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CEB Minutes 06/27/2024June 27, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, June 27, 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 Kathleen Elrod Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate Sue Curley (Excused) Lee Rubenstein (Excused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board June 27, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless time is -- additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I hope you all understand that. Now if you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Let's start out with the approval of the minutes. Anybody have any problems with the minutes? (No response.) CHAIRMAN KAUFMAN: Nope. BOARD MEMBER AYASUN: So moved. MS. BUCHILLON: Roll call? CHAIRMAN KAUFMAN: Roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. June 27, 2024 Page 3 MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley is excused. Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein is excused. Mr. Taker Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And, Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. CHAIRMAN KAUFMAN: Okay. To Lee, I'm sure he's watching, one of our members. He's under the weather. Get better soon, Lee. We'll miss you. Okay. We move on to the agenda. MS. BUCHILLON: Okay. We have some changes. We actually have some stipulations. I just got a new one. First stipulation No. 3, CELU20230010096, Henal Myrthil. Next stipulation, No. 6, CEVR20210010567, Angel Madera, Jr. Number 11, CESD20230002663, Gerry Gonzalez and Laura Gonzalez. And we have the withdrawals. Under public hearings, D, hearings, No. 4, CESD20220009626, Joselin Banegas, has been withdrawn. Number 9, CESD20230009015, Lisa Marie Silverman Estate in care of Lori Ann Doucette, Pr., has been withdrawn. Under old business, motion for imposition of fines and liens, No. 1, CESD20210011051, Naples Preserve Villas, LLC, has been withdrawn. Number 11, CESD20210004950, Carlos Valdes and Dulce June 27, 2024 Page 4 Valdes, has been withdrawn. Number 14, CEVR20220010205, Best Homes Builder at Golden Gate, LLC, has been withdrawn. Number 15, CESD20170016790, Jeffrey Lee Smith, Jr., and Valerie C. Smith, Revocable Trust, has been withdrawn, and those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion for the Board to accept the agenda as modified? BOARD MEMBER ELROD: I make a motion to accept. BOARD MEMBER AYASUN: Second. BOARD MEMBER BHATLA: I'll second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Who's up first? MS. BUCHILLON: ***We're going to start with the attorneys, and I have under public hearings for emergency cases, 1, CEPM20240002894, Pacifica Laurel Ridge, LLC, in care of Pacifica Companies, LLC. CHAIRMAN KAUFMAN: Now, which case is that on the agenda? Number? MS. BUCHILLON: Actually, it's not on the beginning of the agenda. June 27, 2024 Page 5 CHAIRMAN KAUFMAN: Okay. So, Helen, we don't have anything on this one? MS. BUCHILLON: I saw him here. MS. BOLGAN: We're here. BOARD MEMBER ELROD: We don't have any paperwork. CHAIRMAN KAUFMAN: Correct. We don't have any paperwork on this, Jeff? MR. LETOURNEAU: Pardon? CHAIRMAN KAUFMAN: We don't have any paperwork on this case? MR. LETOURNEAU: Probably -- it wasn't sent. It was put on the agenda after the -- after it was made, so I don't think -- MS. BUCHILLON: After the agenda was generated, yeah. CHAIRMAN KAUFMAN: Okay. We'll wait for the county to explain what it is, and we'll go from. Jonathan. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning. So if this was on our paperwork, it would be listed under emergency cases. MS. BUCHILLON: It would be listed under hearings. We would have made it before we generated the agenda, yeah. CHAIRMAN KAUFMAN: Okay. C on our paperwork. BOARD MEMBER AYASUN: Yeah. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. MS. BOLGAN: I do. MR. BELIAS: I do. MR. MUSSE: For the record, Jonathan Musse, Collier County June 27, 2024 Page 6 Code Enforcement. CHAIRMAN KAUFMAN: Okay. And? MS. SCLAFANI: A witness, Heather Sclafani. CHAIRMAN KAUFMAN: Okay. If you could state your name on the microphone for us, too. MS. BOLGAN: I'm Denise Bolgan. I'm regional manager for Pacifica Residential. CHAIRMAN KAUFMAN: Okay. Do you want to, when you speak, move that -- that's it -- so I can hear. MS. BOLGAN: Denise Bolgan, residential manager for Pacifica Residential. CHAIRMAN KAUFMAN: Okay. MR. BELIAS: Lenz Belias, asset manager for Laurel Ridge. THE COURT REPORTER: Can you say your name again? CHAIRMAN KAUFMAN: When you get to be my age -- MR. BELIAS: Lenz Belias. Lenz, L-e-n-z. CHAIRMAN KAUFMAN: -- you lose your hearing. Okay. Jonathan. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. This is in reference to Case No. CEPM20240002894 in dealing with the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(1), 22-231(9), and 22-231(12)(p), missing drywall and vanity in downstairs bathroom -- bedroom and bathroom; water damages to the plywood located in the ceiling and possible microbial growth; missing plate on the light switch; missing calking on the upstairs tub that can potentially create a water intrusion located at 5436 Laurel Ridge Lane, Unit 32, Naples, Florida 34116. Folio No. 36180080008. Service was given on April 10th, 2024. I conducted an initial inspection on March 27th, 2024, where I June 27, 2024 Page 7 observed the issues mentioned earlier. I spoke to the property manager at the time, Ms. Ramos, who sent me an estimate for an air test from Standing Watch Restoration and stating in the e-mail that it was elevated and are currently working on estimates for the duct replacement and would provide me with results of the post-remediation test after replacement. The case was reviewed by the building official stating that the permit is -- a permit is required for the removal of the drywall, vanity, and expected restoration on the affected areas. Spoke to the complainant who informed me that the violation remains. At that time, I issued the notice of violation. On April 10th, I met with the property manager, Ms. Ramos, and supplied her with a courtesy copy of the notice. Also met with Eric Benz of Waterly, hired by the corporation to assist with permitting and repairs. On April 11th, I received an e-mail from Ms. Ramos stating that the remediation removed all damaged drywalls and cabinets and are waiting for the duct to be removed to properly sanitize prior to installing the new ducts. Conducted numerous inspections. No change in the violation. I was told that Tricia Harrison of Pacifica Companies is now involved and that she has reached out to the complainant. The complainant informed me that on several occasions she was told that someone will be on site to start the repairs, but no one ever showed. On June 15th, I received an e-mail from the complainant along with videos showing no change in the violation and an active leak from upstairs. At that time I requested the case to be presented as soon as possible. On June 19th, I posted a notice of hearing on the property. The complainant allowed me to enter the property to take updated photos. At this time I did not see any leaks. The complainant -- the June 27, 2024 Page 8 complainant's son informed me that usually the leak happens when the -- they use the upstairs bathtub. Also posted a courtesy copy of the notice in the front office, which was closed at the time, and sent a courtesy copy to all Pacifica involved. At this time, I would like to present the case evidence in the following exhibits: 26 photos I took on June 19th, 2024, and three videos taken by the complainant, Mrs. Sclafani, sent to me on June 15th, 2024. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MUSSE: Mr. Belias has, and Ms. Denise just came in, so I didn't get an opportunity to show her the photos. MS. BOLGAN: No, sir, I have not had an opportunity to view the photos. I am the new regional manager and have taken over this case. Ms. Ramos is no longer with the company, so I've stepped in to rectify this issue. CHAIRMAN KAUFMAN: Okay. Do you have any objection to those photos? Can you show the respondent the photos before we start? MS. BOLGAN: Thank you, Jonathan. CHAIRMAN KAUFMAN: Do you have any objection to those photos being entered into evidence? MS. BOLGAN: No, sir, I don't. BOARD MEMBER ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. We've got a motion. Do we have a second? BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. June 27, 2024 Page 9 BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Jonathan. MR. MUSSE: These photos were taken on June 19th. CHAIRMAN KAUFMAN: It must have been nighttime. MR. MUSSE: It was really dark. This is the downstairs bathroom. They removed the vanity and the drywall. Closer photo of the same. That's the downstairs shower. The ceiling of the bathroom. We're still in the bathroom. CHAIRMAN KAUFMAN: So what you said earlier, there is no permit to do the removal; is that correct? MR. MUSSE: There's no permits on file for demolition or expected renovations. CHAIRMAN KAUFMAN: Okay. Good. Thank you. MR. MUSSE: This is from the bathroom, and that right here is leading into her bedroom closet. This is from her closet. This is where the leak -- Ms. Sclafani will come up and explain her situation. She can introduce her videos that she submitted. They were saying that they noticed that the HVAC system in the utility closet and laundry room, sometimes it floods and causes some water intrusion into the downstairs. Both times when I inspected, I haven't seen any flooding, but Ms. Sclafani can testify to it. And this is the tub that the -- her son told me that usually when they use, it starts the water intrusion from the downstairs. Missing light switch. June 27, 2024 Page 10 So at this time I'd introduce Mrs. Heather Sclafani. She is the resident in this unit, and she can give her testimony; she can present her videos. CHAIRMAN KAUFMAN: Okay. You may want to pull the microphone down a little bit. There you go. MS. SCLAFANI: And I can introduce the -- which ones? MR. MUSSE: So, unfortunately, it didn't go through, those photos, so I've got three videos right here. MS. SCLAFANI: Okay. This leak happens every other week. It happened again last night. We have to hook up our vacuum to the outside, pull the -- it comes out of the wall -- to suck it out, and then the reservoir around the water heater fills up, and we have to get the water out of there. It's been happening since last September. I did notice a little bit of mold on the ceiling to begin with, but I had gotten mold spray, and I tried to clean it up. I did have Lenz come over, and he was very helpful in the situation. And it just went from there. It got worse. And I noticed at the end of March that it was all over my closet wall that was removed, and once they got in and seen it, it was throughout the entire bathroom. They did have an A/C company come in and replace some of the ducts but not all of them. The three that they could not replace were in a tight area. They said that they were not able to replace those. They had some people that did show up to do estimates. There were others that said that they were going to come and didn't. I missed a lot of work, and I got fired. And the ones that did show up provided an estimate, and I was told by Ms. Ramos that they were -- that corporate would not okay those because they were too high. And I work in insurance, so I had other restoration companies, so I had them come out recently. And I had one company that was willing to work with their price range to June 27, 2024 Page 11 get the job done. But Ms. Ramos was let go over whatever the case is, and Denise has been very helpful since she's become aware of the situation. And we spoke yesterday afternoon, and she has agreed to transfer our unit. Me and my four kids have been dealing with the mold, and we've all had pneumonia that we can't get rid of. So she is working the best that she can to get us transferred as soon as possible. That's -- CHAIRMAN KAUFMAN: When you say "transferred," move to a different -- MS. SCLAFANI: A different unit that she says that the people are going to be moving out next month or in a couple days and that she's going to make sure that the unit is saved for us to move into. She has also noticed that I am a single mom of four, and I don't have the funds to hire a moving company. So they helped me out with a concession, and they gave me a month's rent free to -- so I can hire a moving company to help me out. So since Denise has been involved, it's been excellent. Lenz has been good on communications, but he was kind of the middle person between Ms. Ramos and I, and Ms. Ramos was very not helpful at all. She was very rude. She did not take care of the problem. She said people were going to show up; they didn't show up. And it was very frustrating to deal with her. So I'm very thankful for Lenz and Denise getting involved and taking care of it, so thank you. MR. MUSSE: Yeah. I was going to mention that Denise just came in, and Mr. Belias is fairly new to Laurel Ridge and, you know, they had to take on this challenge, both communities, Mer Soliel and Laurel Ridge. So they have been great with communication. Better than the last property managers that I dealt with in the past. So they're doing -- they're taking the necessary steps. June 27, 2024 Page 12 CHAIRMAN KAUFMAN: Okay. Good morning. MS. BOLGAN: Good morning, sir. CHAIRMAN KAUFMAN: Do you have any questions of the county? MS. BOLGAN: No, sir. I'm new to this county, so -- I'm also new to this area to Naples. CHAIRMAN KAUFMAN: Okay. MS. BOLGAN: So I'm learning, and I'm willing to work with them to get it done. I definitely don't want her and her family to be in a situation where they need to live in those such living conditions. We've made some major changes in our staff that were desperately needed, and Pacifica is committed to taking that unit and rehabbing that unit the way it needs to be done. Moving her as quickly as we possibly can and compensating her to be able to do so is what, for me, our focus is. CHAIRMAN KAUFMAN: Okay. And the end of the month is next week, so do you think that unit that's going to be available -- MS. BOLGAN: It's going to take -- yes, sir. Based on my inspection of that unit, it's probably going to take us about a week and a half to turn it, a week to week -- maybe two weeks max to get that unit ready for her and her family. CHAIRMAN KAUFMAN: Okay. MS. BOLGAN: So I'm willing to -- like, we're willing to -- you know, we aren't expecting her to pay rent during that time and just forego that and give her the concession of what her rent amount, the 1462, to be applied towards her moving expenses. CHAIRMAN KAUFMAN: Okay. So it seems like everybody's working together to resolve this situation. Did you want to put this on the record, Jeff? Was that the point? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. June 27, 2024 Page 13 Before I knew that this young lady took over the new property management job, I was prepared to ask for a maximum penalty due to the fact of the past history of our property maintenance cases on this property. But at this point I feel that this -- that she's going to take care of the situation, and hopefully going forward we don't have the issues that we had in the past. CHAIRMAN KAUFMAN: And the resident, you're satisfied with what's going on now? MS. SCLAFANI: With both of them involved, yes, I have faith that everything's going in the right direction. Denise has been very, very understanding and great communication, so she's -- she's really worried about our family, and I appreciate that. CHAIRMAN KAUFMAN: Okay. In light of that, do you have a recommendation for us? First of all, we need to find out whether this unit was in violation or not. Anybody want to make a motion to that effect? BOARD MEMBER ELROD: Make a motion there's a violation. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion a violation exists and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And your suggestion for us? June 27, 2024 Page 14 MR. MUSSE: The county recommends 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 obtaining any required Collier County building permits, inspections, and certificate of completion for the repairs completed to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within X amount of days, or a fine of X amount of dollars will be imposed until the violation has been abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So you think that this thing will be done, from what the respondent's saying, within 30 days, probably within two weeks; is that correct? MS. BOLGAN: Two weeks to get her relocated to the new unit, yes, sir. CHAIRMAN KAUFMAN: Right. And then the violation is the one for a permit to do the work. Do you have a contractor that's going to be pulling a permit and all the -- MS. BOLGAN: Yes. We will have a contractor that will pull the required permits to pull us into compliance with the county. CHAIRMAN KAUFMAN: How long do you think that would take? MS. BOLGAN: It shouldn't take us maybe, I would say, two weeks for us to get those permits pulled. CHAIRMAN KAUFMAN: We like to talk in months. So do June 27, 2024 Page 15 you think it would be done in a month or two? MS. BOLGAN: I would say two months. Just give me two months. It will give me ample time to get everything and to educate myself on what permits are needed. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: My only concern -- and I do believe that they're going to take care of it. Maybe make this a two-part order. Have this -- the respondent -- I mean, the complainant -- give them two weeks to have her moved, and then give them a good amount of time to get the permits issued. BOARD MEMBER AYASUN: That's what I was going to suggest. This is two separate cases. I think this part is pretty clear. I think we should add in that the plaintiff -- or the lady who lives there now should come back into the next meeting and tell us everything has been taken care of; she's moved. That would be the last week in July. MS. SCLAFANI: Okay. BOARD MEMBER AYASUN: Because, you know, that's important that they move to a new place. MR. LETOURNEAU: Again, I think the wording should be "cease occupation" of the particular unit within two weeks, or a fine, yeah, and then whatever you want to do for the permit part. MR. MUSSE: If she can't make it to the next hearing, if she can't take off of work, would you be able to use my testimony to verify that? CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER AYASUN: Yeah. MR. MUSSE: Okay. CHAIRMAN KAUFMAN: Bart, do you have a question, comment? Anybody -- BOARD MEMBER BHATLA: I don't have a question. June 27, 2024 Page 16 CHAIRMAN KAUFMAN: So does anybody want to fill in the blanks, or would you like me to? BOARD MEMBER ELROD: Have at it, Chairman. CHAIRMAN KAUFMAN: Have at it. Okay. Part 1, that the respondent be moved to the next unit within, I'll say, 30 days, and that the permit on Part 2 of the order -- or $100-a-day fine thereafter, and Part 2 is a permit to cover the work being done to resolve the leaks, if you will, be done within two months, or a fine of $200 per day for that one. What am I forgetting? MR. NOELL: If I may, would you be agreeable to just wording the first part that that unit ceases occupancy? That way we don't get into any contractual rights between these two parties. CHAIRMAN KAUFMAN: That's what I said. MR. NOELL: Yes, sir. Thank you. CHAIRMAN KAUFMAN: And the 59.28 -- that's the court costs, if you will -- be paid within 30 days. That's $59.28. BOARD MEMBER AYASUN: And I second that motion. CHAIRMAN KAUFMAN: Okay. Are we all set? All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MS. BOLGAN: Thank you. June 27, 2024 Page 17 CHAIRMAN KAUFMAN: Thank you very much for stepping up. MS. BOLGAN: Thank you. MS. SCLAFANI: Thank you. CHAIRMAN KAUFMAN: Thank you. Next? MS. BUCHILLON: Next -- I was supposed to call Mr. Lombardo, and I confused his case with this one first, but he's coming up now. ***Next would be public hearings, under motions, motion for extension of compliance deadline, No. 1, CESD20220010598, HGG Management, LLC. MR. LOMBARDO: Good morning, members of the Board. Zach Lomb -- sorry. 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. LOMBARDO: Yes. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. LOMBARDO: Zach Lombardo, for the record. CHAIRMAN KAUFMAN: Joe, I think we know who you are. MR. MUCHA: Joe Mucha, supervisor, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. So we have a case here. You're asking for? MR. LOMBARDO: Yeah, there's a series of commercial buildings here. There are three commercial units. They are currently vacant as a result of this issue, so there's no tenants in there. We applied for permits, received review comments that require June 27, 2024 Page 18 structural engineering to be accomplished. So we've since retained a structural engineer to propose the fix. This necessitated a change in contractor due to the nature of the work. We've retained a new contractor. That change-of-contractor form is in the permit file. But my desperate hope was that this would be done by this meeting, because we all talked about this a couple months ago, and obviously, it's not done by this meeting. We did coordinate with Officer Johnson, who I don't believe is on this case anymore, but then I spoke with Officer Mucha. I don't believe there's an opposition. We're asking for three months to continue to finish this. And I think just some mitigating things to think through is, again, there are no tenants, and so if anyone is incentivized to get this done, it is certainly my client who is carrying the building without rent at this moment while he tries to sort through the structural issue. CHAIRMAN KAUFMAN: So you're asking for? MR. LOMBARDO: Three months to extend the compliance deadline. CHAIRMAN KAUFMAN: Okay. Joe. MR. MUCHA: The county has no objection to that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to extend for three months. CHAIRMAN KAUFMAN: Okay. We have not fined this; is that correct? MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: Okay. So I don't have to worry about "fines continue to accrue." Okay. When did this start, just for -- MR. LOMBARDO: This -- no, go ahead. MR. MUCHA: It's been a couple years. June 27, 2024 Page 19 CHAIRMAN KAUFMAN: Okay. MR. LOMBARDO: And just to put something on the record, so we -- there was a -- it did start a couple years ago; however, the permitting process was not -- we sat down with the county in January to get the chart for how to fix this, and we've been working on it since that point in time. So certainly the case number is a 2022 case number, and that's not favorable; however, there has been demonstrable progress in the past couple months actually retaining the appropriate professionals, drawing the buildings. I hope there was an initial attempt to hope that this would just go away, and it did not just go away, so now contractors and engineers and lawyers are working on this. CHAIRMAN KAUFMAN: How confident are you that you'll be done in three months? MR. LOMBARDO: Well, since I was confident that I would be done before today, I guess I have to say that I'm slightly nervous standing here before you on that question, but I think it should be able to be done because all the drawings are done. I've seen the engineered drawings, so it seems like this is something that can be accomplished in this time period. But if your suggestion is that maybe we have four or five months, I would accept that. CHAIRMAN KAUFMAN: No, I'm not looking to extend it any longer, personally. MR. LOMBARDO: Oh, okay. I misunderstood the question. CHAIRMAN KAUFMAN: So three months here. Fairly confident that it will be done? MR. LOMBARDO: Fairly confident. CHAIRMAN KAUFMAN: And when we say "done," that means CO'ed. MR. LOMBARDO: Yeah, the permit has to be closed. So June 27, 2024 Page 20 that's understood on my end as a non-contractor. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. BOARD MEMBER BHATLA: Do you have a permit in hand at the moment? MR. LOMBARDO: We have a permit application. It was rejected because of the structural issue. So when we went in for the demo permits, one of the three units, there's -- the fire department took issue with one of the beams, and so we had to get structural engineering for that one unit, and that one's kind of holding up the whole thing. BOARD MEMBER BHATLA: No, my question is, you have a permit in hand, approved? MR. LOMBARDO: No, I have three permit applications and a review comment. BOARD MEMBER BHATLA: So then three months may not be enough to implement because we don't know about the approval process of the permit, how long it will take to approve. CHAIRMAN KAUFMAN: Well, we're going to have to take the respondent’s thought that it will be done in three months to include the CO on the permit. If not, he'll be back here, and at that time we can address that. Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) June 27, 2024 Page 21 CHAIRMAN KAUFMAN: Okay. Carries unanimously. Well, we hope we don't see you in three months. MR. LOMBARDO: Thank you. Speaking of that, I am on the next case as well. MS. BUCHILLON: He's on the next case, yes. CHAIRMAN KAUFMAN: Oh, no. You only get one case -- MR. LOMBARDO: Look, I wish that were the case. MS. BUCHILLON: ***Number 2, CESD20220008942, Salvatory A. Iannotta. 