up. CHAIRMAN KAUFMAN: So in a year and a half, that's what's been done? MS. RUIZ: No. For a year and a half, we've been working with the site planning. We have submitted it twice with -- for the wetlands. We met and submitted the several site plans for this, and we just need the vegetation permit, the VRP, to be approved. CHAIRMAN KAUFMAN: Well, as I explained before, this is not into compliance, so the only two things that we can do is to April 25,2024 Page 100 impose the fine or grant a continuance, which means the fines will continue to accrue. Anybody from the Board want to comment on this, make a motion? BOARD MEMBER BHATLA: How much -- BOARD MEMBER RUBENSTEIN: Go ahead. BOARD MEMBER BHATLA: How much time will it take to do it? MS. RUIZ: I was asking to see if I can get 120 more days so he can meet -- you know, the new technician meet with the staff, go to the site, take samples, everything -- BOARD MEMBER FUENTES: The problem is the case has been open since 2021. MS. RUIZ: Yes, I understand. BOARD MEMBER FUENTES: It's a three-year-old case. There's only so many continuances that we can grant. I think -- for me personally, I think I'm more on the fence of imposing the fines at this point. It's just been three years. It's just going to go to another two years. A hundred and twenty-something days, that's -- MS. RUIZ: Well, we hope with this, you know, it's final. We don't want to, you know, drag it more time. It's been dragging. BOARD MEMBER FUENTES: Make a motion. BOARD MEMBER RUBENSTEIN: You want to make it? BOARD MEMBER FUENTES: No, you make it. BOARD MEMBER RUBENSTEIN: Go ahead. BOARD MEMBER FUENTES: No, go ahead. I can even hear you whisper. So go ahead. I don't know what you were saying. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion, Mr. Chairman -- April 25,2024 Page 101 CHAIRMAN KAUFMAN: Yes, sir. BOARD MEMBER RUBENSTEIN: -- to reduce the county fine from 46,159.70 -- BOARD MEMBER FUENTES: No, no. It's not abated. It's in violation. CHAIRMAN KAUFMAN: It's in violation. BOARD MEMBER BHATLA: Continuance. CHAIRMAN KAUFMAN: The only thing we can do is grant a continuance or impose the fine. BOARD MEMBER RUBENSTEIN: I want to impose it, then. BOARD MEMBER BHATLA: Grant a continuance of 120 days. CHAIRMAN KAUFMAN: Hold on. Go ahead. BOARD MEMBER RUBENSTEIN: You could jump in after me. BOARD MEMBER BHATLA: No, no. You go. BOARD MEMBER RUBENSTEIN: I'll yield to my comrade next to me. CHAIRMAN KAUFMAN: Okay. Bart, you want to make -- BOARD MEMBER RUBENSTEIN: Go ahead. CHAIRMAN KAUFMAN: You want to make a motion, Bart? BOARD MEMBER BHATLA: I'll make a motion of continuance of 120 days and the fine continues. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: And today's payment is 59.70. CHAIRMAN KAUFMAN: I'll include -- BOARD MEMBER BHATLA: And the hearing costs of $59.70. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. April 25,2024 Page 102 CHAIRMAN KAUFMAN: We do have a second. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. That motion fails. Anybody else want to make a motion? BOARD MEMBER FUENTES: I'll make a motion. BOARD MEMBER RUBENSTEIN: I'll take a whack at it. BOARD MEMBER FUENTES: Go ahead. BOARD MEMBER RUBENSTEIN: Go ahead, John. BOARD MEMBER FUENTES: No, no. Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion to decline the county 46,159.70 -- CHAIRMAN KAUFMAN: No, no, no, no, no, no, no, no. That stays and continues. BOARD MEMBER FUENTES: So you can either add the continuance for amount of days that you find fit, or you can impose the fines currently because we've been in violation for three years. BOARD MEMBER AYASUN: Go ahead, John. BOARD MEMBER FUENTES: I would make the motion that at this time the county imposes the fines and that today's operational costs of $59.70 get paid within 30 days. BOARD MEMBER RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. April 25,2024 Page 103 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER BHATLA: I oppose. CHAIRMAN KAUFMAN: Okay. One opposed. It passes. The fines have been imposed, and they will continue to accrue. MS. RUIZ: Okay. CHAIRMAN KAUFMAN: Okay. MR. MENDEZ: Thank you. CHAIRMAN KAUFMAN: Thank you. Welcome to Code Enforcement. MR. MENDEZ: So thank you. Look forward -- CHAIRMAN KAUFMAN: My car's outside and -- BOARD MEMBER AYASUN: You're too funny. You're going to get yourself in trouble. CHAIRMAN KAUFMAN: That's okay. I'm old. MS. BUCHILLON: All right. We've got some cases, no respondents present. We're back up to public hearings, D, hearings, Number 6, CEVR20230004069, Thomas A. Crenna, and also No. 7, CEAU20230003296, Thomas A. Crenna. CHAIRMAN KAUFMAN: He was here the last time, I thought, wasn't he? Okay. Cristine, do you want to -- we'll hear them both at the -- and vote on them separately. MS. BUCHILLON: Yes, sir. Would you like for me to put on the record the mailing? CHAIRMAN KAUFMAN: Yes, do that. And let me state for the record that the respondent is not present. MS. BUCHILLON: Okay. Respondents were notified regular and certified mail April 11, 2024, and it was posted at the property April 25,2024 Page 104 and courthouse April 11, 2024, for both cases. Swearing? One moment, please. CHAIRMAN KAUFMAN: We're going to get Cristine a magnifying glass. MS. PEREZ: I was having a hard time with presentation. