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CEB Minutes 10/24/2024 Draft (Revised)October 24, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 24, 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 Vice Chair: John Fuentes, Sue Curley Kathleen Elrod Lee Rubenstein Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate Tarik N. Ayasun (Absent) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board October 24, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless 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. Hope you all understand that. With that, we'll stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, let's start out with the roll call. MS. BUCHILLON: Yes, sir. Good morning. Helen Buchillon, Code Enforcement. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: 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? October 24, 2024 Page 3 BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun is excused. Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And, Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. CHAIRMAN KAUFMAN: Okay. All members will be voting today on the dais. Let's go to the minutes. Unless somebody has a change, we'll approve -- take a motion to approve the minutes. BOARD MEMBER ELROD: I'll make a motion. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Any changes, Helen? MS. BUCHILLON: Yes, sir, we do have some changes. First, we have a new item to add to the agenda under the imposition of fines. It will be No. 14, CESD20210011506, St. Jean Services, LLC. October 24, 2024 Page 4 Next we have two stipulations. First stipulation, No. 3, CESD20230005511, Nixo A. Lopez and Nixaide Lopez. Next stipulation, No. 7, CESD20240004693, Marisol Morales Ponce. And now we have some withdrawns. Under public hearing/motion, motions; motion for a continuance of imposition of fines hearing, No. 1, CEVR20230008759, Edington Place, LLC, has been withdrawn. Under hearings, No. 1, CESD20230005771, Properties of S&O, Inc., has been withdrawn. Number 4, CEAU20240001828, Luisa Gorrostieta, Elio Gorrostieta, and William Corzo, has been withdrawn. Number 6, CESD20210003302, Susie L. Rickard, has been withdrawn. Under old business, motion for imposition of fines and liens, No. 2, CESD20220008382, Anthony Mattei, Karol Lucila Teresita Mattei, and Lilia Mercedes Machado, has been withdrawn, and those are all the changes for now. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion -- CHAIRMAN KAUFMAN: Can we get a motion -- BOARD MEMBER ELROD: Make a motion to accept the agenda. BOARD MEMBER BHATLA: Second it. CHAIRMAN KAUFMAN: As modified. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. October 24, 2024 Page 5 BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Where would you like to start, Helen? MS. BUCHILLON: With the motion for extension of compliance deadline, or would you like to start with the attorneys first? We have two attorneys here. CHAIRMAN KAUFMAN: Yeah. Why don't we start with the attorneys so they don't run the bill up on their clients. MS. BUCHILLON: All right. First case, it is under motion for imposition of fines and liens, No. 4, CESD20170016790, Jeffrey Lee Smith, Jr., and Valerie C. Smith Revocable Trust. CHAIRMAN KAUFMAN: Okay. Give me a minute. BOARD MEMBER CURLEY: This was a lot of information that I just happened to read ahead of time. Everybody needs some time to read it, the packet that we have. 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. LOMBARDO: I do. CHAIRMAN KAUFMAN: Okay. Why don't we start out by reading the case into the record. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On March 24th, 2022, 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, OR6133, Page 3640, for more information. October 24, 2024 Page 6 The violation has been abated as of September 16th, 2024. Fines and costs to date are as follows: Part 1 abated by April 7th, 2022, within compliance deadline. Part 2, fines have accrued at a rate of $200 per day for the period from March 25th, 2024, to September 16th, 2024, 176 days, for a total fine amount of $35,200. Previously assessed operational costs of $59.28 have been paid; operational costs for today's hearing, $59.49. Total amount: $35,259.49. The gravity of the violation: This was not considered health and safety. Actions taken by the violator to correct: They obtained the required Collier County permits to abate the unpermitted vegetation clearing. Any previous violations committed by the respondents/violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: A quick question. On the part that was abated which was -- which part of the violation? MR. HOLMES: Let me pull that up for you. CHAIRMAN KAUFMAN: This was a removal of vegetation. I guess one with heavy equipment and the other one without it; is that the deal? BOARD MEMBER CURLEY: In 2017. CHAIRMAN KAUFMAN: Yeah. MR. HOLMES: Bear with me. I'd like to pull up that document. Part 1 was to obtain all required Collier County mitigation plans and all building permits to keep the unpermitted improvement of the property as-is or to restore the property to its originally permitted condition. And then Part 2, just to explain why there's a Part 2, because it October 24, 2024 Page 7 sounds redundant, would be to obtain all the required inspections and COs. CHAIRMAN KAUFMAN: So the first part was done, if I understand correctly. MR. HOLMES: They obtained the permits, yes. CHAIRMAN KAUFMAN: They got the permits, but they never got a CO on the second part? MR. HOLMES: Correct. That was the delayed portion. CHAIRMAN KAUFMAN: Okay. Good. I understand. Okay. Sir, could you state your name on the microphone for us, please. MR. LOMBARDO: Yes. For the record, Zach Lombardo, here on behalf of Jeff Smith as the trustee of the property owner. CHAIRMAN KAUFMAN: Okay. MR. LOMBARDO: Just to provide some additional context here, the closure of this case, what caused this to be in compliance was the issuance of Collier County's vegetative removal permit. That was issued in September of this year, which brought the case into compliance. When this started a significant amount of time ago in 2017, there was the beginnings of a single-family home built without a permit and some clearing without a permit. So the single-family home piece was addressed by obtaining a single-family home permit, and then in the vegetative clearing side, this is where -- and I think this is what makes this a candidate for potential mitigation -- this is where there was some confusion. There was not just a Collier County enforcement action. There was a DEP enforcement action. The DEP enforcement action resulted in the client having to obtain an Environmental Resource Permit, which was obtained. It required the payment of mitigation credits, which were paid. The mitigation credits were in excess of $47,000. October 24, 2024 Page 8 And then the -- also as a part of that he had to rehabitate several acres of the property with a botanist who then had to subject to a multiyear maintenance plan. All of that was completed in September -- sorry, June of 2021. And so there was a multiyear compliance period with DEP that took place. And, frankly, the client simply did not understand that that was not the resolution of the environmental piece of this case. And so when we're looking at the factors here for mitigation on the gravity standpoint, the fines that are before you today are the fines just from March. But as of March, there was a closed DEP permit, which is to say not just an issue to ERP; it was fully closed by the Department after inspection. The single-family-home permit was issued. The only thing that had not been issued was the Collier County vegetative removal permit, which was able to be issued without additional site work. And so it's not as if there was some large issue. And I think the county agrees in their executive summary that there's not a health-and-safety issue here. It's kind of a paperwork issue. And while we agree paperwork is important, I don't know that fining as a result of paperwork serves the goals of Code Enforcement. The actions here to correct and the cost to correct were fairly substantial. There was approximately $10,000 worth of trees that had to be purchased and planted on the property in addition to the offsite mitigation. So on-site/offsite mitigation total is around $58,000. So there's a substantial amount already paid towards all of this compliance here. There are no other violations. The timing is really the part of this that makes this seem untenable, because it certainly took a significant amount of time. It's a 2017 case. And what we can submit on that front is simply that as a result of the compliance actions that were taken, the property's currently in October 24, 2024 Page 9 a better environmental state than it was. All the exotics were removed. They were replanted on site with the cypress trees and live oaks and other DEP-approved species. It was actually several hundreds of trees, thousands of grasses and bushes, and that needs to be taken into consideration here because there simply just was a misunderstanding of the multi-jurisdictional overlay here. And when he received the letter from DEP, which I have here -- and I could put on the document cam if it's -- if you would like to see it, but when a defendant receives a letter from the State of Florida saying, "Thank you, you've done what needed to be done environmentally on this site," that is -- that can create some confusion as to the fact that the county was not done with this. And I certainly am not arguing that ignorance of the law is a defense, because it's not, but part of your factors is an equitable analysis, and if we're looking at this and we're looking at compliance, the end result was a property that is more environmentally sound than it was before he did anything and fully documented -- we have all the permits from all proper agencies standing before you today. On the hardship piece, I do want to touch on because it wasn't included in the executive summary here. This is an active construction site, so there are construction loans in place. Putting a lien on the property will potentially interfere with that process and maybe further delay the build. And so we think that because the major issues, the house issue, and the wetland area that was -- the multi-acre wetland area that was rehabilitated, this militates in favor of waiving all fines. No costs. We will pay all costs associated with it. But the fines have been -- basically, close to double the amount in fines was paid to get this site into compliance. And I'd love to answer any questions or provide any documentation based on my statements. And just for the record, my client submitted an affidavit attesting to the facts in October 24, 2024 Page 10 the motion. CHAIRMAN KAUFMAN: And question to the county. Both of these, 1 and 2, have now been abated as of April; is that correct? MR. HOLMES: As of the date stated, September 16th, 2024, it's been approved by the environmental director. CHAIRMAN KAUFMAN: And that -- it says Part 1, April 7th, 2022? MR. HOLMES: One, yes. CHAIRMAN KAUFMAN: That was done? MR. HOLMES: Yep. CHAIRMAN KAUFMAN: So at this stage everything has been done? MR. HOLMES: At this juncture the property is considered compliant. CHAIRMAN KAUFMAN: Except for the $35,259 that is past fines; is that correct? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Well, I have a comment. I mean, don't cut the trees down and build a house without a permit. CHAIRMAN KAUFMAN: That would solve the problem. Okay. BOARD MEMBER CURLEY: I appreciate everything that you've said, but it's really bad. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? BOARD MEMBER ELROD: I'd like to make a motion to deny the county the imposition of the 35,200 but pay the 59.49 within 30 days. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? October 24, 2024 Page 11 BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Nay. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Motion fails. Okay. BOARD MEMBER FUENTES: Sue? No, no, no, no. BOARD MEMBER CURLEY: I'll make a motion to reduce the fines to $5,259 in addition to the operating cost of 59.49 today, payable in 30 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: No. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes with two [sic] nos. October 24, 2024 Page 12 MR. LOMBARDO: Could I get clarification on the number? BOARD MEMBER CURLEY: 5,259.49. It's plus the 59.49. MR. LOMBARDO: Thank you very much. I appreciate your consideration. CHAIRMAN KAUFMAN: Okay. Moving ahead. MS. BUCHILLON: Moving ahead. We're still under imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 12, CEPM20200000363, Ozlyn Garden Villas A Condominium. BOARD MEMBER BHATLA: What's the number again? CHAIRMAN KAUFMAN: Twelve. BOARD MEMBER CURLEY: The last one. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MR. LETOURNEAU: I do. MR. WOODARD: I do. CHAIRMAN KAUFMAN: Give us a minute to look this over. BOARD MEMBER FUENTES: Whoa. CHAIRMAN KAUFMAN: Okay. Jeff, I like old music, I listen to the oldies, and this is an oldie. MR. LETOURNEAU: That is correct. You guys ready? MR. JOHNSON: Yep. MR. LETOURNEAU: All right. For the record, Jeff Letourneau, Collier County Code Enforcement. Past orders, on October 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, October 24, 2024 Page 13 OR5846, Page 2405, for more information. On July 22nd, 2021, January 27th, 2022, and June 23rd, 2022, the Code Enforcement Board granted a continuance. See attached orders of the Board in Documents and Images for more information. The violation has been abated as of July 30th, 2024. Fines and costs to date are as follows: Fines have accrued at the rate of $250 a day for the period from April 22nd, 2021, to July 30th, 2024, totaling 1,196 days, for a total fine amount of $299,000. Previous assessed operational costs of 59.21 have been paid. Operational costs for today's hearing are 59.84. Total amount: $299,059.84. The gravity of the violation: Non-health and safety. Actions taken to abate: A dock permit, PRMAR20230832993, was issued, inspected, and finaled. No previous violation by the property owner. No other relevant factors. CHAIRMAN KAUFMAN: Okay. Sir. MR. WOODARD: Good morning. My name's Cameron Woodward. I'm here on behalf of Ozlyn Garden Villas. So just a little bit of background: The code enforcement violation began in 2010 due to the iron fasteners holding the dock decking to the piling. It rusted through, effectively causing a portion of the decking to collapse. The condominium -- this is a -- Ozlyn Gardens Villas is a small condominium association consisting of 12 units. It was constructed in 1974. In late 2018, the association recognized that the boat docks, which are a common element, had reached the end of their usable life and began the process of replacing them. A contractor, at that time Imperial Marine Construction, which October 24, 2024 Page 14 is based out of Marco Island, was retained. They applied for a permit in 2019. A permit -- the permit required a pre-application meeting. At this pre-application meeting, the association was incorrectly informed that a Class 1 fire-suppression system would be required. That requires the construction of a fire hydrant and the association tying into the county fire hydrant system. The nearest county fire hydrant at that time was on the corner of Pine Street and Becca, and tying into that system would have required the horizontal boring underneath both Becca -- I'm sorry -- Pine Street and Arbutus and digging trenches along the north side of Becca Street to reach the association property. Several board members, myself included as the association attorney, sought quotes in order to get just kind of an estimate as to what that would be. Michael Penn of Penn Construction informed me orally that just to generate a quote would be roughly $20,000, and it would likely cost over 200,000 to actually install the system. The association then retained, at the advice of the dock contractor, Turrell, Hall & Associates to do the actual dock design, and they recommended Blair Foley for the Site Improvement Plan for the dock design, which would be on the water side of the process. Unfortunately, due to the age of the association, there was no site plan to be improved upon, which then meant that the association had to effectively create one from scratch, so that included surveying of the entire property, all improvements on the property, elevations, a landscape survey, creation of a new landscape plan with code-compliant landscape buffers, the creation of a manatee plan due to docking facilities are now required to have effectively a manatee plan to inform unit owners and members of the general public about the health and safety regarding manatees, as well as a fire plan. A secondary pre-application meeting was held just due to the time frame that had passed from the first one. That was held after October 24, 2024 Page 15 we received confirmation from Thomas Mastroberto of Collier County fire safety that the Class 1 standpipe safety was actually in error, that requirement, and the correct requirement was for a dry standpipe, which is just simply an empty pipe which runs basically from the parking lot halfway down the boat docking facility so that in the event was there a fire, a fire truck could back up, they could hook up to the pipe and pump water through the pipe so that the hose-lay distance was less than 150 feet. This represented a significant reduction in the overall cost and made the replacement of the docks actually feasible for the association. CHAIRMAN KAUFMAN: What was the date of that? MR. WOODARD: The date of that confirmation was -- it was confirmed with -- at that time Board President William Roach had that conversation on February 20th, 2021. I confirmed it on March 4th, 2021, that that was, in fact, correct. Following that, a secondary pre-application meeting was held in which Blair Foley, who was retained to do the site-plan work, along with Nick Pearson of Turrell, Hall & Associates were in attendance, as well as myself. At that time this was confirmed, the dry standpipe to be the correct requirement, and Blair Foley began the process of doing the entire site plan and the Site Improvement Plan for the new engineer. And so the surveys were ordered. Surveyors were on site. The damaged docks on April 1st, 2021 -- the decking on the damaged docks were removed so that any public health-safety requirements, any public -- any threat at all that would have possibly occurred by having them there was remedied at that time, and that was before the compliance deadline that was imposed. But the docks still had not been replaced, and the association continued moving forward with that process. October 24, 2024 Page 16 Later, after a conversation with the fire safety department, it was recommended by Blair Foley that a variance could be sought for the fire safety compliance, and that was submitted in October of 2022 after we had submitted the actual site plan, and that was under review. That variance was granted, and so we went, essentially, from an incorrectly required fire hydrant to a dry standpipe to now with a certificate of completion issued. We now have fire extinguishers. That is the -- what has been actually approved and has been permitted by Collier County and approved, and that is just due to the fact that this is a recreational dock facility and not some sort of commercial marina where it would make more sense to have either a fire hydrant or a dry standpipe. CHAIRMAN KAUFMAN: And that was in 2022? MR. WOODARD: Yes. The -- CHAIRMAN KAUFMAN: What month? MR. WOODARD: Let's see here. Excuse me for one moment. BOARD MEMBER BHATLA: It says October. MR. WOODARD: So in August 8th, 2022, the variance request was submitted, and it was approved on October 10th, 2022. CHAIRMAN KAUFMAN: Okay. MR. WOODARD: And I have a copy of that if you would like to review that. CHAIRMAN KAUFMAN: Okay. MR. WOODARD: There was -- with review of the -- with the site plan and with the site improvement portion of it for the boat docks, there was significant back and forth with Collier County and the Environmental Review Department. They obviously have an opportunity to review, make comment letters. Comment letters were issued. There were some issues with clarification with regard to the October 24, 2024 Page 17 number of boat slips. There are 12 units, and one unit -- there was 12 units in the association. There was one boat slip per unit. And there is a fishing pier, essentially, just a boat -- just a dock that runs along the north edge of the property, and there was some concern among the county staff that this was, in fact, some sort of unpermitted and unspecified 13th boat slip. That was taken care of by issue -- by replacement of "no mooring" signs. There are no boat cleats on that portion, and there is no way to tie up, and so that was rectified. The overall cost to bring this property into compliance is well in excess of $80,000, and this is a multiyear effort on behalf of the association, which predates this code enforcement action by several years. BOARD MEMBER FUENTES: I'm going to make a motion here. I make a motion that we go ahead and reduce the county's fines to $4,500 and that we do get the operational costs for today of 59.84 to be paid within 30 days. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none. BOARD MEMBER FUENTES: I'm trying to reduce it as much as possible. MR. WOODARD: Yes. That is -- that is the goal we've had. You know, in the interim here, this is a small association. BOARD MEMBER FUENTES: Totally understand. MR. WOODARD: We have -- COVID-19 was a significant delay. The hoops that we were thrown through with -- now I completely understand the county needing to have site plans. It's an important function. The county needs to know what's actually on the property, and not having been around in the 1970s, I understand October 24, 2024 Page 18 things were probably done a bit differently in the 1970s. BOARD MEMBER CURLEY: Yeah. But you've put forth all the effort to get all the site plans, but you got the wrong information several times. MR. WOODARD: Yeah. BOARD MEMBER CURLEY: This is like a heart attack for 12 owners knowing that they have to afford expenses and then being told we made a mistake. So I'm very sorry that that happened to your customer. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Well, we have a motion. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. It passes. MR. WOODARD: Thank you very much. CHAIRMAN KAUFMAN: Do you want to repeat the fine or -- BOARD MEMBER FUENTES: The fine was $4,500, and today's operational costs of 59.84 to be paid within 30 days. MR. WOODARD: Thank you very much. BOARD MEMBER FUENTES: Absolutely. Take care. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. October 24, 2024 Page 19 MS. BUCHILLON: Okay. Next we are back up at public hearings under motion for extension of compliance deadline. Number 3, CEVR20210010022, Jason Brady and Nicole Brady. BOARD MEMBER CURLEY: So not impositions anymore? Regular cases, not an imposition? MS. BUCHILLON: No, no. We're at the beginning of the agenda, the extensions. BOARD MEMBER CURLEY: Sorry. Thanks. CHAIRMAN KAUFMAN: Where's the Brady one? No. I know where it is on here. BOARD MEMBER CURLEY: It's Page 2 on our regular agenda. BOARD MEMBER FUENTES: I don't have anything else. I already looked. MS. BUCHILLON: It was at the beginning of the packet I gave you. It says Extension of Time No. 2. CHAIRMAN KAUFMAN: That's No. 2. MS. BUCHILLON: I mean, I'm sorry, 3 on the agenda, but on what I wrote it on here it says 2. CHAIRMAN KAUFMAN: It says 2? MS. BUCHILLON: Yeah. CHAIRMAN KAUFMAN: Number 2 says Mattei and Machado. BOARD MEMBER CURLEY: Brady. CHAIRMAN KAUFMAN: That's this 2. We have more than one 2. We have to change our numbering systems, I think. 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. MR. BRADY: I do. October 24, 2024 Page 20 CHAIRMAN KAUFMAN: Okay. Rick? You're asking for an extension of time on this? MR. BRADY: Yes, I am. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. BRADY: Sure. Jason Brady, B-r-a-d-y. CHAIRMAN KAUFMAN: Okay. This was a clearing of vegetation prior to getting a vegetation removal permit. MR. BRADY: Yes. Just to give you some context, I've been here a few times. I purchased the land in 2021, and the previous owner had actually created the violation and cleared the land without a permit. He was -- the agreement of the sale was that he was going to make that right, and he didn't, and I bought the problem. I could have walked away, but I ended up buying the land. And since then, three years, I've been diligently and patiently following procedure and process and patiently jumping through the hoops. So I've got a DEP permit, 404 permit. It took a couple years. And I've been coming to you guys for a couple of years on the -- BOARD MEMBER FUENTES: That's all we had to hear. What kind of extension are you looking for? MR. BRADY: Ideally, as long as possible. I want to wait for the climate to calm down a little bit before we break ground. BOARD MEMBER FUENTES: You've got to give me the extension time you're looking for. MR. BRADY: One hundred eighty days, please. BOARD MEMBER FUENTES: All right. I'll make a motion to grant the extension of 180 days. MR. BRADY: Thank you. BOARD MEMBER ELROD: Second. BOARD MEMBER CURLEY: Second. October 24, 2024 Page 21 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: If you need more, come back before that 180. MR. BRADY: Sure. Thank you very much. CHAIRMAN KAUFMAN: The trees should grow by then. MR. BRADY: They have already. MS. BUCHILLON: We're still under extension of times. Now, this is actually No. 2, CESD20230002663, Gerry Gonzalez and Laura Gonzalez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MS. LAURA GONZALEZ: I do. MS. STACY GONZALEZ: I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MS. LAURA GONZALEZ: Laura Gonzalez. CHAIRMAN KAUFMAN: Okay. And? MS. STACY GONZALEZ: Stacy Gonzalez. October 24, 2024 Page 22 CHAIRMAN KAUFMAN: Okay. You must be related. MS. LAURA GONZALEZ: Yes. She's my daughter. MS. PEREZ: Good morning. For the record, Cristina Perez, Code Enforcement supervisor. Ms. Gonzalez is here requesting for an extension of time, so I'll let her explain her situation. CHAIRMAN KAUFMAN: Okay. MS. LAURA GONZALEZ: The last time I was here, y'all gave me an extension -- I mean, permission to -- for permits. But my -- I misunderstood the date that the permit was finished. So we didn't finish the house to where we needed to, so I need an -- at least a 30-day extension -- CHAIRMAN KAUFMAN: Okay. MS. LAURA GONZALEZ: -- to finish. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Okay. I make a motion to grant 60 days. CHAIRMAN KAUFMAN: Sixty. MS. LAURA GONZALEZ: Thank you. BOARD MEMBER FUENTES: You're welcome. CHAIRMAN KAUFMAN: I second it. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. October 24, 2024 Page 23 MS. LAURA GONZALEZ: Thank you. CHAIRMAN KAUFMAN: So you have 30 days and then another 30 days to think about it. MS. LAURA GONZALEZ: Thank you. MR. PEREZ: Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: Number 4 on the agenda. On your paper it says No. 3. CESD20240000449, Monise Etienne. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. ALCANTAR: Yes. MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Brian. MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. We're here today to discuss a case for some unpermitted alterations, and we have Ms. Guzman -- or, I'm sorry, Alcantar here today to represent Monise for the property for Case CESD20240000449. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. ALCANTAR: Maria Alcantar. CHAIRMAN KAUFMAN: Okay. And you're here representing... MS. ALCANTAR: Monise Etienne, yes. CHAIRMAN KAUFMAN: Okay. This was an unpermitted addition to a rear of a residence -- MS. ALCANTAR: Yes, sir. CHAIRMAN KAUFMAN: -- that included plumbing, electrical, everything. October 24, 2024 Page 24 MS. ALCANTAR: Yes, sir. CHAIRMAN KAUFMAN: So you're looking for more time? MS. ALCANTAR: Yes, we are. The light at the end of the tunnel; we're getting there. CHAIRMAN KAUFMAN: It's not a train, is it? MS. ALCANTAR: No. Not -- hopefully not. But yes, we have the permit. She has started to do heavy work and getting situated to hopefully get this done and over. I believe I requested about five months. We're looking about that, time to get everything completed and be in compliance and move on happily ever after. CHAIRMAN KAUFMAN: Okay. Questions? Anything from the county? MR. OWEN: No, sir. CHAIRMAN KAUFMAN: No problems contacting the respondent, et cetera? MR. OWEN: No. Very easy to get ahold of, so -- the permit has been applied for. It was issued as of October 7th, so -- all those inspections are going to take some time, so -- the reasonable amount of time is for you to decide. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Maria, how much time do you think you need? MS. ALCANTAR: A good five months. If we can get the six months, I would greatly appreciate it, because it is a lot to get done. So with the holidays and the hurricane, it's a little bit of a setback. BOARD MEMBER FUENTES: All right. I'll make a motion to grant the extension for six months. MS. ALCANTAR: Thank you so much. Thank you. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? October 24, 2024 Page 25 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. ALCANTAR: Thank you. THE COURT REPORTER: Who was the second? BOARD MEMBER CURLEY: Second. THE COURT REPORTER: Thank you. MS. BUCHILLON: Next up, under hearings, first stipulation, No. 3, CESD20230005511, Nixo A. Lopez and Nixaida Lopez. MR. LOPEZ: Good morning. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LOPEZ: I do. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Okay. You want to read that into the record for us? MS. PEREZ: Yes, sir. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This morning I met with Mr. Nixo Lopez in the hallway. We discussed the stipulation, and it reads as follows: Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 October 24, 2024 Page 26 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy to either keep or remove all the unpermitted interior renovation work to the structure in question within 180 days 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 inspector -- investigator perform an 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 provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is there any particular reason why it's six months? MS. PEREZ: So in our discussion, he had to -- he has to start all over -- he had to start all over with a permit consulting company. So he had a contractor when this case initially started, started the paperwork. They did apply for a permit. The permit was rejected, and he had quite a lengthy substantial correction letter. He had some fallout with that contractor, had to find a new one, and he did show me plans where he does have -- he has started the plans with this -- with this new consultant, but unfortunately, they haven't submitted for that yet. So it's to allow them time to be able to submit the paperwork and then do the work that needs to be done. The other issue is he's permitting the structure, but there might be some issues with square footage. So he may have to go back to the drawing board and redesign the structure if it doesn't get approved October 24, 2024 Page 27 the way he's submitting it. And the other option he said to me was "if this becomes too complicated, I'm just going to demolish it." CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please. MR. LOPEZ: Nixo Lopez. CHAIRMAN KAUFMAN: Okay. So you think you're going to be able to get this done within six months? MR. LOPEZ: Oh, yeah. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ: Yes. CHAIRMAN KAUFMAN: I like your confidence in that. Okay. Questions, comments, motions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll make a motion that we grant 180-day extension on this. MS. BUCHILLON: It's a stipulation. CHAIRMAN KAUFMAN: I mean the stipulation. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: One hundred eighty days. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? October 24, 2024 Page 28 (No response.) CHAIRMAN KAUFMAN: Okay. MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: You have six months. MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: You pick the right contractor this time? MR. LOPEZ: Yes. I think so, yeah. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ: Thank you. MS. BUCHILLON: Next stipulation, No. 7, CESD20240004693, Marisol Morales Ponce. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. SIERRA: We do. Yes. MS. PONCE: I do. THE COURT REPORTER: Are you translating? MR. SIERRA: Yes. THE COURT REPORTER: Okay. I need to swear you in as a translator. Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. SIERRA: I do. THE COURT REPORTER: Okay. And your name? MR. SIERRA: Luis. THE COURT REPORTER: Luis what? MR. SIERRA: Sierra, S-i-e-r-r-a. CHAIRMAN KAUFMAN: Brian, do you want to read the October 24, 2024 Page 29 stipulation into the record for us? MR. OWEN: I would love to. For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties, 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, shut off all unpermitted electrical power sources on electrical improvements until such electrical work is addressed with a valid building permit or demolition permit, related inspections, and certificates of occupancy or completion within seven days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Number 3, obtain all required Collier County building permits or demo permits, inspections, and certificates of completion/occupancy for multiple air-conditioning units installed on RV trailers and sheds, converting/altering a garage, sheds, and the conversion of the lanai into a living space within 120 days of the hearing, or a fine of $500 per day will be imposed until the violation is abated. The respondent must -- No. 4, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request an investigator perform a site inspection to confirm compliance; Number 5, that if the respondent fails to abate the violation, the county may abate the violation using any 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. BOARD MEMBER FUENTES: So I'm not a big fan of the stipulation here only because the case was opened in June 2024. We're in October, entering November. Jeff -- and feel free to interrupt me here, Kevin, but I just feel October 24, 2024 Page 30 that for this particular case, we've got electricity running, non-permitted structures, buildings, whatever the case may be dated in June, several months in. I just feel like this is one of those cases that we should hear and determine if a violation should be imposed versus agreeing to a stipulation. And what would be the reasoning, I guess, from June all the way till now where the stipulation is being introduced? MR. OWEN: The time frame, they actually have three cases for the property, and we were working through those three different cases. And while working those cases, she has retained a contractor for the violations that are presented today. BOARD MEMBER FUENTES: Okay. MR. OWEN: So we were working through trying to get to compliance, and we didn't -- haven't gotten to compliance, so we are here today for the hearing of the stipulation. CHAIRMAN KAUFMAN: Originally, when this was in -- when it was violated, is this a referral from Contractors Licensing? MR. OWEN: No. This actually came from one of the tenants of the unpermitted structures on the property. CHAIRMAN KAUFMAN: And it was an electrical complaint? MR. OWEN: No. It was a complaint for unpermitted and overoccupancy of the land. CHAIRMAN KAUFMAN: Ahh. MR. OWEN: You've got three trailers occupied, two sheds occupied, a converted garage occupied, and an apartment built under the lanai. CHAIRMAN KAUFMAN: So all of those began in the early summer? MR. OWEN: (Nods head.) CHAIRMAN KAUFMAN: And here we are in the early fall. October 24, 2024 Page 31 The electrical is still on? MR. OWEN: I haven't been able to verify if it is or isn't. BOARD MEMBER FUENTES: Why is that? MR. OWEN: Because I've only been out there three separate times. BOARD MEMBER FUENTES: I guess what I'm asking is are you obtaining the feeling that they're trying to comply, or is it feeling a bit difficult to -- MR. OWEN: Yes. So two of the trailers have been removed. One remaining trailer is registered to Ms. Mirasol, and the two sheds have ceased occupancy, so... CHAIRMAN KAUFMAN: Okay. Turning off the power is not a big deal -- MR. OWEN: Not at all. CHAIRMAN KAUFMAN: -- in seven days? Okay. BOARD MEMBER CURLEY: People were living in sheds? MR. OWEN: That is correct. They are converted into small homes. BOARD MEMBER FUENTES: I'm not a fan of the stipulation. If you guys want to move forward with it, that's fine, but if it doesn't get corrected, I would most definitely impose the fines immediately, and I definitely don't like the $200. What is the amount here, 500? Oh, 500's not bad. CHAIRMAN KAUFMAN: Two fifty a day. BOARD MEMBER CURLEY: A make a motion to hear the case. BOARD MEMBER RUBENSTEIN: I'll second. BOARD MEMBER CURLEY: I think it's a fire hazard, and I think it's a life-safety issue for whoever's renting there. CHAIRMAN KAUFMAN: Okay. You're making a motion to deny the application for stipulation? October 24, 2024 Page 32 BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUBENSTEIN: And I seconded. CHAIRMAN KAUFMAN: And we have a second. Any discussion on that motion? BOARD MEMBER FUENTES: I agree. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. So what's going to happen is we're going to hear this case, and we're going to hear it probably at the end of the agenda. Does that fit your schedule, Helen, or do we want to hear it right now? MS. BUCHILLON: Oh, no. We can hear it now. We have them up here. MR. LETOURNEAU: Brian, are you prepared to hear it right now or -- MR. OWEN: I haven't shown them any of the photos. MR. LETOURNEAU: We would like to just maybe move it down a little bit -- MS. BUCHILLON: Yeah. Whenever he's ready. MR. LETOURNEAU: Yeah, when the investigator's ready. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Thank you. MR. SIERRA: We have to sit down? October 24, 2024 Page 33 BOARD MEMBER FUENTES: Yeah. CHAIRMAN KAUFMAN: Okay. In the meantime, moving forward. MS. BUCHILLON: Moving forward, we are still under hearings. Next case would be No. 2, CESD20220005510, Priscilla Cisneros and Sergio Garcia. BOARD MEMBER CURLEY: Did you say No. 5, Helen? MS. BUCHILLON: No. Number 2. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COOPER: I do. MS. CISNEROS: I do. MR. GODINEZ: I do. CHAIRMAN KAUFMAN: Okay. If you would state your name on the microphone for us, please. MS. CISNEROS: Priscilla Cisneros. MR. GODINEZ: Jesus Godinez (phonetic). MR. COOPER: Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Craig, do you want to start your case? MR. COOPER: Yes, sir. For the record, Craig Cooper, Collier County Code Enforcement. This is in reference to Case CESD20220005510 dealing with the violation or violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.02.06(B)(1)(e)(i), a mobile home and roof structure added to the property prior to obtaining a Collier County building permit. Location's at 571 Platt Road, Naples, Florida, 34120. Folio October 24, 2024 Page 34 00111720004. Service was given on June 20th of 2022 by posting of the property. This case was initiated as a complaint to Contractors Licensing for the unpermitted installation of two mobile homes and a roof structure connecting the two units. As it was concluded, there was no contractor involvement. The case was referred to Code Enforcement. Initial contact was made on June 17th of 2022. The owner's point of contact was Mr. Jesus Godinez. Research concluded one permit was issued in 1997 for a mobile home, but no permit was found for the second unit or the roof structure. Additionally, the permitting case that -- additionally, the case there was also a vegetation removal case opened. On July 20th of 2022, then Investigator John DeLia and Mr. Godinez met with Ms. Jaime Cook, director of Developmental Services, to go over the clearing case. It was noted that the clearing had to be addressed prior to the building permit because it would justify some of the clearing was made to relocate the mobile home where they were currently situated on the property. Although Mr. Godinez claimed the clearing was done over the course of time by hand, due to the extent of the clearing, a vegetation removal permit was required, to which the owner submitted the application that day after the meeting. A rejection letter was sent to the owner on September 15th of 2022 requiring an informal wetlands determination. The vegetation removal permit application was resubmitted on June 12th of 2023, and the permit was approved on June 15th of 2023 with no additional conditions. I began working on this case in November of 2023. Access to the property has not been granted to me or the previous investigator. October 24, 2024 Page 35 I reviewed the Property Appraiser's aerial photos to familiarize myself with the location of the structures in question. The aerials in the evidentiary exhibit will show the change in the landscaping and the replacement of the structure and mobile homes in question. During my initial contact with Mr. Godinez, he advised me that the architect was working on the plans to submit for a permit. Over time, I was informed that the architect had become hospitalized, and they would need to find a new architect to continue with the project. Additional time was granted. Permit PRAC20230415693 was submitted on April 14th of 2023. The permit was denied, and it expired on October 11th of 2023. This case was prepared for hearing. I would like to present case evidence in the following exhibits: Property Appraiser website aerial photos from 2020, 2021, 2022, 2023, and 2024; two photographs of the mobile home and roof structure taken by then Contractors Licensing Investigator Orlando Ramos. These photos are stored on a share drive to which I have access; one photo I took October 21st, 2024, showing lights on during the evening. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those pictures? MR. GODINEZ: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. BOARD MEMBER ELROD: Make a motion to accept the photos. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. October 24, 2024 Page 36 All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: (Absent for vote.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. COOPER: Okay. Here's the aerial from 2020, of 2021, 2024, 2023, and most current of 2024. CHAIRMAN KAUFMAN: So if you go back to the original photo you showed, the first one -- MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: -- there was nothing on the property? MR. COOPER: There seemed to be two structures. Right here, right here, right here. CHAIRMAN KAUFMAN: Okay. And dramatic change after that. MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. COOPER: And here is the picture the Contractor Licensing took from a legal vantage point, and the second. And here is a photo that I took, and here's the property in question showing electricity on at night. CHAIRMAN KAUFMAN: In other words, somebody's living there, presumably? MR. COOPER: Possibly. Presumably, yes, sir. October 24, 2024 Page 37 CHAIRMAN KAUFMAN: Okay. Does that conclude your photos? BOARD MEMBER RUBENSTEIN: That concludes what I have to present. CHAIRMAN KAUFMAN: Okay. Your turn. MR. GODINEZ: Yeah. When the property was purchased, it was heavily wooded by exotics. As far as we know, there's no permit needed if you do hand removal of vegetation. So that's actually what we did. All that you see on the picture, it was all exotics. So we actually took about a year or something to get rid of them. There was the two structures there. The only thing that wasn't there was the roof in between the both trailers, which we did put that roof and got a permit, and it got denied, but you couldn't see the structures because of how heavily the exotics were there. CHAIRMAN KAUFMAN: So you have no permit, then? MR. GODINEZ: We did pull a permit, and we're working now. CHAIRMAN KAUFMAN: A permit that was denied is the same as no permit. MR. GODINEZ: Correct. Well, the -- Don Hill was actually the architect working with us to get the permits situated. So he actually is 94 now. He retired because he got ill. We actually now have acquired another architect to help us with the project so we can actually go in for permitting. CHAIRMAN KAUFMAN: This has gone on for years, 2022. Go ahead. MS. CISNEROS: I apologize. It did take us a little bit to get an architect that would want to take on a small project, and the survey was very far out, so we had to obtain a survey. Our biggest battle was the wetland determination, the vegetation removal permit. So that's the delay in that. We want to find an affordable architect and the survey. I do apologize. It has dragged out. October 24, 2024 Page 38 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I have a question. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: Sometimes just naturally you might have photographed the hand removal of the exotics, you know -- MR. GODINEZ: We did. BOARD MEMBER CURLEY: -- day-to-day. Were you able to provide any of those photos? MR. GODINEZ: Yes, with the -- with Collier County, yes, we did with that. BOARD MEMBER CURLEY: Was that helpful at all? MR. COOPER: I don't have them in my possession, no. MR. GODINEZ: But that was with wetlands from Collier County with them, yes. We actually did that. It took about a year and a half to get that resolved. MS. CISNEROS: And we did give that to Jaime Cook. MR. GODINEZ: Yes. She's actually the one in charge of the Collier County for the environmental. CHAIRMAN KAUFMAN: Okay. So the point we're at right now is whether we find a violation or not. Anybody want to make a motion from the Board whether a violation exists? BOARD MEMBER RUBENSTEIN: I'll make the motion that a violation exists based on the evidence presented. CHAIRMAN KAUFMAN: Okay. And we have a second? BOARD MEMBER FUENTES: Second. BOARD MEMBER BHATLA: Second it. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. October 24, 2024 Page 39 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, do you have a suggestion for us as to how to bring this into compliance? MR. COOPER: I do. CHAIRMAN KAUFMAN: Okay. MR. COOPER: 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. Abate all violations: One, by obtaining all required Collier County building permits or demolition permit, inspections, and certificates of completion/occupancy to keep or remove the unpermitted mobile home and roof structure 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 Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed by [sic] the property owner. CHAIRMAN KAUFMAN: Okay. I like your suggestion. Anybody want to -- I'll make that motion that you did, the 59.28 paid within 30 days, 120 days to get into compliance, or a fine of October 24, 2024 Page 40 $200 per day. That's my motion. BOARD MEMBER ELROD: Second. BOARD MEMBER CURLEY: Well, do they have to get the second mobile home permitted? Because that's going to take more than 120 days. MR. COOPER: They do have to have the second mobile home permitted. BOARD MEMBER RUBENSTEIN: I'll second your motion. CHAIRMAN KAUFMAN: Okay. We have a motion and second. BOARD MEMBER CURLEY: Oh, excuse me. I didn't know it wasn't seconded. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Go ahead. BOARD MEMBER CURLEY: I'd like to comment about it. So I guess I just want to be realistic about slapping a big fine on these people at day 121 if they don't, you know, get everything organized and are able to do it within the means of their budget, so... MR. COOPER: I mean, I would probably -- due to the permitting and how long it takes, 180 days. BOARD MEMBER CURLEY: Can we lower the fine a little bit just in case things get hairy? CHAIRMAN KAUFMAN: We have a motion that's been seconded. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Is there any health and safety violations that you see at this point? BOARD MEMBER FUENTES: If it's not permitted, it's a health-and-safety issue. MR. COOPER: Yeah. I mean, without a permit, there's health October 24, 2024 Page 41 and safety, and I also have not been on the property. BOARD MEMBER CURLEY: That's a problem. CHAIRMAN KAUFMAN: That's a problem. MR. LETOURNEAU: Yeah. We don't what the electric situation is with the second mobile home there. BOARD MEMBER FUENTES: Why haven't you been on the property there? BOARD MEMBER RUBENSTEIN: And my question -- my second question is for you. Who's living in this property at present? MR. GODINEZ: We have a friend that is staying their right now. BOARD MEMBER RUBENSTEIN: So it's a renter? MR. GODINEZ: Yes. BOARD MEMBER RUBENSTEIN: Are you collecting rent? MR. GODINEZ: Yes. BOARD MEMBER FUENTES: Craig, why haven't you been on the property yet? MR. COOPER: Well, I took over the case in November, and when I made the request on Tuesday, Mr. Guarinez said that he would get with the property owner, and then I don't know what happened. When you called me, I asked if we could schedule time for me to come over to the property, and then -- CHAIRMAN KAUFMAN: You're waiting for a call back? MR. COOPER: Yes. BOARD MEMBER FUENTES: Lack of compliance? MR. COOPER: I just wasn't able to get on the property, and we spoke on Tuesday. MR. LETOURNEAU: Craig, do we know if the Contractor Licensing investigator or the subsequent Code Enforcement investigators were allowed on the property? October 24, 2024 Page 42 MR. COOPER: They were not granted access. MR. LETOURNEAU: Thank you. BOARD MEMBER FUENTES: I'm not agreeing to six months. CHAIRMAN KAUFMAN: Well, we have a motion now that's been seconded for -- BOARD MEMBER FUENTES: Repeat that motion for me one more time. CHAIRMAN KAUFMAN: 59.28 paid 30 days, 120 days to come into compliance, and obviously, if they're not in compliance, after 120 days, they could come back and tell us what progress they've made and ask for an extension, or a fine of $200 a day after the 120 days. MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any other comments on the motion? BOARD MEMBER FUENTES: I feel that due to the lack of compliance to have somebody step on site, if we grant 120 days, they will be back. I feel that if we apply more pressure with a shorter time frame, we can at least have frequent updates on the file where we can know whether or not these permits are being pulled properly, guide them through the process if need be. But if nobody's set foot on that property and we give 120 days, well -- yeah. BOARD MEMBER RUBENSTEIN: Wasn't your recommendation 250 a day fine? MR. COOPER: 200. BOARD MEMBER RUBENSTEIN: Oh, 200. Excuse me. Okay. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. October 24, 2024 Page 43 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. It passes. BOARD MEMBER CURLEY: It wasn't -- MR. JOHNSON: Nay. BOARD MEMBER FUENTES: Two nays. CHAIRMAN KAUFMAN: Two nays. Okay. It passes. So you have 120 days, which is generous, to get the permits pulled or whatever needs to be done. If after 120 days you have a problem, I suggest you come back and ask for an extension of time. But in the meantime, one of the things that weighs heavily on the Board is the inspectors not being given the ability to see the property and see what the problems are. So I just mention that in passing. BOARD MEMBER FUENTES: I mean, if we already know there was a violation present and you're not allowing him to get on site to at least correct it fully so that you don't ever have to come before the Board again, it's kind of, you know, common sense, I guess, right. Like, just let him go on there. Let them see it. That way we can fix it, since we already know it's there. Might as well do it the right way so you guys never have to deal with this again. MR. LETOURNEAU: Also, they're going to have to allow the inspectors for the building permits on the property to get the CO. CHAIRMAN KAUFMAN: Yes. Okay, thank you. Okay, Helen. MS. BUCHILLON: Next case, we are still under hearings, No. 5, CESD20230005772, Jose Martinez. THE COURT REPORTER: Do you swear or affirm you will October 24, 2024 Page 44 translate everything from English into Spanish and Spanish into English to the best of your ability? MS. ALCANTAR: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: Yes, I do. MS. MENDOZA: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. ALCANTAR: Maria Alcantar. MS. MENDOZA: Josefina Mendoza. CHAIRMAN KAUFMAN: You can bring it down. MS. MENDOZA: Josefina Mendoza. CHAIRMAN KAUFMAN: Okay. And you're here representing or -- MS. ALCANTAR: No, just translating. CHAIRMAN KAUFMAN: Okay. So you've been sworn in as a translator? MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: Okay. Maria. MS. RODRIGUEZ: Good morning. For the record, Marie Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD202300005772 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) dealing with the storage container and a walk-in freezer container erected on commercial zoned property without first obtaining the authorization of the required permits, inspections, and certificate of occupancy as required by the Collier County Building Department. Located at 218 October 24, 2024 Page 45 West Main Street, Immokalee, Florida, 34142. Folio No. 81681440008. Personal service was given on October 25th, 2023. I posted property and courthouse. This case was initiated as a complaint on June 30th, 2023. I observed a storage container with a walk-in freezer container on commercial zoned property. I spoke to the business owner, Mr. Diaz, from Oasis, who stated that the metal container had been there since he's been renting the building. I asked if the property owner was in town, and he stated that he was out of the country but would let him know when he arrived. I explained that I would be researching the property for a permit. After researching, no permits were found for either of the containers. On October 13th, 2023, I met with the building official for a determination, and owner was required to obtain a permit for the two containers. On October 25th, 2023, a notice of violation was posted and mailed to property owner. On November 23rd, I spoke to property owner, Mr. Martinez, who stated that he was working with H&L Bennett, Agustin. On November 27th, 2023, Mr. Diaz stated that he was scheduled to meet with Agustin for the survey and to assist with the permitting of the containers. On December 21st, 2023, I spoke to Agustin with H&L Bennett, and he stated that he was so busy that he had to schedule -- that he had scheduled the property to have surveyed on February 28th, 2024. On May 23rd, 2024, owner picked up the survey from H&L Bennett. I have spoken to Mr. Diaz and property owner, Mr. Martinez, on several occasions, but as of today the violation remains. I would now like to present case evidence in the following exhibits: Three photos taken by myself on July 3rd, three photos October 24, 2024 Page 46 taken by myself on October 23rd, 2024; the determination from the building official; the '22 through '24 aerials for the walk-in freezer; the 2002, 2003 aerials which shows no containers; 2004, 2005 where the -- one of the containers appear; the ordinance; the deed. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. RODRIGUEZ: These are not the property owners. The people that came today own the containers. They are renters. So they're renting the property. The owner is in Mexico, but they're here to testify in a sense that -- CHAIRMAN KAUFMAN: Have they -- have you obtained the authorization to talk on behalf of the owner of the property? MS. ALCANTAR: She spoke to the owner and informed him that this needed to be addressed and taken care of, and therefore, he didn't come and show up. So she figured it's better for her to come and try to get a solution. CHAIRMAN KAUFMAN: Kevin? MR. NOELL: Helen, could you provide evidence on the notice that was provided for today's hearing? MS. BUCHILLON: Respondent was notified regular and certified mail October 2nd, 2024, and it was also posted at the property and courthouse October 2nd, 2024. MR. NOELL: Provided that the Board finds that the notice, you know, was sufficient, then they would be -- essentially, it could be treated as the respondent, you know, is absent, obviously. Despite getting proper legal notice, the Board certainly can take evidence from an interested person as well. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: She's also admitting that she spoke to the landlord as well. CHAIRMAN KAUFMAN: We'll do that. Okay. October 24, 2024 Page 47 BOARD MEMBER CURLEY: I have just a question. Is this at the market? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: Okay. We -- since we don't have any objection to the photos, we will take a motion to admit them. BOARD MEMBER RUBENSTEIN: So moved. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Moved and seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RODRIGUEZ: All right. So this is the larger container. And then this is the second container. This is the larger one; it's just sideways. BOARD MEMBER CURLEY: Why does it look so high? MS. RODRIGUEZ: Because I -- BOARD MEMBER FUENTES: Maria's short. MS. RODRIGUEZ: No, because I took it from the side of the property. BOARD MEMBER CURLEY: I see, okay. It hasn't changed. That's the large one. That's the shorter one. CHAIRMAN KAUFMAN: Can I assume that there's electrical connection to the -- that's what makes cold, electricity? October 24, 2024 Page 48 MS. RODRIGUEZ: (Nods head.) BOARD MEMBER ELROD: Is this at the flea market? MS. RODRIGUEZ: No. This is on Main Street. And then there's one here, one there. BOARD MEMBER CURLEY: I guess to try and understand, like, so is it a business or something? MS. RODRIGUEZ: It is. It's a commercial business. CHAIRMAN KAUFMAN: That requires some refrigerated space. MS. RODRIGUEZ: Well, half of it is a restaurant, and then the other half is the convenience store, and they do other stuff like they transfer money to Mexico or Guatemala or whatever. They have different services, and that's what she provides is the services for the store and transferring the money to wherever it needs to go. The other half is the restaurant, which that's why they need the container because it's not big enough to have the freezer inside, so they put the freezer outside. CHAIRMAN KAUFMAN: Okay. So you, in your investigation, have not found any permit for that -- MS. RODRIGUEZ: No. In 2003-2004, you see where the little blue dot is. There is no container here. And then in 2004 through 2009, it appears. There is no permit for that container. The smaller one appeared in 2024. So 2023, 2024. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Does the owner in Mexico -- ma'am, does -- the owner in Mexico, is he the one who ordered the trailer and the freezer to be brought to the property and hooked up? MS. ALCANTAR: The container was later there when they leased, and the freezer is a year ago because they needed the space to October 24, 2024 Page 49 store and refrigerate what needed to be refrigerated for the business. BOARD MEMBER RUBENSTEIN: And what's inside the container? MS. ALCANTAR: Storage for the business, dry foods, dry -- oh, okay. More of a storage, like chairs and cups and tables and that kind of business-related storage. BOARD MEMBER RUBENSTEIN: The property owner didn't order the trailer. It was there when he bought the property? MS. ALCANTAR: Correct, correct. It was already there. The only thing added is the freezer that they needed to be in compliance, I guess, with the restaurant rules and refrigeration. CHAIRMAN KAUFMAN: Okay. Do you have anything else for us, Maria? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: Okay. So you're going to be testifying as a witness, not as the owner of the property. So what I understand -- I'll try to keep this in simple terms -- there was a container of some sort that was added to the property without a permit. MS. RODRIGUEZ: Two containers. CHAIRMAN KAUFMAN: Whether it's one or two doesn't much matter. MS. ALCANTAR: I'm sorry. What was your question to her? CHAIRMAN KAUFMAN: I'm just trying to summarize where we are right now -- MS. ALCANTAR: Okay. CHAIRMAN KAUFMAN: -- because we're going to be voting on whether a violation exists. So so far what I've heard and seen the photos of what was there before and after. There was no permit pulled to put the units that are there now there. MS. ALCANTAR: Yes. So there wasn't anything when they October 24, 2024 Page 50 leased the property; however, when this started coming up, they did hire a company to start working on the permits and the site plan. She has that proof; however, this company lacked communication, information, and just ghosted them completely so -- and then the communication with the owner as well. She has every intent to get permits and bring everything into compliance. CHAIRMAN KAUFMAN: Well, it wouldn't be her. It would be the owner of the property. MS. ALCANTAR: So about a year ago she did purchase the container and the freezer from the owner. So they now belong to her, but she was not aware that they were not permitted. So that's why she started working on getting everything permitted and in compliance. BOARD MEMBER FUENTES: Well, the thing is, she doesn't own that parcel of land. Her getting a permit for something, if I'm not mistaken here, technically, she's getting the permit on behalf of the owner, right? CHAIRMAN KAUFMAN: Yes. MS. ALCANTAR: She did meet with the lady with permitting in Immokalee, and Alamar (phonetic) did tell her that she wouldn't be able to do anything; that they needed the approval of the owner along with the GC to apply for the permits for that container, so she is aware. BOARD MEMBER FUENTES: Unfortunately, a violation does exist. It's just one of the things where I understand she has good intentions, but she's not the owner, and because of that she cannot pull a permit on somebody who owns that parcel of land. Just because she bought an object that sits on it, the object belongs to her. She can relocate that object at any given time if it belongs to her, and then she would be in compliance technically. But she needs to move it. October 24, 2024 Page 51 CHAIRMAN KAUFMAN: Well, she is not out of compliance. It's the owner of the property that is. BOARD MEMBER FUENTES: Correct. CHAIRMAN KAUFMAN: So as far as this case is concerned, we want to know, and you just said it, does a violation exist on this property? BOARD MEMBER FUENTES: It does. BOARD MEMBER CURLEY: Let's make a motion a violation exists. BOARD MEMBER FUENTES: Make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. And we have a second? BOARD MEMBER BHATLA: Yes, I second it. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So, Maria, you have a suggestion for us on this case? MS. RODRIGUEZ: Recommendation: That the Code Enforcement Board orders the respondent to pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required Collier County building October 24, 2024 Page 52 permits or demolition permits, inspections, and certificate of completion/occupancy for the unpermitted storage containers and the walk-in cooler within blank days of this hearing, or a fine of blank per day will be imposed until the violation's abated; That the respondent must notify the Code Enforcement investigator with the violation -- when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. A question is, the owner of the property, does he come into the U.S. often, never, or what? MS. ALCANTAR: Yes. He comes back and forth. CHAIRMAN KAUFMAN: Okay. So our motion on this will assume that he will be here at some point in time to answer the case, if you will. Anybody want to take a shot at filling in the blanks on this? BOARD MEMBER CURLEY: Yeah. I'll fill it in. Sixty days, $200. BOARD MEMBER FUENTES: 200? You guys are soft today. CHAIRMAN KAUFMAN: Okay. We have a motion. And a second? I'll second it. BOARD MEMBER BHATLA: Yep. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: (Absent for vote.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. October 24, 2024 Page 53 BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes 6-1 [sic]. MS. ALCANTAR: Before -- just so I can explain clearly what I understood, so based on Mr. John Fuentes stating that she is not the owner of the land, the property, she is the owner of the two containers, it is her responsibility to either move or -- CHAIRMAN KAUFMAN: That's between -- BOARD MEMBER FUENTES: Let me rephrase it -- CHAIRMAN KAUFMAN: Hold on. That's between her and the owner of the property. The owner of the property has to come into compliance. MS. ALCANTAR: With everything? CHAIRMAN KAUFMAN: With everything, period. MS. ALCANTAR: Okay. Okay. CHAIRMAN KAUFMAN: I don't want to confuse the issue. MS. ALCANTAR: Right, got it. No, no. That's plain and simple. Perfect. Thank you. BOARD MEMBER ELROD: May I ask a question? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER ELROD: If you're renting a business, you can't get permits for equipment for your business if you don't own the property? CHAIRMAN KAUFMAN: Well, we can't -- go ahead, jeff. MR. LETOURNEAU: You can with the property owner's permission. BOARD MEMBER FUENTES: Yeah. It might be just like on a triple-net lease or something. If you had maybe a triple-net lease, maybe it gives you rights to perhaps do simple things like pull October 24, 2024 Page 54 electrical, maybe add a lightbulb or a fan. But usually adding, like, a massive container -- and I understand it was there before the date of purchase -- that would be something probably outside of the lease, and it's going to probably fall just either on him removing it or getting a permit for it, or since it belongs to her, she can just pick it up and probably come into compliance. MR. LETOURNEAU: The reason is, it's going to be a permanent addition to that property. The renters might leave, and the owners still have to deal with it down the road. CHAIRMAN KAUFMAN: Okay. We're done. MS. ALCANTAR: Thank you. CHAIRMAN KAUFMAN: Thank you. Okay, Helen. MS. BUCHILLON: eNext case. Number 7, CESD20240004693, Marisol Morales Ponce. CHAIRMAN KAUFMAN: Okay. This is the one we started earlier -- MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: -- that was originally a stipulation. (All participants were previously sworn.) CHAIRMAN KAUFMAN: Why don't we start from the beginning. You can -- we have the introductions. If you would, state your names, both of you, on the microphone for us, please. MR. SIERRA: Luis and... MS. PONCE: Marisol. CHAIRMAN KAUFMAN: Okay. And present your case. MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. This is in reference to Case CESD2024004693 dealing with violations of Collier County Land Development Code, Section 10.02.06(B)(1)(a), 10.0 -- 10.02.06(B)(1)(e), and October 24, 2024 Page 55 10.02.06(B)(1)(e)(i). Violations consists of but not limited to unpermitted electrical throughout the property, unpermitted plumbing through the property, unpermitted structures on the property, unpermitted conversion of a detached garage to a living space, unpermitted changes to a lanai to partially enclose it in, addition of a laundry room to the back of a detached garage. Located at 511 19th Avenue Southwest, Naples, Florida. Folio 37986320000. Service was given on June 27th, 2024. Case CESD20240004693 was opened on May 20th, 2024, for unpermitted structures with unpermitted utilities. During my initial investigation, I observed the following: Three travel trailers all occupied and being used as living space. All three units had unpermitted mini split A/C units/electrical. There were two sheds being used as living units, also unpermitted mini split A/C units and electrical. By the larger shed, I observed an unpermitted electrical panel distributing electricity to all units. The three travel trailers and two sheds have illegal septic systems. Department of Health was referred the septic system violations and had those abated. Permitted two-car garage was converted to a living space with a laundry room added. No permits on file for those changes. Additionally, I observed an addition under the screened-in lanai. Notice of violation was prepared and issued on June 27th of 2024. Reinspection was completed on August 30th, 2024. Occupants of the travel trailers and sheds have vacated the units. While discussing the case with all agents of the -- with an agent of the owner, I was informed a contractor was retained for permitting of the sheds and all work needed -- needing for permits. At this time, I prepared the case, due to lack of an issued permit, but during my prehearing inspection yesterday, I did find Permit PRFH20241042690 converting the garage to a living space. I have 10 photos that I'd like to show you from May 20th and October 24, 2024 Page 56 four photos from August 30th. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. OWEN: Yes, they have. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MR. SIERRA: I do not. Well, she do not. MS. PONCE: No. CHAIRMAN KAUFMAN: Okay. Get a motion. BOARD MEMBER ELROD: Make a motion to accept the photos. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. OWEN: This is our first shed that was being used as a small home. This is the -- CHAIRMAN KAUFMAN: Can I get you to go back one shot. A couple of questions. Initially, was that ever permitted at all? MR. OWEN: No, sir, it was not. CHAIRMAN KAUFMAN: No permit whatsoever? No living space, no plumbing, no electrical, nothing? October 24, 2024 Page 57 MR. OWEN: Correct. CHAIRMAN KAUFMAN: Gotcha. Okay. Next. MR. OWEN: This photo is the addition of a laundry room on the back of the permitted garage. The interior alterations are unpermitted, though. BOARD MEMBER CURLEY: What is that black stuff? MR. OWEN: That is what you put on block in order to properly stucco it. That is the mini split on the back of the first shed. This is the electrical panel that was used to disperse electricity to the travel trailers and sheds. BOARD MEMBER FUENTES: Is that still present? MR. OWEN: Yes, that is still present. CHAIRMAN KAUFMAN: And was it -- it was never permitted? MR. OWEN: No, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: There's not an electrician sticker on that? MR. OWEN: No, ma'am. This is our second shed that was turned into a living space. MR. LETOURNEAU: Brian, can you go back to the electrical panel. I just want to note they had actual casitas listed on here so that we know that the electric is going to those unpermitted structures. MR. OWEN: Again, the second shed that was converted into a living space. CHAIRMAN KAUFMAN: So that was a shed. It was never permitted as a living space? MR. OWEN: Never permitted to be on the property or a living space, sir. October 24, 2024 Page 58 CHAIRMAN KAUFMAN: Okay. MR. OWEN: This is the mini split on one of the travel trailers. BOARD MEMBER CURLEY: Is that a well? CHAIRMAN KAUFMAN: No. Air-conditioning. MR. OWEN: These are mini split A/C units. BOARD MEMBER CURLEY: Yep. Go back up. There's a hose and a spigot coming from the ground. Is that -- MR. OWEN: That is potable water. BOARD MEMBER CURLEY: It is? MR. OWEN: Yes. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: Was that done, do you know, as a well or -- MR. OWEN: It's most likely tapped into a well. CHAIRMAN KAUFMAN: Okay. MR. OWEN: This is a second travel trailer with a mini split for air-conditioning. BOARD MEMBER CURLEY: No license -- no registration on the trailer? MR. OWEN: That I dealt with in the vehicle case, ma'am. Our third unit with a mini split. The larger shed with a mini split. This is the area under the screened-in lanai turned into a living space. This is the sole remaining travel trailer that is registered to Ms. Ponce. CHAIRMAN KAUFMAN: But unpermitted to be on the property. MR. OWEN: You can have -- it's Estates zoned. You can have that on your property wherever you'd like, sir, as long as it holds a valid registration, which I verified through David, and she's good to go. October 24, 2024 Page 59 CHAIRMAN KAUFMAN: Okay. MR. OWEN: Evidence that the travel trailer is not being lived in. This is the inside of the two-car garage showing evidence of being used as a living space. And then the inside of the covered lanai being used as a living space. CHAIRMAN KAUFMAN: Okay. Is anybody living in that compound? MR. OWEN: The owner, and then the garage is supposedly occupied, as well as this little space is used here and there for entertaining. CHAIRMAN KAUFMAN: So the owner is living in one of the structures. I guess it's the permitted structure -- MR. OWEN: Correct. CHAIRMAN KAUFMAN: -- but not the addition to that structure? MR. OWEN: So the garage is permitted, but the interior alterations to turn it into a living space is not permitted. CHAIRMAN KAUFMAN: Does that include the electrical and plumbing? MR. OWEN: I would believe there would be -- but the garage had electrical. I don't know how it's been divvied up and where the power's going. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: You know, a case like this, when I used to be an investigator, would have driven me crazy. They're hard, yeah. CHAIRMAN KAUFMAN: Okay. Any other photos? MR. OWEN: No, sir. That would be it. CHAIRMAN KAUFMAN: That concludes your case? MR. OWEN: Yes, sir. CHAIRMAN KAUFMAN: Okay, sir. October 24, 2024 Page 60 MR. SIERRA: Yes. CHAIRMAN KAUFMAN: Do you have anything to say on the case? MR. SIERRA: Well, I have been speaking. I'm mostly going to translate everything to her, and then I'm going to come back, if you guys permit me just to say everything that you guys said to my mom, and then I will just come back with you guys. CHAIRMAN KAUFMAN: Okay. No problem. So you've been sworn in as a translator? MR. SIERRA: Yes. CHAIRMAN KAUFMAN: Okay. Great. BOARD MEMBER FUENTES: Brian, just a quick question. You said all the sheds are currently gone? MR. OWEN: No, sir. There were a total of three travel trailers. Two of them have been removed. The remaining travel trailer's registered to Ms. Ponce. The two sheds are still on the property. BOARD MEMBER FUENTES: Okay. So they are still there. Got it. MR. OWEN: And she has retained a contractor for permitting the sheds, and then she has started the permitting process for the garage conversion. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. MR. SIERRA: So basically what we wanted to say is that when we bought the house, the garage was already permitted, and we -- and it was already made like that. We didn't do anything inside of it, which she thought that it was already permitted, legal. I don't know how to say that. CHAIRMAN KAUFMAN: What happens is, just to -- MR. SIERRA: No, we already understand everything, and we October 24, 2024 Page 61 have removed all the tenants, and we have removed all the trailers, and we are in the process of legalizing everything that we have in the moment. We have some papers here that we are trying to move with the process. We don't want to go against it. The thing that we made on the inside of the -- next to the house -- I don't know. How do you call it? MR. OWEN: The screened-in lanai. MR. SIERRA: Yes. It was made actually for my family because we just -- they just got from Cuba, and we made it so they can live with us but separated. But life happens, and we are removing everything. CHAIRMAN KAUFMAN: Okay. The electrical, is that all live right now, or has some of it been turned off? MR. SIERRA: We turned it off, and we just clarified with him that we're going to turn off today, too. CHAIRMAN KAUFMAN: Okay. So I'll go back to the -- Brian, do you have a suggestion for us on this case? MR. OWEN: I do, sir. CHAIRMAN KAUFMAN: I know it's complicated, and there are all of the elements in it. MR. LETOURNEAU: Did we find a violation yet? CHAIRMAN KAUFMAN: Oh, not yet. Get a motion from the Board whether a violation exists. BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. October 24, 2024 Page 62 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Brian. MR. OWEN: The county's recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, shutting off all unpermitted electrical power sources and electrical improvements until such electrical work is addressed with a valid building or demolition permit, related inspections, and issues of certificate of completion/occupancy within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, obtain all required Collier County building permits or demolition permits, inspections, and certificates of completion/occupancy for multiple air-conditioning units installed on travel trailers and sheds, converted/altered garage, sheds, and conversion of the lanai to a living space within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all October 24, 2024 Page 63 costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. That takes into consideration the units that were on the property that were never permitted at all? MR. OWEN: That's correct, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I have a question -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: -- for the county. So it says shut off all unpermitted electrical power sources. They might not know what is unpermitted in the main home. They stated that they bought it that way. So is somebody going to be able to help them? Do you tag it? How do we help them? Because we would obviously want them to vacate the garage apartment, right? MR. OWEN: What we would wind up having to do, Ms. Curley, is going back to the original plans of that property and reviewing that with the Building Department to decide what was originally permitted, and we would have to involve possibly an electrical inspector from our inspection team to be able to call out possibly what was in addition to what was originally permitted. BOARD MEMBER CURLEY: And that would be something that they would do with the county? MR. OWEN: We would -- we would assist them with something like that. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. So we have the suggestion from the county. Anybody want to try to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: If not, I will. BOARD MEMBER FUENTES: So I mean -- CHAIRMAN KAUFMAN: Go ahead. October 24, 2024 Page 64 BOARD MEMBER FUENTES: -- before we do that, are we going to be doing, like, another 120 days for something like this? CHAIRMAN KAUFMAN: Well, it -- if you want to make that part of a -- BOARD MEMBER FUENTES: I just want to ask. BOARD MEMBER CURLEY: Well, I think I have a question, too. I mean, I don't want to be presumptuous, but for them to say that -- you know, they're working on putting in permits to get the sheds turned into living. MR. OWEN: No. They're just going to get the sheds permitted. They're not going to leave those as living spaces. Their only desire to leave a living space is the detached garage. BOARD MEMBER CURLEY: So that's understood? MR. SIERRA: Yes. CHAIRMAN KAUFMAN: So sheds are sheds. They're not living spaces; is that correct? MR. OWEN: They will permit them as sheds but not living spaces. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: And so no one can live there anymore. CHAIRMAN KAUFMAN: Okay. On Part 1 of your suggestion, the electrical to be turned off within seven days? MR. OWEN: (Nods head.) CHAIRMAN KAUFMAN: You said you were going to turn it off immediately. MR. SIERRA: Yes. CHAIRMAN KAUFMAN: Okay. So I'll show that as seven days and a fine of $100 for every day after that if it's not turned off. On Part 2, which encompasses everything else -- I know you can't do it in 120 days. October 24, 2024 Page 65 BOARD MEMBER FUENTES: We can have them back here in 30 so we'll have an update. CHAIRMAN KAUFMAN: If we can discuss this. How about 60? BOARD MEMBER CURLEY: Just past Christmas. BOARD MEMBER FUENTES: Sixty. CHAIRMAN KAUFMAN: Yeah, we -- 60 days or how much of a fine? BOARD MEMBER FUENTES: Four hundred dollars a day. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So we don't have a meeting in -- MS. BUCHILLON: We don't have a hearing in December. CHAIRMAN KAUFMAN: I know. BOARD MEMBER CURLEY: Would have to be 90 days. CHAIRMAN KAUFMAN: Well, that's how it turns out to be, but the order can be written as such. BOARD MEMBER BHATLA: Why don't we do it for the 90 days because of the holidays? BOARD MEMBER FUENTES: Okay. We'll do 90. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: Ninety. CHAIRMAN KAUFMAN: I'm agreeable. BOARD MEMBER CURLEY: Well, we don't want the thing to expire, you know, the 31st of December and then have them worry for five months. CHAIRMAN KAUFMAN: Okay. Maybe Santa will bring them a valid permit. So let me do the summary on the -- so that Terri won't hang me. 59.28 be paid within 30 days; the electrical will be turned off within seven days or a fine of $100 per day. And No. 2, the compound, all October 24, 2024 Page 66 the permits that need to be pulled and inspections and whatever, within 90 days or a fine of $400 a day. And my -- on top of that, I'd like to say that we think you're going to probably come back here prior to that to show us what's been done, and you might proceed want to ask at that time for additional time if you're making good progress. MR. SIERRA: Okay. CHAIRMAN KAUFMAN: Okay. So that's my motion. All those in favor? BOARD MEMBER CURLEY: Aye. THE COURT REPORTER: You need a second. Nobody seconded. CHAIRMAN KAUFMAN: Pardon? BOARD MEMBER ELROD: Second. You didn't have a second. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Oh, okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: A ye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. I don't know how you could be opposed. We took all the numbers that you had. BOARD MEMBER FUENTES: I wanted my 60 days. BOARD MEMBER CURLEY: Also, I wanted to thank you for following and letting the county on your property and letting them October 24, 2024 Page 67 help you resolve this. MR. SIERRA: Thank you. BOARD MEMBER CURLEY: That's very much helpful. CHAIRMAN KAUFMAN: Okay. And we are now at breaktime before Terri bites my head off. Okay. We'll be back in -- BOARD MEMBER FUENTES: We've got to give her a pre workout. CHAIRMAN KAUFMAN: -- 10 minutes. (A brief recess was had from 10:43 a.m. to 10:59 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Which brings us to Helen. MS. BUCHILLON: We are still under hearings. Next case, No. 9, CEPM20240005821, William N. Kogok, 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. HOLMES: I do. MR. KOGOK: I do. CHAIRMAN KAUFMAN: Can you state your name on the mic for us, please. MR. KOGOK: Good morning. It's William N. Kogok, Jr. CHAIRMAN KAUFMAN: Okay. Bradley, your case. MR. HOLMES: Yes, sir. All right. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CEPM20240005821 dealing with violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-2281, addressing a driveway surface and its subgrade along the east side of the primary structure that is crumbling/eroding located at 3620 White Boulevard, Naples, Florida, 34117. Folio No. 3798740000. Service was given on July 18th, 2024. October 24, 2024 Page 68 In June 2024, Code Enforcement received a complaint for a degrading driveway surface on this property. I conducted a site inspection on June 28th and observed the driveway surface along the east side of the primary structure was crumbling into the complainant's property. I proceeded to generate a notice of violation and made contact with the property owner. The property owner was advised of the violation and what was required to bring it into compliance. At the expiration date of the notice of violation, it was observed that no corrective actions were taken. I then prepared the case for a hearing. As of my prehearing inspection conducted on October 23rd, 2024, I met with the property owner and observed the violation had still not yet been abated. Case evidence to present today: Three photos taken by myself on June 28th, 2024, and one photo taken by myself on October 23rd, 2024. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. OWEN: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MR. KOGOK: No objection. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. BOARD MEMBER ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER BHATLA: I second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. October 24, 2024 Page 69 BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. HOLMES: And then this was yesterday. CHAIRMAN KAUFMAN: Could you go back to the first photo? So that's the erosion that's there? MR. HOLMES: (Nods head.) CHAIRMAN KAUFMAN: Next photo. Similar. BOARD MEMBER CURLEY: No, wait. So are we on this gentleman's property or -- MR. HOLMES: We're on the complainant's property. CHAIRMAN KAUFMAN: Okay. So there was a washout there. It looks like it's been -- has it been filled in, or nothing has been done? MR. HOLMES: No. I mean, there's foliage that's filled into the gaps, and there's weeds and whatnot growing in there. CHAIRMAN KAUFMAN: Okay. All right. Sir? MR. KOGOK: Okay. This is an issue created by the complainant. For context, I noticed the notice of violation online prior to receiving my first notice of it and asked Supervisor Bradley Holmes for a meeting with the Special Magistrate. I was told he could only do that after I failed to do anything about the violation. The hearing was set with the Magistrate but changed to today due to Hurricane Milton. The reason I had requested the Magistrate is because he knows my neighbor, Fortino Mendez, who caused my driveway issues, because he has appeared for him numerous times as October 24, 2024 Page 70 he has run a nuisance house for the past 26 years. Mr. Mendez's property sits on the east side of mine in the Estates and is approximately 30 inches lower at that point next to the house where the driveway goes. My driveway is higher than his. On April 2nd of '22, I came home to find him removing my retaining wall and digging under my fence with his excavator. I immediately told him to stop. He refused. He started up with his normal cussing and ranting and raving and, of course, I got drawn into it. Then I called the police to come, and they did absolutely nothing. Mr. Mendez even swung the excavator at my head, as seen in a video that Mr. Holmes has witnessed. Mr. Mendez currently has an open permit to build a block wall around his property complete with cement footers and rebar coming up through the blocks. When done, I will backfill it and coat the asphalt on top. So therefore, I would ask for this to be vacated. If this does not satisfy the Board, I would ask for time to bring legal action against Mr. Mendez, collect the funds to repair the damage, and then repair it. CHAIRMAN KAUFMAN: The permit that you said he has for a block wall around the property -- MR. KOGOK: Correct. CHAIRMAN KAUFMAN: -- when was it pulled? MR. KOGOK: I do not know. CHAIRMAN KAUFMAN: Do you have any idea when it's going to be done? MR. KOGOK: Unfortunately, I don't. He has started more work on that, started my side. CHAIRMAN KAUFMAN: What's on the other side? MR. KOGOK: Nothing at the -- well, I think he started a little on that side, too, on his east side. October 24, 2024 Page 71 BOARD MEMBER CURLEY: Is your neighbor here? MR. KOGOK: No, he's not. Feel lucky. BOARD MEMBER RUBENSTEIN: Wasn't this the same gentleman that filed your complaint about your pump house -- MR. KOGOK: Oh, yeah. BOARD MEMBER RUBENSTEIN: -- last year? MR. KOGOK: Yeah. He's a work of art. BOARD MEMBER RUBENSTEIN: Okay. BOARD MEMBER FUENTES: These guys are fighting each other. CHAIRMAN KAUFMAN: Yeah, the Hatfields and the McCoys. MR. HOLMES: If it interests the Board, that permit that he's describing for the block structure fence was entered June 4th of 2021. It is currently in expired status as of June 28th, 2024. CHAIRMAN KAUFMAN: Okay. So that -- MR. HOLMES: It was issued -- though it was issued at one point in July 1st of 2021. MR. KOGOK: Mr. Holmes does have pictures of the wall being there prior to him taking it down and pictures of his -- MR. HOLMES: Would you like me to draw any of your photos? MR. KOGOK: Please. MR. HOLMES: Which one would you like first? MR. KOGOK: The oldest picture. MR. HOLMES: I'll let you describe. MR. KOGOK: That shows the wooden wall next to my driveway alongside my house. BOARD MEMBER CURLEY: That that he's running -- that white thing? MR. KOGOK: Correct. No, not the white thing. The brown October 24, 2024 Page 72 thing. BOARD MEMBER CURLEY: The tiny thing? MR. HOLMES: The dark line. BOARD MEMBER CURLEY: That's like footers or something. MR. KOGOK: It's a wooden retention wall that was held in place by other wood. CHAIRMAN KAUFMAN: That's probably rotted away by now. MR. KOGOK: It's gone. He removed it. BOARD MEMBER CURLEY: So this is your home in the -- behind? MR. KOGOK: Correct. The vegetative area is the neighbors. BOARD MEMBER CURLEY: And so is your home built at -- what year? MR. KOGOK: '89. BOARD MEMBER CURLEY: And what is on -- MR. KOGOK: But the driveway was added later. BOARD MEMBER CURLEY: Your driveway? MR. KOGOK: Correct, around -- I believe the driveway was added when the garage and pump house were put in around 2010. CHAIRMAN KAUFMAN: Did you discuss any -- anything that you could possibly do to resolve this without his wall being built? MR. KOGOK: Well, he won't allow me access on his property to build a wall, so it would have to be done from my property. CHAIRMAN KAUFMAN: Right. MR. KOGOK: I guess much like a seawall would be built. And I got one verbal estimate of $11,000, and I'm already going -- blowing through the savings, you know, fixing the permits on the pump house and the garage. October 24, 2024 Page 73 BOARD MEMBER CURLEY: So you bought this with the driveway in place and the pump house where they are now? MR. KOGOK: Correct. BOARD MEMBER CURLEY: And you're correcting it to make it be -- MR. KOGOK: Correct. Everything I'm doing is somebody else's -- everything I'm undoing is somebody else's doing. CHAIRMAN KAUFMAN: Okay. Well -- BOARD MEMBER CURLEY: So a -- the violation is the crumbling blacktop driveway that we saw? Is that what -- that's what you violated this gentleman for? MR. HOLMES: Correct, correct. BOARD MEMBER CURLEY: Everything else is minutiae. MR. KOGOK: And I purchased the house March 10th of 2021, so it's only been three and a half years. MR. HOLMES: Do you want to show the other photos? MR. KOGOK: Please. And I wouldn't have purchased the house if it was crumbling. Having lived waterfront before, I know what a pain retaining walls can be. MR. HOLMES: So this photo displays what he was describing with the excavator. MR. KOGOK: There he is removing one of the pieces of the retaining wall. BOARD MEMBER CURLEY: And what's that white thing behind the bucket? MR. KOGOK: That's where he would put it -- he -- that's, I guess, the frame for his new driveway that he was putting in there. BOARD MEMBER CURLEY: And so is this chain-link fence yours? MR. KOGOK: Correct. BOARD MEMBER CURLEY: And it's right on the property October 24, 2024 Page 74 line, or where is your property line; do you know? MR. KOGOK: We have a property line dispute. That's another thing. I've got a survey on hand right here that shows and even says that all my fencing is on my property. His survey is saying it's five inches over. BOARD MEMBER FUENTES: You're going to want to talk to Kevin after this. You need some legal advice. CHAIRMAN KAUFMAN: Okay. Well -- BOARD MEMBER ELROD: So he's digging out to crumble your driveway? MR. KOGOK: Yes. He removed my wooden retaining wall and then dug under and caused my driveway to crumble down into his and has the nerve to complain about it. MR. LETOURNEAU: Brad, would you characterize the digging in association with the fence that Mr. Fortino's building, or is this, like, a malicious thing? MR. HOLMES: I mean, could it be potential malicious site prep? Sure. It's hard to really know exactly where he saw -- what he was intending on doing in that area because since it's regrown. He hasn't maintained the space to further his construction, so... MR. KOGOK: I would call -- MR. LETOURNEAU: And -- yeah, go ahead. MR. KOGOK: I would call it malicious as he also -- the house also has -- if you can show another picture of the side of the house -- has three downspouts on that side, and he went in -- that emptied onto his property that he went in and seal foamed up without telling me, and all the water started backing up the first heavy rain up against my foundation, and -- BOARD MEMBER CURLEY: He vandalized your home. MR. KOGOK: Excuse me? BOARD MEMBER CURLEY: He vandalized your home. October 24, 2024 Page 75 You know that? MR. KOGOK: He covered up where the waterspouts come out onto his property. So if we call that vandalizing my home... BOARD MEMBER CURLEY: That's vandalism. MR. KOGOK: But he'll probably say it's on his property. MR. HOLMES: I think the spouts here. CHAIRMAN KAUFMAN: So the elevation drop there from your driveway down to the bottom of that ditch, if you will, is, what, about 18 inches? MR. KOGOK: Thirty inches, sir. CHAIRMAN KAUFMAN: Thirty-inch. So at this point, I don't know what -- BOARD MEMBER CURLEY: What's this? MR. KOGOK: That's a survey stake. BOARD MEMBER CURLEY: Right. BOARD MEMBER RUBENSTEIN: Hey, Brad? MR. HOLMES: Yep. BOARD MEMBER RUBENSTEIN: Wouldn't this gentleman only be responsible to repair his side of that fence once the neighbor completes his work? Then once he does his wall, then he could finish whatever he needs to? CHAIRMAN KAUFMAN: The problem that I see in front of us is you have one neighbor causing another neighbor a problem, and the neighbor that's being caused a problem is the one who is being cited. So I mean, that's where we are right now. BOARD MEMBER CURLEY: Do you drive vehicles on that, or is that just a -- MR. KOGOK: Yes, I do because I have a garage out back, and whenever there's a storm, I put the car back in there. BOARD MEMBER CURLEY: And that's the only way to your backyard? October 24, 2024 Page 76 MR. KOGOK: Correct. BOARD MEMBER RUBENSTEIN: I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion that a violation does not exist. CHAIRMAN KAUFMAN: Okay. Do we have a second? BOARD MEMBER CURLEY: I'll second that and see how it flies. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second that a violation does not exist. Jeff, did you want to say anything? MR. LETOURNEAU: I did not. CHAIRMAN KAUFMAN: Okay. Well, continue not. Okay. BOARD MEMBER CURLEY: I mean -- CHAIRMAN KAUFMAN: Okay. Well, we have a motion and a second that a violation does not exist. Okay. BOARD MEMBER CURLEY: All those in favor? CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: There you go. MR. KOGOK: Thank you very much. October 24, 2024 Page 77 BOARD MEMBER CURLEY: Good luck. CHAIRMAN KAUFMAN: Yeah. MR. KOGOK: I'll see you a little later. MS. BUCHILLON: Actually, no. You can stay. He has a case under imposition of fines. Since he's up here already, we're going to call that case. Under imposition of fines No. -- MR. LETOURNEAU: Seven. MS. BUCHILLON: Number 7, I'm sorry, CESD20210012586. (All participants were previously sworn.) BOARD MEMBER CURLEY: Oh, this is not good. CHAIRMAN KAUFMAN: Don't go away. I'm still going through these. BOARD MEMBER CURLEY: Seven. CHAIRMAN KAUFMAN: Five, six, seven. Okay. This is unpermitted structures, pump house, garage on Estates property. You must have a very fancy pump house for $138,000. BOARD MEMBER CURLEY: Tell me again when you bought the house. MR. KOGOK: I purchased the house March 10th, 2021. And may I go ahead? MR. LETOURNEAU: We would prefer if Brad read it into the record, and then we can discuss. CHAIRMAN KAUFMAN: Yes, yes. MR. HOLMES: Let me go through that quick. For the record, Bradley Holmes, Collier County Code Enforcement related to Case No. CESD20210012586. Past orders: On September 22nd, 2022, 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, OR6181, Page 452, for more information. October 24, 2024 Page 78 On June 22nd, 2023, and November 17th, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in Documents and Images for more information. The violation has not been abated as of October 24th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from April 23rd, 2023, to October 24th, 2024, 551 days, for a total fine amount of $137,750. Fines continue to accrue. Previously assessed operational costs of $59.28, $59.28, and $59.56 have been paid. Operational costs for today's hearing, $59.63. Total amount: $137,809.63. CHAIRMAN KAUFMAN: Okay. MR. KOGOK: Well, first I'd like to start out happy to say that the garage has received its certificate of completion on September 23rd of this year. I'm not happy to say that it cost me $16,000, including thousands to remove the vegetation just to get what I thought I already bought and went overbudget to buy. CHAIRMAN KAUFMAN: So this is unpermitted structure, pump house, and garage; is that correct? MR. KOGOK: Correct. What I'm telling you is the garage has got the COC. CHAIRMAN KAUFMAN: Got it. Okay. MR. KOGOK: And that's where we had spent the time, effort, and money on, and now we're working on the pump house. For context, I'd like to remind the Board that I purchased the house three and a half years ago with the outbuildings already in place, having been built around 2010 by the previous owner, one of whom was a Realtor who failed to disclose the unpermitted structures. Two other realtors were involved in the transaction. I thought I did my due diligence checking the tax records and finding them there, and nothing came up at closing. October 24, 2024 Page 79 The pump house, as I call it, contains pumps for my well, the pool, the irrigation system, and the water purification system, which is also housed in the pump house. There's also a breaker box for the pool equipment which had to have been approved for the pool because the pool was approved in 2010. The building sits on the east side of my property and encroaches the setback by 3.3 feet. My contractor thought he had a creative, easy solution, but it was denied. So I had to pay $500 for a pre-app meeting, PL20240011254, for a minor after-the-fact variance, but it was denied. I'm being told that will take another five to six months just to get to the county examiner HEX meeting. I invited Bradley Holmes onto the property yesterday to see that this is an entailed process and what exactly is in this building and to take pictures. So I'm going to need at least six months just to find out if I get approved or not. And I'd also like to ask that being that the garage is done, that the daily assessment be reduced by 50 percent from 250 to 125. BOARD MEMBER FUENTES: So the reduction on the fees -- on the daily fees are probably not going to happen. CHAIRMAN KAUFMAN: You're correct. BOARD MEMBER FUENTES: We can talk about the six months. CHAIRMAN KAUFMAN: Well -- and ultimately, the amount of 137,000 will probably be reduced at some point in time. Now, is this the time to do it, or do we grant enough time for the respondent to do his legal or whatever he's doing? BOARD MEMBER FUENTES: He's not in compliance yet, so we can't reduce that. CHAIRMAN KAUFMAN: We can do a continuance. So... BOARD MEMBER RUBENSTEIN: I have two questions. October 24, 2024 Page 80 CHAIRMAN KAUFMAN: Sure. BOARD MEMBER RUBENSTEIN: This complaint was brought on by the same next-door neighbor? MR. KOGOK: Correct. BOARD MEMBER RUBENSTEIN: Okay. MR. KOGOK: I believe he and -- BOARD MEMBER RUBENSTEIN: That's all right. MR. KOGOK: -- the former owner had a -- BOARD MEMBER RUBENSTEIN: I don't care. MR. KOGOK: Had a "I won't tell about your stuff; you don't tell about my stuff" deal. BOARD MEMBER RUBENSTEIN: Okay. In the year since the complaint was filed, have you looked into what it would cost to put in a new pump house? MR. KOGOK: Well, I'd like if Mr. Holmes could show the pictures. BOARD MEMBER RUBENSTEIN: On your property within your property line. MR. KOGOK: Tens of thousands of dollars. BOARD MEMBER RUBENSTEIN: Well, you already owe 137-, so maybe hindsight is you should have built a new building a year ago. MR. KOGOK: Can we show the pictures, please? BOARD MEMBER CURLEY: That's not really our business. MR. HOLMES: I have photos taken of the interior of the pump house that were not previously something that the Board had seen, if you guys would like -- CHAIRMAN KAUFMAN: I don't think it matters what's in it. It matters where it is. Is it encroaching another property? Is that the problem? MR. HOLMES: That's why he's mentioning a variance being October 24, 2024 Page 81 required prior to the obtaining of a building permit. CHAIRMAN KAUFMAN: Is the other property -- is it the setback, or is it the actual building located on the other property? MR. KOGOK: Setback. CHAIRMAN KAUFMAN: It's the setback. So for a setback you could do a variance. MR. KOGOK: Correct. CHAIRMAN KAUFMAN: Okay. And I'm sure that your -- MR. KOGOK: It's a very entailed building with electronics, waterworks, lighting, cameras. CHAIRMAN KAUFMAN: That doesn't matter. It's physically where the building is. So have you applied for a variance? MR. KOGOK: Yes. We already had the pre-app meeting. CHAIRMAN KAUFMAN: Okay. So you think that maybe within the next 180 days or so you'll get a response whether the variance goes through or not? MR. KOGOK: That's what I was told. CHAIRMAN KAUFMAN: Okay. If the variance goes through, then this can be resolved. If the variance doesn't go through, what are you going to do next? MR. KOGOK: Well, I've got Randy Johns of Phoenix Construction who did the garage also working on this, and we're talking about cutting the building in half so it no longer impedes into the setback and relocating all the electrical work on the outside of the west side of the building and enclosing that in. Plus I'd have to move -- I'd have to get the water company out there to do the water -- move the water purification system, and at least two of the pumps would have to be moved as well, as well as all the lines running throughout the building and a new side built back on the east side of it. October 24, 2024 Page 82 MR. LETOURNEAU: So the well itself is out of the setback? MR. KOGOK: I believe so. MR. LETOURNEAU: All right. BOARD MEMBER CURLEY: So you said you have evidence that the pool was permitted in 2010, which would have included all that electrical equipment would have had to have been intact at that time? MR. KOGOK: A permit was done. A permit was completed and all for the pool in 2010. BOARD MEMBER CURLEY: And it includes some of this electrical equipment you're talking about that's now been deemed illegal. MR. KOGOK: I believe it would have had to have. BOARD MEMBER CURLEY: That's what I'm saying. I'm asking you that. MR. LETOURNEAU: I believe we've deemed the structure illegal, not the actual utilities hooked to it, Brad; is that correct? MR. HOLMES: Say that again. MR. LETOURNEAU: What did we actually cite on the -- MR. HOLMES: The structure. MR. LETOURNEAU: The structure. MR. HOLMES: Yeah, because we didn't have really much in the way of evidence on what was the interior until I observed it really yesterday, so... BOARD MEMBER RUBENSTEIN: Is the structure permanent concrete block, or is it a metal building sitting over the pipes? MR. KOGOK: It's a concrete base, raised concrete base. We can show on the pictures of it. BOARD MEMBER RUBENSTEIN: Yeah, I'd like to see it. MR. KOGOK: And it's got a step up, a concrete step up, and October 24, 2024 Page 83 then another step into the building. BOARD MEMBER CURLEY: So the only reason I'm asking, I'm trying to understand how this happened. MR. KOGOK: That's the east side of the building with the one step up. BOARD MEMBER CURLEY: Is that -- I know, we just redid my pool, and they had to inspect the equipment and the electrical and everything to be in compliance with the pool renovation permit. So you mean the inspector is -- the electrical person is just going to check to see that it's in -- that it's within code? It doesn't -- they don't look to see if the building is correct? MR. LETOURNEAU: That's right. For the record, Jeff Letourneau, Code Enforcement. An electrical inspector would go out there. They wouldn't research whether or not the actual structure that was there is permitted. They're just going to be looking at the electrical for the pool. BOARD MEMBER CURLEY: And make sure it's as many feet away and as -- MR. LETOURNEAU: Well, they're probably not going to do that. I think that they're just going to check the electric on it. BOARD MEMBER CURLEY: Yeah. I mean, but the boxes and everything have to be a certain height and distance from the water and all that, so there's -- CHAIRMAN KAUFMAN: Well, I think -- I think to resolve the situation at this time, the fairest thing to do would be to grant a continuance until the respondent has a chance to talk to the folks relative to a variance. If the variance is granted, then everything will work out well. If a variance is not granted, the respondent has a plan going forward. What I would like to do -- and I've seen the Magistrate do this October 24, 2024 Page 84 from time to time -- is freeze the fines that are accruing daily. I think we have the ability to do that. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: So going forward, we'll freeze it right now. We'll adjust the total fine at some future date. But in the meantime, give you six months to get your variance heard and hopefully approved. MR. KOGOK: Great. CHAIRMAN KAUFMAN: So I'd like to make a motion to do just that. BOARD MEMBER ELROD: Second. BOARD MEMBER FUENTES: To grant a continuance six months? CHAIRMAN KAUFMAN: Yes. Okay. MR. NOELL: And would that include pausing the fine during the six-month period? CHAIRMAN KAUFMAN: Yes. And pause the fines at the current level. BOARD MEMBER FUENTES: But today's operational costs -- CHAIRMAN KAUFMAN: Yes. BOARD MEMBER FUENTES: -- to be paid? CHAIRMAN KAUFMAN: Yes. The operational costs for today should be paid, the 59.63. That should be paid within 30 days. We have to go out to lunch and -- no. Just for the record, nobody pays us for anything. Okay. So that's my motion. BOARD MEMBER RUBENSTEIN: I'll second it, but I do want to see the picture of the pump house. MR. KOGOK: Thank you. BOARD MEMBER CURLEY: That was it. October 24, 2024 Page 85 MR. KOGOK: Yeah, there were more pictures inside. BOARD MEMBER CURLEY: We're good. BOARD MEMBER FUENTES: Do we have to reopen the case? CHAIRMAN KAUFMAN: You'll have a chance to see that in six months. BOARD MEMBER CURLEY: So can we vote? CHAIRMAN KAUFMAN: Yeah. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. KOGOK: That's it? CHAIRMAN KAUFMAN: Good luck. MR. KOGOK: Thank you. CHAIRMAN KAUFMAN: Take care of the driveway. BOARD MEMBER BHATLA: The setback, is it not on his side? CHAIRMAN KAUFMAN: That's correct, that's the setback. But you can only be so many feet from the setback. BOARD MEMBER BHATLA: That's the variance. CHAIRMAN KAUFMAN: Helen? MS. BUCHILLON: We have a change in the agenda. CHAIRMAN KAUFMAN: Oh, my God. MS. BUCHILLON: Under imposition of fines, No. 8, October 24, 2024 Page 86 CEVR20230008759, Edington Place, LLC, has been withdrawn. CHAIRMAN KAUFMAN: Which one has been withdrawn? BOARD MEMBER CURLEY: Eight. MS. BUCHILLON: Number 8. CHAIRMAN KAUFMAN: Okay. The one I have here. Get a motion from the Board to -- BOARD MEMBER CURLEY: Motion to amend the -- CHAIRMAN KAUFMAN: Agenda. BOARD MEMBER CURLEY: -- agenda. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: Next, we are still under imposition of fines, No. 1, CELU20240000034, Mauricio Martinez. BOARD MEMBER CURLEY: Oh, this is the one with the letter. This is the letter that we received at break? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Give us a minute to read the letter. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? October 24, 2024 Page 87 MS. ALCANTAR: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. MARTINEZ: Yes. CHAIRMAN KAUFMAN: Let's start out by getting your name on the microphone for us, please. MS. ALCANTAR: Marie Alcantar, translating. MR. MARTINEZ: Maurice Martinez, owner of property. CHAIRMAN KAUFMAN: Okay. Maria [sic], do you want to read this into the record for us? MS. PEREZ: Yes. Cristina Perez, Collier County Code Enforcement. This in reference to CEB Case No. CELU20240000034. 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, OR6366, Page 554, for more information. On May 23rd, 2024, the Code Enforcement Board granted an extension of time. On August 22nd, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board in Document and Images for more information. The violation has been abated as of September 23rd, 2024. Fines and costs to date as follows: Fines have accrued at the rate of $600 per day for the period from June 29, 2024, to September 3rd, 2024, 67 days, for a total fine amount of $40,200. Previously -- previous operational costs of $59.28, $59.35 and $59.49 have been paid. Operational costs for today's hearing is $59.63, for October 24, 2024 Page 88 a total fine amount of $40,259.63. The gravity of the violation was not health and safety. Actions taken by the violator to correct the violation was to remove the trailer from the property. Previous violations committed by the owner were none. And there are no other relevant factors. CHAIRMAN KAUFMAN: Okay. And how was this ultimately resolved? THE INTERPRETER: He has -- after a very lengthy time trying to get someone to remove the container without any liability, he has been able to take care of this. So he is, as of today, in compliance. CHAIRMAN KAUFMAN: So that has been moved? MS. ALCANTAR: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Yeah. He worked pretty quickly. I'll make a motion here. You can tell him I do appreciate him getting that out of there. I'll make a motion to deny the county the imposition of fines; however, he does need to pay the operational costs of $59.63 today. BOARD MEMBER ELROD: Second. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? October 24, 2024 Page 89 BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MS. ALCANTAR: Thank you. BOARD MEMBER FUENTES: Just make sure he does pay that operational costs. MS. ALCANTAR: Yes. Will do. Thank you. MS. BUCHILLON: Next case, No. 5, CESD20220005165, Gene Nailon and Maylin Nailon. BOARD MEMBER CURLEY: Number 5? CHAIRMAN KAUFMAN: Number 5? MS. BUCHILLON: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. NAILON: Yes. MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Brian, do you want to read this into the record for us? MR. OWEN: Past orders: On June 22nd, 2023, 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, OR 6271, PG 3895, for more information. The violation has not been abated as of October 24th, 2024. Fines and costs are as follows: Fines have accrued at a rate of $150 per day for a period of September 21st, 2023, to October 24th, 2024, 400 days, for a total fine amount of $60,000. Fines continue to accrue. Previously assessed operational costs of 59.21 have been paid. Operational costs for today's hearing are 59.49, for a total fine amount of $60,059.49. October 24, 2024 Page 90 CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic for us. MR. NAILON: Yeah. My name is Gene Nailon. CHAIRMAN KAUFMAN: Gene? MR. NAILON: Yes. CHAIRMAN KAUFMAN: Okay. This was a prefab metal building that was improved. MR. NAILON: Yes. So it took -- we hired, back when this was -- became a violation. We hired Octavio Sarmiento. It took him 26 months to give me engineer letters, 26. As of today -- I started my inspections Friday. I have passed 12 out of, like, 18, I think. MR. OWEN: Something along those lines, yeah. MR. NAILON: I'll be done in a week. BOARD MEMBER FUENTES: Tell me what you need. Just -- MR. NAILON: Give me 60 days. BOARD MEMBER FUENTES: That's fine. I'll make -- this would be -- BOARD MEMBER ELROD: Christmas. CHAIRMAN KAUFMAN: Make a motion. BOARD MEMBER FUENTES: Let's give you 90 days. MR. NAILON: Yeah, that's fine. I'll be done in two weeks. BOARD MEMBER FUENTES: I understand that it wasn't your fault. Yeah, we'll make a motion to grant an extension of 60 days -- 90 days -- sorry, 90 days. MR. NAILON: Yeah. BOARD MEMBER FUENTES: However, the operational costs -- MS. BUCHILLON: It's a continuance. October 24, 2024 Page 91 BOARD MEMBER FUENTES: Continuance of 90 days; however, today's costs of 59.49 do need to be paid within 30 days. MR. NAILON: Yeah. I'll be leaving here and going right to -- we had to fail our inspection with -- I didn't understand this. So I went to the review -- permit review with my letters, and say, "Hey, I got this. Like, what can I do with this?" Well, they said you've got to fail first, then you've got to call a phone number, and then you've got to hand deliver. I mean, this is a waste of resources, in my opinion, so... CHAIRMAN KAUFMAN: That's the process. MR. NAILON: Yeah. I love government. CHAIRMAN KAUFMAN: Okay. MR. NAILON: Thank you. CHAIRMAN KAUFMAN: We have a motion, and we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NAILON: Thank you very much. CHAIRMAN KAUFMAN: Good luck. BOARD MEMBER CURLEY: Fail before you can succeed. MS. BUCHILLON: Next case, Case No. 6, CESD20210008625, A&T Investment Team, LLC. THE COURT REPORTER: Do you swear or affirm the October 24, 2024 Page 92 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. BARROSO: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. BARROSO: Antonio Barroso. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to read this into the record for us? MR. HOLMES: Yes, sir. Let's get things straight here quick. All right. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On January 27th, 2022, 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, OR6095, Page 3266, for more information. On August 25th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of August 9th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from July 28th, 2022, to August 9th, 2022, 13 days -- CHAIRMAN KAUFMAN: Bradley, you said August what, 2022 or 2024? MR. HOLMES: 2022. I'll explain a little bit more in a moment -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- because I understand your confusion. CHAIRMAN KAUFMAN: Yes. October 24, 2024 Page 93 MR. HOLMES: Thirteen days, for a total fine amount of $2,600. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.49. Total amount: $2,659.49. The gravity of the violation: This is not considered health and safety. Actions taken by the violator to correct: They obtained a Vegetation Removal Permit No. PL2022004762, and an issued building permit for a storage structure, No. PRAC20220418789. Any previous violations committed by the respondent/violator: None. Any other relevant factors: None. Now, understanding that you granted a continuance on August 25th, but they were compliant ahead of August 25th. The reason being is that we have recently shifted gears to a more appropriate stance with vegetation clearing cases, to wit, once they obtain a related VRP, and if there's a stipulation that they get a building permit, once that permit is issued, it grants them permission to clear. The obtaining of the CO at the end is just not a necessary layer to the process. So a permit was issued ahead, so effectively there was a 13-day period. Now, you granted a continuance back on that date, so fines are still at play, but it was only 13 days of noncompliance under our current approach. CHAIRMAN KAUFMAN: So 13 days at $200 a day is around $2,600. MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Not 147,000. MR. HOLMES: Correct. BOARD MEMBER CURLEY: I'm glad you altered that just October 24, 2024 Page 94 because -- that's very good, a lot easier. CHAIRMAN KAUFMAN: Okay. Sir. MR. BARROSO: So all that we're asking is for the removal of the 2,600. It was only 13 days, not 13 months. And as he stated, we've played by the rules and colored inside the lines. So if it's allowed, we'd like the 2,600 to be removed. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? (No response.) CHAIRMAN KAUFMAN: I'll make a motion that the county's fines not be imposed. The 59.49 be paid within 30 days. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BARROSO: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, Case No. 9, CESD20230003519. Luis F. Escobar. 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? October 24, 2024 Page 95 MR. PITURA: I do. MR. ESCOBAR: I do. CHAIRMAN KAUFMAN: Okay. Could you give us your name on the microphone, please. MR. ESCOBAR: Luis Escobar. CHAIRMAN KAUFMAN: Okay. And we can read this into the record now. MR. PITURA: Just a second. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On October 26th, 2023, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6307, Page 3345, for more information. The violation has been abated as of August 29th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period of April 24th, 2024, to August 29th, 2024, 128 days, for a total fine amount of $12,800. Previously assessed operational costs of 59.28 have been paid. The operational costs for today's hearing is 59.42. Total amount: $12,859.42. The gravity of the violation is not health and safety. The actions taken by -- to correct have been a permit. PRFH20231149049 has been finalized with all inspections and fees paid. Any previous violations committed by the respondent has been none. Any other relevant factors are none. CHAIRMAN KAUFMAN: Okay. Sir. MR. ESCOBAR: Okay. We got the property, and we did some demo work. We got the stop work. After that, the Board give October 24, 2024 Page 96 me 180 days to complete the work. And I made all the plans, and I make all the right process. We did everything. And the CO, we got that August 29th, actually, to do all the process with passing all (unintelligible). So I made that happen. All that I can say. CHAIRMAN KAUFMAN: Okay. MR. ESCOBAR: The consideration, please, the fee. BOARD MEMBER FUENTES: I'll go ahead and I'll make a motion here to reduce the county's fines to 900. MR. ESCOBAR: Okay. BOARD MEMBER FUENTES: From 12,000, 900, and for today's operational costs $59.42 to be paid within 30 days. So the total would be $959.42. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MR. ESCOBAR: Thank you very much. MR. PITURA: Thank you. MS. BUCHILLON: Next case, No. 10, CESD20240000553, Peggy Ramond. 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? October 24, 2024 Page 97 MR. OWEN: I do. MS. ALCANTAR: I do. Hello, again. CHAIRMAN KAUFMAN: Yes. MS. ALCANTAR: Maria Alcantar. CHAIRMAN KAUFMAN: I think we know you by now, Maria. MS. ALCANTAR: Thank you. CHAIRMAN KAUFMAN: Okay. Brian, do you want to read this into the record for us? MR. OWEN: Just for clarification, I do have a filed authorization to represent form for her today in this case. CHAIRMAN KAUFMAN: Okay. MR. OWEN: Just so we get that out of the way. Past orders: On March 28th, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The representative was -- the respondent was found in violation of the referred ordinances and ordered to correct the violations. See the attached order of the Board, OR6353, Page 294, for more information. The violation has been abated as of September 16th, 2024. Fines and costs to date are as follows: Part 1, abated by April 2nd, 2024, within compliance deadline. Part 2, fines have accrued at a rate of $200 per day for a period of June 27th, 2024, to August 22nd, 2024, for 57 days, for a total fine amount of $11,400. Previously assessed operational costs of 59.28 have been paid, operational costs for today's hearing is 59.42, for a total fine amount of $11,459.42. The gravity of the violation was not health or safety. The actions taken by the violator to correct were Permit PRDM2024414857, demolition of work done inside the garage October 24, 2024 Page 98 finaled on August 22nd, 2024. And any previous violations committed by the respondent/violator are none. And any other relevant factors are none. CHAIRMAN KAUFMAN: What was the difference between Part 1 and Part 2? MR. OWEN: Part 1 was occupation and electricity of the garage. CHAIRMAN KAUFMAN: Okay. So that was done on time? MR. OWEN: That was done before the compliance, correct. CHAIRMAN KAUFMAN: And the rest of it was done after the compliance date? MR. OWEN: It took a little while to get the demo permit and all the work completed. BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Let the respondent respond. MS. ALCANTAR: I would like to request for the fines to be eliminated to zero. She worked very, very hard to be in compliance. It took -- she had to get plans from the engineer. They took a very long time in the permit process. And as soon as she was able to, she worked very hard not knowing that she had a deadline to comply by, and then this came at a very shocking surprise to her. She did invest a lot of money as well as in all the process. So if you could please consider taking away all these fees, she would very -- be grateful. CHAIRMAN KAUFMAN: Okay. Do you have a motion, John? BOARD MEMBER FUENTES: She complied pretty quickly, so we do appreciate that. I'll make a motion to deny the county their imposition of fines; however, the today's operational costs of $59.42 do need to be paid within 30 days. BOARD MEMBER CURLEY: Second. October 24, 2024 Page 99 MS. ALCANTAR: Thank you. Thank you. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. MS. ALCANTAR: Thank you so much. CHAIRMAN KAUFMAN: Okay. It carries. Okay. Are you done for the day, or you coming again? MS. ALCANTAR: I'm done for the day. Thank you so much. MS. BUCHILLON: Next case, No. 13, CESD20190014719, Ulysses Nabal Jaen. 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. JAEN: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. JAEN: Ulysses Jaen. CHAIRMAN KAUFMAN: Okay. Tom, do you want to read this into the record for us? MR. PITURA: Just a second. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On September 24th, 2020, the Code Enforcement October 24, 2024 Page 100 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, OR5831, Page 4000, for more information. On October 26th, 2023, the Code Enforcement Board granted a continuance. See attached order of the Board in Documents and Images for more information. The violation has not been abated as of October 24th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period from December 24th, 2020, to October 24th, 2024, 1,041 days, for a total fine amount of $140,100. Fines continue to accrue. Previous assessed operational costs of 59.28 and 59.35 have been paid. Operational costs for today's hearing, $59.56. Total amount of $140,159.56. Okay. Sir? MR. JAEN: Your Honors, if I may remind you, last time I came -- I showed -- and there were pictures and the images of the reasons why this whole problem. My neighbor next door was granted a permit to build a structure for his auto mechanic shop, which is gigantic. My old permitted shed that was placed on that side of the fence -- on my yard was completely flooded because -- as a result of the water coming in from his new shop. Because of that, I tried to build my shed on the -- on the higher side of the fence, and I got permission from my neighbors and everything, that was fine, except for him, who called the county on me because he said that I was building without a permit even though he's the one that caused the problem, because I told him that he needed to mitigate the flooding because he was coming close to my house. October 24, 2024 Page 101 Because of that, I began the process with the county after he called them. And I started -- and I started all the permitting except for they found out I was five inches too close to my neighbor who had allowed for me to build it next to her. So I had to go through the entire variance process, which was extremely long, extremely expensive and painful. Finally got through that, and then I began all the problems with getting the permits. To do that, I have gone through three different elevation certificates because of some technicality, some elevation, some kind of problem, and I'm getting another one. I have all the -- all the inspections have been completed, which has been a nightmare. I have had a tremendous amount of people coming in and out to take apart parts and inspect and looked, and finally all the inspections have been completed; however, I still need to do the final spot survey. I beg of you to give me just a little bit more time. My building permit does not expire until April. And I beg of you to give me enough time to finally complete it. I hope it will not take me that long, but my experience, it has been very painful, very long. Just to get the engineering, it has taken me a long time and a lot of different companies and consultants to get it, and money. So please give me a little bit more time, and please be lenient with me with the fines. I have tried everything I possibly can to be in compliance. I beg of you for some leniency. BOARD MEMBER FUENTES: What are you looking for when it comes to time? MR. JAEN: Just give me to the end of my permit, which is April. MR. PITURA: April 2025. MR. JAEN: I hope to have it done before. BOARD MEMBER FUENTES: I mean, it's hard to tell this October 24, 2024 Page 102 man no. I mean, okay. CHAIRMAN KAUFMAN: We can do -- since it is not in compliance, we have a choice of two things. We can do a continuance for 30 or 60 days or, whatever, or we can impose the fine. So he'll have -- it looks much better on the paper when it comes here and says "has abated" rather than "has not been abated." So do you want to grant 60 days just in case? BOARD MEMBER FUENTES: You do it. CHAIRMAN KAUFMAN: Okay. I make a motion that we grant a continuance of 60 days. BOARD MEMBER ELROD: Christmas. BOARD MEMBER FUENTES: Ninety days, ninety days. BOARD MEMBER CURLEY: Ninety. MR. JAEN: The holidays. BOARD MEMBER BHATLA: Ninety days at least. CHAIRMAN KAUFMAN: Hold on. He said he needs 30. I went to 60. BOARD MEMBER CURLEY: No, he asked -- CHAIRMAN KAUFMAN: He can go to April if he wants. BOARD MEMBER RUBENSTEIN: But we're just giving him one month. CHAIRMAN KAUFMAN: Hold on one second. BOARD MEMBER RUBENSTEIN: Ninety would be more appropriate. CHAIRMAN KAUFMAN: Well, the fines continue to accrue. It's in his best interest to get this thing done right away so the fines stop accruing. So I have no problem doing 60 or 90 days. I understand we don't meet in December. BOARD MEMBER CURLEY: Okay. So is there a motion on the table? CHAIRMAN KAUFMAN: I started to make a motion for 60 October 24, 2024 Page 103 days, but if you want it to be 90, it just costs the respondent more money. If he doesn't come back in 90 days, it's when it's resolved that the fines stop accruing. BOARD MEMBER BHATLA: He can come back early. CHAIRMAN KAUFMAN: Well -- MR. JAEN: Yes. CHAIRMAN KAUFMAN: Well, he can't come back in December. BOARD MEMBER CURLEY: All right. So let's start -- BOARD MEMBER BHATLA: Ninety days would be better, I think. MR. JAEN: Please. BOARD MEMBER FUENTES: He asked for April, guys. BOARD MEMBER CURLEY: I know. Just give him to April. BOARD MEMBER RUBENSTEIN: He can come back in January. BOARD MEMBER FUENTES: He asked for April. CHAIRMAN KAUFMAN: No. How much time do you want, 90 days? MR. JAEN: Until my building permit is no longer viable, which is April. That will give me enough time to complete everything and schedule for me to come back and ask for the reduction or forgiveness of the fines, which is my next step after I get it all done, please. I hope to do it earlier, but it's just been a struggle, honestly. It's not that I wanted to keep going. BOARD MEMBER RUBENSTEIN: This is four years. BOARD MEMBER CURLEY: Okay. So I appreciate your honesty, and I want you to make sure you take a nice big breath. We all are volunteers here, and we understand how painful it is to learn stuff that you're not familiar with. And I think with your permit October 24, 2024 Page 104 available till April, we should make it, like, until, like, April 1st, so you have everything in compliance, and then your permit expires after you're all done. So it would be better for us to feel more confident that you will use April 1st as a deadline for us. MR. JAEN: Thank you. BOARD MEMBER CURLEY: Then you won't get caught up in the dragnet of permit expiring. I think that's tons of time for you, but I don't want you to, like, have a heart attack here talking to us. We understand -- MR. JAEN: Thanks. BOARD MEMBER CURLEY: -- stuff happens, and we see delays. And we might as well just keep kicking this down the road. We'll see you in 90 -- in April -- probably in the March meeting. MR. JAEN: As early as I can. Thank you. BOARD MEMBER CURLEY: Do you want to do it to the March meeting? BOARD MEMBER FUENTES: Letourneau wants to say something. MR. LETOURNEAU: No. I was just saying you haven't voted on it yet, so... CHAIRMAN KAUFMAN: That's right. We don't -- BOARD MEMBER CURLEY: So I make a motion to extend it to April 1st, 2025, or continue, whatever it is. CHAIRMAN KAUFMAN: Okay. Our meeting in April is towards the end of the month, so you ought to make it in March. BOARD MEMBER CURLEY: Yeah. CHAIRMAN KAUFMAN: You don't want the building permit to expire. BOARD MEMBER CURLEY: If you want to amend my motion, you can set the date for whatever the March meeting is. I'm glad to adhere to that. I don't have it in front of me, and I don't know October 24, 2024 Page 105 it. CHAIRMAN KAUFMAN: Helen, do you know when our March meeting is? MS. BUCHILLON: March is on the 27th, and April is the 24th. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Obviously, if he gets it done before that, we'll bring it back early. CHAIRMAN KAUFMAN: Okay. MR. JAEN: Thank you. CHAIRMAN KAUFMAN: And it's in his best interest to do that because -- MR. JAEN: I understand. CHAIRMAN KAUFMAN: -- it's $100 a day that's accruing. MR. JAEN: Of course. CHAIRMAN KAUFMAN: Okay. We have a motion -- BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: -- and a second for the March 27th date. BOARD MEMBER CURLEY: 2025. CHAIRMAN KAUFMAN: Right. BOARD MEMBER RUBENSTEIN: Continuance. CHAIRMAN KAUFMAN: Continuance. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? October 24, 2024 Page 106 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JAEN: Thank you so much. MR. PITURA: All right. Thank you. MS. BUCHILLON: He didn't say ops costs. Next case, Case No. 14, CESD20210011806, St. Jean Services, LLC. This is the case we added to the agenda. 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. DUCATEL: I do. MS. PULSE: I do. CHAIRMAN KAUFMAN: State your name on the microphone for us, please. MR. DUCATEL: My name is Rico Ducatel. CHAIRMAN KAUFMAN: Can you move it up a little bit higher? MR. DUCATEL: Rico Ducatel, sorry. CHAIRMAN KAUFMAN: Okay. MR. DUCATEL: Am I supposed to talk first, or does she talk first? CHAIRMAN KAUFMAN: She talks first. BOARD MEMBER FUENTES: He has to take a call. CHAIRMAN KAUFMAN: She's going to read -- BOARD MEMBER CURLEY: He's talking right now. CHAIRMAN KAUFMAN: One of the Board members forgot to turn his phone off, so... Okay. Good morning. MS. PULSE: Good morning. CHAIRMAN KAUFMAN: Long time no see. You want to read the case into the record for us? October 24, 2024 Page 107 MS. PULSE: Yes, sir. For the record, Dee Pulse, Collier County Code Enforcement. Past orders: On July 28th, 2022, 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, OR6165, Page 3459, for more information. On February 23rd, 2023, and June 27th, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board in Documents and Images for more information. The violation has been abated as of October 2nd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 26th, 2024, to October 2nd, 2024, 677 days, for a total fine amount of $135,400. Previously assessed operational costs of $59.28 and $59.56 have been paid. Operational costs for today's hearing, $60.26. Total amount: $135,460.26. The gravity of the violation was not health and safety. Any actions taken by the violator to correct: Obtained Permit PRSD20221149964 for windows with a certificate of completion on April 27th, 2023, and obtained Permit PRDM20240938394 for shed demolition with a certificate of completion on October 2nd, 2024. Any previous violations committed by the respondent: No. Any other relative factors: None. CHAIRMAN KAUFMAN: Okay. It looks like it took a while. MR. DUCATEL: Yes. It's -- Lord, do you know. So basically what happened was going through various GCs, one that was supposed to know everything and was supposed to inform us, me and my family, but never did. So it's been a multiple thing of, you know, getting a shed and not October 24, 2024 Page 108 knowing the rules and then trying to go correct it and thinking that your general contractor has your best, you know, thing in hand, and then to find out that, hey, this is not working. They're not doing it, and they're not informing me, to getting a new general contractor and having to start from scratch. So it's been a while, but it's finally finished. CHAIRMAN KAUFMAN: This was just a window? MR. DUCATEL: No. So what it was was it's an installation of a shed. So back in, like, 2021, of course, talking to a salesperson and being like, hey, this would be awesome. You know, my family, we can put -- not having, like, a garage, we can put some of our excess stuff in there, and the salesperson was, like, absolutely, and it's a shed, and told us, hey, you're not going to even need a permit, and all you're going to need is the manufacturer, like, structural stuff, and we have that on file. And basically it was, oh, yeah, cool, we need one. And so we end up getting it, and in that same year, my older brother had some, you know, financial constraints and so moving back to the home. So there was some improvements made on the shed. And then when it came to my knowledge that, hey, these improvements as well as the shed needs to be -- needs to be through the process. There's a process for it. And so we got our first general contractor, and he was basically, like, hey, you guys are, like, a homeowner, so you can basically do it. You just need our GC overview. And I was like, okay. And so basically for about six months to a year, I was just trying to do it myself and learn and go back to the salesperson and get the manufacturer stuff. And basically, about nine months to a year in, I'm like, hey, this is not working. I can't do it. I don't have the knowledge or the expertise to do it. And so I told my GC, hey, you need to step in and you need to, October 24, 2024 Page 109 you know, do whatever paperwork needs to be done with the county. And basically, he went about doing so. So for about six to nine months -- and the lady in that permit department for the first general contractor, like, left, and basically I was kind of like ghosted. And so I said, hey, there's -- I don't want to say "incompetence," but, hey, I'm not -- what I'm paying for I'm not getting. And so letting go of the first GC and then getting another general contractor and say, hey, here, this is what we want to do. But, basically, more or less, they applied for the wrong permit. So I spent about a year and a half trying to -- rejected and fixing rejections of installation of a shed, but the moment that you improve on a shed, it's no longer a shed. Now it becomes something different. And through variances and all that other stuff and learning that over the course of this entire time, and all of the money, a lot of engineers, a lot of headache, a lot of FEMA, a lot of lifting, and 18 inches above the road and all that kind of madness but always keeping in communication with Dee and -- BOARD MEMBER FUENTES: I want to make a motion, if that's all right, real quick here. MR. DUCATEL: Absolutely. BOARD MEMBER CURLEY: Just a quick point of clarification. Mr. Chair, the windows permit was completed in April of '23, so he's -- the dragnet here was the -- MR. DUCATEL: Shed. BOARD MEMBER CURLEY: -- shed. MR. DUCATEL: Yes. BOARD MEMBER FUENTES: So I'm just going to make a motion to reduce the county's fines to $100, and then today's operational costs of $60.26 do need to be paid within 30 days, okay? MR. DUCATEL: Thank you. BOARD MEMBER ELROD: Second. October 24, 2024 Page 110 CHAIRMAN KAUFMAN: Second. BOARD MEMBER CURLEY: I think we all second that. BOARD MEMBER FUENTES: All those in favor? CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: It carries unanimously [sic]. Okay. It's $100. Dee will tell you what to do, and that -- MR. DUCATEL: I'll pay on my way out. CHAIRMAN KAUFMAN: You got it. MS. PULSE: Thank you. MS. BUCHILLON: We're almost done. CHAIRMAN KAUFMAN: Excuse me. MS. BUCHILLON: We're almost done. We have four more cases, two regular hearings and two impositions with no respondents present. Back under hearings: Number 8, CELU20230001418, Jose R. Espinoza and Miguel Espinoza. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. And service was given? October 24, 2024 Page 111 MS. BUCHILLON: For the record, respondents were notified regular and certified mail October 3rd, 2024, and it was also posted at the property and courthouse October 2nd, 2024. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MARINOS: Or good afternoon, I guess. CHAIRMAN KAUFMAN: You're four minutes into it. MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CELU20230001418 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03, an agricultural zoned unimproved property with outside storage for commercial businesses located at 1210 Ivy Way, Naples, Florida, 34117. Folio 302840007. Service was given on February 23rd, 2023. This case originated as a complaint. On February 17th, 2023, Investigator Joe Marino met with the manager of D&C Roofing, Leo, on site as well as employees of another company, Martin's Roofing. Both companies stated that they rent space on the property to store construction materials on site and did not have the contact information for the property owner. A notice of violation was prepared and posted on site on the 23rd of February 2023. At that time, Investigator Marino received contact from Amanda Torres, purported representative of the property owner, that stated that they had begun the removal of materials and ceased bringing in new materials on site. Re-inspections on 11 April 2021 and 22 May 2023 resulted in materials remaining on site. Violation remains. I was transferred this case on the 13th of November 2023. October 24, 2024 Page 112 Since that time, none of my attempts to contact the owner representative or any other entity on site have bore fruit. No request for return calls or notices on site have resulted in contact. As of prehearing inspection on the 23rd of October 2024, violation remains. A contact call was received this morning from another representative, Anissa, stating that the materials are being removed from the site as of today, which means the violation still absolutely remains. I would now like to present case evidence in the following exhibits: Two pictures taken from the 21st of February 2023 by Investigator Marino showing initial conditions, one picture taken on 10 April 2023 taken by Investigator Marino showing reinspection conditions, and three pictures taken on 23rd October 2024 taken by myself showing the current conditions. All pictures are stored on a shared drive to which I have access. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the photos. BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? October 24, 2024 Page 113 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: So you can see here a very large amount of construction roofing materials stored. Again, this is an unimproved agriculturally zoned property down off of Frangipani out in the middle of pretty much nowhere. Here's another view of that site. You can see some of the trucks backing in and out. This is two properties down from an occupied property with a home on it and across the street from another occupied property with a home on it. This was reinspection conditions after supposedly a huge amount of material had been removed. Clearly quite a few pallets remaining. As of yesterday, you can see quite a bit of the vegetation has grown up over the site. You can't necessarily see a whole lot. A little bit further back you can see just a more wider view, but there is just a little bit peeking through there. You can see through the vegetation. And again, we have verbal testimony from a representative today that there was still material on site as of this morning. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: This is terrible for the neighbors. Can you imagine the dust and dirt and noise when they're supposed to be living in a rural area? BOARD MEMBER FUENTES: Terrible. BOARD MEMBER CURLEY: It is. CHAIRMAN KAUFMAN: Okay. We'll have them executed. BOARD MEMBER CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion -- October 24, 2024 Page 114 BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: -- that a violation exists. It's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have a suggestion for us? MR. MARINOS: I certainly do, sir. If I can get it to scroll down. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: There we go. All right. Recommendation: That the -- oh, that's wrong. 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, ceasing the prohibited outdoor storage activity which is not a permitted, accessory, or conditional use in this zoning district within blank days or a fine of blank per day will be imposed until the violation is abated. And the respondent must notify the Code Enforcement Board investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the October 24, 2024 Page 115 assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion on this one: 59.28 paid within 30 days. MR. MARINOS: Mr. Kaufman. CHAIRMAN KAUFMAN: Yes. MR. MARINOS: I apologize. There was a -- there is an update and fix to that recommendation, and apparently I just read the one wrong. If you wouldn't mind, can I reread that into the record? CHAIRMAN KAUFMAN: Go ahead. MR. MARINOS: Thank you very much. I apologize about that. (Apple watch sounding.) BOARD MEMBER FUENTES: I don't even know how to turn that off. CHAIRMAN KAUFMAN: I don't either. BOARD MEMBER CURLEY: You shouldn't wear it if you don't know how to use it. CHAIRMAN KAUFMAN: The phone is turned off. I can't believe this. Okay. You're in charge. BOARD MEMBER FUENTES: I'm so sorry. I called the wrong number. I am so sorry. Can you please hang up for me? Thank you so much. Please hang up. Thank you. Thank you. I figured it out. MR. MARINOS: We got there. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: All right. Back to that. I apologize again. This is the corrected recommendation. CHAIRMAN KAUFMAN: Right. MR. MARINOS: That the Code Enforcement Board orders the October 24, 2024 Page 116 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, removing all unauthorized accumulation of items/material not permitted for outside storage on a vacant unimproved property to a site designated for such use within blank days, or a fine of blank per day will be imposed until the violation is abated; and, Two, that the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all cost of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. My motion was going to impose the 59.28 within 30 days, the property needs to come into compliance within 30 days, or a $500-a-day fine will be imposed, and that's mostly because they have not returned or gotten in contact with Code. BOARD MEMBER CURLEY: So why not two days? Why 30? They've had a year. It's not like it's a container. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: That's my motion. BOARD MEMBER ELROD: Second. BOARD MEMBER RUBENSTEIN: I'll second the motion. BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. October 24, 2024 Page 117 BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Now, could they be asked to fix the road that they destroyed for a year and a half? MR. MARINOS: The road is a private road there. It is all dirt road. I don't know necessarily that they've destroyed a whole lot of the road itself. Clearly, obviously, though, big problem with storage. CHAIRMAN KAUFMAN: It's not part of our case, so... BOARD MEMBER CURLEY: I know, but I asked. CHAIRMAN KAUFMAN: Okay. Do you want to ask any other questions that we don't have any business discussing? BOARD MEMBER CURLEY: No, but I -- MS. BUCHILLON: Okay. Next case, No. 10, CEVR20230008310, Joseph Lawrence Williams. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Wow, you haven't changed. MR. MARINOS: Good to see you again. CHAIRMAN KAUFMAN: There you go. All right. Let the record reflect that the respondent is not present. MS. BUCHILLON: For the record, respondent was notified regular and certified mail October 3rd, 2024. It was also posted at the property and courthouse October 2nd, 2024. CHAIRMAN KAUFMAN: Okay. Your case. October 24, 2024 Page 118 MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CEVR20230008310 dealing with violations of the Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), an agriculturally zoned unimproved property with removal of cypress trees and underbrush without an approved vegetation removal permit located in unincorporated Collier County, Naples, Florida, 34116. Folio 41501960006. Service was given March 4th, 2024. This case originated as a complaint from the Collier County Sheriff's Office due to previous criminal activity on site. On March 13th, 2023, Investigator Marino responded to a CCSO complaint for Case CEVR20230001783 regarding illegal tree removal and clearing on site. He discovered extensive clearing at the property. Research shows wetlands on site at the time -- or as well, requiring -- sorry -- requiring further FDEP permitting to allow for clearing. When the purported property owner, Mr. Hagdad, was contacted, he stated that the property had been sold to William Joseph Lawrence and Risotto Valentine Crystal of 2260 Keane Avenue. A notice of violation was issued at that time to Mr. Hagdad. No abatement efforts were made. Property was then transferred to a new owner, and a new case was opened on 20 September 2023. Previous investigators made contact with property owner Joseph Lawrence Williams on one occasion, who refused to speak to him at the time and stated he would call back. That call was never placed. Since that time, no contact has been able to be made with the property owner. No request for a return call, haven't received a response, and no amount of tags left on site or at the listed property owner's address have met with response. I was transferred this case on 10th of July 2024. I made an October 24, 2024 Page 119 attempt to contact the property owner and dropped tags at registered address. No response. At that time, I prepped the case for a hearing. As of prehearing inspection, the site is inaccessible due to debris across the road. There is no structures on that road, so it's just a dirt road leading kind of nowhere. But there's been no vegetation removal permits or restoration plan on file, so violation remains. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: I would now like to present case evidence in the following exhibits: 01 environmental determination from Case CEVR20230001783 showing vegetation permit required; FDEP approval required; 06 pictures from 10 March 2023 taken by Investigator Marino showing initial conditions. And that would be it for today. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept the photos? BOARD MEMBER ELROD: Make a motion to accept the photos. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) October 24, 2024 Page 120 CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: All right. So we've got six photos showing the initial conditions. This is a cut-in road. Again, this is an unimproved property with no approved clearing at all. You see cypresses down there, downed trees. There's a little closeup to see some of the trees themselves. Here you see some of the material in the back, some of the people staying back there. There is -- this is a front view of the illegal gate, obviously, placed across the property. And then there's a little bit closeup of some of the heavy equipment that was presumably used to clear, and including, obviously, protected cypress trunks there, clearly cut by chainsaw. CHAIRMAN KAUFMAN: You said this was reported by Collier County Sheriff? MR. MARINOS: Yes, sir. There had previously been stolen property found -- sorry. Stolen -- yeah, stolen property found on this site, so they had an eye on the property and had come back and found this ongoing. CHAIRMAN KAUFMAN: Okay. All right. Well, considering that it's been very difficult to get ahold of the different owners of this property, I would make a motion that we put him on a short leash. Thirty days or a $500-a-day fine. BOARD MEMBER CURLEY: Do we want to make a motion that a violation exists? CHAIRMAN KAUFMAN: Yes. Make a motion a violation exists. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. October 24, 2024 Page 121 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: And I apologize. I forgot to share the -- show the environmental determination. Would you-all like to see that? BOARD MEMBER CURLEY: Yes. MR. MARINOS: Overlooked in my haste. No permits requested. No clearing to occur on property without a proper building permit or VRP. Area is wetlands, so permits from FDEP would also be required. Compliance option is case clearing. Restoration must occur if no permits are applied for. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Before we vote, I have a question. BOARD MEMBER BHATLA: You have a motion? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: We're in discussion, right? CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER BHATLA: Second. BOARD MEMBER RUBENSTEIN: Okay. Kevin, are the Code officers allowed to use drones to go and observe the property without physically stepping on and violating property rights? MR. NOELL: I'd have to research that issue to be sure. I October 24, 2024 Page 122 know that there's recent laws and things that have been passed with drone usage, but just off the cuff, I wouldn't -- I wouldn't be comfortable giving you an answer. I'd be happy to look at that and come back to you next meeting. BOARD MEMBER RUBENSTEIN: Great. CHAIRMAN KAUFMAN: Okay. I've got a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. BOARD MEMBER CURLEY: Doesn't he need to read this into the record before we vote on it? CHAIRMAN KAUFMAN: This is a case. We just went through the case. BOARD MEMBER CURLEY: I know, but he's got his recommendation, and he reads that, and then you fill in the blanks. CHAIRMAN KAUFMAN: Well, I made a motion before he read it in. It's probably not a lot different from his motion. He left the days and the fine off of that; is that correct? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. And the court costs, which I added. MR. MARINOS: 59.28. CHAIRMAN KAUFMAN: Right. The rest of it stays like that. All I did was fill in the blanks. BOARD MEMBER CURLEY: I was just unsure that he didn't have to read that into the record. CHAIRMAN KAUFMAN: Okay. October 24, 2024 Page 123 BOARD MEMBER CURLEY: You don't have to read that into the record? CHAIRMAN KAUFMAN: No. MR. MARINOS: I believe you made a motion that the violation exist but not the -- MS. BUCHILLON: Yeah. You haven't set days yet. BOARD MEMBER CURLEY: I know it. I'm trying to roll this back. CHAIRMAN KAUFMAN: The violation exists. We gave him 30 days and a fine of $500 a day. MR. MARINOS: Sir, you're right. You did say that. CHAIRMAN KAUFMAN: That was my motion to fill in the blanks. BOARD MEMBER CURLEY: Yes, sir, but you made the motion before we made the motion that a violation exists. CHAIRMAN KAUFMAN: And then I repeated it. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Okay. So that case is done. MR. MARINOS: Yes, sir. Thank you very much. We appreciate your time. MS. BUCHILLON: Okay. Next case, under motion for imposition of fines and liens, No. 3, CESD20230007258, Hugo Andres Tartaro and Roxana G. Armanza. CHAIRMAN KAUFMAN: Let the record reflect that the October 24, 2024 Page 124 respondent is not present. Notice? MS. BUCHILLON: For the record, respondents were notified regular and certified mail October 3rd, 2024. It was also posted at the property and courthouse October 3rd, 2024. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. 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, PG1074, for more information. The violation has not been abated as of October 24th, 2024. Fines and costs to date are as follows: Part B, fines have accrued at a rate of $200 per day for the period from May 25th, 2024, to October 24th, 2024, 153 days, for a total fine of 30,600. Part C, abated by compliance deadline. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.56. Total amount: $30,659.56. CHAIRMAN KAUFMAN: Okay. The respondent is not present, so we have no counter. So take a motion from the Board. BOARD MEMBER FUENTES: Make a motion a violation -- well, I make a motion for the county to impose its fines. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Second. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. It's seconded. All those in favor? October 24, 2024 Page 125 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And our last case, No. 11, CESD20210001477, Four Amigos 3, 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. AMBACH: I do. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. Helen, the -- MS. BUCHILLON: For the record, respondents were notified regular and certified mail October 8, 2024. It was also posted at the property and courthouse October 4th, 2024. CHAIRMAN KAUFMAN: Chris -- MR. AMBACH: All set? CHAIRMAN KAUFMAN: -- do you want to read this into the record for us? MR. AMBACH: Yes, sir. For the record, Chris Ambach, Collier County Code Enforcement. Past orders: On May 26th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, October 24, 2024 Page 126 OR6141, Page 1020, for more information. On September 25th, 2022, November 11th, 2022, and January 26th, 2023, the Code Enforcement Board granted an extension of time. On April 27th, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in Documents and Images for more information. The violation has not been abated as of October 24th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from April 27th, 2023, to October 24th, 2024, 547 days, for a total fine amount of $109,400. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $60.05. Total amount: $109,460.05. CHAIRMAN KAUFMAN: Okay. Any motions from the Board? BOARD MEMBER FUENTES: Make a motion to have the county's fines be imposed. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) October 24, 2024 Page 127 CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Chris. We have one more speaker; am I right, Kevin? MR. NOELL: I do believe we have one staff comment, yes, sir. CHAIRMAN KAUFMAN: Okay. MR. IANDIMARINO: Good afternoon. Tom Iandimarino, director for Code Enforcement. I just wanted to kind of go over a couple things with the Board. Ron Tomasko is hiding behind me, our County Attorney. The code lien relief resolution that was passed by the Board of County Commissioners last year is just -- I kind of wanted to kind of go over. If you look at the imposition of fines, and when you look at the gravity of the violation, look at what the violator has done to abate the violation, those are what you're required to look at under 162 -- in Statute 162, I think, .09, I think. So one of the other elements that you can take into consideration is what the Board may have considered on the back end. Now, for these particular instances right here where you had these last two imposition of fines where the people weren't here, the violation is still in -- not in compliance, those fines can continue to accrue for years, decades, okay. The resolution for code lien relief is kind of designed for those individuals. For the individuals who are getting code lien relief because, you know, you reduced the fines down to 5,000 or $10,000, they're going to end up paying 5- or $10,000. They're not going to be able to ask for code lien relief because more than likely the value of their property is going to be more than the 10 percent what they would be able to get relief on the back end. So if the value of the property -- again, I'm kind of jumping around here a little bit, excuse me. If the value of their property is $500,000 as assessed by the Property Appraiser, and you give them a October 24, 2024 Page 128 fine of $50,000, that's 10 percent of the assessed value. If you gave them a fine for $55,000, they can go to the BCC and ask for relief of the other 5,000 to get down to the 10 percent. Does that kind of make sense? If you give them a fine of 49,000, they're not asking -- the BCC's not even going to consider their -- a relief in that factor. So that's the challenging issue. And I know Ron wanted to make sure that, you know, we're trying to stay as close to what the BCC is asking, but yet you still have the ability to make your decisions as the Board. So questions? Go ahead. BOARD MEMBER CURLEY: Sometimes we have no idea what the values of the properties are, ever. MR. IANDIMARINO: That's fine, and you don't need to know that. That's okay. And we're not going to necessarily be putting that in as a factor for you to take into consideration. The factor that you need to take into consideration is what 162 allows you to take into consideration. I just wanted to share with you that that's kind of number that -- that is the number that they use for the resolution. BOARD MEMBER FUENTES: Typically, I like to put an amount due or based on the time frame of the file that's been open. Perhaps it's, you know, a four-year-old case, and then the severity of the violation itself. If it was a safety-health issue with, you know, a garage that wasn't permitted, an illegal conversion, things of that sort. MR. IANDIMARINO: Right. And as the Board, you have the decision [sic] to reduce the fine to what you decide to do. That's not -- I'm not here to try to swayed you to go higher or lower. I just want to let you know of the code lien relief resolution that is in place, that for those who -- like, the last couple that you've imposed, those fines may continue to accrue for a long time. That's out of your hands now. That's done. October 24, 2024 Page 129 So if they come into compliance six months from now or six years from now, those fines could be 160,000 or, you know, 500,000. BOARD MEMBER FUENTES: Which you waived. MR. IANDIMARINO: Well, they can -- they would waive -- they may waive up to -- or down to 10 percent of the value of the assessed value of the property. CHAIRMAN KAUFMAN: I think that's the way we've been operating over the years to do what you said. We have reduced $150,000 fines to 10- or $15,000 over the course of time. When you have a fine that's 150- or 200,000 for a garage, we understand that the assessed value of that garage is not going to be that high, and we act accordingly. MR. IANDIMARINO: I understand. I just wanted to kind of bring it up to you guys to let you know that, you know, the lien relief resolution is out there, and if you have questions about it, we can send you -- I could have Helen send you the code lien relief resolution. We'll send you the application, that if somebody was to apply, this is what they would have to do, so you can be more aware of how they have to go through the process on the back end. BOARD MEMBER FUENTES: So just to clarify, in order for someone to not qualify for this code lien relief program, the violation value would have to be lower than 10 percent of the assessed value of the property, the appraised value of the property? MR. IANDIMARINO: The fine value. BOARD MEMBER FUENTES: Fine value. MR. IANDIMARINO: So if -- whatever the assessed fine is. If the assessed fine is higher than the assessed value of the property -- like, we have some code fines that are, you know, $2 million on a piece of property that's, you know, worth $15,000 on a lot in Copeland. We're never going to get that much money, never going to get that out of that property. You understand that. So we October 24, 2024 Page 130 sell the property, and it ends up going for whatever, and then we get pennies on the dollar on the back end out of it. BOARD MEMBER CURLEY: Right. So I understand that you're telling us that, but we have no way of that -- it's good that we know that this new rule or law exists, but we have no way to not let that happen to not overfine people beyond the 10 percent, so we can't -- BOARD MEMBER FUENTES: We're not supposed to know, I don't think. That makes it a non-biased decision. MR. NOELL: And if -- BOARD MEMBER CURLEY: We can't relieve your department that's going to have these carryover cases. MR. NOELL: And if I can just jump in, I think it would be helpful -- Kevin Noell, attorney for the Code Enforcement Board. I think it would be helpful just to send over the resolution, and as all communications that go to the Board as a group, that's just a one-way communication. As we don't do -- don't "respond all," because we wouldn't want to violate the Sunshine Law. But that resolution would be more just to kind of edify the Board as to the process downstream, so to speak. I think what's important right now for the Board -- because one of the things as the Board has done is we want to -- the Board, I know, wants to strive to continuity and kind of a consistent approach on various cases, whether the case has been extremely old, and it's been someone who's been just dragging their feet on getting into compliance, that factual situation may be treated very differently than someone who got into compliance within 60 days or ran into a paperwork struggle. And so the biggest considerations for the Board is found in Florida Statute 162.09, as the director had alluded to. And in every hearing that we have, when we go to the imposition of fines, we always see at the bottom of that hearing, or the recommendation, the October 24, 2024 Page 131 factors to consider, the gravity of the violation, the health/safety, and things of that nature. One thing that I've seen the Board do at times -- and I think it would be maybe beneficial at each time that there's going to be a reduction or a recommendation of a reduction in that fine amount, to just put on the record of, hey, this is their first violation, or it hasn't been a serious violation and they quickly complied. So I would -- my motion would be for a reduction of the fine amount to X, and that would just give a basis -- and I would be sure, of course, to put that in the orders, and that would give a basis for the Board's collective reasoning on the reduction. BOARD MEMBER RUBENSTEIN: At what point does the county lien the property? MR. NOELL: So what happens -- that is a lien. Once the order is recorded, that becomes a lien on the property. Once there's a fine that is then imposed into a lien, that -- once it's recorded, that becomes the lien on the property. BOARD MEMBER RUBENSTEIN: Does the property owner have an opportunity to pay off that lien that's on there? MR. NOELL: They do. MR. TOMASKO: They do. MR. NOELL: And further -- either for the director or the Assistant County Attorney or myself, any questions on that? (No response.) MR. NOELL: Awesome. Well, thank you. I don't know, Ron, if you had any comments you wanted to make to the Board. MR. TOMASKO: No. I think everyone highlighted what needs to be highlighted. It's just, I think, the Board of County Commissioners is looking for some continuity, some uniformity between reductions before this board and any reduction requests that become -- come before them; that the factors that are considered October 24, 2024 Page 132 under the resolution are the same factors that the Code Enforcement Board would consider as well. MR. NOELL: Understood. And I think the Board does a great job of it. I think the hardest job that this volunteer board has that is certainly appreciated by the folks that watch these meetings is each case is so different and each case is so fact-dependent that what may seem like a very unfair outcome is actually extremely fair, and so that's the hard thing. And I think by just having our orders say, you know, I'd make a motion to reduce the fine amount to X because of one of those factors or maybe all of those factors, or I would make a motion to not reduce the fine at all, and here's my reason. That would maybe be helpful. Thank you for your time on the comments, and if there's nothing else, that's all that I have, and I don't know if the director or Ron has anything. MR. IANDIMARINO: Thank you very much. That's all. BOARD MEMBER CURLEY: Motion to adjourn. CHAIRMAN KAUFMAN: Motion to adjourn. We're adjourned. ******* October 24, 2024 Page 133 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:36 p.m. CODE ENFORCEMENT BOARD ___________________________________ ROBERT KAUFMAN, CHAIRMAN These minutes approved by the Board on _____________________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.