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CEB Minutes 07/25/2024July 25, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, July 25, 2024 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate Sue Curley (Excused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board July 25, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless 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 Board. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceeding pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceeding 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. So if you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we start with the roll call, Helen. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? July 25, 2024 Page 3 BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And, Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. MS. BUCHILLON: And Ms. Sue Curley is excused. CHAIRMAN KAUFMAN: Okay. Next is the approval of minutes. Anybody have any questions on the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, get a motion to prove the -- BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And now we'll go to the agenda. Do we have any changes? MS. BUCHILLON: Yes, sir. We have some stipulations. Under public hearings, hearings, first stipulation is No. 1, CESD20230009015, Lisa Marie Silverman Estate in care of Lori Ann Doucette, PR. Next stipulation, No. 3, CEAU20220004105, Timothy L. July 25, 2024 Page 4 Richardson and Tracey M. Richardson. Number 4, CELU 20220004113, Timothy L. Richardson and Tracey M. Richardson. And last stipulation, No. 6, CEROW20220010904, Tsubaki Holdings, LLC. And we have some withdrawns. Under public hearings, hearings, No. 2, CEVR20240003411, Enterprise Avenue A Commercial Condominium, has been withdrawn. Number 5, CEPS20240004142, Admiralty Condominium Association, Inc., has been withdrawn. Number 7, CEPS20240004131, Walter L. Harber, Jr., Estate, has been withdrawn. Number 8, CEPS20240004125, Lloyd L. Bowein and Lurline S. Bowein, has been withdrawn. Under old business, B, motion for imposition of fines and liens, No. 1, CESD20210011051, Naples Preserve Villas, LLC, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion to accept the agenda as modified? BOARD MEMBER ELROD: I'd like to make a motion. BOARD MEMBER AYASUN: So moved -- second. CHAIRMAN KAUFMAN: All those approved [sic]? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. July 25, 2024 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I know we have one nuisance abatement. We're going to hear that first? Last? In between? MS. BUCHILLON: First. We're going to hear that first, so we need to close this hearing and then open up the nuisance abatement. CHAIRMAN KAUFMAN: Okay. We need a motion to open the nuisance abatement committee, which is all of you. BOARD MEMBER BHATLA: I make a motion. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: 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. (A brief recess was had from 9:03 a.m. to 9:21 a.m.) * * * * * * * CHAIRMAN KAUFMAN: And now we open up the Code Enforcement Board. We need a motion to open up the Code Enforcement Board. BOARD MEMBER ELROD: I'll make a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. It's seconded. All those in July 25, 2024 Page 6 favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're back on -- we're going to hear the stipulations first? MS. BUCHILLON: Okay. Under public hearings, hearings, first stipulation, No. 1. CESD20230009015, Lisa Maria Silverman Estate in care of Lori Ann Doucette. 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. MS. DOUCETTE: Yes, I do. MS. ALCANTAR: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MS. DOUCETTE: Lori Ann Doucette. CHAIRMAN KAUFMAN: Okay. MS. ALCANTAR: Maria Alcantar. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement supervisor. CHAIRMAN KAUFMAN: Do you want to read the stipulation July 25, 2024 Page 7 into the record for us, Cristine? MS. PEREZ: Yes, sir. Ms. Lori and I and Ms. Maria spoke this morning regarding the stipulation, and it was agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted enclosure of the stilt home into living space and electrical power source box within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, cease and desist the use of the unpermitted living space conversion and disconnect all unpermitted utilities until a valid permit, inspections, and certificate of completion or occupancy has been issued within three days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Four, 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; Five, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the property into compliance and 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. You understand the stipulation that you agreed to? MS. DOUCETTE: Yes, I do. CHAIRMAN KAUFMAN: And you can make the time frames? MS. DOUCETTE: Yes, sir. July 25, 2024 Page 8 CHAIRMAN KAUFMAN: I guess the first time frame is three days from now. MS. DOUCETTE: Yes. CHAIRMAN KAUFMAN: Okay. Okay. Can we get a motion from the Board? 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. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. MS. PEREZ: Thank you. MS. DOUCETTE: Thank you so much. MS. BUCHILLON: Next stipulation, No. 3, CEAU20220004105, Timothy L. Richardson and Tracey M. Richardson. 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. MIGAL: I do. CHAIRMAN KAUFMAN: Good morning. July 25, 2024 Page 9 Helen, can you tell us about notice on this? MS. BUCHILLON: The respondent was notified regular and certified mail July 10th, 2024, and it was also posted at the property and courthouse July 10th, 2024. CHAIRMAN KAUFMAN: Okay. Rick, do you want to -- let the record reflect that the respondent is not present. And if you would, read the stipulation into the record for us. MR. MIGAL: Yesterday I met with the property owner, Tracey M. Richardson, and on behalf of her and her husband, Timothy, who was not there at the time, signed the stipulation where it is agreed between the parties that the respondents shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for the fence within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, the respondent will notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation by 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. Any questions or comments or motions from the Board? BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. BOARD MEMBER AYASUN: Second. July 25, 2024 Page 10 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Rick. BOARD MEMBER FUENTES: We have another one. MS. BUCHILLON: ***Next stipulation is also his. Number 4, CELU20220004113, Timothy L. Richardson and Tracey M. Richardson. And for the record, respondents were notified regular and identified certified mail July 10th, 2024, and it was also posted at the property and courthouse July 10th, 2024. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. CHAIRMAN KAUFMAN: Okay. When you swear in, it wears off after each case. MR. MIGAL: I see that. Okay. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us, Rick? MR. MIGAL: I will. Again, this stipulation was signed at the same time as the July 25, 2024 Page 11 previous, by Tracey M. Richardson. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs of $59.28 incurred in the prosecution of this case within 30 days of the hearing; Number 2, abate all violations by obtaining all required Collier County approvals and/or Collier County building permits or demolition permit, inspections, and certificates of occupancy -- excuse me -- completion and occupancy for the storage containers, or remove the storage containers from the property within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation with request -- and request the investigator to perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation by 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. I don't know what -- the scope of the work that needs to be done, but six months seems to be a long time. I know they agreed to it, so we can't change that. MR. MIGAL: Well, what happened was they decided instead of just removing the containers, they're getting them permitted, and they're using them as bookends to build a barn, so the permit got more implicated. CHAIRMAN KAUFMAN: Okay. All right. Any questions? BOARD MEMBER ELROD: I'll make a stipulation to accept -- make a -- CHAIRMAN KAUFMAN: Make a motion. July 25, 2024 Page 12 BOARD MEMBER ELROD: -- make a motion to -- BOARD MEMBER AYASUN: To accept. BOARD MEMBER ELROD: Yes, I'll make a motion. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the stipulation as written. It's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Rick. MR. MIGAL: Thank you. MS. BUCHILLON: ***And last stipulation, No. 6, CEROW20220010904, Tsubaki Holdings, LLC. MR. SWEET: Good morning. Larry Sweet, Collier County Code Enforcement. 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. SWEET: I do. CHAIRMAN KAUFMAN: Before you begin, Helen, could you give us the information as to notification? MS. BUCHILLON: For the record, respondents were notified regular and certified mail July 9th, 2024, and it was also posted at the property and courthouse July 9th, 2024. July 25, 2024 Page 13 CHAIRMAN KAUFMAN: Thank you. Okay. If you would, read the stipulation into the record for us, and let the record reflect that the respondent is not present. MR. SWEET: The stipulation agreement: Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion for the right-of-way within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the Collier -- excuse me -- the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of the abatement shall be assessed by [sic] the property owner. CHAIRMAN KAUFMAN: Okay. This was a case of what? MR. SWEET: It was -- it was repair -- driveway actually installed without obtaining a right-of-way permit. CHAIRMAN KAUFMAN: Okay. And the 120 days to get this permit, you think that will work out? MR. SWEET: They have pavers that have been on backorder. The permit that was in process, she couldn't pass inspection. She -- the permit expired, had to apply for a new permit. So it's under review at this time as well. So to bring it altogether, get the job done, we're thinking 120 days for that. July 25, 2024 Page 14 CHAIRMAN KAUFMAN: Okay. If they have a problem with that, they can come back. BOARD MEMBER ELROD: I'll make a motion -- CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: -- to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. SWEET: Yes, sir. CHAIRMAN KAUFMAN: Is that the end of our stipulations? BOARD MEMBER JOHNSON: Yes, sir. BOARD MEMBER FUENTES: We get to the good cases. CHAIRMAN KAUFMAN: No late-breaking -- okay. MS. BUCHILLON: All right. Next up, we're still under hearings, under motions, motion for an extension of compliance deadline, No. 2, CESD20230007241, Richard Brian Peterman and Cynthia Marie Eddy. THE COURT REPORTER: Do you swear or affirm the July 25, 2024 Page 15 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MS. EDDY: I do. CHAIRMAN KAUFMAN: And could you state your name on the microphone for us? MS. EDDY: Yes. Cynthia Marie Eddy. CHAIRMAN KAUFMAN: Okay. Jason? MR. PACKARD: Jason Packard, Collier County Code Enforcement. BOARD MEMBER ELROD: And then, ma'am, you have authorization to speak on behalf of Mr. Peterman? MS. EDDY: Yes. