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CEB Minutes 02/27/2025February 27, 2025 Pge 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, February 27, 2025 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes, Vice Chair Sue Curley Kathleen Elrod Manmohan "Bart" N. Bhatla ABSENT: Lee Rubenstein Tarik N. Ayasun ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board February 27, 2025 Pge 2 CHAIRMAN KAUFMAN: Good morning. I'd like to open the Code Enforcement committee. 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 also includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Having said all that, if you'd all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Good morning, Helen. MS. BUCHILLON: Good morning, sir. CHAIRMAN KAUFMAN: Why don't we start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? February 27, 2025 Pge 3 BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And Mr. Lee Rubenstein is excused, and also, Mr. Tarik Ayasun is excused. CHAIRMAN KAUFMAN: Okay. I'm sure everybody's read the minutes. Anybody have any changes in the minutes? If not, I'll take a motion to accept them as written. BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. MS. BUCHILLON: Yes, sir. We have some withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 2, CESD20240007889, 12275 Collier Boulevard Land Trust, has been withdrawn. Number 3, CESD20230007243, Nathalie Goletiani and Ludmia Goletiani, has been withdrawn. Number 5, CESD20240004939, Cristhian M. Lopez, Misleydis C. Rodriguez, and Ricardo M. Rodriguez Leyva, has been withdrawn. February 27, 2025 Pge 4 Under old business, motion for imposition of fines and liens, No. 8, CEPM20220002333, Treetops of Naples, has been withdrawn. Number 9, CESD20220010426, Richard McElrath, Jr., has been withdrawn. Number 12, CELU20210003385, Fash Properties, LLC, has been withdrawn. Number 13, CELU20220010924, Fash Properties, LLC, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion to approve the agenda as modified? BOARD MEMBER ELROD: Make a motion to -- BOARD MEMBER BHATLA: I'll second it. BOARD MEMBER ELROD: -- approve. CHAIRMAN KAUFMAN: 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: I do have one attorney. Would you like to start with the attorney first before the continuance? CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: ***Okay. First case up under motion for extension of compliance deadline, No. 1, CESD20220010598, HGG Management, LLC. February 27, 2025 Pge 5 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. WOODWARD: I do. MR. COLLIER: I do. CHAIRMAN KAUFMAN: Okay. You're up. Oh, could you state your name on the microphone for us first, please. MR. WOODWARD: Cameron Woodward from Woodward, Pires & Lombardo. I'm filling in for Zachary Lombardo today. So we represent HGG Management, LLC. We're here today -- the structure was damaged in a fire, which was put out, thankfully, by the fire department, and suffered quite a bit of inundation from water. The current compliance deadline was January 16th, 2025. On January 13th, 2025, we filed a motion for extension of time. An amended motion for an extension of time was filed just last week after we received further information which was pertinent to the motion. The engineering work that was required on the firewall was completed and submitted to the county on December 9th, and then the county came back confirming the receipt and that additional engineering work was required specifically regarding the damage to the firewall and how that was being repaired. Our engineer completed that work, which I believe was completed, which was then transmitted to the county on February 5th. After review of our engineering firm's work, County Attorney responded back that the staff will require additional details with regard to exactly how the firewall was being repaired and which structural elements of it were damaged and what those repairs would be to ensure its integrity going February 27, 2025 Pge 6 forward. Those requirements were submitted to Ashmore Design, and we expect, from communications with them, it will take several weeks for them to complete those drawings, and then they'll be submitted back to the county. At this time, the structure is vacant. There's no health, safety, fire issues because there's not anyone in of occupation, and we're requesting, respectfully, 120 days' extension. CHAIRMAN KAUFMAN: Okay. On the extensions of time, we either grant the extension or we don't. That's the Board's job. Anybody want to make a motion on this? BOARD MEMBER ELROD: Make a motion to grant the extension of time. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? BOARD MEMBER CURLEY: I was just wondering if the county was going to speak. MR. COLLIER: I have nothing to add. I did speak with Zach yesterday, and they are working with an engineer. It is going to take them a little more time. It's vacant. Right now they do have some permits in the system that have been reviewed and denied or rejected by the county, so they are working towards compliance. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER BHATLA: I 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: Aye. February 27, 2025 Pge 7 BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WOODWARD: Thank you very much for your time. MS. BUCHILLON: We need to amend the agenda. It's also scheduled for imposition of fine. One second. Number 11, CESD20220010598, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the change in the agenda? BOARD MEMBER ELROD: Motion to accept the change in the agenda. BOARD MEMBER FUENTES: Second. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you can take this one out of your package, 11. Which brings us to? MS. BUCHILLON: ***Next case, public hearings, motions, motion for a continuance of imposition of fines/hearing, No. 1, 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 February 27, 2025 Pge 8 nothing but the truth? MS. LAURA GONZALEZ: I do. MS. STACY GONZALEZ: I do. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Everybody sworn? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. LAURA GONZALEZ: Laura Gonzalez. CHAIRMAN KAUFMAN: And? MS. STACY GONZALEZ: Stacy Gonzalez. CHAIRMAN KAUFMAN: You can move the microphone down. MS. STACY GONZALEZ: Stacy Gonzalez. CHAIRMAN KAUFMAN: Or stand on your toes, whatever. Okay. MS. PEREZ: Good morning. Ms. Gonzalez is -- for the record, Cristina Perez, Collier County Code Enforcement. Ms. Gonzalez and her daughter, Stacy, are here this morning to ask for additional time from the Board, so I'll give it over to them so they can explain their reasoning. CHAIRMAN KAUFMAN: Okay. MS. LAURA GONZALEZ: I'm here to ask to see if we could have six more months to -- we're actually doing an NUA for our porch. It's going to take time. It's in the process. So I need a little bit more time for it to go through. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: So an NUA process, for the Board's understanding, is a nonconforming use accessory, so it's a very similar process to a variance. They have a residential home on a property that is now zoned commercial. Way back when, in the February 27, 2025 Pge 9 days, when the home was built back in the 1960s, they were allowed to put a residential home. Throughout the course of the years, the zoning changed, and now it's commercial. So in order to do any residential improvements, they have to come to the county and ask for, like, a variance process. Initially, the family had decided to do a demolition of that porch, but finding out about the NUA process, they began that process. The permit is in review. So I spoke -- they had their pre-application meeting. I spoke with the planner, and the county has -- or, yeah, the county won't have an objection. They'll make a recommendation that the HEX examiner approve this NUA, but it has to go through the motions. Right now the permit has to get reviewed. Once all those plans are approved the last final project will be that they go to the HEX examiner and he approve it, which they have to do the advertising for a specific amount of time, so that's going to take some time. CHAIRMAN KAUFMAN: You think six months is reasonable? MS. PEREZ: When I spoke with the planner, she said six months could be -- you know, four to six months would be that process. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to grant six months. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER BHATLA: I second. CHAIRMAN KAUFMAN: And a second to grant six months. All those in favor? BOARD MEMBER ELROD: Aye. February 27, 2025 Pge 10 BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: One opposed. Okay. It passes. MS. BUCHILLON: Also, we need to amend the agenda again. They're scheduled for our imposition of fines, No. 16, CESD20230002663. CHAIRMAN KAUFMAN: So 16 is withdrawn. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Take a motion from the Board to amend the agenda. BOARD MEMBER ELROD: Make a motion to amend the agenda. BOARD MEMBER FUENTES: Second. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: ***Next up, we are still under motions, motion for extension of compliance deadline, No. 2, CESD20240002792, Louisette Beauplan. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and February 27, 2025 Pge 11 nothing but the truth? MR. HOLMES: I do. MR. BEAUPLAN: I do. MS. BEAUPLAN: I do. CHAIRMAN KAUFMAN: Well, I'm familiar with this. We've -- this is No. 2; 2792 are the last four digits on the bottom. Okay. This was an unpermitted conversion of a single-family, three-bedroom, one-den, and three-bedroom dwelling into a four-unit multifamily home. Do you want to give us a little quick rundown before we get into it? MR. HOLMES: I think it -- best suited would be to speak to them. I can attest that at this point we don't have any permit on file, no application in the system yet, but they'll be able to explain a little bit more as to why that is the case. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, both of you. MR. BEAUPLAN: Jean Claude Beauplan. MS. BEAUPLAN: Louisette Beauplan. The reason we don't have any permits on file, because when -- I went to the county to file permits, and I was told that the architect need to do it. And the contractor and the architect have not finished up the plan yet, so we're working with the architect. They're working on the plan right now. So the plan is in the drafter. I just got a text from him this morning. I'm going to -- it's going to get done this week, the final drafter for the planning, for him to apply for permits. And I have a letter from him. I have the text messages from him that we've been in touch of what's going on. I guess, due to multiple factors, the drafter was not able to do it in the beginning of this month, so right now it's in process, and it will be done -- once we have the -- he has the final plan, the February 27, 2025 Pge 12 contractor will go in and apply for permits. We'll be done soon. CHAIRMAN KAUFMAN: Has work begun already? MS. BEAUPLAN: No, because there's no permits. CHAIRMAN KAUFMAN: And that's good. BOARD MEMBER CURLEY: Good answer. CHAIRMAN KAUFMAN: Okay. So you're here to request additional time -- MS. BEAUPLAN: Yes, sir. CHAIRMAN KAUFMAN: -- to get everything done. And how much time do you think you need? MS. BEAUPLAN: Originally, back in January, he said 12 weeks -- 12 weeks for the design to be completed. And then I got one, "The project design will be completed within two weeks." So I would say four to six months because I think by next week -- today's Thursday -- he should apply for the permits. That's the next step, because the drafter is going to be done by today or tomorrow. So next we're going to apply for the permits. I don't know, give or take, how long that will take. And I don't know, with the county's review, I don't know how long it's going to take, maybe four to six months. What do you think, Mr. Bradley? MR. HOLMES: Our review process, I can't really put my finger on that because of the extensiveness of the project. It could be 60 days of review depending if there's some back and forth going on. It's really hard to say, so... CHAIRMAN KAUFMAN: We're talking about this to CO, right? MR. HOLMES: Well, to CO, much longer than that. Just to get a permit out to start doing whatever alteration work while they're making this legal. CHAIRMAN KAUFMAN: Right. February 27, 2025 Pge 13 MR. HOLMES: I mean, that's going to be at least 60 days to get a permit ready to start work, and then beyond that. CHAIRMAN KAUFMAN: But I'm saying this case, in order to be in compliance, has to go through all of those -- MR. HOLMES: Oh, absolutely, all the way to CO. CHAIRMAN KAUFMAN: -- all the way through to CO? MR. HOLMES: Yep, absolutely. BOARD MEMBER CURLEY: So just a question. So I see that on November 20th we granted -- it must have been, like, a 90-day extension. Is that what we did? MR. HOLMES: Sixty-day. I think it went to the -- it went to January. It went from November to January, so -- BOARD MEMBER CURLEY: Sixty. MR. HOLMES: -- 60 days-ish. BOARD MEMBER CURLEY: And then we usually do that because we want to see some action taken. CHAIRMAN KAUFMAN: Right. BOARD MEMBER CURLEY: So you have communicated with your crew, and you have documents for that? MS. BEAUPLAN: Yes. MR. HOLMES: One thing here, they provided me this engineer letter. This they had this morning. BOARD MEMBER CURLEY: Dated yesterday? