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CEB Minutes 08/22/2024August 22,2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, August 22, 2024 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun ABSENT: Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board August 22,2024 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Having said all of that, let's all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. If there are no objections, we'll have the minutes for the nuisance board and the Code Enforcement Board accepted. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: So moved. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? August 22,2024 Page 3 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Why don't we start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: And Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla is excused, and Mr. Kevin Johnson is also excused. CHAIRMAN KAUFMAN: Okay. That moves us to the agenda. MS. BUCHILLON: Yes, sir. We have some stipulations. Under public hearings, No. 1, CENA20240002215, Lazaro Y. Ebanks Estevez. Number 2, CESD20240001038, Lazaro Y. Ebanks Estevez. Number 3, CEV20240001039, Lazaro Y. Ebanks Estevez. Number 4, CESD20230007312, Daniel Edward Osborne. Number 6, CESD20230006054, PLN Properties, LLC. Number 8, CEROW20230005401, Mario Ignacio Santos Molina. Number 9, CEVR20230003385, Mario Ignacio Santos Molina. August 22,2024 Page 4 Last stipulation, No. 10, CESD20210013130, Fairway Preserve at Old Cypress A Condominium. Those are all the stipulations. Then we have withdraw. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, hearings, No. 11, CESD20240003514, Raschia D. Wong, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. It's a world's record on stips. I've never seen that many. MS. BUCHILLON: Yes, yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the changes. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Let us begin -- hold on. MR. HOLMES: I'm going to throw a wrench. MS. BUCHILLON: Okay. We do have a change to the agenda. Under old business, motion for imposition of fines and liens, No. 7, CESD20220007782, Titus Enterprises, LLC, has been August 22,2024 Page 5 withdrawn. Number 8, CENA20220007701, Titus Enterprises, LLC, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Someone want to make a motion to approve the modified agenda? BOARD MEMBER FUENTES: Make a motion to accept the modified agenda. BOARD MEMBER CURLEY: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We'll try that again. Okay, Helen. MS. BUCHILLON: You want to start with stipulations, right? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. Under public hearings, hearings -- actually, we have an attorney for one of these stipulations, or do you just -- CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 6, CESD20230006054, PLN Properties, LLC. MR. CONA: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state August 22,2024 Page 6 your name on the microphone for us? MR. CONA: Chris Cona, attorney for PLN Properties. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: John Musse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning. Jonathan, do you want to read the stipulation into the -- MR. MUSSE: Not yet. Not yet. -- record for us? No? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. MR. CONA: I do. CHAIRMAN KAUFMAN: Do you want to read it in now? MR. MUSSE: I guess. Let's see. It is agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the alterations/renovations of the restroom facilities within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. August 22,2024 Page 7 CHAIRMAN KAUFMAN: Okay. Sir? MR. CONA: No objections to that. My client's grateful for the extension. Just a little quick background. He had originally hired a contractor to do this work several months ago, and he absconded with the tenant's money. So my client -- they've hired another contractor, and he's on the ball. So they should have this done, you know, certainly within the 120 days. CHAIRMAN KAUFMAN: Terrific. Okay. Get a motion from the Board? BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. BOARD MEMBER AYASUN: Second. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Thank you, Counselor. Thank you, Jonathan. MR. CONA: Thank you. MS. BUCHILLON: I have one more attorney. CHAIRMAN KAUFMAN: You have a change? August 22,2024 Page 8 MS. BUCHILLON: One more attorney. CHAIRMAN KAUFMAN: Oh, one more attorney. MS. BUCHILLON: Yes, before we start with the stipulations. CHAIRMAN KAUFMAN: Bring him on. MS. BUCHILLON: Okay. Under old business, motion for imposition of fines and liens, No. 1, CELU20220004718, Lowe's Home Centers, 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. COLLIER: I do. MR. LIEBETREU: I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the mic for us, please. MR. LIEBETREU: Zachary Liebetreu. CHAIRMAN KAUFMAN: Okay. MR. COLLIER: Adam Collier, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, Adam? MR. COLLIER: I do. On June 22nd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6271, Page 3869, for more information. On April 25th, 2024, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has not been abated as of August 22nd, 2024. Fines and costs to date are as follows: Fines have accrued at a August 22,2024 Page 9 rate of $100 per day for the period from December 20th, 2023, to August 22nd, 2024, 247 days, for a total fine amount of $24,700. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid, previously assessed operational costs of 59.49 have not been paid, operational costs for today's hearing is 59.70, bringing the total amount to $24,819.19. CHAIRMAN KAUFMAN: Okay. Is there any reason why the operational costs of 59.49 have not been paid? MR. LIEBETREU: I'm not exactly sure. I just know that Lowe's is a large corporation, and getting approval -- CHAIRMAN KAUFMAN: We've heard of them, yes. MR. LIEBETREU: As you're well aware, Lowe's is a large operation, and getting approval for anything, even these minor revisions -- for example, like, the August 22nd letter that we received to give some updates and more information, getting approval on even these minor things takes, you know, a very multilayered step, and there's quite a few people to go through in the chain of command. CHAIRMAN KAUFMAN: So you haven't gotten around to it? MR. LIEBETREU: I guess that's one way to look at it, but it's just many people need to approve any specific item that comes up. CHAIRMAN KAUFMAN: Okay. Now that brings us to "the violation has not been abated." MR. LIEBETREU: Correct. CHAIRMAN KAUFMAN: Are you still waiting for a change in the site? MR. LIEBETREU: So on August 22nd, we got the letter from staff detailing some of the additional information that's required. So we submitted one of the items so far, and we are waiting on the last item. And once we submit that, then it will go back into staff for review. And so I anticipate maybe six months for staff to review August 22,2024 Page 10 that, and then we can start pursuing permitting and construction, which should be a relatively quick process. BOARD MEMBER FUENTES: Which it won't be, unfortunately. BOARD MEMBER CURLEY: Just point of order. So you said on August 22nd you got your feedback from the county? Because today's August -- BOARD MEMBER AYASUN: Second. MR. LIEBETREU: August 2nd. MR. COLLIER: August 2nd. BOARD MEMBER AYASUN: August 2nd. BOARD MEMBER CURLEY: Oh, August 2nd. Sorry. Thank you. CHAIRMAN KAUFMAN: Okay. Go ahead. BOARD MEMBER FUENTES: Are we open for discussion? CHAIRMAN KAUFMAN: Oh, absolutely. BOARD MEMBER FUENTES: I guess at this point, the case has been open since 2022, and I know we were favorable last time because, you know, Lowe's has done a lot in regards to veterans and things of that sort, local, but we can't keep extending something that's currently in violation due to the difficulties of a business having the approval. We're here to obtain compliance, and this is 2022. I think I'm in the position where I feel we should impose the fines and allow them to do what they need to do at this point and continue their process. If not, like he said, another six months, permitting, we're looking at another year down the line. How many times do we plan to have Lowe's here, and how many times do we plan to continue extending? BOARD MEMBER CURLEY: I'm all in favor of that. I make a motion to impose the county's fines of 24,819.19, including the August 22,2024 Page 11 additional -- if that is -- no, I guess that includes the unpaid fine. So the total is 24,819.19, and then -- CHAIRMAN KAUFMAN: Okay. Let me interrupt a second. To begin with, the 59.49 has to be paid, or we don't consider anything, okay? MR. LIEBETREU: Okay. CHAIRMAN KAUFMAN: That's to begin with. Ordinarily, when someone comes before us, they pay it the same day that they come before us. MR. LIEBETREU: Okay. CHAIRMAN KAUFMAN: That's to begin with. BOARD MEMBER CURLEY: Well, the attorney from Lowe's that was here a couple months ago was a different woman. MR. LIEBETREU: Yes, Amy Thibaut. She has another hearing today, so -- BOARD MEMBER FUENTES: That's kind of the problem here is that we -- based on what you sort of said as well, it almost feels like this isn't being taken seriously. It's been a while. MR. LIEBETREU: Well, we've been -- we're working on this, I guarantee it. BOARD MEMBER FUENTES: And I believe you are, but we also have previous assessed fines that have not even been paid, you know. So I will second the motion that was made by -- I mean, there is a motion on, so I guess we need to -- BOARD MEMBER CURLEY: I mean, just some discussion on it is that, you know, it's a lot of county time and a lot of fees for them to keep coming back here telling us that it's taking a long time. If we just impose these fees, they continue to accrue, and they speak to another department, and this is off of the agenda. And until they're in compliance, you know, we don't really care. They're going August 22,2024 Page 12 to be fined, we had already said years ago, so that's that. I mean, it's a habitual offender anyways. CHAIRMAN KAUFMAN: Okay. Let me ask a question. You said you have a letter -- or you received something back from the county this week? MR. LIEBETREU: We received something back from the county on August 2nd detailing some of the additional information that's required for our application, and we have -- CHAIRMAN KAUFMAN: Your application revolves around what? You want to change the -- MR. LIEBETREU: For the insubstantial site plan -- CHAIRMAN KAUFMAN: Okay. MR. LIEBETREU: -- amendment. CHAIRMAN KAUFMAN: This whole thing is you have so many square foot in the store, which requires so many parking spots, and some of those parking spots are filled up with mulch and whatever. MR. LIEBETREU: The open storage, yes. CHAIRMAN KAUFMAN: Okay. And what prohibits you from removing that other stuff while you go ahead with what you're doing? MR. LIEBETREU: I think that's just the operations of the store, is they have to have so much supply on hand to, you know, refill the stock as it gets sold. BOARD MEMBER RUBENSTEIN: I have a question. BOARD MEMBER CURLEY: You could just say greed. CHAIRMAN KAUFMAN: Go ahead, Lee. BOARD MEMBER RUBENSTEIN: This violation is for litter, not for inventory or trailers or any excess supplies. MR. COLLIER: Outside storage and litter, sir. BOARD MEMBER RUBENSTEIN: I'm sorry, sir? August 22,2024 Page 13 MR. COLLIER: Outside storage and litter. BOARD MEMBER AYASUN: Storage and litter. Both. BOARD MEMBER RUBENSTEIN: Yeah. Why is it so hard to clean up the place? MR. LIEBETREU: Well, I can't speak to the litter. Was it -- was that part of the outdoor storage, or was there debris -- has the debris been cleaned? MR. COLLIER: As far as I know, the debris has been cleaned up. Last I was there, I didn't see it, but I haven't been able to get behind the building to verify -- or I have not gotten behind the building, excuse me. BOARD MEMBER CURLEY: So if my memory serves, originally it was a complaint from the condominium people that live behind the store that there was pallets and all sorts of, you know, what you would expect from Lowe's, you know, trash and excessive amounts of open bags of mulch and dead Christmas trees and all this that were, you know, ugly for them to drive by. And so I think a couple years ago that back side was mitigated. But it's Christmas, and pumpkins are coming, and Christmas trees are going to be in that parking lot, and there's nothing stopping Lowe's. They're a big company. BOARD MEMBER FUENTES: I just want to remind everybody we currently have a motion in place. CHAIRMAN KAUFMAN: Right. And this is discussion on the motion. BOARD MEMBER RUBENSTEIN: Another question. This property is different than the one on South Collier Boulevard. They're under a PUD, correct? MR. LIEBETREU: I believe so. BOARD MEMBER RUBENSTEIN: Okay. And they're in the process of trying to get the PUD resolved to accommodate their August 22,2024 Page 14 problem, which is very similar to your Naples store. MR. LIEBETREU: Yeah. It's a pretty typical problem with the home improvement stores. They all operate similarly. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. And just to clarify the motion, the 24,819.19 includes the 59.70 for the operational costs for today? BOARD MEMBER CURLEY: Yes. It's -- MS. BUCHILLON: Yes, and the past-due one. CHAIRMAN KAUFMAN: Past-due ones. Okay. Well, we have a motion. Any more discussion on the motion? BOARD MEMBER AYASUN: There's a second also. CHAIRMAN KAUFMAN: And there's a second by John. BOARD MEMBER CURLEY: Yeah. Let's kick this one down the street. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER AYASUN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Nay, too. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: There's three down. This is a tie. The motion fails. Okay. So now we'll go back to the drawing board. I'm assuming that you're waiting for something else to submit the paperwork, but six months seems to be unreasonable to move paper around. MR. LIEBETREU: Well, it's -- August 22,2024 Page 15 CHAIRMAN KAUFMAN: And that's six months from today. MR. LIEBETREU: Right, but the remaining item that we have to submit is relatively simple, just a few -- let me see. Updating the site plan with additional information and getting approval from the County Manager that the proposed revisions to the application are consistent with the insubstantial change criteria. So those are relatively simple items, but then that goes back to staff review for the ultimate approval of the application, so that's what will take the six months. CHAIRMAN KAUFMAN: Are you building something? Is that what's taking so long? To move paperwork shouldn't take six months, but that's just my guess. MR. LIEBETREU: Yeah. So we will be installing, you know, fencing and screening for the outdoor storage, obviously, if it's approved, and so we will have to get permitting and do the construction. I believe it is relatively minor. I've been told all we will need is a fence permit to install the fencing and screening. BOARD MEMBER FUENTES: So if I may real quick. I see what you're trying to say. The problem here is we need to treat every case similar and fairly. I understand why we voted against the motion, because it's Lowe's, and I know the reasons behind it. However, gentlemen, ma'am, we have given them over two years at this point. We don't have a fine line here or a date to go based off of, and if we give them 90 days, they're going to come back in 90 days, and we're still in the same boat. Again, I understand why we said no to the motion, but if this would have been any other individual in front of us that says, "Hey, we have not paid the previously assessed fines," everybody here would have placed the fine, but because it's Lowe's, we said no, and I find that a little unfair. And I'm speaking on behalf -- to the Board to let them know that August 22,2024 Page 16 in other cases we have done this, but today we're not doing it because it's Lowe's. We have a previously assessed fine that has not been paid. You have said it yourself, Bob. Usually we don't even hear the matter if they don't pay. It's a little unfair what we're doing to those who watch the Board, who have been to the Board, just because it's commercial and because it's Lowe's, and we have been more than fair. We have been fair. If you guys don't think we have, that can be a discussion. But, again, whatever we do here, they will be back. BOARD MEMBER ELROD: We have let them pay the fine that they missed before. Bob does that regularly, so it's not -- BOARD MEMBER FUENTES: Well, what does that tell you? BOARD MEMBER ELROD: -- because it's Lowe's. But I do know that a PID [sic] change is lengthy. BOARD MEMBER CURLEY: Well, also, he just stated that he has no way to pay the fine, so that's not going to happen like it would normally happen, so that's -- BOARD MEMBER FUENTES: Do you see that there's a lack of, perhaps, motivation, maybe responsibility, and -- I'm just saying, we're here to discuss it. But, guys, I'd like to -- and typically I preach this: Let's be fair around the board. I understand it's Lowe's, but let's be fair around the board. And we have been pretty fair on this case. That's where I stand. I don't know what you guys are going to do from here because you've already said no to the motion. If you guys think I'm wrong, hey, I apologize but, you know, it's the way that I see it right now. CHAIRMAN KAUFMAN: Okay. Jeff, do you have a comment? MR. LETOURNEAU: Terri, I'm going to have to get sworn in. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? August 22,2024 Page 17 MR. LETOURNEAU: I do. For the record, Jeff Letourneau, Collier County Code Enforcement. While you guys were in discussion, I was looking over some of these dates right here. The actual notice of violation was served on July 5th, 2022. So we're here over two years later. Adam served the notice of hearing on July 30th, I believe, and -- from the records here, and they came down on July 31st and actually put their first submission in over two years later. We've been here before with a previous attorney, you know, promising stuff. You know, I get that they made a movement here, but I've got to say that we're here two years later and, literally, nothing has been done. BOARD MEMBER FUENTES: And that's all I'm trying to say here right now is that I feel that the Board needs to put their foot down sometimes, and we cannot treat certain files differently because it has a brand name behind it. MR. LETOURNEAU: And I would also -- BOARD MEMBER FUENTES: I understand that they've done a lot for the veterans. I'm not -- that's why we -- that's why we complied -- or tried to obtain compliance for the last two years. At what point do you guys put the foot down and say, "Hey, we would have done this to anybody else -- anybody else here we would have done that to"? Because they did not pay the previous assessed fines. MR. LETOURNEAU: Just one more thing, too. And I think both times both attorneys have claimed, hey, it's a big corporation. It takes a lot of time to get stuff through. That's a double-edged sword, though, because a big corporation, unlike a lot of people that come here, have the means to fix stuff easily. So in my mind, I think that there's been kind of some feet dragging here on getting this thing August 22,2024 Page 18 done. CHAIRMAN KAUFMAN: Well, based on what you said as far as the timeline that you pointed out, that nothing was done for that period of time, I'm willing to amend my vote. BOARD MEMBER CURLEY: I'll make a motion to allow the county's fine of $24,819.19. BOARD MEMBER AYASUN: So we are revoting on the same motion? BOARD MEMBER CURLEY: I made a motion. BOARD MEMBER AYASUN: Okay. BOARD MEMBER FUENTES: I'll second. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: So we have some discussion? CHAIRMAN KAUFMAN: You can have -- we -- I thought we had the discussion. BOARD MEMBER RUBENSTEIN: Okay. I have a question for Lowe's. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: This is almost the end of August, and if memory serves me right, your parking lot's going to be full of Halloween and Christmas stuff shortly. So how are we going to eliminate outdoor storage when half your seasonal merchandise is going to be outside? BOARD MEMBER CURLEY: He can't answer that. BOARD MEMBER RUBENSTEIN: I don't see it. BOARD MEMBER CURLEY: But if this was -- CHAIRMAN KAUFMAN: Sue, wait. Let him finish. BOARD MEMBER RUBENSTEIN: My question is, are they going to continue to put -- BOARD MEMBER CURLEY: Yes. August 22,2024 Page 19 BOARD MEMBER RUBENSTEIN: -- seasonal goods outside until this is resolved? BOARD MEMBER AYASUN: He may not know. MR. LIEBETREU: I can't say. I'm not the store manager. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Lee, all we can do is look at history. History will repeat itself. Right now you're asking a question that if you look back in the last two years, your questions would be answered. If you believe something would change in the next month and a half, well, that would be kind of crazy. It's not going to change in a month and a half. You're asking a question that the last two years already tell you your answer. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Nothing has changed. CHAIRMAN KAUFMAN: You're talking through the close. You have a motion. We have a second. I told you I'm going to amend my vote. So let me call the -- BOARD MEMBER RUBENSTEIN: But that's the old -- your old motion. You amend? CHAIRMAN KAUFMAN: Now this is a new motion. BOARD MEMBER RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: Yes. MR. NOELL: I believe the attorney wanted to address the Board before the vote. So, procedurally, that would be the proper thing to allow happen. CHAIRMAN KAUFMAN: Okay. MR. LIEBETREU: If I may, you know, we received this letter back from staff on August 2nd, and we addressed that within 20 days, and we're waiting on a couple remaining items, one of which is from the County Manager. So, you know, we have been pushing this forward, and we've been pushing it forward before this hearing as August 22,2024 Page 20 well. CHAIRMAN KAUFMAN: Yeah. And that's not -- what bothered me more than anything else is the first two years, not since August. The first two years nothing was done, okay. So when Jeff read the timeline of what happened from the beginning when the -- when Adam first served the notice, there was a big lapse of time. As a matter of fact, the first meeting -- I remember it -- nobody showed up at all from Lowe's. The second meeting an attorney showed up. MR. COLLIER: Excuse me, sir. MR. LIEBETREU: The minute the application -- we submitted, sorry. Go ahead. CHAIRMAN KAUFMAN: So we have a motion. We have a second. I'm going to call the question. BOARD MEMBER FUENTES: Adam has -- BOARD MEMBER RUBENSTEIN: You've got a comment. MR. COLLIER: Just a point of clarification. I think we're getting the two stores confused. For this particular case, for the first hearing, the attorney and the store managers showed up and signed a stipulation, and also I believe the complainant on this one was Michael Ossorio. I don't think -- I don't think it was the condominiums behind it. I think that's the other store as well. BOARD MEMBER CURLEY: You might be right, because this was the one where they had a giant container full of hoses, and the guy was -- BOARD MEMBER RUBENSTEIN: Can we restate the motion, please. CHAIRMAN KAUFMAN: Okay. MR. NOELL: If I may, because this is a -- it is a motion, so I just want to make sure, does -- the attorney for Lowe's, do you have any questions for the investigator or for Mr. Letourneau? August 22,2024 Page 21 MR. LIEBETREU: I do not. MR. NOELL: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Do you want to read the motion back, Terri? THE COURT REPORTER: It would be quicker if you just said it, because I'm going to have to go find it. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I'll make a motion to impose the county's fines of $24,819.19. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. That includes the operational costs? BOARD MEMBER AYASUN: Yep. CHAIRMAN KAUFMAN: And just as a comment, fines continue to accrue until it comes into compliance. Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. That motion passes. Okay. We've tried everything we can to be accommodating to Lowe's. Now it's Lowe's turn to be accommodating to the county. MR. LIEBETREU: Thank you. MR. COLLIER: Thank you. CHAIRMAN KAUFMAN: Okay. Next stipulation. MS. BUCHILLON: All right. Under hearings, the first stipulation, No. 1, CENA20240002215, Lazaro Y. Ebanks Estevez. August 22,2024 Page 22 We have three for them. Do you want to do one at a time, or do you want me to read the three of them now? CHAIRMAN KAUFMAN: We can -- MS. BUCHILLON: One at a time? CHAIRMAN KAUFMAN: We can do them all at the same time, but we vote on them separately. MS. BUCHILLON: Okay. Also for Case No. 2, CESD20240001038, and Case No. 3, CEV20240001039. CHAIRMAN KAUFMAN: Do you have the stips? BOARD MEMBER FUENTES: What was the last four, 1039, right? BOARD MEMBER CURLEY: We only have stips. MS. BUCHILLON: Those are -- we just got those at the end, so you're not going to have those. I've got to put them up. BOARD MEMBER CURLEY: Thank you. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. MR. ESTEVEZ: I do. MS. PATTERSON: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of the hearing; Two, abate all -- abate all violations by removing all unauthorized accumulation of litter and all other items not permitted for outdoor storage to a site designated for such use, or store desired items in a completely enclosed structure within 30 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondents must notify Code Enforcement within 24 August 22,2024 Page 23 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, if the respondent fails to abate the violation, the county may abate the violation using the 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. Sir, could you give us your name on the microphone for us, please. MR. ESTEVEZ: Lazaro. CHAIRMAN KAUFMAN: Excuse me? MR. ESTEVEZ: Lazaro. BOARD MEMBER CURLEY: What's his last name? MR. LETOURNEAU: Full name. Your full name? MR. ESTEVEZ: Lazaro Yvo (phonetic) Estevez. CHAIRMAN KAUFMAN: Okay. And you're the respondent? MR. ESTEVEZ: Yes. CHAIRMAN KAUFMAN: Okay. This is the first one. We can vote on that now, or we can hear all three. Let's vote on them individually as we go along. Okay. You're aware of what needs to be done? MR. ESTEVEZ: Yes. CHAIRMAN KAUFMAN: Okay. And you'll be able to do it within 30 days? MR. ESTEVEZ: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I'll make a motion to accept the stipulation as written. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. August 22,2024 Page 24 All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That takes care of the first one. MS. PATTERSON: Therefore, it is agreed between the parties that the respondent shall: Number 1, pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the multiple buildings/structures and the alterations/improvements that have been erected or constructed on this property without permits: An above-ground pool with utilities, a garage converted into living space with utilities, an A/C mini split; principal structure, there was a kitchen remodeled to include new cabinets and countertops; Structure 3, a large metal canopy with electric; Structure 4, a dog kennel; Structure 5, a horse barn with electric and plumbing; Structure 6, there was a roof structure in between two trees; and a Structure 7 was a large animal closure with roof, within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Shut off all unpermitted electrical power source. It is to remain off until such electrical work is addressed with a valid building permit or demolition permit and related inspections within three days August 22,2024 Page 25 of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. One question: Is -- the structure there that's been converted into living space, is that occupied? MS. PATTERSON: It was occupied. I can't tell you if it's occupied now. But when I went there and did the inspection, yes, it was occupied. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Okay. One, if you -- BOARD MEMBER CURLEY: When was that? CHAIRMAN KAUFMAN: Can I run the meeting, Sue? BOARD MEMBER CURLEY: I'm just asking her -- CHAIRMAN KAUFMAN: Yeah. Well, I'll recognize you when it's time to speak. What is the -- what is the status -- sir, what's the status of the person that's living in that structure? Are they there or not there? MR. ESTEVEZ: No. CHAIRMAN KAUFMAN: They're not there? MR. ESTEVEZ: No. CHAIRMAN KAUFMAN: Okay. I was just wondering if that should be part of the stipulation, that it be -- that it remains -- if you're turning the electricity off, that's enough reason for it not to August 22,2024 Page 26 be -- MS. PATTERSON: To be unoccupied. CHAIRMAN KAUFMAN: -- occupied. MS. PATTERSON: Yeah. I was there yesterday. I didn't note that anybody was in there but, yeah, that was one of the things that we did put into the stipulation to make sure that the electric and everything was turned off so that nobody -- well, nobody's probably going to be occupying it too much, you know, when we're doing 98 degrees of heat out here during the day. CHAIRMAN KAUFMAN: Okay. Let me just ask our attorney: Is it necessary to specify in the stipulation that it be unoccupied, or just by turning off the electricity, is that sufficient? MR. NOELL: By turning off the electricity, that's sufficient. CHAIRMAN KAUFMAN: Okay. So we have a stipulation. Lee, you have a question? BOARD MEMBER RUBENSTEIN: I do. Can you tell me, what's the status of the swimming pool? Does it have water in it? MS. PATTERSON: It does have water in it, and they have -- their final inspection on the swimming pool is pending. I think it's due today, actually. So they will likely -- they'll either pass or they'll fail, so -- but they're at the last stage of that. CHAIRMAN KAUFMAN: Okay. Is the pool fenced properly? I know that's part of the inspection, but... MS. PATTERSON: It is. They have a fence around the property. They don't have a fence specifically just around the pool, but they do have a fencing permit that will cover around the pool. So they're going to put a separate fence around the pool, making it nice and secure and private, and then they have a nice fenced property that -- they have animals and things like that on there. That's also part of the permit, so that's in the works right now, too. August 22,2024 Page 27 CHAIRMAN KAUFMAN: Okay. Our concern is that if it's not permitted right now and someone could fall into the pool, that whole deal. So -- MS. PATTERSON: And it's likely -- I can't say for sure, but obviously you're correct, you know, when the building inspector comes out there, he may question that, say, "Hey, you don't" -- but they might let him put up a temporary safety barrier. CHAIRMAN KAUFMAN: Right. MS. PATTERSON: And they do have one of those. It's one of those orange construction fences, and it's right there on the property. So they might let them just go ahead and put that up for now, get their CO, and then move on with their fence permit. CHAIRMAN KAUFMAN: Okay. Lee, you have a question? BOARD MEMBER RUBENSTEIN: Yes. I would recommend, as part of the stipulation, that the water be drained and removed from this pool. CHAIRMAN KAUFMAN: I think -- I think it's more dangerous having an empty pool than a full pool. BOARD MEMBER RUBENSTEIN: I don't know anybody who ever drowned in an empty pool. CHAIRMAN KAUFMAN: No, but they'll break their head falling into it. BOARD MEMBER FUENTES: It already has a safety barrier around it, so they've made that attempt for compliance. So there wouldn't be a purpose for draining or filling. As long as safety barrier's up, they're -- BOARD MEMBER RUBENSTEIN: Let me ask counsel: Are we liable if we allow this water to remain in the pool till they get this issue resolved? MR. NOELL: No. I think the testimony is is there's a safety barrier in place, and so the Board wouldn't be personally liable August 22,2024 Page 28 regardless because of their -- the capacity in which they're acting as the Code Enforcement Board, so I don't -- BOARD MEMBER RUBENSTEIN: Is county liable? MR. NOELL: I can't -- I can't answer that, unfortunately. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER ELROD: I'd like to make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a second? I second it. BOARD MEMBER CURLEY: I just have a question on the motion. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER CURLEY: So I just wondered how the complaint came in. MS. PATTERSON: It came in through the commissioner's office. BOARD MEMBER CURLEY: So anonymous. MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: It passes. August 22,2024 Page 29 So you have six months/180 days to get all of that resolved. There's a lot on that list, so good luck on that one. Sherry? MS. PATTERSON: Yeah. They're working a lot on that. They already have some of the permits pulled and everything. CHAIRMAN KAUFMAN: Great. MS. PATTERSON: So they're already on the ball with that, so, yeah. CHAIRMAN KAUFMAN: Cool. MS. PATTERSON: Okay. So the last one that I have is: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by repairing and affixing a current valid license plate to each vehicle in violation or store these vehicles in a completely enclosed structure or remove these vehicles to an area intended for such use immediately -- within 30 days, or a fine of $50 a day will be imposed until the violation's abated; The respondent -- three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to bring -- to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, do you have any problem getting a license or getting rid of the vehicles? MR. ESTEVEZ: No. August 22,2024 Page 30 CHAIRMAN KAUFMAN: You have 30 days. No problem? MR. ESTEVEZ: All right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thank you. Good luck. MR. ESTEVEZ: Thank you. CHAIRMAN KAUFMAN: You've got a lot of hard work in front of you. MR. LETOURNEAU: Helen, before we get started, I'd like to ask the Board something real quick. And I want to go back to the Lowe's case. CHAIRMAN KAUFMAN: Sure. MR. LETOURNEAU: Their attorney just informed me that the operational costs that were due, the 50-whatever dollars, they had been paid during the hearing, I believe, is what he said. He got a text during -- just now. So I don't know if that's relevant to what you guys want to do here. August 22,2024 Page 31 CHAIRMAN KAUFMAN: We'd have to reduce the -- I don't know if we have -- the total of 24,819, or whatever it was, needs to be reduced by that amount that the -- that Lowe's has already paid. MR. NOELL: The order -- the order would remain the same because the Board made -- issued an order and then closed out that hearing. CHAIRMAN KAUFMAN: Right. MR. NOELL: As far as -- if that amount, the 59.70, already being paid, that would more be on just the clerical side where -- when they would go to make payment, that would be recognized as already being paid. CHAIRMAN KAUFMAN: That was the first payment of the 24,000, blah, blah, blah? MR. NOELL: Correct. CHAIRMAN KAUFMAN: Okay. Good. Okay. BOARD MEMBER AYASUN: It's a timing issue. CHAIRMAN KAUFMAN: So we're set, Jeff? MR. LETOURNEAU: I was set before it happened, but I think the attorney wanted to maybe -- BOARD MEMBER CURLEY: It doesn't change my vote. CHAIRMAN KAUFMAN: No. BOARD MEMBER RUBENSTEIN: Let's hear him. MR. NOELL: If you do want to hear from the attorney, then the Board would need to make a motion for a rehearing just to consider the additional testimony. If the Board wants to, that's at the Board's discretion. CHAIRMAN KAUFMAN: Well, based on what Jeff has said, I don't think we need to reopen the case. MR. NOELL: Okay. CHAIRMAN KAUFMAN: Okay. Are you happy? (No response.) August 22,2024 Page 32 CHAIRMAN KAUFMAN: As happy as you can be. Okay. Thank you. Which brings us, Helen, to? MS. BUCHILLON: Next stipulation, No. 4, CESD20230007312, Daniel Edward Osborne. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COLLIER: I do. CHAIRMAN KAUFMAN: Good morning, Adam. Do you want to read this into the record for us? MR. COLLIER: Good morning. CHAIRMAN KAUFMAN: Before you start, let the record show the respondent is not present. Okay. Helen, do you want to read the notification? MS. BUCHILLON: Respondents were notified regular and certified mail July 26th, 2024, and it was also serviced on July 29, 2024. CHAIRMAN KAUFMAN: Okay. Thank you. Adam. MR. COLLIER: Thank you. For the record, Adam Collier, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion or occupancy for the unpermitted construction with work including, but not limited to, a lanai remodel that relocated utilities for the washer August 22,2024 Page 33 and dryer and a carport extension, within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; The respondent must notify the -- must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And this was actually signed a while ago? MR. COLLIER: Yes. This was signed on the 7th of -- CHAIRMAN KAUFMAN: Seventh of August. MR. COLLIER: Yeah, by Mr. Osborne at his house. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. August 22,2024 Page 34 MR. COLLIER: Thank you. CHAIRMAN KAUFMAN: Thanks, Adam. Helen? BOARD MEMBER FUENTES: Do you want to call them up? CHAIRMAN KAUFMAN: Do you know what case they're referring to, Helen? BOARD MEMBER FUENTES: We're going to find out. MS. BUCHILLON: No, I don't. I thought it was the first ones that we did, but no. CHAIRMAN KAUFMAN: Is the baby going to testify? BOARD MEMBER FUENTES: Let's get you guys out of here. MS. BUCHILLON: It's this actually was coming up now. BOARD MEMBER FUENTES: So, like, we were trying to do something nice, and you ruined that, basically? MS. BUCHILLON: Sorry. Next case, No. 8, CEROW20230005401, Mario Ignacio Santos Molina, and also No. 9, CEVR20230003385. CHAIRMAN KAUFMAN: Okay. You're Mario? MR. SANTOS: Yes. CHAIRMAN KAUFMAN: Could you state your full name on the microphone for us. MR. SANTOS: Mario Ignacio Santos Molina. 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? MS. PATTERSON: Yes. MR. SANTOS: I do. CHAIRMAN KAUFMAN: We'll do this like we did the last time, each case in order. MS. PATTERSON: Okay. August 22,2024 Page 35 CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us, Sherry? MS. PATTERSON: Yes, I do. Therefore, it is agreed between the parties that the -- I'm sorry. Let me start over again. 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; Two, abate all violations by obtaining all required Collier County right-of-way permits, inspections and certificate of completion, or restore the right-of-way to its originally permitted condition within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondents must notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator perform the site inspection to confirm compliance; Number 4, if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Mr. Molina, can you make those dates? That's six months/180 days. No problem? MR. SANTOS: I hope. If everything goes well with the state. CHAIRMAN KAUFMAN: Okay. MR. SANTOS: If we get the exception letter. BOARD MEMBER FUENTES: I have to say, that is a very cute baby. Bless that baby. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER AYASUN: Second. August 22,2024 Page 36 BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: He voted, too. Yes, he did. She. She voted. Okay. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. BOARD MEMBER FUENTES: Sorry, his eyesight not that good no more. CHAIRMAN KAUFMAN: You're right about that. Okay. The next one? MS. PATTERSON: The next one is going to be this one here. Okay. 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 -- oh, thank you -- within 30 days -- sorry -- within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County approved mitigation plans, building vegetation removal permits, inspections, and certificates of completion/occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to its originally permitted condition within 180 days of this hearing, or a fine of $100 per day will be imposed until August 22,2024 Page 37 the violation is abated; Respondents must notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Mr. Santos, you understand all that? You can -- MR. SANTOS: Most. CHAIRMAN KAUFMAN: This is another one for six months. MR. SANTOS: Yeah. CHAIRMAN KAUFMAN: Okay? MR. SANTOS: I think I have. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion -- BOARD MEMBER FUENTES: Make a motion to accept stipulation. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) August 22,2024 Page 38 CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you, sir. MR. SANTOS: Thank you very much. MS. PATTERSON: Thank you. MS. BUCHILLON: And last stipulation, No. 10, CESD20210013130, Fairway Preserve at Old Cypress A Condominium. 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: Let the record reflect -- are you the respondent? MR. MIGAL: No, no, David, that's later. CHAIRMAN KAUFMAN: Okay. Let the record reflect respondent is not present. Notification, Helen? MS. BUCHILLON: Sure. For the record, respondents were notified regular and certified mail August 7th, 2024. It was also posted at the property and courthouse August 7, 2024. CHAIRMAN KAUFMAN: Okay. Rick, you want to read this into the record for us? MR. MIGAL: For the record, Rick Migal, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion/occupancy for the unpermitted carports and electrical work on the carports within 180 days of this hearing, or a August 22,2024 Page 39 fine of $250 per day will be imposed until the violation is abated; Number 3, respondents shall notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator performs a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER RUBENSTEIN: Do we have any discussion? CHAIRMAN KAUFMAN: Do you want to discuss this? BOARD MEMBER RUBENSTEIN: A little bit. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: This case is from May of '22. I mean, what else do we have to do? They're not even here to represent themselves, so why are we going to keep kicking the can down the road? I just don't understand. CHAIRMAN KAUFMAN: Well, the stipulation was signed on the 16th, correct? MR. MIGAL: Yeah. August 22,2024 Page 40 CHAIRMAN KAUFMAN: And they gave you an indication that this is going to be resolved in the -- hundred and -- six months is a long time. MR. MIGAL: Well, they've gone through several contractors, unfortunately, and they've just hired one that has presented -- they're probably 90 percent complete with what they need to present to the county for the permits, and then some -- five of the 17 carports have already had at least one inspection on them. So they've moved forward with this. So we really feel that this will -- they'll be done before this time frame. CHAIRMAN KAUFMAN: Okay. Does that answer your question? You're not happy, but it answers your question? BOARD MEMBER RUBENSTEIN: Exactly, yes. I just think two years and four months is too long for anything. They're in the homestretch. BOARD MEMBER CURLEY: The case opened 2021. BOARD MEMBER RUBENSTEIN: And they're not even here to plead their case. BOARD MEMBER CURLEY: Because they signed a stip so they -- BOARD MEMBER RUBENSTEIN: Yeah, I know. Duly noted. CHAIRMAN KAUFMAN: We have a motion. It was seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER FUENTES: Nay. August 22,2024 Page 41 CHAIRMAN KAUFMAN: We have two nays. Okay. It passes. BOARD MEMBER RUBENSTEIN: It passes? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER FUENTES: I just wanted to say "nay." No, it's just -- three years is a long time. You know, three years is a long time. I agree with Lee on this one. It's been a long time. But, you know -- CHAIRMAN KAUFMAN: Helen? MS. BUCHILLON: Do you want to keep going, or does Terri need a break? CHAIRMAN KAUFMAN: Excuse me? MS. BUCHILLON: Do you want to keep going, or does Terri need a break? Terri, I thought you get your -- BOARD MEMBER FUENTES: She had a great workout this morning. She's good to go for another six hours. MS. BUCHILLON: We're still under public hearings. Next case, No. 5, CESD20230007938, Yordis Gutierrez and Zulema Sol Garcia. CHAIRMAN KAUFMAN: Terri, give me the international sign what you're ready. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COOPER: I do. MR. BOONE: Yes. MS. SOL: Yes, I do. BOARD MEMBER AYASUN: Names. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. August 22,2024 Page 42 MR. BOONE: Yes. My name is Jeremy Boone. I'm an environmental consultant helping Ms. Zulema. MS. SOL: Zulema Sol. CHAIRMAN KAUFMAN: You can bring that down. Now I could even speak there. My height. MS. SOL: Good morning. My name is Zulema Sol. CHAIRMAN KAUFMAN: Okay. Craig. MR. COOPER: For the record, Investigator Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Your case. MR. COOPER: This case is in reference to Case No. CESD20230007938 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i). Structures include two sheds, shade structure, electrical box, electrical light post, animal pens, animal coops, and a tiki hut all in the rear of the home erected prior to obtaining the proper Collier County permits, located at 2021 Everglades Boulevard North, Naples, Florida, 34120. Folio 40303640004. Personal service was given on September 18th, 2023. Notice of violation was signed by the owner, Mr. Yordis Gutierrez. This case was initiated by the Collier County Sheriff's Office regarding a property that had multiple structures constructed prior to obtaining the proper permits. The unpermitted structures in question are a shade canopy, animal pens/coops, and electrical box, an electrical light pole, and a tiki hut. Investigator John Delia was assigned to the case and conducted the initial inspection along with deputies from the Sheriff's Office. They made contact with three individuals on site who advised they were not authorized to give them access to the property. Investigator August 22,2024 Page 43 Delia and the Sheriff's deputies conducted a follow-up inspection on September 13th, 2023. They met with the property owner, Yordis Gutierrez. The owner granted access, and photos were taken -- taken to document the site conditions and unpermitted improvements. The current owner purchased the property in November of 2011. The aerial maps presented will show the appearance of the property in 2012 and 2013 when the owner purchased it. Aerial maps from 2019 and 2024 show the changes on the property. A permit application, Permit PRAC20240101787 was submitted for a detached gazebo on January 16th, 2024, and rejected on February 13th, 2024. No additional corrections have been submitted, and no other permits have been applied for. As of the last inspection conducted on August 21st, 2024, Supervisor Cristina Perez and I met with both property owners, Yordis Gutierrez and Zulema Garcia, as well as their consultant assisting with some of the permitting processes, Jeremy Boone. We reviewed the items noted on the notice of violation and the permits currently in review. After discussing the hearing proceedings, owners escorted us around the property to show that progress has been made. The sheds and one of the chicken coops have been removed. As of today, no permits have been issued, but the carport permit was submitted and rejected by an environmental reviewer. It was confirmed to have been constructed without a -- within a wetlands area. This will need to be addressed by the Florida Department of Environmental Protection prior to the county issuing the permit. The owner is also working on the electrical circuit box. That permit should be submitted shortly, and a minor change is needed to the front page design, according to Mr. Boone. The owner believes the chickee hut constructed by the tribal August 22,2024 Page 44 member was permitted, but no permit was found in the 2012 or anytime after for the chickee hut. Supervisor Perez spoke with permitting staff yesterday afternoon, who confirmed a permit would have been required at that time. Additional items observed remaining without permits compliance are the chickee hut, animal enclosures. I would now like to present case evidence in the following exhibits: Eight photos taken September 13th of 2023 by then Investigator John Delia. These photos are stored on a shared drive to which I have access to. Three photos taken on August 21st, 2024, by myself; aerial photos from 2010, 2011 prior to the owner purchasing the property; 2011, 2013, 2019, and 2024 during the current owner occupancy; the building official permit determination; the permit history documentation; and the correction letter for permit application submitted for carport/gazebo. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those photos being used by the county? MR. BOONE: Yes, no objection. MS. SOL: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Before we see those photos, I had a quick question, Craig. You said that initially they were noncompliant for allowing entry. You returned a second time -- MR. COOPER: That wasn't me. That was Investigator Delia. And they weren't -- it wasn't the property owners. They were guests of the property that didn't allow them on. BOARD MEMBER FUENTES: Okay. MR. COOPER: But there's been no problem getting on the August 22,2024 Page 45 property. BOARD MEMBER FUENTES: Understood. Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the photos. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. COOPER: All right. Here's a picture of a shade structure. CHAIRMAN KAUFMAN: Let me stop you one second. After all that you read, the two outstanding things that we're concerned with are the chickee hut and -- MR. COOPER: The electrical box. CHAIRMAN KAUFMAN: And the carport -- the electrical box. That's part of the carport. MR. COOPER: And the animal pens. CHAIRMAN KAUFMAN: Okay. I just wanted to know what to focus on when you show us the photos. MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Thank you. August 22,2024 Page 46 MR. COOPER: There's a shade canopy. Here is one of the animal pens. Another animal pen. These are the chicken coops, but these have since been removed. Also the shade structure -- carport, I'm sorry. The electrical box panel. And then back to the center, there's a light post, there's the tiki hut. On the top, there's an aerial photo from 2010. Underneath that is from 2011. Then we've got 2012, 2013, and we have 2019, then the most current right here of 2024. CHAIRMAN KAUFMAN: Is that it for the pictures? MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Okay. Your turn. MR. BOONE: Yes. So a lot of the -- the chicken coop, the -- some of the pens have been removed, some of the shed structures have also been removed as of this point. We had a meeting yesterday, and they were able to confirm a lot of that. There is one structure that it's like a little canopy, just a loose -- like a party tent, which I think might have -- might be a topic that we can discuss. That's technically really not an issue because it's just a little portable tent, if you will. And then the items that are permanent is the chickee hut and the carport of -- you know, in addition to the electrical, of which they hired ASSA Designs. I have copies of the plans. And I asked -- I went there personally saying, "What's the status of this? It's been a while." And I got copies of it. They're making some minor final corrections. They've assured me and promised me that by this week they'll have all the questions addressed and submitted, so we're hoping that that will happen fairly quickly on the electrical piece on the chickee hut and on the carport. However, after I went and I made an assessment, I suspect that there is a little corner of the carport that just clipped the wetland, the edge of a wetland, and August 22,2024 Page 47 decided we have to go through FDEP, go through the compliance department, compliance assistance program. I reached out to the managing -- the enforcement supervisor of DEP. They have assigned a compliance person, Alexandra Martinez, at the state government to do an inspection on the site. I called them this morning -- I couldn't get ahold of them -- to see when are they going to go out there. I'm trying to press them a little bit on movement. And to this moment, I've been unsuccessful on getting an exact date yet. But I know that the DEP enforcement process can take a little bit, and that's one of the correction items on the carport. So a lot of these other items that are in the uplands, I think, could and should be resolved fairly quickly, but this one that just barely nicked the wetland, I think, is just going to take us a little -- FDEP a little bit of time to go through their process -- BOARD MEMBER FUENTES: Absolutely. MR. BOONE: -- to get all that satisfied. CHAIRMAN KAUFMAN: Okay. So in your best guess, to get everything resolved and permitted will take as much as how much time? MR. BOONE: When dealing with FDEP, especially through compliance, I feel like eight months is optimistic. I think that's probably beyond the limits of what the Board is used to granting. I think six months might be the most. Not to speak for FDEP, but just in experience, they just take a little bit of time to go out there, draft a consent order, assess all the fees, you know, go into an agreement. So with FDEP, it might take upwards of eight months unless -- I can try and pressure them a little bit -- BOARD MEMBER FUENTES: You're going to be there for the whole process? You're going to be there for the whole process? MR. BOONE: Yes, I will. August 22,2024 Page 48 BOARD MEMBER FUENTES: It seems like you know what you're doing. CHAIRMAN KAUFMAN: Okay. So from the Board, do we -- get a motion whether a violation exists. BOARD MEMBER FUENTES: I make a motion that a violation does exist. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Craig, do you have a suggestion for us? MR. COOPER: Yeah. I believe -- well, since DEP, it does take a long time, you know, when you're dealing with DEP for permitting, I would say six months. MR. LETOURNEAU: Yeah, just put the recommendation up, Craig. MR. COOPER: Oh, I'm sorry. I apologize. MR. LETOURNEAU: That's okay. MR. COOPER: I'm getting ahead of myself. BOARD MEMBER CURLEY: I have a technical question about the carport. Is it gravel, or is it a concrete pad? MR. BOONE: Concrete pad. It would have been much nicer. And I said, "Oh, we're kind of a little overcommitted," so we're going August 22,2024 Page 49 to have to deal with that, yes. CHAIRMAN KAUFMAN: Either I need glasses or someone's going to have to read that to me. MS. BUCHILLON: Make it bigger. MR. COOPER: What am I doing here? BOARD MEMBER AYASUN: That's pretty big right now. CHAIRMAN KAUFMAN: It comes down to how much time and then how much money per day. MR. COOPER: Is that good enough? Can you read that, sir? CHAIRMAN KAUFMAN: No. I have the worst seat. I'm in the middle. I can't see either screen. MR. LETOURNEAU: Yeah. Just read it in, Craig. CHAIRMAN KAUFMAN: That way Terri will have it. MR. COOPER: All right. Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion or occupancy for the unpermitted improvements including shade structures, electrical box, electrical light pole, animal pens, animal coops, and a tiki hut all in the rear of the home within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Shut off all unpermitted electrical power source to unpermitted structures/improvements, and it is to remain off until such electrical work is addressed with a valid building or demolition permit and related inspection within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Three, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a August 22,2024 Page 50 final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. BOARD MEMBER FUENTES: I'm open to make a motion. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? John, your motion. BOARD MEMBER FUENTES: Yes. I'd like to make a motion. And this would be applying to number one in the order. He would need to shut off all electrical power -- actually, let me take that back. The No. 2 part of this motion, we're going to go ahead and say that that needs to be done. They need to shut off the power. Anything that's unpermitted, any structure that has electricity going to it, my motion is that we get that done within the next 15 days, or a fine of $250 will be applied. As for No. 1, obtaining all the permits, we are very familiar with the DEP. I will make a motion that for this we go ahead and grant them a total of 240 days. That's going to be close to that eight-month period that you're looking for. If not, a fine of $250 per day will be imposed. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. BOARD MEMBER FUENTES: Once -- the operational costs? MS. BUCHILLON: 59.28, 30 days. BOARD MEMBER FUENTES: Yeah. I can't see it. And today's operational costs do need to get paid within 30 days for 59.28. MS. BUCHILLON: Yes. BOARD MEMBER FUENTES: Today. Okay. August 22,2024 Page 51 BOARD MEMBER AYASUN: We have a motion. We have a second. CHAIRMAN KAUFMAN: Okay. That's the motion. That's the second. BOARD MEMBER FUENTES: No, he told me -- it's 30 days. My motion is for 30 days, and he said he'll do it today. CHAIRMAN KAUFMAN: Okay. But it will be in the motion for 30 days. You have up to 30 days to pay that. Do you feel confident you can get this done in that time frame? MR. BOONE: I will put the pressure on DEP. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: And if they don't, come back before it expires. CHAIRMAN KAUFMAN: All right. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You might want to help Lowe's out, too, while you're -- MR. BOONE: I might just have to. Thank you. MS. SOL: Thank you. CHAIRMAN KAUFMAN: Terri, do you want a break? THE COURT REPORTER: Not yet. CHAIRMAN KAUFMAN: Not yet, okay. MS. BUCHILLON: Next case? August 22,2024 Page 52 CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 7, CESD20240002792, Louisette Beauplan. Number 7. BOARD MEMBER FUENTES: Bradley Holmes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. BEAUPLAN: I do. MR. MUSSE: I do. CHAIRMAN KAUFMAN: Is anybody else going to testify? MS. BEAUPLAN: Yes, my husband. CHAIRMAN KAUFMAN: He needs to be sworn. 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. BEAUPLAN: Yes. CHAIRMAN KAUFMAN: Okay. Could you both state your name on the microphone for us, please. MS. BEAUPLAN: Louisette Beauplan. MR. BEAUPLAN: Jean Claude Beauplan. CHAIRMAN KAUFMAN: Okay. Bradley, your case. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CESD20240002792 dealing with violations of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) addressing the unpermitted conversion of a single-family three-bedroom, one-den, three-bathroom dwelling into a four-unit multifamily home, including the installation of an air-conditioning unit without a permit, located at 1480 39th Street August 22,2024 Page 53 Southwest, Naples, Florida, 34117. Folio No. 37995840005. Service was given on March 25th, 2024, with the NOV posted at the property and courthouse. In addition, the NOV was mailed regular and certified mail to the respondent. This case originated as a complaint for extensive property maintenance issues within the dwelling addressed under Code Case No. CEPM20240001286. During the inspection, it was observed that the dwelling had been modified from its original approved design. During the inspection, the aforementioned -- for the aforementioned code case, Investigator Musse observed extensive alterations made to the dwelling, converting it into a four-unit multi-family home. The deputy chief building official confirmed the violation, ordering permits for the work completed or demolition permits to revert the property back to its original design. I've made personal contact with the property owner's husband, Jean Claude Beauplan. He demonstrated an understanding of the violations but did not indicate intention to address the stated violations. Of my prehearing inspection on August 21st, 2024, no permits have been applied for. Dwelling appears to continue to be occupied by tenants. So I'm going to read off the evidence. I'm going to have Investigator Musse, who took the photos and ran through most of the determination process, present that portion just because he understands it better than I do. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: We'll be presenting the completed permit determination, the evidence packet from the determination, the original approved floor plan, Redfin.com website ad for the property, including an updated version of it as well, photos of each of the four August 22,2024 Page 54 kitchens, one obtained by Investigator Musse on February 7th, 2024, and three obtained from Redfin.com, and then a photo of the main living space from Redfin.com. CHAIRMAN KAUFMAN: Okay. Do you want Jonathan to explain everything now? MR. HOLMES: Sure. I don't know if you need to check with them. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. HOLMES: We met in the hall, and I demonstrated what I could before the conversation ended. CHAIRMAN KAUFMAN: Okay. Do you have any objection to him using the photos? MS. BEAUPLAN: The reason I did is because the property is a very unique property. To understand the property, you need to be in the property. The pictures doesn't do any -- doesn't really help much because it's a special, unique property, and it's very hard to understand it. CHAIRMAN KAUFMAN: The only time we would accept an objection is if the pictures that they took are not of your property. If those are the pictures that they took of your property, we're going to wind up accepting them. So we're asking you -- you saw the pictures. Are they your property? MS. BEAUPLAN: Yes, it is my property. CHAIRMAN KAUFMAN: Okay. You may want to pull the microphone down a little. Okay, great. So can we get a motion to accept the photos? BOARD MEMBER RUBENSTEIN: Motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? August 22,2024 Page 55 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Jonathan. MR. MUSSE: All right. Bear with me. Let me just open up a couple of documents side by side. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: So it's a lot of information to take, so if you get confused, please feel free to stop me and let me know. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: So right here is the original Redfin application -- or posting. If you can see right here, it already says it's 11 bedrooms -- or 11 bedrooms, six bathrooms, three A/C units, two water heaters, two electrical meters, two septic tanks, and a solar system. CHAIRMAN KAUFMAN: Let me stop you one second. So it's zoned for multifamily units? MR. MUSSE: It is not. BOARD MEMBER FUENTES: No. A single-family home has been converted for multi. That's the problem. CHAIRMAN KAUFMAN: No. I thought what you said in the beginning, this thing was originally three bedrooms -- MR. MUSSE: No. This is just the ad that they posted -- CHAIRMAN KAUFMAN: Okay. MR. MUSSE: -- on Redfin. This is what -- basically what it's August 22,2024 Page 56 looking like today. CHAIRMAN KAUFMAN: Oh, okay. BOARD MEMBER RUBENSTEIN: Is it possible to zoom those photos? MR. MUSSE: How do you zoom this thing in? BOARD MEMBER FUENTES: Jonathan, just to get some confirmation, this would be the ad that they wrote to sell the property, correct? MR. MUSSE: Either them or their real estate -- BOARD MEMBER FUENTES: Okay. But this would be during their time of ownership? MR. MUSSE: Correct. BOARD MEMBER FUENTES: Okay. MR. MUSSE: Can we zoom? CHAIRMAN KAUFMAN: Merriam's going to help you. BOARD MEMBER FUENTES: Alt, control, and move the mouse up. MR. MUSSE: Is that good enough? Can you read it, or do you want it bigger? BOARD MEMBER FUENTES: Yeah. We're good there. Do you want me to read it to you? CHAIRMAN KAUFMAN: No. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: I understand what they -- MR. LETOURNEAU: John, what date was this pulled off the Internet, approximately? MR. MUSSE: I do not have that information. This is -- BOARD MEMBER CURLEY: In the small print it does say "actively for sale." "For sale/active." MR. MUSSE: So Brad does have an updated screenshot of this that I could show you. August 22,2024 Page 57 MR. HOLMES: I'll do some clarification here. So in the screenshot here, I'm going to circle around it. Redfin demonstrates, like, hey, are you thinking of buying your home around this -- these dates. So my updated version -- BOARD MEMBER FUENTES: So this is zoned for single-family home. It says it right there in the listing. CHAIRMAN KAUFMAN: It also says on the paperwork that we have -- let me just make this clear. It says this was a three-bedroom, one-den, with-three-bathrooms dwelling, and it was converted into four units, multifamily. BOARD MEMBER CURLEY: That's true. MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Yeah. But once you hit multifamily, I think it's after four, you need to convert it into a -- it's supposed to be a commercial-zoned property. MR. MUSSE: They -- well, not to jump ahead, but they were in the process of getting zoning verification to convert it to a multi -- or commercial-use property because eventually, from what I've been told, they want to put a church there, convert it to a church. All right. So right here, this is the original permit back in 1987 for the single-family dwelling, and here's the original plans. Sometimes the plans kind of rotate, but I'll always tell you where the front of the dwelling is. So here's the front of the dwelling right here. Here's one bedroom, two bedrooms, and three bedrooms, and apparently back in 1987, there was a pool. CHAIRMAN KAUFMAN: The pool is now gone? MR. MUSSE: The pool is gone, yes. So back in 1998, they applied for a permit for a media room and a workshop. That was permitted, CO'ed. They were good. August 22,2024 Page 58 BOARD MEMBER CURLEY: The former owners? MR. MUSSE: Correct. And then in 2017, they converted that media room into a game room. Again, permitted. And they were the ones that applied for the permit and converted it, the media room, into a game room. CHAIRMAN KAUFMAN: What's the difference between a media room and a game room? MR. MUSSE: I'm still trying to figure that out. But I think with game rooms -- I think with game rooms you could add plumbing, toilets, a wet bar. CHAIRMAN KAUFMAN: So, in essence, they added a bathroom to the room; is that it? MR. MUSSE: Correct. I'm going to show you the plans. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: So here was the existing plans for the media room that was there before the game room. So the media room didn't have any plumbing, as you can see. CHAIRMAN KAUFMAN: Four walls. MR. MUSSE: Correct. CHAIRMAN KAUFMAN: And space, okay. MR. MUSSE: When I conducted a site inspection and the residents let me in, this is what I saw. This is what they converted the media room into, or the game room; a bathroom right here and two rooms and the kitchen. Here is photos that I took. Here's -- CHAIRMAN KAUFMAN: Are the two rooms that were there, those were -- are they rented out now; is that the deal? MR. MUSSE: When I did this inspection back in March, there was, obviously, occupants there. I don't know if they're still residents there, as far as you know. MR. HOLMES: In my conversation this morning with the August 22,2024 Page 59 property owner, she indicated that there is occupancy within the home. The extent of the occupancy was not disclosed. CHAIRMAN KAUFMAN: Okay. We'll ask. BOARD MEMBER RUBENSTEIN: Question. Is the property still zoned single-family? BOARD MEMBER FUENTES: Yes, it is. BOARD MEMBER RUBENSTEIN: Hmm? BOARD MEMBER FUENTES: It is. BOARD MEMBER RUBENSTEIN: Okay. MR. MUSSE: Here is a photo from Redfin just depicting a better photo of the kitchen. Here's the bathroom, first bedroom, living room area, and second bedroom. BOARD MEMBER CURLEY: No windows in either of the bedrooms? MR. MUSSE: There's a window right here. BOARD MEMBER CURLEY: Oh, okay. Sorry. BOARD MEMBER AYASUN: Lighting. MR. MUSSE: And that bedroom, no. And this is a permit for a new addition. They did apply for a permit for the new addition. They got CO'ed; inspected and finalized. CHAIRMAN KAUFMAN: The new addition was what? MR. MUSSE: So the new addition -- okay. Right here is the front of the house. CHAIRMAN KAUFMAN: Right. MR. MUSSE: Right here is the game room/media room. CHAIRMAN KAUFMAN: Right. MR. MUSSE: And here is the permitted addition. It was a two-bedroom addition with a wet bar and two bathrooms, okay. The only thing they did to this unit was add a third room right here. August 22,2024 Page 60 BOARD MEMBER FUENTES: Which was not permitted? MR. MUSSE: Which was not included in the plans; it's not permitted, correct. BOARD MEMBER FUENTES: Just to be clear, in the prior blueprint you showed us, a game room should not have had two different bedrooms. MR. MUSSE: Correct. So the game room right here should have just been four walls. Yeah, according to this plan, four walls. BOARD MEMBER FUENTES: What we have so far is we've got the game room that was permitted, CO'ed, but then they made alterations to the game room that were not permitted nor allowed. Now we have a new addition that got CO'ed but then they added a third bedroom, which was not permitted or allowed. CHAIRMAN KAUFMAN: We understand. MR. MUSSE: All right. And here is that third bedroom that was added. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: No windows also, Jon? BOARD MEMBER FUENTES: Some of the rooms don't have windows. BOARD MEMBER RUBENSTEIN: Where are the entries for these four units? Do they all come back through the original front door? MR. MUSSE: So no. Here is the front door right here. This entry is right here in the back. Now, the apartment that I showed you before, the game room, right here -- I guess it's better to look at it over here. So here's the game room right here. There's another separate driveway in the back, and there's a walkway right here where they have access to this unit right here, okay. CHAIRMAN KAUFMAN: Yep. MR. MUSSE: And then this unit has access right here. August 22,2024 Page 61 Now, there's a third unit -- when I met with the resident in this unit, she did not feel comfortable with me taking photos, okay, but I was able to determine -- I was able to walk right in here, and she stopped me right here and felt a little uneasy, but you could see that it ran right here. Here's the front of the dwelling, the rear, and this is the side. BOARD MEMBER FUENTES: Would that be the tenant or the homeowner? MR. MUSSE: Tenant. BOARD MEMBER FUENTES: Tenant was uneasy, okay. MR. MUSSE: Yeah. And right here -- well, just to clarify, this right here was part of the original construction of the home. CHAIRMAN KAUFMAN: So that has -- that was permitted at one time? MR. MUSSE: Permitted at one time. Can't determine what alterations were made to separate the two units, if they closed up a doorway or not. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: But for sure, this is a separate unit. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: And the -- BOARD MEMBER CURLEY: Separate entrance. MR. MUSSE: Yes, separate entrance. So here's the front, the back, there's also a little walkway right here, and there's a door right here. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Or somewhere. Right here. No, somewhere along this side right here. And that's the main unit that has two bedrooms or, I'm sorry, the master bedroom, a restroom. There's a dining room. So I don't August 22,2024 Page 62 know exactly what they converted. Yeah. There were -- according to St. Jean, there was no one occupying this unit. I've never seen anyone occupy the main dwelling unit, so -- but I was never able to confirm exactly what it looked like or if there was alterations. To my knowledge, it looks just like this. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Yes, Lee. BOARD MEMBER RUBENSTEIN: Have you ever lived in this home? MR. BEAUPLAN: No. BOARD MEMBER RUBENSTEIN: It's always been a rental? MR. BEAUPLAN: What happened is, in 2016, we bought this property. CHAIRMAN KAUFMAN: Hold on one second. Lee, I want the county to finish their case before we go to the respondents. BOARD MEMBER RUBENSTEIN: Okay. MR. MUSSE: Okay. And this right here is just showing that A/C unit that they installed. It looked like was it dated for October 11th, 2023. CHAIRMAN KAUFMAN: By JA. MR. MUSSE: And I did want to show you -- this is the Redfin ad that I first saw, and it has photos. Here's the dwelling. Right here, if you could take a look at the windows right here, that's the third unit that I didn't -- she didn't feel comfortable with me looking inside. So keep in mind of those windows right there. I imagine, judging from the plans, this is the main kitchen for the dwelling for the main house. I'm not sure where this is, a bedroom. I'd imagine this is possibly either from the third unit or the fourth unit. One of the bathrooms. Again, I don't -- I didn't see this August 22,2024 Page 63 one. A kitchen. I believe this is for the third unit that I didn't have access to. And right is a bedroom. As you can see, the little window that I explained earlier, they're right there. And I couldn't tell you which room this is. And here's the back. Here's the entrance to the main -- or to the permitted unit right here. The one unit they have access -- they can walk on this walkway back here, have access back there. For the third unit, right here. And this is in the third unit. Third unit. Oh, I'm sorry. It's one of the units I was able to get into. This as well. This is the bathroom that I saw. And that's all I've got. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Any questions? CHAIRMAN KAUFMAN: Is this property homesteaded? MR. MUSSE: No. CHAIRMAN KAUFMAN: Okay. Bradley, is that your case, before we move on? MR. HOLMES: Yes. I don't have anything further to share at this time. CHAIRMAN KAUFMAN: Okay. Okay, ma'am, your turn. Tell us everything we need to know. MR. BEAUPLAN: Yes, let me start. MS. BEAUPLAN: Okay. MR. BEAUPLAN: Back in 2016, we bought this house in foreclosure. And I realize -- we realized that the house was owned by a general contractor who built it himself, for whatever reason he was doing it. When we bought it, the agent that was with us called me said, "JC, I found a church. Can you come and -- you know, come to look at it," because this was big space, empty space in there with four bedrooms, three bath, and a den, three-car garage, two electric August 22,2024 Page 64 meters, and it's -- which was huge. It's about 7,000 square feet. Big home. It is unique to its uniqueness. When you're looking at the property, we said, "Oh, maybe we can do something with it." The plan is, when we bought it, we can convert it, in the future, to a church, because that was my original thought when we -- when we met the Realtor. So now, it is an investment property. We have to generate some income to make sure we can maintain it because it demand a lot of money to maintain it. And I thought we did a great thing in Collier County and pull some -- you know, a property that was in distress and put somebody in. And the way we did it, we apply for permit for addition, and then everything was done according to code when we apply in 2017. But later on, we have a family that was up front -- in the front of the house. They had a son, a grown son. He said, why don't you use that big place, empty place we have in the back AC -- AC, air conditioner, everything -- the electrical bill went about 1200 to 1600 in this place. The maintenance is very high with high mortgage and everything. I said, I cannot leave all this empty space inside the property, and I know for the fact, one to four you need still -- it's still not commercial. So -- and then I close the game room properly, because I had a contractor. I cannot get ahold of him now, but everything was done properly with the two bedroom and one bath that I add, and the son of the lady live there. And then told me that's what I knew that we do as extra thing. So I know if the county, you know, want us to do something, they want to get this thing permitted again, we will be glad to work with them. August 22,2024 Page 65 But one thing I know, we missed the first step. When I talked to you, you told me we need to sit down at the county for a meeting. We went to the county two times. I never find anybody to talk to. It's like everybody confused. We talk about this property in the meeting, but no one really for me to talk to. We already found an engineer to make sure we comply with -- because there were some other cases where they turn it with some cars, had some cars with no license -- no plate. We taking care of those, some trash. We taking care of those, whatever it was. There was many cases, cases up in every morning on this property because we never lived there, and it's accessible to the county. That's the way -- and I would like to sell it to the county. They can park their car there and, you know, do their work. But we tried to comply, and we want to comply. It's like -- but now I cannot go ahead and destroy the property. The building been built in 1988. And then whatever we found there, like, the wet bars, they already there. The kitchen, everything, already connect. We just use it for the best of the ability that we can use the property. Because the people need place to live, and in Collier County, the working people, there is no place for them to live. And right now, I have them in there. They even cannot pay. Until now, we don't get paid. It's like we helping. But at the same time, it is a big issue, and we want to get it resolved. We need some time to figure out what we should do. I think maybe nine months to a year for that. We cannot kick them out. They have small kids going to school, all these things. And we understand and we want to stay in compliance. And I know there is -- if there is anything that's unsafe or safety issue, maybe they can point it to us, but I don't think there is any safety issue. So we need some time so we can figure out what to do, because the property is August 22,2024 Page 66 for sale right now. We want to sell it. We don't that much, you know -- BOARD MEMBER FUENTES: The problem is, you can't sell a property that currently has existing violations because you open yourself up to problems in the future. And there are a lot of safety issues. When you say there are no safety issues, you have to be aware that each room that doesn't have a window prevents somebody who's staying in that room from escaping in the event of a fire. You are locking them inside of a one-way room. So there are some safety concerns to the way you have built the structure which is unpermitted, which is in violation. Yes, you did pull some permits at one point, and it was a clever way to do it by putting a game room and then putting dividing walls, but you also put it in a way where, one, it is not permitted and, two, it's a safety issue. So that is a violation. You guys are currently hosting individuals, renting to them in an unsafe environment. CHAIRMAN KAUFMAN: How many separate families are in the house now? MR. BEAUPLAN: Four. CHAIRMAN KAUFMAN: Four? MR. BEAUPLAN: Yes. CHAIRMAN KAUFMAN: Okay. When you bought the property, it was empty. MR. BEAUPLAN: Empty. CHAIRMAN KAUFMAN: Empty. MR. BEAUPLAN: Empty. CHAIRMAN KAUFMAN: Okay. So to begin with, you bought the house, and you probably didn't understand at the time the zoning of that house. MR. BEAUPLAN: No, I did not. August 22,2024 Page 67 CHAIRMAN KAUFMAN: Okay. That's -- that started out on the wrong foot to begin with with your plans to, you know, expand the amount of families that are living in the house. And then, as John has mentioned, all of the additions, they're all in violation. Matter of fact, when you have a bedroom and you have a window, the window has to be big enough to get out of the window. You have no window at all to get out of. In my house, they needed a bigger window because I didn't fit -- MR. BEAUPLAN: Only one room where the game room is that doesn't have a window, and there is another one also where the addition is that doesn't have a window, which is like a den type of room. CHAIRMAN KAUFMAN: So what we have is -- we need to find out whether a violation exists, and if a violation exists, then we're going to ask the county for a recommendation. So anybody -- BOARD MEMBER ELROD: I'll make a motion a violation exists. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And we have a second. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Bradley, you have a recommendation for us? MR. HOLMES: I do, sir. August 22,2024 Page 68 CHAIRMAN KAUFMAN: Okay. MS. BEAUPLAN: Can I say one thing, please? CHAIRMAN KAUFMAN: Sure. MS. BEAUPLAN: All right. I'm sorry. I thought that was a quick thing, so I have to go to work. I didn't know. But I just want to say that none of the structure of the outside of the house was modified any shape or form, none of the outside. So it's originally, how we bought it, that's how it is. So everything that was done is inside the house. And I just want to say that we're all here to comply with anything that needs to be done, but I'm thinking about the kids that are in school right now -- because we did try to change it during the summertime when they were out of school. Unfortunately, you know, you can't find someone to work with you, you know, because it's not a big project, so there's, like, a time delay. And now school is open, I'm thinking about those kids, to interrupt the learning for them to have another place to stay. With depression and anxiety on the rise, I'm just thinking about the mental health. So I was talking to my husband, thinking, you know, maybe up to -- give them up to nine months for us to give them maybe a notice for us to do whatever we have to do to comply with county -- with the county, because my focus is really -- it's about the children that -- you know, yes, we need to fix this, but what about them? You know, the people that's in the house right now, they can't even afford it. I have to work seven days a week, 12 hours a day to maintain that property because they cannot afford to pay monthly, and it's very frustrating and stressful all the way around. And I would love to work with the county if I can have nine months to give them enough time to vacate the property so we can get in compliance. CHAIRMAN KAUFMAN: Okay. August 22,2024 Page 69 BOARD MEMBER RUBENSTEIN: I have a question to the respondent. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Okay. What year did you purchase the property? I missed that. MR. BEAUPLAN: 2016. BOARD MEMBER RUBENSTEIN: 2016. And when you had purchased it, did you ever have any intention to live in the home? MR. BEAUPLAN: No. BOARD MEMBER RUBENSTEIN: Okay. MR. BEAUPLAN: We bought as investment. BOARD MEMBER RUBENSTEIN: It was always going to be rental income. MR. BEAUPLAN: Rental, yes. MS. BEAUPLAN: We're going to convert it to a commercial, because where it's at, it's in a good location for a church or a nursery or something facility, so that was the original plan. Because I'm in the healthcare industry, and we're thinking ahead, you know, about commercial. So I think we did the process already where we have -- we started the process already to convert it into a commercial. CHAIRMAN KAUFMAN: What you need to do is to change the zoning. Am I correct, Jeff? MR. BEAUPLAN: We're working on that. BOARD MEMBER RUBENSTEIN: That was the question. MR. LETOURNEAU: It depends on what they want to do. But, yeah, I do believe Estates zoning would allow a church there. So I don't think they have to actually change -- I guess during the PUD process, the zoning would change, yes. MR. BEAUPLAN: We already have an intent letter from the county. We've been working on that. So it could be changed to August 22,2024 Page 70 commercial, church or nursery or some kind of nursing facility. So it's take some time. Even with the county, take some time. Anything you try to fill out to do with them, it take forever. So, therefore, I think we need some time so we can figure out -- MR. LETOURNEAU: I think it would be a conditional use. BOARD MEMBER AYASUN: Yeah. I think maybe you ought to wait till -- CHAIRMAN KAUFMAN: Get the recommendation. BOARD MEMBER AYASUN: -- get the recommendation so you know what is needed. Maybe then you can argue about the timing, nine months, 10 months. So let's hear this. CHAIRMAN KAUFMAN: Okay. Bradley. MR. HOLMES: Yes, sir. The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificates of completion/occupancy for the alterations made to convert the dwelling into a multifamily home within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Two, shut off all unpermitted electrical within blank days of this hearing, or a fine of blank dollars will be imposed until the violation is abated. Such electrical work is to remain off until properly addressed by a valid building permit or demolition permit and related inspections, or be subject to the stated -- the above-stated daily fine for each day it is active. For either, respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to August 22,2024 Page 71 abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Where are the electrical -- that portion of the house? In the new bedrooms? MR. HOLMES: Well, I would -- having not actually walked all 7,000-plus square feet, I don't know where the electrical was exactly modified. The addition of full kitchens into each of the units is probably the largest load-bearing electrical that I'd be concerned of. Any -- CHAIRMAN KAUFMAN: And how many kitchens? MR. HOLMES: There are four kitchens, each unit. CHAIRMAN KAUFMAN: That were added? MR. HOLMES: Three that were, essentially, added. I would say that the wet bar that was included in the permitted addition probably had some sort of electrical to it, maybe an outlet or something like that but not enough for a full kitchen. The other units have full kitchens, though. BOARD MEMBER RUBENSTEIN: I have a question for Jeff. CHAIRMAN KAUFMAN: Okay. What's your question? BOARD MEMBER RUBENSTEIN: For Jeff. If we approve his recommendation and shut down the electric, that means that the tenants have to leave, correct? MR. LETOURNEAU: Yes. BOARD MEMBER RUBENSTEIN: That the dwelling has no power. MR. LETOURNEAU: Yes. BOARD MEMBER RUBENSTEIN: No electric, no water? CHAIRMAN KAUFMAN: Well, if it was only in the kitchens, August 22,2024 Page 72 you could shut the kitchens down. I don't know if that covers that or not, but it becomes complicated. MR. HOLMES: Things will get more -- MR. LETOURNEAU: It is complicated. You've got to balance people possibly being out in the woods maybe or, you know, a possible fire starting in the unit due to the electric. BOARD MEMBER FUENTES: I've got a motion here, and I'm going to try to play as clean-cut as I can here. I'll read the motion. My motion is, for the first part, obtaining the permits -- we've got to get something moving here. You guys need to understand that there is a violation in place. So my first part to this motion would be that the operational costs of $59.28 do get paid within 30 days, okay; that you will be provided 45 days to pull some type of permit where you can present it to the Code Enforcement Board showing that you guys are making the effort to comply. If not, $300 per day will be imposed on the property. BOARD MEMBER RUBENSTEIN: How much? BOARD MEMBER FUENTES: Three hundred. The second part of the motion, shutting off the electrical that's unpermitted. I understand that you have people living there. We spoke about it. It's a safety issue, though, so we've got to take that into account. I propose that we accept this for another 45 days. That way they can do a reinspection. It gives time for everybody to get notice, and maybe we have something to work with here. If not, $300 per day will be imposed. CHAIRMAN KAUFMAN: Let me comment on your motion. BOARD MEMBER RUBENSTEIN: Can I second it first -- BOARD MEMBER FUENTES: Well, let me see what he -- August 22,2024 Page 73 BOARD MEMBER RUBENSTEIN: -- and then we can discuss it? CHAIRMAN KAUFMAN: I just -- it's a two-parter. One is the permits that were not pulled for the additions that were in it. You're saying 45 days or $300 a day; is that correct? BOARD MEMBER FUENTES: Correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: And they have the option to either pull a permit for the building alterations they did or a demolition permit, which would be rather quickly. That would be the fastest way to do it. CHAIRMAN KAUFMAN: Typically, when we say you have to come into compliance with the permits, that's to CO, to CO the permit, not just pull it. So that's one comment I have to make. On the electrical, we generally limit that time-wise because of the safety-and-health aspect of that. BOARD MEMBER FUENTES: We do. The only problem is we've got -- as Jeff said, it's -- we could be looking at folks living in the jungle. I mean, I don't know what to do here. You know, it's -- I'm trying to figure out a time frame where we can kind of get some type of compliance without kicking everybody out. MR. LETOURNEAU: I think maybe -- I'm just kind of throwing stuff out here -- asking an electrical inspector from the county to go in there within a certain amount of time to make sure that what's in there is not -- CHAIRMAN KAUFMAN: Safe. MR. LETOURNEAU: -- is not dangerous at this point. And then if it is, then it would have to be turned off immediately. If the electrical inspector says it looks okay at that point, then we just follow through with the normal permitting process. CHAIRMAN KAUFMAN: Okay. When you say electrical August 22,2024 Page 74 inspector, somebody from the county or -- MR. LETOURNEAU: Somebody from the -- well, I don't know. That's a -- they could maybe get their own -- CHAIRMAN KAUFMAN: Somebody that can certify it? MR. LETOURNEAU: -- electrician that could say -- CHAIRMAN KAUFMAN: It's safe. MR. LETOURNEAU: Yeah, do an affidavit or something like that. I don't know. You know, is that something that seems reasonable, Kevin? MR. NOELL: That would be reasonable, and maybe having it done within the next 30 days for them to come back. Maybe Part 2 of that, given the safety concern, is for them to have an affidavit provided by a licensed electrician certifying that there's no, you know, immediate life-safety issue or anything like that with the electrical and to put a 30-day -- bring that back at the next meeting. BOARD MEMBER FUENTES: I mean, I offered 45, so you want to reduce that to 30, then? The only problem is, if they can't get the inspector out there within the next 30 days, which might be a little rough -- MR. LETOURNEAU: It might be, yeah, but it's -- BOARD MEMBER FUENTES: I like the idea of 45. Now, if you want me to -- if you're telling me you think 30 would be better, Kevin, I will definitely take that. We'll change it to 30. MR. NOELL: I don't have -- me, personally, no advice to the Board other than doing it in a time frame where they come back to this board, because the Board will make the determination on -- that -- you know, that it is a health/life-safety, and the electricity's needs to be turned off. BOARD MEMBER FUENTES: My initial statement for this motion was they're going to need to come back and present us something, because we know they're not going to have it done within August 22,2024 Page 75 that time. So, realistically, that was my motion, for them to come back within 45 days and show that something has been pulled and effort for compliance is being made, and I think that's a great start because they have a lot of work ahead of them. Some of my board members feel that perhaps we need to extend it to four months. CHAIRMAN KAUFMAN: You mean for the initial permitting situation? BOARD MEMBER CURLEY: I have a comment, because -- just to back up to the 30 days is really only 23 working days. MR. NOELL: So, yeah, I mean, if the Board wanted to do -- BOARD MEMBER CURLEY: Saturday, Sunday. So this case has been in our hands for -- since March. It's already four months. So what's another four months? And you speak about the kids in school and stuff, at least that gets you through December to January 1. I'm trying to find some middle ground. I mean, of course, the enhancement of your suggestion of the electrician -- and I know that -- I understand the safety issues that are there, but we also have humans here, too. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER RUBENSTEIN: So, Mr. Chairman, I disagree totally. To go four months, that takes us to Christmas, and if we've got to shut this place down and remove families, bad time of the year. I personally can't see this being permitted into a church or a four-unit apartment complex. BOARD MEMBER CURLEY: Yeah, but you're not contractors. BOARD MEMBER RUBENSTEIN: Is it surrounded with single -- other single-family homes? MR. HOLMES: In that area, yes. BOARD MEMBER RUBENSTEIN: I can't see it happening. August 22,2024 Page 76 BOARD MEMBER FUENTES: Well, we've got one motion. BOARD MEMBER RUBENSTEIN: So I don't see the time is relative if the permit's never going to be issued. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I think the county would be comfortable with the 45-day time for an -- a private electrician to go in there, certified through the county. CHAIRMAN KAUFMAN: Well, let's separate it. The electrical -- MR. LETOURNEAU: Right. But I just -- I don't know about if the electrician -- well, that's up to them. If they can't -- if they can't get an electrician to sign off on it because it's faulty -- BOARD MEMBER FUENTES: Then we know what to do. MR. LETOURNEAU: -- then the fines start running at that point. CHAIRMAN KAUFMAN: Or if the electrician says everything is okay except this, and he can fix this so it's not a safety -- MR. LETOURNEAU: Or they turn it off or they, you know, take the fuse out at that point or something. BOARD MEMBER FUENTES: Go ahead and address it -- CHAIRMAN KAUFMAN: So that's the electrical portion -- BOARD MEMBER AYASUN: Second the motion. CHAIRMAN KAUFMAN: -- of this one. Okay. The second part. The first part -- BOARD MEMBER FUENTES: Keep in mind, the two are sharing the same amount of time frame, right? So for obtaining the permits, we want them back within 45 days. The reason I chose 45 is to give them the month, and they can schedule them within the month after that. That way they get their ducks in order. They can come back to us and present it. We can hear it and make a August 22,2024 Page 77 determination from there. I think 45 works, or we can go down to 30, or we take her route and maybe go into the four months. But there is a motion. We can rule on this one. And then if it fails, we'll let her do hers. CHAIRMAN KAUFMAN: Let me -- BOARD MEMBER AYASUN: May I suggest -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER AYASUN: I think we should do it in two parts. The first part is okay. I am worried about the second part. I think we ought to give them time to get this electrician in, and if the report is that it's okay, no danger, at least you don't move the people out. I think that should be a consideration. BOARD MEMBER CURLEY: I also have something. CHAIRMAN KAUFMAN: Let me just say the property is not zoned for what they want to do right now. MR. LETOURNEAU: Hold on. It is -- it is zoned for a church. It's just they need a conditional use. And I just heard from Cristina that they do have a zoning verification letter concerning going forward with that. Oh, it's in the I drive, yeah. So they do have a -- they've already went to the Zoning department and confirmed that they can get the church there, it doesn't need a rezoning. It just needs a conditional use. BOARD MEMBER FUENTES: I'm confused by that, because if it gets zoned for a church but we still have single-family occupancy -- MR. LETOURNEAU: So when you take residential and Estates-zoned properties, most of those have the ability with the conditional use. So you have your permitted uses, you have your accessory uses, you have your conditional uses. This particular piece of property is allowed to have a church on it through a conditional-use permit, which, you know, it's easier than getting it August 22,2024 Page 78 rezoned, but it's still a complicated process. CHAIRMAN KAUFMAN: So let me just go -- conditional. What does that do for what John just mentioned with the tenants that are living there? BOARD MEMBER FUENTES: Yeah, because then you'd be operating a church. MR. LETOURNEAU: I mean, you know, obviously, if they're going to build a church there, the tenants have got to find someplace else to live. BOARD MEMBER FUENTES: They're still in violation. MR. LETOURNEAU: No, right, right, yeah, yeah. BOARD MEMBER FUENTES: It's the same thing. CHAIRMAN KAUFMAN: Okay. So -- MR. HOLMES: So just for clarification, just to wrap this all together. My understanding when I read through the Redfin ad, and the reason why they obtained that zoning certification, one, for themselves, is this going to be an acceptable option; can I put a church here? And, two, it makes it a confident advertisement that there's zoning potential, which is in the last couple lines, that they have options to use the property. I've already got a zoning certificate stating a church could be here. Purchase this property as your next church location, kind of a situation. BOARD MEMBER FUENTES: Are your tenants aware that you guys are currently selling this? They are aware? MR. BEAUPLAN: There is a sign at least. They see the sign for sale at least. Yeah, they know. CHAIRMAN KAUFMAN: So they know they're going to have to leave? BOARD MEMBER FUENTES: So if I offered you money right now for that property and you accepted my offer, are you guys aware that the potential buyer could evict those tenants the date of August 22,2024 Page 79 purchase? MR. BEAUPLAN: Put offer today, we take it. MS. BEAUPLAN: But the thing is, though, they're aware of it -- they'll be -- they'll be -- even the buyer will know that they need notice. You know, there's families with kids in school. BOARD MEMBER FUENTES: You actually don't need that much notice, though. I just want to make you guys aware of that, since that is something you brought up with tears as a concern, is that if I were to buy your property, as a landlord, I have a right to begin evictions pretty much within the next week or two. I don't have to honor any type of lease. I'm buying the property, and I can do with it as I see fit. So it's good that you brought up your concern, but be aware that since you're so concerned about that, that any landlord who purchases it can give them the boot. CHAIRMAN KAUFMAN: I am also concerned that the property is sold tomorrow, and the new people that buy it now inherit this situation, and we go from there. BOARD MEMBER FUENTES: That's a problem, too. CHAIRMAN KAUFMAN: Yeah. So -- and it is for sale. I mean, it's no secret. BOARD MEMBER RUBENSTEIN: And it's being marketed as an income-producer. CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER FUENTES: So don't -- (Simultaneous crosstalk.) BOARD MEMBER FUENTES: -- mix the concern with families with somebody selling a property, and then we get nailed because they're coming here with a violation, and they're like, "Well, I didn't know. We bought it." CHAIRMAN KAUFMAN: That's right. I agree with you. BOARD MEMBER FUENTES: "It was here. Why didn't you August 22,2024 Page 80 guys put a lien? I would have not bought it. It would have shown." BOARD MEMBER CURLEY: All right. Well, can you clarify the motion, John? There's been so much discussion I forget. Can you say what your motion -- can you repeat your motion? BOARD MEMBER FUENTES: I don't even know if I like that motion anymore because now I have some new thoughts. CHAIRMAN KAUFMAN: Well, the electrical part of the motion, I think, is sound. Let an electrician come in there, certify that it's not a safety-and-health. Now, for the other part, whether they get this thing -- the zoning -- and this is a real pipe dream, that you'd have zoning changed to multifamily within -- BOARD MEMBER FUENTES: Forty-five days. CHAIRMAN KAUFMAN: -- 45 days would never happen in a million years. So that time frame, I would extend. BOARD MEMBER FUENTES: But I don't like the fact that it is on the market for sale -- CHAIRMAN KAUFMAN: I agree with you. BOARD MEMBER FUENTES: -- and we are handing off a -- we actually -- we're actually able to dodge a bullet right now. And I'm sorry to prolong this. But how many times have we brought a code case in here and they're like, "I bought a property and I didn't know," and now we have an opportunity to help somebody who might purchase this, and we don't put a fine on it, and then they go to buy the property, and they come in next month with Bradley Holmes, and he's like, well, you know, I mean, We've got a new buyer. The violation rolled over." CHAIRMAN KAUFMAN: Well, in this particular case -- BOARD MEMBER FUENTES: And it's not fair. CHAIRMAN KAUFMAN: -- the only buyer they could have would be a cash buyer. BOARD MEMBER FUENTES: Yeah, they exist. It's only August 22,2024 Page 81 4.6. BOARD MEMBER RUBENSTEIN: I have a question. You recently listed this property for sale? MR. BEAUPLAN: About six months ago. BOARD MEMBER RUBENSTEIN: And you told the real estate agent that it's an income-producer, or was that the Realtor's -- MR. BEAUPLAN: She knows there is tenant in there. I told her that. She knows, yeah, there is income coming into -- BOARD MEMBER RUBENSTEIN: Yeah, this whole thing -- (Simultaneous crosstalk.) MS. BEAUPLAN: She was always our Realtor from the house who we bought it from. So she knows all about the house, and that was her verbiage. BOARD MEMBER RUBENSTEIN: Yeah, well, she's wrong for marketing a property that's not in compliance. MR. BEAUPLAN: No, no, no, the noncompliance -- MR. IANDIMARINO: Mr. Chairman, if I may? CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: Mr. Chairman, there is a lot of cross-talk going on. Could we please keep it down. BOARD MEMBER FUENTES: I apologize. CHAIRMAN KAUFMAN: Okay. Let me -- on the imposition of a fine, there is -- we found that the violation exists. We have not -- we haven't come up with the amount of days that we would permit them to get theirself in order, and the amount per day of the fine, we haven't determined that either. So that would be the three things. The electrical portion of it, no problem. I'm more apt to say, give them more than 45 days to establish this, but they need to show some progress that they are applying for the necessary permits. BOARD MEMBER FUENTES: Well, I retract my motion previously made. I feel -- at this point I would rather just we August 22,2024 Page 82 imposed the fine. CHAIRMAN KAUFMAN: Okay. There isn't a fine that's been assessed yet. BOARD MEMBER FUENTES: Then you make the motion, because I take mine back. I don't like it anymore. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I'll make a motion. CHAIRMAN KAUFMAN: Go ahead, Sue. BOARD MEMBER CURLEY: Number 1, 45 days, $200. Number 2 -- BOARD MEMBER FUENTES: Can't hear you. BOARD MEMBER CURLEY: Sorry. Number 1, 45 days, $200; Number 2, 45 days, $200. MR. NOELL: And just -- CHAIRMAN KAUFMAN: I'll second it. MR. NOELL: Just for clarity on your motion, ma'am, is it 45 days to do either the -- what's set forth in No. 1 or have a licensed electrician certify that it's safe? CHAIRMAN KAUFMAN: Yeah. Let me give you help on that -- on the second part -- BOARD MEMBER CURLEY: Excuse me. However the county wants to word that, based on Mr. Letourneau's suggestion, you can -- you could offer me that language. MR. NOELL: Yeah. And I apologize. It's on No. 2. CHAIRMAN KAUFMAN: Yes. So the 45 days, Sue, that you're proposing on No. 2, the electrical portion, we include the electrician to go in there to verify that everything is safe? BOARD MEMBER CURLEY: Yes. Whatever Mr. Letourneau's suggested language is, I'm -- MR. LETOURNEAU: Okay. I can suggest you some language right now. Shut off all unpermitted electrical or hire a August 22,2024 Page 83 licensed electrician to verify that the unpermitted electric is safe. BOARD MEMBER RUBENSTEIN: Why can't 2 read to shut off the electric if it's not in compliance, if it doesn't meet code -- BOARD MEMBER CURLEY: That's what I just said. BOARD MEMBER RUBENSTEIN: -- instead of the way it's worded? BOARD MEMBER FUENTES: They're going to come back in 45 to present it. MR. LETOURNEAU: Right. So either we go back there to the house and the electric's off, or they submit paperwork from a certified electrician that he's stating that it's safe at this point. BOARD MEMBER AYASUN: How many days for that? CHAIRMAN KAUFMAN: Forty-five. MR. LETOURNEAU: Forty-five they're saying right there. MR. BEAUPLAN: Let me add one thing in the electric part of it. The property has two electric meters that control. One control the front of the house. The other one control the back of the house. If you shut the electric, that mean no electric at all in the place. CHAIRMAN KAUFMAN: That's why you have to have it inspected. MR. BEAUPLAN: There is a subpanel that's going to the -- to the game room where there is the two bedroom that could be, you know, that's -- I think that's how that should be done. BOARD MEMBER RUBENSTEIN: Do you receive the bills for this electric? MR. BEAUPLAN: Yes, I receive it, and I pay for it every month, 12- to $1,400 a month. CHAIRMAN KAUFMAN: Jeff, we've got your language. MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: No problem with that. That's the electrical portion. August 22,2024 Page 84 MR. LETOURNEAU: Okay. And then the other part would be just your normal obtain all required permits, inspections, and certificate of completion or occupancy. CHAIRMAN KAUFMAN: Right. One thing that -- and we want to see the respondent back here to show some progress; is that correct? BOARD MEMBER FUENTES: I used to feel that way. BOARD MEMBER CURLEY: I mean, I don't really care if they come back here. I think they should deal with the county. We're not contractors. We're not electricians. We don't know the ins and outs of that, so why can't they just deal with the professionals? MR. LETOURNEAU: You know, just personally, I think that if they certify the electric is safe -- there's no way on the other part of it that they're going to get anything done in 45 days. Let's be honest with that, okay? Nothing. BOARD MEMBER FUENTES: We can address that when they come back. MR. LETOURNEAU: If they come back, and they have a permit at least applied for or whatever, yeah, something to show that they're making progress. BOARD MEMBER FUENTES: If they come back in 45 days and this motion passes, which I don't like, and there's no permit pulled, well, then I'm going to make a motion. MR. LETOURNEAU: No, I get it. I get it. BOARD MEMBER FUENTES: Okay. MR. LETOURNEAU: Do you understand that? MS. BEAUPLAN: Not quite. MR. LETOURNEAU: Okay. So what they're saying is that, number one, you either have to turn the electric off or get a licensed electrician to verify that it's safe. August 22,2024 Page 85 On the other part, they're giving you 45 days to do something with this property, either to come to the county and submit a permit, plan, or whatever, an application to get this thing taken care of, or they're going to look unfavorably on extending you any more time at that point. So he's telling you you've got 45 days to make a move at this point and figure out what you want to do. CHAIRMAN KAUFMAN: Okay. So -- MR. BEAUPLAN: I think -- CHAIRMAN KAUFMAN: Are we clear on what the motion is? BOARD MEMBER ELROD: I do have a question, sir. CHAIRMAN KAUFMAN: Sure. BOARD MEMBER ELROD: Forty-five days doesn't put us at a meeting. MR. BEAUPLAN: It's not enough. MR. LETOURNEAU: Yeah. Sixty would be okay with the county if you wanted to correlate it with two meetings -- (Simultaneous crosstalk.) MR. LETOURNEAU: Well, I mean two meetings down the road here. BOARD MEMBER CURLEY: I'll correct it to 60 days. CHAIRMAN KAUFMAN: Okay. And the second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. The second also agrees to that. Okay. MS. BUCHILLON: Are we doing 60 days on both parts or -- CHAIRMAN KAUFMAN: No, 45 on -- MS. BUCHILLON: Sixty and 45. CHAIRMAN KAUFMAN: -- the first; 60 on the initial one. MS. BUCHILLON: Okay. BOARD MEMBER RUBENSTEIN: Is there any discussion? August 22,2024 Page 86 CHAIRMAN KAUFMAN: Sure. What do you want to say? BOARD MEMBER RUBENSTEIN: In all the work that's been done to the property, did you ever use a licensed contractor? MR. BEAUPLAN: The work was done by licensed people. BOARD MEMBER RUBENSTEIN: Without a permit. MR. BEAUPLAN: No. Licensed people, because it was -- addition was done according to the county. They inspect and everything. Even the electric was inspected by the county. Everything was good. There was no -- BOARD MEMBER FUENTES: Yeah, but those -- CHAIRMAN KAUFMAN: And then it was modified. BOARD MEMBER FUENTES: -- COs did not involve kitchens. We cannot confuse that. Three additional kitchens were implemented in this property that were not permitted; therefore, there was no licensed general contractor who pulled permits for you. MR. BEAUPLAN: We don't add three additional kitchen. The addition -- first addition has a kitchen on it. It has a kitchen on it, and then the other one was a wet bar that was -- already exist in the property when we bought it. We just use it. CHAIRMAN KAUFMAN: Okay. I think we've talked this to death. Okay. We're done. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. It passes. Two nay, 4-2. BOARD MEMBER FUENTES: You guys aren't my friends no more. August 22,2024 Page 87 CHAIRMAN KAUFMAN: That's okay. We'll get over it. BOARD MEMBER RUBENSTEIN: Break? CHAIRMAN KAUFMAN: Yes, we're going to take a break. Terri, 10 minutes? THE COURT REPORTER: Nods head. (A brief recess was had from 11:09 a.m. to 11:22 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Who's up next, Helen? MS. BUCHILLON: Okay. Next, we are going to under old business, motion for imposition of fines and liens. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Old business. MS. BUCHILLON: We're going to do No. 2, CELU20240000034, Mauricio Martinez. BOARD MEMBER CURLEY: What number? CHAIRMAN KAUFMAN: Two. BOARD MEMBER CURLEY: Thank you. BOARD MEMBER FUENTES: Is this the food truck one in Immokalee? BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: Is this a Cristina case? MS. BUCHILLON: Yes. BOARD MEMBER FUENTES: She'll get there one day. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. MARTINEZ: Yes. CHAIRMAN KAUFMAN: Hi, Cristina. MS. PEREZ: Good morning. I just had a brief discussion with August 22,2024 Page 88 the respondent. He says he had a miscommunication with the individual that normally translates for him, so we were discussing, you know, language barrier, that he's uncomfortable because he doesn't have a translator. So we, unfortunately -- there was someone in the audience, but they're kind of limited on their Spanish translation as well, so they didn't feel comfortable assisting. CHAIRMAN KAUFMAN: Okay. So we'll take that into consideration. So this is your case? MS. PEREZ: Yes. I will be presenting the executive summary for the imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Past orders: On April 25th, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6366, Page 554, for more information. On May 23rd, 2024, the Code Enforcement Board granted an extension of time. See the attached order of the Board in documents and images for more information. The violation has not been abated as of August 22, 2024. Fines have accrued at the rate of $600 a day for the period from June 29, 2024, to August 22nd, 2024, for 55 days, for a total fine amount of 33,000. Fines continue to accrue. Previously assessed operational costs of $59.28 and $59.35 have been paid as of today. Operational costs for today's hearing is $59.49, for a total amount of $33,059.49. CHAIRMAN KAUFMAN: So it's 33,059? MS. PEREZ: Yes, with 49 cents. CHAIRMAN KAUFMAN: And 49 cents. Okay. Sir. August 22,2024 Page 89 MR. MARTINEZ: Hi. CHAIRMAN KAUFMAN: I will speak slowly. MR. MARTINEZ: So-so. CHAIRMAN KAUFMAN: Can you understand me? MR. MARTINEZ: Yeah. CHAIRMAN KAUFMAN: Good. This is a food trailer parked where it shouldn't be parked, and you were told about this in April. Okay. It's still there? MR. MARTINEZ: Yes. CHAIRMAN KAUFMAN: Why? MR. MARTINEZ: The problem is not me pay for everything for my engineer, so for an application for county for permits, everything. So me, I need more time for removing it. Maybe this week, moving. Last month we call some companies for moving container. It's complicado -- MS. PEREZ: Complicated. MR. MARTINEZ: -- complicated for -- it's a restaurant, not only container. Is agreement [sic]. It's heavy. So maybe this week or next week or two weeks for one more company, big company, for remove it container. CHAIRMAN KAUFMAN: Well, we have -- the choice we have -- it's not in compliance, okay. So we're limited on what we can do. We either impose the fine or give you a little bit more time to get this done. MR. MARTINEZ: A little bit -- a little bit more time. CHAIRMAN KAUFMAN: But I can guarantee you, if we give you a little bit more time and it's not done, we're going to impose all of that. MR. MARTINEZ: Okay. CHAIRMAN KAUFMAN: Do you understand me? MR. MARTINEZ: Yes, sir. August 22,2024 Page 90 CHAIRMAN KAUFMAN: Okay. I almost remember your name you've been here so often. MR. MARTINEZ: How long more time? CHAIRMAN KAUFMAN: You just said next week or the week after, but our next meeting is in one month. MR. MARTINEZ: Okay. Remove it then, next meeting. CHAIRMAN KAUFMAN: Okay. Anybody want to comment on this or make a -- BOARD MEMBER CURLEY: Just one question. So he said he attempted to get a permit for it to stay, and it didn't work, or he hasn't heard back, or what's the -- MS. PEREZ: No. They submitted the pre-application meeting, and that's still in the same situation. So he does have -- the gentleman that's come with him in the past is his architect that's working on trying to, you know, make those approvals, but nothing's been submitted at this point. CHAIRMAN KAUFMAN: Okay. Where is your architect today? MR. MARTINEZ: (Shrugs shoulders.) CHAIRMAN KAUFMAN: You don't know. BOARD MEMBER CURLEY: I'm happy to make a motion to withdraw this for 30 days and bring it back to the next meeting, or how can we do that? BOARD MEMBER FUENTES: It would be a continuance. MR. LETOURNEAU: Yeah. We're not -- we're not going to -- the county's not going to withdraw this at this point. It would be up to you guys to continue it for a month. BOARD MEMBER CURLEY: Okay. Well, I'd make a motion to continue it until next month's meeting. CHAIRMAN KAUFMAN: I'll second that. BOARD MEMBER RUBENSTEIN: I have a comment. August 22,2024 Page 91 BOARD MEMBER FUENTES: Your motion needs to involve the operational costs for today. BOARD MEMBER CURLEY: Oh. Operational costs, both 59.28 and 59.35 -- CHAIRMAN KAUFMAN: No, everything's been paid. MS. BUCHILLON: That's already paid. CHAIRMAN KAUFMAN: Everything's been paid except 59.49. BOARD MEMBER CURLEY: I can read. I'm reading. 59.49 paid before next month's meeting. CHAIRMAN KAUFMAN: Within 30 days. Okay. Yes. BOARD MEMBER RUBENSTEIN: When this was first heard, there was a representative from the taxing district of Immokalee. There was -- CHAIRMAN KAUFMAN: Right. BOARD MEMBER RUBENSTEIN: -- a lady here, and I think that she should be contacted to be here in 30 days to represent Immokalee in this case. BOARD MEMBER FUENTES: No, we can't do that. She can come if she wants to. It's open to the public. MS. BUCHILLON: If I may? BOARD MEMBER RUBENSTEIN: Well, she needs to be notified. MS. BUCHILLON: If I may. I provide the agenda to her. BOARD MEMBER RUBENSTEIN: Okay. MS. PEREZ: I have a follow-up comment, too; that she -- at yesterday's CRA meeting, she was present. BOARD MEMBER RUBENSTEIN: Okay. MS. PEREZ: I did provide an update that this was going to be here today. She asked, "Does Code Enforcement need us to be August 22,2024 Page 92 there?" I advised that I mentioned at the last meeting, and I would reiterate today if needed, what their position is. The gentleman does not need the approval of the CRA in order for his project to be approved. He's allowed to do his project if and when it meets all of the code -- building code and zoning requirements. It's in -- they have an interest of having the CRA's support, and the CRA will grant the support for the project if and when the violation has been abated. Other than that, they would not support -- you know, provide the owner a supporting letter. So I stated that at the last meeting, and I advised CRA that I would, you know, state that again to you today. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Can you explain everything to this gentleman when you leave here? MS. PEREZ: I will. MR. NOELL: If I may, this item's also at the end of your agenda for a motion to amend the previous order. For the order that found him in violation, the date was incorrectly put as June 27th for him to be in compliance, and the date should read June 28th, 2024. So if I can get a motion for me to amend that order, I will do that, and August 22,2024 Page 93 I'll provide an amended order for the Chair to sign. CHAIRMAN KAUFMAN: Okay. So we need a motion to amend the scrivener's error. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Moved. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: It carries -- you're not going to approve that? I'll slap you. Okay. Okay. MR. MARTINEZ: Thank you. CHAIRMAN KAUFMAN: One month. I'm going to remember. MR. MARTINEZ: Yes. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, we are still under motion for imposition of fines and liens. CHAIRMAN KAUFMAN: Yep. MS. BUCHILLON: Number 3, CESD20220000870, David H. Levine. MR. LEVINE: 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 August 22,2024 Page 94 but the truth? MR. LEVINE: I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: And if you could state your name on the microphone for us. MR. LEVINE: David Levine. CHAIRMAN KAUFMAN: Okay. Rick, your case. MR. MIGAL: Rick Migal, Collier County Code Enforcement. Past orders: On April 27th, 2023, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was -- what'd I do wrong? Oh. Thank you. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6248, Page 838, for more information. On August 24th, 2023, the Code Enforcement Board granted an extension of time. On February 22nd, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has not been abated as of August 22nd, 2024. Fines have accrued at a rate of $200 per day for the period of November 23rd, 2023, to August 22nd, 2024, for 274 days, for a total fine amount of $54,800. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid -- or have been paid, sorry. Previously assessed operational costs of $59.49 have not been paid. Operational costs for today's hearing is $59.70. And the total amount is $54,919.19. CHAIRMAN KAUFMAN: Okay. Sir. MR. LEVINE: The $59 that wasn't paid was -- I went there to pay it. They accepted my $59 and some odd cents and put it towards the wrong case. Because there's a driveway easement, and there's a vegetation removal permit. Now that you guys have kind of August 22,2024 Page 95 combined the two things together, you won't let me finish the driveway. I've hired three different people to fix the vegetation removal permit. I got refunded $2,500 yesterday -- I can show you that if you guys would like to see that -- from the person who said they were doing this. Two months ago -- or the last time we were here, I hired somebody. They said they were going to do it. I text them. I e-mail them. I got nowheres. I said, "Just refund my money." I hired a local -- he was a superintendent to build major houses. I hired him a couple days ago. His name is Allan. Allan said, "This is so simple." He's going to solve it, like, in two weeks, and it's -- and it's going to be not physically done but solved where it's going to have a permit, and I'll be able to -- if they want me to do some plantings, I'll do the plantings. CHAIRMAN KAUFMAN: Okay. Because the case would have to be closed out. So it takes a while for trees to grow, but I know that we're not waiting for that. MR. LEVINE: I don't believe that any trees have to be put in. In fact, what Allan said is is it's completely wrong. Draw a picture of what the property is. So I went down to the county at Horseshoe, and they're searching for the proper plan. CHAIRMAN KAUFMAN: The Real View? MR. LEVINE: I don't know the right wording. And then Allan's going to put on there water permeable stuff that I put in. He'll draw the picture. The percentage we already know is up to code. So there's actually nothing wrong. And as soon as you have that, you'll know that, and then this can all go away. CHAIRMAN KAUFMAN: Okay. It's not me to know that. It's -- MR. LEVINE: Yeah, I'm just making -- August 22,2024 Page 96 CHAIRMAN KAUFMAN: -- the county. MR. LEVINE: -- sure you know the timing for that kind of stuff. CHAIRMAN KAUFMAN: So you're saying this is all going to be done by? MR. LETOURNEAU: Well, I'll be able to get Allan to draw up everything as soon as I got, from the county, the plans of the property. So it will show the structures and the outside -- you know, the size. BOARD MEMBER CURLEY: I have a question. CHAIRMAN KAUFMAN: Shoot. Go ahead. BOARD MEMBER CURLEY: So I'm conflicted because we're hearing a case, but this gentleman says there's no case. So, obviously, there's something wrong, right? MR. LEVINE: Well, there are two cases, and when you -- I think he was attempting to establish was that some of the environmental issues were common to both cases, when he said "combining the cases." When you fix the environmental issue for Case 1, Case 2 will follow as well as far as the restrictions or the requirements that are there waiting for him to take care of or address within -- they're common to both cases. So there are two cases. With this case, there's also an issue of a drawing that needs to show permeable versus nonpermeable on the lot, and that's what this gentleman's going to be -- excuse me -- presenting to the county. So there still will be the environmental issue, which is the $2500 that he got refunded by the gentleman who walked away from the job. So he still has to find somebody who can still address that, I believe. So there's still going to be some time needed for this besides the couple of weeks to get the drawing for the permeable versus nonpermeable. BOARD MEMBER CURLEY: Thank you. August 22,2024 Page 97 CHAIRMAN KAUFMAN: Would you say that this should be completed without any big obstacles arriving in 30 days? MR. MIGAL: I think he needs more. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Because we're talking about finaled here. CHAIRMAN KAUFMAN: Yes. MR. LEVINE: If you're talking about finals, it couldn't be done in 30 days. I can't -- I could get the plans, and then Michaelle Crowley can then approve it. And then if she needs me to do plantings, I couldn't -- I don't think I could do it within 30 days. BOARD MEMBER CURLEY: And you can't turn blacktop into permeable material in 30 days either. I mean, you couldn't -- if there's a nonpermeable surface, you can't convert that in 30 -- MR. LEVINE: Oh, there's more than enough -- it's three and a half acres, so the nonpermeable and permeable, from what everybody's saying, is fine. It's legal. It just has to be shown to you that it's legal. MR. MIGAL: It wasn't the permeable versus nonpermeable. They do need a document to show it, but he should be in compliance on that. The problem is, there was overclearing, according to Michaelle's calculations. CHAIRMAN KAUFMAN: Okay. And she's provided the respondent with what needs to be done to come into compliance? MR. MIGAL: And he had an original -- the original, or maybe -- he's had several, so if it wasn't the original, it was one of the environmental people who worked with him presented something, but she found it to be insufficient. And she came back and told him what else needed to be done, so that's where we stand. BOARD MEMBER CURLEY: Okay. MR. LEVINE: That professional drew, like, stick drawings for you guys and sent it to you, so they wouldn't accept it after they got August 22,2024 Page 98 paid. It was a little piece of paper like they did it in a bar with a pen and a paper, and she wouldn't accept it. I understand why she wouldn't accept it. CHAIRMAN KAUFMAN: Okay. Lee has a question. BOARD MEMBER RUBENSTEIN: What's going on with the property, if anything, at this point? MR. LEVINE: It's gorgeous. It's beautiful. It's beautiful. It's not -- I'm not doing anything until -- BOARD MEMBER RUBENSTEIN: There's no construction of any type or anything? MR. LEVINE: No. The house is -- the property's gorgeous. There's nothing to talk about. When you see it, you'll say, well, what are we talking about? Well, Michaelle saw a picture of trees that were there from 2017, and now they're not there. They're pine trees. They're gone. BOARD MEMBER RUBENSTEIN: Okay. Thank you. BOARD MEMBER CURLEY: So what should we do? CHAIRMAN KAUFMAN: Well -- MR. LEVINE: Are you asking me? CHAIRMAN KAUFMAN: Well -- BOARD MEMBER CURLEY: There's a lot of people here. CHAIRMAN KAUFMAN: -- I'd like to know -- I mean, the fines are continuing to accrue, so one way or the other, this has to come into compliance. What I'd like to do is give you sufficient time to get this done, including everything, but I'm not hearing from you when you think you can complete that. So it's hard for us to pick a date if you can't. MR. LEVINE: I think 60 days is fine. CHAIRMAN KAUFMAN: Okay. I'll make a motion we grant your 60-day continuance. BOARD MEMBER ELROD: Second. August 22,2024 Page 99 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Are we talking -- MS. BUCHILLON: Any ops costs? CHAIRMAN KAUFMAN: Excuse me? MR. LETOURNEAU: Ops costs. MS. BUCHILLON: Today's ops costs. CHAIRMAN KAUFMAN: Yeah. 59.70 -- the 59.49 you said was paid, but it was whatever case it was. MR. MIGAL: They applied it to the other case. (Simultaneous crosstalk.) MR. MIGAL: They didn't realize -- MR. LEVINE: I asked the girl, "What do I owe ya?" MR. MIGAL: So he still owes it, but he's going to go back and take care of that later today. CHAIRMAN KAUFMAN: Okay. So the ops costs of 59.70 for today's hearing, in addition to taking care of that other, it needs to be paid within 30 days, okay? MR. LEVINE: So the two things, at the same time, I can do. CHAIRMAN KAUFMAN: Yes. MR. LEVINE: Gotcha. CHAIRMAN KAUFMAN: You can also walk and chew gum. August 22,2024 Page 100 There you go. MR. LEVINE: I'm going to try it. CHAIRMAN KAUFMAN: Good luck. MR. LEVINE: Thanks. CHAIRMAN KAUFMAN: Which brings us to No. 4. MS. BUCHILLON: Next case, No. 4, CEAU20220010097, and also No. 5A, CEVR20220010205, Best Homes Builder at Golden Gate, 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. GARCIA: Yes. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Okay. We'll tackle it one at a time. MS. PEREZ: Yes, sir. CHAIRMAN KAUFMAN: Vote on them separately. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. Past orders: On July 31st, 2023, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6346, Page 430, for more information. On March 28, 2024, the Code Enforcement Board granted a continuance. See the attached order of the Board in document and images for more information. The violation has been abated as of June 13, 2024. Fines have accrued at the rate of $150 per day for the period from September 30, 2023, to June 13, 2024, 258 days, for a total fine amount of $38,700. August 22,2024 Page 101 Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.42. Total amount is $38,759.42. The gravity of the violation was not health and safety. Actions taken by the violator to correct: The fence permit PRFW20221152672 was obtained, inspections approved, and certificate of completion/occupancy was issued on June 13, 2024. Previous violations committed by the respondent is the next case that you're going to hear, CEVR20220010205, for the land clearing. The case was also resolved and in compliance on June 13, 2024. And there are no other relevant factors. CHAIRMAN KAUFMAN: Okay, sir. MR. GARCIA: Yes, sir. Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. GARCIA: Yeah. My name is Michael Garcia. CHAIRMAN KAUFMAN: Okay. And, Michael, you represent? MR. GARCIA: Best Homes Builder at Golden Gate, yes. CHAIRMAN KAUFMAN: Okay. Best Homes. MR. GARCIA: Yeah, my mother, she's the owner. CHAIRMAN KAUFMAN: Okay. Is there any reason it took so long? MR. GARCIA: You know, the plans, the permits. CHAIRMAN KAUFMAN: Things? MR. GARCIA: Take time, yeah. MS. PEREZ: There's also a determination that had to be completed on this, and the vegetation removal case had to be resolved as well. CHAIRMAN KAUFMAN: Okay. But this particular case is in compliance? August 22,2024 Page 102 MS. PEREZ: Yes. They're both in compliance. This particular case, the fence permit, he needed to submit a wetland delineation [sic] in order for the permit to be approved. BOARD MEMBER CURLEY: I have a question. How long did it take to get the wetlands approval from when you were violated? MR. GARCIA: I think it take, like, four, five months, around that time. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: Yeah, I've got a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER FUENTES: I'll make a motion that today's operational costs of $59.42 do get paid within 30 days. I will also reduce the county's fines of $38,759.42 down to $800 to be paid within 30 days. MR. GARCIA: All right. CHAIRMAN KAUFMAN: Okay. I'll second it. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER CURLEY: (Raises hand.) CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: You've got one down there. CHAIRMAN KAUFMAN: Okay. 4-2. It passes 4-2. BOARD MEMBER FUENTES: What did she say? August 22,2024 Page 103 BOARD MEMBER ELROD: I said yes. BOARD MEMBER FUENTES: Oh, I'm sorry. I didn't hear. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER AYASUN: So is it for both of them or just one? CHAIRMAN KAUFMAN: No, just this one. BOARD MEMBER AYASUN: Okay. CHAIRMAN KAUFMAN: The next one you want to read into the record for us, Cristina? MS. PEREZ: For the record, Cristina Perez, Code Enforcement. This is in reference to Case No. CEVR20220010205. Past orders: On July 31st, 2023, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6323, Page 384, for more information. The violation has been abated as of June 13, 2024. Fines have accrued at the rate of $150 per day for the period from September 30, 2023, to June 13, 2024, 258 days, for a total fine amount of $38,700. Previously assessed operational costs of $59.28 have been paid. That might be a revision on anything you had. Operational costs for today's hearing is $59.28. Total amount is $38,759.28. The gravity of the violation was not deemed health and safety. Actions taken by the violator to correct: There was a house permit that was issued to justify clearing of one acre -- one acre, PRFH20221257281, and the fence permit, PRFW20221152672, was obtained, inspection approved, and certificate of completion/occupancy was issued on June 13, 2024. Previous violation committed by the violator is the case you previously heard, CEAU20220010097, for the unpermitted fence. August 22,2024 Page 104 The fence permit was issued and finalized. And there are no other relevant factors. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this one? BOARD MEMBER CURLEY: So the question, again, it was -- this was also relating to the wetlands. So they put up the fence, cleared the land, but the permit is dated 2022. So did they apply for the permit, but they never got it, and then they just did the work? MS. PEREZ: No. The cases do date back to November of 2022, and in order for him to correct the clearing violations, he applied for the permits. He was trying to do some work on the property before he got to it. BOARD MEMBER CURLEY: Okay. Well, I'll make a motion to include the operational costs of 59.28 for today and reduce the amount to $10,759. CHAIRMAN KAUFMAN: What was that number? BOARD MEMBER CURLEY: 10,759 plus ops. BOARD MEMBER RUBENSTEIN: What was that number? CHAIRMAN KAUFMAN: $10,759. BOARD MEMBER CURLEY: I calculated that by giving him the extra five months of the land requirements, the delay, and then the other four months of -- past their stipulation, or whatever they had already been given. MR. GARCIA: But also the plan take, you know, too much time to get approve it from the city [sic]. BOARD MEMBER CURLEY: So but I see you as a builder who knows better. MR. GARCIA: Yes, I build it, but, you know, I submit, and the city, get it back, and they had to resubmit it back, and -- BOARD MEMBER CURLEY: Right. I get it. August 22,2024 Page 105 CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Three to three. BOARD MEMBER FUENTES: I didn't vote. I don't know. Um -- BOARD MEMBER CURLEY: I mean -- MR. GARCIA: This house for me and for my mother because, you know, I'm building the house for my mother. BOARD MEMBER CURLEY: I mean, this person does this for a living. BOARD MEMBER AYASUN: That doesn't come into consideration. BOARD MEMBER CURLEY: It's a company. It's a company. He does this for a living. They know better. BOARD MEMBER FUENTES: What do you think would have been an amount that you guys would have been comfortable with? You're going to say zero. BOARD MEMBER ELROD: Correct, because -- because getting the wetland determination takes a long time. BOARD MEMBER FUENTES: Because I agree with her. August 22,2024 Page 106 She has a point. This is a profession of his. So zero can't be zero. BOARD MEMBER CURLEY: And the wetlands took him four to five months. So it was -- this took 10 months. MR. GARCIA: Sometime it take more time to do the wetland mitigation. BOARD MEMBER CURLEY: But it would have taken no months if he had done it in the order of the way the county expects a commercially licensed builder to proceed. CHAIRMAN KAUFMAN: So you're the deciding vote. BOARD MEMBER FUENTES: I'm going to say no due to the price, but I'm not in agreement with zero. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: All right. I'll -- BOARD MEMBER ELROD: I went with the 800. BOARD MEMBER CURLEY: I'll adjust my -- BOARD MEMBER FUENTES: If you can adjust it, please. BOARD MEMBER CURLEY: I'll adjust my motion -- I'll make a new motion for the 59.28 to be paid within 30 days, and $5,759. BOARD MEMBER FUENTES: Okay. Second. BOARD MEMBER RUBENSTEIN: Second that one. CHAIRMAN KAUFMAN: Okay. MR. GARCIA: Can you leave it at 800 bucks? BOARD MEMBER FUENTES: I'm sorry? MR. GARCIA: Can you leave it at 800 bucks because 5,000 -- BOARD MEMBER FUENTES: It's not my motion. MR. GARCIA: Five thousand for me is enough now because I am building the house, so it's too much money. BOARD MEMBER CURLEY: It's an expensive fence. MR. GARCIA: And I am comply, you know, with everything. Give me time, because the one thing -- they give too much, but am August 22,2024 Page 107 complying with everything. CHAIRMAN KAUFMAN: Okay. Your number is 5,000 -- BOARD MEMBER AYASUN: 750. CHAIRMAN KAUFMAN: -- 750. Okay. And we have a second. All those in favor? Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Okay. It passes 4-2. MS. BUCHILLON: Okay. Just for clarification, it's 5,759.28, which includes today's ops costs? CHAIRMAN KAUFMAN: That's correct. Okay. MR. GARCIA: How much time I have to -- for pay that? CHAIRMAN KAUFMAN: How much time do you think you need? MR. GARCIA: I don't know, because I am putting all the money on the house, so maybe -- CHAIRMAN KAUFMAN: Generally it's 30 days, but in your case, do you think 60 days would be okay? MR. GARCIA: I don't think so. CHAIRMAN KAUFMAN: Excuse me. MR. GARCIA: I don't think so, because I am putting all the money that I'm getting, you know, to the house, to build the house. CHAIRMAN KAUFMAN: Anybody have a suggestion? BOARD MEMBER RUBENSTEIN: Seventy-five days. How's that? CHAIRMAN KAUFMAN: That's a good compromise; 75 August 22,2024 Page 108 days. BOARD MEMBER CURLEY: Make a separate motion. BOARD MEMBER RUBENSTEIN: Is that okay? BOARD MEMBER CURLEY: Make a motion for that, then. MR. GARCIA: Is there any way that I can reduce this amount of the fines? CHAIRMAN KAUFMAN: No, we voted on it. You'd have to appeal it at some point. Yes, John. BOARD MEMBER FUENTES: I'm looking at Kevin. He looks -- MR. NOELL: Yeah. Just make a motion on it so it's part of the order. CHAIRMAN KAUFMAN: Okay. So the original motion, Sue, was the 59.28 paid within 30 days and the fine to be 5,750 plus the 59.28 ops costs. So that would -- BOARD MEMBER CURLEY: Payable in 75 days. MS. BUCHILLON: Okay. BOARD MEMBER RUBENSTEIN: I'll second. MS. BUCHILLON: You're duplicating the ops costs on there. BOARD MEMBER CURLEY: 5,759, period, plus ops costs. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. It was seconded by Lee. MR. GARCIA: How it's going to be the process to do the much -- to do the fines? BOARD MEMBER CURLEY: Well, you got off easy on the first case, thanks to John. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. August 22,2024 Page 109 BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. It carries 5-1. Okay. BOARD MEMBER CURLEY: Can you turn that off? CHAIRMAN KAUFMAN: I did. BOARD MEMBER CURLEY: You would be yelling at me if my phone was doing that. CHAIRMAN KAUFMAN: I certainly would. BOARD MEMBER FUENTES: Mom, Dad, relax. BOARD MEMBER CURLEY: No, I mean he would totally be yelling at me. CHAIRMAN KAUFMAN: I said, "Power off." BOARD MEMBER FUENTES: Why don't you just put it on silent. Do you want me to teach you how to do that? BOARD MEMBER CURLEY: Grandpa. MS. BUCHILLON: Next case, No. 6, CESD20230004994, Orlando Fabian Rodriguez. MR. RODRIGUEZ: Good morning. We're on No. 6. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. RODRIGUEZ: Yes, I do. MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. RODRIGUEZ: Yes. I'm Orlando Rodriguez. CHAIRMAN KAUFMAN: Okay. And you're authorized to August 22,2024 Page 110 speak for Mr. Rodriguez? MR. RODRIGUEZ: It's me, yes. CHAIRMAN KAUFMAN: That's you. Orlando Rodriguez. MR. RODRIGUEZ: Orlando, yes. CHAIRMAN KAUFMAN: I got it. Okay. Do you want to read this into the record for us, sir? MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. Past orders: On January 25th, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6329, PG1063, for more information. The violation has been abated as of July 1st, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period of May 25th, 2024, to July 1st, 2024, for 38 days, for a total fine amount of $7,600. Previous operational costs -- previous assessed operational costs of 59.28 have been paid, operational costs for today's hearing are 59.35, for a total amount of $7,659.35. The gravity of the violation is not health and safety. Any actions taken by the violator to correct are Permit PRMFH20240311564, which was finaled on July 1st, 2024. Any previous violations committed by the violator -- by the respondent/violator are none. And there are no relevant factors. CHAIRMAN KAUFMAN: Okay. Sir. MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: It looks like it took a little while to do this. MR. RODRIGUEZ: Yes. Well, I had a contractor. He filed a August 22,2024 Page 111 permit. The permit was rejected. And then he do again. He failed a couple inspections, and it took a while. I mean, nothing I can do. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? BOARD MEMBER ELROD: I'll make a motion. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: That the respondent pay the 59.35 within 30 days and deny the county the imposition of the 7,600. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Fails. BOARD MEMBER CURLEY: It's a Contractor Licensing referral. He didn't know. BOARD MEMBER FUENTES: I'll make a motion. I'll reduce it. I just -- I'm not a fan of zero, I guess. I'll make a motion that today's operational costs of $59.35 do get paid, and I will reduce the county's fine to $325 to be paid within 30 days as well. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER AYASUN: Aye. August 22,2024 Page 112 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: So there's one nay, two nays. BOARD MEMBER CURLEY: It passes. CHAIRMAN KAUFMAN: It passes 4-2. Okay. MR. RODRIGUEZ: Thank you. MS. BUCHILLON: Next case, No. 9, CEPM20230001023, Vincent Lennon and Ruth A. Lennon. CHAIRMAN KAUFMAN: This is imposition? MS. BUCHILLON: Yes, sir. We're still under imposition of fines. CHAIRMAN KAUFMAN: It got lost in the stack. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. CHISOLM: I do. CHAIRMAN KAUFMAN: Good morning. MR. CHISOLM: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. CHISOLM: My name is Gerard O. Chisolm. CHAIRMAN KAUFMAN: I should know that because I've seen you here before. MR. CHISOLM: Yes, sir. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to read this into the record for us? August 22,2024 Page 113 MR. HOLMES: Yes, sir. Past orders: On August 24th, 2024, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6290, Page 409, for more information. On May 23rd, 2024, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has not been abated as of August 22nd, 2024. Fines and costs to date are as follows: Part A, fines have accrued at a rate of $50 per day for the period from September 24th, 2023, to August 22nd, 2024, 334 days, for a total fine amount of $16,700.00. Part B, fines have accrued at a rate of $50 per day for the period from September 1st, 2023, to August 22nd, 2024, 357 days, for a total amount of $17,850. Fines continue to accrue. Previously assessed operational costs of $59.28 and $59.35 have been paid. Operational costs for today's hearing, $59.49. Total amount, $34,609.49. CHAIRMAN KAUFMAN: Well, when you look at this, it looks like a real simple case. You've got a broken window. Fix it. Move on. But this is not the case. MR. CHISOLM: No, it's not. Like originally, we were having issues with the contractor and the permitting issues. We actually got the window replaced already. He's actually come out and seen it when it -- on top of that, we've got to get shutters. That was scheduled to be done on Monday. But the thing is, there is a couple of hiccups with the permitting. I guess upon investigating, we found out that there's something else August 22,2024 Page 114 that has to be permitted dated back to 2016 before the new company bought the site that we're at right now. And there was a mistake with their permit, because it's all cleared and ready for issuance. The thing is, I had to make a few phone calls to try to find out exactly what was wrong with the permit, and it turns out that the owners of the actual property is Vincent Lennon, and the owner of the actual building, which what we own is Rebel, Anabi Oil corporation. There's two different names on it. And the person who did the notary put the -- signed the name on the wrong slot. So we're trying to get the correct name so we can actually get cleared so we can actually get the -- you know, everything, completed, you know. CHAIRMAN KAUFMAN: How long do you think that's going to take you? MR. CHISOLM: Speaking with Bradley, because it's definitely an issue, and it literally took me a couple of months just to get to that point, probably 120 days we might be able to square this away. It's only the permitting, because the -- I got an e-mail saying that the shutters are ready. The window's already done. We've just got to clear this hiccup that we have. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Go ahead, Lee. BOARD MEMBER RUBENSTEIN: What's the difference between Part A and Part B? MR. HOLMES: Part A was implemented for boarding, so there is going to likely be an adjustment. I'll say this much, the county's not at all against or opposed to a continuance to allow resolution to elaborate on some of the things just to kind of make this all understandable. We'll come back with an adjusted Part A, because they did, essentially, remove the boarding that was in place. It's now August 22,2024 Page 115 glass. So that fine can stop accruing, and then we just worry about the permitting aspect. As far as the permits go, I just looked at them -- and I could pull it up for everybody to look at as well. The top line here for the highlighted has to do with the replacement of the window. It is ready for issuance, as he stated. It has an issue with one of the documents and a signature, but it should be issued; otherwise, there's nothing else that appears to be preventing it from issuance. Below that is going to be the shutter system that they have to install; otherwise, they will not get the glass permit finaled. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: As well, within the glass permit, there is a condition that they square away an older permit. This top one ending in 1592, it's a mechanical permit. They were missing -- they -- it completed some inspections, but they were missing a fire certificate, and payment of some -- like, a small payment of fees, $55, something like that, but that's also a CO hold on the glass permit. So they all kind of play hand in hand to get this violation abated. CHAIRMAN KAUFMAN: So your best guess, about how long? MR. HOLMES: I don't think what he is requesting is unreasonable just to make sure it passes through the channels. It's a corporation. So he's not necessarily going to be the one signing checks and whatnot. CHAIRMAN KAUFMAN: Well, we have a choice of implementing -- imposing the fine or granting a continuance, four-month continuance. BOARD MEMBER CURLEY: I'd make a motion to continue for 180 days. CHAIRMAN KAUFMAN: That's six months. August 22,2024 Page 116 BOARD MEMBER CURLEY: Six. CHAIRMAN KAUFMAN: Four months is what he asked for. BOARD MEMBER CURLEY: Oh, you asked for four? MR. CHISOLM: This -- it should be cleared up by then. I mean -- BOARD MEMBER CURLEY: Okay. MR. CHISOLM: -- there's no guarantees because, you know, like we wasn't expecting a 2016/'15 thing to pop up. We can't clear anything till we get that, and that was even before the company that we have right now. They had no idea that that was an issue. So, you know, we've got to fire inspection for that, plus whatever mechanical thing that it was. We've got to research that to figure out how to make that pass so we can clear that, and then we could get the permit for the windows and the shutters, which, you know, they're -- that's on order. Like I said, it was already scheduled to be done on Monday, but we can't do any of that because we can't get the permit from the first thing, so... BOARD MEMBER CURLEY: Okay. So I will revise my motion to four months. And I, too, got snafued in that fire inspection thing when I replaced my windows, so I get it. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. So the 59.49 paid within 30 days. BOARD MEMBER CURLEY: Yes, sir. CHAIRMAN KAUFMAN: And a continuance granted for four months. MR. CHISOLM: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. August 22,2024 Page 117 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. CHISOLM: Thank you. MS. BUCHILLON: Next case, No. 10, CELU20230006228, Ricardo Munoz and Ricardo C. Munoz, Jr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. MUNOZ: I do. MR. MALINOWSKI: I do. CHAIRMAN KAUFMAN: Could you both state your name on the microphone for us. MR. MUNOZ: Richard Munoz. MR. MALINOWSKI: Dan Malinowski. CHAIRMAN KAUFMAN: Okay. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Tom, do you want to read this into the record for us? MR. PITURA: Past orders: On February 22nd, 2024, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6336, Page 411, for more information. August 22,2024 Page 118 The violation has not been abated as of August 22nd, 2024. The fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period from May 23rd, 2024, to August 22nd, 2024, 92 days, for a total amount of $9,200. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.24. Total amount, $9,259.42. BOARD MEMBER CURLEY: Excuse me, Helen. Can you move that down so we can read the top part. MS. BUCHILLON: He's on it. BOARD MEMBER CURLEY: Yeah, thank you. CHAIRMAN KAUFMAN: Okay. So this has not been abated as yet. This was illegal land use: Shed, pickleball court, and a bunch of stuff. What say you? MR. MUNOZ: I brought with me my contractor, Dan Malinowski, and maybe he can kind of explain a little better what has happened. CHAIRMAN KAUFMAN: Okay. Okay. This started when? Let me get that straight first. February of this year. MR. MUNOZ: Yes. CHAIRMAN KAUFMAN: Okay. MR. MALINOWSKI: Richard contacted me in mid March, said he had three code cases open, could I come over and meet with him and go over what's open. So I went over there and, yes, he had three active code cases, this being one. I agreed, after we talked, and, you know, what needed to be done, I agreed to help him take over, and we would take care of the right-of-way, which was an issue. Trying to deal with Richard and his previous contractor to abate August 22,2024 Page 119 everything else, I ended up taking over all three cases. I took over the permits for one of the other cases as well as for the right-of-way. In dealing with all of this, one of the issues that Tom, when I had spoke with him, was that the two parcels needed to be joined together. So I got the paperwork all filled out and took it to Richard. So he took it over, and he actually got -- the two parcels are now one. So the stuff that was -- has the pickleball court and the shed and that stuff, it was originally a violation because it was two separate parcels. They're now one parcel, so we were able to get that done. We have one of the other violations that's already been closed out, and we're just waiting on mother nature to cooperate to have the other one closed out. CHAIRMAN KAUFMAN: Okay. This particular one, you say that's been resolved because you joined the two properties? MR. MALINOWSKI: The two parcels are now one. When I was speaking with Tom this morning, he said, well, you still have to have a -- MR. PITURA: After-the-fact permit. MR. MALINOWSKI: I have to do an after-the-fact permit because he has a 18-inch tall walkway or little -- MR. MUNOZ: Like a deck. MR. MALINOWSKI: -- like a deck around a tree. MR. MUNOZ: And a shed. MR. MALINOWSKI: And a shed. MR. PITURA: There's a shed, and he had a use of a pickleball court, which has an observation stand with some electrical. So basically those things would either have to be permitted under an after-the-fact permit, which he has discussed this with Renald, or he'd have to remove them. CHAIRMAN KAUFMAN: Okay. I understand. August 22,2024 Page 120 MR. MALINOWSKI: And I would ask for a 90-day continuance so that we can come in compliance with everything. CHAIRMAN KAUFMAN: Do you think you can get everything done in 90 days? MR. MALINOWSKI: Yes, sir. CHAIRMAN KAUFMAN: Because the fines will continue to accrue. MR. MALINOWSKI: Yes, sir. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to pay the 59.42 within 30 days and give him a 90-day continuance. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Ninety days. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: Next case, No. 11, CESD20220004521, German Diaz Sanchez and Taimi Nunez Martinez. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into August 22,2024 Page 121 English to the best of your ability? MS. CASTRO: I swear. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. DIAZ: I do. MS. NUNEZ: I do. THE COURT REPORTER: Okay. And we'll need your names. MS. NUNEZ: Taimi Nunez. MR. DIAZ: German Diaz. MS. NUNEZ: The owner. THE COURT REPORTER: Your name? MS. CASTRO: Margie Castro. CHAIRMAN KAUFMAN: So we have three respondents, or two respondents and an interpreter. THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. I just want to know the cast of characters. Do you want to read this into the record for us? MR. OWEN: Yes, sir. For the record, Brian Owen, Collier County Code Enforcement. Past orders: On October 26th, 2023, the Code Enforcement Board issued a findings of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6307, PG3340, for more information. On February 22nd, 2024, the Code Enforcement Board granted an extension of time. See the attached order of the Board in documents and images for more information. August 22,2024 Page 122 The violation has not been abated as of August 22nd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period from June 22nd, 2024, to August 22nd, 2024, for 26 -- or, sorry -- for 62 days, for a total fine amount of $62,000 [sic]. Fines continue to accrue. Previous assessed operational costs of 59.28 have been paid, operational costs for today's hearing are 59.70, for a total fine amount of $6,259.70. CHAIRMAN KAUFMAN: Okay. Your turn. MS. CASTRO: So I just wanted to, you know -- CHAIRMAN KAUFMAN: Move the microphone down so I can hear you. Good. MS. CASTRO: -- that I'm not just the translator. They also hired me to help with the permitting process just so that we can expedite it. CHAIRMAN KAUFMAN: Okay. And -- MS. CASTRO: Okay. So the reason they haven't been able to comply is because they are dealing with a very slow architect. He has been very unreliable. Finally, he send the signed corrections yesterday. So we will move forward with resubmitting and, finally, these are the last corrections that we have to make in order to get the inspections. BOARD MEMBER FUENTES: What's the architect's name? MS. CASTRO: Carlos. BOARD MEMBER FUENTES: Carlos what? MS. CASTRO: Barbato from Team Line (phonetic). Are you familiar, by any chance? BOARD MEMBER FUENTES: No. CHAIRMAN KAUFMAN: Okay. And how long do you think this is going to take? MS. CASTRO: We would like to get at least four months. August 22,2024 Page 123 CHAIRMAN KAUFMAN: Now, the construction's done? MS. CASTRO: Partially. We opened up the walls just to expose all the work that has been done so far, including the insulation, reinforcement, everything. So we are just waiting for these corrections to be approved. We get the permit done, and once the inspectors come in, they can see everything on the inside of the structure, and then we will move forward with covering the walls. CHAIRMAN KAUFMAN: Okay. So it's going to take you four months to do that? MS. CASTRO: No, actually, it's not, to do that, but just so that the permit can go through, because we don't know how long it's going to take for the last correction to get approved, and we don't know if it will get approved because the architect has shown that he's not very good at his job. CHAIRMAN KAUFMAN: Well, I can't help you there. MS. CASTRO: Yeah. CHAIRMAN KAUFMAN: This was from October of '23, so... MS. CASTRO: Yes. And it has been delayed solely because of him, not because of them. They have done everything. Followed up every single week, and he has been -- MR. OWEN: Sir, if I may. They received their last corrections letter only on June 13th of this year. So they just responded to their last corrections letter that was filed and issued to them on June 13th of this year. CHAIRMAN KAUFMAN: So if I understand correctly, you'll get the paperwork going, but you don't know when it's going to be permitted, when it's going to be CO'ed? MS. CASTRO: As soon as we get the permit, we will request the inspections right away. CHAIRMAN KAUFMAN: Right. MS. CASTRO: If we can get it done in a month or less, we will August 22,2024 Page 124 be happy to do that. But right now we are on the last step of the permitting stage. CHAIRMAN KAUFMAN: So you're looking for a continuance of X amount of time? MS. CASTRO: Yes, correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER FUENTES: I'd like to make a motion that today's operational costs of $59.70 do get paid within 30 days, and I would also like to make a motion for a continuance for four months. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) MS. BUCHILLON: Fines continue to accrue? BOARD MEMBER FUENTES: It was a continuance, yes, so fines do continue to accrue, okay. So when you come back here, that number on that piece of paper's going to be a lot larger than 9,000, I think that's what it was. CHAIRMAN KAUFMAN: Six thousand. MS. CASTRO: I think it was around 6,000. No, if we are able to close the permit, do we still need to pay for the fines? CHAIRMAN KAUFMAN: You have to -- BOARD MEMBER FUENTES: We make that determination. August 22,2024 Page 125 CHAIRMAN KAUFMAN: You're going to have to come back once you get everything done and it says "it has been -- MS. CASTRO: Completed and CO'ed. CHAIRMAN KAUFMAN: -- abated," then we can discuss the fines. MS. CASTRO: Okay. CHAIRMAN KAUFMAN: Right now we don't know what the fines are going to be because it's not done. Yes, sir. MS. CASTRO: Okay. He says that if we -- if by any, you know, reason the last corrections that we will be submitting today are not approved due to the architect's negligence or whatever, lack of knowledge, we will go ahead and change architect for someone else even if we have to pay again. CHAIRMAN KAUFMAN: Your choice. MS. CASTRO: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: And if it gets done sooner, notify them immediately. MS. CASTRO: We will. We will do that. CHAIRMAN KAUFMAN: Okay. Okay. Well, good luck to you. MS. CASTRO: Okay. Thank you. I appreciate it. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case -- CHAIRMAN KAUFMAN: Helen, want a voice? MS. BUCHILLON: Lost it for a minute there. Next case, Case No. 12, CEVR20230004069, Thomas A. Crenna, and also No. 13, CEAU20230003296. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing August 22,2024 Page 126 but the truth? MS. PEREZ: I do. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present, and notice was sent out, Helen? MS. BUCHILLON: Yes. For the record, respondent was notified regular and certified mail July 31st, 2024. It was also posted at the property and courthouse August 22nd, 2024, for both cases. CHAIRMAN KAUFMAN: Okay. Cristine? MS. PEREZ: Yes. Good morning. Past orders: On April 25th, 2024, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6387, PG1522, for more information. The violation has not been abated as of August 22nd, 2024. Fines have accrued at the rate of $50 per day for the periods from June 25th, 2024, to August 22nd, 2024, 59 days, for a total fine amount of $2,950. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing is $59.28. Total amount is $3,068.56. CHAIRMAN KAUFMAN: I'd like to make a motion we impose the fine. BOARD MEMBER FUENTES: Second. BOARD MEMBER RUBENSTEIN: Question. Are we imposing both violations? CHAIRMAN KAUFMAN: No. We do them one at a time. BOARD MEMBER RUBENSTEIN: One at a time. CHAIRMAN KAUFMAN: Right. BOARD MEMBER RUBENSTEIN: I'll second. August 22,2024 Page 127 BOARD MEMBER CURLEY: I just have discussion on the motion. Is this gentleman alive? MS. PEREZ: Yes, to my knowledge, just doing conversation with a neighbor and some complaints that were filed. BOARD MEMBER CURLEY: Thank you. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NOELL: And that's ops cost for today's hearing as well? CHAIRMAN KAUFMAN: That's correct. 59.28 paid within 30 days. Next case, Cristine. Is that the last one? MS. PEREZ: Yes -- CHAIRMAN KAUFMAN: Oh, boy. MS. PEREZ: -- I believe so. All right. Last case. For the record, this is in reference to Case No. CEAU20230003296. Past orders: On April 25th, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6387, PG1524, for more information. The violation has not been abated as of August 22nd, 2024. Fines have accrued at the rate of $50 per day for the period August 22,2024 Page 128 June 25th, 2024, to August 22nd, 2024, 59 days, for a total fine amount of $2,950. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid, operational costs for today's hearing is 59.28, for a total amount of $3,068.56. CHAIRMAN KAUFMAN: I'd like to make a motion that the 59.28 be paid within 30 days, and the fines to be imposed. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Helen, did we do 7 and 8? We did, okay. MS. BUCHILLON: Those were withdrawn. CHAIRMAN KAUFMAN: Ah, okay. Is that the last one? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Do we have to vote on -- BOARD MEMBER ELROD: Yes. MS. BUCHILLON: We have -- CHAIRMAN KAUFMAN: Foreclosure. MS. BUCHILLON: -- foreclosure, yes, sir. CHAIRMAN KAUFMAN: Okay. I have a memorandum -- I guess everybody has it -- dated August 22nd that's going to the County Attorney for foreclosure authorization. Can I get a motion from the Board to accept this? August 22,2024 Page 129 BOARD MEMBER CURLEY: I'll make a motion to accept the memorandum, August 22, 2024, for foreclosure. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Done? Jeff Klatzkow is still here, right? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Why do you think he's gone? Did you smear vanishing cream on him or something? We are adjourned. ******* ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:24 p.m. CODE ENFORCEMENT BOARD R, B RT FMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on S J64_.2<1�,4 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.