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CEB Minutes 04/24/2025April 24, 2025 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, April 24, 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 Vice Chair: John Fuentes (Excused) Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Sue Curley (Excused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board April 24, 2025 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: That respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need the 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. You better remember all that because I'm going to ask questions later. All stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Start with the roll call. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: And, Mr. Bart Bhatla? April 24, 2025 Page 3 BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And Ms. Sue Curley is excused. Also, Mr. John Fuentes is excused. CHAIRMAN KAUFMAN: Okay. I'm looking for a motion to approve the minutes. BOARD MEMBER ELROD: I'll make a motion to approve. 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.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to my favorite part, the agenda. MS. BUCHILLON: The agenda. CHAIRMAN KAUFMAN: Do we have any changes? MS. BUCHILLON: Yes, we do. We have three stipulations. First stipulation would be No. 1, CESD20240001289, Salvador Gaspar Rodas and Felicia Rodas. Number 3, CESD20240002785, Jose L. Spinatto and Helena B. Spinatto. Number 4, CESD20250000451, Maikel Gonzalez and Alberto Gonzalez. Now we have some withdrawns. Under public hearings, D, hearings, No. 5, CESD20240003513, Jose Da Silva and Wendy Da Silva, has been withdrawn. And those are all the changes for now. April 24, 2025 Page 4 BOARD MEMBER ELROD: I'll make a motion to accept the changes. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You want to start with the stips? MS. BUCHILLON: We can do the extension of time, and then we have an attorney here. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And then we'll do the stips. CHAIRMAN KAUFMAN: Do you want to do the extension of time first? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. As Chuck comes up. MS. BUCHILLON: Under public hearings, motions, motion for extension of compliance deadline, No. 1, CESD20240002270, Yenny Rodriguez Pino and Rockny Garcia Rodriguez. 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. GARCIA: I do. CHAIRMAN KAUFMAN: Okay. Chuck, do you want to start April 24, 2025 Page 5 with this, or should we go to the respondent? MR. MARINOS: It's his request, so if you want to start with him. CHAIRMAN KAUFMAN: Okay. You're requesting -- MR. GARCIA: Yes. CHAIRMAN KAUFMAN: -- more time? MR. GARCIA: An extension for -- get a permit approval for demolition. CHAIRMAN KAUFMAN: Okay. MR. GARCIA: Because I was thinking I have a door without permit, so I make up a permit for -- keep the door, but they required too much stuff, so I decide to get a demolition. I just -- it's under review right now, the permit. I just waiting the approval to get the inspection. I'll get it done. CHAIRMAN KAUFMAN: Okay. And do you think it will be done in a week? A two weeks? A month? MR. GARCIA: The permit has been under review about 15 days already. I was thinking by the end of next month we'll get it done. THE COURT REPORTER: And your name? MR. GARCIA: Rockny Garcia. CHAIRMAN KAUFMAN: Chuck, do you have anything? MR. MARINOS: No, sir. Just as he stated, he had a litany of things to take care of. The last thing on that list would be a door that was added to the previously unpermitted garage conversion. That door, he originally was trying to get a permit for it. The permit was rejected a couple times. It turned out to be too much work for him. He now has a demolition permit. It's under review. It was applied for on April 16th. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? I suggest two months because I know things get April 24, 2025 Page 6 stuck. BOARD MEMBER BHATLA: Ninety days would be better, I think. CHAIRMAN KAUFMAN: I think two months is fine. BOARD MEMBER BHATLA: Is it? CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER BHATLA: Sixty days, okay. CHAIRMAN KAUFMAN: Is that your motion? BOARD MEMBER ELROD: I'll make a motion to grant a 60-day extension. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have two months. MR. GARCIA: Okay. CHAIRMAN KAUFMAN: So they should be done this month, and we'll give you an extra month just to make sure. MR. GARCIA: All right. CHAIRMAN KAUFMAN: Okay. Good. MR. GARCIA: All right. Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next up, we're going to go to old business under motion for imposition of fines and liens. Number 1, April 24, 2025 Page 7 CESD20210004109, Viage Marinas, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. GUTTUM: I do. MR. FRUTH: I do. CHAIRMAN KAUFMAN: Good morning. MS. GUTTUM: Good morning. How are you today? CHAIRMAN KAUFMAN: I'm fine. I think you're new. MS. GUTTUM: I am very new, yes. CHAIRMAN KAUFMAN: You are? Okay. Well, welcome to Code Enforcement. MS. GUTTUM: Thank you. I appreciate that. Okay. CHAIRMAN KAUFMAN: Is there anybody on this side of the house this morning? MR. YOVANOVICH: We're going to use this speaker because we have a PowerPoint. CHAIRMAN KAUFMAN: Because you have what? MR. YOVANOVICH: We have a PowerPoint, so we're going to be over here. MS. GUTTUM: They loaded some stuff on the computer, so they want to use this monitor. CHAIRMAN KAUFMAN: Okay. MS. GUTTUM: For the record, my name is Stephanie Guttum. I'm with Collier County Code Enforcement, investigator. Past orders: On February 24th, 2022, the Code Enforcement Board issued a finding of fact conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6102, Page 1043, for more information. The violation has been abated as of November 1st, 2024. Fines April 24, 2025 Page 8 and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from June 25th, 2022, to November 1st, 2024, 861 days, for a total fine of $172,200. Previous assessment -- previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing, $59.35. Total amount: $172,259.35. This is not a health-and-safety violation. Any actions taken by the violator to correct: They completed required permits. Any previous violations committed by the respondent: There was one land-use case, CELU20220004146. That case was closed November 29th of 2022. There are no other relevant factors. CHAIRMAN KAUFMAN: Call the respondent. MR. FRUTH: Thank you. For the record, Josh Fruth with Civilgear. We're the site civil engineering firm that's been working with -- CHAIRMAN KAUFMAN: Have you been sworn? MR. FRUTH: Yes. CHAIRMAN KAUFMAN: Okay. MR. FRUTH: -- working with Viage Marina for the past few years since the code case was filed. With us today is Attorney Rich Yovanovich and the client with Viage Marina. As Ms. Guttum noted, the complaint was filed in 2021, which upon time, the client hired a permitting consulting firm and then my firm with the site civil engineering. And we're going to walk you through, and I think staff will support that my client has been proactive on everything. The timeline is a factor to this case because of what's transpired since the request for the original complaint, which was a building permit for the boat racks that were being installed. April 24, 2025 Page 9 At the time, John Johnson, who's since retired, was assigned to the case. Their boat racks -- there were five boat racks that were being installed. The client thought -- stacked racks, which were four stories high, were being replaced because of structural integrity with two-story racks, which were brought into more of Florida Building Code compliance structurally, which started the case, as I mentioned, in 2021. At the time they went in for building permit, the Building Department noted that instead of one permit, they would need five permits. So the client went back, brought that into compliance, and applied for five permits, at which time the case came back to you guys, which we'll go through that timeline here in a second. Right now I'm showing you what's transpired since then. Not only were the five building permits applied for and approved, we had to go through a zoning action which was a site plan with deviations for redevelopment, which goes to the Hearing Examiner with Collier County Growth Management. And after that was completed, we also had to do a Site Development Plan to identify those deviation to assist. There's a zoning overlay on the property which triggered those elements, and also a fence permit. As I mentioned, the timeline is key to this. On February 24th, 2022, you guys held a hearing which established -- which got them just presented to you. The owners were present as well as AUC Consulting, which was the permitting firm that Viage Marinas originally hired before we came on board to do the site civil permitting. And as we walk through these minutes of that 2022 Code Enforcement Board hearing, Mr. Johnson notes that, you know, without hearing the entire case he can tell you that Viage Marinas has done everything, and that's why I said I think staff will support us on what I'm presenting today. April 24, 2025 Page 10 The initial permits were applied for. And as we went through the boat racks, as I said, staff then recommended -- county staff recommended that you had to go through this process, so that's where we came on board. Mr. Fuentes at the time, in 2022, noted that he thinks John Johnson saying they've done everything they can, there seems to be an effort in compliance, so he means that is great. Your board voted to unanimously move forward with the extension and the stipulations of the penalties that Ms. Guttum noted. As I mentioned, the timeline of this is key. You guys just mentioned that on the other extension. Instead of giving a month, you gave two months for a reason. In this case, being that we had to go back for a Hearing Examiner case because of zoning -- we started in April of 2021 with the complaint, and on this screen it takes you through your February 2022 code enforcement hearing. In that time frame, the county reviewer made a decision to, again, apply for five permits. That was completed by my client. Growth Management also made the recommendation that we had to go through the development of the DR application for the Hearing Examiner because of the zoning overlay, and that is when we came onboard to assist with all the permitting related to that. In March of 2022 through June of '22, we had several meetings with the CRA. My client has been working with -- going back to Ms. Forester's time -- the CRA to lay out the site, assist with the re-beautification project that's coming on Bayshore with the MSTU. And that was key because of the boat racks and the fencing placement, landscaping, all part of the Hearing Examiner's deviations -- deviation approvals. And those presentations went through '23. The Hearing Examiner was completed in April of '23 and approved in May of 2023. The -- after the Hearing Examiner case was completed, April 24, 2025 Page 11 Growth Management staff requested that we complete a Site Development Plan insubstantial change to solidify the deviations that were stipulated by the Hearing Examiner on a plan for construction. That work was completed and started in -- and approved by Growth Management in July of 2023. The building permits were then released. The five permits that were started in 2022 -- in 2021, sorry, were then officially released and approved in September of 2023. So it took over two years to get to that point because of all the background information that had to be completed and approved first. From October of 2023 through March of 2024, the site construction and the boat racks were completed. In April of 2024, the client applied for the fence permits that were necessary as stipulations from the Hearing Examiner, and those fences were changed from chain-link fence to white vinyl opaque fencing with enhanced landscaping to help visually with the overall appearance from the exterior of the property. In October of 2024, three of the boat racks were finaled with Growth Management. They got their CO. And then, finally, as Ms. Guttum noted, in November of 2024, the final two boat racks were finaled, which ultimately closed the case which started because of the boat rack permits. December of '24, the fence permit was also finaled and, officially, the code case, CESD20210004109, was closed on March 5th of 2025. Presently, my client is working on finishing up the landscaping. They're working with the CRA because, as I mentioned, the MSTU and the re-beautification project is finally kicking off, and part of that is the -- where we placed the fence to assist with widening of the pathways on Bayshore. So that is where we are today. This slide just shows that, through the process, the Code Enforcement Board's completion of the project -- completion of the April 24, 2025 Page 12 case, sorry. We have backup as it relates to everything that I mentioned. As I mentioned, I think that staff will support that we've done everything we can. The timeline is key to where we started to where we are today because of the process, which is set forth by Growth Management division, but we'll open it up to any questions. CHAIRMAN KAUFMAN: Okay. Anybody have any questions? BOARD MEMBER BHATLA: What is the -- MS. BUCHILLON: You can go to that microphone. MR. YOVANOVICH: I'm used to being on that podium, but I'll go over here. I guess what I wanted to clarify for our record is, as you-all are aware, I do land-use work. Everything's complicated in Collier County with getting through the land-use process. As you can see, what was supposed to be a simple building-permit case turned into a very extensive land-use case. And I think this is an appropriate case where we've kept staff fully informed. They knew exactly what we did. We got it done as soon as we possibly could do. And so our request is that there be no fine. We'll pay the administrative fees, but because we behaved well, we diligently pursued getting into compliance, we are in compliance -- and this was not a health, safety, and welfare case. That's our request is to pay administrative fines. CHAIRMAN KAUFMAN: Okay. I'd like to know what the county's opinion is. MR. LETOURNEAU: The county's opinion is that they -- over the length of this case, they worked diligently to get this thing taken care of. Mr. Johnson had this case for the bulk of its lifetime, and he April 24, 2025 Page 13 apprised me of it continuously. I believe that at the end, the fence was the sticking point, right? Yeah. So they had to get that fence in order to get everything completed. MR. YOVANOVICH: And ironically, if I may, the CRA doesn't want us to finish the landscaping work because -- they've told us to stop because they want to do the landscaping work now. So throw in another -- another complication to his whole process. MR. LETOURNEAU: Yeah. I don't think they dragged their feet at any point. They were at the, you know, whim of building stuff and county approvals. CHAIRMAN KAUFMAN: Okay. So the county is recommending what? MR. LETOURNEAU: It's ultimately -- we're here to impose the fines. It's ultimately up to the Board to listen to everybody's testimony and make -- and make that decision. I'm not going to -- CHAIRMAN KAUFMAN: Including the county? MR. LETOURNEAU: Yes. Including the county, yeah. CHAIRMAN KAUFMAN: Okay. Any questions? Lee? BOARD MEMBER RUBENSTEIN: It just seems like it took forever, like you said, for a simple case. But the violation did exist for four years. Not quite; 38 months. MR. YOVANOVICH: But you can only do what you can do. The county's the one who kept saying, do -- the next step was -- "The building permit's not good enough. You now have to do this. You now have to do this." We went as quickly as we could do -- we could go. BOARD MEMBER ELROD: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'd like to deny the county the imposition of fines except for the cost of today's hearing. CHAIRMAN KAUFMAN: 59.35. April 24, 2025 Page 14 BOARD MEMBER ELROD: Yes, sir. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. BOARD MEMBER ELROD: Thank you, sir. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MR. YOVANOVICH: Thank you. MR. FRUTH: Thanks. MS. BUCHILLON: I do have a change to the agenda. I do need to add a stipulation. It will be No. 2, CESD20230001084, Erick Padilla. CHAIRMAN KAUFMAN: Okay. I need a motion from the Board to modify the agenda. BOARD MEMBER ELROD: I'll make a motion to modify the agenda. BOARD MEMBER AYASUN: Second. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. April 24, 2025 Page 15 CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we have four stips to hear. MS. BUCHILLON: Yes, sir, which we're going to start now. CHAIRMAN KAUFMAN: We're going to start with No. 1. MS. BUCHILLON: All right. First stipulation, No. 1, CESD20240001289, Salvador Gaspar Rodas and Felecia Rodas. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. GASPAR: I do. MS. RODAS: The truth. CHAIRMAN KAUFMAN: Before we begin, could you state your name on the microphone for us, please. MR. GASPAR: My name is Salvador Gaspar, and with me is my mother. MS. RODAS: Felicia Rodas. CHAIRMAN KAUFMAN: Okay. You look like his sister, not his mother. Okay. Brian, do you want to read the stipulation into the record for us, please. MR. OWEN: Yes, sir. For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier April 24, 2025 Page 16 County building permits or demolition permits, inspections, and certificate of completion or occupancy for the door replacement within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Salvador. MR. GASPAR: Yes, sir. CHAIRMAN KAUFMAN: You agreed to this stipulation? MR. GASPAR: Yes. CHAIRMAN KAUFMAN: Does that give you enough time to get everything done? MR. GASPAR: Yes, I believe so. I may have some questions. This is my first time here, so I just wanted to understand, that $59.28, is that something I pay, like, through the website? CHAIRMAN KAUFMAN: No. I was going to say, you -- Horseshoe Drive. MR. OWEN: We'll talk about it after. CHAIRMAN KAUFMAN: He'll give you directions out in the hall. MR. GASPAR: Yeah, I agree to everything. CHAIRMAN KAUFMAN: Okay. And no problem with the timing on it? MR. GASPAR: Sixty days should be enough for me, yes. CHAIRMAN KAUFMAN: Okay. If it's not, come back. April 24, 2025 Page 17 MR. GASPAR: Okay. CHAIRMAN KAUFMAN: Okay. MR. OWEN: It's a simple door. It's one inspection; one and done. CHAIRMAN KAUFMAN: Gotcha. Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: (No verbal response.) BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MR. GASPAR: Thank you. MS. BUCHILLON: Next stipulation, No. 2 CESD20230001084, Erick Padilla. MR. HOLMES: Let me see if they're out in the hall. They were here. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: What is the number again? CHAIRMAN KAUFMAN: No. 2. MS. BUCHILLON: It's the new one she just gave you. BOARD MEMBER BHATLA: Okay. MR. HOLMES: So I did meet with them this morning. They appeared to have gone for coffee maybe. I'm not sure. They didn't April 24, 2025 Page 18 let me know that they were leaving, but -- and I had asked them to stay. CHAIRMAN KAUFMAN: Why don't you read the stipulation into the record for us, and then we'll go from there, Bradley. MR. HOLMES: Sounds good. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the storage building within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present; was here this morning; had to leave for whatever reason. They agreed to this? April 24, 2025 Page 19 MR. HOLMES: Yes, yes. CHAIRMAN KAUFMAN: No problem with the dates on it as far as you're -- no? MR. HOLMES: No. We had discussion over -- the case is old. At this juncture, 120 days seemed appropriate to provide some motivation to get things moving. He's struggled with -- DEP is his biggest hurdle right now. I believe the building may have been constructed within wetlands, and so they're giving him a lot of pushback. He had -- he claimed this morning to me that he had to apply for a loan to pay for, I guess, credits from DEP for the wetlands that were damaged, and he's trying to just move through that so then he could get back into his permit. The permit's right -- is abandoned at the moment just because he couldn't do anything with it until DEP gave him approval. CHAIRMAN KAUFMAN: So he's aware that if he can't do it in 60 days, he can come back? MR. HOLMES: Yes. Yeah, I told him, at the 90-day mark if we're not meeting the goal line, drop a line to the investigator and let us know. We'll get him scheduled. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. April 24, 2025 Page 20 Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Bradley. MR. HOLMES: Thank you. MS. BUCHILLON: Next stipulation, No. 3, CESD20240002785, Jose L. Spinatto and Helena B. Spinatto. CHAIRMAN KAUFMAN: Good morning. MR. COOPER: Good morning. How are you? CHAIRMAN KAUFMAN: Okay. Do you expect the respondent? MR. COOPER: No, sir. They're out of the country. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. 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. CHAIRMAN KAUFMAN: Before you go on, do we need to specify that Helen tell you the notification since the respondent is not present, or this should be enough? MR. NOELL: Just for belt and suspenders, it's probably best for her just to do that. That's a good point. CHAIRMAN KAUFMAN: Okay. Helen, notification. MS. BUCHILLON: Sure. For the record, respondents were notified regular and certified mail April 7, 2025, and it was also posted at the property and courthouse April 8th, 2025. CHAIRMAN KAUFMAN: Okay. If you would read the stipulation into the record for us. MR. COOPER: For the record, Craig Cooper, Collier County Code Enforcement. April 24, 2025 Page 21 Therefore, it is agreed between the parties that the respondents shall: One, pay operational costs in the amount of $59.35 incurred in the prosecution of the case within 30 days of this hearing; Two, obtain all required Collier County building permits or demolition permit, inspections, certificate of completion/occupancy for all unpermitted storage containers, structures, outdoor kitchen, sheds, electrical, and plumbing utilities within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, cease and desist the use of the unpermitted structures as dwelling units and disconnect all unpermitted utilities until a valid permit, inspections, and certificate of completion/occupancy has been issued within three days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Four, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Five, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the agreement, and all costs of abatement shall assess to the property owner. CHAIRMAN KAUFMAN: Okay. Where was this property located? MR. COOPER: This is in Golden Gate Estates out by the Sanctuary, Sanctuary Road. CHAIRMAN KAUFMAN: Okay. And they just had these -- they own the property? MR. COOPER: They do. CHAIRMAN KAUFMAN: Okay. This is a poor man's way of April 24, 2025 Page 22 building residential lots, I guess. MR. COOPER: Yes. It's a 5-acre parcel. CHAIRMAN KAUFMAN: Okay. Have they vacated the -- the people who are living there, have they left? MR. COOPER: He said that they were going to, but I'm going to check back within three days to make sure that they have. CHAIRMAN KAUFMAN: Okay. That's in -- that's No. 3 on the -- MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Okay. Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. I have one question on "the structures need to be removed from the property completely." MR. COOPER: Well, if they can't have them permitted to be living structures, then yes. CHAIRMAN KAUFMAN: Okay. And the likelihood of that is between zero and zero? MR. COOPER: I mean, they could probably apply for just container permits for storage, but they've already been converted. CHAIRMAN KAUFMAN: Okay. All right. Three days is one of the keys. You have access to the property in three days? MR. COOPER: I have access to the complainant's property, which is directly connected where I took my first picture. So I'll be able to see if there's electricity or any utilities on, and I could -- the property owner has been very cooperative, so I could also reach out to him if I have any questions. April 24, 2025 Page 23 CHAIRMAN KAUFMAN: Okay, great. Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much, Craig. MR. COOPER: Thank you. CHAIRMAN KAUFMAN: Then our last stip. MS. BUCHILLON: Our last stip, No. 4, CESD20250000451, Maikel Gonzalez and Alberto Gonzalez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COHEN: I do. MR. GONZALEZ: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. Your name? MR. GONZALEZ: Oh, Maikel Gonzalez. CHAIRMAN KAUFMAN: Okay, Maikel. Okay, Wade. MR. COHEN: Yes, sir. For the record, Wade Cohen, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; April 24, 2025 Page 24 Two, cease and desist the use of the unpermitted garage conversion and shut off/disconnect all unpermitted utilities until a valid permit, inspections, and certificate of completion or occupancy have been obtained within seven days of this hearing, or a fine of $250 per day will be imposed until stated actions are taken; Number 3, obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion/occupancy for the converted garage within 90 days of this hearing, or a fine of $250 a day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may use the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, this is what you've agreed to. Is -- are you still using the converted garage for living space right now? MR. GONZALEZ: Yeah. CHAIRMAN KAUFMAN: And you understand that you have to stop that -- MR. GONZALEZ: Yeah. CHAIRMAN KAUFMAN: -- within seven days, which includes turning off the electrical, et cetera, on that portion of your property? MR. GONZALEZ: Yes. CHAIRMAN KAUFMAN: No problem? MR. GONZALEZ: No problem. April 24, 2025 Page 25 CHAIRMAN KAUFMAN: Okay. And the code enforcement officer has access to check on that within seven days? MR. GONZALEZ: Okay. CHAIRMAN KAUFMAN: Okay. MR. GONZALEZ: Okay. CHAIRMAN KAUFMAN: Yes, Lee. BOARD MEMBER RUBENSTEIN: Do you have a rental in that? MR. GONZALEZ: Now? BOARD MEMBER RUBENSTEIN: Yeah, is there a renter in there? MR. GONZALEZ: No. BOARD MEMBER RUBENSTEIN: Was there a renter in there? MR. GONZALEZ: No. It's my house. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Ninety days? CHAIRMAN KAUFMAN: Seven -- BOARD MEMBER AYASUN: Seven days. CHAIRMAN KAUFMAN: Seven days to turn everything off. BOARD MEMBER ELROD: For part of it, yeah. CHAIRMAN KAUFMAN: And then I assume -- MR. COHEN: The permit has been applied for. CHAIRMAN KAUFMAN: Okay. MR. COHEN: And it's been under review since the 2nd of this month. BOARD MEMBER ELROD: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: That's better. All right I'll -- CHAIRMAN KAUFMAN: You'll make a motion. April 24, 2025 Page 26 BOARD MEMBER ELROD: To accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER BHATLA: Second. BOARD MEMBER RUBENSTEIN: I'll 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.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. If you can't get it done, that includes the CO on that area, come back to the Board, and we'll talk about that at that time. MR. GONZALEZ: Okay. CHAIRMAN KAUFMAN: Okay. Thank you, Wade. MR. COHEN: Yes. CHAIRMAN KAUFMAN: Welcome. We have new faces every day. I still use my same one, till they get tired of it. BOARD MEMBER AYASUN: We are stuck with these. CHAIRMAN KAUFMAN: Yeah. Well... Okay. Well, stipulations are done, which brings us to... MS. BUCHILLON: Actually, to imposition of fines, because all the stipulations were just regular hearings. Under motion for imposition of fines and liens, No. 4, CESD20230001825, Marta Alonzo, Salvador Huex Alonzo, and Edna E. Castano. THE COURT REPORTER: Do you swear or affirm the April 24, 2025 Page 27 testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. GUTTUM: I do. MR. ALONZO: I do. MS. ALONZO: I do. CHAIRMAN KAUFMAN: Okay. Can you give us your name on the microphone, please. MR. ALONZO: Yes, sir. My name is Salvador H-u-e-x Alonzo, and she's my mom, Marta Alonzo. CHAIRMAN KAUFMAN: Okay. And now you're a seasoned veteran. MS. GUTTUM: Okay. We'll go with that. For the record, my name is Stephanie Guttum, Collier County Code Enforcement. Past orders: On June 22nd, 2023, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR6271, Page 3866, for more information. On July 25th, 2024, the Code Enforcement Board granted an extension of time. The violation has not been abated as of April 24th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $25 per day for the period from October 24th, 2024, to April 24th, 2025, 183 days, for a total fine amount of $4,575. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearings, $59.49. Total amount is $4,634.49. CHAIRMAN KAUFMAN: Okay. MR. ALONZO: We just want to say we try. We here before, and I explain my case. If you want, I can explain -- I can explain April 24, 2025 Page 28 again. We -- when we start this case, we was in the middle of the one, you know -- one suit. You know, the owner from the property want remove us, you know, from the lot, so -- and, you know, we bring it to the Court. We hire a lawyer, and we win the case. And take time to us to, you know, get through all this. And the first time when I get here, you guys give me some time because you guys understand me; it's nothing we can do because it's like I'm in the middle of something. When the county see the issues, and they bring it to here -- you know, the Court bring the case to here. So I explained my case. And after -- after we finish -- I think we finish the case with the community last year, it was in -- it was in favor for -- you know, was favor for us. You know, we win the case. And then we come in again, and you guys -- Mr. Jones saying for the next time, it should be -- I mean, you should have somebody, you know, maybe a, you know, licensed contractor and engineer to fix the issues. We already do that. We have all the proof we already do that. Now we only waiting for, you know, the property manager sign, to -- you know, to submit the permit. That way we can submit the permit to the county. We already take, you know, the permit to the county, and -- but now we only need to her sign -- you know, her sign, and we can go through to fix all the issues. CHAIRMAN KAUFMAN: Okay. Let me explain. Since this is not in compliance -- MR. ALONZO: Uh-huh. CHAIRMAN KAUFMAN: -- we as a Board have only two options. We can impose the fine and they continue to add up because it's not been CO'ed, okay, or if there was a request for additional time, we would consider that. April 24, 2025 Page 29 MR. ALONZO: Yeah. My request is additional time to give, you know, the time to the manager to see our -- you know, our plans, because I have the plans with me, and we already send it to her, too. So she got to see the plans, and she got to decide if she allow to us to do it that way. We already submit the permit to the county, too, and the county know what we plan to do and how we're going to correct the issues. CHAIRMAN KAUFMAN: Unfortunately, the problem is yours -- MR. ALONZO: Yeah. CHAIRMAN KAUFMAN: -- not the people who are -- you're trying to get approve it. MR. ALONZO: Yeah. CHAIRMAN KAUFMAN: So that's -- our position here is, is it still in violation? So if that person wants to grant you the ability to do it, that's up to you and that person. The Board has nothing to do with that. MR. ALONZO: I understand. CHAIRMAN KAUFMAN: Okay. You have a question. BOARD MEMBER RUBENSTEIN: Jeff, based on what they want to do to this property, will these permits be approved? MR. LETOURNEAU: Well, I'm looking -- for the record, Jeff Letourneau, Collier County Code Enforcement. I'm looking at the correction letter right now, and it's two corrections. One is they need to supply the roofing material. That one seems pretty easy. But the second one looks like it's a FEMA issue. And their options on the -- and they have to prove that -- there's a 50 percent rule when they rebuild something. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: They either have to have an affidavit for that, or they have to have a survey done showing that they're at least a April 24, 2025 Page 30 foot above the flood zone. So I'm not sure where they're at in that -- in that whole issue, but that could be a severe roadblock. CHAIRMAN KAUFMAN: Okay. And the -- those things have to be worked out with the respondent. Is the -- what is this, a trailer park? MR. ALONZO: Yeah. MR. LETOURNEAU: And I hate to drop a name here, but the person that submitted the permit was Octavio, correct? MR. ALONZO: Uh-huh. MR. LETOURNEAU: So they're in a bad situation right now, I think, as far as the permit goes. It's going to -- if you do grant them more time, it's going to take them quite a bit of time. BOARD MEMBER RUBENSTEIN: Do we know if this property is at flood or below? MR. LETOURNEAU: We won't know that until a survey is done. CHAIRMAN KAUFMAN: Right. They have to get an elevation certificate. MR. LETOURNEAU: Elevation certificate, excuse me, yeah. CHAIRMAN KAUFMAN: Okay. I'm amenable to grant additional time. Are you still using Octavio as your permit person? MR. ALONZO: Yeah. MR. LETOURNEAU: I want to say this letter was dated December 2nd, 2024. So there's been quite a bit of gap in when this letter was sent out and nothing done at this point. CHAIRMAN KAUFMAN: Right. MR. ALONZO: We already pay for the flooding -- I mean, we already paid to Octavia to do that, so -- to do the flooding zone and that -- the FEMA, what he mentioned. He say to go -- to go through -- I mean, to go -- to continue, he need to -- the property manager sign, that way we can continue. Because without that, I April 24, 2025 Page 31 mean, supposedly we don't allowed to do anything. MR. LETOURNEAU: Until that elevation certificate shows that you're a foot above floodplain, the permit won't be issued, unless you can also prove other -- other than the certificate, you have to prove that you're not fixing more than 50 percent of the actual original value of the structure. MR. ALONZO: Yeah, yeah. MR. LETOURNEAU: If it is, then, you know, you won't be able to get the permit. MR. ALONZO: Yeah. They mention to me, and we trying to correct with them about that. MR. LETOURNEAU: Okay. MR. ALONZO: So -- but like I say, supposedly they say we can -- we can get the permit without, you know, the manager's sign. So one of the -- that was one of the things, too, because we don't own, the -- we don't own the land. They own the land. So we need their sign to continue. CHAIRMAN KAUFMAN: You know, I wonder if the property owner should be here instead of these folks. MR. LETOURNEAU: Well, unfortunately, the state statute makes us go after the mobile home owner. We really can't bring -- compel the property owner to come here. CHAIRMAN KAUFMAN: Okay. But any fines will be -- MR. LETOURNEAU: The fines will probably -- this is an usual circumstance. I think the fines will probably be assessed against the actual vehicle of the mobile home because there's no property to lien. CHAIRMAN KAUFMAN: Right. Well, let me ask you -- Octavio has been in the news recently. MR. ALONZO: Oh, no. I don't know that. CHAIRMAN KAUFMAN: Okay. There was some problems with permits. I don't know if you're involved -- your property is one April 24, 2025 Page 32 of the properties that's involved in that, and I don't know if you would even know, Jeff. MR. LETOURNEAU: No, I have no -- I doubt it. I doubt this property is involved in that whole scandal, but yeah, he's involved in something. CHAIRMAN KAUFMAN: Okay. Are they telling you or giving you an idea of how long all this will take until it's resolved? MR. ALONZO: Well, they say supposedly, you know, as soon as -- as soon as the property manager sign, supposedly it's going to move quick because we already submit the permit, and they say -- I mean, they don't give me any time, but they say after -- after she sign, I mean, we can -- supposedly it's going to move fast. CHAIRMAN KAUFMAN: Have you spoken with the property manager and asked her when she's going to sign? MR. ALONZO: I trying to contact her. But I call her a few days ago, and I called -- you know, I trying to reach her, but sometimes she don't answer the phone. And I mail to her, and she don't respond. Well, she respond me a few times, but my last email, she request all what we doing, and I sent it to her, so -- but she don't respond me about it. So she don't say yes; she don't say no. So I don't get the answer yet. CHAIRMAN KAUFMAN: Does she have an office on the property? MR. ALONZO: No, she got the office in Miami, and she don't come here usually. I mean, she get a -- money -- I don't know what did she, but she got something on the property. But I ask her the other day, because I spoke -- I spoke with her before, and I ask her if I can talk with -- you know, with the manager and property, and she say no because she only having her to just to clean the property. That's all she do, supposedly. MS. GUTTUM: Can I interrupt? April 24, 2025 Page 33 CHAIRMAN KAUFMAN: Sure. MS. GUTTUM: I did speak with the park manager on Monday, and she confirmed that she did get an email from him with the plans. She just didn't review them yet. CHAIRMAN KAUFMAN: So you have been able to contact that person? MS. GUTTUM: Correct, yes. CHAIRMAN KAUFMAN: And they are located in Miami? MS. GUTTUM: Correct. CHAIRMAN KAUFMAN: Have you given that information to the re -- MS. GUTTUM: Yes. CHAIRMAN KAUFMAN: Okay. MR. ALONZO: Yes, she told me about it. CHAIRMAN KAUFMAN: Okay. So let me just back step. I'm a little confused. What was the original violation? I see it says modifications that were made to the mobile home not limited to enclosing shell. Is this brain surgery on this, or is this just cleaning it up? Because what Jeff is saying, it sounds like they're completely redoing the whole unit. MS. GUTTUM: There were a lot of additional walls put in, it looks like, from the outside, like a big shell put out on the outside of it. BOARD MEMBER ELROD: It looks like they covered the mobile home with a structure. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yeah. This was definitely a major renovation that is definitely subject to the FEMA rule. I just got a document from Cristina, and that engineer that's involved with Octavio, that is involved with this project also. So, yeah. It's unfortunate. April 24, 2025 Page 34 CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So there's all sorts of stuff going on here. CHAIRMAN KAUFMAN: Okay. Are you living in the unit now? MR. ALONZO: No, I don't live in there. My mom is there, but I don't live in there. CHAIRMAN KAUFMAN: Does your mom live there? MR. ALONZO: Yeah, my mom is there now. BOARD MEMBER RUBENSTEIN: I have a question for Jeff. CHAIRMAN KAUFMAN: Shoot. BOARD MEMBER RUBENSTEIN: Jeff? Jeff? MR. LETOURNEAU: Yes, sir. BOARD MEMBER RUBENSTEIN: If they remove this modular cover, would that bring it back into compliance? MR. LETOURNEAU: I don't know. BOARD MEMBER RUBENSTEIN: Seeing that you said that there's some -- MR. LETOURNEAU: I don't know if there's any -- BOARD MEMBER RUBENSTEIN: -- obstacles going forward with a permit even being issued -- with the flood elevation, that there's some major obstacles in front. MR. LETOURNEAU: Well, Stephanie, you've seen this. Is it -- is it just a shell around the original mobile home, or is there modifications to the original mobile home also? MS. GUTTUM: I haven't been inside. MR. LETOURNEAU: Okay. So I can say that without having been inside and seen what kind of modifications have been done to the original mobile home. CHAIRMAN KAUFMAN: Irrespective -- MS. GUTTUM: Right. CHAIRMAN KAUFMAN: -- it's got permits that have been April 24, 2025 Page 35 issued, and they've not been CO'ed. So whether it is or it isn't is kind of a moot point. My concern now is -- BOARD MEMBER RUBENSTEIN: It's not in compliance. CHAIRMAN KAUFMAN: -- it's involved in our favorite Octavio situation. Also, I would suggest that we grant the respondent some time to get their arms around it. They should have enough time to review the plans, the -- MS. GUTTUM: Park manager. CHAIRMAN KAUFMAN: -- the park manager, and see where we go. I don't know what a reasonable amount of time is. Any ideas from the Board? BOARD MEMBER ELROD: At least 90 days. CHAIRMAN KAUFMAN: I'd say even more. BOARD MEMBER BHATLA: Hundred and twenty days. BOARD MEMBER ELROD: Hundred and twenty. CHAIRMAN KAUFMAN: Okay. Now -- MR. LETOURNEAU: Can I ask this gentleman, has the original mobile home been modified at all? MR. ALONZO: Well, let me tell you this: When we bought it, it was like that. MR. LETOURNEAU: It was -- the shell was on it, and everything was like it is right now? MR. ALONZO: It was -- it was exactly like that. We -- I mean, we don't do anything new. That was when -- we don't know about -- about the permits when we bought it, so we don't know nothing about the issues. Then we bought it for -- my mom bought it for, I think, 6,500, and then we bought it -- we bought it from the previous owner. And unfortunately, he die. Unfortunately, he die, and then, like, we bought it, and then the next day, the park -- the park manager put a lock on the door, and then they made us to pay 16,000, you know, to fix all the issues the previous owner caused to April 24, 2025 Page 36 the community. They made us to sign an agreement, and they don't mention anything to demo this part or demo the other part. They don't say anything about it. They made us to pay 16,000. We paid to them 16,000. A year later, they come to us and say now you got to demo this -- like, this area from the trailer. And I -- and I tell to them, why don't you tell me that the first time before we sign an agreement? So finally, they bring the lawyers. You know, they bring their lawyer and trying to remove us from the park. So we hire a lawyer, and we prove it to -- you know, to the judge, they been doing this -- this thing usually. I mean, they use the Code Enforcement to kick out the people, and then they sell the -- they sell the trailers again to the other people, and they don't correct any issue for what they -- what they kick out the people. So they've been doing this. So the judge see that, and they say, okay, I mean, you don't allowed to kick out these people from there because you already do from somebody else. So they've been doing this, and the Code Enforcement go there and, you know, go behind somebody else after the case been closed. I mean, they sell the trailer again to somebody else without -- without the title. They don't give the title because the person will take the title, but they still sell the property -- sell the trailer. So they've been doing this for -- it's not new. I mean, they've been -- they kick out a lot of people from there, and they do the same. So we the only one fighting against them and bring it to the court and showing to them. I mean, we had a right, too, because it looked like we don't have any right. I mean, the Code Enforcement go there and do the -- I mean, do the work for them, and after they sell the place. So that's why we hire a lawyer, and we win. I mean, Maria Morales, maybe she don't answer to me because she not happy April 24, 2025 Page 37 with us because we the first one win a case -- win a case against them. CHAIRMAN KAUFMAN: I understand. What we're suggesting is that we grant you time to resolve the situation, however that's done. That's up to you, the manager of the park, et cetera. As far as the Octavio situation, I don't know whether that was one of the stamps that was used to get these permits or not. MR. LETOURNEAU: It was. CHAIRMAN KAUFMAN: It was. So then this could be tied up for a long time. So we're granting -- what was your suggestion? BOARD MEMBER BHATLA: A hundred twenty days. BOARD MEMBER AYASUN: A hundred twenty days. CHAIRMAN KAUFMAN: A hundred and twenty days. I would say 180 days would be more likely. And during that time, since it's not in compliance, the fines continue to accrue, okay? But we can take care of that after this gets resolved. It's a very bad situation no matter which way you slice it. So you want me to make a motion? I'll make a motion that the 59.49 be paid within 30 days -- that's the court costs -- and that we grant the respondent -- BOARD MEMBER BHATLA: A hundred eighty. CHAIRMAN KAUFMAN: -- 180 days to get everything completed. MR. ALONZO: I have a question. Sorry. CHAIRMAN KAUFMAN: Okay. Let me finish. Any other parts should be included? A hundred and eighty, and we'll continue the $25-a-day fine. Okay. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. BOARD MEMBER RUBENSTEIN: A little discussion. April 24, 2025 Page 38 CHAIRMAN KAUFMAN: Discussion, Lee. BOARD MEMBER RUBENSTEIN: If it comes back from Jeff -- or from the building department that this is not going to be approved and it's within this proposed 180 days, can this case be brought back before us to be resolved as soon as -- if it's rejected instead of dragging it out for -- CHAIRMAN KAUFMAN: It has to be, because it's an open case. MR. LETOURNEAU: If the permit isn't issued at the end of 180 days, we will reschedule this for imposition. BOARD MEMBER RUBENSTEIN: Okay. MR. LETOURNEAU: If it's issued, we will allow them time to get inspections and CO done. CHAIRMAN KAUFMAN: Okay. So I have a motion. 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.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we're giving you six months to get this all resolved, and at that time the fines will continue to add up, but that can be taken care of when you come back here. We can cut them. We can eliminate them. That would be up to the Board at that time. MR. ALONZO: Okay. Because now the balance says 4,000, right, 4,000 -- CHAIRMAN KAUFMAN: Right, $4,635. MR. ALONZO: So if at the end, I mean, we don't have the April 24, 2025 Page 39 lucky to get the permit and we take the permit to the demolition, we got to pay this balance? BOARD MEMBER AYASUN: It depends. CHAIRMAN KAUFMAN: That depends. You come back before the Board, and we find out what's going on: They granted the permit, they didn't grant the permits, the stamp that they used to get the permits was found to be valid or invalid, and then the Board will consider all that, and then the Board has the power to eliminate that or reduce that. MR. ALONZO: Okay. I understand. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: But understand it's still accruing $25 a day. MR. ALONZO: Yeah. And I'm going to -- I'm going to try to contact the property manager. And after you mentioned this to me about Octavio, I'm going to talk to them about it and see what they're going to do -- because we already pay half the money to start the work, you know, so -- and when they -- when they complete the permit, we got to pay the rest. So I get to talk about it. CHAIRMAN KAUFMAN: Talk to it with your lawyer. MR. ALONZO: All right. CHAIRMAN KAUFMAN: Okay. He won the case for you once. MR. ALONZO: Yeah. CHAIRMAN KAUFMAN: See what he can do now. MR. ALONZO: All right. CHAIRMAN KAUFMAN: Thank you very much. MR. ALONZO: Thank you so much. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: That's why we only charged 25 a day. April 24, 2025 Page 40 BOARD MEMBER AYASUN: We didn't vote -- CHAIRMAN KAUFMAN: It needs -- all those in favor of that motion -- I thought we voted. BOARD MEMBER BHATLA: Yeah, we did. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER AYASUN: You can't resolve the case. CHAIRMAN KAUFMAN: No. MS. BUCHILLON: Next case -- I apologize. I did skip over No. 2. I didn't realize that person was here. We're still under imposition of fines, No. 2, CESD20230010938, Mayra L. Calvillo. 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. VENEGAS: I do. MR. CHERRELUS: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. VENEGAS: My name is Luis Venegas. I'm the husband of Mayra Calvillo. CHAIRMAN KAUFMAN: Okay. MR. CHERRELUS: My name is Henry Cherrelus. I'm the contractor working on the permit. CHAIRMAN KAUFMAN: Good. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. Past orders: On September 26th, 2024, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, April 24, 2025 Page 41 OR6408, Page 2558, for more information. The violation has not been abated as of April 24th, 2025. Fines have accrued at a rate of $100 per day for the period from January 25th, 2025, to April 24th, 2025, 90 days, for a total amount -- fine amount of $9,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing is 59.35. Total amount, $9,059.35. CHAIRMAN KAUFMAN: Okay. Your turn. MR. CHERRELUS: Hi. My name is Henry. I'm the general contractor working on this permit. Initially, when we submitted the permit, we thought it was just for electrical and plumbing, but we -- the Growth Management rejected it based on the Code Enforcement, that we had to have -- there were some structural work that were done, and we had to hire a structural engineer. Then we did that engineer work on the permit. We submitted it for review. It was rejected. There are some additional documents that were needed, and also we had to have elevation -- a FEMA elevation. The house is a -- we tried to get the elevation from records. We did not. We could not. We hired a surveyor who went, and he took some extra time. At that time when we got the survey back, the engineer was -- was out on vacation. He came back. We currently have everything we need. We had a meeting with the engineer yesterday. He's signing off on the documents today, and we'll have everything ready for submission tomorrow at the latest. And we believe that we'll be able to get these permits because it was not -- it was not a lot of conditions that they requested. We believe we'll be able to get the permits sometime in three -- less than April 24, 2025 Page 42 three weeks because it's not going to go through a whole review again. Once we have it, then I'll start working. It should not take me long to complete the work. And I have that, and I give the word to Luis, the husband: If he doesn't get the house done, ready to move in six months, his wife will divorce him. That's what I get from Mayra. CHAIRMAN KAUFMAN: Okay. MR. CHERRELUS: And I don't want that to happen to my good friend. CHAIRMAN KAUFMAN: So this case only gets closed when you get a CO. MR. VENEGAS: Correct. CHAIRMAN KAUFMAN: Not when you get the permits, but when you get the CO. MR. VENEGAS: Yeah. CHAIRMAN KAUFMAN: Am I correct, Jeff? MR. LETOURNEAU: You are correct, sir. CHAIRMAN KAUFMAN: So it's been dragging on for whatever reason. The first reason is, I guess it should have been done initially, but that's -- that's past. So what the case is now, as I said in the previous case, we have two options. We can impose the fine now, and it will continue until you get a CO, or we can grant you additional time. The clock's still -- the fines continue to accrue. And that gets resolved as soon as the "has not been abated" is changed to "has been abated," okay? So that's where we are now. When do you think -- if you get your permits in three weeks, as you mentioned, when do you think this will be CO'ed? MR. CHERRELUS: I'll simply ask for 180 days. CHAIRMAN KAUFMAN: Do you think it will all done in 180 days? April 24, 2025 Page 43 MR. CHERRELUS: Yes, sir. CHAIRMAN KAUFMAN: How much work to get it done -- before you submit it needs to be done? The electric and plumbing done? MR. CHERRELUS: Electric, plumbing. We have some structural as well. But I have a very good, solid staff, and I believe that I with -- safely, I can get it done within that. CHAIRMAN KAUFMAN: Okay. And the reason I ask is I don't want to see the fines continue for six months. That's a lot of money. So the sooner you get it CO'ed, the sooner we can close this case and the fines stop. MR. CHERRELUS: Sure. CHAIRMAN KAUFMAN: And then we can adjust the fines at that time. MR. CHERRELUS: Right. CHAIRMAN KAUFMAN: Okay. MR. CHERRELUS: I will definitely try to get it. As soon as I have the permit, I'll bring an army to see if I can get it done within two months with all the inspections. CHAIRMAN KAUFMAN: Okay. MR. CHERRELUS: But six -- 180 days just to be safe. But I definitely will try to get it done. CHAIRMAN KAUFMAN: Okay. Lee has a question. BOARD MEMBER RUBENSTEIN: Yeah. How much of this work has been done? MR. CHERRELUS: There is some electrical, the plumbing, but there's still up for -- they're still open for the inspector to review it. And I have actually brought the electrical inspector and the engineer -- structural engineer into the house. BOARD MEMBER RUBENSTEIN: So you started this job without a permit, correct? April 24, 2025 Page 44 MR. CHERRELUS: I did not start the job. He did. But we actually -- actually went and verified things that were done. And things that will need to be fixed, we'll fix them. It should not be a problem. BOARD MEMBER ELROD: I'll make a motion to grant 180 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: With the addition of 59.35 to be paid within 30 days. BOARD MEMBER ELROD: Yes, sir. BOARD MEMBER AYASUN: Correct. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MR. CHERRELUS: Thank you. CHAIRMAN KAUFMAN: So the fines are going to continue. As soon as you get it done, get ahold of Code Enforcement so they can go out there, you can get your CO. You can get rid of this case, okay? MR. VENEGAS: Thank you. MR. CHERRELUS: Thanks. CHAIRMAN KAUFMAN: All right. MR. PITURA: All right. Thank you. CHAIRMAN KAUFMAN: Are we up to 3? MS. BUCHILLON: Next Case, No. 3, CELU20230004261, April 24, 2025 Page 45 Alexander G. Canto. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. COOPER: I do. MR. CANTO: I do. CHAIRMAN KAUFMAN: Could you state your name on the -- MR. CANTO: Alexander Canto. MR. COOPER: Craig Cooper, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Craig, do you want to read this into the record for us? MR. CANTO: Who me? MR. COOPER: Past orders: November 20th, 2024, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6422, Page 3017, for more information. The violation has been abated as of March 26th of 2025. Fines have accrued at a rate of $100 per day for the period from March 21st, 2025, to March 26th, 2025, six days, for a total fine amount of $600. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.28. A total amount of $718.56. The gravity of the violation was not health and safety. Any actions taken by the violator to correct: Permits PRCP20230522487 and PRCP20230522489 were obtained, inspected, and finaled. Any previous violations committed by the respondent: None. Any other relevant factors: No. April 24, 2025 Page 46 CHAIRMAN KAUFMAN: Okay. My first question to you is, how come the previous assessed operational costs have not been paid? MR. CANTO: I wasn't aware that it was a different spot that I had to pay. I went there and paid everything I asked. I didn't know I had to go online or something. CHAIRMAN KAUFMAN: When this case was originally heard, I thought that would be pointed out to you. MR. CANTO: No. CHAIRMAN KAUFMAN: Craig? MR. COOPER: I believe you knew you had to have the fees paid. MR. CANTO: I go to the Growth Management and ask them, is there -- everything up to date? And obviously, I passed, you know, and like -- the survey was incorrect. I corrected that. And that's what was the six days' holdup. But, you know, I'm doing everything I can. Once I'm aware, I pay. I'm aware today. I will take care of it. It's done. Consider it done. Where would I go for that, by the way? Because I don't -- it's not Growth Management? CHAIRMAN KAUFMAN: Craig -- it's at Horseshoe Drive, but Craig will talk to you out in the hallway. MR. COOPER: Yeah. I can let you know exactly what you need to do to pay. MR. CANTO: I've got my card ready for it, yeah. CHAIRMAN KAUFMAN: Okay. Questions and comments from the Board? BOARD MEMBER RUBENSTEIN: Yeah. Why is it only six days if it began last fall? BOARD MEMBER ELROD: Because that was the time -- BOARD MEMBER AYASUN: That was the time we gave April 24, 2025 Page 47 him. The time was given to him for that. It started after that. BOARD MEMBER RUBENSTEIN: Extension. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I'd like to make a motion for the fine of $718.56 plus the operational costs of 59.28 to be paid. CHAIRMAN KAUFMAN: Let me give you a suggestion. The operational costs for today are 59.28. BOARD MEMBER RUBENSTEIN: Today's 59.28 plus the one that hasn't been paid, 59.28. CHAIRMAN KAUFMAN: Hold on. I won't consider anything unless that late charge has been paid today. So he leaves here today, goes to Horseshoe, and takes care of it. That's to begin with. Then the fines that you mentioned go in. That's how we've been handling it, okay? So not to include this in that, but they have to be paid today. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. So I got your motion. MR. LETOURNEAU: Hold on. Those operational costs are already included in the 718-. BOARD MEMBER AYASUN: Correct. It's $118.56 included. MR. LETOURNEAU: Right. They're already included. I just wanted to point that out. BOARD MEMBER RUBENSTEIN: Both of them are? BOARD MEMBER ELROD: Yes. MR. LETOURNEAU: Yes. However, I would like to suggest that if you guys do anything, that -- you reduce it or whatnot. That if the fine -- if the original fine -- the operational costs isn't paid today, then we can bring it back next month. CHAIRMAN KAUFMAN: Okay. April 24, 2025 Page 48 BOARD MEMBER AYASUN: Because I believe the rule is if it's not been paid, we don't even hear it. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER RUBENSTEIN: Do I need to restate is, or is that okay? CHAIRMAN KAUFMAN: What you should say, "What Jeff said." MR. LETOURNEAU: Contingent on the original operational costs being paid. BOARD MEMBER RUBENSTEIN: Yeah. MR. LETOURNEAU: Within a -- I don't know how many -- long you want to give him. BOARD MEMBER RUBENSTEIN: I'll restate my motion, that the 59.28 that hadn't been paid will be paid. If not, then the county has the right to bring this case back before the Board. But as of today, the 718.56 and -- well, that includes the 59-? MR. LETOURNEAU: It does. BOARD MEMBER RUBENSTEIN: Okay. MR. NOELL: So for clarity, for the future order, it will be 59.28, the past operational costs, paid today. If not, the matter can be brought back before the Board. 