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: Okay. Why don't you give us a little rundown on the case, and then you're requesting an extension, right? MS. EDDY: Yes, yes. MR. PACKARD: This was an interior remodel that was sent to us from Contractor Licensing. They've been working trying to find a contractor to do the work. Having been unable to do that, they have decided they're going to pull an owner/builder permit. They've been working with Mr. Renald Paul down at Client Services to get that run through. They've applied for the permit. There's a corrections letter that's been sent out, so they just need more time for the permitting process. CHAIRMAN KAUFMAN: Okay. Good morning. MS. EDDY: Good morning. CHAIRMAN KAUFMAN: How much time do you think you need to get this done? MS. EDDY: Would 180 days be acceptable? July 25, 2024 Page 16 CHAIRMAN KAUFMAN: Well, if you're starting with the permit, that seems a little long, but what's the Board think? It's an internal, so it's not affecting anybody else; is that correct? MR. PACKARD: Correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to grant the 180. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second, okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: Six months; it should be put together. MS. EDDY: Yes, it will be put together. Thank you. CHAIRMAN KAUFMAN: Thank you. Thank you, Jason. MR. PACKARD: Thank you. BOARD MEMBER FUENTES: Everybody had a good night's sleep. Everybody's so nice today. MS. BUCHILLON: Next case, we're going to call No. 1. I July 25, 2024 Page 17 didn't know they were here. CESD20230001825, Palm Lake MHP, LLC, care of Philips International Holding Corp. MR. ALONZO: Good morning. CHAIRMAN KAUFMAN: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. MR. ALONZO: Yes, I do. CHAIRMAN KAUFMAN: Okay. If you would, state your name on the microphone for us. MR. ALONZO: Salvador Huex, H-u-e-x, Alonzo. CHAIRMAN KAUFMAN: Okay. And you have the authorization from Palm Lake MHP, LLC, to speak before the Board? MR. JOHNSON: Mr. Kaufman. Excuse me. CHAIRMAN KAUFMAN: Yes. MR. JOHNSON: I'm sorry. This is a mobile home park, so he is -- he and his mom, who's here, are responsible for the mobile home. The landowner is the mobile home park. But we've previously adjudicated this case, and he's asking for a little more time. You'll see it. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Sorry. CHAIRMAN KAUFMAN: So this was done before, and the result of the before was? MR. JOHNSON: Well, result is -- and I will let him try to explain it, but very simply, the Board gave him a year. He has a mobile home, an aged mobile home, 40, 50 years old, that when they purchased it, somebody had built a shell around the mobile home. I don't know if you remember that case. It was brought before you a July 25, 2024 Page 18 year ago. And he was also in the middle of an eviction process with the mobile home park. So he was advised not to put any money into this mobile home until the eviction process was resolved, which it has recently been resolved. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: So he now -- he now wants to go at this process with this mobile home that's wrapped. And his options -- and understands it, and we've used, you know, people to help explain to him. Basically, he could -- he could demo the mobile home and eliminate the issue, or he can get a permit for the shell that's been wrapped around the mobile home, and those are his options, and now that's where he's going to -- that's what he's going to pursue, one of those. I don't -- honestly, I don't know which one. CHAIRMAN KAUFMAN: I'm not aware of the code on that. I don't know, are you allowed to wrap a mobile home with a shell around the outside? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I'm not sure. This is a new animal for me. They might be able to do it, but that's -- that would be up to the Building Department, so... MR. JOHNSON: Yeah. Mr. Kaufman, you know, it's up to him to see. I can't make that determination if it could be done. I think it's going to be difficult. I think you're right. I think that's what you're leaning towards; it's going to be very difficult. But one way or the other, he has to get either a permit for that modification or a demo permit. There's no way he can leave it the way it is. CHAIRMAN KAUFMAN: Okay. It seems to me, without hearing the case, that it's probably not permitted to build -- could you build a house in a mobile home park? I doubt it. July 25, 2024 Page 19 MR. JOHNSON: I don't disagree, but I -- MR. LETOURNEAU: No, most likely not. CHAIRMAN KAUFMAN: Okay. So that's, in essence, what this case is. MR. LETOURNEAU: And I just wanted to clarify one thing while I'm on the mic here. We did site the mobile home owners. The actual park owners were put on the agenda, but if you look at the order, we did site the mobile home orders, and that's due to state statute that we have to site the mobile home owner for any kind of permitting violations on that property. CHAIRMAN KAUFMAN: You have to site the mobile home owner? MR. LETOURNEAU: Owner. Not the landowner. We have to site the actual mobile home owner. So that -- if you look at the order, we did the correct citing. CHAIRMAN KAUFMAN: Okay. That's different because in almost all the cases we hear, it goes to the property owner. MR. LETOURNEAU: That's the only time that I know of that we actually site the owner of a structure rather than a person that owns the land that it's on. CHAIRMAN KAUFMAN: Okay. So having said all of that, it's your case. He's asking for an extension of time. MR. JOHNSON: Correct. And at this point, we're both waiting to hear how much time he's going to ask for. I don't know. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And there has been no permit applied for. MR. JOHNSON: Oh, thank you, Mr. Letourneau. Yes, there's been no activity within City View or within our permitting department or anything. And, again, I'm not justifying it or anything, but he was advised not to do anything until his eviction July 25, 2024 Page 20 case was resolved because he could have been evicted from the park. That's just my understanding. I'm not supporting it or defending it or anything. That's just my understanding. MR. LETOURNEAU: Advised by whom? You said he was advised. MR. JOHNSON: Yeah. He would have to tell you that, sir. MR. LETOURNEAU: Oh, okay. All right. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Not me, if that's what -- yeah. CHAIRMAN KAUFMAN: Okay. Why don't you tell us what you're asking for, et cetera. MR. ALONZO: Yeah. I was here one year ago -- one year ago or more than one year ago. And I was -- I was -- I have an eviction case against -- against us, so -- it was the park against us. We don't do the modification. And my lawyer recommend me don't do any changes because you don't have -- I mean, we don't know if we're going to win or no. So we fight with the eviction case. You guys was okay with that, because you say I give you -- I mean, the Board say I give you one year to finish with the eviction case. The eviction case, we had the trial in February 14th, and was in favor -- we win. So it was in favor of us because we don't do the changes. So -- and I explain it to you, when we -- when we take to trial and we paid to the park 16,000 -- 16,000 to take possession of the trailer, and we buy the trailer from the previous owner. And when we want to take the possession, the park put a lock on the door and make us to sign an agreement. They make us to pay 16,160, something like that. So we pay that, and we sign an agreement. For one year, we're trying to correct -- you know, correct and -- correct the trailer. I don't know if we need a permit by that time. So the park don't mention anything to me. So I trying to July 25, 2024 Page 21 correct, and then after one year, they come behind me again and trying to say, okay, you need to demo this, and you need to demo this, but they don't put it in my agreement. They don't put in my agreement when I signed the agreement with them. So -- and they start an eviction case against us. So we hired a lawyer, and we win the case, but the case -- in, like, April 1st, the decision was made, April 1st. And then they have one month to appeal. You know, the park have one month to appeal. So all the way to May, May 1st, May 2nd, so I only have one month to try to correct the things, you know. And I think it was -- it's too short time, you know, because as Mr. Johnson told you, it's a lot of work. And when I -- after I finish with the eviction case, I call him, and I went to see him and to explain what I need to do, and he trying to help me, but he said, "You need to hire a licensed contractor, architect," and all this kind of stuff. So it's not easy, and it's not like we don't want to do it. We want to do it. And I went to see an architect. I have an architect, you know, we can use, but now I need to find a licensed contractor who can help me to fix the trailer. Because we want to fix it, and we want to correct the issues. So that was -- that was my plan. And I'd like