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. LOMBARDO: I do. MR. IANNOTTA: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name. MR. IANNOTTA: Salvatore Iannotta. CHAIRMAN KAUFMAN: You can state your name again. MR. LOMBARDO: Zach Lombardo, for the record. CHAIRMAN KAUFMAN: Okay. Jason. MR. PACKARD: Jason Packard, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Now we know who everybody is. MR. LOMBARDO: Good morning, again. Mr. Iannotta owns 355 Hancos Way. I actually represent the lender in this case. We are -- in this one there's an environmental issue, and so we've retained Turrell Hall to see if we can obtain an exemption. Essentially, everything is completed except for the permitting piece, and so we are working to see if we can get an June 27, 2024 Page 22 exemption from the permitting agency for the environmental permit which would resolve this. But this, of course, requires a significant amount of environmental analysis. The initial pervious/impervious analysis has been completed, and I can submit that into the record if that will be helpful. But we're asking for six months to complete the environmental permitting process. CHAIRMAN KAUFMAN: So what I'm looking at here, our little summary, it says, "A steel building and concrete pad completed prior to issuing building permit." MR. LOMBARDO: Correct. CHAIRMAN KAUFMAN: And the building permit, you say, is being held up by environmental issues? MR. LOMBARDO: It's being held up by several things, but everything else is being worked through. So there was a floodplain issue, but the county worked with us on adjusting the base flood elevation for this site. But the issue that the county can't resolve by itself is the environmental permitting issue, and so we have retained Turrell to work through to the environmental permitting issue. CHAIRMAN KAUFMAN: And this is, again, a case that starts with 2022, so it's back from 2022. MR. LOMBARDO: Yes, sir. CHAIRMAN KAUFMAN: So it's an oldie. Okay. And you think in six months you'll have everything resolved? MR. LOMBARDO: On this one, I think in six months we should have the environmental issue resolved, but then we have to finish the permit. But I think it would be fair for us to be back in this room in that time frame to make sure that we have a plan. CHAIRMAN KAUFMAN: Okay. Comments from the Board? (No response.) June 27, 2024 Page 23 CHAIRMAN KAUFMAN: Any motions from the Board? MR. LOMBARDO: One more just piece of information. The -- what -- the reason -- what is making the environmental issue strange is it turns out that there was an enforcement action back in the '90s that was not completely resolved, and the documentation from DEP does not make clear where the impacted area from the '90s was. We've made a series of public records requests to DEP. And so there was a little bit of a -- well, not a little bit. There was a lot of bit of confusion with DEP over what was the new environmental issue versus what was already paid for, because the prior owner received a consent order, paid an environmental fine for what they did on the property, but because of the docketing system, the -- that order does not actually say where the area was. It just says, "Here's a number of acres that was impacted." And so we're sorting -- we're fighting through with DEP which portion of the property was impacted previously. So that's kind of what's leading to the -- CHAIRMAN KAUFMAN: Is this a wetlands? MR. LOMBARDO: It's a wetlands issue. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? BOARD MEMBER BHATLA: Do we have a recommendation? MR. NOELL: Just prior to the motion or any recommendation, Mr. Iannotta, you're good with Mr. Lombardo speaking on your behalf in this matter? MR. IANNOTTA: Yes, sir. MR. NOELL: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Do you have any -- MR. PACKARD: Six months is reasonable to the county. Mr. Iannotta has worked with us throughout the entire process. CHAIRMAN KAUFMAN: Okay. So I'm looking for a June 27, 2024 Page 24 motion from the Board. BOARD MEMBER BHATLA: I move -- I move to give him six months. CHAIRMAN KAUFMAN: Okay. We have a motion to grant the six-month extension. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously, okay. MR. LOMBARDO: Thank you. CHAIRMAN KAUFMAN: One way or the other, we'll see you again. MR. LOMBARDO: Yes, sir. MS. BUCHILLON: ***Next case, under old business, motion for imposition of fines and liens, No. 2, CESD20220010204, Shore Woods A Condominium. CHAIRMAN KAUFMAN: Give me a minute as I rifle through all of the paperwork. BOARD MEMBER BHATLA: Old business. BOARD MEMBER AYASUN: It's under old business. 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. June 27, 2024 Page 25 MR. BUNNER: I do. MS. BUCHILLON: Mr. Kaufman, you have the wrong one. It's the executive summary. CHAIRMAN KAUFMAN: Oh. MS. BUCHILLON: Number 2. I put the numbers on the top. CHAIRMAN KAUFMAN: It's not an EOT? MS. BUCHILLON: No, sir. We just did that one. CHAIRMAN KAUFMAN: Okay. Okay. I understand. Sir. MR. BUNNER: Good morning. My name is Stanley Bunner, and I represent Shore Woods. I come here today to request a 180-day continuance for the reasons that I'll explain on the record. I'll state that I just realized, as I sat there, this is the first time I've before this board in 21 years. So I'm a little rusty -- or 23 years. I've represented this client only for two weeks. I just became aware of it two weeks ago. I immediately called Mr. Collier, tried to get to the bottom of what was going on. This is an old case. You can see it's a 2022 case, but in a certain sense it's not an old case. Reason being, my client began putting new cladding, wood cladding on the exterior of their condominium buildings. They were under the impression, and their contractor told them, that they did not require a permit. That was obviously incorrect. And then Ian struck and work stopped, but work had begun, and they got their first notice of violation. After Ian, they couldn't do anything going forward for over a year. They couldn't engage anyone. At this point, they do recognize that they have to get a permit. They have a permit applied for. What they're missing, in order to get final approval of the permit, is signed and sealed engineer drawings. The preliminary engineering drawings I have here. They June 27, 2024 Page 26 were completed on the 10th of June. I have every reason to believe they'll be completed by the end of the month. At that time, it will be submitted, and the permit should be squared away, and we'll get inspections to come in at the completion of the work and make sure that's all done. There's no health-and-safety issue here. This is, you know, wood cladding that's just being replaced on some buildings. The reason why I asked for 180 days is, as I said, I've represented these people only since the 12th of June, I became aware of it, and I want to get all my ducks in a row so that I can come back. To be candid with the Board, unless I can pull a rabbit out of hat, I don't know that I won't just be coming back, once work is completed, with mitigating factors, but that's why I'm asking for the 180 days. Obviously, it's in my client's best interest, as soon as they get the permit approved, they get everything squared away, get the inspections, you know. They want to come back and get this out of the way. So as soon as that's done, notwithstanding the continuance, we'll request to get back on the agenda and get this matter closed out. CHAIRMAN KAUFMAN: Okay. When did they realize that they needed a permit, since it's several years ago? MR. BUNNER: Well, I think the answer to that question is when they got their first notice of violation. But what I'll tell you is that the management within -- the property manager turned over several times after Ian. It's a small community. It's -- they're not very expensive units. And, you know, as I said, quite frankly, I can't explain how we got to where we are here today, but after I came on board on the 12th, we've made every effort to get back to where we need to be. And, you know, I can only promise the Board that I'll make my best efforts for that to happen. CHAIRMAN KAUFMAN: Well, it looks like we need their June 27, 2024 Page 27 best efforts. When was the notice of violation issued? MR. COLLIER: I believe, if memory serves me, I think it was issued in November of 2022, maybe December. CHAIRMAN KAUFMAN: So they realized that they had a problem when they got the notice of violation two years ago? MR. BUNNER: Correct. And at that time, everything was stopped because of Ian, and they were unable to engage anyone after Ian. They didn't -- they lost their contractor. CHAIRMAN KAUFMAN: When was Ian? MR. BUNNER: Ian was September of '22, the very end of '22. So whatever had been done was effectively destroyed by Ian, and at that point they had no contractor. They couldn't engage anyone. They couldn't engage any engineers. I mean, if you think about it, this is just replacing some wood cladding on a couple condominiums. You know, there weren't a whole bunch of contractors lining up to take a little job like that after Ian because it was small dollars. So they were effectively stuck in a state of noncompliance. CHAIRMAN KAUFMAN: Okay. I mean, they've accrued fines of 55- -- 55-, almost $56,000. If we grant an extension of time, it's just going to increase that dollar amount. Yes, Jeff. MR. LETOURNEAU: A continuance, you mean. CHAIRMAN KAUFMAN: I mean a continuance -- it's just going to increase from 55- to -- at $200 a day, it becomes quite expensive. MR. BUNNER: Which is why it would be in my client's best interest to get it squared away and return and end the continuance as quickly as possible and rip off the Band-Aid. I mean, I don't know that -- I don't know that the fines do not continue to accrue if you were to not grant the continuance and start today. It would just be June 27, 2024 Page 28 more difficult for my client. MR. LETOURNEAU: I would say that the county would object to an extension, but we would definitely be amenable to a reasonable continuance. CHAIRMAN KAUFMAN: Continuance. Extension eliminates the fines. Continuance, the fines continue to accrue. As -- since you haven't been here and you're rusty, I just wanted to explain that. MR. BUNNER: I think I asked for a continuance, but I could be wrong. CHAIRMAN KAUFMAN: No, I agree. Just for the record. Okay. BOARD MEMBER FUENTES: I think we should impose the fines. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER FUENTES: No, I'm just -- I think that it's been quite some time. I think it would be better just to impose the fines and have them come back once it's completed, and we can readdress the issue. MR. LETOURNEAU: You won't be able to readdress if you impose. That will be out of your hands at that point. BOARD MEMBER FUENTES: Just my thoughts, I guess. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? BOARD MEMBER ELROD: It's not going to fix it if we impose the fines. If we give him a chance to fix it, it can be fixed. CHAIRMAN KAUFMAN: One way or another, it's got to get fixed. BOARD MEMBER ELROD: Correct. CHAIRMAN KAUFMAN: So whether we impose the fines now or -- I mean, obviously, it's in the respondent's best interest to fix June 27, 2024 Page 29 this thing ASAP because the fines continue to accrue on a continuance, so... BOARD MEMBER ELROD: I'll make a motion to grant the 180 days' continuance and pay today's occupational [sic] costs. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. And so the motion is to grant a continuance of 180 days, and the court costs for today, 59.28, to be paid within 30 days; is that correct? MS. BUCHILLON: No, 59.35. CHAIRMAN KAUFMAN: I'm sorry. I missed it by 7 cents. Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. So you have 180 days. I would think that it would be really in their best interest to come back long before six months, because six months at $200 a day, is -- BOARD MEMBER AYASUN: That's a lot of money. CHAIRMAN KAUFMAN: -- a lot of money, okay. MR. BUNNER: I agree. Thank you very much. CHAIRMAN KAUFMAN: Thank you. MR. COLLIER: Thank you. BOARD MEMBER FUENTES: Where's Lee? CHAIRMAN KAUFMAN: Hmm? MS. BUCHILLON: ***We're back to public hearings, under June 27, 2024 Page 30 hearings, first stipulation, No. 3, CELU20230010096, Henal Myrthil. CHAIRMAN KAUFMAN: Which one is this? Under -- is this under imposition of fines? MS. BUCHILLON: No. Stipulation. No. 3. I don't know if she gave you a copy. CHAIRMAN KAUFMAN: I've got it. You can't tell who's who without a score sheet. 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. FORGES: Yes. MR. MYRTHIL: I do. CHAIRMAN KAUFMAN: Good morning. MR. FORGES: Good morning, everybody. CHAIRMAN KAUFMAN: Could you state your names on the microphone for us. MR. FORGES: Yes. It's good? CHAIRMAN KAUFMAN: I can hear you. MR. FORGES: Okay. This is Sonny Forges (phonetic), and my cousin, Henal. And he had five acre and a half down on 41, and he tried to help some friends send some stuff overseas, Haiti, which we have a lot of problem there. And the place is, you know, really full with stuff, and we -- it was so hard to ship stuff over there, past -- last couple years because of the gangster over there, and now we decide, which is -- CHAIRMAN KAUFMAN: Jason. MR. FORGES: -- Jason, and he tried to figure it out. We got to move stuff. We just need some extension day, and when things situate in Haiti, we can start, you know -- it's pretty much for friend and family, stuff they got there. June 27, 2024 Page 31 CHAIRMAN KAUFMAN: Okay. So you came to an agreement for 120 days, and if you exceed that, it's going to be $100 a day; is that correct? MR. FORGES: Yeah, that's why he, you know -- CHAIRMAN KAUFMAN: Okay. MR. PACKARD: I can read it into the record. CHAIRMAN KAUFMAN: Do you want read the stipulation into the record for us, Jason? Thank you. MR. PACKARD: 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 ceasing the use of the property as a storage yard for vehicles, storage containers, and commercial vehicles, which is not a permitted, accessory, or conditional use in the agricultural zoning district, within 120 days, 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 in 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. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER FUENTES: Second. June 27, 2024 Page 32 CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to you. MR. FORGES: Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next stipulation, No. 6, CEVR20210010567, Angel Madera, Jr. BOARD MEMBER AYASUN: There's no respondent. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Good morning. Let the record show the respondent is not present. And, Helen, do you want to tell us what notification was sent? MS. BUCHILLON: For the record, respondent was notified regular and certified mail May 30, 2024. It was also posted at the property and courthouse May 31st, 2024. CHAIRMAN KAUFMAN: Okay. It's all yours. MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: June 27, 2024 Page 33 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 approved mitigation plans, building/vegetation removal permits, inspections, and certificates of completion/occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to its originally permitted condition within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And you had -- you met with the respondent; he agreed to all this? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Do you feel that he can meet these dates? MR. MARINOS: Yes, sir. The bulk of the problem is now done. DEP is done and over with, so at this point in time it's just an ag clearing permit from us. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? June 27, 2024 Page 34 BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Chuck. MR. MARINOS: Thank you. MS. BUCHILLON: ***Last stipulation, No. 11, CESD20230002663, Gerry Gonzalez and Laura Gonzalez. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. GONZALEZ: Laura Gonzalez. CHAIRMAN KAUFMAN: Okay. You've been sworn? BOARD MEMBER AYASUN: Not yet. CHAIRMAN KAUFMAN: I'm sorry. I interrupted Terri. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. MS. GONZALEZ: I do. CHAIRMAN KAUFMAN: And if you would, state your name on the microphone. MS. GONZALEZ: Laura Gonzalez. CHAIRMAN KAUFMAN: Okay. Sherry, do you want to read this stipulation into the record for us? MS. PATTERSON: I do. Good morning. For the record, Sherry Patterson, Collier June 27, 2024 Page 35 County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted interior home renovations, demolition of the washroom, and an unpermitted open porch, within 90 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. If the violation is -- I'm sorry. Excuse me. I lost my place there. That if -- No. 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 Department to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Mrs. Gonzalez, no problem? MS. GONZALEZ: Well, we started buying the house. We thought that it was going to be ours. Apparently, some other people had other agendas. So we're going through litigation right now. So I was trying to ask the county to see if I could have an extension until we have litigation done. That way we could finish the house, you know, to fix it up. CHAIRMAN KAUFMAN: So -- well, according to what I have in front of me, you think you can get this all done within 90 June 27, 2024 Page 36 days, three months? MS. GONZALEZ: Yes sir. Yes, sir. CHAIRMAN KAUFMAN: Okay. And if you can't, then the best thing to do would be to contact Sherry and come back here -- MS. GONZALEZ: Okay, yes, sir. CHAIRMAN KAUFMAN: -- and we go from there. Okay. MS. PATTERSON: Okay. CHAIRMAN KAUFMAN: So anybody have a question from the Board or want to make a motion? BOARD MEMBER ELROD: I'll make a motion that we accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Sherry. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thank you, Mrs. Gonzalez. MS. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next -- we're still under public hearings. ***First case, No. 1, CESD20230002147, Victor Manuel R. Zacarias and Loyda Avigail Castro Valdez, and also, No. 2, June 27, 2024 Page 37 CELU20230002149, same respondents. CHAIRMAN KAUFMAN: Okay. Two cases. So it looks like we will hear both cases together, and we'll vote on the outcome separately. MS. BUCHILLON: Whatever works for you, sir. CHAIRMAN KAUFMAN: Sir, could you -- did you swear everybody in, Ter? I'm sorry. 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. RODRIGUEZ: Yes, ma'am. MS. PEREZ: Yes, I do. MS. VALDEZ: Yes. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us. MR. RODRIGUEZ: Yes. I'm Elder Rodriguez, and this is my mother, Loyda. CHAIRMAN KAUFMAN: Okay. When she speaks, we need to move the microphone over and down a little bit. MS. VALDEZ: I Loyda. CHAIRMAN KAUFMAN: Okay. Very good. Okay. Cristine. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This case is in reference to Case No. CESD20230002147 dealing with the violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i), a side-by-side mobile home placed on the property prior to obtaining a Collier County building permit. Location is at 1526 Sugarberry Street, Naples, Florida 34117. June 27, 2024 Page 38 Folio number is 00309040004. Personal service was given on June 9th of 2023. The notice of violation was signed by Mr. Elder Rodriguez, who is the son of the property owners. This case was initiated as a referral from the department -- Development Review division regarding a property that is zoned agricultural where the double-wide mobile home had been placed without the issuance of a building permit or an approved site plan for the property. At the time, Investigator John Delia was assigned the case. He made contact with the property owner through their son, Mr. Elder Rodriguez. The property was purchased by current owner in August of 2018. Property Appraiser's map will show you that in 2018 there was no mobile home on the site. Maps from 2020 through 2022 do show a single size rectangular object, but in 2023 and 2024, the double-wide sectioned mobile home is visible in both of those aerials in the current location. Mr. Rodriguez has explained that the intent of the mobile home is to be used in conjunction with the use of an agricultural business if they can get that approved through the county. If not, then he will see if he could get it permitted on site or remove it from the property. Much time has been spent trying to find a solution for the land use that they are trying to get approved, but to that it has -- it has remained the same. So the structure remains on the property not in use. It's not connected to utilities. It's just placed on the property without a permit. So I'd like to present case evidence in the following exhibits: I have one photograph that was taken on March 23rd, 2023, and one photograph taken on June 26th, 2024. The first photograph was taken by the then Investigator John Delia, the second was taken by June 27, 2024 Page 39 Investigator Craig Cooper, and both of those photos are stored in a shared drive to which I have access to. I also have aerial photos from Property Appraiser's office to view from 2018 through 2024, and all of that -- the photos and the maps have been shown to Mr. Elder and his mother. CHAIRMAN KAUFMAN: Okay. Do you have any objection to the photos? MR. RODRIGUEZ: No, sir. BOARD MEMBER ELROD: I'll make a motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion -- BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: -- and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PEREZ: So you could see the structure that's located here in this back area, that was the March photo, and then the photo -- the structure remains here on site. And as mentioned before, it's not being used. It's not connected to utilities. This is the structure in question right here. This is a 2024 aerial -- I'm sorry -- 2023 aerial, and then here's '22 where there was something here, but this is where the structure's located; it's not there. June 27, 2024 Page 40 '21, 2020, 2019, and here's when they first originally purchased the property in 2018. CHAIRMAN KAUFMAN: Okay. So the notice of violation was initially given when? MS. PEREZ: The notice of violation was issued in -- on June 9th, 2023. CHAIRMAN KAUFMAN: About a year ago. MS. PEREZ: Correct. So the problem with the mobile home is that they cannot permit the home just to live on it. The property is zoned agricultural, but it does not have a mobile home overlay, so the primary use of the property cannot be a mobile home. What -- if he -- if they do get -- the second case is for the land use operation on the property. If they can get that project approved, like he wants to try to get a wholesale nursery, then if he has an agricultural use on the property, he can permit the mobile home temporarily for the use of that use. Once that use goes away, then the mobile home would have to go away as well. So right now, you know, with this, he can't move forward with permitting the mobile home until the next case is resolved, and if that's approved, then the mobile home -- you know, he can try to get that permitted. If not, then his only option right now, if he can't get his second case resolved, would be to remove the structure from the property. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: But it would be a temporary fix? MS. PEREZ: It would it be -- it would be temporary, as long as the business is valid. If it's valid for 10 years, 20 years, then it could be on there, right. There's no limit, like, how many years it could be there as long as that agricultural business is in use. CHAIRMAN KAUFMAN: So right now the county is saying June 27, 2024 Page 41 that that needs a permit to be on the property, forgetting about the second case? We'll hear that next. MS. PEREZ: Yep. CHAIRMAN KAUFMAN: Okay. So you're up. You put that mobile home on the property after you bought it? MR. RODRIGUEZ: Yes, sir. CHAIRMAN KAUFMAN: And did you know you needed a permit at that time? MR. RODRIGUEZ: No. I was actually told that I was exempted to being agricultural. I was misguided throughout this whole process, and I would like to correct it, follow through the correct way. CHAIRMAN KAUFMAN: Could I ask who misguided you? Was it the county or -- MR. RODRIGUEZ: DEP. I spoke to a couple other people from the county. They kept leading me different places. And I finally met Cristina, and she's been very helpful. CHAIRMAN KAUFMAN: Okay. Well, I guess the first thing we have to find out is is this in violation, the mobile home on the property without a permit? BOARD MEMBER ELROD: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. June 27, 2024 Page 42 BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. That's Part 1. We'll get to Part 2 in a second. And do you have -- Cristine, you have a recommendation for us on that? MS. PEREZ: Yes, sir. Recommendation: The county recommends 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 building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted mobile home within blank amount of days of this hearing, or a fine of blank amount of dollars will be imposed until the violation is abated; Number 2, that the respondent must notify the code enforcement investigator when the violation has been abated in order to correct the -- to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So if this second part of this case -- or the second case gets resolved, that automatically resolves this case; is that correct, Jeff? MR. LETOURNEAU: I'm sorry. I wasn't listening. I'm sorry. No, I was doing something. CHAIRMAN KAUFMAN: I said, "Do you owe me $500?" MR. LETOURNEAU: It's in the mail. I told you that already. June 27, 2024 Page 43 MS. PEREZ: He objects. MR. LETOURNEAU: No, go ahead. CHAIRMAN KAUFMAN: If the second case absolves the first problem, then the first problem goes away? MR. LETOURNEAU: If the second case absolves the first case, we would do an affidavit of compliance at that point, and it would absolve the first case. CHAIRMAN KAUFMAN: Okay. That was my question. BOARD MEMBER ELROD: Question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: How long will it take to resolve the second problem? MS. PEREZ: Well, would we be able to -- since you found it's in violation, to place your recommendation on hold and hear the second case, and then you could maybe perhaps do a one-time recommendation for both -- CHAIRMAN KAUFMAN: Well -- MS. PEREZ: -- time-frame wise? CHAIRMAN KAUFMAN: Well, I think what we could do is just close out the first one with your recommendations, we fill in the dates and the dollar amount, and we leave enough time before things start occurring, which would give us the opportunity. We'll hear the second case, and then if the second case gets resolved, we know what happens to the first case. Does that work? MR. LETOURNEAU: That sounds reasonable, yes, sir. CHAIRMAN KAUFMAN: Okay. So somebody want to try filling in the blanks on the first case? BOARD MEMBER ELROD: But that was my question. How long would the second one take, so we know how much time to give the first one? CHAIRMAN KAUFMAN: Well, we have to hear the second June 27, 2024 Page 44 case before you know that. MR. NOELL: I think staff can make a recommendation, though, on this first case with eyes towards the second case but make a recommendation on this case so we can have a separate order for this case. MS. PEREZ: So with the other -- with the other case, it's going to -- the compliance is going to take a site improvement, site development, or a conditional use, which could be a lengthy process. It could -- in the hallway we spoke about nine to 12 months, you know, which is -- because they have started communicating with the vendors that they need to work with, but the time frame that he was looking at would be, you know, no less than 12 months to get the paperwork in place, and then the approvals from the county and then move forward to prepare the site for the county's approval of how it should be. BOARD MEMBER FUENTES: Okay. Three hundred sixty-five days. CHAIRMAN KAUFMAN: Right. BOARD MEMBER FUENTES: $500 per day. MR. LETOURNEAU: Do you think a year's reasonable, Cristina? MS. PEREZ: I would think so. BOARD MEMBER FUENTES: Cristina's all knowing, we know that, so let's go with hers. CHAIRMAN KAUFMAN: Well, if it doesn't, then the respondent has the opportunity to come before the Board. So your recommendation is 59.28 paid within 30 days, 365 days to come into compliance -- BOARD MEMBER FUENTES: Five hundred. CHAIRMAN KAUFMAN: -- or a fine of $500 per day. Okay. June 27, 2024 Page 45 BOARD MEMBER AYASUN: That's a long time. CHAIRMAN KAUFMAN: Okay. So any other comments on the motion? (No response.) CHAIRMAN KAUFMAN: Do we have a second on the motion? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: It is seconded. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. Bart, are you opposed or -- is it a yes or no? BOARD MEMBER BHATLA: Yes. CHAIRMAN KAUFMAN: Yes, okay. Okay. So that takes care of the first case. Now we go to the second case. Okay. Cristine. MS. PEREZ: ***Okay. Good morning. For the record, Cristina Perez, Collier County Code Enforcement supervisor. This case is in reference to Case No. CELU20230002149 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(a), Section 2.03.01(A)(c)(12), and of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179, an agriculturally zoned property with a large amount of vegetative debris being brought onto the property for composting. The property June 27, 2024 Page 46 was being used as a recycling and transfer station. Located at 1256 Sugarberry Street, Naples, Florida 34117. Folio No. 00309040004. Personal service was given on June 9th, 2023. The notice of violation was served to the property owner's son, Mr. Elder Rodriguez. This case was initiated as a referral from the Development Review division regarding a property on agricultural zoned property where vegetative debris was being hauled into the property to be mulched and composted. Property appeared to be operating as a recycling transfer station without approvals from Collier County. At the time Investigator John Delia was assigned the case, and he made contact with the property owners' son, Elder. The property was purchased by the current owner in August of 2008. Property Appraiser aerials will show you that in 2018 -- I'm sorry. The property was purchased August 2018. The map will show you from 2018 the parcel was vacant and did not have this vegetative debris. In 2023, the debris is visible on over 50 percent of the property. Staff has been in contact with Mr. Rodriguez through the course of the case, and he's explained the intent was never to become a recycling or transfer station or a mulching operation, but they want the debris to be able to compost it into organic soil to use the property as a wholesale nursery business operation. Mr. Rodriguez has worked on registering the property with the State as a wholesale nursery and obtain an ag-bona-fide use but, unfortunately, that still requires the approval process with the county, to which he believed the approvals with the State would be sufficient. After clarifying the information, a pre-application meeting was submitted on April 9th, 2024. So after he and I started talking, he explained, you know, his misguidance as he thought that because he was zoned agricultural and he had registered the property with other June 27, 2024 Page 47 entities, that that would be sufficient for him to be able to legally operate as a nursery. He did apply for a pre-application meeting, and that was held on May 23rd, 2024. The approved -- an approved plan hasn't been issued. After that meeting, Mr. Rodriguez was asked to submit a zoning verification letter explaining the composting process and ask if a determination be made if he would have to do a conditional use or if he could go with something more simple, such as a Site Improvement Plan or the Site Development Plan. Mr. Rodriguez has stated that he has already reached out to an engineering company and a landscaping architect so that he could start working on that site plan once he's committed [sic] that verification letter. So as of today, no site plan has been approved, so the debris does remain on site. They have machinery on site where they have started to mulch some of the debris down, remove some off the property. So the initial photos are from -- that were taken when the cases were started, and the debris has gone down since then. And you can see it on the aerial photos as well. So I'd like to present case evidence in the following exhibit: Five photos taken on March 23rd, 2023, by then Investigator John Delia and two photos taken on -- or three photos taken on June 26th, 2024, by Craig Cooper; the aerial photos from Property Appraiser's Office showing the maps from 2018 to 2024; the zoning determination; and the pre-application notes. They're pretty lengthy. But if there was any information you'd like from there, we do have those as well. And all this information has been shared with Mr. Elder and his mother. CHAIRMAN KAUFMAN: Okay. And do you have any objection to these being entered into evidence? MR. RODRIGUEZ: No, sir. June 27, 2024 Page 48 CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. BOARD MEMBER ELROD: Make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. What's the size of the property, Cristine? MS. PEREZ: It is a 4.9-acre. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: So this is the original photo that you saw with the other case where the structure's on site, and then these are piles of mulch debris that was brought in. And correct me if I'm wrong, Elder, these were brought in after Hurricane Ian. MR. RODRIGUEZ: Yes, during Hurricane Ian. And the property is a little over five acres. MS. PEREZ: Okay. Yeah, it says 4.9 on the Property Appraiser. But this is -- there is some litter debris on the property, which litter was cited as part of the -- well, this was back then. There was some litter on there. But you could see the size of the commercial vehicle in conjunction to the mulch piles or the debris piles. June 27, 2024 Page 49 And then this is the property now where there is still some mulch piles, but this is the machine that's being used to do some of the composting to mulch the stuff down and remove it from the property. You can see the piles are smaller. And then this is the size -- you know, mostly throughout the property, as you saw in one of the first original photos, they were beyond the size of the commercial vehicle. And then the aerial photos. This is what it would be now in comparison to 2013 when it first came in. 2022, '21, 2020, 2018, 2019, and '18. But most important photos would be the current one and when the case started. And we do have our zoning determination from Mr. Ray Bellows in the Zoning department, our Zoning manager, where he does explain that the subject property is zoned agricultural within the Receiving Lands Zoning Overlay. This zoning district requires a conditional use or an approved Site Development Plan to operate as a collection or trash station -- transfer station or for the processing or reduction of soil waste material, and conditional use is also required for mulching, as well as if then they want to do the nursery, which is a permitted use, they would still need a development plan. CHAIRMAN KAUFMAN: Okay. So what are we waiting on now? MS. PEREZ: So because of Mr. Elder's understanding thinking it's ag-zoned property, I get the wholesale nursery documentation approved with the State of Florida. He believed that he would be -- and he did get his ag exemption -- tax exemption with the Property Appraiser's office. He believed that that would all be sufficient. He didn't understand that the State requirements don't supersede the county requirements. So he did have this pre-application meeting on March 23rd. He was provided guidance, which is the pre-application notes that are June 27, 2024 Page 50 included in here as well where it's a 20-page document. But he was given good feedback as far as what he would need to do in order to submit this project. The only stipulation that Mr. Rodriguez has is that he does not want to be considered a composting or a transfer recycling station. He wants to be just nursery, so that's why he's hired the engineer to find the simplest way to be able to resolve his problem but also give his family, you know, the goal that they're trying to achieve. CHAIRMAN KAUFMAN: Okay. And did they give you some idea how long that was going to take to become a nursery? MR. RODRIGUEZ: To become a nursery, no, sir. MS. PEREZ: This contact was just made -- like, you just hired these people, right? You're just starting to meet with them? MR. RODRIGUEZ: Yes, correct. MS. PEREZ: So he's at the beginning of this process. That's why when we talked about a time frame, we talked about that nine to 12 months for him to be able to get through the process with his vendors and then the submittal and the approvals through the county. CHAIRMAN KAUFMAN: So the 365 days that we granted on the first case, if we grant it on this case, they'll both come due at the same time? MS. PEREZ: Correct. And I think that they are -- now that he knows what he needs to do, he's diligently been working towards -- towards that. CHAIRMAN KAUFMAN: Okay. So the first thing we need to do is to vote whether a violation exists. BOARD MEMBER ELROD: Make a motion that a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? June 27, 2024 Page 51 BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And you have a recommendation for us, Cristine? MS. PEREZ: Yes, sir. The county recommends 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 obtaining all required Collier County zoning approvals, all related permits, inspections, and issuance of the certificate of completion or occupancy for the unauthorized improvements of the property, or remove all unauthorized accumulation of vegetative debris to a site intended for final disposal and restore the property back to its original permitted state within blank amount of days of this hearing, or a fine of blank amount of dollars will be imposed for each day the violation remains. 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 property into appliance 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. Anybody want to take a shot at filling in the blanks? June 27, 2024 Page 52 BOARD MEMBER FUENTES: The problem is we have the debris there as well. So, I mean, we can't grant 365 days. MS. PEREZ: So if he is issued -- if he is issued approval for the wholesale nursery or the -- through a site development condition, whichever way he chooses to go, some of the debris would be able to remain on site because some of the composting could be used as an accessory to his nursery operation. BOARD MEMBER FUENTES: Okay. MS. PEREZ: Not the whole amount, and we've talked about that. There is a percentage that would be allowed based on the -- you know, how much of that property is utilized for the nursery. CHAIRMAN KAUFMAN: Do you want to make it a two-part? BOARD MEMBER FUENTES: Because he can use some of it. We just don't know what amount. BOARD MEMBER ELROD: He's already reduced a lot of it as well. CHAIRMAN KAUFMAN: Let me ask the respondent: You're mulching as we sit here? MR. RODRIGUEZ: I have currently stopped at the moment, after I got the notice from the county, from the Code Enforcement. So I left everything on pause. CHAIRMAN KAUFMAN: Okay. In all likelihood, you'll probably get approved. And my question to you is, approximately how long would it take to mulch up the stuff that is on the property that you want to mulch up? MR. RODRIGUEZ: I think I would need the nine to a year -- nine months to a year. CHAIRMAN KAUFMAN: Okay. So it all falls in the same time frame. June 27, 2024 Page 53 MS. PEREZ: I would recommend to Mr. Elder that when he applies for that zoning verification letter, that he questions what percentage he would be able to keep. That way he knows from the very beginning how much he would be possibly able to keep with approvals, and he could start removing whatever he may not be able to keep. CHAIRMAN KAUFMAN: He you could remove it or -- I guess if you mulch it. MS. PEREZ: If he mulches it down and he's able to utilize on site for -- you know, as landscaping stuff, that would be okay. But anything that he would not, you know, be using or needing for that project, then he could possibly remove it if he finds out ahead of time how much he could keep. CHAIRMAN KAUFMAN: Okay. It all falls within 365 days one way or the other. So anybody want to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: If not, I'll do it. BOARD MEMBER ELROD: Go for it, Boss. CHAIRMAN KAUFMAN: Okay. 59.28 to be paid within 30 days, 365 days to resolve the situation to completion, or a fine of $200 a day thereafter. That's my motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) June 27, 2024 Page 54 BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER AYASUN: Okay. CHAIRMAN KAUFMAN: Okay, Cristine. MS. PEREZ: Thank you, Board members. CHAIRMAN KAUFMAN: Stop bringing us these complicated things. MR. RODRIGUEZ: Thank you very much. MS. PEREZ: Sorry. MR. RODRIGUEZ: Have a wonderful day. BOARD MEMBER ELROD: Get it done. CHAIRMAN KAUFMAN: Good luck. MR. RODRIGUEZ: Thank you. MS. VALDEZ: Thank you. MS. BUCHILLON: ***Next case, we're still under public hearings, No. 5, CESD20230008412, Marcelo Castillo and Mireya Farrada Yanez. 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. MS. FARRADA YANEZ: Yes, I do. MR. CASTILLO: Yes. MR. VASQUEZ: Yes. CHAIRMAN KAUFMAN: Okay. Could you each state your name on the microphone for me, please. MR. CASTILLO: Marcelo Castillo Soto. MS. FARRADA YANEZ: Mireya Farrada Yanez. June 27, 2024 Page 55 MR. VASQUEZ: Ricardo Vasquez. CHAIRMAN KAUFMAN: Okay. Maria, we know you. Okay. MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20230008412 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) addressing a permitted open pole barn converted into a garage and storage with electric and stucco, a carport with plumbing and electric, two sheds with electric, and two metal containers all erected without first obtaining the required permits, inspections, and certificate of occupancy as required by the Collier County Building Department. Located at 1875 Everglades Boulevard South, Naples, Florida 34117. Folio No. 41286080007. Personal service was given on November 8th, 2023. Property owner signed the notice, and a copy was provided to her. This case was initiated on September 2nd, 2023. On October 3rd, 2023, I observed a garage and storage structure that was stuccoed and had electric, a carport with plumbing and electric, two sheds with electric, two metal containers on Estates-zoned property. I conducted research and found two permits. One for the single-family home built in 1991, Permit No. 91-0007290. The other was for a pole barn, no electric, Permit No. 910011539. I researched aerials, and shed and carports were built between 1992 and 2003. Property owner said that he had purchased the property in March of 2020, and all structures were already there when he bought the property except for the two containers, which he placed on the property without a permit. On November 3rd, a determination was signed by the building official that permits were required for conversion of the pole barn into a garage and storage; the carport, electric and plumbing June 27, 2024 Page 56 included; the two sheds; and the two containers. On December 8th, 2023, a notice of violation was given to the property owner. On November -- on February 1st, 2024, I received a call from property owner that they had removed one of the containers, which I observed that same day. I have spoken to the property owner on several occasions, but as of today, violation remains. I would like to present case evidence in the following exhibits: Ten photos taken by myself on October 20, 2023; three photos taken today; aerials from 1993, '96, 2000, 2001, 2003, and 2024; pole barn permit and the building determination. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. RODRIGUEZ: They have. CHAIRMAN KAUFMAN: Do you have any objection to the photos? (Speaking Spanish.) CHAIRMAN KAUFMAN: Do you have any objection? MR. VASQUEZ: She saw the photos. CHAIRMAN KAUFMAN: And can they be used as evidence by the county? MR. VASQUEZ: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion and a second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. June 27, 2024 Page 57 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RODRIGUEZ: These photos were taken on June 27th, 2024, which is today. I went on there. So there's the pole barn. You can see the top of the sheds. Here is the carport/pole barn area that they converted. Sheds. Carport. This is the pole barn/shed. That's the storage area. Here's where the electric is running on the sheds. And they are using them for storage. Nothing's been converted into living. Carport. There is plumbing there. And there's the storage, second storage, and more storage. BOARD MEMBER FUENTES: Oh, my gosh. MS. RODRIGUEZ: It is zoned Estates. Aerials for 1993, nothing. 1996 they started to appear. 2000 got a little bigger. CHAIRMAN KAUFMAN: When did the people buy this property? MS. RODRIGUEZ: 2020. CHAIRMAN KAUFMAN: 2020. So you have a picture prior to 2020 and after 2023? MS. RODRIGUEZ: This is 2023 or 2024. So this is what it looks like now, house, pole barn, and then all the structures here are the sheds, and then the two containers are here. Here is the deed that they bought it March 31st of 2020. Here is the building determination that they are required to get permits for everything that was built without any permits, and here is the permit of the pole barn. CHAIRMAN KAUFMAN: What's the date of the pole barn? MS. RODRIGUEZ: '91. June 27, 2024 Page 58 CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: And this is what the pole barn should look like. CHAIRMAN KAUFMAN: No electric, no plumbing in the pole barn. MS. RODRIGUEZ: (Shakes head.) CHAIRMAN KAUFMAN: Okay. You're done? MS. RODRIGUEZ: We're done. CHAIRMAN KAUFMAN: Okay. All righty. It's your turn to speak. MR. VASQUEZ: Okay. (Speaking in Spanish.) MR. LETOURNEAU: Sir, are you going to translate? Okay. All right. All right. I'm just making sure. MR. VASQUEZ: He bought the house at 2020. He bought the house just the way it is now. Okay. CHAIRMAN KAUFMAN: Could you -- would you ask him why the pictures and the permits differ from what he's saying. BOARD MEMBER FUENTES: Maria, can you bring this up real quick again, the aerials for 2019 to 2020? MS. RODRIGUEZ: So they appeared -- or started to appear in 1996. I've got to go further down. BOARD MEMBER FUENTES: Yeah. But if we can see 2019, the year before he purchased it. MS. RODRIGUEZ: The year before. BOARD MEMBER FUENTES: Because he purchased it in 2020. He's stating that the -- MS. RODRIGUEZ: Oh, 2003 is the last year I have, and they're already here. He purchased it in 2020. This is 2003. BOARD MEMBER FUENTES: 2003. MR. LETOURNEAU: I think Maria stated that the only thing June 27, 2024 Page 59 that they did were the two storage containers, correct? MS. RODRIGUEZ: Correct. The only thing that they placed on that property were the two storage containers, which they have removed one. They only have one left. BOARD MEMBER FUENTES: Okay. So they purchased -- MS. RODRIGUEZ: But the rest of the stuff that was there was there prior to them buying it. CHAIRMAN KAUFMAN: Was the electric and plumbing in the pole barn when they bought it? MS. RODRIGUEZ: Everything was there when they bought it. CHAIRMAN KAUFMAN: The electric was there? MS. RODRIGUEZ: (Nods head.) CHAIRMAN KAUFMAN: But it was never permitted? MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: Well -- MS. RODRIGUEZ: But they didn't do it. He bought it like that. CHAIRMAN KAUFMAN: I understand that. Unfortunately -- MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: -- you bought something that was in violation to begin with. If there was no permit pulled for the electric or the plumbing and you bought the property, you own the problem as well. (Speaking in Spanish.) BOARD MEMBER FUENTES: No, no. He purchased it with it. MR. VASQUEZ: Because he didn't know. He said he didn't know it was -- you know, that it was a problem -- CHAIRMAN KAUFMAN: It doesn't matter. MR. VASQUEZ: -- at the time. June 27, 2024 Page 60 CHAIRMAN KAUFMAN: It doesn't matter. When you -- when you buy a piece of property, if it has a violation on it and then you own the property, you own the violation. That's how it works. MR. VASQUEZ: Okay. He understands that. He paid an inspector to check that, okay, to make sure that everything was okay. BOARD MEMBER FUENTES: He probably paid a home inspector. The home inspector's going to check the integrity of the structure to make sure everything's okay from, you know, what he would understand, electrical, no fires, maybe, you know, no roof leaks so that he can get approved by the mortgage company to allow him to insure and purchase the home. But it's -- this is more of a code thing, and a home inspector will not go and start looking for things that are not permitted or allowed. MR. VASQUEZ: But he had experience with that. BOARD MEMBER FUENTES: Just let him know this: Unfortunately -- MR. VASQUEZ: She didn't know they had to go to the county to find out if they had any -- (Speaking Spanish.) MR. VASQUEZ: He says he thought it was a Realtor that does all that. BOARD MEMBER FUENTES: Unfortunately, a violation does exist. Fortunately, I'm sure that due to the fact that he purchased something already preexisting, that we can somehow work with him as long as he's willing to try to, you know, obtain compliance with the county as well. At the end of the day here, we want to obtain compliance. If he's willing to comply and work along with us, we can work with him as well when it comes to the time. MR. VASQUEZ: They hired a person already to do all these paperwork for the county, the permits. June 27, 2024 Page 61 CHAIRMAN KAUFMAN: Okay. Let me stop you a second to make this easier. The first thing we need to do is find out whether a violation exists. If one does, then we'll see if we can figure out how to resolve the situation, okay. BOARD MEMBER FUENTES: I'll make a motion that a violation does exist. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And then the county is going to give us a recommendation on what needs to be done to fix everything. And if you already have somebody who is lined up to do the repairs, you're ahead of the game. Maria, do you have a suggestion for us on this case? MS. RODRIGUEZ: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the unpermitted garage, carport, sheds, and metal containers to include all electric and plumbing utilities within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. June 27, 2024 Page 62 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 provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So let me ask, the people that he's contacted, how long do they think it's going to take to get everything permitted and completed? (Speaking in Spanish.) BOARD MEMBER FUENTES: They need more than nine months, is what she's saying, because they're telling her -- MR. VASQUEZ: Eight to nine months, because it's a lot of money and a lot of permits that they've got to pull. (Speaking Spanish.) MR. VASQUEZ: Yeah, it's a lot of money, close to $16,000. BOARD MEMBER FUENTES: Why the driveway -- MS. RODRIGUEZ: It's a separate case. MR. VASQUEZ: -- they have to come up with to get all their stuff finished, completed in the right way with the county. So they need that time to -- CHAIRMAN KAUFMAN: My problem is this: You have electrical. Electrical, to me, immediately becomes a safety-and-health issue. MR. VASQUEZ: Right. CHAIRMAN KAUFMAN: So that's why I'm reluctant to say eight or nine months. I would want a shorter period of time. If you can come back in, let's say, three months or four months and show that there's been progress made, that they've pulled the permits, they just haven't finished the work, we can grant additional time. June 27, 2024 Page 63 MR. VASQUEZ: Okay. All right. (Speaking in Spanish.) CHAIRMAN KAUFMAN: That's what I heard, "dinero." BOARD MEMBER FUENTES: As long as we can work with them. CHAIRMAN KAUFMAN: Okay. And his comment is? BOARD MEMBER FUENTES: Yes. (Speaking in Spanish.) MR. IANDIMARINO: Pardon me, sir. If I may, can ask you please translate shorter for her. Don't allow her to continue. Can you pause her and then translate and then pause and translate. Thank you, sir. MR. VASQUEZ: Okay. She had put priority on the driveway, okay. She had to get the driveway done because they got a fine for that, okay. So the priority right now was to get the driveway done. She had nothing -- priority on the barn or the electrical or nothing. Because she was getting fined for the driveway, so she got that out. That's what she's working on right now, on getting that permit to get that driveway done. CHAIRMAN KAUFMAN: Well, the driveway's not part of this order. And if she thinks the fine on the driveway is a lot, she won't be real happy with the fine that could be placed on this whole thing. So, again, a driveway is not a safety-and-health. Electrical and plumbing is. So what I'm going to propose is -- MS. RODRIGUEZ: Before you clarify or make a judgment on them, they do have another case -- well, actually, they had two. They had a fence one. That got taken care of. The driveway, because it was there prior to them owning it, they did charge them an after-the-fact fee, which was a good amount of money. They are trying to get through it, you know, trying to get through the process of trying to permit it, but they were trying to do everything June 27, 2024 Page 64 themselves to save money, and they weren't doing what the county needed them to do, so that's how they ended up hiring that other gentleman, Octavia, that's supposed to be helping them -- yeah -- finish the permits. BOARD MEMBER FUENTES: How many driveways do they have? MS. RODRIGUEZ: They have one permitted one, and they plan on leaving the other two. BOARD MEMBER FUENTES: They have one permitted one. MS. RODRIGUEZ: And they're going to permit two. BOARD MEMBER FUENTES: But they do not need the other two because they have one. MS. RODRIGUEZ: Well, the one that they want to leave is for -- because he drives a dump truck, so he wants the one off of Everglades because that's the one where he comes in and out of. BOARD MEMBER FUENTES: I understand. But what I'm trying to -- (Simultaneous crosstalk.) MS. RODRIGUEZ: The other one's already built. BOARD MEMBER FUENTES: -- is the priority. This one's concerned about the safety/health issue. I understand. She's concerned about driveways. MS. RODRIGUEZ: Well, she was trying to do the simplest things first because she knew that for the building sheds and stuff she was going to need plans, engineering. So that gets a little bit more complicated than the driveway. So she was trying to work on the easier stuff because she got to the harder stuff, but it wasn't fast enough. BOARD MEMBER FUENTES: And she's here today. MS. RODRIGUEZ: Yes. BOARD MEMBER FUENTES: Great, great. All right. June 27, 2024 Page 65 Well, the violation exists. MS. RODRIGUEZ: No one lives in the sheds and the carports. I mean, it's -- BOARD MEMBER BHATLA: Is it currently occupied? MS. RODRIGUEZ: They probably can shut it off and it will be okay, because no one lives in them. CHAIRMAN KAUFMAN: They said no. BOARD MEMBER FUENTES: Can you ask her if they can shut off the powers to those storage -- other structures. (Speaking in Spanish.) MS. FARRADA YANEZ: "Si." BOARD MEMBER FUENTES: That helps a lot. Until they got it permitted and fixed. CHAIRMAN KAUFMAN: Okay. Do you want to take a shot at the motion? BOARD MEMBER FUENTES: No. CHAIRMAN KAUFMAN: Okay, I will. MR. LETOURNEAU: Are you going to add that electric part into your -- CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Okay. All right. BOARD MEMBER AYASUN: Yes, that's important. CHAIRMAN KAUFMAN: Okay. 59.28 to be paid within 30 days. Part 1: The electric to the structures that are in question, the circuit breaker be turned off, removed, or whatever it takes so that there's no power there; that to be done within 30 days. BOARD MEMBER AYASUN: Plumbing. CHAIRMAN KAUFMAN: The plumbing, is there a toilet there? MS. RODRIGUEZ: No, it's just a sink. I guess he must wash June 27, 2024 Page 66 his hands and stuff, because he mechanics [sic] on his own truck. So it's just for washing his hands. CHAIRMAN KAUFMAN: Okay. Just the electric is my main concern. BOARD MEMBER AYASUN: Okay. CHAIRMAN KAUFMAN: We'll do four months, that's 120 days, or $200-a-day fine. Should he complete that ahead of time, there's no fine. So it's in his best interest to get it done as soon as possible. In addition, he can come back to the Board after a reasonable amount of time, one month, two months, and say, I've hired several people to resolve these issues, we're making progress, and I need more time. More time could be granted at that time. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Did you do the $200 a day for just Part 2 or Part 1 also? CHAIRMAN KAUFMAN: Just Part 2. MS. BUCHILLON: Part 2, okay. MR. LETOURNEAU: Are you going to put a fine amount on Part 1? CHAIRMAN KAUFMAN: Yes, $100 a day. That should be -- that's a -- BOARD MEMBER FUENTES: If you could let her know that they need to pay today's operational costs within 30 days. If not, the next time she comes back, we won't even basically hear it, and the fines will be imposed. She needs to pay those 59 -- CHAIRMAN KAUFMAN: Twenty-eight. BOARD MEMBER FUENTES: -- 28 within 30 days. Preferably, if she could do it today, that way she doesn't forget. MS. BUCHILLON: No, not today. June 27, 2024 Page 67 CHAIRMAN KAUFMAN: She has 30 days. Maria, you'll explain everything out in the hall? MS. RODRIGUEZ: (Nods head.) BOARD MEMBER AYASUN: Okay. CHAIRMAN KAUFMAN: Okay. So that was my motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: It was seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Jeff, you're okay with that? MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: She will explain in the corridor. CHAIRMAN KAUFMAN: We're going to take a court reporter break now. Be back at -- in 10 minutes. (A brief recess was had from 10:44 a.m. to 10:58 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay, Helen. Who's up? MS. BUCHILLON: ***We are still under public hearings, next case, Case No. 7, CESD20180012140, Armando Yzaguirre. THE COURT REPORTER: Do you swear or affirm the June 27, 2024 Page 68 testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. YZAGUIRRE: I do. MS. HERNANDEZ: I do. CHAIRMAN KAUFMAN: Okay. Could you state your names on the microphone for us. MR. YZAGUIRRE: Armando Yzaguirre. MS. HERNANDEZ: Edna Hernandez. CHAIRMAN KAUFMAN: Okay. Cristine. MS. PEREZ: Edna is Mr. Yzguirre's daughter. Good -- are we still morning? Yes. Good morning. For the record, Cristina Perez, Collier County Code Enforcement investigative supervisor. This is in reference to Case No. CESD20180012140 dealing with violations of an expired Collier County building permit for a convenience store under construction located at 233 New Market Road East in Immokalee, Florida 34142. Folio No. 63865360003. Personal service was given on September 12th, 2023. This case was initiated as a Code Enforcement complaint regarding a partially constructed commercial building where construction activity had come to a halt. Permit research revealed Permit No. PRBD20140616304 for the construction of a new convenience store had expired on April 18th, 2018. The initial notice of violation was issued in November of 2018 with the compliance date of December 10th. Within that time frame, Naser Abuequab, the project -- the project's general contractor, was hired, and he made contact with county requesting additional time to reinstate that permit. The permit was reinstated on March 11, 2019, and expired again on June 10th, 2019. From that time frame, it has expired six additional times and had June 27, 2024 Page 69 been reactivated with the last expiration date being on July 13th, 2022. Unfortunately, due to the lapse of time frame from when the original Site Development Plan was approved in 2009 until the expiration of the 2014 building permit, the contractor was required to submit a whole new Site Development Plan. A pre-application meeting was held on August 2nd, 2022, and notes were provided of all the changes that were being required from the original 2009 Site Development Plan in order to move forward with the completion of that convenience store, which will also include two fuel pumps and the canopies. Since that pre-application meeting, the contractor has reapplied for the building permit but it was denied. It was missing some information and the yet approval of that Site Development Plan. Additional items have been submitted through that course -- through the course of time till now. The newest submission was two days ago on June 25th, 2026 [sic], which the respondent's contractor did submit all the responses to all the corrections that needed to be made for that Site Development Plan, but it was also rejected because they need documents sent to them digitally signed. So the county still hasn't reviewed what they submitted on the 26th. There was two documents on there, an opinion document and the site development document, that need to have digital signatures in order for it to be passed along to staff. So till today, that Site Development Plan remains unissued, and that permit that they tried to reactivate in 2022 remains in denied status until that site development is improvement. So I'd like to present case evidence in the following exhibit: I have eight photographs that I took yesterday when I met with Mr. Yzaguirre on the property; I have the 2014 permit status tracking June 27, 2024 Page 70 where it does show where the contractor reactivated the permit several times; and I have the inspection activities as well so the Board can see the activity -- the inspections that have been approved and what remains to be done. There's a property appraisal aerial map of 2024 showing you the location of this convenience store. I also have the Site Development Plan correction and response letter that was submitted on 6/25 where you can see there is a -- there's a lot the items that the contractor needs to address on that site plan. And the -- we do have the pre-application notes as well that are pretty lengthy, if there's any questions on those. And in -- I think you have a copy of a contractor letter that was -- he submitted a letter where he kind of talks a little bit about the project as well. Mr. Yzaguirre and his daughter, Edna, were with me yesterday when we took the photos. We do have some interior and exterior photos. CHAIRMAN KAUFMAN: Okay. We need to get a motion to accept the photos. BOARD MEMBER ELROD: Did they see them and okay them? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Excuse me? BOARD MEMBER AYASUN: Did they okay them? MS. PEREZ: I did show them the photos and the documents that I mentioned as my evidence. CHAIRMAN KAUFMAN: Do you have any thoughts about doing them or not doing them? MS. PEREZ: Are you okay us showing the -- MR. YZAGUIRRE: Yes, we saw the photos. CHAIRMAN KAUFMAN: And it's okay to use them as evidence? June 27, 2024 Page 71 MR. YZAGUIRRE: Yes. CHAIRMAN KAUFMAN: Okay, great. BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So this started just -- back in 2009? MS. PEREZ: You can see in the photograph here under the header that there is -- it is attached to a second -- it's like a warehouse. This is, like, in our -- our New Market industrial/commercial area. So this is Mr. Yzaguirre's warehouse. So it's attached to -- the site has a development plan that was approved in 2009. The building itself, that project came to light in 2014, and it was approved in 2016, I believe, was the time frame. So it has been a long time coming as to when the -- yeah, the application for this portion, which is supposed to be a convenience store, and then there's going to be gas tanks and canopies in this area in the back. The application came in in June of 2014. It was issued two years later, June 21, 2016, and it expired July 2022. CHAIRMAN KAUFMAN: And since July 2022? June 27, 2024 Page 72 MS. PEREZ: And since July 2022, as you can see the gap of time frame, this was added to that 2009 Site Development Plan, but because of the lapse in time of that building permit, when it came -- when it expired in 2022, they said, no, you have to now redo, you know, your Site Development Plan because it has since expired. So now they have a Site Development Plan that starts with 2022, and that's what he has tried to submit some changes, you know, in between there, and because there was no further movement, we brought the case to you-all today. Since receiving the notice, the contractor has been more proactive to, you know, respond to the corrections that were asked by the county to be addressed on that submittal for the Site Development Plan. So my conversations with Mr. Yzaguirre yesterday, you know, to his understanding, his contractor told him he was waiting on the county, but it's -- it's not in our hands. It's been in his hands, the contractor's hands. CHAIRMAN KAUFMAN: Okay. Which means it's in his hands. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Okay. Sir. MR. YZAGUIRRE: Yes, sir. CHAIRMAN KAUFMAN: It's taken a long time. I know somebody that had a kid in 2009 who's in college now. So where are we? MR. YZAGUIRRE: Well -- MS. PEREZ: If I may, would you like me to show you the rest of the photos? CHAIRMAN KAUFMAN: Sure. MS. PEREZ: I had eight photos. So this is the exterior. This is where you could see June 27, 2024 Page 73 Mr. Yzaguirre's office and his warehouse. So he is on the property daily. The property is secured. The area has a secured fence. It has -- the building has windows. It has locked doors. This is the interior where they've done the framing. There's some electrical wiring, and the A/C ductwork has been done. All the walls, windows are in. So it is a work in progress. I know the letter says he's about 90 percent completed. Structurally, it seems to be there, but there -- it's more paperwork that he has -- he still has things to do. So we have that. This is the -- CHAIRMAN KAUFMAN: Have you been in contact with the contractor? You? MS. PEREZ: Yes. The contractor did reach out to me last week, and he keeps going back to this 2009. He's not content with the fact that the county's making him update the Site Development Plan, you know, but he's been aware of that since 2022 when that permit expired, and the answer has been the same, that he has to revise the Site Development Plan in order to move forward. CHAIRMAN KAUFMAN: He understands that? MS. PEREZ: Correct. In the letter, he's asking you that if you go back and let him, you know, finish on the regular permit, that he'll complete this in three or four months, but I've explained to Mr. Yzaguirre and him that it's not up to the Board to allow him to go back to an old site plan. He has to follow what the government office has told him. So this shows just the inspections. The bolded ones have been passed. The other ones still need to be completed. And we have a -- this is a tracking system just showing when the permit started, it was applied for. It was ready for issuance in April. It was issued in June of 2016. And then, unfortunately, the contractor let this permit lapse within this time frame as well. June 27, 2024 Page 74 So it shows you the times that it's expired, and then it's been reactivated up until the county said, "No, now we have to do a whole new site plan." You saw the front footage. This is just -- this is Mr. Yzaguirre's warehouse, and then here is the building in question. And then just the laundry list of the corrections and responses. In red is the responses from the contractor, and then here numbered are the county's corrections. So I'm just going to skim through it so you see that there is a laundry list of things that need to be done on the site plan in order for the site plan to be approved. So this is a 22-page document of all -- there's a lot of that he has to do on there. BOARD MEMBER FUENTES: Do you want to read all the pages? MS. PEREZ: No. CHAIRMAN KAUFMAN: No. MS. PEREZ: So that's what I got. CHAIRMAN KAUFMAN: Okay. Sir? MR. YZAGUIRRE: Yes, sir. CHAIRMAN KAUFMAN: We need to light a fire under your contractor. MR. YZAGUIRRE: Yes, that's what I'm seeing. And it's not because of money, you know. It's -- and he says that he's taking so long to do all -- to revise all the -- for the site plan and stuff. And I get negative -- negative calls, like, yeah, we're working on it. We're working on it, you know. And I need this project done and finished and out of the way before the person that went to college retires. CHAIRMAN KAUFMAN: Well, what are you doing to motivate the contractor? It all falls back on you, obviously. MR. YZAGUIRRE: Yeah. CHAIRMAN KAUFMAN: So... June 27, 2024 Page 75 MR. YZAGUIRRE: Well, right now my thoughts is is he's already in the saddle to get the -- my permits, and then after that, if he doesn't motivate and finish the project, to fire him and get another contractor. But right now he's on top of the -- he's on top of the hill because we gave him a check for 100- or 150,000, and we -- he hasn't done anything with the money because we don't have no permits, so... CHAIRMAN KAUFMAN: You're between a rock and a hard place. Did he give you any indication on when he may be able to resolve all the red marks that Cristina's been showing us? MR. YZAGUIRRE: Well, I'm talking to the engineer, and they're working on it. And the electronic signature or whatever, I can get that done. I have the engineer's numbers, and he can send that in if it will help move along the ballgame right here right now. Other stuff to resolve, I just don't know what it is besides that. MS. PEREZ: Yeah. That last -- he submitted that document with all the red -- the red lettering, and the response from the county was that they needed two documents in digital signature. That response was just provided yesterday. So as long as his contractor submits those two items that need to be submitted, then the county can start reviewing all those red items to see if they've been corrected on the site plan that needs to be digitally signed. Long term, on his letter, if he could do -- you know, pick up a hammer and start working on it now, he says three to four months, but that's not the case. He has to get the Site Development Plan approved and then try to reapply for that permit, which then he would take three to four months to finish the work. MR. YZAGUIRRE: I can get the electronic signature done within days. And he's -- he had planned -- he's overseas right now. He went to -- left yesterday because he had planned a wedding six months ago with -- some family wedding, and -- but I can get that June 27, 2024 Page 76 done because I have -- I can -- have contacts with the engineers. There's two engineers working on it. CHAIRMAN KAUFMAN: Okay. So you're thinking that once you get the electronic signatures, then the county can start reviewing it, and in some period of time, the county will point out what's next to do, and that can all be done in some period of time. And that period of time is approximately how much time? MR. YZAGUIRRE: It would depend on how long it takes y'all to get the site approved. CHAIRMAN KAUFMAN: SDP. MR. YZAGUIRRE: SDP approved, and then to get the permits, and once we get the permits, we can jump on it. There's no -- it's not because we're lacking the money. And then the gas people -- we have the tanks, the canopy, everything's paid. But the gas guy cannot get the permits for that until the building permit is done, so... MS. PEREZ: It's all a domino effect. CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER AYASUN: And the worst thing he can hear from these people is, "I'm working on it." That's the biggest lie in any company. So if he tells you that again, show him the door. MS. PEREZ: The unfortunate part is Mr. Yzaguirre is in a position where he currently has a tab, you know, that's -- you know, like, he's out that money until the contractor completes, you know, work. Because a lot of times in these situations, there's a financial issue from the respondent to the contractor, but in this case it's the opposite, the opposite way. You know, the contractor's been paid. He's just waiting for the services to be rendered. BOARD MEMBER AYASUN: That's no accident that he got the money up front. MS. PEREZ: Correct. June 27, 2024 Page 77 BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: Everything is always attached to the payment plan. Jeff's nodding his head. We're in agreement on that. The first thing I think we need to do is to find if a violation exists, and we'll go from there. BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. Can we get a second? BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we have that. I'm going to ask you for your recommendation, and then we'll go from there. MS. PEREZ: The county recommends 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 building permits or demolition permit, inspections and certificate of completion or occupancy for the unfinished building within 30 -- I'm sorry -- within blank amount of days of this hearing, or a fine amount of blank per day will be imposed until the violation's abated; June 27, 2024 Page 78 Number 2, 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: I'm trying to think of what could possibly the respondent do to extra motivate the contractor to get his job done. You've already paid him. MR. YZAGUIRRE: Yep, 90-something percent. CHAIRMAN KAUFMAN: Yeah. That's a problem. Generally, money can sway things one way or the other. I would like to give you enough time to resolve the situation, whether it's three months or six months, but if your contractor's not going to do anything, then giving you three months or six months doesn't do you any good. Have you been to -- I don't know if this would fall under the purvey of Contractors Licensing. I would think so. If you pay your contractor to do a job, and they don't do it or they refuse to do it -- MR. IANDIMARINO: For the record, Tom Iandimarino, director of Code Enforcement. I've already sent an e-mail to relay this over to our Contractor Licensing department to make sure that they are a licensed contractor, just to do some follow-up on the back end. So that's all we can really do. If he has a contract with them, he's going to have to continue to work that process, but we'll do a little bit of pushing on the backside as well. CHAIRMAN KAUFMAN: That certainly would help. Okay. Anybody want to take a stab at filling in the blanks? June 27, 2024 Page 79 (No response.) CHAIRMAN KAUFMAN: If not, I will. I was going to say six months should be more than enough time to get this resolved, not only the paperwork, but the building. And I think if you can show him you have a code case with a deadline, it might also help to motivate him. So six months would be 180 days, or a fine of $200 a day thereafter, so -- BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: -- that's my motion. It's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I feel for you. I just don't know what else to do. I was going to say something now, but they'll put me in jail for it. Make him an offer he can't refuse. MR. YZAGUIRRE: Okay. MS. PEREZ: Thank you, Board members. CHAIRMAN KAUFMAN: Okay. Thank you. MS. BUCHILLON: ***Next Case, No. 8, CEPM20220002333, Treetops of Naples. CHAIRMAN KAUFMAN: Are you in or out on this one? Okay. Let the record show that Mr. Fuentes is going to take a seat in the first row on this case. THE COURT REPORTER: Do you swear or affirm the June 27, 2024 Page 80 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. MR. JOUBERT: I do. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning, Jonathan, again. MR. MUSSE: Again, so this case is going to be kind of confusing when I present it. CHAIRMAN KAUFMAN: Let me stop you one second. Sir, could you state your name on the microphone for us. MR. JOUBERT: Sure. It's Arthur Joubert. Last name's spelled J-o-u-b-e-r-t. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: Okay. Arthur, right? MR. JOUBERT: Arthur. I can remember that, maybe. CHAIRMAN KAUFMAN: Okay, Jonathan. MR. MUSSE: Jonathan Musse, Collier County Code Enforcement. So as I was saying, this case, a lot of units are involved in this case, so my presentation may sound a little confusing, but I assure you by the end of it, I'll give you the final results of what's pending and what's been cleared up, okay? This is in reference to Case No. CEPM20220002333 in dealing with the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), and 22-231(12)(p), flooring in Units 5221, 5206, 5401 Treetops Drive in severe disrepair, chipping, cracking, loose material, hole in the center of the floor, and soft areas throughout, located at 5405 Treetops Drive, Naples, Florida 34113. Folio number is 440080004. Service was given on January 11th, 2024. This case originated on Case No. CEPM20220000608 at 5219 June 27, 2024 Page 81 Treetops Drive. Kyle Jesse of the Law Offices of Douglas L. Rankin, made the complaint stating that the subfloor in their client's unit is failing. Mr. Jesse provided photos of the unit and noted sections of the declaration condominium showing that Treetops of Naples were responsible for the damages to the subfloor. Investigator Athey contacted the HOA and property management informing them of the issue pertaining to the Unit No. 5219. Investigator Athey received another complaint at 5221 Treetops Drive, Case No. CEPM20220002212. After verifying that Treetops of Naples is responsible for the repairs to the subfloor, Investigator Athey withdrew the case and opened the case that's being presented before you today with the correct information to include both units. On April 28th, 2022, Permit No. PRMF20220420410 was applied for to replace the subfloor. A permit was eventually issued on May 13th for Unit No. 5221. I took over the case on September 14th, 2022, and observed that the permit was still active at that time. On November 21st, I received another complaint at Unit No. 5332 Treetops Drive and observed the failing subfloor and included it the case, so we're at three units right now. The permit eventually expired, and -- for Unit 5219, the permit eventually expired on December of 2022. Spoke to the board member, Mrs. Rarey, who provided me with the contact information for the new managing company, Ryan Klosko of Associa Gulf Coast. The recipient informed me that Associa no longer manages this community. I informed Mrs. Rarey of this conversation with Associa, stating that she was not made aware of this. She informed me they hired a public adjuster to make a claim to get the subfloors replaced. Made numerous reinspections and maintained communication June 27, 2024 Page 82 with the HOA and contractors involved. By May 31st, 2023, all three units had permits on file to replace the subfloors. So Unit 5219, 5221, and 5322 [sic] currently all had permits. Unit 5332 obtained the certificate of completion on October 10th, 2022. 5332 became in compliance. The permit for Unit No. 5219 Treetops Drive obtained the certificate of completion on December 13th, 2023. 5219 is in compliance. Received complaints from two additional units: Units 5206 and 5401 Treetops Drive. I met with the tenant at 5401 Treetops Drive on December 20th, 2022, and observed the failing subfloor. Investigator Packard conducted a site inspection on 5201 [sic] Treetops and observed damages on January 6th, 2024. At that time I reissued the notice of violation to include the updated information. Currently, there are three units that remain -- bear with me -- correction -- four units -- no, three units that remain in violation. 5221 has a permit but has not received the certificate of completion. 5401 and 5206, no permits have been obtained at this time. The units that have been in compliance, 5219 and 5332. At this time I would like to present the case evidence in the following exhibits: Seven photos provided by Kyle Jesse of the Law Offices of Douglas L. Rankin on January 21st, 2022; six photos I took on November 22nd, 2022; 10 photos I took on December 20th, 2023; and four photos taken by Investigator Packard on January 6th, 2024. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MUSSE: Yes, he has. CHAIRMAN KAUFMAN: Do you have any objection to the photos? June 27, 2024 Page 83 MR. JOUBERT: No, I don't. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: I have a motion -- BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: -- and a second to accept. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Abstains.