59.49 in operational costs paid today -- or paid within 30 days, and then whatever the remainder of that fine is, subject to the reduction of the operational costs, because it wouldn't be the full 718.56, correct? BOARD MEMBER ELROD: It would be 600. MR. NOELL: Okay. Yeah. Whatever that will come out to. But is that the motion? BOARD MEMBER BHATLA: You're not imposing the fine at the moment? CHAIRMAN KAUFMAN: Okay. No, he is. April 24, 2025 Page 49 BOARD MEMBER AYASUN: He is. MR. NOELL: He is. BOARD MEMBER ELROD: He's imposing the full amount. MR. NOELL: Yes. MR. CANTO: Could I make a comment before? CHAIRMAN KAUFMAN: Sure. MR. CANTO: I did turn everything in. The surveyor -- I guess the physical copy didn't get approved, and they needed to tweak it with the structure to structure, structure to building, and structure -- the other structure to building. So those two -- those information was missing, and I had it revised, and that's really what was the holdup. But I turned it in. It would have been approved in a timely manner, but getting it revised is what I'm six days behind. And I'm going to be paying for a surveyor that didn't do it correctly. CHAIRMAN KAUFMAN: Okay. MR. CANTO: But, yeah, I did everything in my power to take care of this. But, yeah, you know, the first hearing I should have paid. I'm sorry. I didn't know where to go to pay that. BOARD MEMBER AYASUN: Pay it today, though. MR. CANTO: Yes, I guarantee, 100 percent. Both, not just that one. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Call the motion. CHAIRMAN KAUFMAN: All those in favor of -- THE COURT REPORTER: There was no second. BOARD MEMBER ELROD: There's no second. CHAIRMAN KAUFMAN: Did somebody second Lee's motion. (No response.) CHAIRMAN KAUFMAN: No. Motion fails for lack of a April 24, 2025 Page 50 second. Okay. BOARD MEMBER ELROD: I'll make a motion. That he pays the -- pays 118.56 today and we waive the $600. BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. So your $600 has been waived. MR. CANTO: Thank you. CHAIRMAN KAUFMAN: And you're going to pay the 118.56 today. MR. CANTO: Right away. Thank you. MS. BUCHILLON: Okay. I'm not going to have the ops cost for today yet until we're done with this hearing. So if you go over there right now, the one for today is not going to be there. So you might want to wait till later on in the afternoon. MR. CANTO: Okay. In the afternoon. BOARD MEMBER AYASUN: Same day, but in the afternoon. MR. CANTO: All right. Sounds good. CHAIRMAN KAUFMAN: Okay. Thank you. MR. CANTO: Thank you, too. BOARD MEMBER AYASUN: Next. CHAIRMAN KAUFMAN: Number 5? MS. BUCHILLON: Yes, No. 5, CESD20220000870, David H. Levine, and also No. 6, CEROW20220009345. April 24, 2025 Page 51 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. LEVINE: I do. CHAIRMAN KAUFMAN: Bradley, you want to read this into -- Sir, can you state your name on the microphone for us? MR. LEVINE: David Levine. CHAIRMAN KAUFMAN: Okay, David. Bradley. MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On April 27th, 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, OR6248, Page 838, for more information. On August 24th, 2023, the Code Enforcement Board granted an extension of time. On February 22nd, 2024, August 22nd, 2024, and November 20th, 2024, the Code Enforcement Board granted a continuance. The violation has not been abated as of April 24th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 23rd, 2023, to April 24th, 2025, 519 days, for a total fine amount of $103,800. Fines continue to accrue. Previously assessed operational costs of 59.28, 59.49, 59.70, and 59.84 have been paid. Operational costs for today's hearing, $60.05. Total amount, $103,860.05. CHAIRMAN KAUFMAN: Okay. Sir. April 24, 2025 Page 52 MR. LEVINE: Good morning. CHAIRMAN KAUFMAN: Good morning. I'm getting to know your face. MR. LEVINE: You too. So the way it all started was I hired somebody. They weren't the proper -- MS. BUCHILLON: Sir, can you speak into the microphone, please? MR. LEVINE: Sure. They weren't the proper qualifications to do the landscape design. I hired somebody else. Michaelle Crowley denied them and told me to have another whole plan made up for the concrete that's on the property, because some paver blocks were there and driveway and this and that, and she wanted to make sure the water was not impervious. So I spent $2,000 on that. When I went to go give it to her -- she doesn't work there anymore. No one wants it. I just spent $2,000 for zero reasons. But now I at least know that I'm in compliance for what she thought she needed me to have. Then I hired another person, Jeff Curley or Curl. He seems to be the pro of all pros. He works for big, giant Port Royal companies everywhere. He's the best, except for he didn't ask me one kind of tree, one kind of plant I wanted. He didn't discuss anything. He submitted -- when I asked him to please go to the county and find out about -- there was some property taken away for eminent domain. The property's 3.55 on every record, three and a half acres. It's not three and a half acres. It's 3.18 acres. If Mr. Curley would have found that out, not me. Me paying him $4,100, he should have found that out. He didn't. I went to the town -- very easy, very simple after I went and did it myself. The property -- the part of the property that they want me to put plants on doesn't exist. The street is that. It's not even -- it's not sensible, this whole thing. So now I have another lady. This is April 24, 2025 Page 53 her -- she came yesterday. And then another landscape design -- somewhat of a friend, that said he could handle it. That was all yesterday. So I'm either going to pick this person who says they can do all the plantings, or him, John, who said he could do all the plantings, and we're going to figure out what I need to plant. Because Jeff Curley came up with this plan: 2,000 plants on my property he wants in the front area. It's not even possible. It doesn't make any sense. This is the pro of all pros, and he wants to prove that he's a pro of all pros. He came to the town and told them he's right. Your town came up with, from your man, that little thing with a bunch of little plants. Which is it? I don't know. I still don't know. It's like a year and a half later; I don't know. I don't know what I'm supposed to do except for if my property, on the part that they think is -- what's the right word -- they wanted me to fix up three-quarters of an acre or an acre, let's say; front house, around that front house, into the front area. It's not a whole acre. There's a house. There's some paver blocks. There's some things. If that's what they want me to fix up, .37 acres doesn't exist. So shouldn't that all be smaller, and shouldn't I have to plant a lot less plants? That's what I thought the Jeff -- this guy would have done. Well, now either she's going to do it, or this other gentleman John's going to do it. But I was speaking to the investigator, and we're going to have a meeting and sit down together with -- do you remember the gentleman's name? MR. HOLMES: Yes. For the record, Bradley Holmes, Collier Code Enforcement. His wife went and spoke to Craig Brown, who's within the Environmental division. I reviewed what -- or he and I discussed what he's articulating to you right now. I'd like to set a meeting with Craig to understand what it is that they reviewed, if they found that April 24, 2025 Page 54 there was a need for a change in the plan or alteration to it. I don't know. This case has been open for quite a while long time, but not turning over a stone wouldn't be prudent. I think the county would be comfortable with 30 days to get it on track, and he can figure out who it is that he's going to have execute this, what exactly he needs to execute, and ensure that there wasn't something missed by county staff just to keep everything on -- on the right path. CHAIRMAN KAUFMAN: Let me give you my two cents. Obviously, I don't know what you need to plant or whatnot. MR. LEVINE: Sure. CHAIRMAN KAUFMAN: Thirty days is we'll figure out what needs to be planted but not is in the ground, and that means this case is still open. What I would like to see is this change from "has not been abated" to "been abated." Then we can handle the bottom number on this plan, the $130,860, but only after it's been abated. We can handle the fine and all the work that you've done prior to that, and you probably have a rut to this building already, you've been here so many times. MR. LEVINE: Yes. CHAIRMAN KAUFMAN: So, again, we're back to there's only two things we can do. Extend the time or impose the fine. BOARD MEMBER AYASUN: Is it for both case or one? CHAIRMAN KAUFMAN: Both. MR. LEVINE: They have to do with each other. They won't let me finish my driveway because of that. CHAIRMAN KAUFMAN: Okay. MR. LEVINE: And you have been paid already for the permit. It's already paid, but they won't let me do it. CHAIRMAN KAUFMAN: Okay. So any idea on how long -- once the permit -- once they decide what needs to be done -- MR. LEVINE: Yeah. April 24, 2025 Page 55 CHAIRMAN KAUFMAN: -- how long that will take to get done? MR. LEVINE: No. Don't really know the answer. If I -- if I was doing it myself, a week, but I'm not doing it myself. CHAIRMAN KAUFMAN: Make up a better answer. MR. LEVINE: A hundred and twenty days to be finished -- CHAIRMAN KAUFMAN: Okay. MR. LEVINE: -- meaning -- because if I -- CHAIRMAN KAUFMAN: CO'ed. MR. LEVINE: -- come back in 30 days, it's not going to be finished. CHAIRMAN KAUFMAN: Right. That's why I said that's not an option, because this thing is still dragging on. MR. LEVINE: Yeah, I'm kind of getting tired of it myself. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll grant 120 days, and pay the 60.05 within 30 days. And if you get it done sooner, by all means, notify us. MR. LEVINE: Should I come in, and we could just solve it beforehand? CHAIRMAN KAUFMAN: Let's vote on the motion first. MR. LEVINE: Oh, sure. 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: Aye. Opposed? April 24, 2025 Page 56 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, what's your question? MR. LEVINE: So in other words, let's say they did it in 45 days. Now what's the next thing? Should I wait for that 120? CHAIRMAN KAUFMAN: The county will schedule you to come back here, okay, and then this piece of paper will say it has been abated. MR. LEVINE: That would be great. CHAIRMAN KAUFMAN: The fines will probably show a little bit more than that's on here, and then we can handle that situation at that time. MR. LEVINE: Understand. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Once it's abated, within 24 hours you notify Code so they can stop it on that day. MR. LEVINE: Gotcha. BOARD MEMBER AYASUN: And then you can do the driveway, I guess. MR. LEVINE: It went up $2,000 since then, too, for the concrete. CHAIRMAN KAUFMAN: Okay. You're going to have a gorgeous driveway for $100,000. MR. HOLMES: If I may. CHAIRMAN KAUFMAN: Yes. MR. HOLMES: In reference to Case No. CEROW20220009345, it sounds like the Board was wishing to grant a similar extension or continuance to that case. CHAIRMAN KAUFMAN: That's correct. MR. HOLMES: The operational costs for that case, without going through the entire executive summary, is $59.77. April 24, 2025 Page 57 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: That should be paid, too. MR. LEVINE: So do I have one, or I have two to pay. CHAIRMAN KAUFMAN: We'll take another motion from the Board on that case. My motion maker at the end. BOARD MEMBER ELROD: A hundred and twenty days, and the 59.77 in 30. 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. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Bradley. MR. HOLMES: Yes, sir. MR. LEVINE: Thank you, guys. Have a good day. BOARD MEMBER AYASUN: You, too. BOARD MEMBER BHATLA: I have a question. CHAIRMAN KAUFMAN: Okay, Bart. BOARD MEMBER BHATLA: Why did the operations costs go up in this one, $60.05? BOARD MEMBER AYASUN: That is very complicated, very complicated. CHAIRMAN KAUFMAN: The operational costs typically, for the Board, runs around $50. The operational costs for the Magistrate runs over $100. And that's because you don't get paid -- that's -- April 24, 2025 Page 58 BOARD MEMBER AYASUN: That's the difference. BOARD MEMBER BHATLA: Just the -- CHAIRMAN KAUFMAN: How many Xerox -- how many Xerox copies they made that they used three paper clips today instead of two, whatever. BOARD MEMBER AYASUN: There's a formula that they use. I have asked that question many times. BOARD MEMBER BHATLA: Thank you. CHAIRMAN KAUFMAN: Okay. We're going to take a short break, 15 minutes. We'll be back. (A brief recess was had from 10:33 a.m. to 10:51 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Which brings to us... MS. BUCHILLON: We are still under motion for imposition of fines and liens, No. 7, CENA20220007701, Titus Enterprises, LLC, and also No. 8, CESD20220007782. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. MICHAEL: I do. CHAIRMAN KAUFMAN: Brian, you're back again. MR. OWEN: Yes, sir. CHAIRMAN KAUFMAN: Okay. You want to read this -- Sir, could you give us your name on the microphone. MR. MICHAEL: Sasha Michael. CHAIRMAN KAUFMAN: Michael? MR. MICHAEL: Yes, sir. CHAIRMAN KAUFMAN: Okay. If you want to read this into the record for us. MR. OWEN: For the record, Brian Owen, Collier County Code April 24, 2025 Page 59 Enforcement. Past orders: On January 25th, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6336, PG402, for more information. On September 26th, 2024, the Board -- the Code Enforcement Board granted a continuance. The violation has not been abated as of April 24th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for a period from February 25th, 2024, to April 24th, 2025, 425 days, for a total fine amount of $85,000. Fines continue to accrue. Previous assessed operational costs of 59.28 have been paid. Previous operational costs of 59.35 was paid today. Operational costs of today's hearing is 59.49, for a total fine amount of $85,059.49. CHAIRMAN KAUFMAN: Okay. Sir. MR. MICHAEL: Yes, sir. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MICHAEL: Yeah. With this case, as you may know, I've been working hard. I just -- I just got the final document for the parent case. And this case, like I said before, I'm not sure that it's -- how to solve it or abate it. I thought that I did. So I'm just -- I tried -- this -- I ordered an endangered species survey, which was the final requirement for the second vegetation removal permit, which is the parent case to this. I just got it back yesterday. Tried to upload it at the portal. I was having some difficulties. I'm going to Horseshoe right after this meeting, and I'll submit it in person, at which time I anticipate that that permit will be resolved. April 24, 2025 Page 60 CHAIRMAN KAUFMAN: Let me ask a couple of questions. Brian, it says litter -- the description of the violation: litter, illegal storage -- BOARD MEMBER AYASUN: Recreational -- CHAIRMAN KAUFMAN: -- recreational vehicles, furniture, unlicensed trailers, et cetera. BOARD MEMBER RUBENSTEIN: I've got another one. CHAIRMAN KAUFMAN: Yeah. I'm looking at the one we're doing now. BOARD MEMBER AYASUN: The second. CHAIRMAN KAUFMAN: Is that still there? MR. OWEN: There's a lot of stuff on this property. CHAIRMAN KAUFMAN: Okay. Sir? MR. MICHAEL: Yeah, I removed everything I could that was absolutely -- that wasn't related to the actual property. Anything there is related to the operation of the property. CHAIRMAN KAUFMAN: Litter. MR. MICHAEL: It's not litter, sir. There's no litter. It's a wheelbarrow and a tarp, and the tarp will be replaced in season. I showed the pictures to Brian, who saw it and kind of was in agreeance to everything there. But litter, specify, and I'll remove it. CHAIRMAN KAUFMAN: Let me ask. MR. MICHAEL: Yes, sir. CHAIRMAN KAUFMAN: Litter is still there? MR. OWEN: Yep. So I went there yesterday. The whole tarp for the greenhouse is on the ground. There's piles of vegetative waste. So once you take vegetative waste, put it in a pile, it's now vegetative debris, which is considered litter. Wheelbarrows just in random places. Nothing has got rhyme or reason of why it's stored where it's stored. Yeah, it's just -- April 24, 2025 Page 61 CHAIRMAN KAUFMAN: Okay. Let me continue. Recreational vehicles, are they gone? MR. MICHAEL: Gone, yes, sir. MR. OWEN: There's still a travel trailer on the property. MR. MICHAEL: Yeah. CHAIRMAN KAUFMAN: Okay. Furniture? MR. MICHAEL: Gone. MR. OWEN: I do not recall seeing furniture, no, sir. CHAIRMAN KAUFMAN: Okay. Unlicensed trailers? MR. OWEN: That has been removed -- MR. MICHAEL: Gone. MR. OWEN: -- but I'm not sure if the travel trailer that is on site is currently registered. CHAIRMAN KAUFMAN: Is the -- MR. MICHAEL: Yes. CHAIRMAN KAUFMAN: It is registered? MR. MICHAEL: The trailer, yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MICHAEL: And it's also been approved from the director there at the waste land improvement that it's for -- as long as it's for the farm use, it's permitted. That's the only thing that's on site. There's nothing that's not. There's one wheelbarrow and one tarp that's in good condition. CHAIRMAN KAUFMAN: That's being like a little bit pregnant. You're either pregnant or you're not. MR. MICHAEL: Yeah. There's a tarp and there's a wheelbarrow. It's not lither. CHAIRMAN KAUFMAN: I guess the county considers it litter. MR. LETOURNEAU: I just want to point out -- for the record, Jeff Letourneau, Collier County Code Enforcement. We not only cited the litter ordinance, we cited the April 24, 2025 Page 62 prohibited-use ordinance, which covers illegal outside storage. So you can't have -- you can't be storing stuff that's not in -- as an accessory use for that zoning district. So you can't be storing construction debris. You can't be storing wheelbarrows. You can't be storing anything out there. MR. MICHAEL: Okay. I -- CHAIRMAN KAUFMAN: It's considered an eyesore, I guess. MR. MICHAEL: I agree, but you can't see it. It's 250 feet inside, and there's a massive barrier of privacy, natural barrier of just vegetation. And on top of -- and it's not garbage. I mean, I use the wheelbarrow. But, honestly, if you just give me a list of what you want specifically done, I am more than happy -- CHAIRMAN KAUFMAN: I would have thought you would have asked the code enforcement officer for that list -- MR. MICHAEL: I did several times. CHAIRMAN KAUFMAN: -- about a year ago. MR. MICHAEL: I did. Believe me, I did. MR. OWEN: Mr. Chairman, this was opened on August 16th of 2022. MR. MICHAEL: At which point it was opened because my neighbor complained about one vehicle which was removed that -- within 24 -- a week, and then after that, it's just been -- they keep adding violations and violations. I'm paying all these fees, and I'm trying to do my best here. I paid 2,000 for this, 10,000 for the previous survey. I don't -- I don't have money to play that game. And I just want a simple clean piece of land. CHAIRMAN KAUFMAN: Okay. Lee, you have a question? BOARD MEMBER RUBENSTEIN: Do we have a current picture of the property? MR. OWEN: We do. BOARD MEMBER RUBENSTEIN: Will you allow us to look April 24, 2025 Page 63 at the picture? MR. MICHAEL: Yeah, please do, please do, but also just keep in mind, like, the point of view from the public versus inside, what I was trying to build or what I built. BOARD MEMBER AYASUN: The violation is -- MR. LETOURNEAU: That's irrelevant. We had a complaint -- complainant on this property. So whether it's viewable from the public or not, you still need to comply with the ordinance. MR. MICHAEL: Okay. But to which I'm sure you can admit -- you can say that a lot of progress has been made from the -- (Simultaneous crosstalk.) MR. LETOURNEAU: I'm not denying there's been progress, but I do have a picture here that Brian took April 23rd. CHAIRMAN KAUFMAN: Why don't you put it up. MR. LETOURNEAU: Do you want to take a look at it? MR. MICHAEL: Yeah, sure. BOARD MEMBER RUBENSTEIN: Do we need a motion? MR. MICHAEL: Go ahead. I mean, it just doesn't have the tarp on it. So yeah, there's work to be done. MR. LETOURNEAU: Are you okay? MR. MICHAEL: I'm okay with it. BOARD MEMBER RUBENSTEIN: All right. I want to make a motion to -- that the respondent accepts that we're allowed to see the picture. MR. MICHAEL: Absolutely, yes. BOARD MEMBER AYASUN: Second. MR. NOELL: Okay. It's a motion to enter it into evidence; is that what -- BOARD MEMBER RUBENSTEIN: Correct. MR. NOELL: Okay. And you second it, sir? BOARD MEMBER AYASUN: Second. April 24, 2025 Page 64 MR. NOELL: Okay. 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.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. OWEN: I honestly don't know how we're going to get this picture on the monitor because it's in my personal drive. MR. MICHAEL: But, like, the picture, you can't see that -- CHAIRMAN KAUFMAN: Bradley will figure it out. He went to personal picture school. MR. LETOURNEAU: Why isn't it working? I've got it. Yeah. I'm trying to get it on here. It should be coming up right now on "laptop." MR. OWEN: Mr. Holmes to the rescue. CHAIRMAN KAUFMAN: There it is. BOARD MEMBER BHATLA: There it is. MR. OWEN: Right over here where the hand is is a big pile of debris. I mean, just a bunch of random stuff, wiring. Shipping container will be covered in the next one. Way back here you see the RV travel trailer. It's got a wood deck around it. I mean -- BOARD MEMBER RUBENSTEIN: How old is this picture? MR. OWEN: That was taken on Wednesday; yesterday. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. So as I've said in the three previous cases, we have a choice of implement -- imposing the fine April 24, 2025 Page 65 and the fines continue to accrue or granting additional time to come into compliance. Those are our two choice. Any comments or questions or motions from the Board? (No response.) CHAIRMAN KAUFMAN: I'll make a motion. I would like to impose the total fine of $85,059.40 [sic] with $59.40 [sic] included in that for the operational costs for today -- actually, the 59.49 can be paid within 30 days. BOARD MEMBER RUBENSTEIN: On items -- on No. 7, correct? CHAIRMAN KAUFMAN: This is on No. 7. BOARD MEMBER AYASUN: So it's 85,118.84 minus 59.49? BOARD MEMBER ELROD: Minus the 59.35. BOARD MEMBER RUBENSTEIN: Yes. MS. BUCHILLON: But the total is 85,059.49. That's because he paid the past due ops cost earlier today. BOARD MEMBER RUBENSTEIN: Do you want to rule on these separately or together? CHAIRMAN KAUFMAN: Yes. This is the case we're hearing now. BOARD MEMBER RUBENSTEIN: Okay. I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? BOARD MEMBER ELROD: Aye. April 24, 2025 Page 66 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: 4-1? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: And fines continue to accrue. CHAIRMAN KAUFMAN: That's correct. Which brings us to... BOARD MEMBER AYASUN: Number 8. CHAIRMAN KAUFMAN: Number 8. (All participants were previously sworn.) CHAIRMAN KAUFMAN: Do you want to read this one into the record for us, Brian? MR. OWEN: All right. Again, Brian Owen, Collier County Code Enforcement. Past orders: On November 17th of 2023, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6323, PG2272, for more information. On February 22nd, 2024, and September 26th, 2024, the Code Enforcement Board granted a continuance. The violation has not been abated as of April 24th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day from the period of January 17th, 2024, to April 24th, 2025, 464 days, for a total fine amount of $116,000. Fines continue to accrue. Previous assessed operational costs of 59.28 and 59.28 have been paid. Previous assessed operational costs of 59.35 has been paid today. Operational costs for today's hearing is 59.63, for a total fine amount of $116,059.63. CHAIRMAN KAUFMAN: Okay. Could you just read the description, for the record, of the violation, an agricultural zoned April 24, 2025 Page 67 property, et cetera? MR. OWEN: Yep. Description: An agriculturally zoned property with multiple structures requiring permitting, including but not limited to the following: multiple greenhouse structures over 100 feet in footprint, a mobile home, a permanent set of stairs built around the mobile home door. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Does the picture that you showed us before pretty much mirror the violation on this one? MR. OWEN: That is correct, sir. BOARD MEMBER RUBENSTEIN: It's all part of the same. MR. OWEN: Correct. MR. NOELL: Are you requesting -- are you requesting that to be entered into evidence in this case? (No response.) MR. NOELL: No. Are you requesting the Board to enter that picture into evidence? MR. OWEN: They're just referencing a picture they saw previously. MR. NOELL: I understand that. That's a separate case. MR. OWEN: Correct. MR. NOELL: So for this case, are you requesting the Board to enter that same picture into evidence? MR. OWEN: Yep. BOARD MEMBER AYASUN: So we have to take a vote. MR. NOELL: And then, sir, do you have any comments or any objections to that picture being entered. MR. MICHAEL: I just would like it entered with this as well to get the scope, like, the big picture of the property. That way you April 24, 2025 Page 68 could see. This is a survey done. CHAIRMAN KAUFMAN: And we'll get to you. What we want to do is take a motion from the Board to accept the photo that has been viewed by the respondent. BOARD MEMBER AYASUN: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: (No verbal response.) BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now it's your turn. You want to enter some pictures or something into evidence? MR. MICHAEL: Yes, please. CHAIRMAN KAUFMAN: Okay. MR. NOELL: And if we can, just for the sake of the procedure of it -- because the county's still putting their case on, and then we'll give the -- if the Board, you know, would so deem it necessary, we'll give the respondent a time to enter his piece of evidence and ask any questions he may have. CHAIRMAN KAUFMAN: Okay. This is the picture we saw on the previous case. BOARD MEMBER AYASUN: Yes. MR. OWEN: That is correct. He has a structure built under the greenhouse. Again, in the back is the travel trailer. It does have a set April 24, 2025 Page 69 of stairs built around it. And then he would need to get a zoning determination to find out if this shipping container is even permittable to be put on that property and then if it would need a permit. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Okay. Do you have any questions on it? BOARD MEMBER RUBENSTEIN: Yeah. Would you say that the photo that you displayed identifies to case ending in 782 is correct? MR. OWEN: That's correct. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: You need a motion -- do I need a motion to accept the photo for this case as well as -- CHAIRMAN KAUFMAN: We did that. We just -- BOARD MEMBER AYASUN: We did that. BOARD MEMBER RUBENSTEIN: It's all under one? MR. NOELL: It's already been done in this case specifically. BOARD MEMBER AYASUN: Just now we did it. CHAIRMAN KAUFMAN: We're one step ahead of you, Lee. BOARD MEMBER RUBENSTEIN: I'm sorry. Long night. CHAIRMAN KAUFMAN: Do you have anything further? MR. OWEN: The county wishes for full imposition. CHAIRMAN KAUFMAN: Okay. Sir, your turn. MR. MICHAEL: Yeah. I just -- please consider that that was under construction, and then they came with the fines, so we stopped, and I started to do the permit procedures, to which I've been as prudent as possible. And yeah, I mean, I stopped, and now I'm trying to fix it the right way. That's it. And if you would just look at that picture that I April 24, 2025 Page 70 submitted to get the scope of the property, you would see that, really, it's not a nuisance to anybody. And that would have been much more beautiful and nicer if I wasn't -- you know, if I didn't have to kind of take a step back and get these permitting. MR. NOELL: And then, sir, are you asking -- are you asking for that document to be entered into evidence -- MR. MICHAEL: Yes, please. MR. NOELL: -- in this case? MR. MICHAEL: Allow the scope of -- MR. NOELL: Okay. And just understanding, if you do that, you won't receive that back. You understand that? MR. MICHAEL: That's okay. MR. NOELL: Okay. MR. NOELL: Does the county have any objection to that being entered? MR. OWEN: I need to see what it is first. MR. NOELL: Okay. There it is. BOARD MEMBER ELROD: It's just an aerial. MR. OWEN: No objection. MR. NOELL: Okay, great. And then, Ms. Buchillon, if you just want to hand it down, and you guys can just look at it one at a time quickly. And then if there's any questions that you have as a result of that... BOARD MEMBER ELROD: Does this stuff -- MR. NOELL: Oh, yeah, if you want to put it -- I'm sorry. It could be a lot simpler. I made it difficult, I'm sorry. If you just want to put it on the overhead, that would be great. I'm just not used to technology. And then the Board would just need to do a motion to accept that into evidence, yes, sir. BOARD MEMBER ELROD: I'll make a motion to accept it April 24, 2025 Page 71 into evidence. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. BOARD MEMBER ELROD: Was this stuff existing prior to your purchase? MR. MICHAEL: The stuff on site, no. I had -- there was multiple greenhouses. I took them down. The only one -- that one that you see is just the USDA one. They don't really allow me to take it down without having to pay a penalty, so that's the only reason it's there. And it did look much better. I would love to bring pictures of when it was looking, you know, much better. But again, it's under construction. We're waiting for permitting, which should be done by the end of the day for the second vegetation removal permit and the agricultural exemplification. CHAIRMAN KAUFMAN: Now -- so what we're seeing here is the site. The size of that property is? MR. MICHAEL: Five acres, sir. CHAIRMAN KAUFMAN: Okay. MR. MICHAEL: And the other picture, the other one I gave the young lady, she has it there, would give a little more context to what I'm trying to show or demonstrate. So this is a very recent survey April 24, 2025 Page 72 done, you know, within the last week, and the nursery, which is registered and licensed, is that small area which is circled, and it's all highlands and permitted. No one can see it. Again, there's a huge 200-foot barrier of vegetation. The pictures you see are prior, like, where it doesn't look so organized is a little misleading because that's only if someone were to enter deep into the property. And again, it's all related to the operation. That's all. CHAIRMAN KAUFMAN: Is there a driveway that goes in there? MR. MICHAEL: It's just -- it's a cleared path. It's not, like, a paved driveway or anything, sir. CHAIRMAN KAUFMAN: And where is it? Is it at the bottom of the screen? MR. MICHAEL: It's highlighted in yellow, right here (indicating), and there's a small path here as well. CHAIRMAN KAUFMAN: Okay. MR. MICHAEL: That's it. BOARD MEMBER BHATLA: What do the numbers -- MR. MICHAEL: And the fence is under construction. So the numbers refer to the legend. So if you look at the top, there's a nursery which is, yeah, .4 acres. Anyway, it refers to the legend. I don't know if you can zoom in. It's just the vegetation, to which we're really respectful of wetlands and everything. I'm not even going to develop or touch any of that. Just only .4 acres at the beginning, and we're trying to, you know, just do it the right way. CHAIRMAN KAUFMAN: Okay. Do you have anything else? MR. MICHAEL: No, sir. CHAIRMAN KAUFMAN: Obviously, you realize this has taken an awful long time. I think what concerns the Board or concerns me is that it's taken so long to clear litter and other things April 24, 2025 Page 73 that shouldn't take more than a week to clear. MR. MICHAEL: I mean, that being said, I go in there every chance I get. I have a full-time job, three kids and a wife and then a mortgage and all that other natural stuff. But I cleared as much as I -- as I could of things that I deemed were not useful. But everything there is very useful for the operation. If not now, in the future. BOARD MEMBER AYASUN: May I address him? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER AYASUN: Okay. It doesn't seem like you take the whole thing seriously. That's the way I feel. And look at the fines, they're very high, and from, so far, what I'm hearing, these are going to be imposed, and you're going to have to pay this. Clearing litter, this shouldn't be a difficult thing. And viewing from the street or from somewhere that you can -- you could have rockets in there, you can't see it from the street, but it's illegal to have rockets on your farm. So I think you should try to take this seriously. Do a fantastic cleaning job before you come back again, because this board, I don't think, is going to be sympathetic to your position right now. MR. MICHAEL: Yeah, I agree. Thank you, sir. You're absolutely right. Obviously, finances have -- you know, when you have money, you can move quickly. When you don't and you have other responsibilities, it's difficult. I did -- I did make an arrangement, a joint venture for a different organization to take over the entire project. Of course, these fines deterred that, so I lost a huge opportunity there. I renegotiated a new one, but, of course, they want -- before they sign the five-year, whatever it is, they want to see that the property's clean and clear and that the permits are all in order, which is my highest priority. Believe me, I've been dedicating a lot of energy, time, and money to this. I April 24, 2025 Page 74 know you may not see it in that picture, but if you saw it previously and all the runs I've done to the -- to the Collier County Landfill, to which I can easily provide several, several receipts, believe me, I'm cleaning, and I'm working as hard as I can. There was another 5,000-square-foot steel structure there, which I removed. So believe me, we're taking it serious -- I'm taking it serious, and I'm doing my best. And if you could just give me a very clear to-do list in terms of, you know, what is litter, I will have it done within the week that you -- even if it's valuable to me and you want me to get rid of it, I'll do it. CHAIRMAN KAUFMAN: That's your communications with the -- BOARD MEMBER AYASUN: Officer. CHAIRMAN KAUFMAN: -- officer. As I said in the last case, this is -- since it's not been abated, we have two choices: Impose the fine or grant an extension. Either way, the fines are going to continue until it is abated, the situation, so -- and after it's abated, then we can discuss the fines, whether they're reduced or whatever, okay? MR. MICHAEL: To abate it is -- CHAIRMAN KAUFMAN: In other words, when this piece of paper on this case comes back and it says "the violation has been abated," then we can make our final determination on fines, no fines, or whatever it is, okay? So that's the situation that we're in now. But it's in your best interest to get this thing done as soon as possible so that the fines stop. MR. MICHAEL: And can you, on record, just tell me exactly what I have to do to get them abated? CHAIRMAN KAUFMAN: I cannot. MR. MICHAEL: You cannot? It's up to Brian? CHAIRMAN KAUFMAN: Brian is your point of contact. April 24, 2025 Page 75 MR. MICHAEL: Brian's the guy to give me a to-do list? Perfect. CHAIRMAN KAUFMAN: Whatever. You can talk about that out in the hall. Right now I'm looking for a motion from the Board as to taking care of this situation today. BOARD MEMBER ELROD: You have permits in place, and you're just waiting for them to be final? MR. MICHAEL: Yeah. I have -- I got all the permits. The only one that I had to get, which Jeff knows about, is -- I just got this yesterday, the protected species survey for the land, and that's for the second vegetation removal permit, which is the parent to all this, yes. MR. LETOURNEAU: So you're clear on the -- on the protective species; is that what -- MR. MICHAEL: This is it, yes, sir. MR. LETOURNEAU: Okay. That needs to be -- that needs to be submitted. MR. MICHAEL: Today I'm going down. MR. LETOURNEAU: And there was two things. It was an exemption letter from South Florida Water Management. MR. MICHAEL: I have that. MR. LETOURNEAU: You got that. That was the two things that he needed. So you got that in hand. Okay. I would say that he's very close to getting at least the -- this case situated. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Do you have a problem in offering a list of items that you want cleared or -- MR. OWEN: Yeah, providing the list. And then the statement that he made that he has permits is inaccurate. He doesn't have any permits. Literally, everything is at a standstill, rejected, abandoned. Zoning was never completed, and just -- nothing has happened. BOARD MEMBER AYASUN: Okay. That's what I tried to April 24, 2025 Page 76 convey. MR. MICHAEL: Well, is that true, Jeff? Can you verify what -- is what he said true? MR. LETOURNEAU: Well, I can -- all right. I'm looking at -- let me get back to the property. You had a vegetation removal permit. That was completed. MR. MICHAEL: Completed. MR. LETOURNEAU: The one I was looking at was the agricultural clearing permit, which is this right here. And the letter that was sent out, I believe, in September of last year, had the two things, the exemption from South Florida Water Management, which you say you've got. MR. MICHAEL: Yes. MR. LETOURNEAU: And then the protected species letter. MR. MICHAEL: Right there. MR. LETOURNEAU: So once he submits this, I think at that point he will get that issued. MR. OWEN: It's just a clearing permit. That doesn't permit -- MR. LETOURNEAU: Well, no. Okay. That is correct. Now, that's for the clearing. Obviously, you need permission for any kind of structures you have out there, any kind of use you have out there. Is it a bona fide ag use from the -- all right. MR. MICHAEL: Yes. Bona fide agricultural use. MR. LETOURNEAU: You've got your -- from the Property Appraiser's, he's got that? MR. OWEN: He's got a 69 for ornamental. MR. LETOURNEAU: Okay. So I think that most of those things out there probably could be classified as farm related. MR. MICHAEL: Thank you. MR. LETOURNEAU: But -- you can say thank you to the county at this point, but really the thing that was holding everything April 24, 2025 Page 77 up was that letter you've got right there. MR. MICHAEL: I know. I just needed that to be clarified to the Board. MR. LETOURNEAU: So -- go ahead, Tom. MR. IANDIMARINO: Mr. Chairman, if I may, Tom Iandimarino, director for Code Enforcement. For consistency, the county would recommend that we impose, as we did in the previous case, allow this to be off of your board at this point in time and allow it to go to the BCC for any resolution at that time. CHAIRMAN KAUFMAN: I don't think it has to go to the BCC until we get finished with it. MR. IANDIMARINO: Correct, sir, it would not, once he completes everything and he abates it. If you impose -- you've already imposed on the other case. If you impose on this case, it's off of your table, and it goes on to him to continue his processes. If he continues to get everything done and abates the violations, at that point in time, he can file for code lien relief, as anybody else would. If he does not, then the fines would continue to accrue. CHAIRMAN KAUFMAN: I have a question for our attorney. Typically, that -- if the fines are imposed, it doesn't mean that this is in compliance. It just means that the fines are imposed. This still has to be -- come back to the Board to get the okay. MR. LETOURNEAU: No. MR. NOELL: Once you -- if you decide to impose the fines, then that is -- that's done, and the Board's function is then done. Then it can get forwarded to the County Attorney's Office to foreclose, or if the respondent goes forward with pursuing abatement, he can then seek relief through the Board of County Commissioners and show them through an affidavit or whatever evidentiary process the Board of County Commissioners has to show that I'm now in compliance, April 24, 2025 Page 78 and I'm requesting a reduction or an elimination of the fine -- the lien amount, because at that point it's no longer just a fine. It's a lien on the property, and that would be a whole separate process outside of this board. So long answer, the quick bullet point would be once you impose, the Board's function is then done, this board's function. MR. LETOURNEAU: But the fines do continue to accrue until the affidavit of compliance is completed. MR. NOELL: That's correct. CHAIRMAN KAUFMAN: Okay. MR. IANDIMARINO: Yeah. I believe, Mr. Chairman, that, you know, we've spent a lot of time bringing these cases back to this board. We've given this individual an opportunity to comply. He has cursorily done some items to comply, but it is taking a lot longer, and it just might be easier to impose on this one, as you did on the other one, and move on. CHAIRMAN KAUFMAN: Okay. Well, I'll make a motion that we impose the fine. BOARD MEMBER RUBENSTEIN: I second. CHAIRMAN KAUFMAN: The total fine. BOARD MEMBER AYASUN: Yep. BOARD MEMBER RUBENSTEIN: Including today's hearing costs. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Total fine will be 116,059.63. CHAIRMAN KAUFMAN: Will that include the 59.63? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. That's my motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? April 24, 2025 Page 79 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. That's the end. BOARD MEMBER RUBENSTEIN: I have a question. Counsel? Kevin, is the reason that this would move on and not come back to us is because of the total dollar amount on the two cases? BOARD MEMBER ELROD: No. We imposed. That's it. We're done. MR. NOELL: That's correct. Once you've imposed the fine, the liens -- or imposed the fine to a lien, the fines continue to accrue, but it's out of your hands at that point. Dollar amount's irrelevant. MR. LETOURNEAU: But he does have the opportunity -- there's a county resolution. Based on a percentage of the property value and the Property Appraiser's Office, he can come back and get a big reduction, because the property's really not appraised at a lot. So even at 20 percent, it would only be about $7,500. So he could get relief, you know, so -- but the fines do continue to accrue on both cases. BOARD MEMBER RUBENSTEIN: It still needs to be abated, the property. MR. LETOURNEAU: It does. The fines continue to accrue. BOARD MEMBER RUBENSTEIN: Will those come back to us then? MR. LETOURNEAU: No, okay. BOARD MEMBER RUBENSTEIN: Clear. CHAIRMAN KAUFMAN: Okay. Helen, moving on. MS. BUCHILLON: Next case, Case No. 10, April 24, 2025 Page 80 CESD20240004693, Marisol Morales Ponce. BOARD MEMBER BHATLA: Number 10? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER AYASUN: Number 10. MR. MORALES: I'm translating. I'm her son. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. MORALES: I swear. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. CHAIRMAN KAUFMAN: State your name on the microphone. THE COURT REPORTER: You need to answer out loud. MR. MORALES: Me? CHAIRMAN KAUFMAN: Both. MS. MORALES: I swear. THE COURT REPORTER: Okay. Your name? MS. MORALES: Marisol Morales. MR. MORALES: And my name is Luis Leanos (phonetic) Morales, son. I'm translating. CHAIRMAN KAUFMAN: Okay. Brian, you're here again. MR. OWEN: Yep. Brian Owen, Collier County Code Enforcement, for the record. Past orders: On October 24th of 2024, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6417, PG368, for more information. April 24, 2025 Page 81 The violation has not been abated as of April 24th, 2025. Fines and costs to date are as follows: Part 1, abated by October 30th of 2024 within the compliance deadline. Part 2, fines have accrued at a rate of $400 per day for a period from January 23rd, 2025, to April 24th, 2025, 92 days, for a total fine amount of $36,800. Fines continue to accrue. Previous assessed operational costs of 59.28 has been paid. Operational costs for today's hearing is 59.42, for a total fine amount of $36,859.42. CHAIRMAN KAUFMAN: Okay. Violation consists of, not limited to, unpermitted electrical throughout the property, unpermitted plumbing, unpermitted structure on the property, unpermitted conversion of a detached garage into living space, unpermitted changes to the lanai, partially enclosing it, and an addition of a laundry room on the back of the detached garage. Okay. Sir? MR. MORALES: Yes. CHAIRMAN KAUFMAN: Your turn to testify. MR. MORALES: I mean, I'm just translating. So everything I will hear, I will translate to her, and then I will just translate it back to you guys. Is that all right? CHAIRMAN KAUFMAN: Sure. You're just here to translate? MR. MORALES: Yeah. CHAIRMAN KAUFMAN: Okay. I understand. MR. MORALES: What do you want me to specifically to ask her? CHAIRMAN KAUFMAN: Okay. We're here to impose the fine or to grant additional time because of extenuating circumstances. So what does she want to address? MR. IANDIMARINO: Please interpret into the microphone. April 24, 2025 Page 82 Sir, over here. Please speak into the microphone, even in Spanish, back to her, so we can hear everything on the record. Thank you. MR. MORALES: No problem. So you want me to translate for her if she wants to ask for more time to -- as far as what she have done? CHAIRMAN KAUFMAN: Whatever she wants to say. MR. MORALES: She's asking for more time. She's working on everything. And yeah, she's doing the whole process. MR. OWEN: Chairman, if I may, I do have four records for it -- permits on file for this property to abate these violations. Two of them are currently under review. The garage conversion is under review. One of the sheds is under review. One of the shed permits, unfortunately, is in a rejected status, and then they have chosen to eliminate the violations under the lanai with a demolition permit. CHAIRMAN KAUFMAN: Okay. So she's been working with the contractor to resolve everything? MR. OWEN: That is correct. CHAIRMAN KAUFMAN: Okay. MR. OWEN: What I find within CityView and the permits that have been applied for, she's working towards abatement. CHAIRMAN KAUFMAN: Okay. How much time does she think she needs to come into compliance? MR. MORALES: First she needs the permission to -- for the demolition or the -- and the lanai? For the lanai. CHAIRMAN KAUFMAN: Okay. MR. MORALES: To know the specific time -- but she first needs the permission. CHAIRMAN KAUFMAN: So total time? BOARD MEMBER ELROD: Two months? Four months? Six months? CHAIRMAN KAUFMAN: Okay. April 24, 2025 Page 83 MR. MORALES: She says if you guys give the permission today, she will do it in this week, but four months, two months, it just depends. But she needs the permission to really know how to do it. CHAIRMAN KAUFMAN: Okay. From my perspective, she's been working with the contractor to get everything resolved, and I am in favor of granting her additional time to come into compliance. I just don't understand exactly how much time. Probably three or four months. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to continue for 120 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: I'll second that. BOARD MEMBER RUBENSTEIN: Discussion. CHAIRMAN KAUFMAN: Yeah. Let's vote on it, and then we'll have discussion. Go ahead. What's your question? BOARD MEMBER RUBENSTEIN: Yes. Question: How much has the property changed as far as getting resolved since the time the fine -- the violation was written up in? MR. OWEN: So there were more -- she had a bunch of stuff going on. There were RVs, illegal electrical, ACs. She's gotten rid of a lot of it. She's retaining the two sheds that were used as living quarters, but she's now using them as actual storage. The garage conversion she came into compliance with turning off that electrical. It is not occupied any further. And then she's going to demolish the violation underneath the lanai. So she's going in the right direction. It's just she's not 100 percent there yet. BOARD MEMBER RUBENSTEIN: So the effort's being made? MR. OWEN: Yes, sir. I have -- see evidence of that. BOARD MEMBER RUBENSTEIN: Okay. April 24, 2025 Page 84 CHAIRMAN KAUFMAN: Okay. So we have a motion and a second to grant a continuance of 120 days. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Are you adding the ops costs for today? BOARD MEMBER ELROD: Yes, 30 days for the 59.42. CHAIRMAN KAUFMAN: Okay. MR. MORALES: Who should she pay that? CHAIRMAN KAUFMAN: Brian will take care of it. Just let her know that if she doesn't get everything done in time, she can come back and describe what's been done, and the Board will certainly consider giving her additional time. MR. MORALES: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. MORALES: And besides that, just because maybe I couldn't hear because I was translating, what about the permission? Do you guys talk about it now? She's just got to just wait for the response? CHAIRMAN KAUFMAN: Talk to Brian out in the hall. He'll tell you exactly what -- MR. MORALES: No problem. Have a wonderful day. CHAIRMAN KAUFMAN: Okay. We have one more case, 11; is that correct? MS. BUCHILLON: Yes. One present and one not present. Number 11, CESD20210013130, Fairway Preserve at Olde April 24, 2025 Page 85 Cypress A Condominium. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. MOORE: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us, please. MR. MOORE: Arthur Moore. I'm the property manager for Fairway Preserve. CHAIRMAN KAUFMAN: Okay. Bradley, you want to read this into the record for us, please? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On August 22nd, 2024, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6419, Page 3197, for more information. The violation has not been abated as of April 24th, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from February 19th, 2025, to April 24th, 2025, 65 days, for a total fine amount of $16,250. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.42. Total amount, $16,309.42. CHAIRMAN KAUFMAN: Okay. Just looking at this quickly, in summary fashion, there's a bunch of car ports that you put lighting up on; is that -- MR. MOORE: Actually, they were completely rebuilt. April 24, 2025 Page 86 CHAIRMAN KAUFMAN: Okay. MR. MOORE: It was -- CHAIRMAN KAUFMAN: Destroyed during the hurricane? MR. MOORE: Yes. CHAIRMAN KAUFMAN: Okay. MR. MOORE: Well, first off, I just wish I had been here in August. I would understand this process better. It's been very educational sitting back there, and I would have come back for a continuance had I understood that that was an option. After Irma, the carports were destroyed. We rebuilt them initially. We were told that the electrical was like for like. There was a complaint filed. A code enforcement officer came out. We discovered that -- they determined it wasn't fully like for like, so they required us to go back and get a permit. The carports had been pretty much completed by that point. We went back and got the permit. We had a subcontractor come out and confirm that everything was in compliance, and then the contractor went out of business. So we went back to look to secure another contractor to go back in. It's 17 carports in total, 17 different permits, and in that process, we discovered that there was footers on the inspection which were partially -- the latter ones were inspected. I guess the contractor didn't realize they needed to be inspected even though they weren't replaced. And the long story short, that's the issue with closing the permits has been the footer. We were -- I was relying on the employee of the previous contractor who actually used to work for me a long time ago to shepherd this through the process. He got stuck. I've jumped back into it. And from what I've learned from my own investigations, the contractor sounds a little bit like the -- or the engineer sounds a little bit like the earlier engineer that was being discussed. He's persona April 24, 2025 Page 87 non grata. I thought it was just a matter of him coming into the county to get the -- there's a letter on file, but they weren't happy with the letter. So again, the electrical's all been done. It just hasn't been inspected. The permits haven't been inspected. We reopened -- I uploaded the reopened permits with the new contractor. We just finished uploading them last night. I have -- finally am talking to somebody at the county that has given me direction. He said get the electrical inspected, then he can come back, and he said he can get the footers taken off the inspection list so as we can go directly to final. And if that's true, then I have a finish line. So I'm -- as I said, I'm sorry that I'm back here because I didn't understand there was a continuance available, but I do think we have a finish line. But just so as you're aware, the electrical subcontractor did check all the work. It's just the inspection hadn't been done. And if I get the permits opened within the next five days, the first thing I have to do is just get that electrical inspection done, and then that portion will be closed. CHAIRMAN KAUFMAN: How long do you think it will take to get everything done? MR. MOORE: Oh, gosh, I would hope 60 days, but I'm not 100 percent certain. As I said, once the permits are open, we can get that electrical inspection taken care of. But my understanding of the case itself is that it's not just the electrical now. It's to finish the whole permit process. So if we get the electrical done, then I'm hoping the gentleman at the county is correct and that he can get the 12 footer inspections removed, and then that will no longer be an issue. If not, we have to get an engineering firm to come in and write up some kind of report in lieu of the inspections because the footers April 24, 2025 Page 88 are covered. They were footers for the original carports that had a post in them, and as part of the rebuilding, you don't dig up the footer, obviously. They just cut it off, fill it, and attach a bracket, and that's the part that was the confusion. But my understanding is they will be okay with it, but if not -- so the first part, the electrical should be within weeks. The second part, I'm not 100 percent certain yet. CHAIRMAN KAUFMAN: Bradley, would that electrical finalize this case? MR. HOLMES: No, because we're looking for the permits for the actual rebuild as well. CHAIRMAN KAUFMAN: Okay. So you think 90 days you'll be in good shape? MR. MOORE: I would think so. As I said, I finally have a game plan, because I'm speaking directly with somebody at Growth Management. Nobody else is involved at this point. I'm taking care of it. I mean, it is under a contractor license, but I'm the one running this through. And if what he's telling me is accurate, I would expect it to be 90 days, and this time I know that I have to come back if it isn't. But I would expect and hope -- this is four years, sir. It's the bane of my existence. I'm hoping it will be done. CHAIRMAN KAUFMAN: I understand. So anybody want to make a motion? BOARD MEMBER BHATLA: I'd make a motion for 90 days. CHAIRMAN KAUFMAN: Ninety days. BOARD MEMBER BHATLA: And pay the fine -- to pay the -- CHAIRMAN KAUFMAN: 59.42 to be paid within 30 days? BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. April 24, 2025 Page 89 BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MOORE: Thank you, sir. CHAIRMAN KAUFMAN: Good luck to you. MR. MOORE: Thank you very much. CHAIRMAN KAUFMAN: And no new hurricanes this season, because -- please. BOARD MEMBER AYASUN: Oh, yeah. Please. MS. BUCHILLON: Okay. We have a change to the agenda. Under imposition of fines, No. 9, CELU20220004113, Timothy L. Richardson and Tracey N. Richardson, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to adjust the agenda. BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. NOELL: And just for the record, my understanding, Ms. Buchillon -- Kevin Noell, attorney for the Code Enforcement Board. That case is being withdrawn because the respondents are not April 24, 2025 Page 90 present; is that right? MS. BUCHILLON: I did not get the excuse. MR. NOELL: I just wanted to be sure that notice had went out, because if this happens at the next meeting or the meeting after, I just want to make sure -- MS. BUCHILLON: Bradley could let you know right now. MR. HOLMES: Do I need to be sworn in? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. For the record, Bradley Holmes, Collier Code Enforcement. To my understanding, notice was completed sufficient to the 162, and at this juncture we're choosing to pull it for internal review and assessment, so... MR. NOELL: Okay. But the respondents were notified, then, as far as -- MR. HOLMES: They were fully notified, yes. MS. BUCHILLON: Yes. MR. NOELL: Thank you. I just wanted to have that on the record. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And all we have left is just a motion to amend previously issued order, No. 1, CELU20230010096, Henal Myrthil. We are amending the hearing date from June 27th, 2024, as a regular hearing. This should be January 23rd, 2025, for imposition of fines. CHAIRMAN KAUFMAN: Okay. I make a motion that we adjust that. BOARD MEMBER AYASUN: Second. All those in favor? BOARD MEMBER ELROD: (No verbal response.) April 24, 2025 Page 91 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We also have a bunch of stuff that -- MS. BUCHILLON: A few cases to be forwarded to the County Attorney's Office. CHAIRMAN KAUFMAN: Yes. We're looking for a motion on that. BOARD MEMBER ELROD: Make a motion to forward to the county's attorney. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: (No verbal response.) BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I see one, two, three, four of them. We don’t have to specify them? MS. BUCHILLON: No. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And that's it. Next hearing date, May 22nd, 2025. CHAIRMAN KAUFMAN: We are adjourned. MS. BUCHILLON: No. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And that's it. Next hearing date, May 22nd, 2025. CHAIRMAN KAUFMAN: We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :40 a.m. CODE ENFORCEMENT BOARD A- RO :ERT ►AilirAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on k' / , as presented Y or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.