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. I put my document in the wrong file. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. Let me put this back. This is in reference to Case No. CEVR20230004069 dealing with the violation of the Florida Building Code -- I'm sorry -- dealing with the violation of the Collier County Land Development Code 04-41, as amended, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), addressing the violation of native vegetation removed where the total area cleared exceeded the one acre allowed to be cleared by the building permit issued for the construction of the principal structure located at 44901 18th Street Northeast, Naples, Florida, 34120. Folio 39655920001. Service was given on May 15, 2023. The notice of violation was posted at the property and courthouse. In addition, notice of violation was mailed regular and certified mail. This case was initiated on May 9, 2023, as a complaint in regards to the entire backyard being cleared of all trees. Research was conducted and found property consisting of a 1.59-acre parcel was improved with the building of a single-family home in 2005. Data was reviewed and found that the property showed a major April 25,2024 Page 105 change of vegetation coverage more impressively between the years of 2020 and 2021. No vegetation removal [sic] was found. The initial investigator, John Delia, made contact with the property owner, Mr. Thomas Crenna. According to the documented information of the case determination form, Mr. Delia noted that the investigator had met with the property owner who stated that since Hurricane Irma the slash pine trees in the rear yard were dying from a beetle infestation and felt that the standing dead trees were a safety hazard. As a result, they were slowly removed -- they slowly removed the pines over the past four years and have planted fruit trees over time in its place. The determination form, photos, and aerial maps were reviewed by Development Review Director -- Division Director Jaime Cook with the stated information of the owner's reasoning for the tree removal and response was received. The property was in violation of overclearing without a valid permit. Section 3.05.02.F.1.A of the Collier County Land Development Code 04-41, as amended, does allow for the clearing of up to one acre or less when a building permit has been issued for the permitted principal structure. That building permit serves as the clearing permit for that first acre. Therefore, additional clearing beyond the original one acre granted for the house permit would require a vegetation removal permit with justified reason. Director Cook's response of the clearing for the beetles would be allowable -- an allowable reason with proof of such or a clearing permit would also be issued for the fruit trees as justified reasons, but it requires the issuance of the vegetation removal permit for documentation or restoration of native canopy trees if a permit is not issued. As of yesterday's observation, the property conditions remain April 25,2024 Page 106 the same, and the vegetation removal application that was initially submitted remains incomplete. I would like to present case evidence in the following exhibits: Three photographs taken by previous investigator John Delia on May 9th, 2023, that are stored on a shared drive program to which I have access to; five photos taken yesterday, April 24th, 2024, by myself; the environmental determination form signed by the division director confirming the vegetation removal permit or restoration of the native vegetation is required; there's also permit research information showing no valid vegetation removal permit has been issued; and aerial maps showing the property from 2019 through 2024 where you could see the clearing. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Can I get a second? BOARD MEMBER BHATLA: Second. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: So these were photographs taken on May 9th, 2023, by Investigator John Delia, and these photographs were taken from the respondent's backyard. So this shows all these trees that you see here are fruit trees that April 25,2024 Page 107 the respondent had stated that they had planted. So this is viewing towards the back of the property. There's a variety of fruit trees. This is closer to the premises -- to the residence, but there is a still fruit trees on there. Yesterday's inspection was from the neighboring property. This is standing at the rear of the properties looking forward with the property in question being on the other side of the fence. So you can see the backyard cleared. CHAIRMAN KAUFMAN: So the pine trees are gone? MS. PEREZ: Correct. And the acknowledgment, of course, was that the pine trees were removed because of the beetle infestation. CHAIRMAN KAUFMAN: Okay. This is a 1.59-acre piece? MS. PEREZ: Right. CHAIRMAN KAUFMAN: So by permitting the structure, you can take an acre. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: So it's .59 acres that was cleared improperly. Is that -- MS. PEREZ: There was .13 of the -- in the center of the property that still had some native vegetation. So that was deemed to be okay, but it's the remainder, I believe it would be .46, that would have to be permitted. So those are the photographs. Additionally, we have the determination that was submitted by the investigator explaining the information that I read and the testimony as to the reasoning why. And the director stated down here that the property, being 1.59 acres, up to one could be cleared with the existing house. If .13 of the vegetation is remaining, then the property owner would need to account for the .46. So the permit could be obtained. If they had justified reasons April 25,2024 Page 108 such as beetle pine, they would have to provide justified information, you know, the proof of it, and then the vegetation people do obtain permits to clear for the placement of fruit trees for their consumption. So here she asked for pictures that would be requested of the beetle pine. And then also, because the property -- historically, it appeared to be more canopy structure, if he did choose to restore, they would only require the level for the canopies, not ground cover or bushes. CHAIRMAN KAUFMAN: Did they specify how many trees? MS. PEREZ: It would -- there's a consultant that would create that plan. And based on the size, that's how they would determine how much would go in there. This would be the permitted research that was completed showing that the house was built in 2005, this top permit here, and then the additional permits, a well and a shed, and then in the new computer system, there are some other permit applications that were made. Down here in the green was December 4, 2023, where there was an application submitted for vegetation removal permit, but it was incomplete at the moment, and that still remains in the same condition. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: And then, lastly, I just have the aerial photos for your observation where it shows the property from 2019, up here, 2020, you can start seeing some clearing that took place, and then 2021. 2021 it's bare, and then you can start seeing the fruit trees that are more apparent in the '22, '23, '24. CHAIRMAN KAUFMAN: Can I stop you there for a second. MS. PEREZ: Yes, sir. CHAIRMAN KAUFMAN: So in 2021, before Irma, the property was cleared? MS. PEREZ: His claiming was that that's the reason why he April 25,2024 Page 109 had removed them. CHAIRMAN KAUFMAN: But it's cleared before the storm. MS. PEREZ: So maybe he confused the storm name. BOARD MEMBER FUENTES: Why you got to bring such harsh cases? CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: This is tough. CHAIRMAN KAUFMAN: Okay. So looking for a motion whether this is in violation or not. BOARD MEMBER RUBENSTEIN: I'll make the motion that a violation exists. MR. NOELL: As part of that motion, would you be agreeable to include that the notice was proper, since the respondent's not present today, that the notice of the hearing was properly provided? BOARD MEMBER RUBENSTEIN: Okay. I'd like to make the motion that a violation exists, and the respondent is not present today. MR. NOELL: And was notified. BOARD MEMBER RUBENSTEIN: And was sent by certified mail of this notice [sic]. CHAIRMAN KAUFMAN: Okay. That was actually given when it was introduced, so we're doing it twice. MR. NOELL: It's different -- yeah. And just for clarity, whenever a respondent's not present, I'm going to ask the Board to make a finding on the record where they vote on notice was properly given just because of legal implementations for that down the road. So with Ms. Buchillon, when she provides that testimony, that's not the same as the Board making a finding by a vote that notice was proper. CHAIRMAN KAUFMAN: Okay. Okay. So we have a motion, and we have a second? April 25,2024 Page 110 BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We move onto the second case. MS. PEREZ: I'd like to present the recommendation. CHAIRMAN KAUFMAN: Okay. Do it now or later? Ops costs. MS. PEREZ: Well, I'd have to give the recommendation of the case. So the recommendation would be that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtaining all required Collier County approved mitigation plans, building or vegetation removal permits, inspections, or certificate of completion or occupancy to either keep the unpermitted improvements of the property as-is or to restore the property to an original permitted condition within blank amount of days of this hearing, or a fine of blank amount of dollars per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator within -- sorry -- when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using April 25,2024 Page 111 any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Have you been in contact with these folks? MS. PEREZ: Contact has been minimal. It's been via e-mail when we have communicated. CHAIRMAN KAUFMAN: Okay. Did they say they were going to be here today, by the way? MS. PEREZ: No. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? BOARD MEMBER FUENTES: Do they care? MS. PEREZ: I would say so. There's just been minimal communication between us. CHAIRMAN KAUFMAN: Are they elderly? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: I'll fill in the blanks. Give them 60 days, and the fine is $50 a day after that. BOARD MEMBER RUBENSTEIN: I'll second that. BOARD MEMBER AYASUN: We have a second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. April 25,2024 Page 112 BOARD MEMBER FUENTES: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Cristine, case number ending in 296. MS. PEREZ: I'd like to request to come back to that case momentarily just so I could gather my information. CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: And next case, we're going to go under old business, motion for imposition of fines and liens, No. 5, CESD20230010493, Hamdullah Invest of Southwest Florida FL, LLC. BOARD MEMBER RUBENSTEIN: What number? BOARD MEMBER AYASUN: Number 5. MS. BUCHILLON: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay, Brian, you're up. MR. OWEN: Past orders: On February 22nd of 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6339, Page 226, for more information. The violation has not been abated as of April 25th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period of March 14th, 2024, to April 25th, 2024, 43 days, for a total fine amount of a $8,600. Fines continue to accrue. Previous assessed operational costs of $59.28 has not been paid, April 25,2024 Page 113 operational costs for today's hearing is $59.28, for a total fine amount of $8,718.56. CHAIRMAN KAUFMAN: Okay. For our record, show that the respondent is not present and notice was given. MS. BUCHILLON: Respondent was notified regular and certified mail April 8th, 2024, and it was also posted at the property and courthouse April 8th, 2024. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion to impose the fine to include the 59.28 previously assessed operational costs and today's operational costs of 59.28. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And that the notice was properly given to the respondent. Now we'll get a second. BOARD MEMBER RUBENSTEIN: I'll still second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Brian. MR. OWEN: Thank you, sir. MS. BUCHILLON: Next case, No. 6, CENA20230011031, Richard Lash and Shirley Watson. CHAIRMAN KAUFMAN: Which one is this now? MS. BUCHILLON: Number 6, and we also -- 6, 7 and 8 are for the same respondent. Number 7 is CESD20230011033, and No. 8 is CELU20230009475. April 25,2024 Page 114 And I would like to put on the record respondents were notified regular and certified mail on April 8th, 2024, and it was posted at the property and courthouse April 11, 2024, for the three cases. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Do you want to read the cases into the record for us? MR. MARINOS: Yes, sir, I certainly will. For the record, Investigator Charles Marinos, Collier County Code Enforcement. Past orders: On February 22nd, 2024, 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 order to correct the violation. See the attached order of the Board, OR6339, Page 228, for more information. The violation has not been abated as of April 25th, 2024. Fines have accrued at a rate of $550 per day for the period from March 9th, 2024, to April 25th, 2024, 48 days, for a total fine amount of $26,400. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is $59.28, for a total amount of $26,518.56. BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Make a motion that the -- let the record show that the respondents were served and notified legally. We will make a motion that the county's fines do get imposed and that today's operational costs of 59.28 do get paid within 30 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. April 25,2024 Page 115 All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER RUBENSTEIN: Could we have just one discussion? I agreed with the motion. What are we going to do to clean this up? Obviously the -- CHAIRMAN KAUFMAN: That's up to the county whether they want to do it or not. BOARD MEMBER RUBENSTEIN: Jeff, when does the county get involved to clean this up? CHAIRMAN KAUFMAN: Unless you want to get out there and do it. MR. LETOURNEAU: I don't know. Are we planning on bidding this out or -- MR. MARINOS: I believe as soon as these are imposed, the intention is to bring up whether or not we want to look at doing a nuisance abatement or possibly foreclosing on the property. It's been a known nuisance property in the area for a while, well-known history with