Loading...
CEB Minutes 05/22/2025May 22, 2025 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 22, 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-Chari: John Fuentes Sue Curley Manmohan "Bart" N. Bhatla Kathleen Elrod (Excused) Lee Rubenstein (Excused) Tarik N. Ayasun (Excused) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board May 22, 2025 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need the record -- 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. Okay. Everybody stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Let's start with the roll call, Helen. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And Kathleen Elrod and Mr. Lee Rubenstein and Mr. Takik Ayasun are excused for today. CHAIRMAN KAUFMAN: Okay. Everybody has received the May 22, 2025 Page 3 minutes. Anybody have any changes in the minutes? (No response.) CHAIRMAN KAUFMAN: Not -- hearing none, get a motion from the Board to accept the minutes. BOARD MEMBER BHATLA: Make a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries. Which brings us to the agenda. MS. BUCHILLON: Yes, sir. We have some changes. We actually have four stipulations. Under hearings, No. 2, CEROW20230008291, Brazuko Group Corporation. Number 3, CEVR20230008292, Brazuko Group Corporation. Number 4, CESD20250000320, Brazuko Group Corporation. And No. 8, CESD20250000162, Hansan Zengin and Sevcan Zengin. And we have some withdrawns also. Under public hearings, hearings, No. 9, CEVR20250002447, Daniel Hadfeg, has been withdrawn. Number 11, CEROW20240008421, Lisa Reisman and Jason Bush, has been withdrawn. CHAIRMAN KAUFMAN: And those are all the changes for now. CHAIRMAN KAUFMAN: Get a motion from the Board to May 22, 2025 Page 4 accept the agenda which has been modified. BOARD MEMBER BHATLA: Make a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. BUCHILLON: We're going to start with two attorneys that we have. First case, under motions, two -- motion for extension of compliance deadline, No. 1, CESD20220008942, Salvatore A. Iannotta. CHAIRMAN KAUFMAN: Okay. If you would state your name on the microphone for us, please. MR. IANNOTTA: Salvatore Iannotta. MR. WOODWARD: Cameron Woodward. CHAIRMAN KAUFMAN: And you're the attorney for -- MR. WOODWARD: Yes, sir. CHAIRMAN KAUFMAN: -- Salvador? Okay. And for the county? MR. PACKARD: Jason Packard, Collier County Code Enforcement. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. May 22, 2025 Page 5 MR. WOODWARD: I do. MR. IANDIMARINO: I do. CHAIRMAN KAUFMAN: Okay. On the extension you want to speak first? MR. WOODWARD: Yes, sir. So we're here on an extension of time. We are requesting a six months' extension. Since our last appearance, the environmental permit, all that engineering has been done, and that permit has been issued, which requires the construction of, for water retention purposes, a lake on the property. Prior to that being completed, we were unsure as to where that lake would be located, and consequently, we were unable to begin the process of getting the structure permitted because the lake might be where the structure is actually located, which would necessitate tearing it down; however, we do have that location specified now. We know the size of it. The engineering has been completed, and the environmental permit has been issued. My client has retained Ellis Contracting, and they are beginning to do the paperwork to get the permit started on the structure. And once that's completed, we will have a permitted structure, the environmental permits will be taken care of, and the entire property will be brought into compliance. In light of that, we are requesting a six months' extension. CHAIRMAN KAUFMAN: What was the reason that the construction was started without a permit? MR. IANNOTTA: Bad contractor. CHAIRMAN KAUFMAN: What? MR. IANNOTTA: Bad contractor. MR. WOODWARD: The initial contractor that was retained to build the structure did not pull a permit. MR. IANNOTTA: And the property had an environmental -- MS. BUCHILLON: Can you speak into the microphone, sir, May 22, 2025 Page 6 please? MR. IANNOTTA: Then once we found out that he didn't do the permit, we got caught and had to come here, there was environmental issues on the property from 2001, but nobody knew what it was. They had no records of it. So that's what's been taking so much time. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Yeah. I'm just scrolling through all this, and considering what's been going on, it's -- you're here pretty fast with everything that you've done. I don't have a problem with an extension for whatever he's asking. CHAIRMAN KAUFMAN: Okay. Let me see if the county has anything. Jason. MR. PACKARD: I mean, as always, we ask for fines to begin, but this gentleman has maintained contact the entire time. He's retained counsel, he's got contractors lined up, ready to go. He applied for a permit initially and then ran into the stormwater stuff that he mentioned, and he's been in communication the entire time. CHAIRMAN KAUFMAN: Okay. You think six months is enough time to get a CO on this property? MR. WOODWARD: Granted I'm not a contractor, so I'm not familiar with Florida Building Code; however, we have no reason to believe that the structure itself will not -- is not built to code at this time. We just need to get it permitted. So six months from today would hopefully be enough time -- considering the environmental aspect of this has been taken care of -- to get this contractor, to get the paperworks in, get the permits restarted, get the inspections completed, and rectify any, hopefully, minor issues that are with the structure as it currently stands. CHAIRMAN KAUFMAN: Okay. Let me see if I understand this. On this -- is this to get the permit issued, or is this to get the permit issued and it's CO'ed? May 22, 2025 Page 7 MR. WOODWARD: From my understanding, it would be a CO. CHAIRMAN KAUFMAN: This is through CO? MR. LETOURNEAU: Yeah. Through CO, yep. CHAIRMAN KAUFMAN: Okay. You understand? MR. IANNOTTA: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: All right. Well, I'll make a -- I'll make a motion for an extension of time for six months. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion. And a second? Was that a second? BOARD MEMBER FUENTES: Yeah. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. WOODWARD: Thank you for your time today. CHAIRMAN KAUFMAN: We'll see you when it's cooler outside. MR. WOODWARD: Hope so. CHAIRMAN KAUFMAN: Helen, the next case is? MS. BUCHILLON: Next case, we are going all the way to motion for imposition of fines and liens, and it would be No. 5, May 22, 2025 Page 8 CELU20220004457, Lowe's Home Centers, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. KITTS: I do. MR. LIEBETREU: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. LIEBETREU: Zachary Liebetreu. CHAIRMAN KAUFMAN: Excuse me? MR. LIEBETREU: Zachary Liebetreu. CHAIRMAN KAUFMAN: Okay. You may want to pull that up a little bit. MR. KITTS: For the record, Ryan Kitts, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. This is turning in to be quite a case. We're here for the -- to implement the fine. What have you to say? MR. LIEBETREU: All right. So good morning, Board Members. My name is Zachary Liebetreu here representing Lowe's. First I would like to begin by thanking the Collier County Planning and Zoning staff for their time and assistance so far. They've been incredibly helpful with helping us to address the violations, submit the SDPI application, which that SDPI application will remedy the code violations by approving the outdoor storage. So to give you just a little overview of how we got this far and what has happened, the code -- or the code enforcement case was opened in 2022 following the inspections and hearing. By 2023, several of the violations were actually resolved, and the SDPI was submitted. And then throughout 2024, we had, obviously, multiple May 22, 2025 Page 9 back-and-forths with county Planning and Zoning staff on this SDPI. We further cleaned up some of these outdoor storage areas. And then recently, in February of this year, the county feedback on the SDPI site plan indicated that we would need an administrative parking reduction to accommodate. We're using some of the parking spots on the east side of the property to facilitate that outdoor storage and hold the items. So the county told us that we would be about eight parking spaces short and that we need to submit an administrative parking reduction to accommodate that. When I was on the phone with staff, it doesn't seem like that's, you know, that big of an ask. It should be pretty simple. So we submitted our APR application in March, a couple weeks, you know, after we got that feedback from the county, and it has been under county review ever since. So I'll be following up with them shortly after this hearing. CHAIRMAN KAUFMAN: Let me cut you a little short. MR. LIEBETREU: Okay. CHAIRMAN KAUFMAN: According to my paperwork, it said the violation has not been abated -- MR. LIEBETREU: Right. CHAIRMAN KAUFMAN: -- which handcuffs the Board. We can do one of two things. We can impose the fine, or we could grant an extension, if that's what you're requesting, but -- MR. LIEBETREU: Yes. So next, you know, I would be requesting a 120-day continuance on the motion for imposition of fines. And I do think that would give us enough time to get the APR approved, and then once we get the APR approved, you note that APR number, you redo the parking calculations on the site plan, resubmit that to the SDPI application. And that's one of the only remaining issues on the SDPI is this parking issue. May 22, 2025 Page 10 So once that's resolved, we'll be able to pull the building permits, the fence permits to screen the outdoor storage, and then the code case should be resolved. So I think 180 days would be enough. BOARD MEMBER CURLEY: Let's hear from the -- oh, sorry -- county. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. He did mention -- you said extension. He did mention continuance. The county would object to an extension at this point, but -- yeah. CHAIRMAN KAUFMAN: No, I agree. Continuance. Okay. County? MR. KITTS: As always, we're here to impose the fines, but we also agree with -- we're good with giving them a continuance of 120 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I just took some notes. We've all been through -- been with this case from the beginning, before you, and store managers, and we have vague memories of it from '22. But -- so just the little gap, like, the 60 days that you're waiting from the county for the eight-parking-space you know, approval, and then between '23 and '24, the SDPI, back and forth, back and forth with the county. So really we have, like, two years and 60 days of delays because of the county dragnet. BOARD MEMBER FUENTES: Well, not two years. The last time we had the hearing, I imposed the fines because they had no update. BOARD MEMBER CURLEY: Well, that's probably another case. MR. LIEBETREU: That was the North Naples location. This is South Naples. BOARD MEMBER CURLEY: So I mean, I get that this is long May 22, 2025 Page 11 but, I mean, it shouldn't take 60 days for a small piece of this which is waiting for a lot of things. And this isn't like a small case. This is on the news. I mean, this has been around a long time, and I sort of empathize with Lowe's because of the delays. And I would grant -- at this point, I would grant as long as they would like. CHAIRMAN KAUFMAN: Hundred and twenty days. BOARD MEMBER CURLEY: Yeah, because I think it's -- I think it's too much dragnet. MR. LIEBETREU: I think the request was for 180 days, but, obviously, that's up to you. CHAIRMAN KAUFMAN: I thought someone said 120 days. Is my hearing going? BOARD MEMBER CURLEY: Yes, your hearing's going. But, I mean, if it took two years back and forth for the SDPI, I mean -- and I'm not going to -- I'm not saying we're going to audit the file on it now, but 60 days just to find out if the eight spaces can come or go. CHAIRMAN KAUFMAN: Why don't we grant -- MR. LETOURNEAU: Also, I'm not going to -- I don't believe that it was all the county's fault that this thing has taken so long, just for the record. I think that Lowe's dragged their feet quite a bit on this issue, looking at the dates on the planning application. BOARD MEMBER CURLEY: No, I agree, but at some point we've got to -- at some point it just can't take 60 days for a tiny little thing to be -- MR. LETOURNEAU: And there's been no activity on that planning application since February. MR. LIEBETREU: So I can address that. There was -- the feedback we got on the SDPI application in February was that we would need an administrative parking reduction, and there was a couple little notes on landscaping as well, just more detail. So we've got the landscaping done on the site plan this draft format, and then May 22, 2025 Page 12 we're just waiting for the APR to get approved so that we can note that on the site plan and resubmit it. CHAIRMAN KAUFMAN: What's the county saying as far as how long is it going to take for your APR approval? MR. LIEBETREU: As far as I know, it was -- it was made clear to me that it would be very simple and routine, so I do not know why it has taken this long. CHAIRMAN KAUFMAN: Have you been in contact with the county asking them that question? MR. LIEBETREU: I've been -- for the North Naples location there's been some back and forth on the APR, but for the South Naples location, I've not reached out yet. BOARD MEMBER CURLEY: I mean, don't get me wrong, I don't believe that -- I mean, there's lots of fines here, and I'm sure there'll be fines imposed at some point. And I believe that when this was built, and these current ones are still being built, that there's topics and items that are not being discussed when they're being built. I mean, this -- the neighborhood behind this has been struggling for 15 years with this, and it's not new that they put their Christmas trees out in the parking lot every year, and their mulch, every year. This has been going on for the life of this store. MR. LETOURNEAU: Well, that's true. I just wanted to point out that the case is now three years old. BOARD MEMBER CURLEY: Right, for sure. But they need more time. MR. LETOURNEAU: No, I get it, and we're not opposed to a continuance. And besides the parking reduction, he also mentioned that a fence is going to have to be constructed and some other things, I believe, and those building permits are going to have to be pulled, too. BOARD MEMBER CURLEY: All while fines accrue. May 22, 2025 Page 13 CHAIRMAN KAUFMAN: I would suggest to the Board that we grant a continuance and it's the last continuance. Should we come back on this again, we're going to impose the full fine, which continues to accrue at $500 a day, I believe. Yes. BOARD MEMBER CURLEY: Right. But then it gets sticky where it shouldn't take 65 days for one small little piece of an approval process to happen with the county. You -- CHAIRMAN KAUFMAN: I agree. So instead of 180 days, why don't you put them on a shorter leash? BOARD MEMBER CURLEY: So why don't we put this in the VIP file for the county to get it moving so they don't have to suffer any more delays? I mean, they've hired counsel. I truly believe this is going as fast as possible since this gentleman and his firm took over. CHAIRMAN KAUFMAN: Okay. Pick a number. BOARD MEMBER CURLEY: I already said I agree with whatever extension they need, but I'm not going to do, "This is the last one, or we're going to fine you." I'm not going to threaten anyone like that, because I feel like the county has to step up and move things forward quicker. MR. LIEBETREU: We would be happy to come back in 180 days and tell you -- you know, update you on our progress and give you a status report. You know, ideally, we can be totally, you know, compliant by then but, you know, we'd be happy to come back and talk with you. BOARD MEMBER CURLEY: I think the permitting department, you know, we would like for both -- both parties to come back and tell us how happy they are that this case is over. BOARD MEMBER FUENTES: Is it just because it's Lowe's that we're so lenient? Three years old? Just curious. Typically, we don't have these discussions. So I'm kind of curious as to why, when May 22, 2025 Page 14 we have -- this is the second time we have Lowe's -- not your case. But it's like every time Lowe's comes up here, we have to feel a certain way because it's a commercial big name -- BOARD MEMBER CURLEY: No. BOARD MEMBER FUENTES: -- but we're more strict on our residential homes. BOARD MEMBER CURLEY: No. Please do not put words into my mouth. That is untrue, and if that's the way you feel -- BOARD MEMBER FUENTES: No, I'm not putting words, just talking about how we've handled it. BOARD MEMBER CURLEY: No, I'm not even talking to you. CHAIRMAN KAUFMAN: Okay. Do you want to make a motion? BOARD MEMBER CURLEY: I will leave this board if you insist on putting words in my mouth that I have some sort of favoritism towards a commercial owner. That is unfair and not -- CHAIRMAN KAUFMAN: Okay. Okay. BOARD MEMBER FUENTES: I apologize if you felt that way. What I meant, we as a board, we've had two of these hearings. BOARD MEMBER BHATLA: I would make a motion for 120 days. BOARD MEMBER CURLEY: I second that motion. CHAIRMAN KAUFMAN: They're asking for 180. You're going to make a motion for how many days? BOARD MEMBER BHATLA: Hundred eighty days is fine. CHAIRMAN KAUFMAN: Okay. We have a motion -- BOARD MEMBER CURLEY: I second that. CHAIRMAN KAUFMAN: -- to grant a continuance for 180 days. Do we have a second on the motion? MR. LETOURNEAU: Hold on. Including ops cost for today. CHAIRMAN KAUFMAN: Including ops cost for today. And May 22, 2025 Page 15 we have a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. It passes 3-1. You have 180 days. I'm not threatening. It's on the paper that you need to have it done. And it's getting old, okay? If you're having problems with the county, you probably know which is the best direction to go to motivate the county to -- show them the copy of this. Okay. MR. LIEBETREU: All right. Thank you. CHAIRMAN KAUFMAN: Okay. MR. KITTS: Thank you. CHAIRMAN KAUFMAN: Are we going to the stips next or extension of times? MS. BUCHILLON: It's up to you. Do you want to start with the stips, or do you want to do the extension of time? CHAIRMAN KAUFMAN: Let's do the stips. first. MS. BUCHILLON: Okay. All right. First case up, under public hearings, hearings, first stipulation, No. 2, CEROW20230008291, Brazuko Group Corporation. Do you want me to read all of them in now or one at a time? CHAIRMAN KAUFMAN: One at a time. MS. BUCHILLON: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. And you probably want to know what notification was May 22, 2025 Page 16 sent out? MS. BUCHILLON: For the record, respondents were notified regular and certified mail May 5th, 2025, and it was also posted at the property and courthouse May 6th, 2025. CHAIRMAN KAUFMAN: Okay. So these are all similar, the four? MR. MIGAL: There are three separate cases for the same property. CHAIRMAN KAUFMAN: Two, three, and four. Why don't we read them all, vote on them separately. Okay? MR. MIGAL: Okay. CHAIRMAN KAUFMAN: So the first one is -- ends in 291, last three digits of the case number. MR. MIGAL: Yep. Okay. For the record, Rick Migal, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondents shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County right-of-way permits, pass required inspections, and be issued a certificate of completion/final for the driveway entrance and culvert installed on -- excuse me -- off of Green Boulevard, or obtain a demo permit and remove the right-of-way within 120 days of this hearing, or a fine of $100 per 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 that 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 method to bring the violation into compliance and may use the assistance of the Collier May 22, 2025 Page 17 County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I have a question. Who's the owner? I mean, I see that there's a name. MR. MIGAL: The house is under an LLC called Brazuko Group, and the gentleman who signed it is the CEO and the registered agent, which is the son of the dad. BOARD MEMBER CURLEY: The person living there? MR. MIGAL: They're both living there, on property. CHAIRMAN KAUFMAN: So this is -- the three properties have the same violation? MR. MIGAL: Same property has three violations. CHAIRMAN KAUFMAN: Let me make a motion that we accept the stipulation as written on the first one. BOARD MEMBER CURLEY: I second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The second one, I'll read the number into the record, and I'll make the same motion. CEVR20230008292. Is that the one, Rick? MR. MIGAL: I'm sorry. Yes, it is, sir. CHAIRMAN KAUFMAN: Okay. I make a motion we accept the stipulation as written. All those in favor -- well, seconded? May 22, 2025 Page 18 BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: We're not reading that one in? CHAIRMAN KAUFMAN: No. They're all the same except for a different address. BOARD MEMBER CURLEY: Oh, I'm -- okay. CHAIRMAN KAUFMAN: The next one, which is Case No. CESD20250000320, I'll make the same motion, to accept the stipulation as written. Can I get a second? BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Rick, great. MR. MIGAL: Thank you. MS. BUCHILLON: And our last stipulation, No. 8, CESD20250000162, Hansan Zengin and Sevcan Zengin. BOARD MEMBER CURLEY: We accepted the stipulations as written but we did not vote on them, on any of them. May 22, 2025 Page 19 CHAIRMAN KAUFMAN: Okay. For the -- for the first one, all those in favor of the stipulation that we just did. BOARD MEMBER FUENTES: We voted on that one. Aye. CHAIRMAN KAUFMAN: Okay. The second one? BOARD MEMBER FUENTES: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. And the last one? BOARD MEMBER FUENTES: Aye. Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Okay. Which brings us to -- this case number is CESD20250000162. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. For the record, Rick Migal, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondents shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificates of completion/occupancy for the pool cage within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify -- excuse me -- Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; May 22, 2025 Page 20 Number 4, that the respondent fails to -- 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. Notification? MS. BUCHILLON: Respondents were notified regular and certified mail on May 5th, 2025, and it was also posted at the property and courthouse May 6th, 2025. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Rick. MR. MIGAL: Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: We're still under public hearings. Under motions, 1, motion for a continuance of imposition of fines hearing, No. 1, CESD20180012140, Armando Yzaguirre. May 22, 2025 Page 21 BOARD MEMBER CURLEY: My imposition of fine No. 1 ends in 426. MS. PEREZ: Continuance. MS. BUCHILLON: It's a continuance. MR. IANDIMARINO: Page 1. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. MR. YAGUIRRE: I do. CHAIRMAN KAUFMAN: Okay. I'm a little confused on where we are here. BOARD MEMBER CURLEY: You said imposition of fines, Helen. That's why we're -- CHAIRMAN KAUFMAN: No. This is -- MS. BUCHILLON: I said motion for continuance of imposition of fines, No. 1. It says Tenchitas, LLC, on the sheet that I have there for you. CHAIRMAN KAUFMAN: Tenchitas, LLC. This one? MS. BUCHILLON: Yes, uh-huh. Yes. CHAIRMAN KAUFMAN: Got it. Let me read the -- give the Board a chance to read the letter. When was this case heard originally? MS. PEREZ: The case originally came to you -- BOARD MEMBER CURLEY: It's a 2018 case. MS. PEREZ: Yes, it is a case that has been on the books for some time. BOARD MEMBER CURLEY: Well, I can't find it in the list here, so we're going to need a summary on it. MS. PEREZ: For the record, Cristina Perez, Collier County. So Mr. Yzaguirre is here to request the -- time from the Board, May 22, 2025 Page 22 additional time from his prior request for more time. CHAIRMAN KAUFMAN: This was heard how many times? MS. PEREZ: The original hearing came to you in June 2024, and they've requested one extension, so this would be their second extension. CHAIRMAN KAUFMAN: Okay. And the last case that we heard, we granted an extension of how much time? MS. PEREZ: I'll give you that. BOARD MEMBER CURLEY: So it says -- I mean, so -- so I have to read all through here. So it's expired Collier County building permits for convenience store under construction. Is that what it is? MS. PEREZ: Yes. He is noted in two sections of the agenda. BOARD MEMBER CURLEY: So is someone going to give us a summary of what's going on so -- or do we need to pause and read it? CHAIRMAN KAUFMAN: The respondent's going to. MS. PEREZ: Yeah. Mr. Armando is here to discuss his project as to why he needs additional time. I can tell you that the -- initially they applied for their building permit, as they should have, and that permit -- my understanding is they have issues with their contractor. That permit expired. When the contractor initiated the permit again to reinstate it, some time had lapsed, and the county required them to resubmit a Site Development Plan so that they could, you know, update the Site Development Plan. So that was applied for in July of 2022, and that's what's taken time -- you know, it's taken a long time. They resubmitted additional plans in April of this year, some corrections to that Site Improvement Plan application, and they were denied yesterday. They got the final rejections from Transportation. So they haven't even received the letter of those corrections yet, May 22, 2025 Page 23 so I'm not sure what that's going to all entail. But as of yesterday, the county finished reviewing that submittal. And they'll send Mr. Yzaguirre's contractor a letter explaining what else needs to be done in order to reinstate. But unfortunately, all reviews but one item were rejected again. CHAIRMAN KAUFMAN: Are they conducting business there now? MS. PEREZ: They're not. The project is -- they had six inspections that had passed when they did construct the building. The building has the exterior walls, the roof, windows, and doors, so it is a secured building. They have a fence around the back area where they were putting in the fuel tanks, so that's secured as well with a chain-link fence. He maintains the property. You know, he actually conducts business right next door. That's where his office is, so he's, you know, on the site, you know, every day. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: But he can speak to his delays as far as his contractor. CHAIRMAN KAUFMAN: Okay. Why don't you let us know what's going on, why you need the extra time. MR. YZAGUIRRE: First of all, some of the things have not been reviewed, and we don't -- till they review it, we won't know what's wrong or what needs to be fixed on the -- so we can continue with this project. So basically that's -- that's the holdup. And I'm just requesting for some more time to -- I need to finish this project as soon as I can, but it's just -- CHAIRMAN KAUFMAN: How much time do you need? MR. YAGUIRRE: A hundred and twenty days. CHAIRMAN KAUFMAN: You think you'll have it done in 120 days? MR. YAGUIRRE: I don't know. In 120 days, the county May 22, 2025 Page 24 should have everything it needs, their request, whatever changes, because they made us do a turn -- turning lane, and that's probably one of the biggest things that has to be done, since the traffic in Immokalee has really become very strong now. It's -- New Market Road has a lot of traffic. So we'll try to, in 120 days, have everything that the county needs to be -- to finalize all our project here. CHAIRMAN KAUFMAN: Okay. Cristine, has the respondent been in touch with Code Enforcement on a regular basis? MS. PEREZ: Yes. I do stand corrected. There is one review that's left by the county to do. It's an engineer's stormwater review. That was due 5/14. So we're pending for the county to be able to review that. Then he will get that correction letter. And then I do just want to make sure that Mr. Yzaguirre, for the record, understands that it's not just this Site Improvement Plan that has to be done. The permit itself has to then be reinstated. I'm not sure if the county's going to require new plans and all that, because that permit was initially issued back in June of 2014. So he may need to -- you know, like, reapply for that permit, and then the order would be for him to complete the permit, inspections, and the building to get a CO. So it may require more than the 120 days. The 120 days might be just for him to be able to resubmit, you know, the -- this rejection and then get comments back. Because it all depends how long the engineer's going to take for him to make the changes. I mean, they rejected everything; the zoning, utilities, landscaping, transportation, architectural. It's all in rejection status. CHAIRMAN KAUFMAN: So 120 days won't cut it? MS. PEREZ: That might cut it just for him to be able to get the -- you know, the site plan approved. Then they have to move forward with the building. Because this case is for the building permit being expired, but unfortunately, he has to cross the Site May 22, 2025 Page 25 Development Plan approval before he can get to the permit. CHAIRMAN KAUFMAN: Mostly paperwork. The building is built. MS. PEREZ: It's semi built. CHAIRMAN KAUFMAN: Pass the inspections? MS. PEREZ: They passed the inspections to the point where they have now. All the interior is still open, open trusses, open -- you know, it's in construction progress. Mr. Yzaguirre stopped, you know, progress of the construction when this case started. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: And so this case was sent to us because there was not -- no movement with the owner? MS. PEREZ: Correct. There would be movement from the contractor, but then it would halt. Mr. Yzaguirre, you know, would defer back to his contractor, and we only hear from the contractor when -- you know, when Mr. Yzaguirre's coming to a hearing. BOARD MEMBER CURLEY: So this case will go away once an active permit is in place? MS. PEREZ: Once he finishes his construction of the convenience store. BOARD MEMBER CURLEY: Oh. I thought -- CHAIRMAN KAUFMAN: When they get a CO. MS. PEREZ: When they get the CO. BOARD MEMBER CURLEY: I thought this was an expired Collier County permit. MS. PEREZ: Right. BOARD MEMBER CURLEY: Once he has an unexpired Collier County permit, this case goes away for us? MS. PEREZ: Well, the order requires him to do the inspections and the certificate of completion. BOARD MEMBER CURLEY: That could be three years. May 22, 2025 Page 26 MS. PEREZ: It could be. That's why I wanted to emphasize that on the record that it's not just the site plan that -- right now he's pending on the site plan, but after that -- the site plan's only the bump in the road for him to get to that permit. Our issue is the expired permit. BOARD MEMBER CURLEY: I feel like this isn't our business. I feel like we shouldn't -- BOARD MEMBER FUENTES: How much time do you give? BOARD MEMBER CURLEY: I get that he's here now, but I mean, this is a county thing. CHAIRMAN KAUFMAN: I would suggest to the Board to grant enough time to review what's been done in six months. So if we grant a continuance for six months, the respondent comes back and says, "I got this done, that done, this done" and then probably at that time we'll have a better idea of when he'll be able to get a CO. The permit will have to be reissued, as you said. So all that should be done within six months. MS. PEREZ: I would be hopeful that he is well progressed to where we're getting closer to giving you a timeline on that, or he's closer. CHAIRMAN KAUFMAN: I'd like to make a motion that we grant a continuance for 180 days, six months. BOARD MEMBER CURLEY: So Mr. Kaufman signed this order June 27th of 2024. CHAIRMAN KAUFMAN: A year ago, almost. And -- BOARD MEMBER FUENTES: We have a motion -- do you have a motion, then? CHAIRMAN KAUFMAN: I made a motion, and that the -- BOARD MEMBER FUENTES: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to grant a continuance for six months. In the meantime, the May 22, 2025 Page 27 fines will continue to accrue, and at that time, six months from now, we'll see what's left to be done. MR. NOELL: Is there any operation costs as part of that motion? CHAIRMAN KAUFMAN: Yes, they are. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) BOARD MEMBER CURLEY: Me, I oppose. CHAIRMAN KAUFMAN: Okay. It passes 3-1. Okay. Now, we have another case on this. MS. BUCHILLON: We need to withdraw the case from the imposition of fines, which is No. 10, CESD20180012140. CHAIRMAN KAUFMAN: Yeah. I'd like to make a motion to withdraw that case. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: It's seconded. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Okay. MR. YAGUIRRE: Thank you. MS. BUCHILLON: Next case, we are still under motions, No. May 22, 2025 Page 28 2, motion for extension of compliance deadline, also No. 2, CESD20240002851, Jorge Almaral Cordovas. 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. MARTIN: I do. 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. ROBERTSON: I do. MR. CORDOVAS: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. MARTIN: My name is Steven Abreu (phonetic) Martin. I am translating for my father-in-law. CHAIRMAN KAUFMAN: Okay. Have you sworn him in as a translator? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: You have, okay. And could you both speak up. I can barely hear you there. MR. MARTIN: Yes. Can you hear me now? CHAIRMAN KAUFMAN: Yes. MR. MARTIN: His name is Jorge. We're trying to get an extension. BOARD MEMBER FUENTES: I'm going to need you to speak up on that mic, please. Pull it closer, if you can. MR. MARTIN: Can you hear me now? BOARD MEMBER FUENTES: Yes. MR. MARTIN: He's trying to get an extension for his permits for six months because the engineer that tried to do his work, we had a situation, and we were trying to extend it because there wasn't May 22, 2025 Page 29 enough time. CHAIRMAN KAUFMAN: Okay. Is this Sarmiento? MR. IANDIMARINO: If we could hear the place, please. THE COURT REPORTER: Could you state your name again? MR. ROBERTSON: Jaymie Robertson, collier County Code Enforcement. MR. IANDIMARINO: I apologize. MR. ROBERTSON: This is an extension for -- he's a motion for an extension. And he applied for a permit and had issues with the engineer. BOARD MEMBER FUENTES: I can't hear anybody. MR. ROBERTSON: He had issues with the engineer, so he had already applied for the permits, and he sent in for motion to extend the time. CHAIRMAN KAUFMAN: We have a problem -- BOARD MEMBER FUENTES: Is there a problem with the microphones today? BOARD MEMBER CURLEY: Talk louder. MR. ROBERTSON: Can you hear me? I'm right up to it. BOARD MEMBER FUENTES: Maybe it's the volume? Is there something there? MS. BUCHILLON: No. I think everybody's speaking too low. BOARD MEMBER CURLEY: Yeah. Just talk louder. BOARD MEMBER FUENTES: Got to speak with the chest. We want to hear you. MR. ROBERTSON: Hello? CHAIRMAN KAUFMAN: Hello. MR. ROBERTSON: Check. So he had originally applied for a permit, and he had issues with the engineer, so he had to resubmit, which he did. And the permit was rejected, and so he needs to resubmit -- re-submittal for corrections, and he has a letter for a May 22, 2025 Page 30 motion of continuance. BOARD MEMBER FUENTES: When was it rejected? MR. ROBERTSON: It was rejected 4/25/25. CHAIRMAN KAUFMAN: Do you know who the engineer was? There seemed to be an internal problem with a particular engineer with stamping of -- is this Sarmiento? BOARD MEMBER FUENTES: Octavio. CHAIRMAN KAUFMAN: Yeah. That's what I thought. MR. ROBERTSON: I didn't want to say it. BOARD MEMBER CURLEY: Well, we need to make that clear, so we need to hear that. And I couldn't hear what you said, sir, on behalf of your father [sic]. MR. MARTIN: He was Samwel (phonetic), so -- the engineer that was trying to do it, that is a situation, an issue. So from then, there, they were trying to reinstate their permit, and that's what he was trying to say. CHAIRMAN KAUFMAN: Okay. How much time do you think it will take to get this done? MR. MARTIN: It's depending on how long the county is going to let him to reinstate his permit. Like -- BOARD MEMBER FUENTES: Did you guys currently hire somebody to replace the prior engineer? MR. IANDIMARINO: Sir, if you speak into the microphone even in Spanish. Sir, if your father-in-law could speak into the microphone as well, and then you can translate, please. Thank you. CHAIRMAN KAUFMAN: Okay. Now tell us what you just said. MR. IANDIMARINO: Now could you interpret for him? MR. MARTIN: So pretty much what he was trying to explain is that when they tried to get a new engineer, they got that engineer. He gave him the excuse, to the last engineer, that he was sick or May 22, 2025 Page 31 something like that, and pretty much he was waiting on the county to give them reinstatement on that. And he was waiting for signatures and stuff like that. It was pretty much what they did. They tried to do the reinstatement. They already have a new engineer to do the work. CHAIRMAN KAUFMAN: Okay. That answers John's question about do you have a new engineer. MR. MARTIN: Yes. CHAIRMAN KAUFMAN: The answer is yes. MR. MARTIN: Yes. CHAIRMAN KAUFMAN: Do you ever hear about pulling teeth? BOARD MEMBER CURLEY: So I'm surprised that we're even hearing some of these cases based on what we kind of know already, and the county, like, would maybe step in before they come here and have to pay the $49 and all this. I mean, we really should have a little bit more proactivity for these people having to bring their friends and sons, you know, to help them, you know, communicate with us. So I don't know if the county wants to pull this case and they want to work with this gentleman based on what we know. What's up? (Cristina Perez was previously duly sworn.) MS. PEREZ: For the record, Cristina Perez. There's an order existing on this -- on this case, so it had to come before you to grant additional time. They did submit this prior to, so we were proactive to talk to the property owner and ask him to come and send you -- you know, send a request for more time so he doesn't fall into the continuance and is granted an extension. So as Investigator Robertson mentioned, he initially did apply for a permit. That permit was applied for actually last year, July of May 22, 2025 Page 32 2024, with the engineer that's no longer being accepted. Then Mr. -- Mr. Jorge asked his permit tech to resubmit a new permit, so they resubmitted that permit in March of this year. It was rejected April of this year. And now we're pending on them to resubmit those corrections. So they're not waiting on the county. The county's waiting on them to do the re-submittal. CHAIRMAN KAUFMAN: Okay. Do you understand what Cristine [sic] just said? MR. MARTIN: Yes. CHAIRMAN KAUFMAN: So you're not waiting for the county. The ball is in your court. BOARD MEMBER CURLEY: Can you give him a microphone? CHAIRMAN KAUFMAN: You need to speak -- BOARD MEMBER FUENTES: Here's the thing: You guys cannot communicate without communicating in the microphone. We're wasting a lot of time because you guys continue to talk among each other, and we can't hear you. Talk among -- talk on the mic so that we can hear you interpret. She can jot it down, and we can hear what you guys are saying, but we're losing time here. CHAIRMAN KAUFMAN: Okay. When you interpret, what you say in Spanish you then need to say in English so we understand, okay. Both ways, okay? And speak loudly. MR. MARTIN: He's waiting on to see -- he's trying to see if he can get permission. He's trying to get it authorized so he can legalize it. CHAIRMAN KAUFMAN: So he can what? MR. MARTIN: That's why he's trying to get an extension. CHAIRMAN KAUFMAN: He's trying to get an extension. What is he waiting for? May 22, 2025 Page 33 MR. MARTIN: He's waiting for the results from the county. MS. PEREZ: The county provided those results in the month of April, the end of April. So it's now in Mr. Sarmiento's hands for them to resubmit. BOARD MEMBER CURLEY: Did the county provide those results to his contractor? MS. PEREZ: Yes. They provided them to Mr. Octavio. BOARD MEMBER CURLEY: I thought he wasn't using him anymore. MS. PEREZ: No. I didn't say he wasn't using him. He just was using a different engineer. BOARD MEMBER CURLEY: Okay. BOARD MEMBER FUENTES: Why don't we do this: We're going to lose a lot of -- why don't we just grant the -- he needs to figure it out. We know he used Octavio. Why don't we just grant him the continuation -- the continuance? CHAIRMAN KAUFMAN: Okay. Do you want to make a motion at this point? BOARD MEMBER FUENTES: Yeah. At this point, absolutely. MR. LETOURNEAU: It's an extension, not a continuance. BOARD MEMBER FUENTES: I apologize. Okay. So let's go ahead and give them the extension. Let's give him an extension -- CHAIRMAN KAUFMAN: Hold on a second. When you do an extension, that resets everything. BOARD MEMBER CURLEY: Good. MR. LETOURNEAU: That's correct. They applied for the extension before their compliance date. BOARD MEMBER FUENTES: Perfect. Perfect. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: And how much time did you say May 22, 2025 Page 34 you needed to get this done? MR. MARTIN: Six months. He said maybe six months. BOARD MEMBER FUENTES: That's perfect. That seems to be today's number. BOARD MEMBER CURLEY: Okay. I'll make an extension for a year and a half, because until this gentleman learns he's going to have to find a completely new crew to work on his behalf then -- BOARD MEMBER FUENTES: Well, I think a year and a half might be a little long. BOARD MEMBER CURLEY: Well, let's see. BOARD MEMBER FUENTES: We'll give him six months; he can come back. BOARD MEMBER CURLEY: He can come back -- maybe he can come back in a year, and we'll be, like, "Wow, you did it a half a year early." Okay. If you don't like it, you make your own. BOARD MEMBER FUENTES: Well, I was trying to make it, but you made one, so let's vote on that one. Let's vote on that one. BOARD MEMBER BHATLA: We could do only six months, and then -- CHAIRMAN KAUFMAN: I'm for six months. BOARD MEMBER BHATLA: And have him come back. BOARD MEMBER CURLEY: Well, come back -- THE COURT REPORTER: I can only get one at a time. BOARD MEMBER CURLEY: We'll come back and hear Octavio's name again. BOARD MEMBER FUENTES: Okay. We're going to make a motion to grant -- it's an extension for six months. Okay. CHAIRMAN KAUFMAN: I second it. You have a motion. I seconded it. BOARD MEMBER CURLEY: So here's some discussion on the motion. The gentleman that's asking for the six months doesn't May 22, 2025 Page 35 even know that the county has given all the responses back to his -- his contractor. So if he -- so it doesn't -- I don't feel confident that he even realizes that -- what he's asking for. And the person that he's using is not even communicating with him. Almost a month ago he's had the responses. CHAIRMAN KAUFMAN: The problem is we can't hold everybody's hand to everything. BOARD MEMBER FUENTES: You already have a solution. CHAIRMAN KAUFMAN: This is not ours. You granted -- BOARD MEMBER FUENTES: Cristina Perez is here. She's a solution. We're good. She talks Spanish. We have a motion. Let's vote. CHAIRMAN KAUFMAN: We have a motion and a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. You have six months. Okay. Again, remind him that the county has responded, so you're not waiting for the county to respond to you. MR. MARTIN: Okay. CHAIRMAN KAUFMAN: Okay. Cristine, could you explain that to him in the hall? MS. PEREZ: Yes, sir. CHAIRMAN KAUFMAN: Okay, thank you. Okay. We're done. You can take the microphone home with you. May 22, 2025 Page 36 MS. BUCHILLON: We're still under motion for extension of compliance deadline, No. 3, CESD20240005039, 3195 GGE, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARTINEZ: I do. MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, please. MR. MARTINEZ: Hi. My name is Agustin Martinez. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: I'm here because I probably need another extension for 120 days. We apply for the violation we had on the property. We get a reject letter from the county. We resubmit it today, what we needed. Now they're asking for another inspection on the same violation. They already did that when we applied for the roof, but now they want an engineer put it on the -- on the package, on the inspection the engineer did. So we're waiting for the engineer to come to the house and do the two inspection and resubmit to the county again. That's the only part of the process that we're waiting right now. The county already did -- they already did that inspection when we did the roof because it was on the lanai, so we have to incorporate it on the roof permit, that part of the house, and now they want the engineer to do that inspection. So we went back to the engineer, and then we waiting for them to reschedule an inspection to look at it, sign it, and submit it back to the county. CHAIRMAN KAUFMAN: And when are they going to do that? MR. MARTINEZ: I talked to them. I don't know, I talked to May 22, 2025 Page 37 the engineer. We're just waiting -- I don't know. I'm trying to push him and see if he can expedite that process. But that's the only thing. That inspection's already been done by the county inspection when they did the roof. But now they want the engineer to put it on the package. CHAIRMAN KAUFMAN: Okay. Let me ask the county. Brian, could you tell us what's going on? MR. OWEN: So he received a rejection letter from April 11th -- let me pull that up for you -- indicating that he needed a few corrections. So what had occurred is he extended the lanai, and then he did a roof permit and roofed over the expansion of the lanai, so now he's just getting the lanai expansion permitted so the roof inspection included the inspection of the lanai, so the engineer has to annotate that he finds the lanai built to standards and to code. So getting an engineer to do a small, little project like this, of course, they put it on the back burner because, you know, it's not a multi-million-dollar project. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So do you have an engineer? Have you found one and hired one yet? MR. MARTINEZ: I'm sorry? BOARD MEMBER CURLEY: Have you hired an engineer yet? MR. MARTINEZ: Yeah, we're ready -- yeah, I had the engineer. We already submit the whole package, the affidavit. So we submitted a picture and everything, but we get up to the code. Because this is what happened, that lanai, when I bought the house, it was there. BOARD MEMBER CURLEY: No, no. I just -- so what is his name, your engineer's name? May 22, 2025 Page 38 MR. MARTINEZ: It's George. Hold on. BOARD MEMBER CURLEY: Okay. And so you're asking for 90 days? MR. MARTINEZ: Hundred and twenty. Well, last time we went through 90 days with this situation, and then we went back and forth, back and forth. So if we could get 120 days -- if I can get it before, I mean, it's fine. The thing is, every time we send to the county, they say it's something -- little detail we have to go through it. And engineers, sometimes it take a little while because they're so busy or something. I'm not sure exactly. I mean -- CHAIRMAN KAUFMAN: Is your engineer aware that you're here today because of this case? MR. MARTINEZ: Probably not. CHAIRMAN KAUFMAN: Maybe you ought to let him know because when the fines start hitting, that's a lot of money. BOARD MEMBER CURLEY: So just for point of clarification, this permit is only issued in 2025. I don't know what the -- I don't know when this case opened, but... MR. OWEN: The case opened in 2025. BOARD MEMBER CURLEY: Yeah. I mean, so this is a new case. MR. OWEN: No, no. That's not right. Give me a second. CHAIRMAN KAUFMAN: April 11th. MR. OWEN: Yeah, this opened in 2024. BOARD MEMBER CURLEY: Okay. So it's not like it's 2018. MR. OWEN: No. MR. MARTINEZ: No. CHAIRMAN KAUFMAN: Okay. It needs 120 days. MR. OWEN: They need to make -- BOARD MEMBER CURLEY: We were just waiting on the name of your -- the engineer's name. May 22, 2025 Page 39 (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: Okay. Do you have a motion? BOARD MEMBER FUENTES: Yeah, I've got a motion. BOARD MEMBER CURLEY: If you have a problem -- it's nice when you -- when you come here to talk to us to bring us evidence and information that you have hired an engineer and what he's doing. So I know that you're telling us that, but it's just helpful for you to supply us with that information. MR. MARTINEZ: It's George E. Rosy (phonetic). BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion from the Board? BOARD MEMBER FUENTES: Yeah. I'll make a motion to grant him a -- this is a continuance, correct? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER FUENTES: No, it's an extension. There's no fines yet. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Extension. BOARD MEMBER FUENTES: An extension for 180 days. MR. LETOURNEAU: Plus the operational costs? BOARD MEMBER FUENTES: Plus operational costs. Helen, what are they? MS. BUCHILLON: 59.84. BOARD MEMBER FUENTES: To be paid within 30 days. MR. MARTINEZ: Okay. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: We're giving you an extension May 22, 2025 Page 40 for 180 days. CHAIRMAN KAUFMAN: That's six months. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) THE COURT REPORTER: We need a second? CHAIRMAN KAUFMAN: I second it. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have six months. MR. MARTINEZ: Okay. Thank you. Appreciate it. Have a great day. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We're still under motion for extension. Number 4, CESD20240000449, Monise Etienne. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. CURL: I do. MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: Okay. If you would, give us your May 22, 2025 Page 41 name on the microphone, please. MS. ALCANTAR: Marie Alcantar. CHAIRMAN KAUFMAN: Okay. MS. CURL: Payten Curl, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Yes. Now you're not new anymore. You were new last month. Okay. I have one question before we begin. It says the plans, having Mr. Gene Cravillion. Is he or is he not tied up with this whole -- MS. CURL: Yes. CHAIRMAN KAUFMAN: -- problem that we've had with -- MR. IANDIMARINO: That is the engineer of record that you've been discussing for the last few minutes, yes, sir. BOARD MEMBER CURLEY: That's the one Octavio stole, apparently -- allegedly. CHAIRMAN KAUFMAN: Okay. Okay. So do you want to explain, or you just want to -- MS. ALCANTAR: Sure. CHAIRMAN KAUFMAN: -- tell us how much time you need. MS. ALCANTAR: We need about six months. We are very close, but we have to do an EOR. The plans have to go back, you know, the whole chaotic due diligence all over again. And it's costing the owner. And we actually started inspections and then the plans were discovered within those inspections, so we had to pause everything and start from square one. So... CHAIRMAN KAUFMAN: Okay. County have any objection? MS. CURL: I do not. BOARD MEMBER FUENTES: All right. I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'll make a motion to grant the six months. May 22, 2025 Page 42 BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MS. ALCANTAR: Thank you. MS. CURL: Thank you. MS. BUCHILLON: All right. Up next, under hearings, first case, No. 1, CELU20220009913, Richard McElrath, Jr., and we also have a different case under imposition of fines for this gentleman. CHAIRMAN KAUFMAN: Say that again, please. MS. BUCHILLON: We also have another case under imposition of fines. CHAIRMAN KAUFMAN: Okay. Okay, Brian. 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. McELRATH: I do. MS. RAMPERSAD: I do. CHAIRMAN KAUFMAN: Could you state your names on the microphone for us, please. MR. McELRATH: Richard William McElrath, Jr. MS. RAMPERSAD: Michelle Rampersad. CHAIRMAN KAUFMAN: So we've now proven that the May 22, 2025 Page 43 microphones work. It was the source. BOARD MEMBER CURLEY: Shocking. CHAIRMAN KAUFMAN: Okay. Do you want to present your case, Brian? MR. OWEN: I'd love to. For the record, Brian Owen, Collier County Code Enforcement. This is in reference to Case No. CELU20220009913 dealing with violations of Collier County Land Development Code, as amended, Section 1.04.01(A), Section 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-196(a). Service was given on February 8, 2023. These are the details of the case. Case CELU20220009913 was opened on October 31st, 2022, for a complaint for people living in an RV with sewage lines incorrectly connected. Initial inspection was conducted on November 17th, 2022, by Investigator Migal. Migal observed a total of five RV/travel trailers on property. On November 22nd, 2022, Investigator Migal conducted an additional inspection with property owner, Mr. McElrath. Property owner admitted to advertising spaces for rent. During the inspection a total of six RV/travel trailers were on site, two belonging to Mr. McElrath. A zoning determination was sent in for a decision on if current activity of renting spaces is a permissible use of the property. Zoning responded to the determination request indicating renting of space on property is not a permissible use of the property. The information was relayed to Mr. McElrath on December 30th, 2022. Reinspection on February 1st, 2023, found two travel trailers were still being occupied. Notice of violation was then prepared and issued. An attempt to contact Mr. McElrath on April 22nd, 2025, with no answer. A May 22, 2025 Page 44 voicemail was left with a request to schedule an inspection with no response. Case was prepared for a hearing on April 30th, 2025. During rehearing inspection, I noticed a very faded "no trespassing" sign at the corner of the road that the property was on. I did not proceed any further. CHAIRMAN KAUFMAN: Okay. Do you have any pictures or -- MR. OWEN: I have some aerials that I can show you as evidence. CHAIRMAN KAUFMAN: Any Indians? MR. OWEN: Aerials. CHAIRMAN KAUFMAN: Oh, okay. MR. OWEN: Aerials. BOARD MEMBER CURLEY: I just have one -- so the letter I'm looking at is February 8th, 2023. Is that the -- MR. OWEN: Notice of violation. BOARD MEMBER CURLEY: Okay. That's the only violation that's been sent? MR. OWEN: For this particular infraction, but there is another case on the property. BOARD MEMBER CURLEY: Thank you. MR. OWEN: So here is the aerial of the property in 2021, aerial of the property 2022, 2023, 2024, and the most current aerial as of February/March of this year. CHAIRMAN KAUFMAN: Can you point on the screen there what we're talking about? MR. OWEN: So you have a travel trailer right here. There's one right about here, but it's actually not on property. CHAIRMAN KAUFMAN: Okay. MR. OWEN: It's in an easement. So those are the two that are May 22, 2025 Page 45 remaining. BOARD MEMBER CURLEY: Is there a home there? Is that -- MR. OWEN: No. That is a building that is going to be used due to agricultural purposes. Bona fide ag purposes have been designated to this property, and that we'll be discussing in our imposition-of-fine case. MR. LETOURNEAU: This -- yeah, at this time it's an unimproved property for residential purposes. CHAIRMAN KAUFMAN: Okay. Well, you have at least one that we're looking at there that's on the screen, right? MR. OWEN: One here. One there. So, yeah, there's been numerous RVs on this property for -- CHAIRMAN KAUFMAN: And they are occupied? MR. OWEN: Up until recently, they have been occupied. CHAIRMAN KAUFMAN: Okay. And they -- you said sewer -- they are using -- MR. OWEN: So the property did have a mobile home overlay at a point in time where they did have a well and a septic system legally installed on the property. CHAIRMAN KAUFMAN: Okay. But the -- the trailers there are not legally allowed? MR. OWEN: Zoning has determined that the use of a travel trailer to live on this property is not within the zoning specifications for this piece of property. CHAIRMAN KAUFMAN: Okay. Fine. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Correct me if I'm wrong, Brian and/or Brad, at this point we're just asking for the recreational vehicles or whatever trailers that aren't agriculturally associated to be removed from the property because it's not an approved residential property at this point. May 22, 2025 Page 46 CHAIRMAN KAUFMAN: I understand. BOARD MEMBER CURLEY: So we need to make a motion that a violation -- CHAIRMAN KAUFMAN: Whoa, whoa, whoa. We've got to hear the respondents. MR. NOELL: Before we do that, are you asking the Board -- are you entering that into evidence, that picture? MR. OWEN: The aerials? CHAIRMAN KAUFMAN: Okay. We need a motion from the Board to accept the picture. Has the respondent seen this? MR. OWEN: Aerials, no. CHAIRMAN KAUFMAN: Do you have any objection to these being -- MS. RAMPERSAD: No. CHAIRMAN KAUFMAN: No, okay. So we need a motion from the Board to accept the photos. BOARD MEMBER BHATLA: I'll make the motion. CHAIRMAN KAUFMAN: Okay. Motion. I second it. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. RAMPERSAD: I would like the -- Michelle Rampersad. I would like the photo that has the "do not trespass" sign in evidence, please. CHAIRMAN KAUFMAN: Did you bring it in? May 22, 2025 Page 47 MS. RAMPERSAD: He has it. MR. McELRATH: It's on his computer. CHAIRMAN KAUFMAN: Well, that's up to him whether he wants to present that as evidence or not. MS. RAMPERSAD: Well, I have it on my phone that I can -- MR. LETOURNEAU: No, we can present it. We have no objection to this photo. CHAIRMAN KAUFMAN: Okay. MS. RAMPERSAD: As you can tell, it's been there since probably the 1970s when Richard's grandfather owned the property. MR. LETOURNEAU: Can we zoom in on that sign, please? CHAIRMAN KAUFMAN: I guess on the bottom it says, "No trespassing." I can't really make it out. BOARD MEMBER CURLEY: Is there discussion on it? Is there a reason why -- CHAIRMAN KAUFMAN: Oh, yes. It says "trespassing" on the bottom. MS. RAMPERSAD: Yes. So the reason I bring it up is in November of 2022, Collier County did come out to the property, illegally trespassed on the said property without a public threat to health and safety. There is a posted "danger - no trespassing" sign at the end of the -- at Deer Run Lane, which has been in existence since the 1970s when Richard's grandfather owned the property. Mr. McElrath was not at home at the time that the property was entered, and there was no search warrant. There was a complaint by a tenant that Richard was legally evicting off of his property due to domestic abuse of his girlfriend. The Fourth Amendment protects citizens against unreasonable searches unless there's exigent circumstances: Medical emergency, suspected domestic violence, hot pursuit of a suspect, or eminent May 22, 2025 Page 48 destruction of evidence. There were no such reasons for Ricky Migal or Officer Chad -- I'm going to butcher the last name, I'm sorry -- Gogandi (phonetic) to enter the property in question. They were witnessed by a person living on the property as wandering around the property and going into the woods. The witness is willing to testify if need be. On February 2024, there was a hearing that Richard was present for and that was supposed to be an extension. The paper was passed to Doug Rankin, who did not have permission to sign for Richard. Richard had no idea that the fines were being involved. He would never have signed it because that does -- he cannot afford fines like this, as most of us cannot. And as he was present, he should have been the one to have signed the paper instead of having it slid across the desk to someone who did not have permission to sign for him. CHAIRMAN KAUFMAN: What's the paper you're referring to? MR. McELRATH: It was $200 -- MS. RAMPERSAD: The extension. MR. LETOURNEAU: I believe it was -- the stipulation, are you talking about? MR. OWEN: That was for the other case. MS. BUCHILLON: Speak into the microphone, sir, please. CHAIRMAN KAUFMAN: Whoa, whoa, whoa. One at a time. MR. LETOURNEAU: We're talking about the other case, though, right now? MR. McELRATH: We're talking about the imposition of $200-a-day fines. MR. LETOURNEAU: But what's the paper you're talking about? MR. McELRATH: That's the piece of paper. May 22, 2025 Page 49 MR. LETOURNEAU: Is that the one that Mr. Rankin signed right there? THE COURT REPORTER: Hold on, hold on, hold on. One at a time, please. BOARD MEMBER CURLEY: Excuse me. If you're going to speak, speak into a microphone. MR. McELRATH: The piece of paper in question, when you say that it was a stipulation of fines, we were -- nobody ever said anything about fines. A piece of paper was slid across. He signed it. It was slid back. Nobody said anything about $200-a-day fines at all. We were standing right there, and Bradley was the one that slipped the piece of paper across the table. BOARD MEMBER FUENTES: Okay. So what we have here is you're actually talking about another case. So let's stick to this one right here, and we're going to address that one later. MR. McELRATH: Okay. CHAIRMAN KAUFMAN: Bradley, you have something to say? MR. HOLMES: Not unless you need me to say anything. MR. LETOURNEAU: I will have a ton of questions after they get done, though. BOARD MEMBER CURLEY: Okay. So let's please be a little bit more organized with this. Ma'am, if you have something written that is -- that looks like you have something to say, we want to only be discussing about the case that we're currently hearing, which is about the RVs that we're speaking about and the land right issue. So -- and you're speaking about, you said, Doug Rankin. And is that an attorney? MS. RAMPERSAD: No. BOARD MEMBER CURLEY: He is an attorney, isn't he? CHAIRMAN KAUFMAN: He's an attorney. May 22, 2025 Page 50 MS. RAMPERSAD: He is an attorney, yeah. BOARD MEMBER CURLEY: And so did you -- so you've said a lot of things, but you're not being very clear about all these things that you're speaking about. So did you -- somebody hire Doug Rankin? MS. RAMPERSAD: He did -- BOARD MEMBER CURLEY: Was he your lawyer? MR. McELRATH: At the time. BOARD MEMBER CURLEY: So again, this is what I'm saying. What you just sort of went off reading was only maybe one-sided. So if you hired Doug Rankin and you have an issue with some of the things that Doug Rankin did for you, that's not something that we can really solve here. And I caught that, but no one else did. So let's just please -- MS. RAMPERSAD: Okay. BOARD MEMBER CURLEY: Chairman and the county, let's keep this -- let's keep this on this current case so maybe the things that you have to say aren't really relevant at the moment. CHAIRMAN KAUFMAN: Okay. Continue. MS. RAMPERSAD: So for two years, over two years now, Richard has gone back and forth with Code Enforcement and the illegally obtained search findings. On October 25th, 2024, at approximately 3 p.m., we had a meeting with county -- with Code Enforcement. Present were myself, Richard, Jeffrey Letourneau, Renald Paul, and Christopher Ambach. Others were brought in to discuss different aspects of engineering and agricultural exemption. It was decided at that meeting that as long as we were showing forward motion and progress, that fines would not be -- that fines would be held and not imposed. We were told that we would need a site improvement plan after we obtained our full agricultural May 22, 2025 Page 51 exemption. I immediately started the process with the USDA. It wasn't until that meeting on October 25th that Richard was told that he had ag classification and not actual ag exemption. BOARD MEMBER FUENTES: Okay. So the problem we're having here is we're still talking about the other case. BOARD MEMBER CURLEY: Right. BOARD MEMBER FUENTES: Right now we're here to talk about the RVs. We cannot commingle the two files. Let's stick to the recreational vehicles on site that are actively being lived in or not actively being lived in. MS. RAMPERSAD: All right. None actively being lived in. The hipcamp (phonetic) that was -- he was running and stuff was closed after he got the notification that he could not have that. BOARD MEMBER CURLEY: So could we have the owner speak on -- about the RVs? MR. McELRATH: There is only one. CHAIRMAN KAUFMAN: Lift the microphone up. Okay. MR. McELRATH: There's only one RV on the property, and I need about two weeks to have it removed. BOARD MEMBER CURLEY: Okay. BOARD MEMBER FUENTES: Okay. So we can vote if a violation exists, and then we can go ahead and work with a time frame. MR. NOELL: And then, just for procedure's sake, and if -- I think it's probably appropriate for me just to direct the procedural process of this hearing. Is there any other questions that you have for the county at this time, ma'am or sir? MR. McELRATH: No. MR. NOELL: Okay. County, do you have any other witnesses that you want to call regarding this case? May 22, 2025 Page 52 MR. OWEN: No. MR. NOELL: Okay. And then, ma'am and sir, do you have any other evidence that you want to present at this time? MR. McELRATH: This is all new. MR. NOELL: I need a verbal yes or no. MS. RAMPERSAD: No. MR. McELRATH: No. MR. NOELL: Okay. County, do you have any questions of the respondent or his witness? MR. OWEN: No. MR. NOELL: Okay. And then at this point, if the Board wants to close the hearing and then proceed with the vote. CHAIRMAN KAUFMAN: Okay. Get a motion to close the hearing. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, we need to vote on whether a violation exists at this point. BOARD MEMBER CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a second. All those in favor? May 22, 2025 Page 53 BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. OWEN: Perfect. CHAIRMAN KAUFMAN: Do you have a suggestion for us, Brian? MR. OWEN: Recommendation. CHAIRMAN KAUFMAN: Right. Your recommendation. MR. OWEN: All right. The recommendation: That the Code Enforcement Board orders the respondents to pay all operational costs in the amount of 59.28 incurred in the prosecution of today's case within 30 days, and abate all violations by: One, removing all recreational vehicles from the property within so many days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to abate -- confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I'll fill those blanks in. CHAIRMAN KAUFMAN: Okay. May 22, 2025 Page 54 BOARD MEMBER CURLEY: Thirty days, $200. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: He said he needed two weeks. CHAIRMAN KAUFMAN: Let me just -- let me summarize it. Well, that's -- 30 days -- that two weeks is included in the 30 days, so you're being lenient. Okay. So 59.28 to be paid within 30 days, and this violation to be remedied within 30 days or $200-a-day fine after that. BOARD MEMBER CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. That's the motion. It's been seconded. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. BOARD MEMBER FUENTES: So you've got 30 days to remove the RV from the site. Thirty days, RV's gone, he reinspects, no more violation, you're good to go. CHAIRMAN KAUFMAN: I have one question. MR. LETOURNEAU: With the ops cost paid. BOARD MEMBER FUENTES: You do have to pay the operational costs of 59.28 within 30 days. MR. McELRATH: Can we pay that today? BOARD MEMBER FUENTES: I believe so. MR. McELRATH: Please. MS. BUCHILLON: No. You can wait till tomorrow at least till we get back to the office and we can get the information in there. May 22, 2025 Page 55 Give us till tomorrow at least. MR. McELRATH: Okay. Sorry. CHAIRMAN KAUFMAN: Okay. Any problem with having the inspection done on the property? MR. McELRATH: In two weeks, no. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yeah. You just give him a call. He'll come out there, see the RVs are gone, case closed. MR. McELRATH: Yeah. I've been -- I've been compliant all the way up to this point. I mean -- BOARD MEMBER CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. So that's the first case. MS. BUCHILLON: The next case is under imposition of fines, No. 1, CESD20220010426. (All participants were previously sworn.) CHAIRMAN KAUFMAN: Let me just read through it. Let me ask one question before we begin. It says, "Previously assessed operational costs of 59.28 have not been paid;" is that correct? MR. McELRATH: As of yesterday, that's correct? CHAIRMAN KAUFMAN: You're shaking your head. I can't -- MR. McELRATH: I have no idea what you're talking about. CHAIRMAN KAUFMAN: Okay. MR. McELRATH: As far as the $59 and some odd cents, that's news to me. I -- I would have already paid that off. MR. LETOURNEAU: To clarify, can I put the stipulation up on the board? CHAIRMAN KAUFMAN: Sure. MR. OWEN: Do you want the stip up, or the recommendation? MR. LETOURNEAU: The stip. But for some reason this is not working right here. BOARD MEMBER FUENTES: You're doing great. May 22, 2025 Page 56 MR. LETOURNEAU: No. My -- the dongle isn't working, so I apologize. CHAIRMAN KAUFMAN: Did the stipulation show that -- MR. LETOURNEAU: Troy's got it. CHAIRMAN KAUFMAN: Hold on. MR. LETOURNEAU: Pardon? MR. MILLER: I've got a broken switch over here. BOARD MEMBER CURLEY: Okay. Well -- MS. BUCHILLON: The order should have that on there, too. MR. LETOURNEAU: Okay. This is -- this is the piece of paper I believe you guys were talking about in the last case right here that -- MR. McELRATH: That's the one. MR. LETOURNEAU: Yeah. As you can see, it said, "Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of the hearing." And that's the money they're talking about right there. MR. McELRATH: When we came here -- MR. NOELL: Can we -- can we hold on just one second, because if we're getting ready to go into the formal hearing, then we need to do that. Have the witnesses already been sworn? THE COURT REPORTER: Not for the second case. MR. NOELL: Okay. Then if the Board wants to open up the second case at this point, the witnesses can be sworn, and then the county can present their case just so we can have order with the case. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. McELRATH: Yes. May 22, 2025 Page 57 MS. RAMPERSAD: I do. MR. LETOURNEAU: I do. CHAIRMAN KAUFMAN: Okay. Brian, do you want to present your case? MR. OWEN: This is an imposition of fine. CHAIRMAN KAUFMAN: This is imposition of fines, yes. MR. NOELL: Yes. So you would be presenting for the imposition-of-fine hearing with any recommendations and if they have any questions for you at that time. MR. OWEN: I do have a recommendation ready for you. CHAIRMAN KAUFMAN: Well, let me just review the case that we have in front of us. It says, "Past orders: October 26th, 2023," et cetera, et cetera, and then it said, "The violation has been abated as of October 2nd, 2024," okay. MR. OWEN: (Nods head.) CHAIRMAN KAUFMAN: Okay. That's what I'm reading through here. MR. NOELL: And, sir, just so we have this on the record, is it -- is the county's testimony that the violation has been abated as of October 2nd, 2024? MR. OWEN: That is correct. MR. NOELL: Okay. And if we can just have the county -- if you can present your evidence on the imposition of fine. MR. OWEN: Can I read my recommendation? BOARD MEMBER CURLEY: Yes, please. CHAIRMAN KAUFMAN: Thank you. MR. OWEN: Past orders: On October 26th, 2023, the Code Enforcement Board issued a findings of facts, conclusion of law and order. The respondent was found in violation of the referred -- referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR6307, PG3334, May 22, 2025 Page 58 for more information. The violation has been abated as of October 2nd, 2024. Fines and costs to date are as followed [sic]: Fines have accrued at a rate of $200 per day from a period of February 24th, 2024, to October 2nd, 2024, for 222 days, for a total fine amount of $44,400. Scrivener’s [sic] error of "fines continue to accrue." That should not be in there. Previous assessed operational costs of 59.28 has not been paid. Operational costs for today's hearing is 59.49, for a total fine amount of $44,518.77. The gravity of the violation is not health and safety. Any actions taken by violator to correct: Agricultural use with zoning verification to utilize buildings for agricultural purposes and uses. Any previous violations committed by the respondent: None. And any other relevant factors are none. CHAIRMAN KAUFMAN: Okay. My curiosity is why is this coming before us now since it was abated in October of '24? I know the fines are not continuing past that date, but that's my only question. MR. OWEN: It pretty much came down to missing of some information within the case when it was transferred. It's been transferred three times now. So in the process of reviewing previous statements and entries into the case, the abatement date was found to be October 2nd of 2024. CHAIRMAN KAUFMAN: Okay. Were you here when the -- when this was heard? MR. McELRATH: Not to my knowledge, no. MS. RAMPERSAD: You mean back in February? CHAIRMAN KAUFMAN: Yeah. MR. McELRATH: Was I? I wasn't in this room. May 22, 2025 Page 59 BOARD MEMBER CURLEY: Well, he hired Doug Rankin as his attorney, because that's who signed that. CHAIRMAN KAUFMAN: Yep. BOARD MEMBER CURLEY: And that's -- he might not have been here, but he signed the stipulation maybe before the hearing, and so that stipulation sticks. Whether you remember signing it or whatever, that stipulation -- that is how it works now. Now, if there's a situation about that you want to discuss about the fines and maybe ask us about reducing them, that would be the time that the owner would do that now. CHAIRMAN KAUFMAN: Okay. You're finished, Brian, right? MR. OWEN: That's correct, sir. CHAIRMAN KAUFMAN: Okay. MR. NOELL: Do you have any questions, sir? Do you have any questions for the county? MR. McELRATH: No, sir. MR. NOELL: Okay. And then you may present your evidence or your hearing information to the Chair. MR. McELRATH: Okay. I'm not a lawyer. I'm just a guy that goes to work every day, and I've been trying to get a farm up and running for the last eight years. If you guys go through my family file or whatever it is you guys got on, you'll understand that my father was murdered on that property. My family's owned that property since 1969. It's the -- I am the last decedent of my family to own something that my grandfather bought. I'm very proud of that. I've been trying to get a farm started for the last eight years. Those RVs were volunteers. I was not renting to them financially. We had a verbal agreement that they would help me get the farm up and running, okay. I don't know you guys' rules, your codes. This is all new to me, May 22, 2025 Page 60 okay. The first interaction I had was with Code Enforcement, and that's like, "Oh, my God, here we go." All right. And then the $200-a-day fines. I was standing right there when Mr. Rankin, who was supposedly representing me, signed the piece of paper. Nothing was ever said about this is a stipulation, the $200-a-day fines. This is this. This is this. It was supposed to be for an extension. I was told we got the extension. I didn't know it cost me $200 a day, all right. I'm pleading from the bottom of my heart. I cannot afford this $44,000. I'm -- I'm running a farm and working a full-time job. So it's like, come on, guys, please. BOARD MEMBER CURLEY: Well, thank you for speaking on behalf of your family and your dream of starting a farm. I would like for you to please pay the past fees of 59.28, because that's a state-required fee that -- MR. McELRATH: Right now. BOARD MEMBER CURLEY: -- pays everybody in this room. We are volunteers, just for your information. MR. McELRATH: Okay. BOARD MEMBER CURLEY: And so I would like to make a motion to reduce the fines to $1,500 from the original 44,400, and including the 59.28 of overdue and the 59.49 for today's fees, for a total of $1,618.77. CHAIRMAN KAUFMAN: I second that. MR. McELRATH: Thank you. CHAIRMAN KAUFMAN: Hold on. I second it. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? May 22, 2025 Page 61 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. McELRATH: Is that it? BOARD MEMBER CURLEY: Go plant something. MR. McELRATH: Yeah, trees. BOARD MEMBER FUENTES: I like strawberries. MR. McELRATH: Trees and vegetables. I have farm fresh eggs, by the way. MR. LETOURNEAU: This is just for information. So there's three operational costs that need to be paid: One from the first case, and then two from this case, within 30 days. MR. McELRATH: Okay. That's fine. That's fine. MS. RAMPERSAD: We'll wait till you're in the office tomorrow. BOARD MEMBER CURLEY: And just some advice: Your Code Enforcement people are your friends. They will help you if you need some information, if you don't know what you can do or you can't do. They're not your enemies. They are your friends, believe me. MR. McELRATH: Okay. CHAIRMAN KAUFMAN: Except for Jeff. BOARD MEMBER CURLEY: They don't carry guns. MR. McELRATH: Yeah, that's the Sheriff. CHAIRMAN KAUFMAN: Okay. Okay. Thank you. MR. McELRATH: We're good. Where do I go pay this? MS. RAMPERSAD: We'll take care of that. BOARD MEMBER FUENTES: I was going to say, you can Zelle it to my number. CHAIRMAN KAUFMAN: Terri? THE COURT REPORTER: Ten minutes. May 22, 2025 Page 62 CHAIRMAN KAUFMAN: Ten minutes. MS. BUCHILLON: We have a change to the agenda. We have a new stipulation added under hearings, No. 7, CESD20210002521, Juan Soto. CHAIRMAN KAUFMAN: Okay. Okay. We're going to take a court reporter break now. Ten minutes, according to Terri. We'll be right back after our commercial. (A recess was had from 10:33 a.m. to 10:48 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. What's next? MS. BUCHILLON: Next is the new stipulation we received, No. 7, CESD20210002521, Juan Soto. CHAIRMAN KAUFMAN: Does he play for the Yankees? MR. LETOURNEAU: No. He got signed with the Mets, I believe. CHAIRMAN KAUFMAN: Oh, okay. Hey, this is Naples. It could be. 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. SOTO: I swear. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. SOTO: My name is Juan Soto. CHAIRMAN KAUFMAN: Okay. You don't play for the Yankees. MR. SOTO: I wish. CHAIRMAN KAUFMAN: Okay. Okay. Do you want to read the stipulation into the record for us? May 22, 2025 Page 63 MR. MARINOS: Yes, sir, I will. 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, inspection, and certificate of completion/occupancy for the remodel of the exterior and interior of the home within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, you've agreed to this? MR. SOTO: Uh-huh, I agree. CHAIRMAN KAUFMAN: I didn't hear what you said. MR. SOTO: I mean, what was your question? Say it again, please. BOARD MEMBER FUENTES: Did you agree to the stipulation? MR. SOTO: Oh, yes. I'm agree. CHAIRMAN KAUFMAN: Okay. Do you think 60 days you'll have everything tied up, done? MR. SOTO: Okay. Uh-huh. BOARD MEMBER CURLEY: Okay. I have a question. MR. MARINOS: Yes, ma'am. May 22, 2025 Page 64 BOARD MEMBER CURLEY: Sixty days you can't really do anything in Collier County. MR. MARINOS: He's got everything turned in. He's just waiting for it to be approved. It should be done. Sixty days is just to give him -- just in case a document gets rejected, he has a chance to resubmit it. BOARD MEMBER CURLEY: Good answer. CHAIRMAN KAUFMAN: Anybody want to make a motion? BOARD MEMBER FUENTES: I make a motion to accept the stipulation. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. SOTO: All right. Thank you so much. Thank you, everybody. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Thank you. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Next case, Helen? MS. BUCHILLON: Next case, we're still under hearings, No. 6, CELU20250002590, Dario Rodriguez, Vicky Rodriguez, and Jorge Enoc Ovideo Atalay. May 22, 2025 Page 65 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. LAWRENCE: I do. MS. RODRIGUEZ: Yes. 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. RODRIGUEZ: Yes, I try. THE COURT REPORTER: Your name? MR. RODRIGUEZ: Dario Rodriguez. CHAIRMAN KAUFMAN: So your name on the microphone, please. MS. RODRIGUEZ: Vicky Rodriguez. Vicky Rodriguez. CHAIRMAN KAUFMAN: Okay. And your name? MR. ROMBOUGH: Dario Rodriguez. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So you're two of the owners? MR. RODRIGUEZ: Yes. BOARD MEMBER CURLEY: Yeah. Well -- so he's not translating. MR. RODRIGUEZ: My son is working. BOARD MEMBER CURLEY: Just make sure you keep that microphone close. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Okay. And you are Paula? MS. LAWRENCE: Paula. For the record -- CHAIRMAN KAUFMAN: You're new? MS. LAWRENCE: I am. CHAIRMAN KAUFMAN: Okay. Welcome. BOARD MEMBER CURLEY: Paula, pull the microphone to May 22, 2025 Page 66 your face. CHAIRMAN KAUFMAN: And down a little bit. Okay. MS. LAWRENCE: All right. For the record, Paula Lawrence, Collier County Code Enforcement. This is referring to Case No. CELU -- LU205002590 [sic] with a violation from Collier County Land Development Code, Sections 1.04.01(A), Section 2.02.03, and Section 5.03.01, a canopy tent and household items in front yard. The address located at 2281 44th Terrace Southwest. Folio No. 3577404002 [sic]. So service was given on March 11th. And the presentation -- so on March 5th, 2025, I was out doing field observations, found a large canopy tent in a front yard. Went up, knocked on the door to attempt contact with homeowner. No one available. I left an orange door tag with contact information. March 11th, 2025, the very next week, I went back with an NOV. The homeowner did reach out to me, and I referred him to a translator, March 18th. He did reach out to the office and ask questions. Meanwhile, I just monitored for progress. When the time frame was over, I went back to check the violation status, April 15th, 2025, the violation remained. May 6th, 2025, I posted a hearing notice. When I got to the property, the owner -- the homeowner was home, and so we did have a brief conversation about the remaining violation. He stated he would like to keep the canopy tent in place. I did tell him that it was a county ordinance violation and it wasn't something he could keep without a permit, but it wasn't likely something he could get a county permit for a permanent presence placement. May 21, '25, hearing prep inspection. I went out on the property, and the violation still remains. MR. LETOURNEAU: Paula, when you say the homeowner May 22, 2025 Page 67 was there and you talked to him, was it this gentleman or somebody else, one of the other owners? MS. LAWRENCE: It was him, and then his son was there. MR. LETOURNEAU: Okay. Thanks. CHAIRMAN KAUFMAN: Okay. Do you have any pictures or any other -- MS. LAWRENCE: Yes, I do. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MS. LAWRENCE: Yes, they have. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. RODRIGUEZ: No. CHAIRMAN KAUFMAN: Okay. Make a motion for the Board to accept the photos. BOARD MEMBER FUENTES: Make a motion to accept the photos. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. LAWRENCE: Okay. So this was on the initial inspection on March 5th. When I went out, this is the large canopy tent that's in their front. This is the notice I left on March 5th on the door, with my contact information, and a little bit of the outdoor storage. May 22, 2025 Page 68 March 10th, this is when I went back to serve the NOV. Still everything the same. This is April 15th when the NOV expired, and it was still remaining, and you can see a lot of storage inside this tent. CHAIRMAN KAUFMAN: What's all the other stuff on the property? MS. LAWRENCE: It's their outdoor storage. Like, they have a table, chairs, picnic area type stuff -- BOARD MEMBER FUENTES: Barbecue. MS. LAWRENCE: -- and then trash bins. Do you want me to Zoom the picture? CHAIRMAN KAUFMAN: No, no, no. That's okay. MS. LAWRENCE: This is also March -- or April 15th when the NOV expired, just another view. This is May 6th when I started my hearing prep. It still remained. Everything was the same. CHAIRMAN KAUFMAN: Was this taken on an iPhone? MS. LAWRENCE: Yeah. BOARD MEMBER FUENTES: We need to get you guys androids. Quality. BOARD MEMBER CURLEY: I thought you weren't allowed to park on grass. I thought that was a violation. MS. LAWRENCE: It is. BOARD MEMBER CURLEY: Oh. MS. LAWRENCE: That's a separate case. BOARD MEMBER CURLEY: Oh. Yeah. MS. LAWRENCE: And this is on -- this is yesterday. I was out there yesterday afternoon, and it still remains. And here's a -- the outdoor storage stuff still remains as well. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. Is that your case? May 22, 2025 Page 69 MS. LAWRENCE: Yep. CHAIRMAN KAUFMAN: Okay. Sir? MR. RODRIGUEZ: Yeah. CHAIRMAN KAUFMAN: Do you have a -- MR. RODRIGUEZ: Mostly for the inside of a tent, I had, you know, clothes, that we help out. And mostly -- I'm not sure if she took the pictures that had clothes and, you know, help other people, like, giving away, you know. That's why I have the tents. Like, clothes, to help out. The first time she came, we -- I understand the first time she came. You know, we -- some part of the grass was taller than the other one. But we had the other paper, it was three -- three things: The grass was tall, the tent was there, and the third one. MS. LAWRENCE: It was an inoperable vehicle. MR. RODRIGUEZ: Oh, yeah, because there was another car. There was no license plate. CHAIRMAN KAUFMAN: We're only hearing the one about the tent. MR. RODRIGUEZ: I know. CHAIRMAN KAUFMAN: Okay? MR. RODRIGUEZ: For the tent, you know, we're taking the tent -- you know, we're taking everything -- took all the clothes out, because, you know, we're just two -- I've been in the hospital because I had water in my lungs. I'm in and out of the hospital, you know, for old timer. My two strokes on my brain. She's the only one working. I'm not, you know, too much at the house. I used to be a truck driver. But right now we're taking it step by step, you know, cleaning. Right now you see the little part of the tent, the side of the tent that we are -- it was maybe, like, a half, you know, clothes, more like a St. Matthew, but we had it full of clothes. You know, we -- lucky I had my aunt and my brother-in-law to help us out. That's why I had the May 22, 2025 Page 70 tent. You know, just -- CHAIRMAN KAUFMAN: The violation is the tent. MR. RODRIGUEZ: Right. CHAIRMAN KAUFMAN: What you have in it -- MR. RODRIGUEZ: I just wanted you to know -- CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: -- that they just have the picture from outside, but they never took the picture from the inside. You see the part, the motor, that small little corner, that's the only thing you see right now. But if you saw the whole thing from the beginning, that thing was full of clothes, that it was packed. CHAIRMAN KAUFMAN: Okay. You have a tent there. MR. RODRIGUEZ: Yes, sir. CHAIRMAN KAUFMAN: The officer informed you that you're not permitted to have a tent there. MR. RODRIGUEZ: Right. CHAIRMAN KAUFMAN: Period. MR. RODRIGUEZ: I was -- you know, I was just -- CHAIRMAN KAUFMAN: And this was done in April. MS. LAWRENCE: It started in March. CHAIRMAN KAUFMAN: In March. April, May, two months. MR. RODRIGUEZ: Right. Yeah, because mostly I see other people have tents. That's why I order it through Amazon. CHAIRMAN KAUFMAN: I'm not here to hear other people. I'm only here for the case with you, okay? MR. RODRIGUEZ: Yeah. CHAIRMAN KAUFMAN: Okay. So we need to find out whether a violation exists. I'm going to make a motion that a violation does exist. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: And we have a second. May 22, 2025 Page 71 MR. LETOURNEAU: Mr. Kaufman, just to clarify, Investigator Lawrence cited not only the tent, but also the other outside storage is involved with this. CHAIRMAN KAUFMAN: Yeah. Okay. All a violation. So we have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, Paula, you have a recommendation for us? MS. LAWRENCE: We do. Okay. The office -- Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, removing the unpermitted, unapproved canopy tent within blank days of this hearing, or a fine of blank per day will be imposed. Removing all unauthorized accumulation of litter and other items not permitted for outdoor storage to a site designation [sic] for such use or store desired items in completely enclosed structure within blank days, or a fine of blank dollars per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection and confirm the abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the order, May 22, 2025 Page 72 and cost of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? I have one. Going forward with -- we've had a million cases with litter or unpermitted stuff that's on the lawn. Generally, we let the respondent remove what they can, and then Code Enforcement can go out there and say, "You forget this or that," or what the other items are so that there's no discrepancy on its been removed or not. Okay. And you'll be available to do that? MS. LAWRENCE: Yes. CHAIRMAN KAUFMAN: Okay. Sue? BOARD MEMBER CURLEY: Yeah. I just had a comment about how -- just to help you understand, when you had said, like, what you're doing is like St. Matthew's House. I think you should let St. Matthew's House do St. Matthew's House. So you're going to need to call somebody like them and have these items removed immediately, or it's going to be an unfavorable outcome for you. And you can't -- it's wonderful that you want to provide service to people in need, and you can do that in other ways, but not on your -- on your property. And that driveway is meant for vehicles. So those vehicles -- that's why you can't -- another reason why you can't have that tent there is because it prohibits the vehicles from being on the driveway. You can't keep your vehicles on the grass. If you look at your neighbor's house, they don't do that either. So it helps the community look a little bit more cohesive, okay? MR. RODRIGUEZ: But mostly the whole three streets where I'm at, all the cars are on grass. CHAIRMAN KAUFMAN: That's a separate case you said, Paula? MS. LAWRENCE: Yes. CHAIRMAN KAUFMAN: Okay. We'll talk about the vehicles May 22, 2025 Page 73 after, after we resolve this. Anybody want to fill in the blanks? MR. RODRIGUEZ: I have a question. I know maybe it's not -- but is there a way to pay or to keep the tent up, sir? CHAIRMAN KAUFMAN: You can't -- it's -- you can't have it there, period. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Okay? BOARD MEMBER CURLEY: Sir, it's going to be a little bit helpful to you if you listen better to the county staff, because they've told you that multiple times, and I don't think you're understanding. You must listen to them. There's no way you can keep that. MR. RODRIGUEZ: No. I'm just asking if there's a way that we have to pay. BOARD MEMBER CURLEY: And we're listening and we're reading this. I will read -- I will read this. We're going to give 30 days or $250, and then the second one is 15 days or $250. So I'll read it in. Remove the unimproved, unpermitted canopy within 30 days of this hearing, or a fine of $250 per day will be imposed. Removing all unauthorized accumulated litter and all other items permitted for outside storage on a site designated for such use or store the desired items in a completely enclosed structure within 15 days, or a fine of $250 per day will be imposed until the violation is abated. MS. BUCHILLON: Plus operational costs? CHAIRMAN KAUFMAN: Who filled out -- MS. BUCHILLON: Plus the operational costs for today. BOARD MEMBER CURLEY: Plus the operational costs paid within 30 days. So that gives you 15 days to clean your yard up and 30 days to get rid of that tent and everything that's in it. That should be one call to St. Matthew's House, and the rest is your son and your May 22, 2025 Page 74 other friend's heres [sic] labor. CHAIRMAN KAUFMAN: So that's your motion? BOARD MEMBER CURLEY: Yes, sir. CHAIRMAN KAUFMAN: Okay. I second your motion. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You understand what she just explained to you? MR. RODRIGUEZ: Yeah. CHAIRMAN KAUFMAN: Okay. So this case is done. BOARD MEMBER CURLEY: Do we have another case or no? CHAIRMAN KAUFMAN: The one on the vehicles, is that being heard today? MS. BUCHILLON: No, sir. We only had that case for him today. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next up, we are still under hearings, No. 14, CELU20240008433, 12275 Collier Boulevard Land Trust. BOARD MEMBER CURLEY: What number is it; seven? CHAIRMAN KAUFMAN: Fourteen. BOARD MEMBER CURLEY: Oh, sorry. BOARD MEMBER FUENTES: Bradley Holmes. BOARD MEMBER CURLEY: My favorite. BOARD MEMBER FUENTES: That's your favorite. BOARD MEMBER CURLEY: Me and Mr. Holmes go way back. May 22, 2025 Page 75 BOARD MEMBER FUENTES: That's a pretty low bar. MR. HOLMES: It is low. BOARD MEMBER FUENTES: That's a pretty low bar. MR. HOLMES: Thanks for putting that on the record. I appreciate that. BOARD MEMBER FUENTES: I'm always messing with him. Brad's a good guy. BOARD MEMBER CURLEY: He's the only one wearing a tie today, so you know. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MS. ALCANTAR: Marie Alcantar. CHAIRMAN KAUFMAN: Were you here before? MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: Yes? MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: I thought I had an out-of-body experience. BOARD MEMBER FUENTES: He's getting older. CHAIRMAN KAUFMAN: Okay. Okay. Bradley, your case. MR. HOLMES: Thank you, sir. So just for point of order before we get started, Ms. Alcantar provided an authorization to represent signed by the property owner and notarized. One minor error, there are multiple cases open against this property. The one before you today is not the one that's listed on here, but it was one we May 22, 2025 Page 76 had a large meeting with the county, the Building Department yesterday on. So I think having that in mind, he filled it out with that case number. But she can attest as well under oath, and I understand the owner is using her as representation. Okay? CHAIRMAN KAUFMAN: Okay. The verbiage underneath this that -- basically it's a food truck that's operating and has a violation is being -- MR. HOLMES: Being addressed. And I'll get into my testimony next, but I just wanted to put that on the record that we do have that. MR. NOELL: Thank you. And then, ma'am, you have authority to speak on behalf of 11275 Collier Boulevard Land Trust in regards to this violation? MS. ALCANTAR: I do. MR. NOELL: Thanks. MS. ALCANTAR: Thank you. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CELU20240008433 dealing with violation of the Collier County Land Development Code 04-41, as amended, Sections 8.04.01(A), 1.04.01(B), 5.04.01(F), and 2.03.03(D) addressing unpermitted, unapproved activities including, but not limited to, outdoor preparation of food/drink, outdoor sales of food and drinks, and seated consumption of food and drinks in the parking lot/sidewalk area of this plaza, sometimes to include the operation of a mobile food dispensing vehicle, located at 12275 Collier Boulevard, Naples, Florida, 34116. Folio No. 3577860008. Service was given on January 29th, 2025. This case originated as a field observation made by Investigator Brian Owen during a multiagency inspection in August of 2024. At that inspection, the operation of food/drink preparation, sales, and May 22, 2025 Page 77 consumption were observed in the parking lot area. The restaurant owners were advised of the violation and that it must cease. During the months after the initial observation, the violation continued to be observed. A notice of violation was issued, and yet activity continued. In April of 2025, the case was prepared for a hearing. On May 17th, 2025, the property was inspected, ahead of the hearing where operations -- or excuse me -- during an hour where operations were previously active, no activity was observed. The following will be case evidence: One photo taken by Investigator Owen on 8/2/2024; two photos taken by Investigator Packard on 1/10/2025; one photo taken by Investigator Lynch on April 11th, 2025; and one photo taken by Investigator Cohen on May 17th, 2025. All photos are on a shared drive to which I have access. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. HOLMES: Yes. CHAIRMAN KAUFMAN: Do you have -- MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: -- objection to the photos? MS. ALCANTAR: No. CHAIRMAN KAUFMAN: Okay. Take a motion from the Board to accept the photos as evidence. BOARD MEMBER FUENTES: Motion to accept the photos. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: And seconded. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. May 22, 2025 Page 78 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. HOLMES: First photo, going back to August of 2024, got the whole setup out here, food truck or dispensing vehicles in the background, and then they have preparation stations up here as well as seating. Next will be two photos taken January of '25. Starting to setup. We have tables being set up along the outside of the restaurant in the sidewalk area. They block off parking spaces ahead of the larger setup when they set up all the tables and prep. BOARD MEMBER FUENTES: Is the food good? MR. HOLMES: I'm not sure. Haven't partook. BOARD MEMBER CURLEY: Undercover eating. MR. HOLMES: But we do have one of those taco meat cookers out there. I don't know what the official verbiage is or nomenclature. April 11th, full-fledged operation. And then the 17th of May, clear. So we are bringing this forward understandably as a finding of fact. CHAIRMAN KAUFMAN: Okay. Have you had discussions with the respondent? MR. HOLMES: I have, yes. Yesterday's meeting, and then previously I've been speaking to Ms. Alcantar. CHAIRMAN KAUFMAN: And what has the respondent said? MR. HOLMES: They -- so the respondent has been working with the tenant, the restaurant owner, to try to get this squared up. He's -- the tenant has created quite a slew of violations for this property owner. There's history. It's just a matter of getting them in line. I think that's starting to come to fruition at this point. Ms. Alcantar's been helping out immensely, I think, with better May 22, 2025 Page 79 communication between the landlord and the tenant. That's what appears to be occurring. CHAIRMAN KAUFMAN: Okay. You're up next. MS. ALCANTAR: Well, as Bradley stated, there are a few cases. The -- not that I'm trying to justify what they're doing, but they did not understand the whole concept, so they are aware now, and they know not to have this outside unpermitted food vending unless applied for a special-event permit if they need to, and they've -- I believe we've reached that goal with them to not do this and violate this code. And everything else is also being worked on, as Bradley mentioned. CHAIRMAN KAUFMAN: Okay. So the purpose of the county bringing it to the Board is so that there's a record of this. Should this occur in the future, that record will be brought to light. So the first thing we need to do is find out if a violation did exist, and I'll make that motion, a violation did exist. Can I get a second? BOARD MEMBER BHATLA: I second it. BOARD MEMBER CURLEY: Well -- so it existed from August '24 until April, but the pictures from May, it was abated, right? MR. HOLMES: Last week, Friday, it was abated, correct. BOARD MEMBER CURLEY: Yes, okay. Just a point of clarification. MS. ALCANTAR: Yes. CHAIRMAN KAUFMAN: Okay. The motion, seconded by Bart. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. May 22, 2025 Page 80 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And you have a recommendation for us? MR. HOLMES: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days. And, 1, that the Code Enforcement Board issues a finding of fact that the respondent was in violation of the referenced code/ordinances at the time of the notice of violation being issued for the unapproved food service/preparation activity. And 2 we can ignore. That's nullified. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: So if it occurs again, typically, if I'm not mistaken, it comes straight to a hearing, right? And then at that point it's -- they can be imposed, because it's a recurring violation, after we hear it. So it's in their best interest not to do it twice. MS. ALCANTAR: Correct. BOARD MEMBER FUENTES: That's why they're putting it on record. MS. ALCANTAR: Thank you. CHAIRMAN KAUFMAN: Let me see if I can fill in the blanks on your recommendation. Thirty days. BOARD MEMBER FUENTES: No, no. There's no need for blanks. BOARD MEMBER CURLEY: No -- sir. BOARD MEMBER BHATLA: It's already abated. CHAIRMAN KAUFMAN: I know it's abated, but don't you want to have it on the record -- BOARD MEMBER CURLEY: Sir, there it is, and there's no May 22, 2025 Page 81 blanks. MR. NOELL: Yeah. The order I will draft for the Board is what -- the motion that was already granted, that there was a violation, and it was timely abated. CHAIRMAN KAUFMAN: Okay. Done. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: Did you make a motion to accept the -- CHAIRMAN KAUFMAN: Just the beginning part, the 59.35 costs. MR. NOELL: That wasn't -- that wasn't part of the motion. I would advise the Board, on the operational costs, typically, this board, if someone's not timely in compliance, operational costs are brought because the county is forced to bring a hearing. The same with a motion for an imposition of fine, the county's forced to bring that hearing. In this situation, the county's not forced to bring the hearing. The respondent timely came in to abate the violation, so that's not an extra work that the county had to do and was forced by the respondent's lack of compliance to bring a hearing. So I would advise against awarding operational costs when it's just a finding of fact. MR. LETOURNEAU: For the record, though, I think, just to counter Mr. Noell, that we did find a violation after the compliance May 22, 2025 Page 82 date of the notice of violation, correct? MR. HOLMES: Correct. MR. LETOURNEAU: So they did violate it after we told them -- after we gave them the compliance time. MR. NOELL: All right. I mean, if you want to muddy the waters. Is the county seeking fines or an imposition of fines or anything? MR. LETOURNEAU: No. We're just seeking a finding of fact, like -- and Mr. Fuentes said it, if we have to bring it back -- if they do, it would be a repeat at that point. We're looking to have a civil penalty also. But I would say that the operational costs are due to our work bringing this case to a hearing because they did not come into compliance during the notice of violation compliance time. MR. NOELL: I would defer to the Board, but that's my advice to the Board. BOARD MEMBER CURLEY: So I'll deal with the motion since I don't think we did a motion. So if we did one, this is going to be the new motion. I make a motion to accept the stipulation -- MS. BUCHILLON: Speak on the microphone. BOARD MEMBER CURLEY: I'm sorry. I make a motion to accept the order as written, less out the 59.39. We're going to delete those fees, and we're going to delete Item No. 2, and so it's just going to -- BOARD MEMBER FUENTES: No, no. Sue, they're asking for it to be paid. BOARD MEMBER CURLEY: No, I don't want to have it paid because I'm reading the line that says the Code Enforcement Board order that the representatives pay the operational costs in the amount of 59 incurred in the prosecution of this case. We're not prosecuting anyone. So that is -- in my opinion, that operational costs will be not -- we're not prosecuting. It is a proactive advancement to the May 22, 2025 Page 83 Board. There's two sides to look at it. So there's -- that's my motion. No fee and No. 1 -- only No. 2 has been deleted by the county. If you read how it's written, that's what it says. So legally -- CHAIRMAN KAUFMAN: Jeff? BOARD MEMBER FUENTES: Legally he did not comply within the NOV time frame. MR. LETOURNEAU: That was the advice of your attorney, to not have the operational costs on these finding of facts, so yeah. BOARD MEMBER CURLEY: This document is dated today, and it says prosecution of this case within 30 days. We're not prosecuting anyone. CHAIRMAN KAUFMAN: Okay. You have a motion. I'll second it. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: We can never read them on there. BOARD MEMBER BHATLA: No fine. CHAIRMAN KAUFMAN: No fine. BOARD MEMBER BHATLA: Yes. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Sue, aye. John? BOARD MEMBER CURLEY: I said aye. CHAIRMAN KAUFMAN: Okay. I'm -- BOARD MEMBER FUENTES: Aye. I guess aye. CHAIRMAN KAUFMAN: Okay. Done. It passes. May 22, 2025 Page 84 BOARD MEMBER CURLEY: I said "aye" three times. BOARD MEMBER BHATLA: Next case. CHAIRMAN KAUFMAN: Okay. Next case. Thank you, Bradley. MR. HOLMES: Thank you, sir. MS. BUCHILLON: Next case, under old business, B, motion for imposition of fines and liens, No. 2, CESD20230008967, Ramiro Trevino. BOARD MEMBER BHATLA: What case is that? CHAIRMAN KAUFMAN: Number 2. Imposition of fines. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PACKARD: I do. MR. TREVINO: I do. CHAIRMAN KAUFMAN: Jason? MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Okay. Everybody sworn? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Could you state your name on the mic for us? MR. TREVINO: Albert Trevino. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: Yes, sir. CHAIRMAN KAUFMAN: Do you want to read this into the record for us, Jason? MR. PACKARD: Absolutely. Past orders: On April 25th, 2024, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, May 22, 2025 Page 85 OR6363, Page 872, for more information. On November 20th, 2024, the Code Enforcement Board granted a continuance. This violation has not been abated as of May 22nd, 2025. Fines and costs to date are as follows. Fines have accrued at a rate of $100 per day for the period from August 24th, 2024, to May 22nd, 2025, 272 days, for a total fine amount of $27,200. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, $59.42. Total amount, 27,259.42. CHAIRMAN KAUFMAN: Could you read that total again? MR. PACKARD: You may have an old -- an old one. The gentleman paid this morning. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: This is Trevino? MR. PACKARD: Yes. 27,259.42 is the correct amount. CHAIRMAN KAUFMAN: Okay, sir. MS. BUCHILLON: I think I provided you with a new one in there after. CHAIRMAN KAUFMAN: That's okay. I could do the arithmetic. BOARD MEMBER CURLEY: Has -- has the violation been abated? MR. PACKARD: No, ma'am. It is still not abated. CHAIRMAN KAUFMAN: Sir. MR. TREVINO: So I've -- since the beginning, I've been proactive. I am -- I am one of those people that has Octavio as my engineer, or I don't even know what to even call him anymore. But that's who I have. From the beginning, I've gotten my own spot surveys. I've May 22, 2025 Page 86 gotten my own paperwork done. And right now we're just waiting on him to finish up. We are in permitting. There were -- there were some stipulations that the -- corrections that the county wanted. We got those done. The department -- or the environmental has now gotten involved. I've hired an environmentalist. Come to find out, I don't need them anymore because it's farmland. I've submitted the paperwork already to Octavio, and I've been waiting. It's the only thing we're waiting on, for him to submit the corrections and the environmental piece of paper. I've gone. I've called several times. The lady that handles my paperwork is not there. And she's there -- when she is there, I guess it's half a day. We have -- we have three additional things with him that we still haven't been able to resolve. And I don't know if -- to resolve them, I don't know to just drop him. The problem is is that there's no other engineers out there that will take small things of this nature. So as of right now, I'm waiting to see if she'll submit the paperwork for the permits or to get the permit corrections resolved. That's all I've got for you, so... BOARD MEMBER FUENTES: The only problem is, I know last time you were here, I gave you the extra time, and I remember you telling us you had Octavio. And now it's -- you know. MR. TREVINO: Now -- BOARD MEMBER FUENTES: What do we do? MR. TREVINO: We were actually -- when I sat here, I actually -- we had the actual paperwork approved from the county. We got an approval, and I took it directly to them, and they came out. And I guess -- or it was under review. And however long it took them to get it to review, I have no idea. All I -- you know, you leave it in their hands to try to do whatever it is that they do with the May 22, 2025 Page 87 county. I've called numerous times. Then all of a sudden, they had this whole fiasco happen. Their office has been closed. So now they don't even answer. Sometimes they do. They have all my paperwork. I have no idea how to even get any of the paperwork. So then as of right now, do I start from square one and go get another engineer, go get another drafter, or do I just say, okay, let's -- hopefully within the next 30 days, hopefully he resolves something? Because we're already in permitting. We're already in there, you know. And we've already submitted the -- we submitted the corrections. I don't even know if she submitted the paperwork for the environmental. BOARD MEMBER FUENTES: The problem is, I granted you the continuance back on November 20th, 2024. MR. TREVINO: I understand. BOARD MEMBER FUENTES: We're already basically half the year of 2025. That's where -- that's where things get hard, because that train of thought that you have right now, I wish you would have said that back in November and maybe gone a different route, hired someone new, and then today we would have been abated, hopefully, but -- MR. TREVINO: In November, we didn't have these issues. In November -- as I sat here with you in November -- and I do remember. It's like it was yesterday. The permit was -- I mean, they got -- they accepted the paperwork. And I remember -- I remember showing that. So from now on -- typically it's smooth sailing from there, you know, nine times out of 10 it is, except for when you have this guy, apparently. So again, we're here. I've been as compliant as I can up to this May 22, 2025 Page 88 point. I -- you know, if I could do something else, I would, short of saying, you know, you're fired, and now what? So now I start from scratch with you guys, and I look even worse because I don't even know of a plan right now on who would accept that -- you know, this small of a project. CHAIRMAN KAUFMAN: Well, it -- because it has not been abated, the only two choices we have as a board is to impose the fine or to grant a continuance of some amount of days. Now, I don't know how many days more this -- you were given, like, six months in November. I think the Board would be reluctant to provide another six months. If you think it's right around the corner, we would certainly consider some shorter time frame, but I don't know what you need to do to go find the person who needs to sign off on this and make them an offer they can't refuse. MR. TREVINO: I will tell you that at this particular point in time, if -- whatever you guys grant me, if I don't have it, I'm just knocking everything down. It's just -- I'm to that point already. It's -- and the money that I've lost, I've lost it. BOARD MEMBER FUENTES: I can't give you another six months. MR. TREVINO: That's fine. I mean, give me whatever you think. BOARD MEMBER FUENTES: That can't be done, because we're at eight months already, but -- CHAIRMAN KAUFMAN: How about -- MR. TREVINO: Maybe 90 days. CHAIRMAN KAUFMAN: Ninety days. BOARD MEMBER FUENTES: Ninety days. And you may have to knock that sucker down. I mean, if you come before the Board again, I just -- I don't think we can. MR. TREVINO: And I'll knock it down. That's where I'm at. May 22, 2025 Page 89 Like I said, this is -- the holdup isn't on me. BOARD MEMBER CURLEY: Well, when the person that you're working with's face is on the front page of the newspaper, you need to take a different direction. And so whatever business you're doing with somebody who's involved in an investigation, that's not going to make things any quicker. So if you can get your information and all of your documents back, whether they're even open or not, anyone, even a friend, would suggest that you go get everything that belongs to you, and move on. MR. TREVINO: Okay. BOARD MEMBER CURLEY: So don't use that there's not anyone around. There's tons of people around. You just have to go find someone else. MR. TREVINO: Understandable. BOARD MEMBER CURLEY: Don't use that excuse anymore. We're very sorry, and we feel very -- I feel silly that this is even happening, that this -- that this has gone on. This person's name has been brought up here for years, and it's embarrassing to know that somebody operated in our county for so long. So I have a different opinion about all of these cases. CHAIRMAN KAUFMAN: Well, I'd like to give -- if you're going to remove them, be aware that you probably need a demo permit; is that correct, Jeff? BOARD MEMBER FUENTES: Yes. MR. LETOURNEAU: If he's -- the question is, does he need a demo permit for this particular structure? Yes, he's going to need a demo permit for it. CHAIRMAN KAUFMAN: Okay. So he'll need some time on that alone. MR. LETOURNEAU: Right. A demo permit is a lot quicker than a building permit, though. May 22, 2025 Page 90 CHAIRMAN KAUFMAN: I understand. I would like to make a motion that we grant 90 days' continuance on this. MR. TREVINO: Okay. CHAIRMAN KAUFMAN: Obviously, the quicker you get it done, the quicker the fines stop accruing. MR. TREVINO: I appreciate it. BOARD MEMBER FUENTES: And you will need to pay the operational costs today of 59.42. MR. TREVINO: Okay. CHAIRMAN KAUFMAN: Okay. So that's my motion. Do we have a second? BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. TREVINO: Thank you. CHAIRMAN KAUFMAN: Good luck to you. BOARD MEMBER FUENTES: Mr. Trevino, I don't -- MR. TREVINO: I understand. BOARD MEMBER FUENTES: The next time, you know -- MR. TREVINO: Listen, I'm embarrassed to come here, too, to ask for more. It's been six months. But like I said, when they don't answer the phones -- and I understand -- I understand what's going on, and I should have moved on, however, from my understanding, they got -- they got a new engineer, things are going to start rolling. And that's where I'm at. I mean, when you have -- when, really, that's May 22, 2025 Page 91 all you've known, what do you do? You know. And that's where I'm at. So I guess hope is what we have -- you know, is what we're trying to do, but... CHAIRMAN KAUFMAN: Hope is eternal. BOARD MEMBER CURLEY: Hope is not a strategy. MR. TREVINO: As of right now, no. But I've got 90 days to work on it. Thank you. Have a good one. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: You, too. MS. BUCHILLON: Next case, No. 4, CEVR20230007645, Alberto Flores Maldonado. BOARD MEMBER BHATLA: Case No. 4? CHAIRMAN KAUFMAN: In imposition of fines. 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. SEVERO: Yes, I do. 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. FLORES: I do. THE COURT REPORTER: Now I need your name. MR. SEVERO: Pablo Severo, S-e-v-e-r-o. MR. FLORES: Alberto Flores. CHAIRMAN KAUFMAN: Okay. I heard both your names on the microphone. Brian, I have one question before we begin. Has the previously assessed operational costs of 59.28 been paid or not? MR. OWEN: No, sir. CHAIRMAN KAUFMAN: Okay. Okay. You want to read this May 22, 2025 Page 92 into the record for us? MR. OWEN: I'd love to. Past orders: On February 22nd, 2024, the Code Enforcement Board issued a findings of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6336, PG407, for more information. On November 20th, 2024, the Code Enforcement Board granted a continuance. The violation has not been abated as of May 22nd, 2025. Fines and costs to date are as followed [sic]: Fines have accrued at a rate of $100 per day from a period of August 23rd, 2024, to May 22nd, 2025, 273 days, for a total fine amount of $27,000 -- $27,300. Fines continue to accrue. Previous assessed operational costs of 59.28 has not been paid. Operational costs for today is 59.42, for a total fine amount of $27,418.70. CHAIRMAN KAUFMAN: Okay. Is there any reason why the 59.28 from the previous operational costs have not been paid? MR. SEVERO: He said that he already paid that. CHAIRMAN KAUFMAN: Brian? MR. OWEN: When? CHAIRMAN KAUFMAN: When? MR. SEVERO: Three or four days after he got the last court here -- or meeting here. MR. OWEN: I'm still showing 59.28 due. MR. SEVERO: He got the receipt, but he doesn't have it here. He got it at home. CHAIRMAN KAUFMAN: What's he saving it for if he's not going to bring it before us? MR. OWEN: He might have paid something else, unfortunately. May 22, 2025 Page 93 MR. SEVERO: He didn't know that it wasn't asking for this paper. BOARD MEMBER CURLEY: Okay. Well, mistakes happen. We'll sort it out later. CHAIRMAN KAUFMAN: Okay. In the meantime, there's only two things we can do, as I said in the last case. We can impose the fine, or if there's some light at the end of the tunnel, we could give a continuance on it. What's the reason why this is still active? MR. SEVERO: He already hired another engineering to do the -- try to apply for the permit. We talked to Brian this morning about the permit that we apply back in, I believe, February or March. It was rejected. We get a letter of rejection, and we are working on the rejection letter. CHAIRMAN KAUFMAN: You -- that was February of '24. BOARD MEMBER FUENTES: Brian, is there a new permit on file for this? MR. OWEN: Yes, sir. He does have a single-family-home permit in place. It was placed on -- let me check -- I believe it was March. MR. SEVERO: March. MR. OWEN: March something of this year, and he has been -- it's been rejected because they -- BOARD MEMBER FUENTES: Oh. It got rejected when? What I'm asking is, has he done anything since the rejection point? MR. OWEN: Would you like me to pull up the rejection letter? BOARD MEMBER FUENTES: Yes. I need a -- MR. SEVERO: March 21st, 2025. BOARD MEMBER FUENTES: That's when it was rejected. MR. SEVERO: Yeah, the last letter. BOARD MEMBER FUENTES: Okay. And since that rejection, has he applied for a new permit or anything? May 22, 2025 Page 94 MR. SEVERO: No. We're working on the corrections. MR. OWEN: Yeah. April 4th of this year is when the -- and the incomplete -- incomplete submittal notice went out. CHAIRMAN KAUFMAN: Okay. And it was rejected, and you said you're working on the exceptions that are listed on the rejection form? MR. SEVERO: Yes. With the engineering, with the septic tanks and all the trusses planned that they are requesting from the rejection letter. CHAIRMAN KAUFMAN: And you're working on them in what respect? The septic, it has to be done by a licensed -- MR. SEVERO: Yeah. We requested to the engineering to work on the plans. CHAIRMAN KAUFMAN: You have a contract with them? MR. SEVERO: He has, yes. BOARD MEMBER CURLEY: Do you have evidence that you've hired an engineer? MR. SEVERO: No, not here. CHAIRMAN KAUFMAN: Well, this is the place you have to bring all the evidence if you want. The only thing we can do now is impose the fine, or if you tell me that we're going to have everything done in two weeks or so or a month or whatever, we could grant a continuance on that. MR. SEVERO: Alberto was asking for another extension for -- we already talked to Brian about that. We need more time to try to get the engineering to finish all the septic plans that he's doing. BOARD MEMBER CURLEY: Okay. Excuse me. So have you ever had more further conversation about this engineer with them, and do you know who it is? MR. OWEN: I'm not aware of who they have hired. We did briefly speak in the hallway, as we traditionally do before hearings. May 22, 2025 Page 95 They're outlining, you know, they applied for a single-family home. They have issues. They've gotten the rejection letter. They're responding to the rejection letters. They're compiling the necessary required items, the plans, the calcs, all that to submit so they can get this moving forward. BOARD MEMBER CURLEY: And so the person that submitted the permit was himself? MR. OWEN: That I am not aware of. CHAIRMAN KAUFMAN: Who submitted the permit? MR. SEVERO: I did. Myself did. CHAIRMAN KAUFMAN: You did? MR. SEVERO: Yes. BOARD MEMBER CURLEY: And who are you? MR. SEVERO: Excuse me? BOARD MEMBER CURLEY: Are you -- I thought you were interpreting for him. I'm so sorry. I misunderstood. Are you -- MR. SEVERO: I am interpreting, and I -- you just asked that question, yes, I am. I've been -- Alberto asked me for help beginning of the year after he got involved on this. I work in construction area, and I do permitting, and I do all the paperwork. BOARD MEMBER CURLEY: So the house is being built as an owner, or you're building it as -- MR. SEVERO: No, he's doing that by owner. MR. IANDIMARINO: If I may, Mr. Chairman. Tom Iandimarino, director of Code Enforcement. I do not see a permit at all in place in CityView for this property. Do you see anything, Mr. Letourneau? MR. LETOURNEAU: I do not. I was questioning Brad whether or not he -- something might have been wrong with my CityView, but -- MR. OWEN: Are you utilizing the folio number? May 22, 2025 Page 96 MR. LETOURNEAU: I am using the folio number, yes. MR. IANDIMARINO: Do you have a permit number? MR. OWEN: I do. MR. SEVERO: The permit number is 20250311750. MR. OWEN: Right. MR. LETOURNEAU: I just see, like, a fence/wall abandoned permit and an agricultural clearing permit that is overdue. MR. OWEN: If you were to go to the portal and just simply put in the folio, it does bring up this one permit. That's how I had to do it to find it as well. MR. IANDIMARINO: All right. Thank you. BOARD MEMBER CURLEY: For the new construction? MR. SEVERO: For new construction. BOARD MEMBER CURLEY: And so -- CHAIRMAN KAUFMAN: So there's a permit, and it's been rejected; is that correct? MR. SEVERO: Yes. BOARD MEMBER CURLEY: So let's ask. So he cleared the land, got a violation, and then started building -- trying to put the permit in to build the house with your help, but you're not a licensed contractor? MR. SEVERO: No. BOARD MEMBER CURLEY: Okay. MR. SEVERO: But he didn't, I mean, you -- he didn't clear the land for do the new construction. He started cleaning for a fence, and then after that -- he didn't clear the whole lot, I mean. BOARD MEMBER CURLEY: So he didn't get a permit for the fence either. MR. SEVERO: No, no. He didn't know he had to get the permit for the fence. BOARD MEMBER CURLEY: There's a lot to learn. May 22, 2025 Page 97 CHAIRMAN KAUFMAN: Yeah. MR. OWEN: He does have a fence permit, but it is currently in an abandoned status. BOARD MEMBER CURLEY: Did he clear so much land that it created this for the fence; is that what happened? MR. OWEN: Well, he started clearing vegetation on this property, and part of trying to abate it is to get the wall/fence permit that allows you to do a certain amount of clearing, so -- but that is, unfortunately, in abandoned status, so now he's going down the route of a residence on the property. BOARD MEMBER CURLEY: Well, I have a personal opinion about this. I think this is just going to go nowhere for a long, long time. CHAIRMAN KAUFMAN: I agree. I think we should impose the fine. BOARD MEMBER CURLEY: I just think we should impose the fine and move on. And if this gentleman wants to fight it later down the line -- but as an owner/builder putting in a permit, we don't know if he needs DEP. I mean, this is just a disaster already from the beginning, and I just think we should just impose the fine and move on. CHAIRMAN KAUFMAN: Do you want to make the motion, or do you want me to? BOARD MEMBER CURLEY: I'll make the motion to impose the fine. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. I'll second it. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. May 22, 2025 Page 98 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I would suggest that you go to the county, and Renald Paul may be the answer here to point you in the right direction. But right now, this is not working out. Right from the beginning, previous assessed operational costs, you say you paid it, they have no record, and then we go from there. The permit was in rejected status, et cetera. That's all we can do. BOARD MEMBER CURLEY: We can't babysit you through your whole house-building project when you started it backwards. That's not what we're here for. We really aren't. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And just a point of clarification, the operational costs for the original hearing has been paid, but the operational costs from the previous continuance is still due. CHAIRMAN KAUFMAN: Right. That's what's on the paper. MR. LETOURNEAU: Okay. All right. CHAIRMAN KAUFMAN: Okay. Thank you, Brian. Thank you. MR. SEVERO: Thank you. MS. BUCHILLON: Next case, we are still under imposition of fines, No. 6, CESD20230009928, Marco Antonio Vasquez, Olga Resendez Vasquez, and Irma Jovita Gallegos. THE COURT REPORTER: Are you interpreting, or are you one of the parties? MS. GEURE: I am interpreting for him. 