to ask for more time because, you know, the time is not easy right now. We invest money to find, you know, against eviction. So now we've got to -- saving a little bit of money to start -- you know, to start to fix the trailer. It's not like, okay, let's fix it. We invest a lot of money in that trailer already, but we want to keep it because that was -- I mean, that was the goal before. That's why we invest all the money in that trailer. So that's why I suggest -- I ask for more time, if you guys can help me with that. CHAIRMAN KAUFMAN: First of all, how much time are you asking for? July 25, 2024 Page 22 MR. ALONZO: Well, my mom -- my mom and I think about seven months if you guys agree, because it's a lot of work, and we want to do the things right and -- but that's your decision. CHAIRMAN KAUFMAN: Okay. Seven months. If I were in your shoes, the first person I'd go to would be the county to see if you can have that modification on the trailer, because it's possible that they say, "No, you can't. You can't build a house around a trailer on that property." That's a zoning issue. Before you start spending any money, find out what you can and can't do. MR. ALONZO: Like I said, I went to see him two times, and he recommend me -- the way -- the way we planning to work is demo, you know, the part that was addition and make the trailer like the original part, like was original. That was the plan. And -- because, he told me there's no way to get a permit to leave the addition, so we're going to demo the additions and leave the park -- leave the trailer like original was. So that was the idea. I don't want to -- my idea is no want to keep the additions. I want to demo the additions, but like he say, now I need to, like, hire a licensed contractor and architect. So it's not like, okay, let's demo this. So no. CHAIRMAN KAUFMAN: Well, I don't know if -- an architect generally does the plans to build something. I don't know why you need an architect -- you need a licensed contractor to remove the addition that was put on there, as far as my knowledge. MR. ALONZO: Well, I went to the county, and they say to do -- to do it like -- to rebuilding, they say I need, like, architect. They say I need architect. That's why I'm looking for the architect. CHAIRMAN KAUFMAN: Do you have plans that show the demolition? Is that what you're talking about, going to an architect? MR. ALONZO: No, because after -- they say after I demo the trailer -- well, before I was thinking it was only the wall and demo, July 25, 2024 Page 23 but now they're saying, okay, you need to cut the roof -- cut the roof, and you need to build -- building the trailer like the original was. So that's why I need the architect, to design the trailer like it was before. So that was -- that was the thing. That's why I need the architect. It's not like they saying I need to do it like that. I don't -- it's not my decision to look for architect. It's like they saying I need to do it, so... CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: If the extension of time is denied, what is the -- what are his options? CHAIRMAN KAUFMAN: Then we hear the case. MR. JOHNSON: Well, we've heard the case. CHAIRMAN KAUFMAN: Well, we've heard the case, but then it would go to imposition of fines. MR. JOHNSON: At some point. CHAIRMAN KAUFMAN: The year -- has the year elapsed as of this date? Last year we heard the respondent. MR. LETOURNEAU: Right. At some point -- if you denied the extension today, at some point, if he didn't fix the issue, we would bring it back for imposition, you know, in the coming months. MR. JOHNSON: It's past the June 22nd one-year. MR. LETOURNEAU: Okay. We probably -- if he didn't make a move -- MR. JOHNSON: But he made -- yeah, he made the request before. MR. LETOURNEAU: Right. But if you denied the extension, and we felt that he didn't -- wasn't making any kind of progress going forward, we would bring it back for imposition shortly. CHAIRMAN KAUFMAN: Have you spoken to Renald Paul at July 25, 2024 Page 24 all? MR. ALONZO: No. I went to the county, but I speak with him and another lady; I don't remember the name now. MR. JOHNSON: She was just a translator helping me explain to him what his options are. CHAIRMAN KAUFMAN: Would you recommend that he speak with Renald Paul before he spends a lot of money? MR. JOHNSON: Well, I mean, certainly, it never hurts to speak to Renald, as we all know; however, the county's not going to -- in my opinion, now, the county's not going to go say yay or nay without looking at a plan to approve, whether it's demo or redo or whatever. And honestly, Mr. Kaufman, I don't know what's left of that mobile home inside the shell, because I can't see it. MR. LETOURNEAU: Yeah. That's the point. We don't know what the status of the original mobile home is right now. I would say they probably removed some of the walls -- original walls to expand, right? I mean, that would -- MR. JOHNSON: It's possible, but there again, the county's not going to -- to my opinion, none of these plans reviewers are going to -- they just won't look at my pictures of a shell around a mobile home and say, "Oh, yeah, we could do that." We're going to need more than that, I think. CHAIRMAN KAUFMAN: No, I agree with you. I think it's a very, very difficult situation for the respondent. He's in a position now where he doesn't know if he can pull a building permit to do what he wants to do. MR. JOHNSON: And I agree with your opinion that a contractor brought in there would have the experience to look at that and say, you know, a reasonable yay or nay, but still, the county reviews plans. They're not going to -- they're not going to -- in fact, we have to be careful about advising. July 25, 2024 Page 25 BOARD MEMBER RUBENSTEIN: I can't see a contractor going in there without a permit to -- CHAIRMAN KAUFMAN: Oh, he can do it to come up with an estimate, I'm sure, but -- BOARD MEMBER RUBENSTEIN: Yeah, but like Jeff says, you open this thing up; it's a 60-year-old mobile home. Who knows -- it sounds like it's a towaway. MR. LETOURNEAU: Well, I believe what Mr. Johnson says is absolutely correct. What a contractor would do is get in there and give this gentleman an assessment of what -- and what he cannot do, you know. So a contractor might say it is a teardown, but that's up to the contractor, not the county at this point, because we don't have enough information to give him any kind of advice on this thing. CHAIRMAN KAUFMAN: Okay. Bart. BOARD MEMBER BHATLA: It's not hurting anybody. Is this an eyesore? MR. JOHNSON: It's an unpermitted structure that people are living in. So I don't know. If you say "hurting somebody," it could be hurting somebody to put them out on the street, too. So right now he -- in my opinion, he needs to present something to the county within X amount of time, however much you want to give him. I don't -- you know, a plan, a demo permit, something, because the county has nothing to go on now. MR. IANDIMARINO: Mr. Chairman, if I may. Tom Iandimarino, director of Code Enforcement. The county does not have an objection to any reasonable extension of time from the Board. So if you wish to make a movement towards that, we don't have any objection towards -- to answer all the questions that we're trying to answer here that we cannot. CHAIRMAN KAUFMAN: Yeah. I had thought of -- we're July 25, 2024 Page 26 not hearing the case. What we want to do is -- the case has already been heard, and the time has come and gone to have it resolved. I realize that the respondent is between a rock and a hard place. I think not seven months but a couple of months' time so he can get somebody in there to let him know what can be done or what not -- cannot be done so he doesn't spend money that he's going to have no return on. That's what I -- I would suggest is the answer for this right now. And then should he bring somebody in within, let's say, 60 days and they say it's got to be torn down, we can -- he could come back here, and we can handle that at that time. But I think that's reasonable for the respondent, and it's reasonable for the county. BOARD MEMBER BHATLA: Why don't we give him three months to come back. It also provides the protection that he won't be spending a whole lot of money. So we give three months. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Mr. Kaufman, again, I apologize for interrupting, but perhaps within three months something should be submitted to the county, whether it's a demo permit or a permit to put it back to its original state. But something, because, you know, I know he's working on it, but now we need something that we can act on as a county. CHAIRMAN KAUFMAN: Something in writing. MR. LETOURNEAU: Or he brings a general contractor in here with him to, you know, explain to the Board, "Yeah, we can do this and this and this." CHAIRMAN KAUFMAN: Okay. So he's asking for an extension of time. Bart has suggested three months. Is that your motion? BOARD MEMBER BHATLA: Yes, I'd make a motion. July 25, 2024 Page 27 CHAIRMAN KAUFMAN: You want three months or 90 days? BOARD MEMBER BHATLA: Ninety days. CHAIRMAN KAUFMAN: I'm only kidding. Three months -- BOARD MEMBER BHATLA: Ninety days ago. CHAIRMAN KAUFMAN: Okay. Any comments on that? (No response.) CHAIRMAN KAUFMAN: Okay. I'll second it, if it hasn't been seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. How many nays do we have? BOARD MEMBER FUENTES: Two. CHAIRMAN KAUFMAN: Two. Okay it passes. You have three months -- MR. ALONZO: Okay. CHAIRMAN KAUFMAN: -- to get whoever you have to get to do -- show the scope of the work and come back before the Board, and if you don't have anything by that time, we'll probably have a case to impose a fine. So we're trying to work with you to get you some help. I still suggest he talk to Renald Paul. They may just say, "Don't bother, you know. It can't be done," or "You need to do A, B, and C." But they should be able to help you on that. MR. ALONZO: All right. July 25, 2024 Page 28 CHAIRMAN KAUFMAN: Okay. Thank you. MR. ALONZO: Thank you. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next extension of time, we actually have No. 3, CESD20230000438, and No. 4, CESD20230000440, Cindy Hill Land Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. MR. LUTHY: I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MR. LUTHY: My name is Jerry Luthy. CHAIRMAN KAUFMAN: And you are authorized to speak for the Cindy Hill Land Trust? MR. LUTHY: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Yes. We have that document on file. CHAIRMAN KAUFMAN: Okay. You're asking for an extension of time. Anybody want to describe what the situation is? MR. JOHNSON: I'll take a shot at it very briefly. There were three Pago Pago properties on Isles of Capri owned by Mr. Clay represented by Jeremy here. And they were all damaged from Ian severely, and so he had to get permits to redo them, and he's done that. The first one is done. The permit has been finaled, and it's -- you know, it's done. The other two, the permits are in "inspections commenced." And Jeremy can tell you a little more about what's left. Those July 25, 2024 Page 29 permits are not scheduled to expire in November, but Mr. Clay wanted to get back before the order to get a little more time because he's not quite done with those two. CHAIRMAN KAUFMAN: When do they expire? MR. JOHNSON: November 3rd, because -- you know, the permit expiration date moves ahead; after an approved inspection, they add time. So it was -- MR. LUTHY: It was a lot closer. MR. JOHNSON: Yeah, it was close to today. So Mr. Clay requested this prior to that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I remember this case. CHAIRMAN KAUFMAN: I remember this case. Water from one site going to another site; is that the case that I'm thinking of? MR. JOHNSON: That was a different case. Same area but different case. This is just for the three structures, the three primary structures, three different properties. MR. LETOURNEAU: There were neighbors here that complained about other things other than what we were here to address as far as the permits on these structures. CHAIRMAN KAUFMAN: Okay. So you've made a lot of progress? MR. LUTHY: Yes, sir. I'm living in my house. We're waiting for the other two to finish. CHAIRMAN KAUFMAN: Okay. Do you have any idea when that will be? MR. LUTHY: We're still waiting -- we're waiting for breakers. That is what we're waiting for. CHAIRMAN KAUFMAN: For who? MR. LUTHY: For breakers, for the electrical breakers. CHAIRMAN KAUFMAN: Okay. July 25, 2024 Page 30 MR. LUTHY: They've been on order, and that's basically the only thing holding us up. CHAIRMAN KAUFMAN: So what -- MR. JOHNSON: And inspections. MR. LUTHY: Oh, yes. And, of course, inspections, so... CHAIRMAN KAUFMAN: We don't do anything without an inspection. So how much time are you looking for? MR. LUTHY: Well, we've got until November now, but I mean, three months from November. So that would be the first month of the year, or whatever. CHAIRMAN KAUFMAN: Okay. If you have till November -- I mean, we're in July. MR. LUTHY: Yeah, I know. CHAIRMAN KAUFMAN: You would think that everything would be okay by November. MR. LUTHY: Yeah. I'm just asking for further time just in case of anything. I didn't realize that the date got pushed until November until I showed up here actually, so... BOARD MEMBER FUENTES: One hundred twenty days. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Just excuse me one minute. What was -- his compliance date on the last extension -- I guess I don't have that. I should. BOARD MEMBER FUENTES: Wow. MR. JOHNSON: I still think this should be treated as the -- based on your order on the last extension. You know what I'm saying? CHAIRMAN KAUFMAN: Okay. And that date was? MR. JOHNSON: Not necessarily three months from when the permit expires because you guys made an order. July 25, 2024 Page 31 CHAIRMAN KAUFMAN: Right. MR. JOHNSON: Do you have that? MS. BUCHILLON: I'm looking for it. August 22nd. CHAIRMAN KAUFMAN: August. That would take you to November, then. Okay. Ninety days, is that about it? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Okay. John, you want to make a motion on this? BOARD MEMBER FUENTES: I've got a motion to -- I'll make a motion to give an extension of 90 days. CHAIRMAN KAUFMAN: Okay. Grant an extension of 90 days. Fine. MR. NOELL: From -- just for clarity. From today's date? MR. LETOURNEAU: No, from the compliance date. CHAIRMAN KAUFMAN: Right. MR. NOELL: Right. So then it's going to be -- because this is where it gets a little bit muddy between the order and then the verbal order that's being made here. So then it will be 120 days, then, John. Is that -- BOARD MEMBER FUENTES: Why don't we just do 120 days from today. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER FUENTES: I make a motion to give him a continuance of 120 days from today. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. BOARD MEMBER ELROD: Extension, not continuance. BOARD MEMBER FUENTES: Extension, 120 days. MR. JOHNSON: And, Mr. Kaufman, this is for both cases, or we do separate motions? CHAIRMAN KAUFMAN: Do separate motions, but this is for July 25, 2024 Page 32 the first case, 120 days. MR. JOHNSON: Okay. BOARD MEMBER FUENTES: We've got a second. CHAIRMAN KAUFMAN: We've got a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. ***Now the second one is for the other building. MR. LUTHY: Yes, 195. CHAIRMAN KAUFMAN: Okay. And is that the same situation as this? MR. LUTHY: Correct. CHAIRMAN KAUFMAN: You're waiting for breakers? MR. LUTHY: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you want to make the same motion? BOARD MEMBER FUENTES: Make a motion to give him an extension of 120 days from today. BOARD MEMBER ELROD: Second. BOARD MEMBER JOHNSON: I'll second. CHAIRMAN KAUFMAN: Is it from today or from the compliance date? BOARD MEMBER FUENTES: From today. From today. July 25, 2024 Page 33 CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. LUTHY: Thank you. CHAIRMAN KAUFMAN: Good luck. I have some breakers in my garage I'm not using. MR. LUTHY: Yeah. I don't understand. MS. BUCHILLON: Next case, we're still under hearings, D, hearings, No. -- oh, we don't have anybody else here. Actually, old business, B, motion for imposition of fines and liens. Number 2, CEROW20220009345, David H. Levine. MR. LEVINE: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LEVINE: Yes. MR. MIGAL: I do. CHAIRMAN KAUFMAN: What's the number on this one, Helen? MS. BUCHILLON: Number 2 in imposition of fines. July 25, 2024 Page 34 CHAIRMAN KAUFMAN: And it's 20220009345? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Good morning, Rick. Can you state your name on the microphone for us, please. MR. LEVINE: David Levine. CHAIRMAN KAUFMAN: You can push that up. You're taller than the -- MR. LETOURNEAU: David Levine. CHAIRMAN KAUFMAN: Okay, David. Thank you. Okay. Rick. MR. MIGAL: Past orders: On January 25th, 2024, 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, OR6329, Page 1082, for more information. This violation has not been abated as of July 25th, 2024. Fines have accrued at a rate of $100 per day for the period from May 25th, 2024, to July 25th, 2024, or 62 days, for a total fine amount of $6,200. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing are $59.35. The total amount is $6,259.35. CHAIRMAN KAUFMAN: Okay. Sir? MR. LEVINE: I'm just looking for some more time to get it finished, because I have hired three different contractors to do the vegetation removal permit. They now mixed it in with a driveway easement, which is two different permits that are both open. They won't let me do the driveway one without doing the vegetation removal. Vegetation removal people were hired. Now they say they'll be done in three weeks with a plan to then plant, which then July 25, 2024 Page 35 I'll get an approval through you guys, and then I'll have to execute that. CHAIRMAN KAUFMAN: Okay. This has been going on since January? MR. LEVINE: It could be. I don't know exactly. CHAIRMAN KAUFMAN: January 25th, to be exact. MR. LEVINE: Okay, yes. CHAIRMAN KAUFMAN: Okay. Questions from the Board? BOARD MEMBER RUBENSTEIN: Yeah. You appeared before the Board, I think, a couple months ago, and, refresh my memory, did they not give you an extension? MR. LEVINE: They did give me an extension. I had hired somebody at that time. Disappeared, and they're in Europe or something. David Key. I don't know where he is. So he's got my money. The driveway guy has the money for the driveway. That's a local person in this town, Apex, which is Troy McNabb. Didn't finish that job. Now I hired a third person to finish this thing, plus going through a divorce. And there's a lien on every one of those properties that I own, and I own a bunch of properties in town. So there's a lien on every single property right this second from her. Now, those are all being taken off as we speak this morning, the liens on the property. And then the vegetation removal guy said he would be done within three weeks with a plan, and I need a few months to finish it. Once he gives me a plan, it's plantings. It's not a giant job. It's just -- I think you guys -- not to be mean, but I think you guys made it much more difficult than it had to be. They could have just told me what they wanted, but they won't tell me what they want. So if they don't tell me what they want, I could make up a July 25, 2024 Page 36 hundred different plans and spend money on a hundred different people, and then when I go in there, they say, "No, that's not what I want," and that's what's been going on, so... BOARD MEMBER RUBENSTEIN: Have you thought about using a general contractor to take care of it? MR. LEVINE: Yes, he's a general contractor. It's Natives of Corkscrew. He is a landscape design expert. That's what I'm being told, at least, you know. The last person before that was a landscape design person who didn't know how to do it. CHAIRMAN KAUFMAN: Let me ask a question. MR. LEVINE: Sure. CHAIRMAN KAUFMAN: On the description of the violation, it says, "Installation of driveway entrance culvert"; is that correct? MR. LEVINE: Two different things. MR. JOHNSON: When the -- CHAIRMAN KAUFMAN: I'm just asking -- that's the violation? MR. JOHNSON: When the permit was -- CHAIRMAN KAUFMAN: That's the pipe that goes underneath the driveway. MR. LEVINE: It's there. CHAIRMAN KAUFMAN: It's there. So -- MR. LEVINE: Yes, sir. CHAIRMAN KAUFMAN: There's a permit on that? MR. LEVINE: Those permits, whether you know or -- I didn't know. They can expire, and they can't be extended. So it expired a long time ago, and then when I went into the town to give them my $200, they took my $200 and didn't give me a permit because they say there's a $600 fine to Troy McNabb, which is the contractor that took my money and didn't finish it, and then they -- they just weren't accepting anything. It was just -- it's been going on and on. July 25, 2024 Page 37 So as soon as -- I think as soon as the vegetation removal is approved, they might -- I can go in and ask them to maybe waive the $600 worth of fines that has nothing to do with me but it has to do with my -- a contractor that was on the job. CHAIRMAN KAUFMAN: That's why I'm confused here. MR. LEVINE: Tell me. CHAIRMAN KAUFMAN: It's -- I know what a culvert is. I know you put them under the driveway. They have to be inspected to make sure they're the right height. MR. LEVINE: Correct. CHAIRMAN KAUFMAN: End of case. That's what this is. MR. LEVINE: There has to be concrete poured in there, too. CHAIRMAN KAUFMAN: Yeah, that's the end of it, but it's a culvert. MR. LEVINE: Yes, it's there. CHAIRMAN KAUFMAN: It has nothing to do with vegetation, or does it? MR. LEVINE: It does not. CHAIRMAN KAUFMAN: Okay. So why, when they pulled the permit, and the culvert is done -- MR. LEVINE: Yes. CHAIRMAN KAUFMAN: -- didn't the permit get approved? MR. LEVINE: It didn't get closed because Troy didn't close it, didn't finish the concrete and didn't get it inspected. CHAIRMAN KAUFMAN: So it wasn't done? MR. LEVINE: It is done except for concrete. CHAIRMAN KAUFMAN: Well, that's part the program, isn't it? MR. LEVINE: I would have to say yes. CHAIRMAN KAUFMAN: Okay. Rick. MR. MIGAL: So when he submitted the permit for the culvert, July 25, 2024 Page 38 the right-of-way, that was attaching to a driveway as well, and there was some vegetation removed because of that. Environmental did a review of the permit and found there to be too much vegetation removed, which is why he got dinged for having to have a VRP, or vegetation removal permit, issued to cover the excess vegetation removal for the driveway portion of it, which is not really permitted, but they all -- they look at everything. MR. LETOURNEAU: And he can't get the permit reissued or CO'ed until the vegetation is replaced. MR. MIGAL: That's correct. So he's stuck at the moment. CHAIRMAN KAUFMAN: Well, how much time does he really need to get unstuck? MR. MIGAL: I'm going to say, like, 90 days if he's where he's at with his new environmental company. MR. LEVINE: They seem to be moving better than anyone else. CHAIRMAN KAUFMAN: Well, since the other ones didn't do anything. MR. LEVINE: They responded. BOARD MEMBER RUBENSTEIN: So I'm trying to visualize this. MR. LEVINE: Yeah. BOARD MEMBER RUBENSTEIN: You've got a rubber pipe in the ground? MR. LEVINE: Yep. BOARD MEMBER RUBENSTEIN: Lime rock over it? MR. LEVINE: Correct. BOARD MEMBER RUBENSTEIN: Across, ready for cement to be poured? MR. LEVINE: Up to -- about 40 feet away from a paver block driveway, which is ready to have more paver blocks put in. July 25, 2024 Page 39 BOARD MEMBER RUBENSTEIN: So you're just waiting for concrete to be poured? MR. LEVINE: On that end part, you pour concrete, and then on those end caps, you pour concrete around them and cut the pipe off on an angle, which is -- the only reason I say that is because there's two next to it on the same property. I want to just make it look exactly the same. BOARD MEMBER RUBENSTEIN: And it's going to take 90 days to do this? MR. MIGAL: It's -- MR. LEVINE: No. MR. MIGAL: It's the vegetation removal permit portion of it that's holding him back. Our environmental department won't approve their checkmark on the permit. BOARD MEMBER RUBENSTEIN: So he has to replant on the outsides of the culvert? MR. MIGAL: Other areas on the property, because, again, he's got a driveway that goes -- once you drive over the culvert, you're into a driveway, and he took out vegetation to make the driveway, and there was too much vegetation taken. So it's not directly related to the pipe itself. It's what's beyond the pipe and what Environmental found when they did their due diligence. CHAIRMAN KAUFMAN: Okay. So -- MR. LEVINE: We pulled out pine trees. CHAIRMAN KAUFMAN: Kathy? BOARD MEMBER ELROD: I'd like to make a motion to grant him 90 days. MR. LEVINE: Thank you. CHAIRMAN KAUFMAN: Okay. Can we get a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: So do you think in 90 days you'll July 25, 2024 Page 40 be -- MR. LEVINE: I'm going to get it done. I'm not that happy with seeing you guys either. CHAIRMAN KAUFMAN: Just stop with -- stop with "I'll get it done." That's what we want to hear. MR. LEVINE: You've heard that before? CHAIRMAN KAUFMAN: I'm married twice. MR. LEVINE: Me, too. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to you. MR. LEVINE: Thanks, guys. BOARD MEMBER RUBENSTEIN: Again -- MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Ninety-day continuance; fines continue to accrue? CHAIRMAN KAUFMAN: That's correct. MR. LETOURNEAU: Ninety-day extension. CHAIRMAN KAUFMAN: Continuance. MR. LETOURNEAU: Oh, is it a continuance? My bad. July 25, 2024 Page 41 MS. BUCHILLON: Continuance. Any opps? CHAIRMAN KAUFMAN: Excuse me? MS. BUCHILLON: Any opps costs? BOARD MEMBER ELROD: 59.28 -- CHAIRMAN KAUFMAN: 59.35. BOARD MEMBER ELROD: -- 35 in 30 days. CHAIRMAN KAUFMAN: That's for today's hearing. 59.35 to be paid within 30 days. MR. LEVINE: Gotcha. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Thank you. Next case, we're still under imposition of fines, No. 4, CESD20210004950, Carlos Valdes and Dulce Valdes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. VALDES: I do. Dulce Valdes. Good morning. BOARD MEMBER BHATLA: Good morning. CHAIRMAN KAUFMAN: This is No. 3? MR. MUCHA: Number 4. CHAIRMAN KAUFMAN: Number 4. Good morning. MR. MUCHA: Good morning. MS. VALDES: Good morning. How are you? CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MS. VALDES: Yes, sir. Dulce Valdes. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Joseph Mucha, supervisor, Collier County July 25, 2024 Page 42 Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read this into the record for us, Joe? MR. MUCHA: Yes, sir, I will. Past orders: On January 27th of 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6095, Page 3275, for more information. On July 28th of 2022, April 27th of 2023, and January 25th of 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 not been abated as of July 25th of 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from May 28th of 2022 to July 25th of 2024, 790 days, for a total fine amount of $158,000. Fines continue to accrue. Previously assessed operational costs of $59.28, $59.35, and $59.77 have been paid. Operational costs for today's hearing is $59.98, for a total amount of $158,059.98. CHAIRMAN KAUFMAN: Okay. Ma'am? MS. VALDES: Yes. CHAIRMAN KAUFMAN: Your turn. Of course, what's before us now is a total fine of $159 [sic] and change. MS. VALDES: Yes. CHAIRMAN KAUFMAN: This has been going on since 2022. MS. VALDES: Yes. And I provided the council with paperwork stating everything that we have tried to do. That's just basic things. That's not counting all e-mails, phone calls, appointments, et cetera. The little things are not there. We haven't July 25, 2024 Page 43 stopped working on this case. So what happens is Chokoloskee Island, who -- I think the only one that has been there is Mr. Rubenstein. It's a very complicated place. It was owned -- it was -- it was maintained by Monroe County. It was given to Lee County and then to Collier County. Through that process, a lot was lost. The property that we purchased had a 25-foot easement that was taken from the property. So the property, basically, it looks like we're sitting on the line. There's no paperwork on that. There's no paperwork on anything. We have tried to hire attorneys to look into this. The back road, it's a personal road owned by the Hamiltons who [sic] then became owned by the owners of the properties, the front of it. It used to be, I think, a county road. Now it became -- it used to be a state road. Now it became a county road. That's when they took the 50-feet easement, not allowing us to do anything, really, basically. So in order to rectify this, we've had to do a lot of work, hire a lot of people. So the Ulines came in -- because the island is going through this. The island is changing. It's part of Collier County. People want to invest money in Collier County, so the island is becoming recognized. And there's a lot of people wanting to change and have variances, and they're coming up to the Board, and they're asking for them. But the Ulines decided to build a church for the town, and they were able to get a Site Development Plan approved. We went with the variance. That was denied. I don't understand why, honestly. If they would have done their due diligence, they would have seen that I had a 25-foot easement. I even have a road that everybody's using that became something that we created just to help the people in the back to get through, not to go all the way to the end. The county has put a stop sign on that. It's become their road, and it's part of our property. That's okay. We don't mind. We July 25, 2024 Page 44 don't mind helping a town. I've been there for 20 years, and all we've done is help one another. But this has become larger than what we know what to do. We're simple people. But the Ulines, when they went out and they were able to get a Site Development Plan and it was approved, that really changed everything for us. Now we're able to get a Site Development Plan. It's taking a lot of time because there's got to be another request either in Chokoloskee Island or Everglades City Island to get the engineers to come out, that it's feasible to them, so we have to wait and wait and wait. Right now the engineers have finished. I think that in the packet that I gave you, I gave the last engineer plans that we have purchased. I have a meeting on Tuesday with -- they used to be AB&B Engineer. Now they're owned by LJA Engineers. We're meeting, and