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Do you have a suggestion for us on this case, Bradley? MR. HOLMES: The county's position, after discussion earlier this week, is that we would prefer to see a continuance rather than an extension just to give some motivation. MR. NOELL: So since this is up for a -- they're requesting an extension of the deadline, and so as the -- Chairman, as you February 27, 2025 Pge 14 had mentioned at the start, the options for the Board would be to grant the extension or deny the extension. Continuances would be -- that's a continuances of the imposition of fine hearing, which isn't before the Board right now. So it would be either granting the extension of the compliance deadline or denying their request to extend that deadline. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: I will state, if you guys didn't see on the agenda, we do have it on there as an imposition of fines item as well. So if we option to go that route, we could segue into that item. MR. NOELL: And then that, since it is also set for an imposition of fine hearing, you could continue that hearing. That would be continuing the hearing and denying their request to extend the deadline. CHAIRMAN KAUFMAN: Okay. What number is that on the IOF? BOARD MEMBER ELROD: Two. BOARD MEMBER CURLEY: So it seems like a letter dated a day ago was all that happened from November 20th. It doesn't seem like that's a lot of traction. MS. BEAUPLAN: We have a letter from January from him. I don't think you have -- I think I emailed you a copy of this. We have an email. This is from yesterday because he was -- he was telling me this week we're going to get the final drafter. I'm like, "Okay. We need something because tomorrow is our code date." But we have one from January that's saying that he needed 12 weeks -- yeah, right here. We have one from January. And then when I send it back last week, I'm like, "We need this next week. We have a court date. February 27, 2025 Pge 15 What's going on?" And he texts me saying that his drafter was out of town, and he will have something done. I mean, I have all the text messages. BOARD MEMBER CURLEY: That's fine. I didn't know you had a previous letter before. That's the purpose of bringing you back is to make sure things are moving, so thank you for clarifying that. I'm okay with it. CHAIRMAN KAUFMAN: Okay. Well -- BOARD MEMBER CURLEY: This is a new case. It's a new case. CHAIRMAN KAUFMAN: -- you could, correct me if I'm wrong, hear the extension and grant a continuance on this. MR. NOELL: So what the proper procedure would be is for the Board first to make a vote on whether to grant the extension of the compliance deadline or not. CHAIRMAN KAUFMAN: Okay. MR. NOELL: And then if that's a denial of granting an extension, then it would -- you could move into the motion for the imposition of fine and hearings and grant a continuance if the Board wishes. BOARD MEMBER CURLEY: Well, I'd make a motion for an extension of time on this item right now. Does anybody want to help with the time frame? I mean, things are moving, and it's been for 60 days. BOARD MEMBER BHATLA: Six months is -- BOARD MEMBER CURLEY: Six months. BOARD MEMBER BHATLA: -- reasonable, I think because of the applying of the permit, et cetera. BOARD MEMBER CURLEY: Well, they're going to have to come back anyways because it's going to take a year or two to February 27, 2025 Pge 16 finish this whole project if it gets approved. So let's -- I would be happy with six months. CHAIRMAN KAUFMAN: Okay. Let me -- BOARD MEMBER CURLEY: And fines continue to accrue. CHAIRMAN KAUFMAN: Is there any question as to the zoning on this property? MR. LETOURNEAU: We do have a couple questions. Is this still being used as a rental property? MS. BEAUPLAN: As of right -- right now, yes. MR. LETOURNEAU: And how many people are renting? MS. BEAUPLAN: Two. MR. LETOURNEAU: And they're the same family; they're together? MS. BEAUPLAN: Yes. MR. LETOURNEAU: Okay. That's all. There's only two people? MS. BEAUPLAN: Yes. BOARD MEMBER BHATLA: All right. MR. LETOURNEAU: Okay. Thank you. That's all the questions I have about that. I was just concerned about the "more than one family" being -- renting the property. BOARD MEMBER CURLEY: Yeah. I remember that they had removed the tenants from the rooms that were of question, so they've been good about complying with what we asked for, so -- but did I make a mistake on the fines continue to accrue or they don't not? MR. NOELL: They would not. Yeah, if this is granting the extension of the compliance deadline, fines only begin accruing after a compliance deadline is, you know, passed and the Board finds that. So the -- if the Board wishes for fines to February 27, 2025 Pge 17 accrue, then it would grant the continuance on the motion for imposition of fine segment, which would be later if the Board denies this request for an extension. CHAIRMAN KAUFMAN: So to have fines accrue, you deny the EOT, the extension of time, and you hear the IOF, and then you can grant a continuance for X amount of days, and the time from now until then -- okay. Go ahead. BOARD MEMBER CURLEY: I will just clarify my motion to an extension of time for six months. CHAIRMAN KAUFMAN: Okay. We have a motion to grant an extension of time for six months. BOARD MEMBER ELROD: Second. BOARD MEMBER BHATLA: Second it. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER CURLEY: Aye. Do I need to include the operational costs or, no, that's something else? MR. NOELL: Yeah. I don't believe the Board traditionally has done that with extension of time motions. BOARD MEMBER CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those who are in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Nay. February 27, 2025 Pge 18 BOARD MEMBER FUENTES: We lose. CHAIRMAN KAUFMAN: Okay. It passes. You have six months. MR. BEAUPLAN: Thank you. CHAIRMAN KAUFMAN: I suggest you stay in touch with Bradley and update him on things that are going on, that you're getting the architect, et cetera, everybody in line to start the construction. MR. BEAUPLAN: Okay. MS. BEAUPLAN: Thank you. MR. BEAUPLAN: Thank you very much. MR. LETOURNEAU: Hold on. We need to withdraw the imposition. CHAIRMAN KAUFMAN: Yeah, I will. MR. LETOURNEAU: Okay. MS. BUCHILLON: Yes. Number 2, CESD20240002792, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to modify the agenda. BOARD MEMBER ELROD: I'll make a motion to modify the agenda. CHAIRMAN KAUFMAN: 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. February 27, 2025 Pge 19 Okay. That's done. Which brings us to? MS. BUCHILLON: ***We're still under motions, our last motion for extension of compliance deadline, CESD20200012753, Juan C. Delgado and Yelenys Delgado. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. DELGADO: I do. MR. WILLIAMS: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. DELGADO: My name is Juan Carlos Delgado. MR. WILLIAMS: My name is Asher Williams. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: Good morning. For the record, Jason Packard, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Your case. MR. PACKARD: Their motion for an extension of time, sir. CHAIRMAN KAUFMAN: Okay. MR. WILLIAMS: So we would like to request an additional 18-month extension -- MS. BUCHILLON: Can you speak into the microphone, sir, please? MR. WILLIAMS: Yes. We were going to -- we wanted to request an additional 18-month extension on the case. We've got the restoration actions taken care of, but DEP's been involved, and we're waiting for them to issue a consent order which he can, then, use for his building permit. But that's been a delayed February 27, 2025 Pge 20 process as well as our ability to actually access the mitigation credits that he needs. So we would anticipate within the next 18 months we would have the case complete. CHAIRMAN KAUFMAN: Okay. You're asking for 18 months -- MR. WILLIAMS: Yes, sir. CHAIRMAN KAUFMAN: -- extension of time? Okay. And you say? MR. PACKARD: The county has no objections. They've maintained contact. They've done everything they've been asked for -- they've done everything that's been asked of them. There's just -- like was stated, there's been a delay with DEP throughout the entire process. They jump, and then DEP reviews the footage, then they get back and say, "Okay. Yeah, you jumped high enough." And then the next task, next task. So they've been doing their work. We're just waiting on DEP. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Mr. Chairman, can I ask what kind of building permit you guys are talking about? MR. DELGADO: House. MR. LETOURNEAU: A house permit? MR. DELGADO: Yes. MR. LETOURNEAU: So you feel that you can get the DEP approval and the permit applied for? MR. WILLIAMS: In 18 months. MR. LETOURNEAU: Okay. All right. MR. DELGADO: I mean, we've done everything that was asked. We thought that by this time we didn't need to ask for an extension, but we're here, like I was telling Mr. Packard. I mean, we are in contact. It's not us. I mean, I wish I can build the February 27, 2025 Pge 21 house tomorrow, because I bought the property wanting to, you know, build a house and to live there, and I haven't been able to do it, and it's been four years that I'm doing this. And I mean, I'm asking for 18 months. I wish we can do it in a month, but it's not -- it's not up to us. MR. LETOURNEAU: Jason, what's the extent of the clearing? Will a house cover the whole clearing? MR. PACKARD: Yes. It looks like that it's within the house permit. And then there's wetland stuff that they've got to submit to the county with that permit. So just like previous clearing cases, once that building permit's issued to them, then that should close the case. MR. LETOURNEAU: Right. Okay. No other questions. CHAIRMAN KAUFMAN: Okay. Anybody else have any questions? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion? BOARD MEMBER FUENTES: I'll make a motion to grant them the extension of 18 months. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second for 18 months. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. February 27, 2025 Pge 22 Okay. Good luck to you. MR. DELGADO: Thank you. MR. WILLIAMS: Thanks, appreciate it. BOARD MEMBER FUENTES: We're all so nice today. MS. BUCHILLON: I do have a change to the agenda. We have two stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under hearings, No. 4, CEVR20240002227, Cristhian M. Lopez, Misleydis C. Rodriguez, and Ricardo Michael Rodriguez Leyva. No. 6, CELU20230011037, Cristhian M. Lopez, Misleydis C. Rodriguez, and Ricardo Michael Rodriguez Leyva. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***I'll go ahead and call the first one up, No. 4. CHAIRMAN KAUFMAN: We're going to modify the agenda first. MS. BUCHILLON: Oh, I'm sorry. I apologize. Sorry. BOARD MEMBER ELROD: Motion to modify the agenda. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Motion and 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. February 27, 2025 Pge 23 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. RODRIGUEZ: Yes. MR. LOPEZ: Yes. MS. RODRIGUEZ: Yes. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. RODRIGUEZ: Yeah, Ricardo Rodriguez. MR. LOPEZ: Cristhian Lopez. MS. RODRIGUEZ: Misleydis Rodriguez. CHAIRMAN KAUFMAN: This is No. 4. MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. I met with the property owners yesterday and then this morning, and we discussed the situation of the case, and they agreed to sign a stipulation. It reads as follows: Therefore, it is agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County approved mitigation plans, building or vegetation removal permits, inspections and certificates of completion or occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to an approved permitted state within 120 of this hearing, or a fine of $200 per day will be February 27, 2025 Pge 24 imposed until the violation's abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; And, lastly, that if the respondent fails to abate the violation, the Collier County -- the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have any comments? MR. RODRIGUEZ: No, not really. CHAIRMAN KAUFMAN: No. MR. RODRIGUEZ: We just needed more time because we really haven't done anything. We really got frustrated with the officer before because she will tell us one thing one time, and she'll come again, tell us something else. And then I really got aggravated with that, and I just said, "You know what? I'm not doing anything." But she's explaining more and more of what actually to do. And then another thing is I had a permit on my driveway that she told me from the beginning -- which I didn't know I had to -- how do you say? -- done things which I wasn't supposed to do, like, with the Code Enforcement, and then they told me to stop everything. Even that got held back. And then she calls me after it was -- which right now I can't even -- after I fix this, I can't even put the permit back again. She told me, "Why didn't you finish your other permit?" I'm like, "You told me to stop," you know what I mean? And that really -- that was a point I just didn't do anything for the February 27, 2025 Pge 25 past year. But -- you know what I mean? I just need more time. She explained to me exactly what to do now, so that's why I need more time. CHAIRMAN KAUFMAN: So you're all set? MR. RODRIGUEZ: Yep. CHAIRMAN KAUFMAN: You agree to the stipulation? MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board? BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. 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: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. RODRIGUEZ: Thank you. MS. PEREZ: We have one more, same respondent. CHAIRMAN KAUFMAN: ***Number 6. BOARD MEMBER CURLEY: You're double popular today. (All four participants were previously sworn.) MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement. This stipulation is in reference to Case No. February 27, 2025 Pge 26 CELU20230011037. And again, met with the respondents, and we discussed the initial violation. They have made progress to abate some of the violation, and this is to address the remaining item. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay the operational costs in the amount of $59.23 incurred in the prosecution of this case within 30 days of this hearing; Two, must cease all unauthorized commercial trucking business operations not in conformance with the Land Development Code and remove trailers not owned by the occupant to a site intended for such use within 30 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You stipulated to that? MR. RODRIGUEZ: Yep. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a February 27, 2025 Pge 27 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. RODRIGUEZ: Thank you. MS. RODRIGUEZ: Thank you. MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: ***Next up, under old business, motion for imposition of fines and liens, No. 1, CESD20210002415, Melva Padilla and Nazaria Angelica Nunez. BOARD MEMBER CURLEY: What number, Helen? CHAIRMAN KAUFMAN: Number 1. MS. BUCHILLON: Number 1. 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. KITTS: I do. MR. HOLMES: I do. MS. PADILLA: This is true. THE COURT REPORTER: Your name? MS. PADILLA: Melva Padilla. CHAIRMAN KAUFMAN: Okay. This is an oldie, obviously, from May of 2022. February 27, 2025 Pge 28 MR. KITTS: Yes, sir. CHAIRMAN KAUFMAN: So the problem here is the amount of days and the amount of the fine. MS. PADILLA: I know. CHAIRMAN KAUFMAN: So could you -- are you asking for the fine to be adjusted or removed? MS. PADILLA: Removed, because I don't have money. But I explain to you maybe all this time happen because when beginning this with the garage, and they say the air condition, we got a different companies. They have different kinds, the cable, the deed [sic] -- later is the alarm, later is the -- on the top -- between the roof and the -- and the ceiling, you know. And it's happened, and I come into here, and you give me more time. And separate, I have somebody sick. And I take care of somebody for the transplant to the liver, and I go to the Tampa all the time. And when I supposed to come in again here, and they do the transplant, and I stay over there in Tampa four weeks, and I need again the extensions, you know. And this is all happening, and this beginning with a doggy. You remember maybe, the doggy die, a year and a half. I cremated the doggy. And this is beginning the garage. And I put the air condition for the doggy that stay over there, and I make a good place. But I don't know, the neighbor call the city. And almost -- I'm finished right now because now we have a little more time. And I don't know. It's your decision, everybody, what I do. CHAIRMAN KAUFMAN: Okay. Was this a garage version? MR. KITTS: Yes. CHAIRMAN KAUFMAN: Do you want to give us a little February 27, 2025 Pge 29 rundown? MR. KITTS: It was another investigator's case. I took a look at it. It does look like all the violations have been abated. THE COURT REPORTER: What's your name? MR. KITTS: Oh, sorry. For the record, Ryan Kitts, Collier County Code Enforcement. But the county's here to impose, you know, the full amount of the fine, but we do want to leave it up to the discretion of the Board. CHAIRMAN KAUFMAN: Okay. Was this a garage conversion to convert it to living space? MR. KITTS: Yes. MR. IANDIMARINO: Mr. Chairman, would you like us to read this in? CHAIRMAN KAUFMAN: Please. MR. IANDIMARINO: Thank you. MR. KITTS: Past orders: On March 24th, 2022, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6167, PG3107, for more information. On August 25th, 2024, and November 18th, 2024, and March 28th, 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 January 24th, 2025. The fines and costs to date are as follows: Part one, fines have accrued at the rate of $200 per day for the period from March 28th, 2022, to April 4th, 2022, eight days, for a total fine of 16 -- or $1,600. February 27, 2025 Pge 30 Part two, fines have accrued at a rate of $150 per day for the period from May 24th, 2022, to January 24th, 2025, a total of 977 days, for a total fine amount of $146,550. Previously assessed operational costs of $59.28 and $59.77 have been paid. Operational costs for today's hearing is $60.05. Total amount, $148,210.05. A, the gravity of the violation is health and safety. B, any actions taken by the violator to correct: Permit PRFH20220420036 was finaled on 1/24/25. Any previous violations committed by the respondent/violator: None. And any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Just so I can get a better understanding, this is a garage conversion. Did they do -- put a bathroom in? What was done? MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. So were there walls added, HVAC ductwork was added in, original photographs showed a bedroom area inside in the garage, so it was converted over to living space, and no apparent bathroom facility within the garage, though. CHAIRMAN KAUFMAN: Okay. So it was converted to living space, but it took a lot of days. BOARD MEMBER CURLEY: Well, I mean, we don't see a lot of these ever being completed, the garage space conversion. They usually end up being demoed years later after many permitting attempts. So this -- MR. HOLMES: That's a lot of work to get it done. BOARD MEMBER CURLEY: This is kind of remarkable. I know it took a long time. We can see that in your expressions and your descriptions. February 27, 2025 Pge 31 So not that I want to be forgiving for doing it before the permit was acquired. I want to commend her for actually going backwards and moving forwards and completing it. It's a big job. CHAIRMAN KAUFMAN: Was it vacant during this period of time? MR. HOLMES: Oh, yeah. We didn't have any -- after we came into the scene, I don't believe occupancy continued, so I don't think that was really an issue at that point. It's still considered health and safety just because we have the electrical that was -- CHAIRMAN KAUFMAN: Turned off. MR. HOLMES: -- present, yeah. BOARD MEMBER CURLEY: I mean, does anyone want to make a motion, or do you want me to? BOARD MEMBER BHATLA: What was the Part 1? What is the discontinuity between the Part 1 and Part 2. BOARD MEMBER ELROD: Probably to turn off the electric. It was probably to disconnect the electric. CHAIRMAN KAUFMAN: Generally they disconnect the electric initially so it's not a fire hazard. BOARD MEMBER CURLEY: All right. Well, I mean, I'll make a motion to deny the county's imposition of fines less $1,000, including today's $60.05 costs, for a total of 1,060.05. BOARD MEMBER ELROD: I'll second. BOARD MEMBER FUENTES: So she would have to pay the total amount of one thousand -- BOARD MEMBER CURLEY: $1,060.05. BOARD MEMBER FUENTES: That's what you're reducing it to? BOARD MEMBER CURLEY: Yes, sir. February 27, 2025 Pge 32 BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. We've got two seconds. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So do you understand? The fine has been reduced from $148,210 to $1,000, plus the costs of today's hearing is $60.05. So it's a hundred -- 1,060.05. BOARD MEMBER FUENTES: To be paid in 30 days. MS. PADILLA: Okay. Thank you. Thank you. Thank you so much. CHAIRMAN KAUFMAN: Okay. MS. PADILLA: Thank you. Thank you, sir. Thank you, miss. MS. BUCHILLON: ***Next case, we are still under imposition of fines, No. 4, CEVR20230008759, Edington Place, 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. WILLIAMS: I do. MR. DOWNY: I do. CHAIRMAN KAUFMAN: Could you state your name on the mic for us, please. MR. DOWNY: Good morning. My name is Jim Downy. February 27, 2025 Pge 33 My address is 955 Barefoot Williams, and I have another property on 1095 Barefoot William. Go ahead, Doug. CHAIRMAN KAUFMAN: Okay. MR. WILLIAMS: Doug Williams, Code Enforcement. Past order: On March 28th, 2024, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6353, PG290, for more information. The violation has not been abated as of February 27th, 2025. Fines have accrued at a rate of 100 per day for a period from January -- I mean, I'm sorry, July 27th, 2024, to February 27th, 2025, a total of 216 days, for a total amount of $21,600. Previous operation costs have been paid. Operation costs for today's hearing is $59.42, for a total amount of $21,659.42. CHAIRMAN KAUFMAN: Okay. Sir. MR. DOWNY: I'm just -- like I've been talking with Doug, I hired a company called DexBender. They do all the study for environmental and stuff like that. So I applied for the permit for these guys, for you guys, Collier County, and they're waiting for one signature from DEP of Collier County. And I put in four phone calls so far, and we're waiting on them guys. They're holding up everything. I got the report done. Everything you need. It's just waiting for them to call back, the state. I kept updated with him all the time. I said, "Doug, this is what's going on." We're pushing, pushing, but we've got to wait for them guys. I made a call yesterday at 2:30 after he called me. I said, "Here's another time, I'm calling again. I'm going to call them February 27, 2025 Pge 34 again today. What's