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: This is from Mr. Rankin. Just found out this is not touch screen. So this is for 5219. It seemed like this unit's primary issue was in the living room area. CHAIRMAN KAUFMAN: Are all the failures similar in nature? MR. MUSSE: Yes. CHAIRMAN KAUFMAN: So you have a hole in the floor? MR. MUSSE: Pretty much, yes. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: This is 5332. This came into compliance as well as 5219 that I just showed you. I'm just showing you what the community has been having to deal with, because these structures are pretty old. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: This is in the kitchen, and this is the bathroom. June 27, 2024 Page 84 This one was the worst one I saw. This one is still pending, 5401. When I made this inspection, I thought I was going to fall through the floor. CHAIRMAN KAUFMAN: It's a good thing I wasn't there. MR. MUSSE: But I will say I've been in contact with the owner, and she did say that she was going to move forward in getting it done and seek civil issue -- civil suit with Treetops to recoup some of the -- CHAIRMAN KAUFMAN: What's the problem? I don't understand. Is this on the first floor? MR. MUSSE: First floor, yeah. There's a crawl space in all these units, and through the years, between hurricanes, it just -- it deteriorated through time, and -- CHAIRMAN KAUFMAN: So they fixed the first few problems? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. And these are what are remaining? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: In those three units? MR. MUSSE: There's -- well, 5221, I haven't been in there, but I spoke to the resident that's in there. It has been repaired. It's hard -- it's very difficult to get in contact with the -- because she works -- but to get in there just to see what they repaired. It's just permitting for 5221. They just have to finish the permitting stuff. CHAIRMAN KAUFMAN: But that's the only one of the three that has not -- does not -- that has a permit. The other two don't. MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: And this one is 5206. It looks like when June 27, 2024 Page 85 Investigator Packard did the inspection, it was mostly in the entrance. BOARD MEMBER JOHNSON: Are there people living in there? MR. MUSSE: The last, 5401, yes, and, 5221, yes. I'm not sure about 52 -- this unit right here. I know the complainant recently sold the property. I'm not sure if there's occupants in there at this time. I think Bud possibly would know the -- MR. JOUBERT: Yeah, okay. My name is Arthur Joubert. CHAIRMAN KAUFMAN: Okay. Are you finished? MR. MUSSE: I'm done with my -- yeah. MR. LETOURNEAU: John, all these units are on the same folio, correct? MR. MUSSE: Correct. MR. LETOURNEAU: Okay. Thanks. MR. JOUBERT: I'll try and make it simple because it's just three. And when I -- first of all, I'm on the board of directors for Treetops since January, this past January, 20 weeks. I have been working with Code Enforcement on other issues, some other issues, and got them solved. This has been very, very difficult. I own a condo in there. I don't live there, but my son does. And four years ago, we bought that condo, and we are -- in four years, we are on our fourth property management company from Associa Gulf Coast, backwards to Cambridge Management, backwards to Resource Management. It's been very, very difficult. I actually -- I went to a board meeting in January to complain about something, and they didn't fix my complaints, and talked me into being on the board. And then, automatically, before I could say anything -- it was a Zoom meeting -- somebody made a motion to make me the president, so I got stuck. And my wife said, "What are you doing?" June 27, 2024 Page 86 So -- but when I start something, I want to finish it, so I'll just give you the brief. I got Jonathan's summons -- and, Jonathan, I think we have to fix it. So there's -- it gets delivered to 5405, but that's where the pool house is. So I will give you -- I'll e-mail it to you today or tomorrow -- the notice of the new management company that's doing our accounting management. They're not managing the whole facility. I worked hard, far and wide, to find a good management company. CHAIRMAN KAUFMAN: Can I stop you for one minute? MR. JOUBERT: Sure. CHAIRMAN KAUFMAN: So you're on the board? MR. JOUBERT: Yes. CHAIRMAN KAUFMAN: Who owns the property? MR. JOUBERT: Treetops of Naples. CHAIRMAN KAUFMAN: Treetops owns the property. MR. JOUBERT: Owns the property. CHAIRMAN KAUFMAN: Do you have -- are they permitting you to talk for them and -- MR. JOUBERT: Yes, yes. I spoke to our attorney, which is Lee-Ann Bosch over at Gadclaw, and she gave me a -- she pulled up a copy -- I have the Florida corporations -- I have it here that, at a meeting, they made me -- I have that proof. CHAIRMAN KAUFMAN: So you're authorized to speak for the owner of -- MR. JOUBERT: For Treetops, absolutely. CHAIRMAN KAUFMAN: -- the property. Okay, that was my -- MR. JOUBERT: Right. We would have probably had an attorney here, not to fight it, just so it's really legal, but we really don't have any money to pay an attorney. June 27, 2024 Page 87 So I spoke to Lee-Ann Bosch of the law firm, and she said -- because Jonathan said make sure you have something that proves that you can do it. So she sent me over -- and I printed it up. I have it in my file -- that I am a registered officer. CHAIRMAN KAUFMAN: Gotcha. MR. JOUBERT: So I am all set. So I've been working on this, and there's three units in question. Two, the work has been done. 5221, the lady is Stacia. I don't know her last name, and I apologize for that. The work is done, but you want to close out the permit. MR. MUSSE: Correct. MR. JOUBERT: Okay. That's No. 1. Now, she is very hard -- I actually was cleaning up over there. I don't know how I ended up doing that, but I was cleaning up, and I met her. So I will -- I know where she lives. I will be able to get to meet her so we can find out about the permit -- or find out who pulled the permit, and I'll call the contractor myself. So that's 5221. The next one is 5206, which was previously owned by Dana Rarey. She was the president of Treetops of Naples, and she sold that unit to Matthew Falcon of New Jersey, who's now going to live here more often. He bought it originally, and nobody was living there. I did speak with him again this morning. So he's willing to do anything we need to do. So that one there, there's no permits issued, but in looking in my investigation back through your records -- and there was -- we have nothing for records. It's terrible. But back through your records, and -- I think I actually spoke with Dana Rarey. She didn't want to do anything to really go out of her way to help solve some of these problems. But when she was on the board, she did have it fixed. I believe it was paid for by the condo association. So I know -- I'm sure she would have gotten a permit, so -- did June 27, 2024 Page 88 you -- did you see -- you couldn't find a permit on file? MR. MUSSE: There was no permits on file. I checked this morning. MR. JOUBERT: So I don't know how they did that. I will try reaching out to her again. But Mr. Matthew Falcon, who owns it now, he's willing to do anything he has to do because he said he bought it with all the improvements made. And I know she did other improvements besides that. When she fixed the floor, she remodeled it. So I will get back with Matthew Falcon and tell him he really has to take care of this, and I'll work with him to get it fixed. Now, the last one is 5401. It's owned by -- I told you her name -- Bonnie, Bonnie Walsh, and she -- she called me. What's happened there is Associa Gulf Coast never took any calls from anyone in the 14 months, 16 months that they were. And they left. They flew out of town on eight days' notice. They gave me notice on April 22nd. Then they were gone by April 30th. So -- they had a web page, but they never answered the web page. So somehow I was able to get ahold of Bonnie -- because I spoke with one of the contractors who did a bunch of other jobs, and he said, you know -- my nickname's Bud. He said, "Bud, you really should see this. This one really needs to be fixed." Her -- the tenant's son-in-law did temporary -- he made it safe, but it's not right. It needs to be fixed. So somehow I got ahold of Bonnie Walsh. Very nice lady. She doesn't live there. She rents it out to a lady, Maria. And, she said, "Well, I think Treetops should pay for this." And I said, "Listen, I'm not a lawyer, but I can tell you if I go back in the history, there's a lot of mitigating factors whether or not it was -- it was done by the hurricane," and if you went through and you filed the claim -- if you didn't file a claim, then it's over. So I -- but June 27, 2024 Page 89 in speaking with her, I said, "Look it. All I can tell you is if it were my property, even if I didn't live there and I thought that the condo association should pay for it" -- the most important thing for her to do is to make it safe for Maria that lives there, an elderly lady. I said, "I would fix it," and then if I really thought that Treetops should pay for it, file a suit with Treetops or at least approach Treetops and say, "If you don't do something, we'll file a suit." But I said, "You really need to fix that." I have to tell you, it worked, because three days later she sent me back a text message, and then I said, "Send me e-mails," but -- so her daughter sent me an e-mail and said, "We're going to hire a contractor, we're going to get a price, and we're going to fix it, and we're going to fix it quickly." I said, "You need to fix it quickly. Even though your son-in-law made it safe, you really need to fix it." So she did do that. And what -- coincidentally -- so when -- three weeks ago or two weeks ago I got your notice posted on the bulletin board at the pool house, I had corresponded back and forth with her by e-mail and one phone call. And two and a half weeks ago she sent me a copy of an estimate from her contractor. And I said, "Well, that's good. I see that you actually hired a contractor." So she asked me -- because to do that you have to draw up some plans. So I did some research, and I found -- there was a fellow in Miami. He's not an architect, but he works with an engineer, and for all the other places he prepared the plans showing the additional -- assuring the members that -- and I said, "If you call him -- if he did all of the others, that means he's reasonable," because she got some prices -- she got crazy prices to design it. So she called me back, she said, "Thank you. It worked." So -- and she gave me that. So she said, "We should be able to get the permit. My contractor's going to go get the" -- gave the old June 27, 2024 Page 90 story: "I'm going to get the permit." So back and forth, I talked to her a couple of times. And then when I got this -- I called her again the other day, and she said, "Yeah, the contractor's -- he's going to be in there next week." So I was over at the property yesterday, and I knocked on Maria's door. She's the tenant. I said, "Did you hear back from Bonnie and the contractor?" She said, "Yeah, they're going to start next week." And she told me what he was going to do for temporary living conditions at her daughter's place. So Jonathan just told me that he checked, and they hadn't applied for a permit, so late yesterday I called Bonnie again, who's the owner, and I said, "Listen, your contractor's giving you a story. He has not applied for a permit." So I told her I was coming here this morning, and I would let her know how we made out. So she already knows. I said, "He has to get his permit," and we can tell at any point in time on the computer if he's filed for a permit, so... CHAIRMAN KAUFMAN: Okay. BOARD MEMBER JOHNSON: Question. Who owns the units? Are they individual units, then there's an HOA? MR. MUSSE: So the -- it's an HOA. The unit owners own everything inside the unit. MR. JOUBERT: Inside. MR. MUSSE: So the Treetops of Naples own all the common elements. BOARD MEMBER JOHNSON: Underneath the subfloor, then? MR. MUSSE: Yeah. So the permit is just for the subfloor. CHAIRMAN KAUFMAN: So we got -- let me summarize this, if I can. June 27, 2024 Page 91 MR. MUSSE: Sure. CHAIRMAN KAUFMAN: We've got three units with holes in the floor? MR. MUSSE: Two, technically. CHAIRMAN KAUFMAN: Well, I was going to get there. Three with holes in the floor, one that has a permit's going to get resolved. MR. JOUBERT: No. One -- only one with holes in the floor. The other both have been fixed, but he wants to close out the permits. CHAIRMAN KAUFMAN: We want to close out the case. BOARD MEMBER JOHNSON: And to close out the case, yes. CHAIRMAN KAUFMAN: All right. So three: One's got a permit. No problem. It will get fixed, and the permit will get CO'ed, okay. That's one. The other two, whether there's a hole in the floor or not, needs to be resolved. MR. JOUBERT: Yes. CHAIRMAN KAUFMAN: And the people who are responsible for resolving it are Treetops; is that correct? MR. JOUBERT: Well -- CHAIRMAN KAUFMAN: Well, there's an HOA. They own from the sheetrock out. BOARD MEMBER JOHNSON: Yes -- no, you are correct with that, and that's a common element. CHAIRMAN KAUFMAN: Okay. Right. MR. JOUBERT: The only thing I don't know is when they did this if they had any other work done above that, because sometimes they do that. CHAIRMAN KAUFMAN: Well, it's not in front of us, so I don't know. I used to be the head of a condo association, so I feel for you, because you get all the headaches. But it's somebody else June 27, 2024 Page 92 that's going to have to pay for this, and that's what it comes down to. MR. JOUBERT: Understood. CHAIRMAN KAUFMAN: So we're going to find it in violation or not, and then we'll get a resolution to it, which Treetops should have no problem adhering to. It's not a big deal, I don't think. So would someone like to make a motion whether this is -- BOARD MEMBER JOHNSON: I make a motion a violation exists. BOARD MEMBER ELROD: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion -- thank you -- that a violation exists, and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Abstains.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. BOARD MEMBER AYASUN: Now. CHAIRMAN KAUFMAN: Jonathan, do you have a suggestion for us? MR. MUSSE: The county recommends the Code Enforcement Board order the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by obtaining any required Collier County building permits, inspections, and certificate of completion for the repairs to the subfloor to bring the property into compliance with the June 27, 2024 Page 93 requirements of the Collier County Property Maintenance Code within X amount of days, or a fine of X amount of dollars will be imposed until the violation has been abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into appliance 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. Arthur, Bud, you're familiar with the ones that had a problem that have been fixed? MR. JOUBERT: Yes. CHAIRMAN KAUFMAN: In your estimation, how long do you think it would take to get these other units into compliance? MR. JOUBERT: Closed out, the permits closed out? CHAIRMAN KAUFMAN: Yep. MR. JOUBERT: They should be able to do it in a month or two, I would think. They're probably going to have to hire someone -- CHAIRMAN KAUFMAN: Whatever it takes -- MR. JOUBERT: -- a contractor, and hopefully it doesn't resolve in a big deal legal issue, but... CHAIRMAN KAUFMAN: Okay. MR. JOUBERT: At least those are safe. And I will work hard to get those solved. CHAIRMAN KAUFMAN: Okay. You get an extra medal for all the work you do. I understand. MR. JOUBERT: There's a saying for that. I can't remember what it is, about the medals. Go ahead. June 27, 2024 Page 94 CHAIRMAN KAUFMAN: So let's say it's going to take -- I'm making a motion now -- three months, 90 days, and a fine of $200 a day after the 90 days. That should be motivation enough for Treetops to resolve this situation. MR. JOUBERT: It will. CHAIRMAN KAUFMAN: Okay. MR. NOELL: Is that per unit? Is that per unit? BOARD MEMBER AYASUN: Yes, you have to give the unit number. MR. NOELL: Is that going to be $200 fine per unit or a $200 fine if the totality's not in compliance? CHAIRMAN KAUFMAN: Per unit. Extra motivation. BOARD MEMBER AYASUN: And what unit numbers? CHAIRMAN KAUFMAN: And the unit numbers -- well, 5221 already has a building permit that needs to be closed out. So the other two units are 5206 and 5401. Am I doing okay, Jonathan? MR. MUSSE: You're doing awesome. BOARD MEMBER BHATLA: Just a clarification. CHAIRMAN KAUFMAN: What? BOARD MEMBER BHATLA: Who is the responsible party? Is it -- CHAIRMAN KAUFMAN: Treetops. BOARD MEMBER BHATLA: -- the owner of the condominium? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER BHATLA: As opposed to HOA? CHAIRMAN KAUFMAN: The HOA is the governing body of the -- BOARD MEMBER BHATLA: Common areas. CHAIRMAN KAUFMAN: Right, okay. The common areas, that's right. June 27, 2024 Page 95 BOARD MEMBER BHATLA: But the floor is inside the apartment. CHAIRMAN KAUFMAN: It's outside. Outside. BOARD MEMBER BHATLA: It's outside. CHAIRMAN KAUFMAN: It's outside. It's flooring. MR. JOUBERT: It's below -- it's the subfloor. It's a common element. BOARD MEMBER BHATLA: Okay. MR. JOUBERT: So if we -- someone bought that unit when it was being built, it was empty, they'd finish everything else. CHAIRMAN KAUFMAN: Are you satisfied with what we did? MR. JOUBERT: I am, yes. CHAIRMAN KAUFMAN: Okay, Bud, thank you. Okay. So all in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Abstains.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much and thank you for taking care of the situation here. I know it's a thankless job. MR. JOUBERT: Yes, it is. Okay. Thank you. Thank you to the Board. CHAIRMAN KAUFMAN: We've got to get Jonathan back. Jonathan -- John. BOARD MEMBER AYASUN: John back. June 27, 2024 Page 96 BOARD MEMBER ELROD: I think he's having lunch. CHAIRMAN KAUFMAN: They go through the door; they don't come back? What are we going to hear next? MS. BUCHILLON: ***Next case, Case No. 10, CELU20220010394, Barbara J. Jackson. 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. BARNETT: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. BARNETT: Wyatt Barnett. CHAIRMAN KAUFMAN: You could pick it up a little bit. The other short people, you know. Okay. MR. NOELL: Mr. Barnett, do you have permission to speak on behalf of Ms. Jackson? MR. BARNETT: I do. I provided power of attorney. CHAIRMAN KAUFMAN: Okay. Alphonse. BOARD MEMBER JOHNSON: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. JONES: For the record, Investigator Alphonse Jones, Code Enforcement. This is in reference to Case No. CELU20220010394 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a), and Collier County Land Development Code 04-41, as amended, Sections 5.04.01(F), 1.04.01(A), and 2.02.03 addressing living and lodging in a travel trailer in a prohibited zoning district, and it's located at 1840 Harbor Place, Naples, Florida 34104. Folio No. 24983280004. June 27, 2024 Page 97 Service was given on January 8th, 2024, with the NOV posted at the property and courthouse. In addition, an NOV was mailed regular and certified mail to the respondent. This case was opened on November 17th, 2022, as a citizen complaint regarding unauthorized living and lodging in a recreational vehicle. Investigator Tom Pitura's initial inspection was done on November 22nd, 2022. A temporary-use permit was applied for on November 23rd, 2022. That temporary-use permit expired to November 18th, 2023, and as of today has not been renewed. The recreational vehicle was still on site for my initial inspection on November 3rd, 2023. On that visit, I spoke with the young lady who identified herself as the owner's granddaughter. I gave her a card and asked her to have her grandmother call me. I never received a call from the grandmother; however, I was able to contact her grandson, Wyatt, who was also listed on the case. I have spoken with Wyatt multiple times over the past few months. He's been very forthcoming. He informed me they were involved in a land dispute with the neighbors, and that's why nothing had been done to abate the violation. On January 4th, 2024, I, again, informed Wyatt the camper had to be removed. He stated he did not want to do anything until the land dispute was settled. As of today, the violation remains. At this time I would now like to present the case evidence in the following exhibits: Five pictures, two taken by Investigator Pitura on May 24th and three taken by myself, one on November 3rd, 2023, one on April 18th, 2024, and one yesterday. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection? June 27, 2024 Page 98 MR. BARNETT: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the -- BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay, to accept the photos. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JONES: This is a picture taken by Investigator Pitura. That one as well, both on 5/24. BOARD MEMBER FUENTES: Just to confirm, it is currently hooked up to utilities? MR. JONES: Yes, sir. My initial investigation, November 3rd, and additional investigation/inspection on 18th, and the one taken yesterday. CHAIRMAN KAUFMAN: There's a sewer connection? BOARD MEMBER FUENTES: Yes, it is. The first photo displays that. CHAIRMAN KAUFMAN: My question: Is that permitted? MR. JONES: Negative, sir. CHAIRMAN KAUFMAN: So if you can't have a trailer, you can't have it hooked up to the sewer? MR. JONES: Correct. CHAIRMAN KAUFMAN: So that, in itself, is a violation. June 27, 2024 Page 99 MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Okay. Next. Does that take care of all the pictures? MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Okay. You're on. MR. BARNETT: So this is obviously from Ian; that's why we're in a trailer. It's -- the house was flooded. It was all flood cut. I have a property dispute -- my grandma has a property dispute with our neighbor, which started on November 16th of 2022. The neighbor came in with a Bobcat, claims he owns over eight feet, and it's -- the house would be about six feet over the line at that point. Came in with a Bobcat, leveled our fence, leveled an 8-foot hedge we had, and it's been nothing but a nightmare there. I do have report numbers where we've had to have the cops involved with the neighbor. And I just recently filed for a restraining order from him. But that's besides this case. We can go to -- I have Case No. 2023-CA-286; that's the lawsuit. And we filed for summary judgment, which is set for late July. And if it's not settled there, trial is set for the last week of August, I believe, and the first two weeks of September. Obviously, once that's settled, then I can go about pulling the building permits, and that's how I obtained the temporary use for the camper to be there. That's where the issue is, is I cannot get a temporary-use permit because I don't have any building permits at the moment to rehab the house. CHAIRMAN KAUFMAN: So you don't have a temporary permit? MR. BARNETT: Correct. It expired, and I can't -- I can't renew it without a current building permit, which I don't know how I can get a current building permit if there's two separate property lines. June 27, 2024 Page 100 CHAIRMAN KAUFMAN: Okay. MR. BARNETT: I did speak with him briefly about the camper being there. If I could get -- I guess it would be a continuance is what I would ask for until after the lawsuit, and then I could remedy the issue by getting the temporary-use permit once I can get building permits. CHAIRMAN KAUFMAN: And the trial is set for July? MR. BARNETT: There's a summary judgment set for late July, and then if -- obviously, if it's not settled there, it will go to trial, which is August, September. BOARD MEMBER AYASUN: May I ask a question? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER AYASUN: Who’s living in the house? Who’s living in the trailer? MR. BARNETT: Nobody's living in the house. I live in the trailer with my wife. My grandma does stay some when she's not with family. BOARD MEMBER FUENTES: Who owns the property; the grandma does, correct? MR. BARNETT: My grandma. I've lived there since I was 17. CHAIRMAN KAUFMAN: So for three years. Okay. BOARD MEMBER ELROD: Would a survey fix this? MR. BARNETT: So the -- the issue with that is back in 2000, there was an agreement between my grandparents and the old neighbor, which settled the original property dispute. It's attached -- it was attached to the title. It named the Nelson survey, which I do have a copy of here, as the proper survey because it -- the house was built in -- don't quote me on this -- but it's 65. It could be '66. June 27, 2024 Page 101 And the county came in at that time, they cut a canal over there, added dirt to the back, so there's a bunch of different conflicting pins, so on and so forth. This was settled with the old neighbor. This guy bought the house right after the hurricane and has refused to acknowledge that existed. Came in, did all that with no notice, just started pushing stuff over. And this is -- this is the argument we have. It's probably -- it's going to probably be settled at summary judgment, I hope. And that's -- so, no, a survey doesn't really help it. BOARD MEMBER FUENTES: The problem is that we have a recreational vehicle attached to utilities. It's not allowed -- we're not allowed to have that on there currently. We have campsites for you to be able to do this, but you can't have it on site. And it sounds like you don't want to remove it until you resolve the issue with the neighbor. And what you're asking is for us to allow a violation to continue so that you can resolve your dispute with your neighbor while you're fully aware that there's currently a violation that you've been educated on, but you won't correct it because there's a dispute for land. Hey -- and I get it, I mean, but we are two years after Ian. If that camper can't be there, what would prevent you from just relocating it to a proper campsite where we're able to live in it without being in violation? Why wouldn't you do that while you still have your fight going on? MR. BARNETT: A campsite's not at the property that I lived at since -- for 11 years. It's the property -- I've been there. It's where we've lived. It's our house. We have -- we had a permit for the camper. It just expired, and I couldn't renew it. That's why I'm here today. And I should be able to renew it if I was able to get this building permit. BOARD MEMBER FUENTES: I understand that, but you June 27, 2024 Page 102 can't. So what you're asking us is to basically allow the violation to continue, which also falls under a health-and-safety issue. That's going to be a tough one. CHAIRMAN KAUFMAN: Let me see if I can act as King David. You say that the summary judgment will be done by probably the end of July. MR. BARNETT: Yes, that's what I -- CHAIRMAN KAUFMAN: That's two months from now. So I would like to give you two months till your summary judgment is done to move the camper or get a permit, and I think that would resolve the situation. BOARD MEMBER FUENTES: It depends. I mean, if you want to give weight towards health and safety, then you have to -- you know, we take it case by case, but that's what we have here, and we should treat them all the same, in my opinion, the way we always have. CHAIRMAN KAUFMAN: I don't disagree with you. I was just trying to find some middle ground. BOARD MEMBER AYASUN: It's actually one month. End of July is one month. CHAIRMAN KAUFMAN: Okay. Ordinarily we'd give them a month anyhow to resolve it, so -- but I'll go along with whatever the Board decides. BOARD MEMBER AYASUN: I do agree with John that we can't officially say we are allowing a violation. BOARD MEMBER FUENTES: That's the problem, because we're going to be opening the door. We still have a lot of folks here who are going to hear that we are now allowing health and safety to proceed for another 30 days in a legal dispute which has been known to be prolonged. It can have their own issues. It can have another hearing. It could be another extension, another rescheduling, June 27, 2024 Page 103 another deposition. We don't know. Then he's going to come back. We're going to -- we've already done it once. We're going to do it twice. It's a health-and-safety issue. We never allow RVs to be connected to utilities. He is fully aware of the violation. My recommendation would be that he does the proper thing and just relocates the RV to a proper campsite, which is why we have them here in Naples. And we have so many to select from, from Marco all the way up to 111. We get it over there. That way he's not even here anymore. He wouldn't have a violation with us. And he can handle his matters separately versus being intertwined with a legal dispute for a neighbor. BOARD MEMBER ELROD: I have another question. CHAIRMAN KAUFMAN: Shoot. BOARD MEMBER ELROD: If you're not on site, would your neighbor demolish your house? MR. BARNETT: It could be. I mean, this is -- I filed a restraining order just to try and keep him off my property. It's a constant -- BOARD MEMBER FUENTES: So if he's already -- if he's already going to proceed with court -- with legal matters, and they decide to bulldoze his house, trust me, he's going to walk out a happy man. He will -- I'm pretty sure they can't just do that. That would be insane. And there's already attorneys involved. There might be, you know, things in place to prevent things like that from happening. But we're here to hear this case. Is this a violation? The answer is yes. Should we be hearing about the legal battle between him and his neighbor? No. We know it's a health-and-safety issue. We need to address it June 27, 2024 Page 104 as we always have. If this is the -- if this is the way we're going to start going, then everybody else here can do the same exact thing. They can come in and say, "Hey, you know, my neighbor's been using my toilet. I can't exactly, you know, kick him" -- we can't do that, you know. Treat it the way it is, health and safety. He can relocate the camper. He'll never have a violation. We don't have to give any extensions. He doesn't have to pay the processing fee, none of that stuff, for attending here today, you know, or in the future. CHAIRMAN KAUFMAN: Did we vote on whether a violation exists? BOARD MEMBER FUENTES: Not yet. CHAIRMAN KAUFMAN: Not yet. Okay. Someone want to make a motion? BOARD MEMBER ELROD: Make a motion a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Alphonse, do you have a recommendation for us? MR. JONES: Yes, sir, I do. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of June 27, 2024 Page 105 $59.28 incurred in the prosecution of this case within 30 days and abate all violations by ceasing the occupancy of the recreational vehicle, which is not a permitted accessory or conditional use in this zoning district, and move the recreational vehicle to a permitted storage area within X number of days of this hearing, or a fine of X number of dollars will be imposed for each day any violation continues. Number two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. John, question for you. How long do you think it would reasonably take someone to move the trailer to a regular trailer park? BOARD MEMBER FUENTES: Does it have wheels? MR. JONES: Yes. BOARD MEMBER FUENTES: It has wheels? MR. JONES: Yes. BOARD MEMBER FUENTES: It takes 48 hours. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: It takes you two hours to hook it up at most, and you drive away. And I just want you to understand, the problem here is that this is a health-and-safety issue. I'm just looking at it from one perspective, health and safety. I hear what you're going through, but if we did that, we would have to do it for everybody. When it's a safety/health issue and you're aware of it -- and you are because he's June 27, 2024 Page 106 been communicating that -- MR. BARNETT: So the county has already allowed us to have the camper there. Why can it not re-extend that permit? BOARD MEMBER FUENTES: Because they're not willing to give you that permit at this time. I can't answer that, but I can tell you that they did it once doesn't mean they want to do it twice or three times. MR. BARNETT: They still have other people in the county with those permits. The only reason I cannot get that is because I do not have the building permit at the moment. BOARD MEMBER FUENTES: And that is something you have to get, then. And if they were in front of me today, I would tell them the same exact thing. This is a health-and-safety issue. That's why I told the Board here that I want to treat them all the same across. No favoritism. MR. BARNETT: So then if I go apply for a permit on this lot, the county can't guarantee me that that permit is correct. So I can go apply for a permit, get this -- get this extended permit, and then we'll be back here again because the permit's not going to be used, and it's not going to -- nothing going to happen. BOARD MEMBER FUENTES: Which is also why I suggested we go ahead and get that RV, and we go and put it in a proper location so that you're not here anymore. If it's at a campsite, you will have no reason to be here, and you can focus all your attention on the battles ahead of you versus this here right now just by putting it in a campsite. MR. BARNETT: But a campsite's not my house with my yard where my dogs go. I have dogs. They go to campsites. I can't just -- then I'm walking my dogs. BOARD MEMBER FUENTES: Campsites will allow dogs. But look, you've got to work with what you've got. Right now June 27, 2024 Page 107 you're in your own battle. It's not our job to try to walk you through everything. But you are in a battle. Pick your battles. This isn't a battle you need. This is a battle that it seems like you may want if you choose not to relocate it. The battle you need to focus on is the one that you have with your neighbor. That requires all of your attention, not this, not an RV, not when you can relocate it to a campsite where it allows dogs, bicycle rides, and walks at night with a campfire. Take it out there; that way you're not here. I think it would take 48 hours. BOARD MEMBER BHATLA: John? BOARD MEMBER FUENTES: And regarding the neighbor comment, that's why I told the board, treat it the same across all aspects here, because that comment right there, if we allow that, that's what opens the door for other people to stand up here tomorrow, next month, and treat it the way you just did. "Hey, the other guy did it. This guy had it. He was approved." It's a problem. BOARD MEMBER BHATLA: I would like to hear the county's -- BOARD MEMBER ELROD: Position. BOARD MEMBER BHATLA: Your position. MR. LETOURNEAU: As far as what -- we presented our position. What do you want to know about? We presented this as a code violation. BOARD MEMBER BHATLA: Okay. MR. LETOURNEAU: I think that -- and I can't speak for the Building Department as far as the permitting that this gentleman's brought up. I do know that there are some Hurricane Ian extensions that probably do allow a trailer out there with the building permit and the temporary-use permit, but he's not there yet, obviously, and he can't get there due to the fact that there's that property-line dispute. So as far as the county's concerned, we presented it as a violation, June 27, 2024 Page 108 and that's our stance on this. BOARD MEMBER BHATLA: So you won't make -- you won't make an exception of this case? MR. LETOURNEAU: I can't make an exception of this case. We have a complainant, and we have a violation, and the violation hasn't been taken care of. That's why we're sitting here in this board meeting right now. BOARD MEMBER BHATLA: That's fine, John. CHAIRMAN KAUFMAN: Unfortunately, it's not -- once it's presented to us, it's our problem -- BOARD MEMBER BHATLA: Sure. CHAIRMAN KAUFMAN: -- to resolve. Anybody else from the Board want to speak? BOARD MEMBER AYASUN: Just -- it's two different issues, and John separated it pretty clearly. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: One cannot go on before the other one is resolved. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: No, I agree with John. I mean -- CHAIRMAN KAUFMAN: Okay. So do you want to make a motion? BOARD MEMBER FUENTES: Can you pull that up again? MR. JONES: The pictures? BOARD MEMBER FUENTES: No, the recommendation. MR. JONES: The recommendation. CHAIRMAN KAUFMAN: It's 59.28 to be paid within 30 days, and the missing two items are how many days are you giving him to come into compliance and how much of a fine is there after the days expire? June 27, 2024 Page 109 BOARD MEMBER FUENTES: So we're going to go ahead and give 12 days to remove the RV from the location, if not, a fine of $200 will be imposed per day as well as 59.28 to be paid within 30 days for today's hearing. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: I think the day -- BOARD MEMBER BHATLA: I'll second it. BOARD MEMBER AYASUN: Okay. He seconded it. CHAIRMAN KAUFMAN: Okay. Bart seconded it. Okay. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. You have 12 days. MR. BARNETT: Okay. CHAIRMAN KAUFMAN: Thank you, Alphonse. MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: ***Next case, No. 12, CELU20240004229, Radio Road Shell, 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. AHMED: I do. CHAIRMAN KAUFMAN: Okay. Sir, could you state your June 27, 2024 Page 110 name on the microphone for us. MR. AHMED: Maher Ahmed. CHAIRMAN KAUFMAN: And you are affiliated with Radio Shell, LLC? MR. AHMED: Yes. I own the gas station at the location. CHAIRMAN KAUFMAN: Okay. Great. Okay. Alphonse. MR. JONES: Good morning. For the record, Investigator Alphonse Jones, Code Enforcement. This is in reference to Case No. CELU20240004229 dealing with violations of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03 addressing unpermitted storage and use of food trailers. This is located at 7392 Radio Road, Naples, Florida 34104. Folio No. 28530360108. Service was given on May 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 was opened on May 7th, 2024, as a citizen complaint. My initial inspection was conducted on the same day. At that time I observed two food trucks with outside seating. A notice of violation was issued on May 8th. Multiple site visits revealed the trucks had been removed after I spoke with him. As of today, the violation has been abated. Due to this being a recurring violation, the county is asking the Board to issue a finding of fact based on Case CELU20220003076, dated March 28th, 2022. I would now like to present case evidence in the following exhibits: Five pictures taken by me, two on May 3rd, 2024, two on May 13th, and one from yesterday. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. AHMED: Yes. June 27, 2024 Page 111 CHAIRMAN KAUFMAN: Do you have any objection? MR. AHMED: No. BOARD MEMBER ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER FUENTES: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JONES: These are pictures exhibiting the two separate food trucks from May 3rd. This one exhibiting the seating along with a rear end of one of the trucks. After speaking with him on May 13th, these are photos showing the vehicles. The food trucks have been removed. And one taken yesterday. CHAIRMAN KAUFMAN: That's it? MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Okay. Sir. MR. AHMED: Yes, sir. So I am the owner of the gas station, absentee owner. I live between Cape Coral and West Palm Beach. So my father and my uncle are the ones that run the store for me. So they're actually both overseas right now. And, you know, I went to check up on the property. I usually check up on it, like, once a month, and I saw the notice that we got from Mr. Jones. And, you know, went ahead and gave him a call, because usually my father June 27, 2024 Page 112 would handle all that stuff for me. And I told him, I'm like, "Hey, Mr. Jones, you know, I noticed the violation." And, you know, I went ahead, and once I saw it, I literally told them that, you know, they can't come back here. Like, "We can't have your food trucks here. We can't have your outdoor seating." And, you know -- so he's just like, "Okay, no problem. You know, just make sure you show up today," and that's why we are here. CHAIRMAN KAUFMAN: Okay. And the reason that you're here today is they want to put it on the record because I guess in the past they've had -- MR. AHMED: I guess, yes, there was an issue. CHAIRMAN KAUFMAN: So what that means is once it's part of the record, should it happen again, it would become a second violation, and the appropriate fines would be leveled [sic] at that time. MR. AHMED: Understood. It won't happen again. CHAIRMAN KAUFMAN: That's what I want to hear. Great. Okay. So we could find the respondent was in violation, and it has been abated. So someone want to make that motion? (No response.) CHAIRMAN KAUFMAN: I just did it. Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And it's seconded. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. June 27, 2024 Page 113 BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have the 59.28 to be paid in 30 days, and it will be on the record now that it was found in violation, and you are in compliance now. MR. AHMED: Awesome. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Thanks, Alphonse. MR. JONES: Yes, sir, thank you. MR. NOELL: And if I can -- because the violation was timely abated, and so him coming here is kind of more of a technicality on behalf of the county. So I'd ask -- because the motion didn't include the operational costs, so I would ask -- CHAIRMAN KAUFMAN: I did say 59.28. MR. NOELL: Oh, I didn't hear that the motion that was voted on included that. I don't -- I don't know that that would be proper because he was -- he was -- he complied with the county fully and timely pursuant to the notice of violation. So the county -- so he didn't force the county to bring this hearing because he was not in violation. The county chose to bring the hearing to -- so they could have a record of a repeat violation. So, essentially, when an operational cost is imposed is because the county has to do extra work due to the inaction of the respondent. In this case, since it's just a finding of fact, he did everything that he was supposed to do as far as comply. So I think it would probably be proper to remove any operational costs for the prosecution of this hearing because he's not the one bringing the hearing -- the necessity for the hearing. He was in compliance. That's my opinion. June 27, 2024 Page 114 MR. LETOURNEAU: I just have a question. Alphonse, was the food trucks removed -- were they removed in the compliance time of the notice of violation? MR. JONES: Yes, they were. MR. NOELL: So if the Board's in agreement with that, then I would just ask for a motion for reconsideration and then to reflect that change. CHAIRMAN KAUFMAN: Okay. Motion for reconsideration. BOARD MEMBER AYASUN: Yes, so moved. CHAIRMAN KAUFMAN: Seconded. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER AYASUN: You don't have to pay $59. MR. AHMED: Thank you. CHAIRMAN KAUFMAN: But you have to fill up my tank. MR. AHMED: No problem. Stop on by. BOARD MEMBER AYASUN: It's on the record. BOARD MEMBER ELROD: Thank you. MR. AHMED: Thank you. MS. BUCHILLON: ***Next, under old business, B, motion for imposition of fines and liens, No. 3, CESD20210011506, Saint Jean Services, LLC. June 27, 2024 Page 115 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. PULSE: I do. MR. DUCATEL: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us, Dee? MS. PULSE: Sure. For the record, Dee Pulse, Collier County Code Enforcement. Past orders: On July 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusions 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 3459, for more information. On February 23rd, 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 not been abated as of June 27th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 26th, 2022, to June 27th, 2024. It's 580 days, for a total fine amount of $116,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.56. Total amount: 116.59 -- $116,059.56. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone. MR. DUCATEL: Rico Ducatel. CHAIRMAN KAUFMAN: Okay. And you are? MR. DUCATEL: I am representative and partial owner. CHAIRMAN KAUFMAN: Okay. It looks like this is June 27, 2024 Page 116 accumulating a lot of fine. MR. DUCATEL: Yeah. So to make a super long story short, to condense it, is once -- well, basically, it was a shed that we had behind our property, and then there were improvements made because there's, like, nieces and nephews and kids at the property because of different hurricanes -- well, really for the growing family. And so what happened was once we were hit with the notice of violation, I got a contractor and qualifier that put in a permit for putting a shed on the property, and that permit took a year, and was that -- the contractor's kind of like -- I guess it must have been his first time because he wasn't as knowledgeable as he should be. So we went through a year of doing everything that needed to be done to get the shed in place, and then, I don't know, maybe about a year and some change, at the final -- the final inspection final -- right before you get, like, your CO, the county actually came in and said, "Hey, you actually filed the wrong permit." You actually -- installation of a shed, but because there's been improvements on it, it's no longer a shed. And so at that point, I kind of like got rid of that old contractor qualifier person and had a new person and spent another year trying to -- and doing everything that the county kind of wanted to and told me to do. And then, basically, up and to today at this point, after spending so much time on it, after it being so long, after doing so much and spending so much money, I'm just going to get rid of it -- not get rid of it. Take it away. So, basically, I'm just asking maybe for 30 or 60 days to either sell it to someone else or just to find somewhere else to put it to remove it from the property to abate the permits -- the violations and everything. So, yeah. MR. LETOURNEAU: Can I ask you -- right here, sir. Are June 27, 2024 Page 117 there utilities hooked up to the shed? MR. DUCATEL: Yes, there are. MR. LETOURNEAU: So you're probably going to need a demolition permit for this process. MR. DUCATEL: Actually, it's not -- well, it's not -- it's not complete. MR. LETOURNEAU: It's not hard-wired? Is it -- MR. DUCATEL: Yeah, no, it's not hard-wired. MR. LETOURNEAU: Is it extension cords? MR. DUCATEL: Yeah. Well, no, it's not extension cords. So there is utilities tied to it. So I don't know if I -- it's really basically -- it's the shed that you can -- that it's, like, tied -- tied in that a company can come, and you spin them, and they can kind of untie it, and it can be lifted, and it can be put on a truck and it can be hauled away. The only thing that really needs to be cut is maybe, like, two or three pipes. I don't know if that -- MR. LETOURNEAU: Yeah, well, that's going to require a demo permit, yeah. MR. DUCATEL: Okay. All right. CHAIRMAN KAUFMAN: The reason that Jeff mentioned that -- and I'm looking -- it's not into compliance so the fines continue to occur [sic] every day. MR. DUCATEL: Right. CHAIRMAN KAUFMAN: And that's why it's such a huge amount. MR. DUCATEL: I think -- and my opinion was what I've been functioning over the last two years is I wanted to come into compliance. So I've been down to the county. I've been talking to Dee. There's been -- you know, there's been engineers. There's been architects. There's been contractors. There's been maybe about between five and seven different plan changes. There's been June 27, 2024 Page 118 modifications. It's been lifted. You know, FEMA department, Ray Bellows, and everyone. I've talked. I sit down. There's pre-application meetings. There's variances that were applied for. So this wasn't just a time where I just kind of like ignored it for two years. This is going in maybe once or twice every month or so for the last two years making changes, making modifications, getting engineers and architects, you know, sign of approval, stamp, signed, sealed, sent to the county. It's -- and it just -- CHAIRMAN KAUFMAN: So you're saying it shouldn't take you longer than a month to get rid of this? MR. DUCATEL: Yeah. So it's either going to be sold, or it's just going to be moved off site. CHAIRMAN KAUFMAN: Within how long? MR. DUCATEL: I would say 30 days, but I mean, it's -- I'm actually advertising, and I have some people calling me back. Sixty days at the most; 30 days minimum. MR. LETOURNEAU: The reason I brought up the demo permit, I think the 60-day would be more prudent. CHAIRMAN KAUFMAN: I understand. MR. DUCATEL: Okay. CHAIRMAN KAUFMAN: Let me make a motion that we grant a 60-day continuance on this. BOARD MEMBER FUENTES: Second. Operational costs. CHAIRMAN KAUFMAN: Operational costs of 59.56 be paid within 30 days. MR. DUCATEL: Okay. CHAIRMAN KAUFMAN: Okay. And then after you come into compliance, then you can come back, and we can talk about the fine. MR. DUCATEL: Yeah. Thank you. But as I -- I don't know if I need to print anything out, but it's all on the website just the June 27, 2024 Page 119 different steps that it's been taking to -- you know, back and forth with, "Hey, what do we need to be in compliance." CHAIRMAN KAUFMAN: You can take that up with Dee. MR. DUCATEL: Okay. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PULSE: Thank you. MS. BUCHILLON: ***Next case, No. 4, CELU20220010742, Amy Marie Lowell. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. LOWELL: I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. LOWELL: Amy Lowell. CHAIRMAN KAUFMAN: Okay. Rick. MR. MIGAL: Rick Migal, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Rick, do you want to read this into the record for us, please? MR. MIGAL: Okay. Past orders: On April 27th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law June 27, 2024 Page 120 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, OR6248, Page 836, for more information. On November 17th, 2023, the Code Enforcement Board granted an extension of time. See the attached order of the Board in documents and images for more information. The violation has been dated as of April 11th, 2024. Fines and costs to date are as follows: Part 1, fines have accrued at a rate of $150 per day for the period from March 18th, 2024, to April 11th, 2024, or 25 days, for a total fine amount of $3,750. Part 2: Fines have accrued at a rate of $150 per day for the period from March 18th, 2024, to April 11th, 2024, or 25 days, for a total fine amount of $3,750. Previously assessed -- previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.49. Total amount is -- of the fines is $7,559.49. The factors are as follows: The gravity of the violation is health and safety. Any actions taken by the violator to correct: Litter, shipping containers, buildings, inoperable vehicles were removed from the property. The remaining vehicles and trailers are operable and are affixed with current tags. There were no other previous violations and no other relevant factors. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: All right. Cool. CHAIRMAN KAUFMAN: Anybody want to take a shot at this? BOARD MEMBER FUENTES: Yeah, I'll make a motion. I will make a motion that today's operational costs of 59.49 do get paid June 27, 2024 Page 121 within 30 days, as well as we will reduce the county's fines down to $500, to be paid within 30 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. We're getting tired of seeing you. MS. LOWELL: I know. BOARD MEMBER AYASUN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: So I'm sorry to see you go, but... MS. LOWELL: I'm not. Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: ***Next case, No. 5, CESD207190014019, Yunior Lopez Morell. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. FRANCO: Yes, 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? MS. COOPER: I do. MR. LOPEZ: I do. THE COURT REPORTER: Your name? MR. FRANCO: Martin Franco. CHAIRMAN KAUFMAN: Could you both state your name on the microphone for us, please. June 27, 2024 Page 122 MR. FRANCO: My name is Martin Franco. I got my own case, but he wants me to translate for him. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ: Yunior. CHAIRMAN KAUFMAN: Okay. And -- MS. COOPER: Good afternoon. For the record, Latoya Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Latoya, you want to read this into the record for us, please? MS. COOPER: Yes. On June 23rd, 2021, the Code Enforcement Board issued a 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, OR5979, Page 3420, for more information. On February 24th, 2022, the Code Enforcement granted an extension -- an extension of time, yes, sorry. The Code Enforcement Board granted an extension of time, and it was granted. On June 23rd, 2022, September 28th, 2023, and February 22nd, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has been abated as of May 28th, 2024. Fines and costs to date are as follows: Fines have occurred [sic] at a rate of $50 per day for the period from May 25th, 2022, to May 28th, 2024, 735 days, for a total fine amount of $36,750. Previously assessed operational costs of 59.28, 59.63, and 59.84 have been paid. Operational costs for today's hearing, $60.05. Bringing the total amount to $36,810.05. The factors are the gravity of the violation: Not health and safety. Any actions taken by the violator to correct: They obtained the June 27, 2024 Page 123 Permit PRBD20210207739 for the additional lanai. It was finaled and CO'ed. They also obtained the Permit PRDB20210207745 [sic] for the detached shed. It was finaled and CO'ed. Any previous violations committed by the respondent: None. Any other relevant factors: None. BOARD MEMBER FUENTES: So just a reminder, this was the gentleman who had hired Octavio and Cruz. Super hard time. Couldn't get ahold of anybody. So I'd like to make a motion. He fell sleep. MR. FRANCO: Yeah, he sleeping. BOARD MEMBER FUENTES: Thousand dollars for that. So I'd like to make a motion that the operational costs for today of 60.85 do get paid. CHAIRMAN KAUFMAN: Five cents. BOARD MEMBER FUENTES: Oh, 5 cents. $60.05 do get paid within 30 days, and we go ahead and deny the county's imposition of fines. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. June 27, 2024 Page 124 MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: That he understood. BOARD MEMBER FUENTES: You didn't hear him earlier snoring? MS. BUCHILLON: ***Next, case, Case No. 6, CESD20220008207, Walter A. Navarro, Krissia I. Palacios, Graciela E. Hughes, and John Hughes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. NAVARRO: I do. MS. PALACIOS: I do. CHAIRMAN KAUFMAN: Good morning. MR. NAVARRO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. NAVARRO: Walter Navarro. MS. PALACIOS: Krissia Palacios. CHAIRMAN KAUFMAN: Okay. Jason I think I know. MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Do you want to read this into the record for us, Jason? MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Thank you. MR. PACKARD: For the record, Jason Packard, Collier County Code Enforcement Board. Past orders: On April 27th, 2023, the Code Enforcement Board issued a findings of fact, conclusions 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, June 27, 2024 Page 125 OR6248, Page 841, for more information. On March 28th, 2024, the Code Enforcement Board granted a continuance. See attached order of the Board in documents and images for more information. The violation has been abated as of May 8th, 2024. Fines and costs to date are as follows: Part 1, abated by May 2nd, 2023. Part 2, fines have accrued at a rate of $200 per day for the period from August 26th, 2023, to May 8th, 2024, 257 days, for a total fine amount of $51,400. Previously assessed operational costs of 59.28 and 59.63 have been paid. Operational costs for today's hearing: 59.84. Total amount: $51,459.84. The gravity of the violation: It was a health-and-safety violation. Actions taken by the violator to correct: Permit PRFH20221048382 was applied for on 10/20/2022 to permit the interior renovations in the garage. The permit was then canceled due to the requirements to bring the area up to code, and a demolition permit was applied for on 3/25/2024. Permit was finaled on 5/6/2024. No previous violations committed by the violator -- by the respondent, and no relevant factors. BOARD MEMBER FUENTES: I've got two questions for you. MR. PACKARD: Yes, sir. BOARD MEMBER FUENTES: Was this a preexisting issue that they had purchased into, or did they create the issue? MR. PACKARD: Mr. Navarro, was this something you guys -- MR. NAVARRO: It was -- it was a toilet already over there, but we did a shower over there. BOARD MEMBER FUENTES: And this was the one that was June 27, 2024 Page 126 rented, correct? MR. NAVARRO: What's that? BOARD MEMBER FUENTES: This is the one that was rented? MR. NAVARRO: No, it wasn't rented. BOARD MEMBER FUENTES: Okay. MR. NAVARRO: Yeah -- no. CHAIRMAN KAUFMAN: Okay. Anybody have any questions? Want to make a motion? BOARD MEMBER ELROD: I'll make a motion that they pay 59.84 in 30 days, and we deny the county the imposition of fines. CHAIRMAN KAUFMAN: Do we have a second? BOARD MEMBER JOHNSON: I'll second. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: Okay. All in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? Aye, aye. BOARD MEMBER FUENTES: Nay. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Okay. Fails 3-3. Okay. I'd like to make a motion that the operational costs of 59.84 be paid within 30 days and the fine be $2,500. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. BOARD MEMBER FUENTES: To be paid? CHAIRMAN KAUFMAN: To be paid in 30 days. BOARD MEMBER FUENTES: Tarik seconded. MR. NAVARRO: Can I speak why it took -- it took that June 27, 2024 Page 127 amount of time? And Jason also understand that. Since he approached to me, you know, it's been, like -- I know it's been a year, but I've been working, you know, like, through all this time. I hire a general contractor. Then I have to pay architects, you know. I got denied on trying to get all the permits for this -- for this garage to get it to, you know, like, a living area. I got rejected three times. Then once I realized I won't be able to get all this -- my permits, I went in to try to get a demolition permit, and they told me to contact the general contractor one more time so he can pull up the permit that he was having on place first. That takes time. Then I got into communication with him. He didn't. Then I have to pay another architect, you know, to do the demolition that was getting in place. Then I -- BOARD MEMBER JOHNSON: This is what I'll do -- because we have a motion, okay? MR. NAVARRO: Yeah. BOARD MEMBER FUENTES: How about we do a motion where you pay today's operational costs of 59.84 within 30 days, but you also have to pay a thousand dollars within 30 days, okay? MR. NAVARRO: That works. BOARD MEMBER FUENTES: That's going to reduce it from -- $1,500 from where he was at. BOARD MEMBER AYASUN: Second. BOARD MEMBER FUENTES: But that's the best that we can do. BOARD MEMBER AYASUN: Second. MR. NAVARRO: That's works for me. BOARD MEMBER FUENTES: Okay. MR. NOELL: And then just, procedurally, do you withdraw the -- CHAIRMAN KAUFMAN: I did. June 27, 2024 Page 128 MR. NOELL: -- motion, Chairman? CHAIRMAN KAUFMAN: Yes. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. NAVARRO: Thank you. MS. PALACIOS: Thank you. MR. PACKARD: Thank you. MS. BUCHILLON: ***Next case, Case No. 8, CESD20230002893, Israel Acevedo and Nereida Rosa. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COOPER: I do. MR. ACEVEDO: I do. MS. ROSA: I do. MR. ACEVEDO: For the record, my name's Edgar Acevedo, representing my father, Israel Acevedo, and mom. MS. ROSA: And my name is Nereida Rosa. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, please? MR. COOPER: Yes, sir. For the record, Craig Cooper, June 27, 2024 Page 129 Collier County Code Enforcement. Past orders: On September 28th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6298, Page 1667, for more information. On February 22nd, 2024, 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 May 13th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 27th, 2024, to May 13th, 2024, 108 days, for a total fine amount of $21,600. Previous assessed operational costs of $59.28 and $59.42 have been paid. Operational costs for today's hearing are $59.56. Total amount: $21,659.56. The gravity of the violation is not health and safety. Any actions taken by violator to correct: By obtaining the certificate of completion for Permit No. PRFH20230939245 on May 13th of 2024. Previously violations committed by this respondent: None. And any relevant factors: None. CHAIRMAN KAUFMAN: Okay. Any comments or motions from the Board? BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'll make a motion that you guys go ahead and pay the operational costs for today of 59.56 within 30 days, and I would reduce the county's fines to $500 from 21,659.56 -- BOARD MEMBER AYASUN: Second. June 27, 2024 Page 130 BOARD MEMBER FUENTES: -- to be paid within 30 days. MR. ACEVEDO: Okay. Thank you. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MR. ACEVEDO: Thank you. MS. RODRIGUEZ: Thank you very much. MS. BUCHILLON: ***Next case, No. 9, CELU20180014672, Jonathan F. Mejia Ochoa and Maria Doleres Ochoa Almaraz. 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. MR. OCHOA: I swear. MR. MEJIA: Yes. CHAIRMAN KAUFMAN: Okay. Cristine, you want to read this into -- Gentlemen, could you give me your name on the microphone, please. MR. OCHOA: Jonathan Mejia Ochoa. CHAIRMAN KAUFMAN: You can lift it up. MR. OCHOA: Jonathan Mejia Ochoa. June 27, 2024 Page 131 CHAIRMAN KAUFMAN: Okay. MR. MEJIA: Jose Mejia, his brother. CHAIRMAN KAUFMAN: And, Cristine, if you'll read this into the record for us. MS. PEREZ: Yes. Jose is Jonathan's older brother. So for the record, Cristina Perez, Collier County Code Enforcement supervisor. Past orders: On July 25th, 2019, 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, OR5661, Page 3478, for more information. On July 22nd, 2021, 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 May 21, 2024. Fines have accrued at the rate of $200 per day for the period from November 23rd, 2019, to May 21st, 2024, 1,642 days, for a total fine amount of $328,400. Previously assessed operational costs in the amount of $59.49 and $59.35 have been paid. Operational costs for today's hearing is $59.56, for a total amount of $328,459.56. The gravity of the violation did not -- is not a health and safety. Actions taken by violator to correct: They obtained Permit No. PRBD20190728546 for the unpermitted structure, all -- requested all related inspections, and were issued the certificate of occupancy. That was issued on May 21, 2024. Previous violations committed by the violator were none, and there's no additional relevant factors. CHAIRMAN KAUFMAN: Okay. All right. How come it took so long? June 27, 2024 Page 132 MR. MEJIA: So this happened back in, like, 2019, like, around the COVID year. It happened, like -- it took me a while to get the permit. I found -- I was lucky to find a contractor that knew how everything works, how to make everything legal. But in the meantime, it took, like, almost two years to get the permit. And after -- to get the permit, I had to find subcontractors that could attach their license to my permit, so it took me, like, almost a year to find all of them during that. Back then, there was not a lot of people working, and the prices went so high. And after I finally found everybody, most of the people were not giving me quotes on papers. I was getting verbal quotes, and I couldn't work with that. And then people would come to give me a quote. I would call; people wouldn't show. And after that, once I started getting all my inspections, I found that I had more and more inspections, more things that I needed to do, like surveys, also certificates, plans. CHAIRMAN KAUFMAN: Let me stop you a second. The violation is for a mobile home on Estate property; is that correct? MR. MEJIA: Yeah. That was already in the property when we buy the property. CHAIRMAN KAUFMAN: So my question was, how long does it take to move the mobile home? What's all the construction discussion? I don't understand. MS. PEREZ: If I may -- if I may add to that, just to clarify how -- they actually -- the document that we just read into the record says they obtained a permit. So the reason he had a hard time finding an engineer is because of the type of structure that had to be engineered. It was, like, a modular mobile home structure. When they purchased the property, it was in existence on there. So he did some -- he did alter some work, and that's how the code case started. He had to find an engineer that was going to June 27, 2024 Page 133 certify that as a building so that they could be able to get a permit. From my conversation with Mr. Mejia, he said that he used it for storage, but when this code case came up, they modified the building to be a guesthouse. So it is legally permitted today as guesthouse. BOARD MEMBER FUENTES: He said the structure was already there before he purchased the property? MS. PEREZ: Correct, and I verified that information through the Property Appraiser aerials. They purchased that property -- do you remember when you purchased it? MR. MEJIA: 2012. MS. PEREZ: Oh, yeah, that's right, 2012. And in the aerial photos, it appears in the aerial of -- it was not there in 2008, and then it was there in 2009. BOARD MEMBER FUENTES: Fine. Okay. I'll make a motion that today's operational costs of 59.56 do get paid within 30 days, and I will reduce the large number down to $1,500 to be paid within 40 days, okay. MR. MEJIA: 1500? BOARD MEMBER FUENTES: 1500. One thousand five hundred within 40 days. BOARD MEMBER AYASUN: Instead of 326,000. MR. MEJIA: Thank you so much. BOARD MEMBER AYASUN: Second. MR. MEJIA: Appreciate it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. June 27, 2024 Page 134 BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you very much. MR. MEJIA: Thank you. MR. OCHOA: Thank you. MS. BUCHILLON: ***Next case, No. 12, CESD20190007384, Martin Franco Lopez. CHAIRMAN KAUFMAN: Are we all sworn? THE COURT REPORTER: (Shakes head.) CHAIRMAN KAUFMAN: Sherry? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. MR. FRANCO: I do. CHAIRMAN KAUFMAN: Sir, could you state your name in the microphone for us, please. MR. FRANCO: For the record, my name is Martin Franco Lopez, owner of the property, 530 6th Street Northeast, Naples, Florida 34120. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement, investigator. Past order of the Board: On October 25th, 2019, the Code Enforcement Board issued a finding of fact, conclusions 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, OR5696, Page 3401, for more information. The violation has been abated as of April 16th, 2024. June 27, 2024 Page 135 Fines and costs to date are as follows: Fines have accrued at the rate of $250 per day for the period from January 24th, 2020, to April 16th, 2024, 1,545 days, for a total fine amount of $386,250. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing is $59.35. Total amount: $386,309.35. A, the gravity of the violation is not health/safety. B, any actions taken by the violator to correct was the permit was obtained for a previously unpermitted horse barn. C, previous violation committed by the respondent/violator: None. D, any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir, what took so long? MR. FRANCO: Yeah. So -- well, you know, it was in -- by the end of 2019, and I started looking -- after we have the hearing here, I started looking for an engineer to prepare the plans and an architect, which I was working with them. I called a few, they didn't respond, and then we got the COVID, and I couldn't get an answer from them. You know, it was like dragging and dragging. People couldn't, you know, visit the job and look at it or give me an estimate. So it took me a while to get the permit -- I mean, the plans to submit the permit. And then after that, we got revisions, and it was, like, just taking long. FPL was one of the biggest issues, too. It take almost a year and a half to respond me, e-mails, because they were, like, switching people. And as you see, there was a revision also for electrical, which we have to swap to a generator, because I couldn't get an answer from FPL. So we did our revision to have electrical with a generator instead of having that. June 27, 2024 Page 136 And it was just, like, I couldn't find people to do the work. And, you know, county, it was taking a little longer than usual to issue, you know, permits. CHAIRMAN KAUFMAN: Let me quote from a past member of this board, Gerald, who used to say, "You can build high-rise on the beach in less than five years." So this is -- I know there have been some delays, and we had a hurricane, et cetera. But five years seems an awful long time. So that's my comment on this. Anybody want to make a motion? BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Make a motion that today's operational costs of 59.35 do get paid within 30 days, and that we reduce the county's fines to $1,500 to be paid within 40 days. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PATTERSON: Thank you. MR. FRANCO: Thank you. CHAIRMAN KAUFMAN: We have one more, Helen? MS. BUCHILLON: We have a few more. Well, people June 27, 2024 Page 137 present, we've got one more. Two -- two more. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next case, No. 13, CESD20220010928, Gene Nailon and Maylin Nailon. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. WILLIAMS: I do. MR. NAILON: Yes. CHAIRMAN KAUFMAN: Sir, can you state your name on the mic for us, please? MR. NAILON: Gene Nailon. CHAIRMAN KAUFMAN: Okay. Doug, you want to read this into the record for us, please? MR. WILLIAMS: Yes. Doug Williams, 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, OR6271, Page 3890, 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. This violation has not been abated as of June 27th, 2024. Fines have -- fines have accrued at the rate of 150 per day for a period from September 21st, 2023, to June 27th, 2024. Total days, 281 days; for a total fine amount of 42,150. Previous assessed operational costs, $59.28 and $59.49, have been paid. Operational costs for today's hearing is $59.70. Total amount due: $42,209.70. June 27, 2024 Page 138 CHAIRMAN KAUFMAN: Okay. Sir? MR. NAILON: Well, so this is another case. I have two violation cases open right now. In both cases we hired Octavio Sarmiento. It's been a real crap show to the point where we've abated part of this violation, and we have worked on the permit ourself. So I've tried to contact, with no avail. I've gone to the office. Nobody opens the door. I actually was able to go contact a previous employee who now works on their own, is now helping us move forward at no cost to us. So we're moving. CHAIRMAN KAUFMAN: We're familiar with Octavio's fine work. But this is still not into compliance. MR. NAILON: Yeah. We're working on it. I mean, we have a permit issued now. So I would ask for 60 days to get our inspections. If we do not pass inspections, that we can correct what we need to correct and get it taken care of. CHAIRMAN KAUFMAN: Okay. You have a permit, and you're ready for inspection? MR. NAILON: Yes, sir. CHAIRMAN KAUFMAN: Okay. And you're looking for 60 days' continuance where the fines continue to accrue? MR. NAILON: Yes, sir. As of right now, we have -- the spray booth was abated. The C&C machine was never supposed to be part of a violation. We were required to have that on our first permit in order for the county to give us three-phase power. They wanted to know, well, why do you need three-phase power? Well, we had to have the machine in place for the original permit. So I have no idea why that's even in this violation. I do take responsibility for the kitchen and the office, and that's what we have the permit open for. CHAIRMAN KAUFMAN: Okay. Well, this is the case. June 27, 2024 Page 139 Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion that he pays the 59.70 in 30 days and a 60-day continuance. CHAIRMAN KAUFMAN: Okay. I'll -- BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: -- second that also. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NAILON: Thank you. CHAIRMAN KAUFMAN: I hope you'll be done in 60 days. MR. NAILON: We'll get it taken care of. I don't want to come back here. CHAIRMAN KAUFMAN: I don't blame you. MR. NAILON: Thank you. CHAIRMAN KAUFMAN: Okay. Okay, Helen. MS. BUCHILLON: I have one more present, which is the one under reports, but I have, from an imposition of fines, the respondent left, and we have the gentleman that's going to purchase the property. Would you like to call that one? CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: ***All right. That would be under imposition of fines. Hold on. Let me get her number. No. 7, June 27, 2024 Page 140 CENA20230007565, Sheila D. Gebhart. BOARD MEMBER ELROD: She is deceased. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. MR. ARQUILLA: I do. CHAIRMAN KAUFMAN: Do I have a sheet on that -- BOARD MEMBER ELROD: Yes. CHAIRMAN KAUFMAN: -- on 7? BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: Let me borrow this one. MS. BUCHILLON: Yes, you do. CHAIRMAN KAUFMAN: Okay. Thank you. What we commonly refer to as a drug house. Is that accurate? MR. MUSSE: What? No. Yes. CHAIRMAN KAUFMAN: Okay. Why don't you read this into the record for us, and we'll go from there. MR. MUSSE: For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On October 26th, 2023, the Code Enforcement issued a finding of a 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, OR6307, Page 3322, for more information. The violation has been abated as of March 18th, 2024. Fines have accrued at the rate of $500 per day for a period from November 3rd, 2023, to March 18th, 2024, 137 days, for a total fine amount of $68,500. Boarding costs of the amount of $3,750 have not been paid. Previously assessed operational costs of $59.28 have -- actually, it June 27, 2024 Page 141 has been paid as of a couple days ago, so there needs to be a little correction on that. So that has been paid. Operational costs for today's hearing of $59.28. Total fine amount is 72,300 -- I'm trying to do the math in my head -- but it's minus 59.28. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: 72,309.28. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Are we adding the boarding costs? MR. MUSSE: Yeah. So the gravity of the violation was a health-and-safety issue. The actions taken in order to correct was that the dwelling was vacated, and all doors and windows were boarded up by the county-hired contractors. There's been prior violations, three prior cases within the past five years that have been adjudicated. The property currently has three -- correction -- make that only one active code case at this time. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: That's it. CHAIRMAN KAUFMAN: Okay, sir. You are? MR. ARQUILLA: I'm George Arquilla. CHAIRMAN KAUFMAN: And your relation to this case? MR. ARQUILLA: I am a representative of Florida Sell Now. We are the LLC that is in the process of purchasing this property. We also have power of attorney from the Estate of Sheila Gebhart. CHAIRMAN KAUFMAN: Okay. So that person had passed away. MR. ARQUILLA: Uh-huh. CHAIRMAN KAUFMAN: And then people were entering the house without her permission, obviously. June 27, 2024 Page 142 MR. ARQUILLA: That's correct. CHAIRMAN KAUFMAN: And that's where we come into. Okay. So is there anything else you want to say on this? MR. ARQUILLA: Not at the moment. BOARD MEMBER ELROD: I'll make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER ELROD: That the costs of 59.28 be paid in 30 days, and the boarding up, 3750, be paid within 30 days, and that's it. CHAIRMAN KAUFMAN: That's it? BOARD MEMBER ELROD: Yep. CHAIRMAN KAUFMAN: So you're saying 3750 -- let me do my arithmetic -- and 59.28. BOARD MEMBER ELROD: Correct. 3809.28 to be paid in 30 days. CHAIRMAN KAUFMAN: Okay. That's your motion. MR. NOELL: And so no fine imposed. BOARD MEMBER ELROD: Correct. Well, that would be the fine. MR. NOELL: Well, that amount's already been ordered by the Board, so that would be separate than the occurring -- or accruing daily fine. CHAIRMAN KAUFMAN: Right. MR. NOELL: And so I'm just -- I just want to make sure, because when I go to do the order, it will be -- the motion will include a denial of the imposition of the fine if it passes. Okay. Thank you. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. Comments on this? BOARD MEMBER ELROD: This will remove a blight. June 27, 2024 Page 143 CHAIRMAN KAUFMAN: Excuse me. What? BOARD MEMBER ELROD: This will remove the blight for them to buy the property and fix it. CHAIRMAN KAUFMAN: I'll go -- I'll go along with it because the respondent has passed away and had no control over it, so -- okay. So all in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ARQUILLA: Thank you very much. CHAIRMAN KAUFMAN: So you're going to buy the house now? MR. ARQUILLA: We're going to try to. If you guys can help us with the probate before any other -- in addition to any other fines. But, yes, we are moving forward with the purchase of the property -- CHAIRMAN KAUFMAN: Okay. MR. ARQUILLA: -- correct. Thank you. CHAIRMAN KAUFMAN: And we're finishing off the day with? MS. BUCHILLON: ***Well, we have -- the gentleman here, it's under reports, the food truck trailer in Immokalee. It's under reports, No. 1, CELU20240000034. Mauricio Martinez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? June 27, 2024 Page 144 MS. PEREZ: Yes, I do. MR. MARTINEZ: I do. MR. PEREZ: Yes, I do. MS. PEREZ: I don't believe you have something in writing. CHAIRMAN KAUFMAN: As I recall this case from memory, there was the young lady sitting in the front row who talked about Immokalee. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Okay. And moving the structure, et cetera, so... MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Why don't you take it from here, Cristine. MS. PEREZ: Sure. For the record, Cristina Perez, Collier County Code Enforcement supervisor. From the last hearing where Mr. Mauricio Martinez requested an extension, there was discussion about them bringing their project to the Immokalee CRA for support. Unfortunately, the CRA meeting was scheduled for June 19, and that was canceled due to them not having a quorum. It was rescheduled as a joint meeting with the Immokalee MSTU. But, again, they did not have a quorum with the CRA members. They still heard a presentation from the respondent's architect, and I do have, like, a recap of that meeting that I could show you as a report, and they did make a motion and recommendation that you could take into consideration. CHAIRMAN KAUFMAN: Why don't you give us the summary of that; what up? MS. PEREZ: So here we have -- this was provided to me from the CRA. So it starts with saying that the restaurant's called El Gran Taco Loco Restaurant. Mr. Alejandro Perez, which is the gentleman June 27, 2024 Page 145 you see in blue, representative of the owner, Mr. Mauriceo Martinez, presented the concept plan to the board for proposed restaurant location at 324 West Main Street. Also discussed was the current code violation of the storage container that is currently on the property. After much discussion, the Board made a decision to allow more time to update the concept plan and provide a detailed rendering. The board requested that they present in July. The MSTU board is proposing a meeting jointly with the CRA board. So their action that they took is one of their board members, Mr. David Turrubiartez, Jr., made a motion to request a 30-day extension to allow El Gran Taco Loco Restaurant to update plans on their project concept and present to both the Immokalee local redevelopment agency, the CRA board, and the Immokalee Beautification MSTU Advisory Committee at their next meeting in July, and Ms. Cherryle Thomas, seconded that motion, and then it was passed with a vote of 3-1. So they did it -- they didn't see -- they gave them feedback. They gave them some positive feedback as far as "this is what we want to see in the plan board that you want to present to us." So they were provided feedback as far as what they want to see. They're requesting them to come back at the next meeting when they do have more of their CRA board members so that they can see what the big picture project would be. But currently, the violation remains on site. CHAIRMAN KAUFMAN: Okay. Jeff, this sounds like a case that should -- if they're waiting 30 days, I guess we could wait 30 days, or till the next meeting. MR. LETOURNEAU: Yeah. Well, I mean -- yeah, the CRA is just the first step, though. Then they have to go through the Site Development Plan and everything else, so... June 27, 2024 Page 146 CHAIRMAN KAUFMAN: But if the CRA turns them down -- MR. LETOURNEAU: Right. MS. PEREZ: Well, in reality, the CRA is -- the project that he's trying to bring forward, they've had a pre-application meeting. So he has a valid project that could be accepted by the county. The CRA is just a blessing stone, you know, because he can still move forward without their blessing. It's just he can -- if he works with them, they can maybe, you know, have a grander project and the vision of what the Immokalee and MSTU -- Immokalee CRA MSTU is in Immokalee. CHAIRMAN KAUFMAN: Let me go back to the original violation was a structure -- a storage unit on the property; is that correct? MS. PEREZ: It's a storage container that's ultimately a restaurant kitchen. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: The one they had dropped down, dropped off on the lot. CHAIRMAN KAUFMAN: Yeah, it's on the lot. Okay. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Well, either you could pull it for 30 days, or we could just impose the restriction, and then that would have to be removed. MR. LETOURNEAU: I'm not sure -- where are we at as far as -- was there a -- there was a finding of fact, obviously. MS. PEREZ: Correct. MR. LETOURNEAU: And then there was -- what was the period of time they gave them? MS. PEREZ: It was a 30-day, the finding of fact, for it to be removed, and then they came -- they requested an extension, came back in the May hearing, and the extension was granted till June 28th, June 27, 2024 Page 147 which is tomorrow. MR. LETOURNEAU: Okay. MS. PEREZ: And our discussions with Mr. Alejandro, myself, and the assistant director with CRA, CRA obviously wants new projects in Immokalee. So they're all for something new. Meets the code, meets the mission, the vision of Immokalee. But in our discussions, you know, they did clarify to Mr. Alejandro that they can't support something that is a code violation, so they want him to find a solution to either be able to temporarily leave it there or, you know, remove it. MR. LETOURNEAU: And I get -- I'm appreciative of them trying to work with the CRA and whatnot, but ultimately, they did plop that structure down without a permit on this unapproved property. CHAIRMAN KAUFMAN: Which comes into violation. MR. LETOURNEAU: And we did get a complaint about it, obviously. MS. PEREZ: Yeah. Code Enforcement initiated the case, but we also got a commissioner-based complaint. CHAIRMAN KAUFMAN: We had a young lady here who talked -- she was a member of the MSTU, as I recall. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: And she was agreeable to grant them enough time till the CRA had a meeting. That was what her suggestion to us was. MS. PEREZ: The -- when she initially came, yes. CHAIRMAN KAUFMAN: So I think -- pull it for 30 days. It's not going to hurt anybody any more than it's hurt already. MR. LETOURNEAU: What do you think, Cristina? MS. PEREZ: I guess we'd have to go back to the order to see if -- June 27, 2024 Page 148 MR. LETOURNEAU: We're looking at the order right now. It says that they had to come into compliance by today or a $600-a-day fine would be imposed. I'd rather the Board either do an extension -- because they are here before their deadline, or on their deadline. CHAIRMAN KAUFMAN: You mean a continuance. MR. LETOURNEAU: No, an extension because they're here. CHAIRMAN KAUFMAN: There's no fines right now. MR. LETOURNEAU: Right, yeah. So -- or impose or, you know -- this is where these meetings kind of gum up to works as far as the reports go. If we withdraw it right now, though, the fines are going to start running at this point, correct? MR. NOELL: According to the order, they would have till the end of the day today to abate the violation. MR. LETOURNEAU: So if Code withdraws it, then we have a $600-a-day fine starting tomorrow. CHAIRMAN KAUFMAN: And we can take care of that at the next meeting. MR. LETOURNEAU: Okay. So I don't know how these gentlemen feel about that at this point right now, though. MR. PEREZ: I mean, anything you guys can do for us, it's welcomed. We are happy with the feedback that we received from the CRA. Basically, all they want is to have a modern look on the Main Street, and they gave us some of their perspective, so we're going to incorporate it. They had some comments about lights, that they want to include murals and some color palette. I remember in the last meeting, once you showed the picture -- the container is wrapped with pictures of food, and they didn't like that, so we're going to unwrap it or paint it or figure some architectural features to cover it. BOARD MEMBER FUENTES: That container is still present? June 27, 2024 Page 149 MR. PEREZ: It is. I advised them that we could -- if it's an eyesore, for the time being we could put a tarp on it just to prevent people from thinking that it's in operation. That's an idea. And -- BOARD MEMBER FUENTES: Well, the problem was that it's also in violation, the container, as well. That's the problem. MR. PEREZ: Correct. BOARD MEMBER FUENTES: Yeah. So it's not about the eyesore. It's more about just the violation still being there. MR. PEREZ: Absolutely. And in that point, we're also pursuing -- you know, trying to get a temporary permit. Once we can apply for the site development application, we can have -- we can apply for a temporary permit to have a storage container on site while the construction is being done. MR. LETOURNEAU: Yeah. So the only options I see at this point are, you know, you're asking us to withdraw it, which I don't want to do because then the fines will start running, or you guys give some sort of an extension, whether it's enough to get the stuff off the property or to wait around till the next CRA meeting. CHAIRMAN KAUFMAN: Well, it's much simpler for us to say why don't you pull it for 30 days. MR. LETOURNEAU: Yeah, but then you start a $600 fine going. CHAIRMAN KAUFMAN: And they'll be back with us saying, "Is there anything you can do about that fine?" And at that time we can resolve the situation. MR. LETOURNEAU: I just wanted to ask what your qualms are about doing an extension. BOARD MEMBER ELROD: I'll make a motion to extend it for 30 days. CHAIRMAN KAUFMAN: Okay. The problem with the extensions is you take the -- June 27, 2024 Page 150 MR. LETOURNEAU: Teeth out. CHAIRMAN KAUFMAN: -- carrot away from -- BOARD MEMBER ELROD: They have been diligently working at it. It's not like they just came in there -- BOARD MEMBER FUENTES: And that's a good thing. BOARD MEMBER ELROD: Yeah, they've been diligently working -- BOARD MEMBER FUENTES: The problem is the complaint initially was a strong one. I made that ruling, too. You know, I had said, $600 per day, impose the violation. Then they asked for an extension. MR. LETOURNEAU: And I do think that they put that -- I think they knew that there was -- it was a code violation when they dropped this thing on the property at the time that they did it. MR. PEREZ: I was not present. BOARD MEMBER FUENTES: I always like -- me personally, I always like to look at the viewpoint from the investigators and Jeff Letourneau to kind of get an idea of what we're looking at. You guys can make whatever ruling you want here. I made my first one already a while ago, and you guys gave them an extension, so that container's still there. The food truck is still there. You could do it again if you choose, you know. It's up to you guys. He does not, you know -- MR. LETOURNEAU: You understand what we're talking about here is if I withdraw the case, you start a $600-a-day fine tomorrow. MR. PEREZ: I understand. MR. LETOURNEAU: Which -- and I understand, Mr. Kaufman. It's going to put -- it's going to put some fire under your feet, hopefully, you know. MR. PEREZ: Well, the fire has been there for some time. June 27, 2024 Page 151 MR. LETOURNEAU: Right, but you haven't been fined yet, and here we are how many months later. And, really, I get it, you were trying to go for it but, really, nothing concrete has been done yet. And like Cristina says, you don't -- it's nice to get the CRA blessing, but you don't really need that to move forward with this. BOARD MEMBER FUENTES: I think, like, if -- I think, like, if the storage container was removed -- because that one is aside from the food truck, right? We've got, like, the food truck, or, you know, the modular, which you guys don't want to move because of the damages that can occur. MR. PEREZ: Yeah. BOARD MEMBER FUENTES: But the storage container's a different thing altogether. I think it would have helped a lot, too, kind of like, you know, sit there and say, "Hey, we removed one of them. Give me another 30 days. I can get the other one out of here," or figure something out. MR. PEREZ: We only have. MS. PEREZ: John, it's one -- it's one and the same. The -- BOARD MEMBER FUENTES: Oh, it's one and the same. MS. PEREZ: It's, like, an 8-by-45-foot storage container that has a lot of money invested in it for Mr. Martinez to be a commercial kitchen. So it's, like, a food truck container. CHAIRMAN KAUFMAN: Is it an eyesore right now? MS. PEREZ: I would say so. It's right on Main Street. Bright yellow. MR. PEREZ: There has been a confusion between -- when we applied for the pre-application meeting, we wanted to have a food truck park, kind of have three more options, but we had to change it to an actual restaurant. So it is a container, but it's a big one. It cannot be moved easily around. And it will be anchored in concrete foundation. June 27, 2024 Page 152 BOARD MEMBER FUENTES: You guys choose. BOARD MEMBER ELROD: I made a motion that we gave them 30 days. MR. LETOURNEAU: If this motion fails, then I'll -- if this motion fails, then I'll withdraw the case. BOARD MEMBER FUENTES: Which motion? MR. LETOURNEAU: Kathleen put forward a motion. BOARD MEMBER ELROD: Motion for extension. CHAIRMAN KAUFMAN: Do we have a second on that? No. Okay. BOARD MEMBER BHATLA: I think we impose the fine. MR. LETOURNEAU: No, we can't impose it. BOARD MEMBER FUENTES: No, what they'll do is he'll withdraw the case, and the fines will start to accrue tomorrow, or at the end of the day today. (Simultaneous crosstalk.) MR. NOELL: They, then -- they would just simply withdraw the case, and then the next action potentially would be them bringing the case back for an imposition-of-fine hearing. CHAIRMAN KAUFMAN: And at that time hopefully we'll have some response from the CRA. MR. LETOURNEAU: So I didn't hear a second on that extension. CHAIRMAN KAUFMAN: No. MR. LETOURNEAU: So the county would like to withdraw this case at this time. CHAIRMAN KAUFMAN: God bless you. MR. LETOURNEAU: Okay. All right. MR. NOELL: And then the Board, since the Board had approved the agenda, then the Board would just need to make a motion to approve the withdrawal. June 27, 2024 Page 153 CHAIRMAN KAUFMAN: Modify it. Okay. Get a motion to modify the agenda. BOARD MEMBER AYASUN: Yes, go for it. CHAIRMAN KAUFMAN: Okay. Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. MR. LETOURNEAU: So at this point. CHAIRMAN KAUFMAN: We'll see you next month. MR. LETOURNEAU: The speed is of the essence. You try to get this taken care of as soon as possible. Now, if you're moving forward with this, I'm not going to -- I'm not going to bring this back for imposition. I'm going to give you some time, but just be aware that there's a $600-a-day fine accruing which you can -- once you get into compliance -- or if you don't -- if you don't move quickly and the imposition comes back, if you're in compliance, you can ask for a reduction. If you're not in compliance, then they're probably going to impose on you at that time. MR. PEREZ: And this then gives us 30 days so we can present again to the CRA? MR. LETOURNEAU: No. They didn't give you any time. Right now -- right now you're just -- you're not in compliance with June 27, 2024 Page 154 the order, the original order, and tomorrow a $600-a-day fine starts accruing. CHAIRMAN KAUFMAN: It's like there was a hurricane, and we canceled your case. MR. LETOURNEAU: So your only options are -- well, you've got a few options. But you could remove the stuff from the property to an area that, you know, is good for that, and that would stop the fines right there, or you can get all the approvals and the inspections and certificates of completion for your business right there, and that will stop the fines. MR. PEREZ: Right. So just so I can explain it to Mauricio, there is no extension -- just correct me if I'm wrong. MR. LETOURNEAU: No. MR. PEREZ: There is no extension. Fines will start tomorrow? MR. LETOURNEAU: Yes. MR. PEREZ: And we have two routes. Next time, once we have the CRA meeting and we come back, we can -- what's the route there? We can -- MR. LETOURNEAU: Well, I don't think the CRA meeting at this point really -- it might have bearing as far as you getting this thing taken care of, but as far as the fines running, the only -- the only two options to get these fines stopped at this point are to remove the structures from the property or get everything completed. MR. PEREZ: Okay. So if he decides not to move the container and just, hypothetically, it takes six months, he accrues six months at the $600-a-day rate? MR. LETOURNEAU: Yes. MR. PEREZ: And then at that point, if -- we can come back and present the case and see if we can -- (Board Member Fuentes left the boardroom for the remainder of June 27, 2024 Page 155 the meeting.) MR. LETOURNEAU: If you're in compliance, we'll bring it back for imposition, and then you can plead -- you know, you can go before this board and say -- give them the factors of why it took you six months to -- and there's a chance that they could reduce the fines at that point. MR. PEREZ: All right. We have made a lot of progress on the documentation, I think, and within 30 more days, we'll be able to submit for the site development application. MR. LETOURNEAU: Yeah, that's great, but that's still not going to abate the violation until everything's completed. MR. PEREZ: I understand. And my position here -- I understand the violation, but I'm working on two separate things. I'm not working directly on the violation. I'm just here to show support for my client. MR. LETOURNEAU: No, I get it. MR. PEREZ: On the other side -- what I'm actually working on is the site development application which, since April -- you know, last time I gave you the traffic impact study thing -- I already have that. Cristina has a copy of it. We have the environmental fire hydrant test. It has been done. So I think we are missing just a handful of documents to be able to submit. But I do understand that that's going to -- it's a lengthy process. So during that time, there are fines. So I'm going to talk to him and see if we can -- if I can convince him to -- or we can find a way to storage -- store it somewhere. But, yeah, it's just an unfortunate situation, I understand. MR. LETOURNEAU: Yep. CHAIRMAN KAUFMAN: Dig a hole. Stick it in a hole. MR. LETOURNEAU: No, we're not doing that either. MS. PEREZ: Excavation permit. June 27, 2024 Page 156 BOARD MEMBER BHATLA: It's not visible. MR. LETOURNEAU: All right. Good luck. MS. PEREZ: Thank you. MR. PEREZ: Thank you, guys. Thank you for your help. CHAIRMAN KAUFMAN: I think that you're doing the right thing, and I agree with Jeff; Jeff is doing the right thing. I think it's good for Immokalee. And if you can bring back that young lady that spoke that's on the CRA, she'll probably agree with all of us. MR. PEREZ: Absolutely. But once we abate the violation either with a temporary permit -- because that's a third way -- if we get the temporary permit, we might abate that violation. Once we have that -- because Cristina is waiting on a response from Sony, Lisa. We sent her an e-mail yesterday, but she hasn't said if that's a possibility. Anyways, that's another route we could go. MR. LETOURNEAU: Okay. There is a third option then. With the temporary use -- that -- okay. That's great for 14 days for the first one and 14 days. So you can get a total of 28 days with two temporary-use permits, but you're going to be back in the same situation if your truck's -- but this case would be closed, and we'd have to open a new one as a repeat violation. MS. PEREZ: Correct. MR. PEREZ: Correct. But what I'm -- at that point -- MR. LETOURNEAU: No, I get it. That would probably save you a lot of money right there if you did it. MR. PEREZ: Oh, absolutely. It would save us a little. MS. PEREZ: Yeah. If it were to become legal, even if on a temporary basis, during that duration, you would be -- you know, you'd be in compliance. Anything after that, if it remained on there and your temporary use expired, then you'd be in violation as a repeat. June 27, 2024 Page 157 MR. LETOURNEAU: That might be your best route at this point. MR. PEREZ: We found a way. David, King David. All right. We're going to pursue that option, then, as a first option. MR. LETOURNEAU: Good luck, gentlemen. CHAIRMAN KAUFMAN: Great. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Okay, Helen, we have one more? MS. BUCHILLON: One more case, that's it. CHAIRMAN KAUFMAN: Shoot. MS. BUCHILLON: ***We're still under imposition of fines, No. 10, CEPM20230002800, Alejandra Lynch. BOARD MEMBER AYASUN: There's nobody here. CHAIRMAN KAUFMAN: We need Jonathan. Let the record show that the respondent is not present, and the notification was? MS. BUCHILLON: For the record, respondent was notified regular and certified mail June 5th, 2024. It was also posted at the property and courthouse June 6th, 2024. CHAIRMAN KAUFMAN: Okay. Jonathan, do you want to read that into the record? MR. MUSSE: For the record, Investigator, Jonathan -- THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. I did speak with Mrs. Lynch yesterday. She said she was involved with a car accident recently and she wouldn't be able to June 27, 2024 Page 158 attend today's hearing, but she was well aware of the -- made aware of the notice, at least I posted it on her property. We made several attempts to call her, so she was aware. Attempted to be made aware of this hearing at least. Past orders: On July 31st, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6293, Page 3003, 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. The violation has not been abated as of June 27th, 2024. Fines have accrued at the rate of $250 per day for a period from August 31st, 2023, to June 27th, 2024, 302 days, for a total fine amount of $75,500. Fines continue to accrue. Previously assessed operational costs of $59.21 have not been paid. Operational costs for today's hearing is $59.49. Total fine amount is $75,618.70. CHAIRMAN KAUFMAN: I didn't hear what you said in the beginning. This case -- they were in an accident or something? MR. MUSSE: She called me yesterday about the notice, because I tried calling her as well, to let her know about the -- you know, remind her about the hearing and inform her that we posted, sent out mails notifying her about the hearing. She said that she was recently in a car accident and was not -- will not be able to attend today's hearing. CHAIRMAN KAUFMAN: Okay. Did she have any comment that it hasn't been abated? MR. MUSSE: It definitely has not been abated. This is actually a second case. Initially -- we had an initial case that is June 27, 2024 Page 159 currently accruing fines for the detached garage with a damaged roof. That case, don't quote me, is about 10 years old, give or take. A few years later, the structure deteriorated, and we had the building official take a look at the photos, and he deemed it an unsafe structure. So that's what this case is for right now. Since then, she has attempted to apply for a permit to make it into an addition, a room addition, connecting it to the main house, and making it, like, a bedroom suite. I saw the plans. It looked great. Like, the idea looked good, but she wasn't able to get past the approval, county approvals. And it's been in reject status for quite some time now. CHAIRMAN KAUFMAN: Well, we have a choice of two things on this. She's not here to ask for a continuance. We can impose -- and the fines are going to accrue, and they're $75,600 now. There's not much we can do on this but impose it. MR. MUSSE: I even tried to meet with her to assist her with the permitting process, because the Zoning department wanted clearer photos of the structure inside so they could properly give her -- approve the plans, and I literally called her every day one week, and she never returned my calls. CHAIRMAN KAUFMAN: Well, on top of that, ordinarily -- the previously assessed operational costs have not been paid, and we typically -- not typically -- always don't go any farther with something like this. So I'm going to make a motion that we impose it. MR. NOELL: Can I ask -- can I ask just a few questions, just for the record. CHAIRMAN KAUFMAN: Sure. MR. NOELL: Sir, did she request of you that this matter get continued at all, or did she just tell you that she was not going to be here? June 27, 2024 Page 160 MR. MUSSE: She did request that -- to move it to a different hearing date. MR. NOELL: When did -- and that was -- that conversation was yesterday? MR. MUSSE: Yesterday. MR. NOELL: Did she say when the accident occurred? MR. MUSSE: She did not. MR. NOELL: Did she say whether she was in the hospital or not able to attend because of injuries or anything like that? MR. MUSSE: She did not say that she was in the hospital. She just said she was severely hurt from this accident. MR. NOELL: Okay. I don't have any other questions. Obviously, just legally, to advise the Board, the decision on whether to grant a continuance or not is in the sole discretion of this board. I do note for the record that the respondent was given a prior continuance in October and also the Board's received evidence in the form of verbal testimony from the investigator that he's reached out over approximately how long regarding this upcoming hearing -- how long of a time frame? MR. MUSSE: At least -- we issue the notices probably two or three weeks out prior to the hearing. MR. NOELL: And then the phone calls that you've had with her regarding getting into compliance or walking through this issue, you had testified how long -- MR. MUSSE: That was right after the continuance. MR. NOELL: Right after the October 2023 continuance? MR. MUSSE: Yeah, probably, like, a month or two after that. I don't have the date exactly, but... MR. NOELL: Sure. And approximately how many phone calls did you make to her at that point? MR. MUSSE: Every day, so five phone calls, every day. June 27, 2024 Page 161 MR. NOELL: Okay. For a week, and those were all unreturned by her? MR. MUSSE: Correct. MR. NOELL: Okay. Thank you. I don't have any other questions. CHAIRMAN KAUFMAN: Just curiosity's sake, what needs to be done to come into compliance? MR. MUSSE: Well, if she were able to go through with the plans to rebuild it into an addition, do that, but it looks like either demolish it or repair it. But either way, she's going to have to get a permit; either/or. MR. LETOURNEAU: Just to reiterate, this has been going on for at least 10 years. This garage has had a hole in the roof for 10 years. It deteriorated enough where the building official has declared it a dangerous structure. So -- and we do have a vocal neighbor that's complained about this thing for 10 years that had to put up with this. And I would say that the likelihood of it being any kind of viable structure to rebuild around after being weathered for 10 years like that is probably not good. CHAIRMAN KAUFMAN: I'll stay with my original "impose it." That's my motion. BOARD MEMBER AYASUN: Okay. BOARD MEMBER ELROD: Second. BOARD MEMBER BHATLA: What's your motion? CHAIRMAN KAUFMAN: To impose the fine, and they continue to accrue. BOARD MEMBER ELROD: Second. BOARD MEMBER BHATLA: Impose the fine. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. June 27, 2024 Page 162 BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Absent.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NOELL: And that included the operational costs for today's case? CHAIRMAN KAUFMAN: That's correct, it includes the operational costs for today. CHAIRMAN KAUFMAN: You've got your hand up, Helen. Do we have more? MS. BUCHILLON: No, no more, just the ending of your agenda that you read through. CHAIRMAN KAUFMAN: Do we have -- do we have to make a motion to send those cases to the county for -- MS. BUCHILLON: Yeah. Yes, we do. CHAIRMAN KAUFMAN: Okay. Do we need a motion on that? BOARD MEMBER ELROD: Make a motion to send the foreclosures to the county. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER JOHNSON: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. June 27, 2024 Page 163 BOARD MEMBER FUENTES: (Absent.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. CHAIRMAN HALL: Okay. BOARD MEMBER ELROD: We send these to the county. CHAIRMAN KAUFMAN: The motion was, Bart, for you to give me -- MS. BUCHILLON: Are we adjourned? BOARD MEMBER ELROD: Are we adjourned, sir? CHAIRMAN KAUFMAN: We're adjourned. ******* CHAIRMAN KAUFMAN: The motion was, Bart, for you to give me -- MS. BUCHILLON: Are we adjourned? BOARD MEMBER ELROD: Are we adjourned, sir? CHAIRMAN KAUFMAN: We're adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :29 p.m. CODE ENFORCEMENT BOARD RT MAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on-5.J X`i `F as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.