we're going to provide this to Collier County. And by God's grace, it will be approved like everything else that's being approved on the island so the island can move forward. It's not little money. For us it's a lot of money. And all I have to say is that it looks like a long time because it has been a long time. But I promise you, we have not stopped trying to fix this. And we should have known better when we bought that property on the line and everybody said that there was a contract between Collier County and Chokoloskee stating that if anybody had to do anything, we were allowed to. I have yet to find an attorney that can find that. And you know that it has to be true when this building was permitted. No building would have been permitted to be constructed on the line. So if you reason with the facts, you realize that there was a 25-feet easement that was taken from us. When? (Shrugs shoulders.) But I promise you, we are trying. We are trying so hard to fix July 25, 2024 Page 45 this problem. I've had this business for 22 years. We've worked really, really, really hard, and I cannot lose it. I cannot lose any of it. I understand that the fines are -- that are being incurred are astronomical besides all the other money that I have spent, but I'll cross that bridge when we get there. For now what I need is for the Site Development Plan to be approved just like it was approved for the church, and we believe that it will be. BOARD MEMBER FUENTES: How much time do you think you'll need? MS. VALDES: Have you heard everything else that comes around? In Chokoloskee Island, things happen when they want to happen. BOARD MEMBER FUENTES: How much time do you think you need? MS. VALDES: As much as you can give me. BOARD MEMBER FUENTES: How much can we give her? What's the max? MS. VALDES: So Tuesday I'm meeting with LJ -- ALJ Engineers. BOARD MEMBER FUENTES: Could it be, like, a year? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER FUENTES: I remember this story. My gosh, I mean, like, they schooled us on the property lines and the fact that the building was permitted already, and they wouldn't have done it. MS. VALDES: Thank you. BOARD MEMBER FUENTES: Yeah. So I'll make a motion. Unfortunately, it's going to be a continuance. MS. VALDES: We understand what we're dealing with. BOARD MEMBER FUENTES: You know, I'd like to make a motion for a continuance and maybe put a nice 365 days there. July 25, 2024 Page 46 BOARD MEMBER ELROD: I'll second that. MS. VALDES: I appreciate that because -- CHAIRMAN KAUFMAN: Hold on. MS. VALDES: -- I don't know what -- CHAIRMAN KAUFMAN: Don't -- MS. VALDES: -- Collier County -- CHAIRMAN KAUFMAN: Don't talk through the close. MS. VALDES: Yes, thank you. CHAIRMAN KAUFMAN: Okay. You have a motion, and you have a second for 365 days. You need -- as a continuance. BOARD MEMBER RUBENSTEIN: Before we vote, I have a couple questions. CHAIRMAN KAUFMAN: Okay. Let me just -- for the motion, though. BOARD MEMBER FUENTES: There is going to be operational costs. CHAIRMAN KAUFMAN: Operational costs of 59.98 to be paid within 30 days. MS. VALDES: Yes, of course. CHAIRMAN KAUFMAN: Okay. Now, your question. BOARD MEMBER FUENTES: Yes. It's for you, ma'am. MS. VALDES: Hello. BOARD MEMBER RUBENSTEIN: When you bought the property -- MS. VALDES: Yes. BOARD MEMBER RUBENSTEIN: -- was the structure already there? MS. VALDES: Oh, yes, sir. The structure has been there since the '60s. BOARD MEMBER FUENTES: And it was permitted? MS. VALDES: And a post office has -- July 25, 2024 Page 47 BOARD MEMBER RUBENSTEIN: No, I know. Was the property under Collier County at the time you purchased it -- MS. VALDES: Yes. BOARD MEMBER RUBENSTEIN: -- or was it under Monroe County? MS. VALDES: Collier County had already purchased -- had already obtained Chokoloskee. BOARD MEMBER RUBENSTEIN: Okay. All right. Kevin, in a case like this where Collier County acquired this Chokoloskee island from Monroe, wouldn't the setbacks and everything that Monroe used at that time be transferable over to us? Wouldn't she inherit that, or is she subject to what she's been going through? MR. NOELL: Oh, that would be beyond the scope of our hearing here, and that would require extensive review of the different interlocal agreements, different transfers on how the mechanisms on how that property was transferred and what was accepted. BOARD MEMBER RUBENSTEIN: Yeah. It went from Monroe to Lee to Collier, correct? MS. VALDES: Correct. MR. NOELL: Right. And that would be an extensive -- extensive analysis. MR. IANDIMARINO: And that was over 100 years ago, sir, when that -- MR. NOELL: So we'd have to get out the scrolls to -- MS. VALDES: I think it was in the -- in the, I think, 1970s. BOARD MEMBER FUENTES: I've got a motion -- CHAIRMAN KAUFMAN: Okay. Wait. You call the motion? BOARD MEMBER FUENTES: Yeah. We have a motion -- July 25, 2024 Page 48 CHAIRMAN KAUFMAN: We have a motion on the floor, 365 days, the -- BOARD MEMBER FUENTES: Operational costs. CHAIRMAN KAUFMAN: -- operational costs paid within 30 days. MS. BUCHILLON: And fines continued to accrue. CHAIRMAN KAUFMAN: And it's been seconded. BOARD MEMBER FUENTES: It's an extension -- I'm sorry. It's a continuance, not an extension. CHAIRMAN KAUFMAN: Right. That means the fines continue to accrue. MS. VALDES: I understand. 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. MS. VALDES: I appreciate you. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Carries unanimously -- one opposed? BOARD MEMBER RUBENSTEIN: I opposed. BOARD MEMBER FUENTES: When you come back in a year, if you have to come back -- CHAIRMAN KAUFMAN: Have to come back. The fines still -- BOARD MEMBER FUENTES: -- remind me your name, this property, the story. I mean, we remember it. It's -- you know, we July 25, 2024 Page 49 like to work with people. We like to work with compliance -- MS. VALDES: I really appreciate that. Thank you. Can I just ask one question? Mr. Rubenstein, I want to make things right. Could you tell me why you opposed it? BOARD MEMBER RUBENSTEIN: Well, I think by -- and I don't have to answer that, but I'm happy to. MS. VALDES: Oh, I appreciate it. BOARD MEMBER RUBENSTEIN: I think by you requesting up to a year to get this resolved is just kicking the can down the road. The fines are going to continue to pile up. I don't feel that they'll be payable. You'll ask for some relief on that. MS. VALDES: Yes. BOARD MEMBER RUBENSTEIN: And all we're doing is just -- letting this thing just fester. And I think that it behooves you to not try for a year. Try to get it done next week or next month. MS. VALDES: Believe me, yes -- BOARD MEMBER FUENTES: With all due respect -- BOARD MEMBER RUBENSTEIN: And I just think that the longer period of time gives you the liberty to sit back if you have to. That's all. BOARD MEMBER FUENTES: I will say this: I appreciate what you did here today. MS. VALDES: Okay, thank you. BOARD MEMBER FUENTES: Okay. BOARD MEMBER RUBENSTEIN: Yeah, it's very good. BOARD MEMBER FUENTES: Because this shows us -- and I know the way Robert thinks as well is that when we see someone giving us documentation showing that you have a timeline showing what you've done trying to do to obtain compliance -- which is what the Code Enforcement Board is about, compliance. We are not here to reprimand people but to try to obtain compliance. July 25, 2024 Page 50 MS. VALDES: I appreciate that. BOARD MEMBER FUENTES: And you show proof of a permit, a survey being pulled. This is what we call attempting to comply. MS. VALDES: Yes. BOARD MEMBER FUENTES: And that's what we're here to do at the end of the day. I don't believe she comes across as an individual who's going to keep kicking it down the road, because she hasn't. She's trying. She has a very straightforward story. And look, to be honest, that building would have never been permitted if there was a property line in the middle. MS. VALDES: No, no. BOARD MEMBER FUENTES: We have to understand that. We have to understand that. She bought something that has a survey line that went right through it -- a property line, but it's permitted. BOARD MEMBER RUBENSTEIN: No, I do understand. Is there anything we could do as a county, Jeff, to help her? CHAIRMAN KAUFMAN: We just did. The case is done. MR. LETOURNEAU: Yeah. You gave her a year. It's up to her to rectify the situation. MS. VALDES: Oh, absolutely. I understand that. I understand. It's a concrete building. BOARD MEMBER FUENTES: If you come back a year from now, remind me. MS. VALDES: Yes, absolutely. Well, hopefully, we won't have to come back in a year. CHAIRMAN KAUFMAN: You'll have to -- BOARD MEMBER FUENTES: Everybody wants to see you as often as they can, so... CHAIRMAN KAUFMAN: You have a fine that continues to accrue. If you get everything done, the fine is still there -- July 25, 2024 Page 51 MS. VALDES: Oh. CHAIRMAN KAUFMAN: -- so you have to come back to say, "What are we going to do with this fine?" MS. VALDES: Okay. CHAIRMAN KAUFMAN: Okay. MS. VALDES: So if I get it this all settled within just a couple -- before the year ends, because then it's the holidays, and then it's something else. If I get all settled, can I request to come up and see you guys again? CHAIRMAN KAUFMAN: Of course, yes. MS. VALDES: Perfect. And I also want to tell you that Ian -- what's the name of that last hurricane we had -- Ian happened in 2022. Believe me, Chokoloskee was ignored completely. First came Lee County and Collier County before anything was done down there. So thank you so much. I appreciate you guys. Thank you. Have a blessed day. CHAIRMAN KAUFMAN: We're going to take a court reporter break for -- we'll be back here by quarter of. (A brief recess was had from 10:27 a.m. to 10:45 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay, Helen, who's up? MS. BUCHILLON: We're still under motion for imposition and liens, No. 5, CESD20220009720, SG Prop Go 2022, 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. PACKARD: I do. MR. BARILLAS: I do. MR. MORENO: Yes, I do. July 25, 2024 Page 52 CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. BARILLAS: Gerardo Barillas. MR. MORENO: Henry Moreno. CHAIRMAN KAUFMAN: Okay. And you have authorization to talk on behalf of Sierra Club? MR. BARILLAS: Correct. CHAIRMAN KAUFMAN: Okay. Jason, do you want to read this into the record for us? MR. PACKARD: Yes, sir. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On June 22nd, 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 violations. See the attached order of the Board, OR6271, Page 3878, for more information. The violation has been abated as of June 13th, 2024. Fines have accrued at a rate of $100 per day for the period from September 21st, 2023, to June 13th, 2024, 267 days, for a total fine amount of $26,700. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, $59.49. Total amount, $26,759.49. The violation was a health-and-safety violation. It was a gas grill installation. Actions taken by the violator: Permit PRGS20230104249 was applied for on January 31st, 2023. It was issued on September 8th, 2023, and finaled on June 12th, 2024. No previous violations were committed by the respondent and no other relevant factors. July 25, 2024 Page 53 CHAIRMAN KAUFMAN: Okay. First. MR. BARILLAS: All right. So when we came to this property, we swapped out two propane grills, built-in grills, and changed the countertops. Unbeknownst to us -- we didn't check with the county if that was something we needed to pull a permit for. We've done them all over the state of Florida, and this is the first time we've had to pull a permit for that particular instance. Once we found that out, we got the violation -- I went down to the city [sic] to see what kind of permit I needed to pull. They could not seem to tell me. I spoke to the plans examiner -- plans reviewer for plumbing -- or for the county. He didn't know either. He referred me to the building official, which he said, just plainly, "You need a permit -- a plumbing permit." At that point, we had a plumber go ahead and start pulling the permit, and that's when -- the date that Mr. Packard gave, we pulled the permit. We were able to start doing what we needed to do. In between all of this, they asked us for different things. We didn't touch any of the hard plumbing. We didn't touch the propane tank. We didn't touch the system itself because it's an integral system that was there before. What we did was unhook the flex hose that goes from the grill to the actual plumbing, to everything else. But they had us replace all the plumbing underneath the grills. They had us pressure test the tank and the lines going to the tank. They had us do more than what we had any idea that needed to be done in that case because of the age of what was there already. That being said, that's why it took so long to get the permit. Then after the permit, from the records, we did get a final on November 28th, 2023, but it was with the condition to get the lines and the tank pressure tested, which the plumber, I believe, did not see. Mr. Packard sent us another e-mail, and we jumped back on it. July 25, 2024 Page 54 And we had the pressure test on May 1st of 2024, and we closed it out May 16th, 2024. I'm not sure where the June 13th number -- or date is coming from because on the portal -- or on the website, it says final was 5/16/2024. MR. PACKARD: That may have been when you guys notified me, and I did an inspection. It may have been through different -- between two inspections. I'd have to go back and -- MR. BARILLAS: No, no. The pressure test and the fire final were on the same day. MR. LETOURNEAU: I'm looking at the permit right now, and it says finaled on June 12th, 2024. MR. MORENO: That's when the fire department showed up. MR. LETOURNEAU: I've got it right here in front of me. MR. BARILLAS: I'm looking at it here as well. MR. LETOURNEAU: Well, I'm just saying in our permit system right here -- MR. BARILLAS: That is your permit system as well, right, the online permit system? MR. LETOURNEAU: I'm not aware of what that is, to be honest with you. MR. BARILLAS: It says, Collier County mechanical, electrical, plumbing applications status, fire permit. It says it right there completed on 5/16 -- MR. IANDIMARINO: Sir, can you speak into the microphone, please. MR. BARILLAS: Sorry. It says right here, 5/16/24, passed. It's on -- MR. NOELL: Just for clarity, under the order that was previously provided to you guys, it puts the onus on you to notify that investigator to come out to ensure compliance. So he -- because of all the cases that we deal with -- July 25, 2024 Page 55 MR. BARILLAS: Understood. MR. NOELL: -- he doesn't sit at a desk and monitor every case to make sure you're doing what you're supposed to. So the onus is on you to notify the investigator to come out to ensure compliance. And, Officer, I'm guessing that that date, June 13th, is when you went out there and ensured compliance or reviewed the records of the county to ensure compliance. MR. PACKARD: I think Mr. Letourneau is correct. I think that is the day that they got their -- MR. LETOURNEAU: Right. And I'm looking at -- for the record, Jeff Letoureau, Collier County Code Enforcement. I'm looking at a gas piping test affidavit that was received on 6/10/2024. That was probably what the holdup on getting the actual final for that permit. MR. BARILLAS: Okay. CHAIRMAN KAUFMAN: Okay. Okay. MR. BARILLAS: Either way. CHAIRMAN KAUFMAN: Any motions from the Board? BOARD MEMBER BHATLA: I'll make the motion to pay the operational costs of 59.49 and reduce the fine to a thousand dollars. CHAIRMAN KAUFMAN: Okay. Do we have a second? BOARD MEMBER AYASUN: Go. Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Aye. July 25, 2024 Page 56 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER FUENTES: What is that, three and three? CHAIRMAN KAUFMAN: Three and three, it fails. Okay. BOARD MEMBER AYASUN: Another one. THE COURT REPORTER: You have seven. CHAIRMAN KAUFMAN: Excuse me? MR. NOELL: There's seven on the dais, so... CHAIRMAN KAUFMAN: So we have -- BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: One aye. BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Two ayes. BOARD MEMBER AYASUN: Three. CHAIRMAN KAUFMAN: Three ayes. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Four ayes. Okay. It passes. MR. BARILLAS: Thank you. CHAIRMAN KAUFMAN: Okay. It's a thousand dollars. The operational costs of 59.49 to be paid within 30 days. MR. BARILLAS: Yes, sir. CHAIRMAN KAUFMAN: Okay. We're done. MR. BARILLAS: Thank you very much. MR. PACKARD: Thank you. BOARD MEMBER RUBENSTEIN: How much was it, a thousand? CHAIRMAN KAUFMAN: A thousand. MS. BUCHILLON: ***Next case, No. 6, CESD20200003242, Kluckhuhn Family Residential Trust. MR. PITURA: I do. MR. KLUCKHUHN: I do. MS. KENDALL: I do. July 25, 2024 Page 57 CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. KLUCKHUHN: I'm Gary Kluckhuhn. CHAIRMAN KAUFMAN: Okay. And you are? MS. KENDALL: Michaela Kendall. CHAIRMAN KAUFMAN: Okay. MR. KLUCKHUHN: My daughter's over here, too, but -- I'm not going to speak much because I'm not going to go -- Michaela has a timeline. But I do appreciate -- this is the first time in -- I've been in the building business for over 60 years -- I've ever had to be in front of a code enforcement. And I appreciate the work, and I don't want to be kicking the can down the road. But the last time I was here, I had a deadline to finish the project, as I understood it to be, and I got it done with some help from other than my employed contractor. But I'd like to bring this to a close whatever -- the ongoing fines or stress will say the least. So I'm going to let Michaela present the timeline and -- CHAIRMAN KAUFMAN: Okay. Let me have the county read the case into the record for us first. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On January 25th, 2024, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6329, Page 1079, for more information. The violation has not been abated as of July 25th, 2024. Fines and costs to date are as follows: Fines have accrued at $100 per day for a period from May 25th, 2024, to July 25th, 2024, 62 days, for a total fine amount of $6,200. The fines continue to accrue. July 25, 2024 Page 58 The previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing is $59.35. Total amount is $6,259.35. So to bring us up to speed is that in order to abate his violation -- he had a boathouse. The decking has been permitted and finaled. The boathouse is done. The only thing they need to finish is just the permitting for the roof of the boathouse, and that will close the case out. CHAIRMAN KAUFMAN: Okay. Good morning. MS. KENDALL: Good morning. Can you hear me all right? CHAIRMAN KAUFMAN: Yeah. You're -- I can hear you. MS. KENDALL: So since 2020 when this case opened, Mr. Kluckhuhn has been doing everything he can to get it abated. Now, that was during COVID, so I think that played a part into it. Now, in -- he did sign the contract with Greg Orick, and they actually did not start work until after the hurricane, despite the contract being signed in 2021, so that caused a lot of this delay. Also -- so they had applied for their own permit despite the fact that he already had an owner/builder permit, which caused a bit of confusion on the permitting department and for us just because of what needed to be done. So the contractor, he didn't -- he provided a letter to the county that we did not know about until very recently after a meeting with Renald Paul in trying to get this closed. And it was basically a letter stating that somebody else would have to do the roof. Now, again, we did not know that that letter was put or, like, part of the conditions for the permit because we assumed the permit he pulled was for the entirety of the contract that they signed. CHAIRMAN KAUFMAN: Okay. So let me cut to the chase here. MS. KENDALL: Yeah. July 25, 2024 Page 59 CHAIRMAN KAUFMAN: The only thing that's left is to permit the roof. MS. KENDALL: Uh-huh. CHAIRMAN KAUFMAN: Okay. And have you been in touch with someone to get the roof permitted? MS. KENDALL: Yes. CHAIRMAN KAUFMAN: It's permitted. It just needs to be -- MS. KENDALL: No, we're working on it. CHAIRMAN KAUFMAN: Okay. And how long do you think that's going to take you? MS. KENDALL: One hundred eighty days is what I would request. CHAIRMAN KAUFMAN: Six months? MS. KENDALL: Yes. The only reason is because there's been a lot of back and forth and a lot of