going on." MR. WILLIAMS: And he has paid for the permit, $800 for the permit. He's just waiting for -- MR. DOWNY: Yeah. I'm doing everything by the book that they asked me to, but we're waiting for the state to get back to me. CHAIRMAN KAUFMAN: Well, the two things that we can do, we can grant a continuance, or we can impose the fine. So what you're probably -- if I understand you correctly, you're asking for a continuance. MR. DOWNY: Yeah, until we hear from the state. CHAIRMAN KAUFMAN: Okay. And then once this comes before us and it says the fine has been -- MR. DOWNY: So what is my fine now? What am I up to now? CHAIRMAN KAUFMAN: -- abated. MR. WILLIAMS: 21,600. MR. DOWNY: That's pretty much on me. I mean, I've been waiting, waiting, waiting on these people. I mean, I'm doing everything by the book, and I hired this company a year ago. Actually, a year and a half ago. CHAIRMAN KAUFMAN: Do you have any idea when -- I was going to ask you when they're going to get back to you, but that's kind of a moot question. MR. DOWNY: I can call them again, but it's a -- I went to a lady named Dina, and then she pushed me to a gentleman named Bob, and then there's another guy named Joe. So I sent my email, everything we needed. But meanwhile, you got all my reports from -- you know, I gave everybody what they needed for the permit. I'm waiting for them, the state. BOARD MEMBER CURLEY: I think you should call February 27, 2025 Pge 35 Ron. MR. DOWNY: What's that? BOARD MEMBER CURLEY: I think you should call Ron DeSantis. MR. DOWNY: Oh, yeah. Actually, I've been with him a couple -- I should give him a call. I should talk to Yvette next door. But we're trying to do everything by the book. I work with him all the time. I gave him an update, though. That 21,000, I've been trying, but I don't know if I can do that. I've been pushing hard just for a vegetation removal. That's what I'm looking for. But the state is holding me up. And I've got all the reports from DexBender, and I paid a lot of money for that. I did everything by the book, and I keep them updated. He's like my regular customer now. "Hey, what's going on?" He's a great guy, by the way. You've got to give him a raise. He's good. MR. LETOURNEAU: Can we strike that from the record, please? BOARD MEMBER CURLEY: Well, let's not forget why you're here. MR. DOWNY: Oh, yeah. I know, I know, I know. But I just want -- I'm waiting for the state. We want to get -- I just want to do a vegetation removal. I'm not taking trees down. I just want to clean the shrubs. There's old branches. Everything's down. I just want to clean it. CHAIRMAN KAUFMAN: You're going to the state for that or the county? MR. DOWNY: No, we've got to wait for the state. It's a wetland situation there. It's in their hand. BOARD MEMBER CURLEY: Where is this that it's -- CHAIRMAN KAUFMAN: Jeff? February 27, 2025 Pge 36 MR. LETOURNEAU: Doug, we don't have any objection to this. I'm looking at the pictures right now. I've seen a lot worse as far as vegetation removal. And obviously, people are having trouble with the state getting out there and doing their job. BOARD MEMBER FUENTES: Man, Elon. CHAIRMAN KAUFMAN: Let me make a suggestion. That we grant a continuance of two months, and if you get it done ahead of time -- MR. DOWNY: Yeah. CHAIRMAN KAUFMAN: -- you come back then. MR. DOWNY: Yep. CHAIRMAN KAUFMAN: In the meantime, the fines will continue to accrue, and we can solve your fines, reduction, or whatever is going to happen -- MR. DOWNY: Reduction, okay. CHAIRMAN KAUFMAN: -- at that time when it's done. MR. DOWNY: Yep. We can't -- we don't have no answer until we hear from the state. That's the bottom line. BOARD MEMBER FUENTES: Can we discuss it real quick? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER FUENTES: Why don't we grant him six? Because two months really is not going to make a difference here, and this way if he -- in the event that he completes it sooner, he can even request to come before us before the six. But two months, it's going to cost him an operations fee for basically no reason at all. There's no way he's going to get it done in two months. MR. DOWNY: May I say something? When I called the state about a year and a half ago, and I said, "Hey, we're going to do this project," they said they're too busy. February 27, 2025 Pge 37 They said, "Hire a private firm." I said, "I hired DexBender." They said, "Oh, we sign off the report all the time." So they know each other. So we've just got to wait for the DEP of Florida. They're holding this up. But they know about this company. So I already paid them. I'm just waiting for the state. CHAIRMAN KAUFMAN: Okay. Well, six months will give you plenty of time between now and six months to get it done and then come back as soon as you can, because the sooner you come back, the fewer the fines will be. MR. DOWNY: Okay. So I'm not getting fined no more? It's stopped until we figure it out? CHAIRMAN KAUFMAN: No, no. They continue to accrue until this thing gets closed out. At that time, when this comes before the Board, the Board has the discretion to lower the fines, remove the fines, or whatever. MR. DOWNY: Oh, we've got to work on that, okay, okay. CHAIRMAN KAUFMAN: Okay. So we're just going through the -- MR. DOWNY: Be patient. CHAIRMAN KAUFMAN: -- right process. So I modify my motion to six months. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those -- BOARD MEMBER FUENTES: And the operational costs for today of 59.28. CHAIRMAN KAUFMAN: That to be paid. BOARD MEMBER FUENTES: Within 30 days. MR. DOWNY: Six months? MS. BUCHILLON: 59.42. February 27, 2025 Pge 38 CHAIRMAN KAUFMAN: Thirty days on the operational costs of $59.42. Okay? MR. DOWNY: Okay. CHAIRMAN KAUFMAN: Okay. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER FUENTES: So 59.28 need to be paid within 30 days, and we have granted you six months. If for whatever reason, you get that done sooner, you can come before us, and then we can discuss. MR. DOWNY: Okay. Thank you. CHAIRMAN KAUFMAN: 59.42. MR. DOWNY: Yeah. I work with him all the time, so he's helped me out. BOARD MEMBER FUENTES: 59.42, not 59.28; 42. MR. DOWNY: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next case, No. 5, CESD20230007312, Daniel Edward Osborne. MR. OSBORNE: Hi. CHAIRMAN KAUFMAN: Good morning. MR. OSBORNE: 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? February 27, 2025 Pge 39 MR. PIROSSENO: I do. MR. OSBORNE: I do. MR. COLLIER: Yes. CHAIRMAN KAUFMAN: Okay. Could you state your name again on the microphone for us, please. MR. OSBORNE: My name is Daniel Osborne. CHAIRMAN KAUFMAN: Okay. This is a construction without a permit. It has not been abated as yet. MR. OSBORNE: Well, I have a carport that was damaged in the hurricane, and I've been trying to get the permit issue resolved ever since. And I have a carport, and as you see -- actually, I got the permit once, and it was rejected. And I did everything that they asked me to do, the drawings and everything as submitted, aerials, and it just keeps getting rejected. And another situation is the lanai. Evidently, when they came out to look at the carport, on my lanai is a washer and dryer hookup, and the washer and dryer hookup, they said I didn't have a permit for it. And I don't -- you know, now I have an electrician for it, so he can come out and take care of that for me, for the washer and dryer. But the carport, you know, I feel that I should be able to close that up. It rains in my place every time it rains, and it's causing a lot of damage in my place, and I just need to get that closed out and get it rectified. CHAIRMAN KAUFMAN: Okay. MR. OSBORNE: I'm not really sure what I have to do except for getting this permit for the washer and dryer on the lanai, which is a different location. CHAIRMAN KAUFMAN: Let me ask the county to read this in, and they can give us a rundown on it. MR. PIROSSENO: All right. Past orders: On February 27, 2025 Pge 40 August 22nd, 2024, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6419, Page 3219, for more information. The violation has not been abated as of February 27th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from December 21st, 2024, to February 27th, 2025, 69 days, for a total fine amount of $13,800. Fines continue to accrue. Previously assessed operational costs of 59.28 have not been paid. Operational costs for today's hearing, 59.42. Total amount, $13,918.70. CHAIRMAN KAUFMAN: Daniel, are you new? MR. PIROSSENO: Eric. CHAIRMAN KAUFMAN: You're new? MR. PIROSSENO: Oh, yeah. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: With confidence. CHAIRMAN KAUFMAN: That was a confident statement. He is new. Okay. Great. I have a problem with this. This started in August. And from August to now, what's been done? MR. COLLIER: For the record, Adam Collier, Collier County Code Enforcement. So, yes, it did start in August. I believe it was not until March of last year when he applied for the original permit -- or, no, it was rejected in March of last year. He didn't submit the corrections until September of last year, which was, again, rejected, and no corrections have yet been submitted. February 27, 2025 Pge 41 He is correct, it did stem from the repair of the carport from -- for whatever reason, but he extended the footprint of the carport. That's why there's the need for a permit. It came in as a complaint from the park manager, and she is the one that identified the unpermitted utility hookups on the lanai. And it -- if memory serves me, it requires two separate permits, one for the carport and one for the hookups on the lanai. To this date, no permit has been applied for for the utility hookups on the lanai. CHAIRMAN KAUFMAN: Okay. In addition, I see that the 59.28 operational costs have not been paid; is that correct, Helen? MS. BUCHILLON: Correct. MR. OSBORNE: I'm not sure what that is. CHAIRMAN KAUFMAN: Every time you come before us -- in other words, it's our pay. We don't get paid anything. MR. OSBORNE: I see. CHAIRMAN KAUFMAN: But that's to cover the costs of the Board, the lights, whatever. MR. OSBORNE: The rejection was the lanai, which was a different issue. And I was confused on what I was supposed to do for the longest time, and I didn't know what to do with it. So by now, since -- talking with Adam this morning before the hearing here, I've just got to get another electrician to get out and get my permit for the washer and dryer hookup. I mean, if you could grant me a little more time, 30 days, I can have it all done. CHAIRMAN KAUFMAN: Why didn't you pay the operational costs? MR. OSBORNE: I didn't -- I didn't know the operational costs, to be honest with you. I didn't have any idea about that. February 27, 2025 Pge 42 BOARD MEMBER CURLEY: I have a question. So when you had someone repair the carport, was it a company that you hired? MR. OSBORNE: I didn't. Actually, the -- Tammy, the lady that -- the manager at the place there, I guess, got mad at me because I didn't use her people, and she wanted me to use her -- BOARD MEMBER CURLEY: That's not what I asked. I asked, did you repair it yourself, or did you hire someone to? MR. OSBORNE: I was going to. I was going to do it myself because I am a licensed roofing contractor at the same time so I didn't want to hire, you know, Tammy's people -- BOARD MEMBER CURLEY: Sure. MR. OSBORNE: -- when I could just do it myself. BOARD MEMBER CURLEY: Okay. So -- but the question is -- so did someone else do it, or did you do it, the extension, the repair, to the carport? MR. OSBORNE: It's not been done. It's not done. BOARD MEMBER CURLEY: You're being cited for an unpermitted extension of your permit for the carport. MR. OSBORNE: Right, but it's not been done yet. BOARD MEMBER CURLEY: So to make -- I'm trying to help clarify it for you. If you bring the carport back to whatever the original state was -- MR. OSBORNE: Right, right. BOARD MEMBER CURLEY: -- then you can not have to worry about it anymore. Then you just have your hookups. MR. OSBORNE: I would do it, if you want me to do that. BOARD MEMBER CURLEY: So this is something that -- what we're seeing is that you expanded the carport, and what you're saying is you're not aware of