the CCSO. It's quite an extensive problem house. (Chairman Kaufman left the boardroom.) MR. LETOURNEAU: Yeah. I'm not prepared to make a decision on that yet, but we will have that discussion here. BOARD MEMBER RUBENSTEIN: I second. BOARD MEMBER FUENTES: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (Absent.) BOARD MEMBER FUENTES: (No verbal response.) April 25,2024 Page 116 All those that oppose? (No response.) BOARD MEMBER FUENTES: All right. Motion holds. BOARD MEMBER BHATLA: John, I'm going to leave. BOARD MEMBER AYASUN: He's leaving. BOARD MEMBER FUENTES: Oh, okay. Drive safe. Be careful. BOARD MEMBER BHATLA: I didn't anticipate he stepped out. We need four, yeah, okay. MR. MARINOS: Go with the next one? BOARD MEMBER FUENTES: Well, let's go ahead and wait for the Chairman real quick. Let's give it a minute. BOARD MEMBER RUBENSTEIN: Is this a single-family home or a manufactured home? MR. MARINOS: This is a -- this is a single-family home. BOARD MEMBER BHATLA: I'll stay on until -- MR. MARINOS: You may remember the pictures from a few months back; it was a guest house. RVs in the rear, extensive litter on site, people living in RV sheds, illegal guest house conversions, power secured on site, stolen electricity. FPL involved. A whole lot. BOARD MEMBER RUBENSTEIN: Do we know if the owner is deceased? MR. MARINOS: One of the owners was deceased. Her son-in-law, I believe, inherited it. He may or may not be in prison. CCSO is unsure of who's currently in charge of the property. Someone's collecting rent. It's a bit of a mess. BOARD MEMBER FUENTES: Let's move to the next case then, okay. MR. MARINOS: Let's see. Past orders: On February 22nd, 2024, the Code Enforcement Board issued a finding of fact, April 25,2024 Page 117 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, OR6339, Page 230, for more information. The violation has not been abated as of April 25th, 2024. Part 1, fines have accrued at a rate of $550 per day for the period from March 9th, 2024, to April 25th, 2024, 48 days, for a total fine amount of $26,400. Part 2, fines have accrued at a rate of $550 per day from the period from March 9th, 2024, to April 25th, 2024, 48 days, for a total fine amount of $26,400. The fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid, operational costs for today's hearing, $59.28, for a total amount of $52,918.56. MR. NOELL: Just for clarity, is this case No. 10, Titus Enterprises? MR. MARINOS: No, sir. This is Case No. 7 -- MS. BUCHILLON: Number 7, yes. (Chairman Kaufman returned to the boardroom.) MR. MARINOS: -- CESD20230011033, Richard Lash and Shirley -- MR. NOELL: Thank you. MR. MARINOS: Yes, sir. BOARD MEMBER FUENTES: I'll go ahead and I'll make a motion that the county -- let the record show that the respondent was served legally, and at this time the county would like to impose its imposition of fines $26,400, and that today's operational costs of $59.28 do get paid within 30 days. (Board Member Bhatla left the boardroom for the remainder of the meeting.) BOARD MEMBER AYASUN: Second. April 25,2024 Page 118 BOARD MEMBER FUENTES: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) It carries unanimously. We're good. MS. BUCHILLON: The next one is No. 8. CHAIRMAN KAUFMAN: We're up to 8, okay. MR. MARINOS: Sir, No. 8, CELU20230009475, for the same respondents, Richard Lash and Shirley Watson. He's almost $86,000 a month in fines accruing, on average. Past orders: On February 22nd, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct violation. See the attached order of the Board, OR6336, Page 409, for more information. The violation has not been abated as of April 25th, 2024. Part 1: Fines have accrued at a rate of $550 per day for the period from March 4th, 2024, to April 25th, 2024, 53 days, for a total fine amount of $29,150. Part 2: Fines have accrued at a rate of $550 per day for the period from March 4th, 2024, to April 25th, 2024, 53 days, for a total fine amount of $29,150. Fines continue to accrue. Operational costs of $59.28 have not been paid, operational costs for today's hearing is $59.28, for a total amount of $58,418.56. CHAIRMAN KAUFMAN: I'd like to make a motion: Impose the fine to include 59.28 that have not been paid for operational costs and the operational costs for today are 59.28, and notice to the respondents was properly done. BOARD MEMBER RUBENSTEIN: I second. April 25,2024 Page 119 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: I have a question. Could we ask the county to stop this, and that's it? Never bring it back again and just take over the land, whatever it is? Because it's a nuisance. MR. LETOURNEAU: For the record, Jeff Letoureau, Collier County Code Enforcement. I agree that it is a nuisance and that it's a blight on the community; however, the process is once the fines are imposed, it's a 30-day period before they're forwarded to the Collier County attorneys, and along with Mr. Iandimarino, they would make a decision whether or not to foreclose at that point. Now, we