health issues, too, have been going on, which is a big reason as to why this hasn't been completed as -- Gary, he had multiple surgeries, in and out of the hospital and bedridden for months. So with all of that happening, it's kind of -- it was hard to get certain things organized. But we do have a contractor that we're working with, Bill King. And I believe that we can get the permit done. They actually -- CHAIRMAN KAUFMAN: When does he think he can have the job completed? MR. KLUCKHUHN: Can I interject? MS. KENDALL: Yes. MR. KLUCKHUHN: The roof right now is finished with a wood deck, which is what -- with the sun and the shade -- it's not a standard -- it's not a standard roof. It's like a boat hull with hemp rope, and it's experimental. And eventually, when we do the remodel on the house, it will have a flat roof so it will be in July 25, 2024 Page 60 compliance. MS. KENDALL: That's why I'm asking for the six months. CHAIRMAN KAUFMAN: Let me keep it simple. Does the contractor -- has he said to you, "I should be able to have this done by"? MR. KLUCKHUHN: It's done, so it's a matter of -- CHAIRMAN KAUFMAN: Not the -- not the -- when we say "done," we mean -- MS. KENDALL: The permit. CHAIRMAN KAUFMAN: -- the permit has to be CO'ed. MS. KENDALL: So the reason why I think we may need six months is because of a potential need for a variance. CHAIRMAN KAUFMAN: Did you pull a permit to begin with? MS. KENDALL: Greg Orick's team did. CHAIRMAN KAUFMAN: I don't understand why you need a variance. Does the boathouse -- MS. KENDALL: Because the boathouse has a flat roof, because that's what Greg Orick sold us, but per code, the boathouse roof has to match the existing roof material and shape. But the existing -- the current -- the house has a pitched roof with tile, but he plans on redoing that roof anyway. There's leaks in that roof. That roof's not going to stay as it is. So he put a flat roof on the dock because, again, the contract he was sold by the licensed contractor included a flat roof. So he didn't realize that that was going to be something -- an issue with the building department. CHAIRMAN KAUFMAN: This is a licensed contractor? MS. KENDALL: Greg Orick. CHAIRMAN KAUFMAN: I don't know who he is. MS. KENDALL: Oh. Marine construction, yeah. July 25, 2024 Page 61 CHAIRMAN KAUFMAN: Okay. So he's a licensed contractor, and he didn't realize that that's not to code? MS. KENDALL: He didn't communicate that to us. CHAIRMAN KAUFMAN: Okay. Well -- so now, to fix this, he's going to replace the roof because it leaks? MS. KENDALL: No. That's a separate contractor. So Greg Orick is the marine contractor. He cannot pull a roof permit without a roofing contractor. But his part is considered done because, again, he put a letter in the permit stating that he was not going to do the boathouse structure. Now, again, we did not know that until the meeting with Renald Paul because that letter, for whatever reason, I couldn't access it through the county portal. Like, I could see that there was a letter in there; couldn't see what it actually said. It wouldn't download for me. So he was able to print that for me and tell me exactly that -- what the permit was for. So they pulled a permit for just re-decking, and we were under the impression they were pulling a permit for the replacement of the entire dock. CHAIRMAN KAUFMAN: Okay. So we're back to the first question: You think it's going to take six months to get this done? MS. KENDALL: I hope not. I just don't want to ask for too short of time and then we end up needing a petition or a variance or something, and then we're in front of you again. CHAIRMAN KAUFMAN: Well, the fines continue to accrue. MS. KENDALL: Is there any way that we could pause that because -- CHAIRMAN KAUFMAN: Yeah, come into compliance. MS. KENDALL: Well, see, that's the thing. So he thought he did come into compliance on the 25th. It was a couple days after, I think, we were supposed to be done when the fines started. So he called the inspector up, but that's when we started finding out, oh, the July 25, 2024 Page 62 permit wasn't all that we thought it was. So after the last time we were here, he was under the impression all we had to do was finish the boathouse, but it turned out the permits were the issue. CHAIRMAN KAUFMAN: Yeah. The key is, when you say "finish," that means everything, including the permit. MS. KENDALL: Yes. CHAIRMAN KAUFMAN: Okay. I think if we were to grant you a six-month continuance, we'd be doing you a disservice because the fines just continue to add up. MS. KENDALL: Is there any way to pause those? BOARD MEMBER FUENTES: We can't pause the fines, unfortunately. MS. KENDALL: Okay. BOARD MEMBER FUENTES: Because we already -- CHAIRMAN KAUFMAN: This case is -- we're here for the imposition of the fines, not to rehear the case. MS. KENDALL: I thought we were here for a continuance. CHAIRMAN KAUFMAN: That's what you're asking for. BOARD MEMBER FUENTES: Requesting. CHAIRMAN KAUFMAN: That's what you're asking for. So anybody have any suggestions from the Board? MS. KENDALL: I would be open to 100 -- or I'm sorry, 90 days. I mean, anything so that we can -- CHAIRMAN KAUFMAN: Why don't we split the difference and make it 120 days? MS. KENDALL: Perfect. CHAIRMAN KAUFMAN: Okay. I'll make a motion that we grant a continuance of 120 days; the fine of 59.28 for court costs be paid within 30 days. BOARD MEMBER ELROD: Second. MR. NOELL: It's the 59.35, correct, for today's? July 25, 2024 Page 63 CHAIRMAN KAUFMAN: That's correct. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: The 59.28 was already paid. MS. BUCHILLON: And fines continue to accrue? CHAIRMAN KAUFMAN: That's correct. It's a continuance. And if you get it done tomorrow, you come back, and all those days you're not being charged for it. So it's in your best interest to get it done as quickly as possible. So we have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. KENDALL: Thank you. MR. PITURA: Thank you. MR. KLUCKHUHN: Thank you. MS. BUCHILLON: ***And last case, we're still under imposition of fines, No. 3, CESD20230000232, FM Naples Storage 18FL, LLC, in care of Extra Space Storage, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. Good morning. Thomas Pitura, Collier County Code Enforcement. July 25, 2024 Page 64 Past orders: On October 26th, 2023, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6307, Page 3328, for more information. The violation has been abated as of May 23rd, 202. BOARD MEMBER AYASUN: Yeah, May 23rd they did it. They finished, but they're not here. It's a small fine. Number 3. BOARD MEMBER BHATLA: Number 3. MR. PITURA: Fines have accrued at a rate of $50 per day for a period from April 24th, 2024, to May 23rd, 2024, 30 days, for a total fine amount of $1,500. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing is $59.35. Total amount is $1,559.35. The gravity of the violation is not health and safety. Any actions taken by the violator to correct: The Permit PRROW20240205013 was finaled. Any previous violations committed by the respondent/violator: None. Any other relevant facts is none. BOARD MEMBER AYASUN: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion that today's operational costs of 59.35 do get paid within 30 days as well as we will reduce the county's fines of 1,559.35 down to $155 to be paid within 30 days. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Seconded. All those in favor? July 25, 2024 Page 65 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? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes 6-1. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Okay. Okay. That finishes the cases for today. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: I have one item I wanted to bring up that I spoke to our attorney about. Some of the folks on the Board have been getting a letter from the State -- and I just want to make this part of the record -- that they have to submit some financial information. BOARD MEMBER FUENTES: Yes. CHAIRMAN KAUFMAN: The Board members submit that information, or in the past, to the county, and now for some reason the State wants to do it. It's not a scam. It's just a pain in the neck. MR. NOELL: Correct. And if you have any questions, feel free to give me a call. CHAIRMAN KAUFMAN: Call Kevin at 3 o'clock in the morning. MR. NOELL: During normal business hours would be great, but I'll take a call anytime if I'm awake. CHAIRMAN KAUFMAN: Okay. I just wanted to let everybody know. BOARD MEMBER BHATLA: I'm on another board, and I July 25, 2024 Page 66 have already provided the financial information to the State. MR. NOELL: I would err on the side of caution, and I would submit it -- I would submit this form, because you may be dealing with different departments within the State -- BOARD MEMBER BHATLA: Okay. MR. NOELL: -- so I would err on the side of caution and submit it for this board as well. BOARD MEMBER BHATLA: Where do we get the form? MR. NOELL: If you didn't -- so for those folks that were serving in the capacity as of January 2024, they were given a form. And if you were not yet on the Board prior to January 2024, then you wouldn't have received one. Were you on the Board in 2023? BOARD MEMBER BHATLA: Yes. 2023? MR. NOELL: Yes, sir. CHAIRMAN KAUFMAN: No. BOARD MEMBER BHATLA: No. MR. NOELL: Then, yeah, you wouldn't have received a form. It's just for starting in January of 2024 going forward. CHAIRMAN KAUFMAN: It's the same information that the -- that you used to have to submit to the county. Now that -- I assume that the county's not going to ask for that. It just goes to the State. MR. NOELL: I don't know what the county would do. I would assume that's correct, but I don't know. I'll give you -- BOARD MEMBER BHATLA: Will I get another form? MR. NOELL: I'll give you my phone number after, my cell phone -- BOARD MEMBER BHATLA: Appreciate that. MR. NOELL: -- and we can, yeah, be sure that we're doing it correctly. BOARD MEMBER BHATLA: Okay. July 25, 2024 Page 67 MR. NOELL: Thanks. CHAIRMAN KAUFMAN: Okay. We are adjourned. ******* CODE ENFORCEMENT BOARD i1 ERT KAU.NrAN, CHAIRMAN ?, ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board onid ?zy 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.