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? MS. GEURE: Okay. Yes. May 22, 2025 Page 99 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. MR. VASQUEZ: Yes. THE COURT REPORTER: And state your name. MS. GEURE: Sulema Geure. MR. VASQUEZ: Marco Vasquez. CHAIRMAN KAUFMAN: Do you have the hand mic? THE COURT REPORTER: Can you spell your last name? MS. GEURE: G-e-u-r-e. CHAIRMAN KAUFMAN: Sir, do you want to sit down while we hear the case? You may want to move over one seat so we can see you. Okay. Can you say "testing" in the microphone? MR. VASQUEZ: Testing. CHAIRMAN KAUFMAN: Okay, I hear you. All right. Would you like to read this into the record for us? MS. RODRIGUEZ: For the record, Marie Rodriguez, Collier County Code Enforcement. Past orders: On November 20, 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 the attached order of the Board, OR6422, Page 3012, for more information. The violation has not been abated as of May 22nd, 2025. Fines and costs -- fines and costs to date are as follows: Part 1, fines have accrued at a rate of $200 per day for the period from March 21st, 2025, to May 22nd, 2025, 63 days, for a total fine amount of $12,600. Part 2 abated by November 26th, 2024, within the compliance May 22, 2025 Page 100 deadline. Fines continue to accrue. Previously assessed operational costs of $59.28 has been paid. Operational costs for today's hearing is $59.56. Total amount is $12,659.56. CHAIRMAN KAUFMAN: Can you explain that bottom portion, Part 2? Part 1 was what? MS. RODRIGUEZ: The Part 1 was for the permit for the addition in the rear. The Part 2 was for the electrical part that he hired someone to go and visually look at it, a contractor, to make sure that the electrical was up to code. CHAIRMAN KAUFMAN: So the electrical's fine. That was heard. So now what is accruing? What fine? MS. RODRIGUEZ: The building part that was added in the rear, the addition. CHAIRMAN KAUFMAN: Okay. And that fine was how much? Two hundred dollars a day? MS. RODRIGUEZ: Two hundred dollars a day. CHAIRMAN KAUFMAN: Okay. Okay. So do you understand? MS. GEURE: He says he was in the hospital all this time, in and out. He's asking for leniency of what he owes for the fact that he's had three or four strokes, he's had three stents placed in, a catheter placed in, and he's just in and out of the hospital. And he really doesn't have anybody to help him. CHAIRMAN KAUFMAN: Okay. There is -- at this point, since it has not been abated, there's only two things we can do. We can impose the fine, or we could grant a continuance for some amount of days where he believes he can get this thing all done and get a CO. MS. GEURE: I'm sorry. He wants to know what -- how long of an extension can he have? May 22, 2025 Page 101 CHAIRMAN KAUFMAN: How much of an extension does he need to get into compliance? MS. GEURE: Like, four months. CHAIRMAN KAUFMAN: Four months he thinks he can get this done? MS. GEURE: Yes, in four months. MS. RODRIGUEZ: He does have a permit that he applied for today for the addition in the rear. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: It just started. It has to go through the review process, and then if they're asking for a surveyor, he's got to go through the survey process and hopefully get it done. BOARD MEMBER CURLEY: Did he put it in himself as an owner? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: You don't have a contractor? MS. GEURE: No -- yes, Augustine. He says that's his name. MS. RODRIGUEZ: That's the engineer. MS. GEURE: The engineer's name. CHAIRMAN KAUFMAN: So he has a contractor or he doesn't? BOARD MEMBER FUENTES: He says he does. MS. RODRIGUEZ: He does not. He does not. It's owner/builder. It's already built. So they did the plans for whatever is there, so he should be relatively -- if it passes through all the -- CHAIRMAN KAUFMAN: Inspections. MS. BUCHILLON: -- inspections, he should be done, besides the survey that needs to be done. CHAIRMAN KAUFMAN: So four months may be sufficient time? MS. RODRIGUEZ: I would think so. May 22, 2025 Page 102 CHAIRMAN KAUFMAN: Okay. Well, I'll make a motion that we grant you four months to get a CO and get all your paperwork done. And during that time, the fines will continue to occur [sic]. So the faster you get it done, the smaller the fines will be, and we can talk about what we do with the fines after you get everything into compliance. Okay. That's my motion. Can I get a second? BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: Okay. I have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So four months. Get it done. MS. GEURE: Okay, thank you. MS. BUCHILLON: Did you want to add the ops costs to that? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. BOARD MEMBER FUENTES: There's an operational cost that he does need to pay for today. It's going to be the 59.56. MS. GEURE: Okay. Where? BOARD MEMBER FUENTES: It probably won't be able to be paid today, but if you go to the Code Enforcement Department over in the Growth Management building, I believe. MS. GEURE: Tomorrow. BOARD MEMBER FUENTES: Helen should be able to -- MS. BUCHILLON: Yeah. Give us a day or two so we can put May 22, 2025 Page 103 it in the system. MS. GEURE: Okay. CHAIRMAN KAUFMAN: Okay. Okay? MR. VASQUEZ: Okay. MS. GEURE: Thank you. CHAIRMAN KAUFMAN: Next case, Helen. MS. BUCHILLON: Next case still under imposition of fines, No. 7, CELU20230011037. Wait. Hold on. I lost the name. Christian M. Lopez, Misleydis C. Rodriguez, and Ricardo M. Rodriguez Leyva. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. LOPEZ: I do. MS. MISLEYDIS RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. LOPEZ: Christian Lopez. MS. MISLEYDIS RODRIGUEZ: Misleydis Rodriguez. CHAIRMAN KAUFMAN: Okay. Cristine, do you want to read this into the record for us? MS. PEREZ: Yes, sir, I will. For the record, Cristina Perez, Collier County Code Enforcement. Past orders: On February 27, 2025, 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, OR6449, Page 2769, for more information. The violation has not been abated as of May 22nd, 2025. May 22, 2025 Page 104 Fines have accrued at the rate of $200 per day for the period from March 30, 2025, to May 22nd, 2025, 54 days, for a total fine amount of $10,800. Fines continue to accrue. Previously assessed operational costs of $59.23 have been paid. The operational costs for today's hearing was $59.49, for a total fine amount of $10,859.49. CHAIRMAN KAUFMAN: Okay. This description of the violation -- BOARD MEMBER FUENTES: Your phone's ringing. BOARD MEMBER CURLEY: Oh, my gosh. CHAIRMAN KAUFMAN: It's -- Bart's got it covered. Maybe. You can use this (indicating). Okay. You understand what the violation was? MR. LOPEZ: Yes. CHAIRMAN KAUFMAN: And according to the paperwork that I have, it's still in violation. MR. LOPEZ: Yes. CHAIRMAN KAUFMAN: Okay. And since it's in violation, as I've said the last three cases, we have a choice of one of two things -- two things that can happen. We can impose the fine, or we can grant a continuance. So your turn to -- MR. LOPEZ: So basically, I'm just asking for, like, a motion for an extension of about 45 days because due to one of my trailers being out of state, we are working on getting it, like, to the state guidelines. So that will be, like, a process, and we'll comply with it. We just need more time for that. But we got everything else taken care of on the property as so, but we just need to get that to match state guidelines, and then we're good. BOARD MEMBER CURLEY: I don't understand what you're saying. MS. PEREZ: So, Board Members, I can explain. The May 22, 2025 Page 105 description of the violation, what we have that remains, they're no longer running a business operation as was initially described, but what they do have left were vehicles that they were storing on the property that did not technically belong to them because they needed to change the registration. They have achieved that except for one of the trailers that still needs to be in compliance with a valid registration issued to them so that they can have all the vehicles on site legally stored. CHAIRMAN KAUFMAN: Okay. So if we were to grant a 60-day continuance, that would make everybody happy, and hopefully this case would be resolved? BOARD MEMBER CURLEY: Yeah, and that would have given them one full year to do this. CHAIRMAN KAUFMAN: Right. But at this point, it's 45 days, and he's complied with other parts of it. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: So I make a motion we grant a continuance of 60 days. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Operational costs for today? CHAIRMAN KAUFMAN: Operational costs today, yes. MR. LOPEZ: Have a good day. May 22, 2025 Page 106 CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Next case, No. 8, CESD20240001038, Lazaro Y. Ebanks Estevez. 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. ROBERTSON: I do. MS. GOMEZ: I do. MR. EBANKS: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us? You can pull it closer to you. MS. GOMEZ: Cahily Gomez. THE COURT REPORTER: Can you do that again slower. MS. GOMEZ: Can I spell? THE COURT REPORTER: Yes. MS. GOMEZ: C-a-h-i-l-y, Gomez. MR. EBANKS: Lazaro Ebanks. CHAIRMAN KAUFMAN: Your name. I can't understand you. Your name? MR. EBANKS: Lazaro. CHAIRMAN KAUFMAN: Okay. All right. All right. This is another one with a long description of the problem. Multiple buildings, et cetera. Do you want to read that into the record for us, please? MR. ROBERTSON: So this is -- description is multiple buildings/structures, and alterations/improvements have been erected or constructed on this property. MR. LETOURNEAU: Just read the executive summary. MR. ROBERTSON: Oh, I thought he wanted me to read that, sorry. You did see the past order, correct? CHAIRMAN KAUFMAN: On August 22nd, 2024... May 22, 2025 Page 107 MR. ROBERTSON: Yep. I'm there on here. So on August 22nd, 2024, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR6419, PG3217, for more information. The violation has not been abated as of May 22nd, 2025. Fines and costs to date are as follows: Part 1, fines have accrued at a rate of 200 per day for the period from February 19th, 2025, to May 22nd, 2025, which is 93 days, for a total fine amount of 18,600. Part 2 was abated by August 26th, '25, within the compliance deadline. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.42. Total amount, $18,659.42. CHAIRMAN KAUFMAN: Okay. What was Part 2 of this order? MR. ROBERTSON: Part 2 was the electric that was actually turned off. It's connected to a breaker that is connected to a house. CHAIRMAN KAUFMAN: Okay. MR. ROBERTSON: So it's off, though. So they did -- were in compliance. CHAIRMAN KAUFMAN: Okay. And in summary -- so the fines continue to accrue at $200 a day -- MR. ROBERTSON: Correct. CHAIRMAN KAUFMAN: -- is that correct, for Part 1? MR. ROBERTSON: Correct. BOARD MEMBER CURLEY: So they turned the breaker off. MR. ROBERTSON: They did. CHAIRMAN KAUFMAN: Right. BOARD MEMBER CURLEY: So we're eight months forward, May 22, 2025 Page 108 and there's an entire compound that's been built out there from a pool to converting a garage to a home to, like, an entire compound. CHAIRMAN KAUFMAN: Okay. MR. ROBERTSON: Correct. CHAIRMAN KAUFMAN: Let the respondents -- MR. ROBERTSON: Sure. CHAIRMAN KAUFMAN: -- go first, and then our questions. So you've had a year, and you turned off a breaker. What else have you done? MS. GOMEZ: Yeah. But it is a long process, and I do the -- all the permit by myself. I learn in the process. So for that I thank, and sometimes I need help. And also is a lot of cost, I know. And we know the deadline was February, but we still continue working on the permit. So we want to solve the -- get a dissolution [sic], but at this point, we need more time for finish the permit. CHAIRMAN KAUFMAN: Do you have a permit now? MS. GOMEZ: Only we have the kitchen done. The other -- CHAIRMAN KAUFMAN: No, no, no. Do you have a permit? MS. GOMEZ: Permit? BOARD MEMBER FUENTES: Is there a permit? MR. ROBERTSON: They have permits. The above-ground pool has a permit. One inspection approved, one pending, for the final pool. And they are seeking on obtaining permits for the garage that's been converted. The kitchen and the principal structure has -- just has fees, a $65 fee, probably to close it. And they've removed two structures. They have a permit with -- three inspections have been approved. Two inspections -- or two pending for the monolithic slab, and the building final. BOARD MEMBER FUENTES: So they are working on it? MR. ROBERTSON: Yeah, they have a few -- May 22, 2025 Page 109 MR. LETOURNEAU: Yeah, they're definitely working on it. BOARD MEMBER FUENTES: It seems like -- okay. That's huge. Okay. BOARD MEMBER CURLEY: So -- BOARD MEMBER FUENTES: She's got a bunch of permits. She's already removed some structures. She's actively working. You want a continuance? MS. GOMEZ: And I do everything for myself. I almost architect. I draw for myself because -- BOARD MEMBER FUENTES: How much time do you think you need? MS. GOMEZ: I mean -- I don't know. Maybe another six months, is it possible? I will try to get everything done. BOARD MEMBER FUENTES: If you have to come back, it would be good if you come back with the paperwork that he has in his hands showing how much work you've done, because to come and not show anything is not good. But he has the information which is really good because we now understand that you're doing a lot to try to come into compliance. So I'm feeling that I'm okay with granting a continuance considering how many permits she's actively pulling and structures she's already removed. BOARD MEMBER CURLEY: Yeah. And just to understand how we feel, I didn't feel that way. I was just going to put the fine in and move on, because it -- you didn't show any -- you didn't show that you had any permits. You didn't provide any documentations, and we didn't know. So you really -- when you come next time, you have to come with all of your information to show us. You can't rely on them to look up everything. I mean, I know you should be working with them, but it is your job to help yourself not have -- be fined more, because in the next six May 22, 2025 Page 110 months you'll keep being fined, so you're going to have to speak to that fine at the end of this if you can get it done. MS. GOMEZ: I got it. CHAIRMAN KAUFMAN: And I just want you to understand that the longer it takes you to get your CO, the fines continue to pile up. So it's in your best interest, even if we grant a continuance for six months, that you get it done before that. MS. GOMEZ: Got it. CHAIRMAN KAUFMAN: And then we can discuss your fines at that time. So, John, do you want to make a motion? BOARD MEMBER FUENTES: Yeah. I'll make a motion to grant them another 180 days. It's going to be a continuance. And today's operational costs of 59.42 do need to be paid within 30 days. MS. GOMEZ: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion. I second it. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. BUCHILLON: Next case, No. 9, CESD20220007688, Erick Innis and Alyssa Innis. 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. May 22, 2025 Page 111 MR. SAMADNEJAD: I do. BOARD MEMBER FUENTES: Gosh, Brian. MR. OWEN: What? BOARD MEMBER FUENTES: I've just seen you a lot today. BOARD MEMBER CURLEY: Hang out here much? MR. OWEN: Sorry. BOARD MEMBER FUENTES: You're violating everybody. MR. OWEN: Yeah. Okay. First thing that needs attention today is this gentleman here today is the contractor, and this was emailed to me today for his representation today. BOARD MEMBER FUENTES: Okay. MR. OWEN: Okay. It was kind of a last-minute thing, so I never had the opportunity to get the proper form filled out. So it's up to you guys if you'll accept this today and allow him to represent his clients, the Innises, for today. CHAIRMAN KAUFMAN: Sure. MR. NOELL: Sir, you have permission to speak on behalf of Erick and Alyssa Innis in regards to the violation today? MR. SAMADNEJAD: I do. CHAIRMAN KAUFMAN: Okay. Brian, do you want to read -- start on September 28th, 2023, the Code Enforcement Board, blah, blah, blah? MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement Board. Past orders: On September 28th, 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 violations. See the attached order of the Board, OR6298, PG1671, for more information. On January 25th, 2024, the Board -- Code Enforcement Board granted an extension of time. May 22, 2025 Page 112 On November 20th, 2024, the Code Enforcement granted a continuance. The violation has not been abated as of May 22nd, 2025. Fines and costs to date are as followed [sic]: Fines have accrued at a rate of $200 per day from the period of July 26th, 2024, to May 22nd, 2025, 301 days, for a total fine amount of $60,200. Fines continue to accrue. Previous assessed operational costs of 59.21 and 59.70 have been paid. Operational costs for today is 59.84, for a grand total amount owed of $60,259.84. CHAIRMAN KAUFMAN: Okay. Can I ask before you begin, when did you get hired? MR. SAMADNEJAD: I started being involved about, I want to say, middle of last year, middle to end of last year, like August-ish. THE COURT REPORTER: What's your name? MR. SAMADNEJAD: Kamrun. THE COURT REPORTER: Last name? MR. SAMADNEJAD: Samadnejad. CHAIRMAN KAUFMAN: Again, we have a case of it's impose the fines or grant a continuance. What's been done? I mean, this is -- MR. IANDIMARINO: Mr. Chairman, may I interrupt, please? Tom Iandimarino, Director of Code Enforcement. Brian, could you please put up that email that the respondent sent to you. MR. OWEN: Sure. MR. IANDIMARINO: It had a different name. What is your name, sir? MR. SAMADNEJAD: Kamrun. It was just missing the M. It's K-a-m-r-u-n, Samadnejad. The last name is correct. MR. IANDIMARINO: Okay. Your name is? May 22, 2025 Page 113 MR. SAMADNEJAD: Kamrun, K-a-m-r-u-n. MR. IANDIMARINO: K-a-m-r-u-n, okay. Thank you. I wanted to confirm. MR. SAMADNEJAD: Yeah. CHAIRMAN KAUFMAN: Okay. So I originally got involved trying to fix the issue that was at hand with the structure that was already on the property. After months of going back and forth and having the owners -- sorry, the neighbors on board to help us with the lot line adjustments, the owner -- the neighbor -- sorry, the neighbor got cancer and, because of his health issues, didn't want to get -- be involved anymore. So last time I was here, we had decided that we're going to do a metal building on site, new metal building, and that we were going to tear this one down. So we contracted with a metal building company. They're actually providing the metal building structure and installing it. That's been contracted for. Deposits and engineering have been paid for. And the architect just finished his drawings. I got my septic approved -- septic drawings, and as of yesterday, Shalonda Washington from Reliable Permitting has submitted for the new permit. So we're just kind of waiting for that to go through review process, get the concrete pad done, and then the company will come in and install the metal building. BOARD MEMBER CURLEY: Why is this one not demoed? MR. SAMADNEJAD: So last time I was here, I had asked you guys for permission to keep that structure up until this new one is done, and I was granted that, and that's why it's still up. CHAIRMAN KAUFMAN: Okay. So -- BOARD MEMBER CURLEY: I vaguely -- excuse me. I vaguely remember the property line. It was a survey error, like, years May 22, 2025 Page 114 back or something; was that what it was? MR. SAMADNEJAD: Yeah. It was permitted through the county. Everything's good. The permits were all finaled, and then when he acquired the property -- BOARD MEMBER FUENTES: Oh, I remember now. BOARD MEMBER CURLEY: Yes. Because we looked back at this wondering why we would, like, let this go on and on for a silly horse -- BOARD MEMBER FUENTES: Can we just -- like, let's just give him what he needs, I guess. We already did once. CHAIRMAN KAUFMAN: How long do you think it's going to take until the slab is done and the building is put up? MR. SAMADNEJAD: From my experience, the county takes three to four weeks to get us stuff back without rejections. So let's say a month there. Three weeks for the concrete pad to go down. And the company says from the moment I send them my issued permit, they're about six to eight weeks out. So I would say hopefully four months is okay. BOARD MEMBER CURLEY: And then you demo it right after? MR. SAMADNEJAD: As soon as that's done, that's gone. BOARD MEMBER CURLEY: Just put your demo permit in ahead of time. MR. SAMADNEJAD: That's fine. BOARD MEMBER FUENTES: Jeff has something to say. MR. LETOURNEAU: Yeah. For the record, Jeff Letourneau, Collier