that. MR. COLLIER: I believe that's something we would have February 27, 2025 Pge 43 to run past the deputy chief building official or chief building official, because the old carport's gone now. MR. OSBORNE: Well, no, it's there. Partial there. Partially. BOARD MEMBER CURLEY: I mean, yeah, but this is a point of clarification where he does not seem to -- he needs some assistance understanding that. MR. COLLIER: Understood. And we have reached out to him and explained to him the process and who he needs to contact several times during -- throughout the case that started in 2022, I believe. MR. OSBORNE: I mean, who did you recommend to me? MR. COLLIER: You were recommended to reach out to Client Services, Renald Paul. MR. OSBORNE: Never heard of him. BOARD MEMBER CURLEY: Sir, it's your responsibility because it is your property. MR. OSBORNE: I understand that. BOARD MEMBER CURLEY: So we're here to help you. We are just volunteers here. MR. OSBORNE: I understand that. BOARD MEMBER CURLEY: So your best resource is this team here. MR. OSBORNE: Right. BOARD MEMBER CURLEY: And so you have fines accruing, and whether the Board extends you an extension or not is up to us, but you're still going to be accruing fines until you fix this. MR. OSBORNE: I understand, and I want to get it fixed, believe me. CHAIRMAN KAUFMAN: I would not recommend February 27, 2025 Pge 44 anything because the operational costs have not been paid from the last time, and that's been our mantra from the beginning of time on Code Enforcement. BOARD MEMBER FUENTES: So, Investigator, has it been you constantly? MR. COLLIER: It was me for the majority of the time, yes. Now it's Eric here. BOARD MEMBER FUENTES: You seem to be pretty good with communication. Good luck, Eric. MR. COLLIER: And just to help you guys, the operational costs was outlined on the stipulation agreement that he did sign. BOARD MEMBER FUENTES: Okay. Well -- BOARD MEMBER CURLEY: Can he pay that 59.28 today? MR. OSBORNE: Yes. BOARD MEMBER FUENTES: No. I mean, he signed a stipulation and, unfortunately, he didn't comply with the stipulation that we previously provided that they provided him. BOARD MEMBER CURLEY: I understand that, but we appear to have a little communication issue and some grounds of understanding for this gentleman. BOARD MEMBER FUENTES: Then he hires a tutor. But if Adam's been complying with communication, that's -- I mean, he's telling you he's done the best that he could throughout the process, and they weren't paid. BOARD MEMBER CURLEY: I understand. No, you're stating the truth. CHAIRMAN KAUFMAN: I'd like to make a motion to impose the fine. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Any conversation on that? February 27, 2025 Pge 45 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. BOARD MEMBER FUENTES: All done. BOARD MEMBER ELROD: Kathleen said "aye" and you said "nay"? BOARD MEMBER CURLEY: I said no. CHAIRMAN KAUFMAN: Okay. It passes. I suggest that you get together with these guys and figure out exactly where you want to go from here, okay? MR. OSBORNE: Okay. CHAIRMAN KAUFMAN: Thank you. MR. COLLIER: Thank you. MR. PIROSSENO: Thank you. MR. OSBORNE: So it's a permit that I need for the washer and dryer hookup that's been there for years, right? Is that what I got to do? CHAIRMAN KAUFMAN: Why don't you talk to them out in the hall. MR. OSBORNE: All right. Thank you. MS. BUCHILLON: ***Next case, No. 6, CEVR20220000759, C & J Wrestling Hauling Corp. BOARD MEMBER BHATLA: What number is that? CHAIRMAN KAUFMAN: Six. February 27, 2025 Pge 46 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COOPER: I do. MR. VALOIRA: I do. Hi. My name is Carlos Valoria from C & J Wrestling Hauling Corp. CHAIRMAN KAUFMAN: Craig, you want to give us a quick rundown? MR. COOPER: Craig Cooper, Collier County Code Enforcement. Yes, Mr. Valoria bought a property off of Platt Road -- I mean, I'm sorry -- Limpkin Road, and he was going to convert it into a nursery. CHAIRMAN KAUFMAN: For plants or little kids? MR. COOPER: Okay. Past orders: On May 25th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attachment order of the Board, OR6258, Page 1625, for more information. On January 25th, 2024, the Code Enforcement Board granted an extension of time. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of December 9th of 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from July 6th, 2024, to December 9th, 2024, for 137 days, for a total fine amount of $34,250.00. Previous assessed operational costs of $59.28 and $59.49 have been paid. Operational costs for today's hearing are $59.49, for a total fine amount of $34,309.49. February 27, 2025 Pge 47 CHAIRMAN KAUFMAN: Okay. MR. COOPER: Can I finish? CHAIRMAN KAUFMAN: Sure. MR. COOPER: The gravity of the violation's not health and safety. Any actions taken by the violator to correct: By adhering to the Florida Department of Environmental Protection regulations compliance warning letter and restoring the property to a permitted state. Any previous violations committed by the respondent or violator? No. Any other relevant factors? No. Thank you, sir. CHAIRMAN KAUFMAN: Okay. So you got everything done? MR. VALOIRA: (Nods head.) CHAIRMAN KAUFMAN: You have to say it on the mic because -- MR. VALOIRA: Sorry. Oh, sorry, yeah. CHAIRMAN KAUFMAN: Okay. Anything else you want to say to the Board? MR. VALOIRA: No. It's all right. BOARD MEMBER FUENTES: I'll go ahead. I'll make a motion here. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I want to make a motion that today's operational costs of $59.49 do get paid within 30 days, and I will make a motion as well to reduce the county's fines to $1,500 from 34,309.49. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and February 27, 2025 Pge 48 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. VALOIRA: Appreciate it. CHAIRMAN KAUFMAN: Okay. MR. COOPER: Thank you. CHAIRMAN KAUFMAN: Good luck to you. MR. VALOIRA: Thank you. MS. BUCHILLON: ***Next Case No. 7, CELU20230006228, Ricardo Munoz, Margarita Munoz Estate, and Ricardo C. Munoz, Jr. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. MUNOZ: I do. CHAIRMAN KAUFMAN: Tom, you want to read this into the record for us? MR. PITURA: Yes, sir. Past orders -- good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On February 22nd, 2024, the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached February 27, 2025 Pge 49 order of the Board, OR6336, Page 411, for more information. On August 22nd, 2024, and November 20th, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board, OR6422, Page 2999, for more information. The violation has been abated as of January 9th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for a period from May 23rd, 2024, to January 9th, 2025, 232 days, for a total fine of $23,200. Previously assessed operational costs of 59.28 and 59.42 have been paid. Operational costs for today's hearing is $59.77. Total amount is $23,259.77. The gravity of the violation is not health and safety. Any action taken by the violator to correct: All violations of the property have been abated, including Permit PRCP20240940047 for the shed has been finaled. Any previous violations committed by the respondent violator: None. Any other relevant factors are none. CHAIRMAN KAUFMAN: Okay. It sounds like you're opening up your own sports park. BOARD MEMBER CURLEY: Darn it. What happened? MR. MUNOZ: Well, good morning, first and foremost. My name is Anthony Munoz. I'm actually Richard Munoz's son. I'm standing in his place. Unfortunately, my father was recently diagnosed with cancer, and he's going through chemo and can't be present today. So I'm standing here in his place. He has been -- he has complied with the county's orders. He does have the certificate of completion for the -- for these issues. And he's just looking to get the fines reduced, removed, whichever the county finds suitable. February 27, 2025 Pge 50 MR. PITURA: Mr. Kaufman? Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MR. PITURA: This was a unique case because what was happening right there, he had two lots, and he had to combine the two lots together, so that made things more difficult. So with it, he had to go through some more steps to get that done. There was a hurricane that had come in that kind of held things up a little bit. So in the most part, in speaking to Mr. Munoz, he did try to do what he could to comply the best he could. BOARD MEMBER FUENTES: I want to make a motion here. It always means a lot when the code investigator has something positive to say. I'm going to make a motion here that today's operational costs of $59.77 do get paid within 30 days, and I will deny the county's fines completely down to zero. BOARD MEMBER ELROD: Second. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUNOZ: Thank you so much. CHAIRMAN KAUFMAN: Good luck to your father. MR. MUNOZ: Have a great day. Thank you. CHAIRMAN KAUFMAN: Okay. Helen. February 27, 2025 Pge 51 MS. BUCHILLON: ***Next case, Case No. 10, CEPM20240002894, Pacifica Laurel Ridge, LLC, in care of Pacifica Companies, 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. MUSSE: I do. MS. NWALUPUE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. NWALUPUE: Flora Nwalupue. CHAIRMAN KAUFMAN: Okay. Jonathan, we know you. Okay. MR. MUSSE: Jonathan Musse, Collier County Code Enforcement. Past orders: On January 27th, 2024, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached orders of the Board, OR6412, Page 673, for more information. On November 20th, 2024, the Code Enforcement Board granted a continuance. See attached order of the Board, OR6422, Page 3019, for more information. The violation has been abated as of February 26th, 2025. The fines and costs to date are as follows: Part 1, abated by July 29th, 2024, within the compliance deadline; Part 2, fines have accrued at the rate of $200 per day for a period from August 27th, 2024, to February 26th, 2025, 184 days, for a total fine amount of $36,800. Previously assessed operational costs of $59.28 and $59.42 February 27, 2025 Pge 52 have been paid. Operational costs for today's hearing is $59.70. Total fine amount is $36,859.70. This was a health and safety violation. The owners obtained Permit No. PRMFH202510 -- or I'm sorry. Let me start that over -- PRMFH20250100121 and made all the necessary repairs noted on the notice of violation. There are two prior code cases that were presented before the Special Magistrate and were found in violation with this Pacifica Laurel Ridge, and there are no other relevant factors. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I have a quick question on the original complaint. Do you know where it came from for this? MR. MUSSE: From the occupant. BOARD MEMBER FUENTES: Okay. We'll go ahead and make a motion here that -- CHAIRMAN KAUFMAN: Hold on. Do you have anything to say? MS. NWALUPUE: Yes, Your Honor. Yes. CHAIRMAN KAUFMAN: Okay. MS. NWALUPUE: Unit 32 has been vacant for 230 days. The resident was transferred to a different unit. The repairs all has been done. The company has lost revenues for 230 days. So currently, you know, the violation has been taken care of, and the repairs has been done. So I'm requesting for a reduction or removal of the fines. MR. NOELL: And, ma'am, what was your name? MS. NWALUPUE: My name is Flora. MR. NOELL: Is that your full name? MS. NWALUPUE: Flora Nwalupue. MR. NOELL: Thank you. February 27, 2025 Pge 53 MR. MUSSE: I will say there was a little complications with getting the permit, but once she hired the latest contractor, Larry Day, phenomenal. He was really on top of it. I could actually show you photos that I took yesterday of how the apartment looks. Night and day. It looks great. And it has been unoccupied the entire time so that no one was -- no occupants were in danger. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Okay. I'm going to make a motion that we -- that today's operational costs of $59.70 do get paid within 30 days, and I'm going to reduce the county's fines from 36,859 all the way down to $500, okay? To $500. MS. NWALUPUE: Thank you. BOARD MEMBER FUENTES: You're welcome. So, again, operational costs of 59.70 do need to get paid within 30 days. The fines will be reduced to 500. MS. NWALUPUE: Thank you. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Thank you. BOARD MEMBER CURLEY: We didn't vote. Second? CHAIRMAN KAUFMAN: Seconded. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. NWALUPUE: Thank you. MS. BUCHILLON: ***Next case, Case No. 14, February 27, 2025 Pge 54 CESD20230006054, PLN Properties, LLC. CHAIRMAN KAUFMAN: Which number is this? MS. BUCHILLON: Number 14. 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. NGUYEN: Yes, ma'am. MR. MUSSE: I do. MR. NGUYEN: Steven Nguyen. MR. MUSSE: Jonathan Musse, Collier County Code Enforcement. BOARD MEMBER CURLEY: What number, Helen? I'm so sorry. CHAIRMAN KAUFMAN: Fourteen. MS. BUCHILLON: Fourteen. CHAIRMAN KAUFMAN: Okay. You want to read this into the record for us, Jonathan? MR. MUSSE: Yes, sir. Past orders: On August 22nd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6419, Page 3207, for more information. The violation has not been abated as of February 27th, 2025. Fines have accrued at the rate of $100 per day for a period from December 21st, 2024, to February 27th, 2025, 69 days, for a total fine amount of $6,900. Fines continue to accrue. Previously assessed operational costs in the amount of $59.28 have been paid. Operational costs for today's hearing is $59.35. Total amount is $6,959.35. To give you a little bit more information on this case, the February 27, 2025 Pge 55 business owner original hired a contractor. It's hard to say if -- maybe Mr. Nguyen can elaborate on it, but it looks like there was a language barrier. I did speak to the original contractor before, and it -- but the permit basically went nowhere. They did hire a new contractor. They're having complications with getting -- during the review process. It got rejected. They submitted corrected plans. It got rejected again. As of right now, the permit is under review. I can send you a -- open up a screenshot of what the permit looks right now. It's under review. They just submitted corrections yesterday. So they're hoping to get this permit issued soon and complete the bathroom. CHAIRMAN KAUFMAN: Okay. Sir. MR. NGUYEN: Yes. Ambro, the tenant, has had a lot of difficulty. The first contractor kind of left them to his own resources. He found a new one. The permitting process has been, you know, a difficult one for him. It's been costing him a lot of money, and he's trying his best with the language barrier, with Jonathan's help, who took over the case. So we're trying to get it completed, we're trying to get it done quickly. He's trying his best, but we just ask for a little more time because of the permitting issues and such. BOARD MEMBER CURLEY: I'm confused a little. So are you PLN Properties? MR. NGUYEN: Yes, I'm representing PLN Properties. I'm -- it's my father's company, and -- BOARD MEMBER CURLEY: And so the tenant did these modifications without you knowing? MR. NGUYEN: Yes, yes. BOARD MEMBER CURLEY: Was this, like, Contractors Licensing or something? February 27, 2025 Pge 56 MR. MUSSE: This was multiagency -- what do you call it -- task force. It was -- they found the violation as they were going through their investigations. CHAIRMAN KAUFMAN: So you think this will be done in about a month? MR. MUSSE: It's hard to say. CHAIRMAN KAUFMAN: What are the -- so -- MR. MUSSE: So the corrections originally -- this was the corrections letter right there. That was originally sent on February 19th. Let me see if I can blow it up. MR. LETOURNEAU: It's going to be a lot more than a month. MR. MUSSE: Yeah, yeah. I think Mr. Nguyen was requesting possibly three months, just to be safe. Has -- Mr. Nguyen has the repair -- has the repairs been done completed, or are they about to start? MR. NGUYEN: We're waiting for this to -- MR. MUSSE: You're waiting for the issuance of the permit. Once the permit gets issued, how quickly would the -- MR. NGUYEN: In speaking with the contractor, Greg, he believes that once the permit gets through, he can get it done pretty quickly, but that -- MR. MUSSE: Okay. MR. NGUYEN: -- I don't want to, you know. BOARD MEMBER CURLEY: Well, so it says it's done. So is this just like a -- where they're going to get the permit and then -- MR. MUSSE: So they did it without a permit. BOARD MEMBER CURLEY: Yeah, I know that. MR. MUSSE: And they -- after going through the permitting process, they found out they weren't allowed to add February 27, 2025 Pge 57 additional stalls, additional urinals, so they have to do -- remove that and bring it back up to code. BOARD MEMBER CURLEY: So this is business? MR. MUSSE: Yes. It's -- a bar? MR. NGUYEN: Yeah. MR. MUSSE: Yeah. BOARD MEMBER ELROD: I'll make a motion to give him 90 days. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER FUENTES: Continuance for 90 days. BOARD MEMBER BHATLA: Second it. CHAIRMAN KAUFMAN: And second, 90 days' continuance. BOARD MEMBER CURLEY: I just -- because the last couple cases we didn't bring it to the -- this is from 2023, and this was a mistake brought on by themselves. So I understand that there's some issues here, but this person didn't buy the property this way. They did this without the permit. BOARD MEMBER ELROD: They didn't do it. The tenant did. CHAIRMAN KAUFMAN: This is like having a strip mall, and one of the tenants in there did something and never ran it through the -- BOARD MEMBER CURLEY: Is it still a bar? Are the tenants still renting? MR. NGUYEN: Yes. BOARD MEMBER CURLEY: Yes. So they're allowing it, because if it was me, I would kick the tenant out, but -- so -- MR. NGUYEN: We have asked our attorney to write up something. CHAIRMAN KAUFMAN: Can you move the microphone February 27, 2025 Pge 58 a little closer. MR. NGUYEN: We have asked our attorney to write up something saying if you don't get all this done quickly, then the next steps will -- BOARD MEMBER CURLEY: Is the plumber being hired by the tenant? MR. NGUYEN: Yes. BOARD MEMBER CURLEY: You're not really involved in this? MR. NGUYEN: Nope. BOARD MEMBER CURLEY: You're just overseeing it? MR. NGUYEN: We are just here now as the property owners. So we leave everything on the tenant, and that's how our leases are written. BOARD MEMBER FUENTES: This thing is a triple net lease. BOARD MEMBER CURLEY: Well, it's not working out for you, because you've got almost $7,000 worth of fines not doing anything. MR. NGUYEN: That's understood, and that's why the next steps for us is -- BOARD MEMBER CURLEY: Well, I think in 2023 the first step should have been you took control of your property and made sure things were being done right it, because this doesn't look like it's going very fast if the tenants are just now putting in permits that are still pending after three rejections for some significant plumbing alterations to the building that would be very difficult not to have heard or seen being done as an owner. MR. MUSSE: I would say the original permit was applied for much earlier than this, so it was promising. But that the first contractor fell through. February 27, 2025 Pge 59 BOARD MEMBER CURLEY: I know, but the tenant is hiring it, so there is really a very lackadaisical attitude, I feel, just by looking at this. CHAIRMAN KAUFMAN: Okay. We have a motion on the floor, and it's been seconded. So I'm foreseeing that if that motion passes, that's three months, or prior to three months. The imposition of fines will reflect the conversation that you're having. BOARD MEMBER CURLEY: Yeah. I would just as soon not give them an extension. Let them deal with it outside of this board. CHAIRMAN KAUFMAN: Well, then you can vote against the motion. BOARD MEMBER CURLEY: Exactly. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. Go ahead. BOARD MEMBER FUENTES: Nay. BOARD MEMBER CURLEY: Nay. BOARD MEMBER FUENTES: We lose. CHAIRMAN KAUFMAN: Okay. It passes. MS. BUCHILLON: And the operational costs? BOARD MEMBER ELROD: 59.35 paid in 30 days. BOARD MEMBER FUENTES: So they've given you 90 days, and today's operational costs of 59.35 do need to be paid within 30 days. MR. NGUYEN: Understood. CHAIRMAN KAUFMAN: Okay. MR. NGUYEN: Thank you very much. February 27, 2025 Pge 60 CHAIRMAN KAUFMAN: Okay. Next case, No. 15, CESD202200109928, Gene Nailon and Maylin Nailon. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. NAILON: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic for us. MR. NAILON: Gene Nailon. CHAIRMAN KAUFMAN: Okay. Brian, do you want to roll this out for us, please? MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. 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, OR6271, Page 3890, for more information. On October 26th, 2023, and June 27th, 2024, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of November 8th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day from a period of September 21st, 2023, to November 8th, 2024, 415 days, for a total fine amount of $62,250. Previously assessed operational costs of 59.28, 59.49, and 59.70 have been paid. Operational costs for today's hearing is 59.84, for a total of $62,309.84. February 27, 2025 Pge 61 The gravity of the violation is not health and safety. Any actions by the violator to correct: Respondent removed all offending items inside the permitted building. Any previous violations committed by the respondent/violator is Case CESD20220005165 has been -- was adjudicated on June 22nd, 2023. Case is for a metal structure turned into a livable space. Fines actively accrue. Any other relative cases are none. CHAIRMAN KAUFMAN: Okay. Sir. MR. NAILON: So this is a multilayer story. I had a -- I guess you would say, a scorned previous employee who basically told me if I didn't pay them a certain amount of money they were going to blackmail me and call the county, and that's what happened. So they had called and reported some false allegations. I have two buildings on my property. One's a warehouse that's about 6,000 square feet, and then I have another building that is about 1,000 square feet that I turned into livable space. Wrong on the living situation. Shouldn't have done it, and I'm paying dearly for it. We hired Octavio Sarmiento for both situations. He never got us any engineered drawings for this case for the mezzanine and the kitchen area. It took forever. It started out the violation was for the paint booth, and I think there was -- they said they were dumping raw sewage on the ground, which was never even part of the case. That was abated. When the previous code enforcement officer came in, he then saw the mezzanine and the kitchen. He goes, "Hey, is this part of the original permit?" I said, "No." He said, "You've got to get that permitted. That's a February 27, 2025 Pge 62 violation." So we started working with Octavio on that to get that taken care of. He never moved forward with it. Also, he then saw that there was CNC machine in our warehouse and said, "You cannot have a CNC machine hooked up in here," so we had to get that taken care of. The other case, we are now in a position -- same date, same time frame. We sent letters -- engineer letters in that were signed off by Gene Cravillion that now have to go full circle. So I've spent a lot, a lot of money on both of these cases, and I just got caught in his whirlwind, and we are back to square one. But this is now abated. We ended up demoing everything because I got to the point where I can't afford this. So we just -- demolition everything, and we're still working through the other case that's listed at the bottom. BOARD MEMBER CURLEY: What is a CNC machine? MR. NAILON: It's a router that we cut cabinet parts with. So we cut out pieces and assemble them. MR. IANDIMARINO: For the record, Tom Iandimarino, Code Enforcement director. I don't think it was so much the CNC machine as it was the electricity that was running the CNC machine. MR. NAILON: Well, there's -- the problem with that -- I'm glad you brought that up. In order to get my CO on that building -- because we have three-phase 400-amp service to that building. In order to get that service signed off on, we had to have the CNC machine in place and hooked up on the original permit. MR. IANDIMARINO: Yeah, there were multiple -- it wasn't just the machine. It was how