Loading...
CEB Minutes 03/27/2025 (Draft)March 27, 2025 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, March 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 Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board March 27, 2025 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. 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 the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Having said that, if you have a cell phone and it's turned on, good time to turn it off. And if you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call, Helen. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement Board. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? March 27, 2025 Page 3 BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: And, Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And those are all. CHAIRMAN KAUFMAN: Okay. Anybody have any questions on the minutes? If not, I'll take a motion to accept them. BOARD MEMBER ELROD: Motion to accept the minutes. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to my favorite part, the agenda. MS. BUCHILLON: We do have some changes. CHAIRMAN KAUFMAN: Do we have any changes? MS. BUCHILLON: Yes, sir. March 27, 2025 Page 4 Under hearings, No. 1, CESD20240004325, Derrick Grove and Myra Grove, has been withdrawn. Number 2, CEPF20240009825, Maria A. Nolasco and Yasmine Orosa, has been withdrawn. Number 3, CENA20240011616, Robert P. Pekar, has been withdrawn. Number 4, CEROW20250000244, Robert P. Pekar, has been withdrawn. Under old business, motion for imposition of fines and liens, No. 4, CESD20210004109, Viage Marinas, LLC, has been withdrawn. Number 9, CESD20230001825, Palm Lake MHP, LLC, care of Philips International Holding Corp, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Could I get a motion from the Board to accept the agenda as modified? BOARD MEMBER FUENTES: Make a motion to accept the agenda as modified. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: I have a motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) March 27, 2025 Page 5 CHAIRMAN KAUFMAN: It carries unanimously. Well, so far so good. We ready to go home? MS. BUCHILLON: Yes. First case. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: ***Under motions, motion for extension of compliance deadline, No. 1, CEVR20230003385, Mario Ignacio Santos Molina, and also No. 2, CEROW20230005401, Mario Ignacio Santos Molina. CHAIRMAN KAUFMAN: So we can hear both of them, and we'll vote on them separately. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Good morning. MR. SANTOS: 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. SANTOS: Yes. MS. DE LA ROSA: Yes. MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Is the baby approved? Is she going to testify? Okay. Cristina? MS. PEREZ: This is a request from the respondent for additional time, so I'll defer over to them. CHAIRMAN KAUFMAN: Okay. MS. DE LA ROSA: Good morning. My name is Maribel de la Rosa. I'm pretty much translating for my husband, Mario Santos. We would like to ask for an extension for the right-of-way, perhaps one year, and an extension for CEVRTO -- I mean 20230003385, vegetation removal, March 27, 2025 Page 6 about six months until we can get started with our -- the building of our residential home. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: You guys have a letter on there which is stating a little bit more information. BOARD MEMBER CURLEY: Thank you. So six months' extension you request for the first case ending in 3385, and then you need a year for the case ending in 5401 for the right-of-way? MS. DE LA ROSA: Yes, yes. CHAIRMAN KAUFMAN: Okay. Do you want to give us a little background on what the summary of this is? What I see in front of me is unpermitted site work to include the removal of native vegetation, grading, that kind of stuff. MS. DE LA ROSA: Oh, okay. My husband -- we had purchased the property, and we weren't aware of all -- this would be our first time building our property, so we weren't aware of the regulations here in Collier County. But now that we're -- we worked with Cristina and the other lady. I can't remember her name at the moment. They informed us what we had to do, and we've been complying with that -- with the application of our building permit. And currently, we did already submit, just a couple weeks ago back, the permit for a residential home for that property. So we've already got the permit for the right-of-way with the county. Obviously, we can't close it or conclude it until the building of the home is complete, and then we'll finish it off just so -- we don't want to break it down or deteriorate it with any -- any movement of material for the building itself. CHAIRMAN KAUFMAN: Okay. That's the first March 27, 2025 Page 7 case. MS. DE LA ROSA: Uh-huh. CHAIRMAN KAUFMAN: So you have cleared the lot? MS. DE LA ROSA: Not -- to an extent. We stopped when we were told. We just cleared -- only continued to clear just what we were supposed to do for the right-of-way, and that's it. And then, other than that, we're just -- we need -- we're just waiting for approval for any clearing. CHAIRMAN KAUFMAN: So the one year that you're asking for is so you're going to have the house that you're going to build CO'ed? MS. DE LA ROSA: Yes. CHAIRMAN KAUFMAN: Okay. That's reasonable. The second case is the right-of-way. You said you have a permit on that now? MS. DE LA ROSA: Yes, we already do. CHAIRMAN KAUFMAN: So -- BOARD MEMBER FUENTES: That's the one they're requesting six months. CHAIRMAN KAUFMAN: Yeah. Why do you need six months if you have the permit? MS. DE LA ROSA: Well, it hasn't been approved yet, so we're still waiting for the response from the county of the submittal of our proper -- of our building applications is approved. So we already signed the vegetation removal affidavit, everything that's required for the building application. We were just waiting for a response. So it's just a maximum amount, and then we'll be able to comply with what we were told by the county in getting, furthermore, our questions answered. March 27, 2025 Page 8 MS. PEREZ: Chairman? CHAIRMAN KAUFMAN: Okay. Any comments or motions from the Board? BOARD MEMBER FUENTES: Yeah, I mean, I'm okay with giving an extension for a year for both cases. There's no sense in giving her six months for one and a year for the other. Make it a year, let her get what -- she's obviously complying. Cristina's -- I haven't heard anything negative from her yet, so it seems like the county's okay with that as well. Would that be all right? You think we can do that? CHAIRMAN KAUFMAN: Cristine? MS. PEREZ: Yeah. Good morning. For the record, Cristina Perez, Collier County supervisor. The respondents have been very diligent in trying to come into compliance with these cases. The clearing case was less than an acre, but unfortunately, there was wetlands on the property, so they did have to go through a lengthy process through an environmental consultant and get an approval from DEP. From the screen, you do see that the house permit is under review as of a few days ago, but most importantly here is the environmental review that is noted that the house -- where the house is sitting on the site plan is not within the wetlands, so that's positive. And they've determined that they did not clear over an acre, so there's no additional discipline permits or anything like that that they would have to obtain in order to be able to build their house. So they need at least a time frame to get this house permit approved. That will justify the clearing, and the CEVR case can be closed. March 27, 2025 Page 9 But unfortunately, due to the construction of the home and bringing in heavy equipment, the materials, they don't want to install the permanent driveway, which is what they have the right-of-way permit issued for now, but it's installed as a temporary driveway. Once they get further along with their house construction that they're not going to be utilizing the heavy machinery to come in and out, they would be able to install, you know, their permanent driveway which, if anyone's built a house or knows how that works, it's typically at the very end. So that's why she's asking for a year on the CEROW case. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Ms. Molina [sic], we love when we hear that, you know, individuals are trying to comply with what's required, because that's what we want. We want compliance. So my motion's going to be that we go ahead and grant the extension of a year -- BOARD MEMBER CURLEY: I second. BOARD MEMBER FUENTES: -- for both cases. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER CURLEY: Second. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. March 27, 2025 Page 10 BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That's the first case. Now we're going to -- BOARD MEMBER FUENTES: Oh, I made the motion for both. CHAIRMAN KAUFMAN: I know, but we have to -- BOARD MEMBER BHATLA: Yeah, for both. CHAIRMAN KAUFMAN: Okay. On the second case, which is CEROW20230005401. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: You have a motion for one year. BOARD MEMBER FUENTES: One year extension. CHAIRMAN KAUFMAN: Okay. And we have a second on that? BOARD MEMBER AYASUN: Second. BOARD MEMBER CURLEY: Yep. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. March 27, 2025 Page 11 MS. DE LA ROSA: Thank you. MS. PEREZ: Thank you, Board members. MR. SANTOS: Thank you very much. MS. BUCHILLON: ***Next up, we're still under motion for extension of compliance deadline. Number 3, CESD20220005510, Priscilla Cisneros and Sergio Garcia. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COOPER: I do. MS. CISNEROS: I do. CHAIRMAN KAUFMAN: Okay. You're requesting an extension of time? MS. CISNEROS: Yes. THE COURT REPORTER: State your name. MS. CISNEROS: Priscilla Cisneros. CHAIRMAN KAUFMAN: Can you put the mic a little closer to you? MS. CISNEROS: Yes. Good morning. My name's Priscilla Cisneros. CHAIRMAN KAUFMAN: Okay. MS. CISNEROS: Okay. So since I was last here, I explained that finding an architect and a fast one is nearly impossible here in Naples. Since my last hearing I did get another architect, and he did stamp drawings per me to go in for permitting, but unfortunately, he didn't do the interior. I originally had Donka (phonetic) Hill do my entire documents, and unfortunately, he couldn't stamp them before he retired. So now I have Donka Hill's drawings without the stamp complete, and now I have new drawings with the stamp without the interior. March 27, 2025 Page 12 So unfortunately, I couldn't go in for permitting. Every day I call my new architect and ask him when he's going to have the revised drawings. Every day he claims that he'll email it to me that day, and it has yet to happen. So if I could go in for permitting with Donka Hill's drawings and the new stamp drawings, I can go in for permitting today. I just don't want to get rejected being that the interior is not stamped. CHAIRMAN KAUFMAN: It's hard to build a house without an interior. MS. CISNEROS: Yes. So Craig Cooper has the drawings of the interior, but they're just not stamped. CHAIRMAN KAUFMAN: Okay. MS. CISNEROS: So I provided both sets of drawings to him. CHAIRMAN KAUFMAN: And when do you think this will happen? MS. CISNEROS: So every day I call, and they say they're going to have them to me. They just -- it doesn't happen. So I'm not sure. He claims another two weeks. The architect went on vacation. You know, the only thing I can do is call every day, which is what I've been doing. BOARD MEMBER CURLEY: What's his name? MS. CISNEROS: The new architect is ASSA. I'm sorry. Sarmiento McLean Investments. BOARD MEMBER CURLEY: Okay. Well, they might not like hearing their name on TV. MS. CISNEROS: Yeah. So I haven't found another architect. I've already paid both of these architects. There's nothing -- I don't know what else to do. CHAIRMAN KAUFMAN: Craig, any comments? March 27, 2025 Page 13 MR. COOPER: No. I think everything she's saying is true, and so -- CHAIRMAN KAUFMAN: So we're looking now for a time frame. They told you you might have it in two weeks? MS. CISNEROS: Yes. They do -- they have claimed it's a couple weeks. They said the architect came back from vacation, so... CHAIRMAN KAUFMAN: If we -- if we gave you two months, do you think that might -- MS. CISNEROS: Yes. I have no fear that this month I'll be in for permitting. And I think I'm going to go in for permitting today regardless, because I do have the interior from Donka Hill, and then I have the new one. I think with both those, maybe the county will approve my permit. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? (No response.) CHAIRMAN KAUFMAN: I'll make a motion to grant the respondent two months. BOARD MEMBER ELROD: Second. BOARD MEMBER RUBENSTEIN: I'll second. BOARD MEMBER BHATLA: Can we make it three months? CHAIRMAN KAUFMAN: We could make it 10 months -- BOARD MEMBER BHATLA: Three months. CHAIRMAN KAUFMAN: -- but my motion is two months. BOARD MEMBER ELROD: I second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? March 27, 2025 Page 14 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have two months. If you don't have it in two months, come back, and we'll take care of it at that time. MS. CISNEROS: Not a problem. I appreciate it. Thank you for all the help. CHAIRMAN KAUFMAN: Okay, great. MR. COOPER: Thank you. CHAIRMAN KAUFMAN: Thanks, Craig. MS. BUCHILLON: ***Next case, we're going to go a little different route, under old business, motion for imposition of fines and liens, No. 6, CELU20210010367, Iron Ranch Containers, Inc. We have an attorney here. Do you want me to read in the other two cases now, or do you want to do one at a time? CHAIRMAN KAUFMAN: You can read the other two in. MS. BUCHILLON: Okay. Number 7 also, CEVR20210010368 and, No. 8, CEVR20210009902. CHAIRMAN KAUFMAN: And the next one? BOARD MEMBER AYASUN: That's it. CHAIRMAN KAUFMAN: Six and 7. What's Case 8 on the agenda? That's also Iron Ranch. March 27, 2025 Page 15 MS. BUCHILLON: Yeah, 6, 7, and 8. BOARD MEMBER AYASUN: CEVR20210009902. MS. BUCHILLON: Yes, that's the last one. CHAIRMAN KAUFMAN: Let me confer with my associate here. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. JOHNSON: Yes. CHAIRMAN KAUFMAN: Okay. Before we start... MR. LETOURNEAU: Your Honor, sir, can I say something before we get going on this? CHAIRMAN KAUFMAN: Sure. MR. LETOURNEAU: We'd like Chuck to read the IOF -- well, actually, we don't even need to do that because I believe that Mr. Johnson is here looking for a continuance. And I've had a discussion with him this morning. And I know he took a lot of time to make his binder, and he wants everybody to see it and whatnot. I think he's -- you know, they're very proud of it; however, the county at this point, due to circumstances and the facts of this case, we believe that they might have hired people that didn't really help them out too much in trying to get this abated. At this point, the county would have no objection to a 90-day continuance in all these cases to get this cleared up. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'm just trying to save some time here. CHAIRMAN KAUFMAN: Okay. You've done that. County, other than what Jeff said, do you have any March 27, 2025 Page 16 comments? MR. MARINOS: No, sir. They've been responsive. I've been on this case for a relatively short period of time, but I've done some heavy research into it. They've got a lot of progress made and then some more to go. CHAIRMAN KAUFMAN: Okay. So, sir, did you state your name on the microphone for us, please. MR. JOHNSON: I haven't yet. But good morning to everyone. My name is Henry Johnson of Henry Johnson Law. Pleasure to be before all of you. And some of you may know, but sometimes I have sat in the past where Mr. Kaufman is as chairman of the Code Enforcement Board for the City of Naples. So I appreciate all of your volunteerism and understand that, you know, you guys are very, very patient. So I appreciate it very, very much. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Okay. Having said that, yeah, I would agree that we would respectfully request a continuance for several reasons, and I think perhaps providing a little background -- just a brief background -- and I'm not here to elongate anything, but it may be worthwhile. Since the -- since the stipulation was entered into in 2021, our client, which is Iron Ranch Recycling, I think -- and when we come back on a continuance, I would invite all of you to read our 43 pieces paper which are, for the most part, public records which show the efforts that have been made by Iron Ranch Recycling to come into full compliance with the matters that are before all of you. They start -- Iron Ramp Recycling began with obtaining a temporary-use permit for a mobile home in an ag March 27, 2025 Page 17 rezone literally three days after the stipulation was entered into, and the thought would be that would be the catalyst for resolution of all the other ancillary issues which are the subject of these different complaints. The bottom line is that, ultimately, the mobile home was not approved for residential uses which required a separate building application to remodel which ultimately led to that application being abandoned. That then put our client on a track to attempt to obtain an approved commercial use through the utilization of a Site Development Plan. And the records, when you review it when we come back on a continuance, you'll see really the superior efforts, I think, that were made for a period of several years as they wound through the good efforts of the county, wound through the efforts of South Florida Water Management, all the other related governmental and environmental companies, to try to bring that to conclusion. When, ultimately, I think the record will show that the county said, "Well, you don't need a Site Development Plan. What you need is a commercial use with a Site Improvement Plan." So that, then, took our client -- and where he's at right now is into Phase 3, which is on the home stretch, we believe, with the utilization of primarily Blair Foley, a well-recognized engineer here in Collier County, to bring these matters to conclusion so that ultimately there can be full compliance with all of the issues that the county is looking for. In fact, just so that you sort of get a little picture in your mind, Mr. Foley did leave a voicemail message with our March 27, 2025 Page 18 client several days ago, and I can read it for the record. It says, "Hey Robert," referring to our client, Mr. Aguilar, "Blair Foley here. We are working on it, and we are still waiting for environmental comments to come back. There are some landscape changes, some water management comments from county staff, and also some transportation comments, just some minor cleanup items mostly. Yeah, they are common, so we are working on them, but I cannot say until I get comments back from your environmental guy, so this is where we stand." My point being is that there are still active efforts -- specific efforts to attempt to obtain compliance, which I think is the goal of the Board. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: So I'm not here to bore you with a lot of detail. The books are available for you when we come back if you feel inclined to grant the continuance. CHAIRMAN KAUFMAN: You want to come back in 90 days? BOARD MEMBER RUBENSTEIN: What's the zoning on this property? MR. JOHNSON: I think I would yield to Mr. Foley on that. So it's for -- MR. MARINOS: It's an agriculturally zoned property. MR. JOHNSON: It's agricultural. CHAIRMAN KAUFMAN: We're not going to hear the case now, so I don't think we need to get into details. MR. NOELL: Can I -- just for a procedural point, sir, then, as part of your motion for a continuance, are you requesting that the binder be submitted into -- be entered into evidence by the Board? March 27, 2025 Page 19 MR. JOHNSON: I would ask at this point in time that the binder be admitted into evidence to give the Board the opportunity to review the binder. MR. NOELL: And then procedurally what we would do is, obviously, just like a normal kind of hearing, the Board would take a vote on entering that into evidence, provided the county has no objection. That binder -- then, the Board would keep one binder as part of their records. So unfortunately, you know, in the next hearing we have on it, that will be part of the agenda backup items for the Board to review in preparation for the hearing. The remainder of the binders will be returned to the respondent. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Mr. Noell? MR. NOELL: Yes, sir. MR. JOHNSON: Respectfully, as part of the binder and not part of the 43 tabbed items are several items that are in the loose jacket that we would ask you to, you know, if you're so inclined, to review and look at. There's a detailed outline which says, "Respondent's outline of exhibits relating to abatement of code violations," which it's up to you, but certainly that is part of the packet that we're providing to you that may be of assistance to you. There is also a summary of expenses that have been incurred by Iron Ranch in abating the violations, which are significant -- based upon our estimates, they are in excess of $150,000 to date -- that are also part of the summary. And there's also a highlighted section that relates to CELU20210010099, which would suggest, based upon staff comments, that there has been -- there was, in a timely manner, a complete abatement of that particular violation, March 27, 2025 Page 20 and -- because it says on a reinspection note of 2/11/2022 from, it looks like, county staff, I made a site visit on 2/9/2022 and observed all of the military vehicles have been removed from the property. All that remains on the property are two storage containers which are used to store planting containers and grow mushrooms, which is associated with the nursery. The property has an ag exemption, probably to answer Mr. Rubenstein's good question, and the storage containers are associated with a bona fide ag use. Building Official Jonathan Walsh verified that the violation has been abated. So when we come back, we may -- you may find that that particular violation in the discretion of the Board may come off the table, and we're really talking about the good compliance that our client has had as to the other claimed violations. CHAIRMAN KAUFMAN: So what I understand, you are requesting a 90-day extension. MR. NOELL: And it would be a continuance. CHAIRMAN KAUFMAN: Continuance. MR. NOELL: And just procedurally, before we do that, since he's requested that that be entered into evidence, does the county have any objection to that being entered into evidence? MR. MARINOS: No objection. MR. NOELL: So the first procedural step would be the Board taking the vote on entering that packet into evidence and then on the issue of the continuance. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Mr. Noell, with the consent of the Board and consent of the Chairman, consent of you, maybe March 27, 2025 Page 21 that notebook could be marked as Composite Exhibit 1 for any -- for all purposes so we have clarity for the record. MR. NOELL: Yep. CHAIRMAN KAUFMAN: Don't we want to first grant the request for the 90-day extension [sic] and then -- it doesn't matter? MR. NOELL: The hearing's -- the first step would be the evidence part of this hearing, and so you'd want to rule on accepting his packet. I heard there's no objection from the county, so it's really kind of more of a formality, accepting that, and then the next step would be ruling on the continuance. CHAIRMAN KAUFMAN: Okay. I'd accept a motion to accept the Composite 1. BOARD MEMBER ELROD: I'll make a motion to accept the Composite 1. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We've got the book. BOARD MEMBER CURLEY: So I have a question. March 27, 2025 Page 22 CHAIRMAN KAUFMAN: Shoot. BOARD MEMBER CURLEY: Thank you for the summary, Jeff, and for the information. So the length of time that has been, since the case is noted 2021 -- and Jeff did say that they hired somebody that didn't assist them. So how long have you been their attorney? MR. JOHNSON: Approximately a year. BOARD MEMBER CURLEY: A year, okay. And so we don't really know what happened for the last three years? MR. JOHNSON: You do. The packet will outline it literally step by step, Ms. Curley. I think you'll find that exactly the broad outline that I gave to you supports what has happened, which is it's basically a three-step process, and even your booklet outlines the three steps that have been attempted to be taken. I think that this has been an amalgamated effort to essentially take care of all the violations at one time. And I think that if you -- we would submit that if you -- if you have the opportunity and you read the packet, you'll see that it's pretty linear, okay, that there's been step by step by step, and -- BOARD MEMBER CURLEY: So the expenses -- excuse me. The expenses that you noted -- that the company has spent $150,000 on expenses, we should really be reminded that the company is operating and in business right now. MR. JOHNSON: You know, that's an interesting question, because I think -- CHAIRMAN KAUFMAN: I think that might be an interesting question in 90 days but not today. March 27, 2025 Page 23 BOARD MEMBER CURLEY: But first of all, it's not a -- it's not a question. It's a statement. The company is operating. They've been operating all along while they dragged their feet on this and finally hire you a year later. That's how I see it. So I wanted to make it very clear that it seems like it's -- there's been a lot of feet dragging. And I, of course, have not had the time to read this because we just got it a half hour ago, and I just wanted to make that statement. MR. JOHNSON: I would ask you -- you know, since we're on the record, I would ask you respectfully to please take a look at the efforts that have been made. I think that there has not been foot dragging, and I think that from an economic standpoint -- economic standpoint, our client has had the loss of use of this property. Our client has not been able to use the property for, ultimately, its intended work purpose. He's -- CHAIRMAN KAUFMAN: Okay. We'll discuss all of that in 90 days. I don't want to drag this out any longer than needs to. I'm sure we'll be spending a lot of time on it in three months if the motion that someone's about to make to grant a 90-day -- BOARD MEMBER RUBENSTEIN: I make the motion to -- for a continuance, Counselor? CHAIRMAN KAUFMAN: Continuance. BOARD MEMBER RUBENSTEIN: Continuance for 90 days. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All March 27, 2025 Page 24 those in favor? MR. NOELL: I'm sorry. Before the vote, just for clarity, any operational costs or no? BOARD MEMBER ELROD: Yes. BOARD MEMBER RUBENSTEIN: Yeah. MR. NOELL: Are there any operational costs incurred? MR. MARINOS: Yes, sir, $59.28 per -- MR. NOELL: Per case? MR. MARINOS: Yes, sir. BOARD MEMBER RUBENSTEIN: Yeah. So that's inclusive. MS. BUCHILLON: No, I'm sorry. If I may, first case, No. 6, is 59.70; No. 7 is 59.63; and No. 8 is 59.70. CHAIRMAN KAUFMAN: Okay. It's on the record. MR. NOELL: So can you, as part of your motion, then, is it a 90-day continuance -- BOARD MEMBER RUBENSTEIN: Yes. MR. NOELL: -- plus those operational costs just stated? BOARD MEMBER RUBENSTEIN: Yes. MR. NOELL: Okay. BOARD MEMBER ELROD: Second. BOARD MEMBER AYASUN: Second. MR. NOELL: If you want to call the vote. BOARD MEMBER RUBENSTEIN: And one question I have, just a point of information, what is the end use of this property going to be? MR. JOHNSON: The end use is going to be for agricultural and farm -- farm-related operations. BOARD MEMBER ELROD: Mushrooms. March 27, 2025 Page 25 CHAIRMAN KAUFMAN: Okay. I want to call the vote. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? BOARD MEMBER CURLEY: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Two opposed -- BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: -- and everybody else approved? Okay. BOARD MEMBER FUENTES: It's three and three. BOARD MEMBER CURLEY: No, it's three and three. BOARD MEMBER AYASUN: This is for -- CHAIRMAN KAUFMAN: There's seven of us. You can't get three and three out of seven. BOARD MEMBER FUENTES: I can't count. CHAIRMAN KAUFMAN: That's -- we'll do the vote again. All those in favor, raise your hand. BOARD MEMBER ELROD: (Raises hand.) BOARD MEMBER BHATLA: (Raises hand.) BOARD MEMBER AYASUN: (Raises hand.) CHAIRMAN KAUFMAN: (Raises hand.) Those opposed? BOARD MEMBER RUBENSTEIN: (Raises hand.) BOARD MEMBER FUENTES: (Raises hand.) BOARD MEMBER CURLEY: (Raises hand.) BOARD MEMBER AYASUN: 4-3. March 27, 2025 Page 26 CHAIRMAN KAUFMAN: It passed. Okay. See you in 90 days. MR. JOHNSON: Thank you for your time. CHAIRMAN KAUFMAN: Now I have a question for Jeff and company when you get a chance. MR. LETOURNEAU: Go ahead. Go ahead. CHAIRMAN KAUFMAN: How do you want to handle -- how do you want to handle this piece of information as far as the Board is concerned? Do you want us to take this book with us when we leave? What? MR. NOELL: So what the Board can do -- since it was entered into evidence, that copy is a part of the Board record now. So staff -- that should be uploaded for the agenda the next time that comes before the Board, so that will be part of the agenda packet. If the Board members want to set their binders at the front, and Chairman, if you just want to hold onto your binder, and we'll make sure that it gets to Ms. Buchillon for the record, that will be -- BOARD MEMBER RUBENSTEIN: Is it allowable that 30 days prior to the 90-day continuance that we get these binders back and get 30 days to review them? MR. NOELL: If you -- if you turn in the binder, then no. I mean, it will come with the normal agenda packet. BOARD MEMBER RUBENSTEIN: Okay. MR. NOELL: You're free to hold onto that binder if you want to, though, as well. BOARD MEMBER CURLEY: Excuse me. Did we hear all three cases at once? CHAIRMAN KAUFMAN: Yeah. We have to vote on the other -- BOARD MEMBER CURLEY: Did we extend all March 27, 2025 Page 27 three of these, or did we extend one? MR. NOELL: We extended all three when we went -- and went through the operational costs for each one. BOARD MEMBER CURLEY: Yeah, we should have had more discussion on that motion. MR. NOELL: So if you want to collect the binder -- us to collect binder, then just put it to the front of your chair, and we can do that now. BOARD MEMBER RUBENSTEIN: So when do we get a chance to actually sit down and review it? MR. NOELL: Normally when you get the agenda packet before each meeting, usually a week and a half before the meeting. BOARD MEMBER RUBENSTEIN: So this is going to come on email? MR. NOELL: Yes; yes, sir. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. I kept mine. Terri, were they sworn in? THE COURT REPORTER: (Nods head.) BOARD MEMBER AYASUN: Yes. BOARD MEMBER ELROD: Okay. Next. Move on. CHAIRMAN KAUFMAN: Okay. We can start again. Next case, Helen. MS. BUCHILLON: ***Next case, we have one more attorney. We are still under imposition of fines, which would be No. 12, CESD20220006947, Emmanuel Pipitone and Valentina Pipitone. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, March 27, 2025 Page 28 and nothing but the truth? MR. HOLMES: I do. MR. BEATTY: I do. MR. PIPITONE: I do. MS. PIPITONE: I do. CHAIRMAN KAUFMAN: If you could state your name on the microphone for us, please. MR. BEATTY: Good morning. My name is Scott Beatty. I'm an attorney with Henderson, Franklin, Starnes, and Holt here on behalf of Mr. and Mrs. Pipitone. MR. PIPITONE: My name's Emmanuel Pipitone. CHAIRMAN KAUFMAN: Okay. MS. PIPITONE: My name is Valentina Pipitone. CHAIRMAN KAUFMAN: You must be related. MR. HOLMES: And Bradley Holmes, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. All right. Bradley, you want to read this into the record for us, please? MR. HOLMES: Yes, sir. All right. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On March 23rd, 2023, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6233, Page 460, for more information. On November 17th of 2023, the Code Enforcement Board granted the continuance. The violation has been abated as of February 14th, 2025. March 27, 2025 Page 29 Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from June 22nd, 2023, to February 14th, 2025, 604 days, for a total fine amount of $90,600. Previously assessed operational costs of $59.28 and $59.42 have been paid. Operational costs for today's hearing $59.63. Total amount, $90,659.63. The gravity of the violation is considered not health and safety. Actions taken by the violator to correct: Obtained Permit No. PRMFH20240625031; finaled on 2/14/2025. Previous violations committed by the respondent/violator: No -- or none. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So, Counselor, do you want to give us a little quickie summary? MR. BEATTY: Yes, happy to. First, with respect to the original violation, so when Mr. Holmes was referencing the respondent and those original violations, that was not Mr. and Mrs. Pipitone. And let me just preface this by saying unlike Mr. Johnson, I've not done one of these before, so forgive me if I stumble through this. And I do not have fancy binders either, although I do have some documents that I would like the Board to consider. The first -- the first document is a recorded warranty deed where the actual original violator, Mr. Molina, conveyed the property to Mr. and Mrs. Pipitone. That transaction took place in March -- March 15th of 2024. And so this was after the original fine had been -- had been imposed or the code violation had been put in place. March 27, 2025 Page 30 And I think it's important for the Board to understand, you know, obviously people have notice, and you're considered on notice of violations -- code violations before you buy a piece of property, but I think it's important that the Board understands why this wasn't picked up by Mr. and Mrs. Pipitone, because Mr. and Mrs. Pipitone will tell you if they had known that there was an existing code violation, that they would not have, that hadn't been complied with. BOARD MEMBER FUENTES: I don't want to interrupt in a rude way, but I totally understand. They purchased a property that was in violation before. It was a preexisting violation that they inherited by purchasing the property. MR. BEATTY: Correct. BOARD MEMBER FUENTES: Yeah. BOARD MEMBER CURLEY: There's more to it, though. MR. BEATTY: But there's more to it than that, because if you -- if you look -- and I'm happy to share this. If you look at the information that's publicly available when you look at the complaint -- and by the way, I want to make clear my point in raising this is not to disparage anybody. I've spoken with Mr. Holmes. I've spoken with Mr. Letourneau. I understand what happened. But when you look at the complaint status, what's publicly available, at the time that this property was purchased, there is an entry of February 19, 2024 -- remember, they