can look at other forms of abatement in the meantime such as, you know, bidding out the litter and stuff like that. I'm not sure the status of the property, whether it's homesteaded. You know, there's a bunch of factors that have to be taken into consideration. MR. MARINOS: It is not a homesteaded property, but it is currently occupied by an unknown number of people and in unknown number of locations. MR. LETOURNEAU: Is there any kind of, like, a bank foreclosure or anything going on here? April 25,2024 Page 120 MR. MARINOS: There's no lis pendens on this property. MR. LETOURNEAU: Okay. So, yeah, I do think that after 90 days, we will sit down with the County Attorney and look at foreclosure proceedings, I imagine. BOARD MEMBER AYASUN: Because, you know, I remember the order saying that Collier County Sheriff's Office may be involved, right? If they don't pay or nothing's happening -- MR. NOELL: Well, yeah, but it's a touchy situation when you have people living in there. You have to go through an eviction process. And we, as an entity, don't have that authority to evict people. I don't believe the Sheriff's Office have the authority to evict people unless we go through a foreclosure proceeding, and at that point, once the property is sold, then the new owners or the county, maybe being the new owner, would have the authority to start the eviction process at that point. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: What does the county consider abandonment? MR. LETOURNEAU: As far as what? Well, I mean -- BOARD MEMBER RUBENSTEIN: The property. Unable to notify the owner in person, by mail, by phone, no response. MR. LETOURNEAU: Well, unfortunately, it's not really -- it might be abandoned by the actual property owners. It's not abandoned by the people that are living in there. I'm not sure whether they have the authority from anybody that owns the property or not. I imagine they're probably squatters; however, they do have rights in this country, and there is a process of removing them. BOARD MEMBER AYASUN: The squatters' law has been dismissed in the state of Florida. You can go in and take it out. MR. NOELL: Yeah. And that's a discussion that's really -- and I appreciate the Board's work on that, but it's beyond the April 25,2024 Page 121 Board's purview. That would involve litigation, and the County Attorney's Office would make the determination on proceeding with a foreclosure or whatever means, you know, can be available. But anyone that is residing there would have a right of due process, potentially, of being in front of the Court for the Court to say, you know, you're trespassing or this is, you know, invalid, so... BOARD MEMBER AYASUN: Thank you. MR. NOELL: Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Okay. Which brings us to... MS. BUCHILLON: Brings us back to public hearings, under hearings, our last case, No. 7, CRAU20230003296, Thomas A. Crenna. (Participants were previously sworn.) CHAIRMAN KAUFMAN: Okay, Cristine. MS. PEREZ: I apologize for that. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CEAU20230003296 dealing with the violations of the Florida Building Code, 7th Edition (2020), Chapter 1, Section 105.1, and the Collier County Land Development Code 04-41, as amended, 10.02.06(B)(1)(e)(i), addressing an unpermitted fence located at 4490 18th Street Northeast, Naples, Florida, 34120. Folio 39655920001. Service was given on May 15, 2023, with the notice of violation posted at the property and courthouse. In addition, the notice was mailed regular and certified mail. This case was initiated on April 14, 2023, as a complaint in regards to an unpermitted chain-link fence. Research was conducted and found no fence permit was issued for the chain-link fence located in the rear yard of the property. A notice of violation was issued after the building official April 25,2024 Page 122 deemed that the permit was required. The property owner, Mr. Thomas Crenna, submitted a permit application but was deemed incomplete. Contact was made with the property owner, additionally, as well as via e-mail, and assistance was offered for staff to assist with the required documents if assistance was needed. As of yesterday, April 24, 2024, a site visit confirmed the fence remains and the permit application remains in the same incomplete status. I would like to present case evidence in the following exhibits: Two photographs taken by previous investigator John Delia on April 17, 2023, that are stored in a shared drive program to which I have access to; three photos taken on April 24, 2024, taken by myself; the building official's determination; permit research information showing no valid fence permit has been issued; and an aerial map of the property. CHAIRMAN KAUFMAN: I'll make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: So here's the photograph of the -- behind the principal structure of the fence in question, chain-link fence. This is standing on the neighboring property. This pole here belongs to