the machine got there and the electricity going to it because it drew so many -- so much February 27, 2025 Pge 63 amps. MR. NAILON: But -- BOARD MEMBER CURLEY: I did read where it says, "Unpermitted interior of a permitted building," so it is a little -- MR. NAILON: Yeah. So in order to get the CO on the building, we had to have the CNC machine in place. We have permits for the electricity, the 400 amps and the three-phase, and they said, "Well, why do you need that much power?" "Well, this is why we need it." "Well, we need to see that in place and hooked up." That's how we got our first permit closed out and approved. And then we had Code Enforcement come in and say, "You can't have that." I go, "Well, we had to have it in order to get the permit." So it just -- it doesn't make sense. So one -- Code Enforcement doesn't communicate with permitting, I guess. I don't get it. So that was a huge thing on our part. BOARD MEMBER CURLEY: I have one other question for the county on the case that you listed on Item No. C. You said that's a case that we've disposed of, but it's not been repaired. And is still fines accruing? MR. OWEN: So you found that -- you've adjudicated the case, found him guilty. He is still in the process, due to the engineer he hired and not being able to submit the drawings on everything. Name was stated. So he still dealing with that case to get that case into compliance. BOARD MEMBER CURLEY: Are these cases running simultaneously? MR. OWEN: They were started at the same time, ma'am. MR. NAILON: Everything -- I mean, as far as the second February 27, 2025 Pge 64 case, we are engineered letters away from getting our CO. Everything's done. But the problem is that this person used somebody's stamp they weren't supposed to use. BOARD MEMBER CURLEY: Did you say Octavio used somebody else's stamp? MR. IANDIMARINO: If I may, again, Tom Iandimarino, for the record, Collier County Code Enforcement. There's an ongoing issue that the state is investigating that numerous law enforcement agencies are investigating on some fraud in reference to the individual that you mentioned. CHAIRMAN KAUFMAN: Octavio. MR. IANDIMARINO: No, not Octavio. The other engineered letters that you're discussing. MR. NAILON: Well -- so I paid Octavio Sarmiento through ASSA, and he is the one that handed me engineered letters from Gene Cravillion, so he is directly responsible for the letters I received. So how he received them, I don't know. BOARD MEMBER CURLEY: Is Gene deceased now? MR. NAILON: The last I was told he had dementia, and he was in Hospice care. BOARD MEMBER CURLEY: Yeah, I remember you. This is really interesting. BOARD MEMBER FUENTES: All right. I guess I'll make a motion. CHAIRMAN KAUFMAN: Okay. MR. NAILON: But this is done. This is taken care of. We just demoed everything just to get out -- just to get out of the problem. BOARD MEMBER FUENTES: It's about to be done officially. MR. NAILON: Thank you. February 27, 2025 Pge 65 BOARD MEMBER FUENTES: I'll make a motion that today's operational costs of $59.84 do get paid within 30 days, and I'm going to reduce the county's fines to $600. MR. NAILON: Okay. Thank you. I appreciate it. BOARD MEMBER ELROD: I'll second that. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NAILON: Can I ask one other question about my other case? How -- I mean, I'm still -- okay. This guy? CHAIRMAN KAUFMAN: Ask it outside. MR. NAILON: Okay. Thank you. Appreciate it, guys. CHAIRMAN KAUFMAN: Okay. Do we have many more? MS. BUCHILLON: We have one other respondent that just got here under hearings, if you want to take a break first. CHAIRMAN KAUFMAN: That's up to Terri. THE COURT REPORTER: How many more cases? MS. BUCHILLON: I think we have two more cases, and that's it. THE COURT REPORTER: (Indicating.) CHAIRMAN KAUFMAN: That was a "keep on going." MS. BUCHILLON: Keep on going. Okay. ***Under hearings, No. 1, CESD20240008371, Urbino February 27, 2025 Pge 66 Hernandez Suarez. MR. HERNANDEZ: 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. OWEN: I do. MR. HERNANDEZ: I do. CHAIRMAN KAUFMAN: Okay. Your case, Brian. MR. OWEN: For the record, Brian Owen. CHAIRMAN KAUFMAN: Could you say your name on the mic for us, please. MR. HERNANDEZ: Urbino Hernandez. CHAIRMAN KAUFMAN: Okay. Thank you. Brian. MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. This is in reference to Case CESD20240008371 dealing with violations of the Collier County Land Development Code Section 10.02.06(B)(1)(a) and Florida Building Code 109.1, permits expired with fees owed and no certificate of completion or occupancy, located at 333 5th Street Southwest, Naples, Florida, 37163360003. Service was given on September 10th, 2024. Case CESD20240008371 was opened on August 20th, 2024, as a complaint from the Building Department for Permit PRBD20180532241, which was expired with a $60 fee due. Permit also needed a spot survey and elevation certificate to be issued a certificate of completion or occupancy. During the research for this property, it was discovered that three additional permits had not reached a final status and had expired. Permit PRBD0 -- 20180635504 requires a spot survey to be February 27, 2025 Pge 67 finaled. Permit PRBD20180851020 has three conditional holds on the permit before that can be finaled. Permit PRBD2018095581 has a conditional hold for outstanding permits to be finaled. On September 4th, 2024, an orange door tag was left on the front door of the residence indicating there were permits that needed attention, and they needed to have some documents turned in to be completed and reach a certificate of completion/occupancy. CHAIRMAN KAUFMAN: When was the -- when was the door hanger put up? MR. OWEN: That would have been on September 4th. CHAIRMAN KAUFMAN: Okay. MR. OWEN: Request for contact was left on the orange door tag. Property owner had not reached out to discuss the matter, so on September 10th, '24, a notice of violation was served. During reinspection on October 11th, 2024, all permits referenced in the notice of violation had not changed. At this time, the case was prepared for a hearing. In January, at some point in time I was contacted by a female, unnamed, regarding the case for the property. She asked if the cases could be extended. I informed her the case was scheduled for a hearing already and could not be rescheduled. On my -- during my prehearing yesterday, I went to the residence and was unable to make contact with anybody. For evidence, I have screen shots and a table showing the status of all four permits and a deed showing the date owner came into possession of the property. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the -- has the respondent seen the February 27, 2025 Pge 68 photo? MR. OWEN: They're not photos. They're just documents, sir. CHAIRMAN KAUFMAN: Okay. Has he seen the documents? MR. OWEN: No, sir, he has not. He just showed up. CHAIRMAN KAUFMAN: Do you have any objection to the county providing the documents? MR. HERNANDEZ: It's kind of hard to understand all that. Really, really, I don't know what -- CHAIRMAN KAUFMAN: Well, the only objection that you can have is if that is not your property. MR. HERNANDEZ: No, that's my property. Everything is just like he said. That's true. CHAIRMAN KAUFMAN: Okay. So that would be the only objection our attorney would tell me that I could impose. So we're going to accept the photos with a motion from the Board. BOARD MEMBER CURLEY: Motion to accept. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Motion and 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You can show us. February 27, 2025 Pge 69 MR. OWEN: This is a little breakdown of each permit. So the first permit is the one that started the case due to the fact of a $60 fee was still owed on it. The conditional holds on that permit are a spot survey, an elevation certificate. It expired, I'm sorry, June 28th of 2024. The next permit ending in 5504 is -- has a conditional hold of a spot survey. That expired on April 30th of 2024. Next permit ending in 1020 needs an energy calculation result summary sheet, an elevation certificate under construction, and an elevation certificate. That expired August 14th of 2024. And permit ending in 5810 has outstanding permits as a conditional hold, and that expired on August 26th, 2024. CHAIRMAN KAUFMAN: So in summary, there's a bunch of permits that are open? BOARD MEMBER CURLEY: From 2018. MR. OWEN: That is correct. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: And the deed? MR. OWEN: The deed. The deed shows the respondent came into possession of this house on the 19th of March of 2018. All these permits were pulled after that date of. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Helpful. Thank you. CHAIRMAN KAUFMAN: Did you pull those permits? MR. HERNANDEZ: When I got -- when I bought the house, I tried to do something extra. And I contract a company, and they contract a guy to do the plans. And they was working, everything was good, doing good, inspections, permits, and all that. But after, like, two years, something like that, they start getting complicate. The guy who make the drawings, he had February 27, 2025 Pge 70 something wrong, because we put on the lanai, a beam of concrete, and he put wood on it. Everything almost -- we almost got everything good except for that. And that, the case got complicate, and the guy who did the plans, he died. Then I start calling the company. They didn't answer, not even the owner or the secretary. Then you wait, like, another year, and I start doing it myself. I went to the Collier County and change everything on my name -- under my name. Then they asked me for the elevation certificate for those permits and for the spot survey also. And I was looking for those guys. And I went with this other guy, Octavio Sarmiento. And I told him, "This is my case. I need just the elevation certificate and the -- this spot survey." And he said, "I can take all your case if you want." And that was better for me because I don't have to deal with the office and papers and all that. And that was more -- CHAIRMAN KAUFMAN: What was all these -- why were the permits pulled? Are you building a house? What? MR. HERNANDEZ: No, no, no. We got the house. We add the lanai, a room, and a pool deck and the pool. CHAIRMAN KAUFMAN: Okay. MR. HERNANDEZ: Then I did a garage on the back of the house also. That's all. Oh, and the fence in the street. BOARD MEMBER CURLEY: He did everything the right way. MR. HERNANDEZ: No, but we have -- sorry. But we have -- everything was good because we have the permits and all that. The thing was we get complicate bad, bad. Okay. After that, like, more than one year, I went to Octavio Sarmiento to get the certificate -- the elevation certificate and the spot survey and I told him, "I need to hurry with this case February 27, 2025 Pge 71 because I already took too long," but we don't have any letters since that day yet, until September. And I didn't notice about that letter. I didn't notice until November I think we get another one. And I was trying -- I was trying to hurry this Octavio Sarmiento, and he took for a while. I trying to go almost every week to tell him, "Hey, what's going on? I need to be done with that." Well, till now, they already pay for those permits. I went to -- I just went to the Collier County this morning, and they give me the -- what else I need, but we almost done. We working on it. But like I said -- like I said, I want it done as soon as possible, but I have to wait for these guys because they are doing my paperwork. MR. OWEN: Mr. Hernandez, have you paid the $65 owed on the first permit that started this? MR. HERNANDEZ: They already paid for that. MR. OWEN: It shows as it still has not been paid. MR. HERNANDEZ: That's what he told me in Collier County. I went this morning, and he says, "Oh, you have to pay these permits and then I can clear." And then he said, "Oh, no, you already pay," because they already pay for that. But on the computer it says -- it doesn't say clear, because he says, "Oh, you still have to pay for that?" Then he said, "Oh, you already pay for that." BOARD MEMBER CURLEY: Okay. Well -- so is Octavio still your -- and have you gotten any work from him since you hired him? MR. HERNANDEZ: I was getting prepared for this -- for this court, and I went last week, and I told him, "Please give me a file, then I can take it to them." And I still call him yesterday, February 27, 2025 Pge 72 too. And there was -- they have a lot of work to do, and they -- well, the other thing they told me -- "Because the county asking for stupid things, and that's where it can't go forward." This is -- they said, they need this, then they need this, then they need this. CHAIRMAN KAUFMAN: Okay. Let me cut this off at this point. The violation -- I want to find out from the Board whether a violation exists. There are a bunch of permits that are open that are all past due, and I'm asking the Board, does a violation exist? BOARD MEMBER ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. And I'll second that. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So a violation exists. I understand you've been dealing with somebody who is known to us as somebody who is somebody I wouldn't hire. BOARD MEMBER CURLEY: Too slow. CHAIRMAN KAUFMAN: Whatever. So do you think everything is going to be done soon? MR. HERNANDEZ: (Nods head.) CHAIRMAN KAUFMAN: Okay. So my question is, what is "soon"? Is it one month? Is it three months? February 27, 2025 Pge 73 MR. HERNANDEZ: I asked exactly the same question. Give me one day. Three months? Six months? And he said, "I don't know." "You have to give me at least one day." CHAIRMAN KAUFMAN: Well -- MR. HERNANDEZ: But -- CHAIRMAN KAUFMAN: You're asking him. MR. HERNANDEZ: Yeah, asking him. But you asking me, and I said one month, two months. CHAIRMAN KAUFMAN: So if you tell me two months, we probably would give you three months because we're benevolent. BOARD MEMBER CURLEY: Excuse me. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER CURLEY: Have you paid Octavio in advance? MR. HERNANDEZ: I pay half -- I pay half of the money. And I was close to -- I told him I was close to go and get all my papers, my money back, and go to somebody else, but then he said, "No. Sorry. Now I'm going to start working on it." CHAIRMAN KAUFMAN: Okay. Let me go back to Brian. You have a recommendation for us? MR. OWEN: I do, sir. CHAIRMAN KAUFMAN: Could you read that to us, please? MR. OWEN: 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, complete all required conditions, pay all required fees, and obtain certificates of completion/occupancies for Permits February 27, 2025 Pge 74 PRBD20180532241, Permit PRBD20180635504, Permit PRBD20180851020, and Permit PRBD20180955810 within blank amount of days of this hearing, or a fine of blank per day will be imposed until the violation's abated. The respondent -- No. 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violations 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 will be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I'd like to try filing in the blanks, okay. I'm going to make a motion that the 59.28 be paid within 30 days and that we grant 90 days to come into compliance -- that's three months -- or $200-a-day-fine after that. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Discussion on the motion? BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: I just -- I just have a comment. I mean, we -- in good faith, I can't sit here and hear this person's name over and over again and see our residents not getting great service. It's really painful. And I know I'm a volunteer, and I understand the capacity of this meeting, but it's very frustrating to see people give money and not have services rendered, and it bothers me a lot. BOARD MEMBER FUENTES: I agree. It is unfortunate. CHAIRMAN KAUFMAN: Yeah. I was going to say something similar to that, but let me vote on this motion first. All those in favor? February 27, 2025 Pge 75 BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I think the time has come -- because every time this name is brought up to the Board, we wind up bending over backwards, which may not be in the public's best interest. What can be done to eliminate this problem? MR. LETOURNEAU: You're asking me? BOARD MEMBER CURLEY: I can tell you what can be done. There's a lot that can be done. MR. LETOURNEAU: Well, for the record, Jeff Letourneau, Collier County Code Enforcement. I do believe our Building Department is aware of some of the issues with this gentleman. I think that their hands could be a little bit tied because of the Florida Building Code and what they're allowed to do to -- he's not -- he's not a contractor. He is a permit person, so there's limitations on what the Building Department can do. I think until somebody civilly sues him -- BOARD MEMBER FUENTES: Civil matter. MR. LETOURNEAU: -- and really makes it hurt for him, we're going to be stuck as far as that is concerned. BOARD MEMBER CURLEY: Well, here's the thing, in general -- and the State of Florida requires companies to operate positively. They don't allow this to happen, whether -- by the time customers are reaching him, he hasn't gone into the system February 27, 2025 Pge 76 for that file for the county, so it's really not the county's ability to stopgap that. MR. LETOURNEAU: Correct. BOARD MEMBER CURLEY: It has to be a complaint on the license to the DRP [sic], or whatever department he falls under. He's licensed as a person. And I feel like we have a lot of county people sitting here, that there is abilities to transfer this information up and do a complaint with our state. Then it goes to the Attorney General. BOARD MEMBER FUENTES: Is it possible to involve Kevin to represent the Board in pursuing the matter civilly? MR. NOELL: That would be outside the scope of my representation to the Board. BOARD MEMBER CURLEY: Anyone can complain about a company not operating correctly, but what happens is the people that he focuses on are typically unaware of the scam. CHAIRMAN KAUFMAN: It's too late once they do it. BOARD MEMBER CURLEY: So somebody needs to discuss with this gentleman to not give any more money and, unfortunately, when he said he was going to ask for a refund, it's just -- it's painful to know that somebody's hard-earned money is never going to be seen again, and this is what's going to happen to him. CHAIRMAN KAUFMAN: Okay. Let me finish this case out. So you have three months, 90 days. MR. HERNANDEZ: Yes. CHAIRMAN KAUFMAN: You said you needed two months. We gave you an extra month, okay. MR. HERNANDEZ: Thank you. CHAIRMAN KAUFMAN: If it's not done in three months, I suggest that you come back here and work with Code to resolve February 27, 2025 Pge 77 your problem, okay? MR. HERNANDEZ: I really want it done soon. If -- the sooner, that will be better. BOARD MEMBER CURLEY: No one's going to say it, but we want you to get a different helper. We want you to not use Octavio anymore, and I will tell you that. MR. HERNANDEZ: Oh, I appreciate. BOARD MEMBER CURLEY: He's not going to get it done quickly, okay? MR. HERNANDEZ: Thank you. BOARD MEMBER CURLEY: Yep. CHAIRMAN KAUFMAN: Okay. Thank you. MR. HERNANDEZ: Thank you. CHAIRMAN KAUFMAN: Thanks, Brian. BOARD MEMBER CURLEY: Are we going to vote? CHAIRMAN KAUFMAN: I thought we did already. Did we vote? Yes. BOARD MEMBER BHATLA: Yeah, we voted. CHAIRMAN KAUFMAN: We're putting in an order for a new memory card for Sue. MR. HERNANDEZ: Thank you very much. CHAIRMAN KAUFMAN: We should give it to Tom. You've got to take care of this person who's causing us all this extra heartache and the citizens to -- maybe you could take a look and see what can be done. BOARD MEMBER CURLEY: There's a lot that can be done. MR. IANDIMARINO: Understood. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Call Ron. CHAIRMAN KAUFMAN: We have another case? February 27, 2025 Pge 78 MS. BUCHILLON: One more case with no respondent here, and then an order that we need to rescind, and that's it. CHAIRMAN KAUFMAN: Okay. Let's do the rescind first. MS. BUCHILLON: You want to -- well, it's an imposition of fine one we have next also. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***All right. Under imposition of fines, No. 3, CESD20240003618, Jean Michel Bijou and Maria R. Innocent. 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. CURL: I do. CHAIRMAN KAUFMAN: Are you new? BOARD MEMBER FUENTES: She was here last time. MS. CURL: I was here last, yes. CHAIRMAN KAUFMAN: So you're not brand-new. MS. CURL: I'm kind of new. Just a little bit. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: She's a seasoned warrior. MS. CURL: My respondent, she is not here. I don't know why. I have tried to call her. She did not pick up. And I actually was at her property on Tuesday because the violation is abated. She finaled out the permit. She just had some fees that were accruing. She closed it on the 22nd. I showed up at her property, and said, "Hey, could you pay the operational costs from last hearing because usually they're a lot more forgiving if the operational cost is paid, and, you know, you were really diligent in finishing it out?" And she said, "Yes, of course. I'll pay it." And then she February 27, 2025 Pge 79 said, "I will see you Thursday morning." And it did not happen. I'm not too sure where she is. If I could push for her to, I guess, get scheduled for the hearing next month or -- CHAIRMAN KAUFMAN: Do you want me to ask Jeff to pull it and re- -- put it back for next month? Would you like to do that? MR. LETOURNEAU: So what was the conversation with her? She -- MS. CURL: So I knocked on her door on Tuesday to ask if she had paid the operational costs, because it said she hadn't. She said that she was unaware and that Wednesday morning she was going to go to the Horseshoe office to pay the operational costs or pay it online. And then I said, you know, "I was also coming here to make you aware of the hearing on Thursday." I posted the paper. Paper was gone when I was there. She said, "Yes, I'll see you Thursday morning." MR. LETOURNEAU: Since the violation is abated at this point, I think that we could give her another month. Something might have occurred, you know, so -- BOARD MEMBER FUENTES: It gives her a chance to pay that operational costs. MR. LETOURNEAU: Yeah, life might have happened and something might have occurred, so I don't know. BOARD MEMBER FUENTES: Just make sure she pays that operational costs before she comes back. That way, if it's paid, we're more lenient. MS. CURL: Okay. BOARD MEMBER CURLEY: Tell her next month we're giving away doughnuts. BOARD MEMBER FUENTES: We are? You buying? MS. CURL: Maybe that will coerce her into coming here. February 27, 2025 Pge 80 Maybe. CHAIRMAN KAUFMAN: Okay. Now the rescind. MS. BUCHILLON: So we are withdrawing this case? CHAIRMAN KAUFMAN: Yes. MS. CURL: Thank you. BOARD MEMBER ELROD: Make a motion to accept the agenda's change. CHAIRMAN KAUFMAN: Change. BOARD MEMBER FUENTES: Second. 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: ***And our last case, under motion to rescind previously issued order, No. 1, CEVR20230008310, Joseph Lawrence Williams. CHAIRMAN KAUFMAN: And this order is being rescinded because? MS. BUCHILLON: It has liens [sic] pendens. CHAIRMAN KAUFMAN: Excuse me? MS. BUCHILLON: Liens pens. BOARD MEMBER CURLEY: It's in foreclosure. MS. BUCHILLON: Foreclosure. MR. NOELL: There was a -- excuse me. Kevin Noell, attorney for the Board. Ma'am, there was a lis pendens recorded prior to the code February 27, 2025 Pge 81 enforcement order being recorded; is that correct? MS. BUCHILLON: Right, that's what they found. MR. NOELL: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Okay. Motion to rescind. CHAIRMAN KAUFMAN: 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. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Terri, we got you done in time? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Do we have anything else? MS. BUCHILLON: No, sir. BOARD MEMBER CURLEY: Motion to adjourn. CHAIRMAN KAUFMAN: We are adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :00 a.m. CODE ENFORCEMENT BOARD ROBERT KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on plPIU-J1 .7, GZGS;as presented y` or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.