bought March 15 -- that says, "Permit finaled. Property in compliance. Fines stop as of 2/13/2024, closing case." CHAIRMAN KAUFMAN: Where was that? MR. BEATTY: That was in the publicly available March 27, 2025 Page 31 complaint status which, again, I have a printout, which I'm happy to share. BOARD MEMBER CURLEY: Did your firm do the real estate closing for them? MR. BEATTY: We did not, no. In addition to that, there was -- CHAIRMAN KAUFMAN: Before you go on, let me -- just to make things more simpler for me to understand, Jeff, can you comment on that last statement? MR. LETOURNEAU: I will comment on that. For the record, Jeff Letoureau, Collier County Code Enforcement. Unfortunately, what's shown in our portal isn't the complete picture of the actual code case. It only shows certain activities that are completed on the code case. And I believe less than a week later Brad put in -- reviewed the case -- because Ryan Cathey was the original investigator -- sent it to Brad to close. Brad did some research, figured out that it wasn't in compliance at that point, and he wrote "Determination states permit is required for renovation work which includes the countertops and the cabinetry." No permit on file for this -- that correlates to that need. So unfortunately, they didn't get to see that part of the verbiage right there. I think that they felt that it was in compliance at that time. They were good to go to buy the house. So I can see the confusion there; however, Brad did the correct thing as a supervisor and kept the case going at that point. CHAIRMAN KAUFMAN: Okay. Thank you, Jeff. BOARD MEMBER CURLEY: So even though the case started in 2022, outside of a title search that they would March 27, 2025 Page 32 have had done for the real estate closing, there's codes and code enforcement, and there's a variety of other searches that are done, and the results of that is provided by the county or city or municipality for those things, and that's a common thing that's done and addressed at a closing outside of your normal title examination. So these would have been picked up, these cases, for examination by whoever did their closing. MR. LETOURNEAU: And I will also say that -- let me see here -- six days -- on February 27, 2024, there was a phone call by an individual to our support staff asking about stuff, but I don't believe that there was a normal title search that was done through our code enforcement. BOARD MEMBER CURLEY: Yeah. So even though -- and there's also gap. They would have done gap after the closing. There's a variety of cat [sic] tools that would have caught that, and the municipality, city government, water, trash. Code enforcement lien is a separate search that's done at real estate closings, so I'm sure they have a real estate title claim besides this case here happening, and I'm sure you're representing them in it. MR. BEATTY: Correct, correct. And it wasn't, again, simply the complaint status that's available online. Mr. Cathey, as Mr. Letourneau said, issued an affidavit of compliance. And so again, for Mr. and Mrs. Pipitone closing on this transaction, seeing the complaint status says it's up to date, having an affidavit of compliance that says the property's brought into compliance, they didn't think that there was an issue. Notwithstanding that, when they got notice after they purchased the property in April, they immediately took the March 27, 2025 Page 33 steps to fix the issue. So I have a copy of the permit application status for their permit. They applied for the permit and got it. Well, they hired a contractor. They applied for the permit in June of 2024. Work was done. There was inspections. This isn't a home that they live in, so you'll see in that that they had to reschedule inspections because nobody was home at the time, and you had to have somebody come in. But they hired the contractor. The work was done, and it was finaled in February of this year with the property being brought into compliance. And so the request that Mr. and Mrs. Pipitone have is they're asking for a waiver of any of the daily fines that have -- that have been accrued on the property in connection with this particular hearing. CHAIRMAN KAUFMAN: Okay. Anybody -- BOARD MEMBER FUENTES: Yeah. I'm going to make the motion. I was going to make the motion earlier. I'm going to make the motion to reduce the county's fines to $250, from 90,000, and that today's operational costs of $59.63 do get paid within 30 days. BOARD MEMBER BHATLA: I wanted a clarification. Is there a case outstanding against the -- against the title insurance company? BOARD MEMBER CURLEY: Of course there is. MR. BEATTY: I have been retained by the title insurance company, yes, to represent them. Mr. and Mrs. Pipitone also had to hire separate counsel outside of that that aren't here, but they've also incurred that cost. BOARD MEMBER BHATLA: When is that going to be settled? March 27, 2025 Page 34 BOARD MEMBER AYASUN: I second Mr. Fuentes' motion. MR. BEATTY: That will get resolved based upon the hearing today. BOARD MEMBER BHATLA: Okay. All right. BOARD MEMBER CURLEY: Yeah. But -- BOARD MEMBER BHATLA: Okay. CHAIRMAN KAUFMAN: So the 250, if this motion passes, will be added to their expense on this particular case. BOARD MEMBER AYASUN: Correct. CHAIRMAN KAUFMAN: Okay. I understand that. Jeff. MR. LETOURNEAU: Just reminding you about the operational costs also for today. BOARD MEMBER AYASUN: Yeah, it was in there. BOARD MEMBER CURLEY: Yeah. So this should be in a law school, School of Hard Knox, when to hire the right closing person to represent you correctly and do the full investigation before you spend money on things. And obviously, you're retained by the underwriter. We know that now, but that -- you should have told us that from the beginning that they're not your client. MR. BEATTY: Well, they are my client. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER CURLEY: But you're being paid by the underwriter. MR. BEATTY: That's irrelevant to -- BOARD MEMBER CURLEY: That's fine. BOARD MEMBER BHATLA: Yeah, it's okay. CHAIRMAN KAUFMAN: Okay. We have a motion. It's been seconded. Any comments on the motion? March 27, 2025 Page 35 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER AYASUN: Okay. CHAIRMAN KAUFMAN: It carries. So the fine -- you saved yourself $875,000 [sic] or whatever. BOARD MEMBER AYASUN: Eighty-seven thousand. CHAIRMAN KAUFMAN: Go with God. Thank you. MS. PIPITONE: Thank you. CHAIRMAN KAUFMAN: Whatever. Okay. Helen. MS. BUCHILLON: Okay. Actually, we are still under motion for imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***First case, No. 1, CESD20230007241, Richard Brian Peterman and Cynthia Marie Eddy. 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. March 27, 2025 Page 36 MS. EDDY: I do. CHAIRMAN KAUFMAN: Okay. Why don't we start off with reading the case into the record. MR. PACKARD: Yes, sir. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On March 28th, 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 attached order of the Board, OR6353, Page 286, for more information. July 25th, 2024, the Code Enforcement Board granted an extension of time. Violation has been abated as of February 5th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 22nd, 2025, to February 5th, 2025, 15 days, for a total fine amount of $3,000. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, $59.56. Total amount, $3,059.56. Gravity of violation: It was not a health-and-safety violation. Actions taken by the violator to correct: Permit PRFH20240626300 was issued, inspected, and finaled. No previous violations were committed by the respondent, and no other relevant factors. CHAIRMAN KAUFMAN: Thank you, Jason. MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Ma'am, you may want to move the microphone closer so we can hear you. March 27, 2025 Page 37 MS. EDDY: Better? CHAIRMAN KAUFMAN: We can get you a step stool if you want. MS. EDDY: Okay. Is this good? CHAIRMAN KAUFMAN: Good. MS. EDDY: Okay. All right. So should I start with -- from the extension and just give you a preview of -- CHAIRMAN KAUFMAN: Just give us a quick summary of -- you took care of everything in -- MS. EDDY: Yes. MR. IANDIMARINO: Please state your name. MS. EDDY: Oh, I'm sorry. Cynthia Marie Eddy. CHAIRMAN KAUFMAN: Okay. MS. EDDY: Okay. So we received the extension. I found a contractor to help us, and then we hit a lot of roadblocks with Hurricane Debby and then Helene and then Thanksgiving and Christmas, but we got through all of the inspections. And on January 21st, I sent an email. So I had corresponded with Jason Packard and Renald Paul throughout the whole process. They've been great helping me. And on the 21st, January 21st, I sent an email and said, "We're all done," and both of them looked into the file and said, "You're not done. There's still outstanding inspections." And I didn't even know what that meant. So again, I wrote back and said, "I'm not sure what that means. Can you explain that to me?" And Renald wrote back and said, "Even though you got the final electric and you got the final plumbing, you still need to get a final building inspection. Somebody has to March 27, 2025 Page 38 come to do that," which I had no idea. So then that put us over the time period. So we had -- they came back and checked it. I mean, everything was already finalized, and that -- and I had no idea. I wish that I had known whenever he had said, "It's not done," that there was a fine each day. I had no idea there was a fine each day after that. CHAIRMAN KAUFMAN: Okay. MS. EDDY: Because -- let me just say one more thing. My understanding was that if we continued corresponding -- which we did. We corresponded constantly. Every month I corresponded with everybody -- that we would be okay as long as we kept them apprised of what our progress was. CHAIRMAN KAUFMAN: Okay. Any questions or motions from the Board? BOARD MEMBER CURLEY: The county have anything to say? MR. PACKARD: Other than she stayed in contact, and they just had a little issue just getting a contractor -- it was a smaller job, so the "contractor finding" at the beginning was a little bit of a challenge. BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'll make a motion to deny the county its fine; however, today's operational costs of 59.56 do need to be paid within 30 days. BOARD MEMBER CURLEY: I'll second. MS. EDDY: Thank you so much. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? March 27, 2025 Page 39 BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It carries. Enjoy your renovated -- MS. EDDY: Thank you. Finally it's over. CHAIRMAN KAUFMAN: -- home. MS. EDDY: Thank you. MR. PACKARD: Thank you, folks. MS. BUCHILLON: ***Next case, No. 2, CESD20230009809, Dina Maribel Vasquez Guillen. BOARD MEMBER CURLEY: Extension of time No. 2? MS. BUCHILLON: No, we're still under motion for imposition of fines. BOARD MEMBER CURLEY: Oh, sorry. I meant that. Thank you. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MS. VASQUEZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MS. VASQUEZ: Good morning. My name is Dina Vasquez. March 27, 2025 Page 40 CHAIRMAN KAUFMAN: Okay. You might want to pull it down a little bit. Okay. And let's start out by reading this into the record for us. MS. PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement. Past orders: On May 23rd, 2024, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6370, Page 455, for more information. Violation has been abated as of December 31st, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from August 22nd, 2024, to December 31st, 2024, 130 days, for a total fine amount of $26,400. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.35. Total amount, $26,459.35. Gravity of the violation was health and safety. Actions taken by violator to correct: Obtained Permit PRAC20231250598, and certificate of completion on 12/31/24. Any previous violations committed by respondent? No. Any relative [sic] factors: Owner was committed to follow all requirements. CHAIRMAN KAUFMAN: Okay. Your turn. MS. VASQUEZ: Okay. I'm sorry. Okay. At the time I buy this container, I wasn't sure I March 27, 2025 Page 41 have to follow the rules to legalize the permit, so I just put it on, and I connect the electricity, plumbing, and then I noticed that I have to remove that from there. And it was for me to hire people and remove it and put it in the back and remove all the -- everything I did inside. And then it was hard for me to find the person who was going to do the drawing. I hired three people, and one of them just take the money; he never show up. And that was taking a long time. And finally, I got the engineer who helped me with the drawing, and then at the end, I have to hire a company who did the soil test. That was -- take a long time, too. And then I hire one company who make the measurements at the property, and then they didn't -- it wasn't right, and then I have to do it again. So that takes a long time. And finally, I get everything right, and -- but at the time I got everything finished, I request for extension to Mr. Johnson, and he never answer me back for that extension to finish all the work, and I never knew the -- it was starting to pay daily if I don't -- if I don't get that done. MR. IANDIMARINO: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: Tom Iandimarino, director of Code Enforcement Board, for the record. We looked at this case, and the respondent did ask for an extension of time prior to the proposed date in August. We did not -- we were not able to get that on the docket. And had we put that on the docket, you probably would have granted an extension of time through December, and there would be no imposition of fines. It would have come to you with maybe, you know, one day. March 27, 2025 Page 42 So please take that into account that there was a -- I think Mr. Johnson was out for a little bit, and it might have gotten missed. So please take that into account. CHAIRMAN KAUFMAN: Okay. Do you have anything else? MS. VASQUEZ: So finally I get everything done, and I got my certificate of completion. So I want to ask you if you please waive all my fines on the case. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I want to see what it looks like. I've always been curious about how you can make that into a -- into a living. MS. VASQUEZ: No. I register as storage container. BOARD MEMBER CURLEY: Oh. MS. VASQUEZ: Yeah. At the beginning I did it, but -- BOARD MEMBER CURLEY: Right. MS. VASQUEZ: -- like a room. BOARD MEMBER CURLEY: Right. MS. VASQUEZ: But I couldn't -- I couldn't get all the permits to keep it like that. BOARD MEMBER CURLEY: I was just curious. I'll make a motion to withhold the county's fine less the 59.35 operational costs for today. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the county's ability for the $26,459.35. Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. March 27, 2025 Page 43 BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Your fines have been -- they're gone away except for the $59.35 for the court costs, okay? MS. VASQUEZ: Thank you. Appreciate it. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Thank you. BOARD MEMBER AYASUN: All right. Thank you. MS. VASQUEZ: Thank you. MS. BUCHILLON: Do you want to take a break? THE COURT REPORTER: Not yet. MS. BUCHILLON: ***Next case, we are still under motion for imposition of fines and liens. Number 5, CESD20190014719, Ulysses Nabal Jaen. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. JAEN: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us, please? Can you state your name on the microphone for us, first. MR. JAEN: Ulysses Jaen. CHAIRMAN KAUFMAN: Okay. March 27, 2025 Page 44 MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On September 24th, 2020, the Code Enforcement Board issued 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, OR5831, Page 4000, for more information. On October 26th, 2023, and October 24th, 2024, the Code Enforcement Board granted a continuance. The violation has been abated as January 25th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 24th, 2020, to January 25th, 2025, 1,494 days, for a total fine amount of $149,400. Previously assessed operational costs of $59.28 and $59.35 have been paid. Operational costs for today's hearing is 59.70. Total amount of $149,459.70. The gravity of the violation is not health and safety. Any action taken by the violator to correct: Permit PRCP20230624881 for the shed has been finaled. Any previous violations committed by the respondent has been none. Any other relevant factors are none. CHAIRMAN KAUFMAN: Okay. Sir. MR. JAEN: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. JAEN: Please let me make a very long story short. The property was built in 1998 in Golden Gate Estates. March 27, 2025 Page 45 It was permitted -- it had a shed permitted on the south side of the property. I came before you and I showed you videos and photos of where the property was flooded after a permit was issued to my next-door neighbor on the south side who constructed a huge building called DPT of Florida, an automotive building. That building took basically his backyard and turned it into a -- into a construction -- into an auto repair store -- shop, and all that water started flooding my shed that was permitted on the south side of the property. On the north side of the property, the next-door neighbor also had built a carport on my side of the property, but when they sold the property, that carport was removed; however, I believed that that part of the property was already permitted for a carport. So I moved my shed from the south side and started building it on the north side to get away from the flooding until -- and I requested for the county to come and inspect, because when they built the new DPT of Florida, they raised their level by almost four feet, and all of their water just came rushing into my yard. So I asked them to mitigate that. But in the meantime, the engineer said that they couldn't put something because of liability issues. They couldn't put a report. So I started the whole -- the permitting process when I found out that the shed was five inches too close to my next-door neighbor, who had agreed to let me build it where they had the carport, and I had to get a variance. Well, a variance is an incredibly complicated problem for -- especially for somebody like me who's never gone through it. And I started doing this. And what happened March 27, 2025 Page 46 was COVID-19 hit, and I couldn't get the engineers. I couldn't get the Department of Environmental Protection to come out. I couldn't get all the -- all the surveying that it requires. I also needed to have public notices that were built [sic]. I had to send letters to everybody. I had to put ads in the newspaper. All of this happened in the meantime, and it stretched the long period of time until I was able to get the variance. Even to get the hearing -- it took me a year to finally get the hearing, finally get this done, I was -- the variance was finally approved, and I finally started the permit process. I started the permit process in June of 2023. And then it began that I also had to get another series of surveys and another engineer to come out because the building inspections had some things that were not visible, so he had to take things apart and put the things back together and send a report that it was okay. And finally, the permit was finally issued at the end of last year. I come to you knowing that I was in violation, but I ask you to please have mercy on me because I've done everything I possibly could. Since I got -- since I was notified of the issue, I tried to be in compliance. I tried to follow all the steps that the -- that the zoning has done for me. But just to give you an idea, the elevation certificate was submitted five different times. Each one of those times, when it goes into the portal, it doesn't tell me that it has to be accepted or rejected until weeks after, and then when I find out it was rejected, it's for some technicality, a signature that was placed on the top instead of on the bottom. An elevation that was 9.5 instead of 9.7, some little March 27, 2025 Page 47 things, five different times until I finally got it done. Each time it cost me money to get the surveyors to get it done, resubmit it, and that takes a long time. I know that it appears like I've been sitting on this, but I have not, I swear. I've been trying my best to be in compliance, and I finally come to you with the certificate of completion, which I'm going to hang in my living room and -- to show to everybody because this is the worst mistake I ever made in my life was started building this shed to show my son how to build things, and instead I showed him how not to do things, and I apologize for that. But I beg you to please waive the fines so that I can go ahead and move on and stay in my forever home. CHAIRMAN KAUFMAN: Okay. Questions from the Board? BOARD MEMBER CURLEY: Take a breath. BOARD MEMBER RUBENSTEIN: What's in the shed? BOARD MEMBER CURLEY: Congratulations on your certificate. MR. JAEN: Thank you so much. And I thank you for your service to our community. CHAIRMAN KAUFMAN: Anybody want to make a motion? BOARD MEMBER FUENTES: Yeah. I'll make a motion to deny the county its fines; however, today's operational costs of 59.70 do need to get paid within 30 days. MR. JAEN: Will do immediately. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion March 27, 2025 Page 48 and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. JAEN: God bless you. Thank you so much. Thank you, county. BOARD MEMBER FUENTES: I wonder if Terri's fingers hurt. CHAIRMAN KAUFMAN: Terri, you want a break now or -- THE COURT REPORTER: 10:30 is good. CHAIRMAN KAUFMAN: 10:30, okay. We'll be gone by 10:30. Okay, Helen, where are we? MS. BUCHILLON: ***We are still under motion for imposition of fines and liens. Number 10, CESD20220005381, PSB Land Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. March 27, 2025 Page 49 MR. BANSKI: I do. MR. JAUREGUI: I do. CHAIRMAN KAUFMAN: Okay. Jonathan. MR. MUSSE: For the record, Investigator Jonathan Musse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Could you gentlemen state your name on the microphone for. I know you by now, but... MR. BANSKI: Peter Banski. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. JAUREGUI: Good morning. Edgar Jauregui. CHAIRMAN KAUFMAN: Okay. Jonathan. MR. MUSSE: Past orders: On January 26th, 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 the attached order of the Board, OR6217, Page 467, for more information. The violation has been abated as of March 25th, 2025. Fines and costs to dates are as follows: Part 1 abated by January 30th, 2023, within the compliance deadline. Part 2, fines have accrued at the rate of $200 per day from a period from May 27th, 2023, to March 25th, 2025, 669 days, for a total fine amount of $133,800. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing is $59.50. This was a health and safety violation. The property owner hired a contractor, obtained Permit No. PRFH20230417404, and obtained the certificate of occupancy on March 25th, 2025. There was a previous violation, one prior code case March 27, 2025 Page 50 involving an unpermitted fence. Case was presented before the Code Enforcement Board January 26th, 2023, and he has come into compliance with that earlier. And there were no other relevant factors. CHAIRMAN KAUFMAN: Okay. This has taken a while. MR. BANSKI: Yes, it has. Good morning. I wanted to apologize for taking that long. CHAIRMAN KAUFMAN: You could move the mic. MR. BANSKI: Yes. CHAIRMAN KAUFMAN: I can't hear you well. MR. BANSKI: I wanted to apologize for this taking that long. I hired a GC. And between the architect, the engineer, and getting everything into compliance with different inspectors coming every time, it just took forever. And in the same amount of time, I actually built a big house for myself. So this should have been done way before that. But it's done, it's behind us, and, you know, I learned a lesson. CHAIRMAN KAUFMAN: What was the big delay from January of '23? MR. BANSKI: So what was the delay? MR. JAUREGUI: We was -- there were different stuff like -- we was just working in garage for permits, because that's -- the reason is we -- was the complaints. But when the inspection start to come, we start to have an issue about the way this, like, electrical thing is not right. It's going to the house or, you know, we was back and forth, and all the time it was different inspectors. So we was -- tried to do whatever, you know, the want inspector said, but we was laying behind all the time. March 27, 2025 Page 51 MR. BANSKI: Whatever they ask you to do. MR. JAUREGUI: Yeah. The whatever -- you know, more complaints about, you know what, this -- this is not right, so you need to fix it. So next week was coming, another inspector say, you know what? Now we need to do this. So we start to lag behind, behind, and all that stuff. That was the reason why we take that long, and I'm sorry about it. CHAIRMAN KAUFMAN: Was the garage occupied during this period of time? MR. BANSKI: For the period of time where we had to actually raise the floor to a certain level, I had the lady move out. And we actually did way more, safety-wise, to this property than I was supposed to because I want to make sure that everything was done correctly, replaced certain systems, replace the A/C system completely, so on, so on. CHAIRMAN KAUFMAN: Was this a rental? MR. BANSKI: Yes. CHAIRMAN KAUFMAN: You rented that -- MR. BANSKI: Uh-huh. CHAIRMAN KAUFMAN: Okay. MR. BANSKI: Yes, correct. CHAIRMAN KAUFMAN: So for two years, how much time was it raising the floor versus the rest of the time? MR. BANSKI: What was it for that part? Couple months. MR. JAUREGUI: Couple months, yeah. MR. BANSKI: Yeah. BOARD MEMBER CURLEY: Well -- and just -- I'm just reading the partial compliance. The electric was fixed March 27, 2025 Page 52 quickly and very fast. Where they were ordered to turn it off, they did. They complied with that, and they had all the electrical repaired or fixed or updated almost immediately, and the drag was everything else. MR. BANSKI: Yes, pretty much. I was not happy with the process, and I asked him, do I have to hire a different contractor to move on? But I was afraid that it would just start from the beginning, and it would stretch even longer. CHAIRMAN KAUFMAN: Jonathan, do you have any comments on this? MR. MUSSE: No. Mr. Banski's been great. It did take longer than expected. He was right, he did obtain a permit and CO for the fence, the A/C unit. It's just unfortunate with -- this permit just took longer. With Part 1, I think it was the order to vacate and turn off the electrical, and he complied right away. CHAIRMAN KAUFMAN: So the area that was rented out, that was actually occupied for -- MR. MUSSE: It was occupied right before the -- on the -- by the first hearing, but then a week later -- CHAIRMAN KAUFMAN: As soon as the electric was turned off -- MR. MUSSE: For that section. Obviously, you couldn't turn off the electricity for the whole house. He did turn off the electricity for those un -- CHAIRMAN KAUFMAN: On the circuit breaker. MR. MUSSE: -- unpermitted units, yeah. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I mean, I'll make a motion, if anyone -- unless somebody else does. I'll make a March 27, 2025 Page 53 motion to include today's operational costs of 59.56 and reduce the fine to 2,000 from 133,000. CHAIRMAN KAUFMAN: Okay. Do we have a second? BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: We have a second. Comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So it's $2,000 plus the court costs of 59.56. MR. BANSKI: Wonderful. Thank you so much for being so nice. Thank you. MR. JAUREGUI: Thank you. Appreciate it. CHAIRMAN KAUFMAN: Okay Helen. MS. BUCHILLON: ***We're still under motion for imposition of fines and liens. Number 11, CESD20220004521, German Diaz Sanchez and Taimi Nunez Martinez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, March 27, 2025 Page 54 and nothing but the truth? MS. CURL: I do. MS. NUNEZ: I do. MR. DIAZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. NUNEZ: Taimi Nunez. MR. DIAZ: German Diaz. CHAIRMAN KAUFMAN: Okay. You may want to move that microphone down a little bit. There you go. Are you new? MS. CURL: I've been here a couple times now. CHAIRMAN KAUFMAN: Your "new" hasn't worn off, then. Okay. You want to read this into the record for us? MS. CURL: Absolutely. For the record, Payten Curl, Collier County Code Enforcement. Past orders: On October 26th, 2023, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6307, Page 3340, for more information. On February 22nd, 2024, the Code Enforcement Board granted an extension of time. On August 22nd, 2024, and January 23rd, 2025, the Code Enforcement Board granted a continuance. The violation has been abated as of March 7th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from December 23rd, 2024, to March 7th, 2025, 75 days, for a March 27, 2025 Page 55 total fine amount of $15,000. Previously assessed operational costs of $59.28 and $59.70 have been paid. Operational costs for today's hearing, $59.98. Total amount is $15,059.98. The gravity of the violation: Not health and safety. Any actions taken by violator to correct: Finaled Permit PRFH20220943099 on 3/7/2015. Any previous violations committed by the respondent/violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Questions or comments from the Board? (No response.) CHAIRMAN KAUFMAN: I'm looking at this -- what was the overhang? Was that for, like, a carport of some sort? MS. NUNEZ: Carport and garage and living room. It was a garage and the carport together. CHAIRMAN KAUFMAN: Okay. MS. NUNEZ: So when we start this case, the architect take time to do the blueprint. So I think they -- it was wrong a few times, so we have to start again. Collier County never give out the permit because the blueprint was wrong. So when we get the good -- no, the good blueprint, we start to do everything because we have to wait for the Collier County say we can do it -- we can start that. So even when we finish everything, everything was done, I think. I put it here because I'm nervous. So the architecture use the signature of a person who was in a tiff. We had to finish -- to find another architect to review the case and wait for Collier County to review the case and give March 27, 2025 Page 56 out the final inspections. Even though everything was finished three months ago, we have been here several times always trying to get more time because, unfortunately, we tried to fix our mistake. We had several people that we depended on to take us to -- I'm nervous -- to the next step. One of them was our architect who was a big mistake for us to choose him. So now everything is done. I don't know, so... CHAIRMAN KAUFMAN: I have a question. On this -- on past orders, I see October of 2023. So we granted an extension of time at that time, so this has been going on, really, since 2023; is that correct? MS. CURL: Yeah. I took over this case, but I believe it's been going on since 2023. BOARD MEMBER CURLEY: So it looks like it was all done and completed, and then the permit expired, and then they reactivated, and then they had to open everything up and show them and change it and -- MS. CURL: This is one of the cases where that one architect got his stamp stolen while he was -- yes. BOARD MEMBER CURLEY: Okay. MS. CURL: And he was -- I think he's retired, and his stamp was used in multiple other permits. It's now a huge thing, so... BOARD MEMBER CURLEY: Yeah, I heard her say that. CHAIRMAN KAUFMAN: On the news. BOARD MEMBER FUENTES: We're waiving everything. I'll make a motion. I'll make a motion to deny the county its fines. However, today's operational costs of 59.98 do need to get paid within 30 days. March 27, 2025 Page 57 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Zero. CHAIRMAN KAUFMAN: Just the operational costs need to be paid within 30 days, okay? BOARD MEMBER AYASUN: Fifty-nine dollars. CHAIRMAN KAUFMAN: Fifty-nine dollars instead of -- BOARD MEMBER FUENTES: 59.98. BOARD MEMBER AYASUN: 98. Yes, don't forget the 98. MR. DIAZ: Thank you. MS. NUNEZ: Thank you. MS. CURL: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***All right. Still under motion for imposition of fines and liens, No. 13, CESD20240003618, Jean Michel Bijou and Marie R. Innocent. March 27, 2025 Page 58 MS. INNOCENT: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MS. INNOCENT: My name is Marie Innocent. This is my son, because the name you see in the paper is my husband. He was die, yes. This is my son. I'm coming with him because I'm not speak very well English. That's why I'm coming with him to -- when he understand something, I'm not understanding something -- CHAIRMAN KAUFMAN: Okay. We'll swear both of you in, but we'll swear him in as your interpreter, okay? MS. INNOCENT: Yes, he's my interpreter, because I'm not speak very well. CHAIRMAN KAUFMAN: Terri will take care of that. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Creole and Creole into English to the best of your ability? MR. BIJOU: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. CURL: I do. MS. INNOCENT: I do. BOARD MEMBER CURLEY: I thought he was your lawyer. THE COURT REPORTER: What's his name? MR. BIJOU: Dest Bijou. MS. INNOCENT: Dest Bijou, D-e-s-t, B-i-j-o-u. MS. CURL: For the record, Payten Curl, Collier County, Code Enforcement. March 27, 2025 Page 59 Past orders: On September 26th, 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, OR6408, Page 2561, for more information. The violation has been abated as of February 21st, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from December 26th, 2024, to February 21st, 2025, 58 days, for a total fine amount of $11,600. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.42. Total amount, $11,659.42. The gravity of the violation: Health and safety. Any actions taken by the violator to correct: Obtained Permit PRCP20230414775 on February 21st, 2025. Any previous violations committed by the respondent and violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So you have a shed? MS. INNOCENT: Yes. CHAIRMAN KAUFMAN: And there was some plumbing and electrical work done in the shed? MS. INNOCENT: Electric? No. CHAIRMAN KAUFMAN: Electric. MS. INNOCENT: No, I don't have electric. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: You might be -- she March 27, 2025 Page 60 might be thinking of what you're talking about for today. So you have a new shed? MS. INNOCENT: Yes, I have -- I call the company Todd Shed to do the shed for me. When somebody come in to do the shed, after they -- he got the permit, he leave the shell in the ground. He don't give me anything, not -- don't give me no permit number and the certificate. After the shed is in the ground, the water -- it's raining all the time, the shell got messed up. The water going to messed up the shed. When I see the shell is messed up, I'm calling the company. I said, "What happened? You leave the shell in the ground. I pay the money for that. You don't give me the permit. You don't give me the certificate. What can I do?" But one day I see somebody coming in my house, an officer, he said the shed not done. I say, what -- I say, "I don't know" but when the shed is in the ground, I tried to do something to make the shell up because the water going to -- messed up the shed. Somebody help me with some -- up high to put the shed up, to put some block to block the shell to not -- when the officer come in, he say, "It's not good because you don't have permit for that." I said, "That's okay, because it's not my fault. I so sorry. I don't know anything about -- to do with the shed. I pay the company come in to do the shed. It's not my fault." He said, "Okay. You're going to do the block because you don't have the permit." I say, "That's okay." When I called the company, I said, "You don't give me the certificate. You leave the shell in the ground. The March 27, 2025 Page 61 water -- it's raining. The water going to mess up the shed." But I call him. I send the message. I said, "I don't have permit. I don't have anything." He say, "You don't have -- "everything is complete." The officer say, "Yes, you supposed to have the certificate." When I calling, I calling, I calling, I say, "You supposed to do something because I don't have certificate." After three, two months, he do the survey, because the officer tell me he supposed to have survey, the shed. When he does the survey, too much call, too much talk, talk. He do the sale. After we do the shed, the inspection is not passed 'cause the shell is close to my neighbor. After that, when the officer come in in my house, he say, "You're supposed to go to the court about that." When I'm coming to the court, I'm not speak English very well. He tell me something, but I understand some; I'm not understand all of them. We take to me. You say, "After December 26, if the shed is not move, you going to pay," but I don't know much. I'm not understand very well. I call the company. I send the message. All the message. Nobody tell me anything about to come in to move the shed. Every day I'm call, every day, because the shell have two years ago. At this moment, I'm sick, but I'm not -- I'm not work because I'm sick. I calling, I calling. Nobody tell me anything. I say, "I'm going to pay if you not coming to move the shell," da, da, da. After a weekend, he say, "No, we can't. I'm not coming because I don't have time." March 27, 2025 Page 62 All day I'm calling. After that, someone go to the company in Fort Myers. You going to see somebody to talk to them about the shell. When I call, I -- I give them the paper. I say, "You see? If you not coming to move the shell, I'm going to pay. I don't have money to pay. I'm not work now because I'm sick." Oh, never coming. BOARD MEMBER RUBENSTEIN: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: If the lady's through, okay. I'd like to deny the county the 11,659.42 and the respondent to be responsible for the 59.42 for today's hearing. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Do we have a second? BOARD MEMBER CURLEY: Can we hear what the -- if the county has anything to say about it. MS. CURL: I don't have anything. I think it's up to the discretion of the Board. I would just like you to know that she's been in super close contact with me and told me about all the issues she dealt with with the company about how they put the shed in the wrong spot initially and then took forever to come out. She showed me years of -- well, not years, but the past couple years’ worth of text messages between her and this company and how they refused to reply to her, and she went through a lot. March 27, 2025 Page 63 CHAIRMAN KAUFMAN: What's the name of the company? MS. INNOCENT: Todd's Shed. CHAIRMAN KAUFMAN: Ted's Shed? MS. INNOCENT: Todd's Shed. BOARD MEMBER CURLEY: Todd's Shed. CHAIRMAN KAUFMAN: Todd's Shed. Okay. BOARD MEMBER CURLEY: So the reason I'm asking you is did this get referred to contractor's licensing? Because they probably broke, like, eight rules. MS. CURL: No. I don't believe it was ever referred to Contractor Licensing. I inherited this case. CHAIRMAN KAUFMAN: Okay. We have the motion and the a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (Absent for vote.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER RUBENSTEIN: And we're sorry for your loss. CHAIRMAN KAUFMAN: Okay. The court costs have to be paid, that's $59.42, but the 11,000, that's gone. March 27, 2025 Page 64 MS. INNOCENT: Thank you so much. Thank you so much. BOARD MEMBER AYASUN: Thank you. CHAIRMAN KAUFMAN: Okay. MS. INNOCENT: Okay. Thank you so much. CHAIRMAN KAUFMAN: Okay. Terri, you want a break now? THE COURT REPORTER: How many do we have left? MS. BUCHILLON: We have two regular cases and one imposition that respondents are not here. Do you want to go? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: We're going to skip the break. THE COURT REPORTER: Unless you need a break. CHAIRMAN KAUFMAN: Okay. We'll skip the break. Onward and upward. MS. BUCHILLON: Do you want to do the imposition of fines since we're already under -- CHAIRMAN KAUFMAN: Yes, yes. MS. BUCHILLON: ***Okay. Number -- it would be No. 3, CEPM20180014849, Henry Schulman. CHAIRMAN KAUFMAN: One that's not into compliance. BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: We have to have it read into the record first. Wait till the county gets here. Okay. Let the record reflect that the respondent is not present. Jonathan, do you want read this for the record for us. March 27, 2025 Page 65 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders -- this is not it. Sorry. CHAIRMAN KAUFMAN: August 29th, 2019. MR. MUSSE: Past orders: On August 29th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5674, Page 3562, for more information. February 22nd, 2024, the Code Enforcement Board granted a continuance. The violation has not been abated as of March 27th, 2025. Fines have accrued at the rate of $25 per day for a period from August 29th, 2020, to March 27th, 2025, 1,672 days, for a total fine amount of $41,800. Fines continue to accrue. Previously assessed operational costs of $59.50 and $59.28 have been paid. Operational costs for today's hearing is $59.42. Total amount is $41,859.42. CHAIRMAN KAUFMAN: Okay. This was a house that was -- that burned down? MR. MUSSE: Yes. And then the property owner -- which I'm having difficulty getting in contact with him. He -- it looks like his phone was disconnected. Mr. Craft was assisting him. He's a contractor. And I March 27, 2025 Page 66 can -- if I may, I can show you the permit, how it stands right now. BOARD MEMBER CURLEY: Did you say Craft, like K-r-a-f-t? MR. MUSSE: C. BOARD MEMBER AYASUN: C. BOARD MEMBER CURLEY: Oh. MR. MUSSE: So here's the building permit. So as you can see, it says the status is "reactivate" with the executive orders up until, like, April 15th, I believe. So it's technically not in -- it hasn't expired; however, it did pass the expiration date. There are no fines, no fees pending. There are two conditions, one is a CO hold for the energy calculations that need to be submitted and the elevation certificate. So the reason why we didn't withhold this is there has been no activity since March 6th, 2024, last year. That was the last inspection. Mr. Craft hasn't returned my calls, so I haven't been able to get an update. CHAIRMAN KAUFMAN: Okay. Well, we have probably no choice other than so impose this, so... BOARD MEMBER CURLEY: Is the house done? MR. MUSSE: So it's in a real sketchy area where is says, "Go in at your own risk," and he has a couple of dogs, so I haven't been able to pass the gate. There's "no trespassing" signs everywhere. So I know at least it started from my conversation with Mr. Craft, but I haven't been able to see it. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'll make a motion. CHAIRMAN KAUFMAN: Make a motion. March 27, 2025 Page 67 MR. NOELL: Before the motion's made, can you just -- Ms. Buchillon, can you provide testimony as to the notice that was provided to the respondent? MS. BUCHILLON: Yes, sir. For the record, respondent was notified regular and certified mail March 5th, 2025, and it was also posted at the property and courthouse March 6th, 2025. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I make a motion to impose the county's fines of $41,859.42. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Jonathan. We need to -- we have a scrivener's error, by the way, on a previous case, Case No. 20230007241. Sue pointed this out to me. It says fines have accrued at a rate of $200 per day from January 22nd, 2025, to February 5th, 2025, 15 days. Was that the right date that was on that, Sue, that you circled? March 27, 2025 Page 68 MS. BUCHILLON: No, no. CHAIRMAN KAUFMAN: Forget what I said. BOARD MEMBER CURLEY: Those were just my notes. BOARD MEMBER AYASUN: Delete. BOARD MEMBER BHATLA: Next case on the agenda. BOARD MEMBER CURLEY: No, there's no scrivener's error. CHAIRMAN KAUFMAN: Nothing. MS. BUCHILLON: We'll disregard that. ***Under hearings, No. 5, CESD20230003365, DHome Builders, Inc., and also No. 6, CENA20230003369, DHome Builders, Inc. Oh, there's somebody here. Oh, she just got here? MR. MARINOS: She just got here. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. SALAZAR: I do. THE COURT REPORTER: Your name? MS. SALAZAR: Ana Salazar. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: Which case is that, please? CHAIRMAN KAUFMAN: It's No. 5D5. BOARD MEMBER BHATLA: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Good morning. CHAIRMAN KAUFMAN: Good morning. March 27, 2025 Page 69 BOARD MEMBER RUBENSTEIN: Isn't 6 included with -- since it's the same folio number? CHAIRMAN KAUFMAN: Yeah. They were both called. We'll probably vote on them separately. BOARD MEMBER RUBENSTEIN: Okay. MR. MARINOS: Similar testimony, but slightly -- slightly separate, obviously. Different violations. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: All right. Good morning. For the record, Investigator Charles Marinos, Collier County Code Enforcement. This is in reference to Case No. CESD20230003365 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), an improved Estates-zoned property with demoed doublewide trailer home with plumbing and electrical utilities and previously with additions that had been in the back and front, deck stairs and ramp added to the front, and then a small shed in the front of the permanent structure on side. No permits on file, located at Folio 37591560006. Service was given on October 24th, 2023. This case originated as a complaint. On the 24th of January 2023, Senior Investigator Rick Migal met with the previous property owner. Ms. Cynthia Rosa, to investigate a complaint for multiple unpermitted structures on site related to previous Case No. CESD20230000619. The observed unpermitted structures included, at the time, the following: A doublewide trailer home with plumbing and electrical utilities with an addition added to March 27, 2025 Page 70 the back and a front deck stair/ramp added to the front, a small blue shed with electrical and plumbing utilities added, multiple chicken/animal coops, a shed roof built between a shipping container and an RV, a beige 10-by-20 tool shed -- tool/storage shed with electrical. I was assigned to this case on March 3rd, 2023. At that time, I issued an NOV, 17 March 2023. During the reinspection on 17 April 2023, it was discovered that the property had been purchased by a new owner, DHome Builders. Case CESD20230000619 was closed, and this case, CESD20230003365, was opened, and a new NOV was issued. The new owner quickly removed all of the offending structures with the exception of the doublewide trailer and its associated deck and rear addition. Since that time, DHome Builders has been responsive. During a later reinspection, it was discovered that the doublewide and also stated structures and utilities had been removed as well, and a small -- unfortunately, a small shed had been added to the front of the structure. At this point in time, that shed is now removed. All that remains is the demolition permits for the electrical utilities that had previously been installed. CHAIRMAN KAUFMAN: Okay. The next case is the same property, but they have litter. Has that been cleared up? MR. MARINOS: Yes, sir, for the most part. You'll see there's a couple little things there as well. But we're -- for both separate cases, we're looking at about 90 percent of the way done, if not 95 percent. March 27, 2025 Page 71 CHAIRMAN KAUFMAN: Okay. Yep. MR. MARINOS: All of which was done under DHome Builders and Ms. Ana Salazar. The previous owner had taken care of none of it. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: I would now like to present case evidence in the following exhibits: One building determination showing that permits are required, three pictures taken by Mr. Rick Migal on the 23rd of January 2023 showing initial conditions, and one photo taken by myself on the 26th of March 2025 showing some of the current conditions. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those photos being introduced? MS. SALAZAR: No. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. March 27, 2025 Page 72 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. MARINOS: All right. So this is the building determination talking originally about some of the structures that were no longer there, but it does say "permit required." Speaking to just the doublewide trailer , this is the doublewide trailer that was there along with -- you can see the deck up front. Some of the power utilities. CHAIRMAN KAUFMAN: It's gone? MR. MARINOS: This is all completely gone at this point in time. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: It had also been, by the previous owner, occupied. Those people are also long gone. The occupation is back under control on site as well. You can see some of the outlets and everything that were there. And at this point in time, this is the primary structure of -- that is permitted. This is a permitted -- legal permitted primary structure, and this is where the shed had been laying as well. Currently, that is pretty much the case -- condition of the whole property. CHAIRMAN KAUFMAN: Okay. So it looks like you're doing a great job at getting everything done. MS. SALAZAR: Yes. My English is not very well, but I make nervous because this is my first time in my life too many people in the court, you know. March 27, 2025 Page 73 But I try to clean up because when I bought this house, have everything. I make -- I pay to the company for cleanup, 10,500 for cleanup. You know, this is -- I no have idea what -- this is very hard process. When I take off the mobile home, I give donation, this home -- this mobile home, one company, and he take everything, but I have no idea how the electrical guy to give the permits or something like that, but the company take off the mobile home for donation, and they -- okay. I contract to the electrical guy, and whatever you do, I do. CHAIRMAN KAUFMAN: Let me ask a question. What's left to close this case? MR. MARINOS: Demolition permits to account for the electrical. CHAIRMAN KAUFMAN: That's it? MR. MARINOS: This appears to be the only thing remaining. CHAIRMAN KAUFMAN: Have you described that to the respondent? MR. MARINOS: Yes, ma'am -- or yes, sir. Sorry. I was looking at her. I apologize. CHAIRMAN KAUFMAN: I don't -- I take no offense. BOARD MEMBER FUENTES: Don't assume his gender. CHAIRMAN KAUFMAN: Yes. That's not my pronoun. Okay. So you understand what needs to be done? MS. SALAZAR: Uh-huh. CHAIRMAN KAUFMAN: How long do you think it will take? Demo permits are generally quick. MR. MARINOS: Generally quick. There's still a March 27, 2025 Page 74 45-day minimum review process for it. CHAIRMAN KAUFMAN: Okay. So if we gave you 90 days, you'd probably have everything done, and we wouldn't see you anymore? MS. SALAZAR: That's okay. Actually, I need fast because I have -- in the bank for new credit, you know, the new credit, this house. I forget the name in English, okay. CHAIRMAN KAUFMAN: It doesn't matter. MS. SALAZAR: Okay. And he said I need very quick on -- everything is clean in Collier County, you know. CHAIRMAN KAUFMAN: Okay. But for our purpose, what we'd like to do is give you enough time -- MS. SALAZAR: Okay. CHAIRMAN KAUFMAN: -- so that everything is done. BOARD MEMBER CURLEY: So DHomes, Inc., you're buying the house from them? MS. SALAZAR: Yes. BOARD MEMBER CURLEY: Yeah. So she's like a sub -- like, they bought the home, fixed it up, and they're selling it to her, so she's got a loan coming up to solidify it to her. CHAIRMAN KAUFMAN: She's explaining it to us. DHomes is actually the respondent. She is not? MR. MARINOS: DHome Builders is the respondent. She is one of the two primary owners; her and her son are the two primary owners. BOARD MEMBER CURLEY: Yeah, yeah. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So she probably has some banking coming. March 27, 2025 Page 75 MS. SALAZAR: Yes, for my name now. I change -- the homebuilder with this, my home. My son and I is the owner. We are -- we have, like, construction, working in construction, you know, interior framing and something like that. Now the house is only my names, and my other two kids, you know. CHAIRMAN KAUFMAN: Okay. Let's see if we can take care of this. Do you have a suggestion for us? MR. MARINOS: Yes, sir, I do. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupy for the unpermitted utilities within blank days of this hearing, or a fine of blank amount will be imposed until the violation is abated; and, Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And that's for case ending in 3365? March 27, 2025 Page 76 MR. MARINOS: That's CESD...3365, yes, sir. CHAIRMAN KAUFMAN: Okay. And the -- you have the same recommendation for case ending 3369? MR. MARINOS: Similar. Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you want to give us that as well or -- MR. MARINOS: Do you want to see the -- do you want to see the evidence on that one or just a recommendation? CHAIRMAN KAUFMAN: No, just the recommendation. MR. MARINOS: Yes, sir. MR. NOELL: And I know we're getting towards the end of the hearing time, but I would recommend if -- you have additional evidence that would be involved with the other case? MR. MARINOS: CNA does have separate photos that would be involved with that one, yes, sir. MR. NOELL: Okay. I would just recommend maybe we close this one out first with, first, a vote of finding a violation and then treating this case separately, since there's going to be additional evidence in the second one. CHAIRMAN KAUFMAN: Okay. So we need a -- we need a motion from the Board that a violation exists on the first case, which ends in 3365. BOARD MEMBER RUBENSTEIN: I make that motion. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER BHATLA: I make a second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? March 27, 2025 Page 77 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: Now can I give a motion to give her 90 days -- or 45-day extension? BOARD MEMBER ELROD: You have to fill in the blanks. CHAIRMAN KAUFMAN: We've just got to fill in the blanks. BOARD MEMBER AYASUN: Yeah, we didn't fill in the blanks. BOARD MEMBER FUENTES: We've got to fill in the blanks. CHAIRMAN KAUFMAN: Okay. Fill in the blanks. BOARD MEMBER CURLEY: Let's do, in No. 1, 60 days or a fine of $50 per day, and that's it. CHAIRMAN KAUFMAN: Okay. That's your motion? BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: It's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. March 27, 2025 Page 78 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: With operational costs? CHAIRMAN KAUFMAN: Operational costs 59.28. BOARD MEMBER CURLEY: Is that below that? Then I didn't see it. MS. BUCHILLON: It's right on the top. BOARD MEMBER CURLEY: Oh, I beg your pardon. Sorry. BOARD MEMBER FUENTES: It's highlighted. BOARD MEMBER CURLEY: It's part of the thing. CHAIRMAN KAUFMAN: It's 59.28, right? MR. MARINOS: Yes, sir. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. So that disposes of the first case. Second case, I don't think it's necessary to show the photos. Why don't you give us your recommendation and we go from there. MR. MARINOS: Yes, sir. Recommendation -- MR. LETOURNEAU: Well, I think the photos show a good pattern of compliance here, though. You might want to just show a couple of them. MR. MARINOS: Sure. I could just go through -- MR. LETOURNEAU: Because it's very minimal at the end here. March 27, 2025 Page 79 CHAIRMAN KAUFMAN: Okay. Let me ask, have you seen those photos? MS. SALAZAR: Yes. I see. CHAIRMAN KAUFMAN: No problem. MS. SALAZAR: No, no problem. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. BOARD MEMBER ELROD: Motion to accept the photos. BOARD MEMBER RUBENSTEIN: Make the motion to accept the photos. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: Okay. What I'll do is I'll show a couple of the photos from the initial inspection and then the current inspection, if that's okay. CHAIRMAN KAUFMAN: Sure. MR. MARINOS: All right. So these are a couple of the -- the initial inspection photos. This was the property before Ms. -- well, DHome Builders purchased it. Quite a few -- quite an accumulation. March 27, 2025 Page 80 And then I'll go ahead and skip forward to the most recent ones. This is the only remaining. It's one small pile here of usable material, prohibited outdoor storage. It's not necessarily supposed to be there. And then a pile of good roofing material. It just can't be stored outside. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Needs a dumpster. CHAIRMAN KAUFMAN: And you've explained what needs to be done on this one -- MR. MARINOS: Yes, sir. I pointed out these photos directly and explained it to her. CHAIRMAN KAUFMAN: Okay. And you have a suggestion on this one? First of all, let me start, I need a motion from the Board that a violation exists. BOARD MEMBER FUENTES: Motion a violation exists. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. March 27, 2025 Page 81 Okay. Now we move on. Yes? MR. LETOURNEAU: Could we keep it at the 60 days that the other one's at just to make it easy on staff? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER CURLEY: I was just going to do that. MR. LETOURNEAU: Thank you. BOARD MEMBER CURLEY: As long as that's enough for -- MS. SALAZAR: It's okay. BOARD MEMBER CURLEY: All right. Do you mind? I'll fill it in; 60 days, $50. BOARD MEMBER FUENTES: Operational costs. MS. BUCHILLON: Operational costs are included in the recommendation at 59.28. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. Thank you for cleaning up -- MS. SALAZAR: Thank you. CHAIRMAN KAUFMAN: -- and doing it so quickly. March 27, 2025 Page 82 MS. SALAZAR: Bye. Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Are we done? MS. BUCHILLON: Yes, we are. BOARD MEMBER CURLEY: Don't put a shed up without a permit. CHAIRMAN KAUFMAN: Terri, what time did I tell you we'd be done? THE COURT REPORTER: 11:00. MS. BUCHILLON: Are we adjourned? CHAIRMAN KAUFMAN: We are adjourned. ******* March 27, 2025 Page 83 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:51 a.m. CODE ENFORCEMENT BOARD ___________________________________ ROBERT KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.