the neighbor. He was in the process of installing a fence. This shorter April 25,2024 Page 123 fence in the back is the fence in question. As of yesterday's site visit, the fence is -- this is a view of the front of the property, and the fence is still located on the property in this area. This is just a zoom-in of that area, and this is from the neighbor's yard, but you could see the fence in this back area back here. Additionally is the building determination from the building official where they're asked about the fence erected in the rear of the property needing a permit, and it is signed that a permit is required for the fence. The permitting information, as seen in the other case, where the application here highlighted in yellow was applied for on May 25th, 2023, but the application was deemed incomplete. No other fence permits were found. And here is aerial maps of the property. This is a map in 2019. The fence is located in this area. It comes around here on the side of the property and down in here. That's it. CHAIRMAN KAUFMAN: Okay. Make a motion that a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. April 25,2024 Page 124 Okay. You have a suggestion for us, Cristine? MS. PEREZ: Yes, sir. Recommendation: That the Code Enforcement Board orders the respondent to pay operational costs in the amount $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion or occupancy to either keep or remove the unpermitted fence within blank amount of days of this hearing, or a fine of blank amount of dollars per day will be imposed until the violation is abated. Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let me make a motion that we impose the 59.28 court costs, be remediated by 60 days, or $50-a-day fine thereafter, and that the respondent was properly notified and is not present. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) April 25,2024 Page 125 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Was that it? MS. BUCHILLON: Actually, we want to come back to the imposition of fines, No. 7? CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Which -- when the fines were imposed, we only heard one amount of the 26,400. So he wants to clarify. MR. LETOURNEAU: Chuck, can you put that back up on the board? MR. MARINOS: Absolutely. So we believe there might have been a slip of the tongue just reading that fine amount into the case, and so for the record we just want to get that clarified. MR. NOELL: Can we do this then, just procedurally? Can you make a motion to reopen that case number for reconsideration, and then if the Board approves that, then take continued testimony. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion to reopen case number -- that's an eye test for me. MR. MARINOS: Fair enough. CE -- BOARD MEMBER FUENTES: CESD202300111033. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? April 25,2024 Page 126 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. What do we want to do on this? We want to clarify the fine? MR. MARINOS: Yes, sir. We believe that, just in the process of reading it off, the fine amount was read as 26,400, which is Part 1 or Part 2, but not both. BOARD MEMBER FUENTES: Oh. MR. MARINOS: So the total fine amount would be -- CHAIRMAN KAUFMAN: 58,000 and change? MR. MARINOS: $52,918.56, including both operational costs. CHAIRMAN KAUFMAN: Okay. Get a motion to approve that? BOARD MEMBER FUENTES: Yep. I will make the motion to approve the $52,800 as -- MR. MARINOS: 52,918. BOARD MEMBER FUENTES: Nine hundred and eight. MR. MARINOS: Eighteen. BOARD MEMBER FUENTES: Eighty. Is that what he's saying? MR. MARINOS: 52,918.56. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? April 25,2024 Page 127 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: Thank you, gentlemen. BOARD MEMBER FUENTES: Man, I feel dumb after that. CHAIRMAN KAUFMAN: That's okay. You'll get over it. MS. BUCHILLON: That's okay. It happens. CHAIRMAN KAUFMAN: Excuse me? MS. BUCHILLON: It's okay. It happens. I'm going to have to go buy Hooked on Phonics. BOARD MEMBER AYASUN: Is this it? MS. BUCHILLON: We're done. THE COURT: Okay. MR. LETOURNEAU: Number 10 was done? CHAIRMAN KAUFMAN: Before we adjourn, I just wanted to let you know that our attorney is going to e-mail us -- he's going to e-mail us the rules and regulations about the Sunshine Law, and we'd like everybody to review that before our next meeting -- MR. NOELL: Thank you. CHAIRMAN KAUFMAN: -- and we can discuss it at that time. MR. NOELL: Thank you, yes. And I'll include my phone number, so if there's any questions, feel free to give me a call. BOARD MEMBER AYASUN: Are we operating under the Sunshine? MR. NOELL: Yes. BOARD MEMBER AYASUN: Oh, we are? I didn't know that. CHAIRMAN KAUFMAN: Yeah. Okay. We are adjourned. ***** ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:31 p.m. CODE ENFORCEMENT BOARD BERT FMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on// v 3/�D, , as presented y or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.