County Code Enforcement. I just want to point out that the notice of violation was served on September 24th, 2022. Nothing has been done yet. I mean, literally, you guys applied for a permit back maybe a year and a half ago. It's in abandoned status. And I just -- I'm not comfortable with -- or the May 22, 2025 Page 115 county's not comfortable with granting a continuance at this time. They've done nothing. BOARD MEMBER FUENTES: The permit is still currently in abandoned status? MR. LETOURNEAU: Yes. MR. OWEN: That is for the building that was currently there. The conversion of the horse stalls to the kennel is in abandoned status, and they applied for the new metal building yesterday. MR. LETOURNEAU: We're not -- I mean, they're -- they're wanting to build a whole new building before they demo this one, which has been cited two and a half years ago. Two and a half years ago. MR. SAMADNEJAD: So -- BOARD MEMBER CURLEY: So wait a minute. Maybe -- do we have that of record that we said that you could keep the old barn until the new one's built? I don't remember that. MR. LETOURNEAU: I don't recall that either. MR. SAMADNEJAD: So when I was here last time, when I -- when we were kind of finishing up our conversation, I had asked if it was okay to move -- to keep the old structure there until the new one's built, and -- MR. LETOURNEAU: That's not in their wheelhouse right there. They can grant you more time on a continuance, but they can't -- they can't say that -- MR. SAMADNEJAD: Someone that was sitting -- I don't think it was you, sir, but someone that was sitting in that chair said that it would be okay. MR. NOELL: That -- I'm the one that sits here for those meetings. I'm the attorney that advises the Board. And I can tell you I would not have told you that. The Board's order from prior hearings is reflected in the orders May 22, 2025 Page 116 of the Board that are before the Board in the agenda packet. So that's what the Board has ordered from the last hearings. And so if there's not in that order -- if there is not an agreement or an order to allow the building to remain, then the Board has not ordered that. BOARD MEMBER CURLEY: So I have a question that you might not be able to answer since you are their contractor, but you're familiar with the property: Is there dogs in these kennels actively, and are they actively using this? MR. SAMADNEJAD: No. Not anymore, no. BOARD MEMBER CURLEY: Then there would be no reason for this structure to be there anymore. MR. SAMADNEJAD: Well, so they had spent -- so our whole thing, they had spent, like, 50-, $60,000 on everything inside of it. So we just wanted to save that stuff and just kind of move it into the new building so that doesn't kind of go to waste. That was our whole thing of tearing it down. BOARD MEMBER CURLEY: Now they have $60,000 worth of fines sitting on that. MR. SAMADNEJAD: Yeah. BOARD MEMBER CURLEY: Put it in a storage locker. MR. LETOURNEAU: The county objects to any continuance at this point. BOARD MEMBER CURLEY: I think the waters did get a little muddy with the new permit. And it's very nice for you to show up and manage this new construction for them. MR. SAMADNEJAD: It's just we had a lot of issues with -- we're trying to make the whole structure kind of like allowed. BOARD MEMBER CURLEY: But what you're doing is completely not related to this case. MR. SAMADNEJAD: What do you mean? BOARD MEMBER CURLEY: You're building a new building May 22, 2025 Page 117 for them. MR. SAMADNEJAD: Yeah. That's -- I said that last time I was here, too. I said that we had just decided that we're going to do a metal building and then that we're going to build this, and then if we can please keep this building up, and -- MR. LETOURNEAU: When was that hearing; do you recall? CHAIRMAN KAUFMAN: According to this -- MR. SAMADNEJAD: November or December. CHAIRMAN KAUFMAN: -- the last hearing was November 20th, 2024. MR. LETOURNEAU: Why was nothing submitted from November to now? MR. SAMADNEJAD: The metal building company took about three, four months to get us something in their engineer drawings, and then from the engineer drawings, I sent it straight to the architect, which is Michael Jonathan here in Naples, and then he took about, I would say, six to eight weeks to get me his stuff, and then I hired Jason Reynolds as a septic contractor to get me -- sorry -- septic engineer, to get me his stuff. So with all this stuff -- I mean, I was, literally, for the past two, three weeks I've just been hounding everybody. I'm like, I need this stuff. Like, our case is, like, coming to go to a Board meeting. Like, I need to submit stuff, or they're going to, like -- I'm totally screwed. So, I mean, we're trying to work on it. And I mean, everything's ordered. I can show you all the order forms for the building. All the deposits have been made. I mean, all of the plans are done, so... MR. LETOURNEAU: The county's objection still stands. CHAIRMAN KAUFMAN: Okay. If the respondent removed that old building, would this case go away? MR. LETOURNEAU: Yes, with a demo permit. CHAIRMAN KAUFMAN: Okay. It looks like -- that looks May 22, 2025 Page 118 like your best solution. MR. SAMADNEJAD: I have no problem doing that. I can submit for a demo permit this week and get that going. I have no problem doing that. I was just going to wait until this permit got issued to apply for the demo permit for that for the future. So I mean, I can do that this week if need be. CHAIRMAN KAUFMAN: Will the county pull this case until the next meeting and -- MR. LETOURNEAU: No. BOARD MEMBER CURLEY: So let's do this: The fines continue to accrue. It was very nice meeting you, but we don't want to see you again. We want to see the owners in 30 days, because they're going to have to speak to these fines, and that's not a place for you to represent them. MR. SAMADNEJAD: That's fine. BOARD MEMBER CURLEY: So I say we give him 30 days to put in the demo permit, and they either have it done or not, and then we deal with the last meeting with them in 30 days. CHAIRMAN KAUFMAN: I agree. BOARD MEMBER FUENTES: I personally feel that I always take the county's opinion. If they're objecting to it, I would prefer just to impose the fines, because they're going to know more about the case than we do. There's a reason why he would say that, but that's how I feel. MR. SAMADNEJAD: If I can have some time granted just to get this demo out of the way, at least we can kind of finish up with that. BOARD MEMBER CURLEY: You shouldn't feel like it's your fault. MR. SAMADNEJAD: Huh? BOARD MEMBER CURLEY: Don't feel like it's your fault. May 22, 2025 Page 119 MR. SAMADNEJAD: I know, I just -- I mean, it just -- BOARD MEMBER FUENTES: It's like Jeff Letourneau said, the case has been open since 2022. MR. SAMADNEJAD: So our whole thing was, we're literally going -- I have text messages and everything with the neighbor. And he verbally agreed with everything. So I told Shalonda to get all the paperwork ready for a lot line adjustment and whatever that neighbor and Erick had to sign to kind of agree to, like, kind of give me a chunk of your property for a chunk of my property kind of thing. And we didn't hear from him for, like, four weeks, and then he was like, I just got back from the doctors. I have cancer, and I don't want to deal with it. So we're like, okay, well, that's a dud. So we're just going to go the next route of we're going to make a building, and then tear this down. MR. OWEN: So I spoke to the neighbor in question, and he says either pay me for my land or get it off. MR. SAMADNEJAD: We offered to pay him $30,000, and he didn't take it, for a 1-foot-by-1-foot piece of his property. BOARD MEMBER CURLEY: So was the house built with the horse barn when they purchased it, or did they do all of this behind the scenes? MR. OWEN: The current owners purchased the property as-is and then found the error -- survey error. MR. SAMADNEJAD: Yeah. All of this was done by the previous owners. They pretty much inherited the issue. BOARD MEMBER CURLEY: They inherited the dog kennel, enclosed? MR. IANDIMARINO: If I may. They did do quite a bit of conversions to the inside of their -- inside of the stalls. MR. SAMADNEJAD: They did the buildout on the inside, but May 22, 2025 Page 120 the -- MR. IANDIMARINO: All of that, which was unpermitted. MR. SAMADNEJAD: The house, which -- so that was the original permit that was abandoned. That was for permitting that property. And then the post of that structure, before they had made improvements, so from the previous owners, was already on the neighbor's property. So they didn't do anything that would cause it to shift into the neighbor's property. It was already like that. They just took it and enclosed it, essentially. It's a tough situation. CHAIRMAN KAUFMAN: Well, I would like to be somewhat reasonable. BOARD MEMBER CURLEY: I'll make my motion, and then if it doesn't pass, it doesn't pass. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I think my motion is stern. It isn't exactly what the county wishes for, but I think it's stern enough. I make a motion to extend it by 30 days. CHAIRMAN KAUFMAN: Continue it for 30 days. BOARD MEMBER CURLEY: Continue it for 30 days, and today's operational costs will be paid, for 59.84, and a footnote is that we like this gentleman very much but we do not agree to have him represent the owners next month, and -- if the owners decide to show up. MR. NOELL: That would be the owners', you know, decision with respect to the Board on whether they appear or have someone appear on their behalf. CHAIRMAN KAUFMAN: I'll second that. I know it doesn't make Jeff happy, but he'll get over it. MR. SAMADNEJAD: Is it 30 days to apply for -- so pretty much apply for a demo and demo the building? May 22, 2025 Page 121 CHAIRMAN KAUFMAN: Right. BOARD MEMBER CURLEY: You can talk to him. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: However the order is written. MR. SAMADNEJAD: Is it -- just knowing the county and how their permitting goes, is it possible to do, like, 45 days, potentially, just to get the demo permit and be able to demo it in time? So that way when I come here again, it's -- BOARD MEMBER CURLEY: You're not coming here again. MR. SAMADNEJAD: -- demoed. Or when they come here it's, like, done already. CHAIRMAN KAUFMAN: Yeah. You can't tell them who can come and who can't come. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: But we understand what you're saying, and he understands what to bring back to the owner of the property, that it would be in their best interest to do whatever. BOARD MEMBER CURLEY: That's true. They're handling their demo, I get it. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So I would speak to the county. We don't really know. I would ask this gentleman here. It's 30 days. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. So it passes. So I mean, you've been very reasonable, informative, and we May 22, 2025 Page 122 appreciate you, as Sue has said. But it would be, I believe, in the owners' best interest that they're here at the next meeting, that you already have the demo permit pulled, you know, when it's going to go down, et cetera, et cetera. MR. SAMADNEJAD: Absolutely. I'll apply for it this week, and we'll get that in motion. CHAIRMAN KAUFMAN: Very good. Thank you. MR. SAMADNEJAD: I appreciate it. CHAIRMAN KAUFMAN: Okay. Thank you, Brian. MR. OWEN: You're welcome. CHAIRMAN KAUFMAN: We can't have three people. Are we almost -- MS. BUCHILLON: We're almost done. We have four regular hearing cases with no respondents here and one imposition of fine. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: How many do we have more to go? CHAIRMAN KAUFMAN: Four. MS. BUCHILLON: Five. Yes. CHAIRMAN KAUFMAN: Next case. MS. BUCHILLON: Back up to hearings. CHAIRMAN KAUFMAN: Next case? MS. BUCHILLON: Back up to hearings, Case No. 5, CEPF20240010335, Abdallah Masoud Mustafa. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. MS. BUCHILLON: For the record, respondent was notified regular and certified mail May 6th, 2025, and it was also posted at the property and courthouse May 6th, 2025. CHAIRMAN KAUFMAN: Okay, Wade. Do you want to read this into the record for us -- or your case? May 22, 2025 Page 123 MR. COHEN: Yes, sir. 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. Good afternoon. For the record, Wade Cohen, Collier County Code Enforcement. This is in reference to Case No. CEPF20240010335 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, Chapter 1, Part 2, Section 109.1 addressing expired permits with fees due and open conditions, specifically Permit Numbers PRBD2020 -- MR. LETOURNEAU: Wade, before you get going here, do we need to pause this? Because we don't have a quorum without John being here -- CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: -- at this point. BOARD MEMBER CURLEY: He has a speaker. MR. LETOURNEAU: He does? BOARD MEMBER CURLEY: Yeah. MR. LETOURNEAU: Oh, there's a speaker in the restroom? I'm sorry. CHAIRMAN KAUFMAN: You can't hear him flush. MR. LETOURNEAU: I haven't been privileged to go to that bathroom, so I didn't realize it. Sorry. BOARD MEMBER CURLEY: Here he comes. MR. COHEN: PRBD20200416629 has expired with fees owed and opened conditions, and Permit PRBD20200416627 has expired with fees owed, located at 1270 13th Street Southwest, Naples, Florida. Folio No. 45846280007, with service given on 4/14/2025. Details of case: The case was opened by complaint originally May 22, 2025 Page 124 on 10/28/24. On 10/29/24, I sent an email to the contractor of record. Received no response. On 11/29/24, I drafted a letter, sent it to the owner explaining why we were going after him for fees that were that old in great detail. The first NOV was created and posted on 12/27/24. An updated NOV was completed on 4/14/25. On 4/29/25, I spoke with the respondent via the telephone, advised him that a hearing would be pending due to the noncompliance. We discussed why the money was owed. We discussed the details, specifically, of the open conditions that remained. And as of the 21st of this month, there has been no activity on either of the permits. CHAIRMAN KAUFMAN: What did he say to you when you discussed this with him? MR. COHEN: He was absolutely shocked. He said he had received nothing, didn't notice the postings, the two NOVs posted at the property, nor did he acknowledge the two letters -- the three letters, the NOVs that were sent via mail and certified mail, and basically indicated that he would run down and take care of the issue. There is an existing case on the property that is in -- accruing daily fines, so... CHAIRMAN KAUFMAN: What were all these permits for back in the day? MR. COHEN: It was a pool. So he had a swimming pool and a screened enclosure. CHAIRMAN KAUFMAN: And that's what these open -- MR. COHEN: Yes, sir. CHAIRMAN KAUFMAN: Okay. He owes the money. I'm going to make a motion that a violation exists. May 22, 2025 Page 125 BOARD MEMBER FUENTES: Second. MR. NOELL: And then I just want to verify before there's a vote, did we confirm how notice was provided? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Oh, yeah, I did. I did. I said it at the beginning, yes. I'm sorry. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: Maybe we'll have to send the attorney into the restroom to hear. BOARD MEMBER FUENTES: It's very loud in there. I could hear Jeff rushing me. He didn't let me finish. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. You have a recommendation for us? MR. COHEN: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, completing all required conditions, pay all required fees, and obtain the certificates of completion or occupancy for Permit Nos. PRBD20200416629 and PRBD20200416627 within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; and, Number 2, the respondent must notify the code enforcement May 22, 2025 Page 126 investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Just a sidenote, do you have any idea what -- these two permits never received a CO, but everything else is done; is that correct? MR. COHEN: Every -- oh, the inspections. CHAIRMAN KAUFMAN: All the inspections, everything's done except getting a CO? MR. COHEN: Yes, sir. CHAIRMAN KAUFMAN: And paying the balance? MR. COHEN: Correct. CHAIRMAN KAUFMAN: Okay. That's what's left, okay. And do you have how much that balance is, round figures? MR. COHEN: A hundred and ten dollars for both permits. CHAIRMAN KAUFMAN: Okay. So I'd like to fill in the blanks. Give them 30 days to bring this into compliance, the 59.28 also to be paid within 30 days, and a fine of $100 a day if it's not done by that time. So it's going to be obvious to him, get this taken care of. It's going to be a lot less expensive in the long run. So that's my motion. BOARD MEMBER CURLEY: I mean, to your motion, sometimes people don't know. They think when they get the final inspection, they don't know they have to go and apply for the certificate of completion, or whatever it is. CHAIRMAN KAUFMAN: Well, if he does it now, it's not going to cost him anything except what he owes, if he does it within 30 days. May 22, 2025 Page 127 So that's my motion. BOARD MEMBER CURLEY: I'll second it. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. That takes care of that one. Helen? MS. BUCHILLON: Next case, No. 10, CESD20240003478, Monica Zamorano Trujillo and Camila Borja. MR. COHEN: It's me again. CHAIRMAN KAUFMAN: You again, that's right. THE COURT REPORTER: I need to swear you in again. MR. COHEN: Yes, ma'am. 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. CHAIRMAN KAUFMAN: This is an easy one, garage converted into living space? Go ahead. MR. COHEN: Good afternoon again. For the record, Wade Cohen, Collier County Code Enforcement. This is in reference to Case No. CESD20240003478 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e)(i) May 22, 2025 Page 128 addressing a garage conversion to living space without permits, located at 2833 49th Lane Southwest. Folio No. 3647880006. Service was given on 5/21/2024. The details of the case are as follows -- CHAIRMAN KAUFMAN: Hold on one second before you go. Let the record reflect that the respondent is not present. And notice was provided... MS. BUCHILLON: For the record, respondents were notified regular and certified mail May 5th, 2025. It was also posted at the property and courthouse April 30th, 2025. CHAIRMAN KAUFMAN: Okay, Wade. MR. COHEN: This case originated in 2020 under Case No. CESD20200005267. It was opened by complaint on 5/15/2020. It was closed due to new ownership, but one of the owners was constant, and that being Monica Trujillo. So it looks as if it changed hands, new title, then a new case was opened on 4/14/2024 for the current owners. The NOV and personal service attempt by Investigator Williams took place on 5/16/2024. There have been numerous contacts with the property owner in the months subsequent to that, specifically on 6/18/24, 6/21, 7/31, 8/22, 9/23, and finally, a prehearing notice was mailed on 1/7/25 by me to let them know that the permits were not moving forward and they were getting ready to expire. On 2/16/25, the permit that had been acquired to address the violations did, in fact, expire, and that was when this was prepared for hearing. After I posted the notice at the residence, I still didn't hear anything from them, but on 5/8/25, they went down to Horseshoe, and they were able to get the permit reactivated. So Permit PRBD20200726976 has been reactivated, and it has an expiration May 22, 2025 Page 129 date currently of 6/14/25. It is an "inspections commence" status now, and they still owe -- they still have open conditions for the energy recalc and the spot survey as well. CHAIRMAN KAUFMAN: The construction's all done? MR. COHEN: Yes, sir. CHAIRMAN KAUFMAN: Okay. So they're in violation now? MR. COHEN: Yes. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion that a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. MR. LETOURNEAU: Can we enter our pictures in for the record, please? MR. IANDIMARINO: Thank you. CHAIRMAN KAUFMAN: Sure. I'm sorry. We'd like to make a motion to accept the photos on this case. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. May 22, 2025 Page 130 BOARD MEMBER CURLEY: So why would the county extend the permit for, like, two months? Would it just be for final inspections or something? I mean, is that what he said? One permit was extended till June 14th, '25. MR. LETOURNEAU: They probably asked for it, right? Yeah. They come in, if they ask for an extension, we'll give it to them. And then there was also a lot of extensions due to the hurricanes; government, state. MR. COHEN: So I have two pictures to introduce into evidence taken by former Investigator Shanahan, both of them on 9/15/2020, and those are currently on a shared drive to which I have access, Photograph No. 1 of the conversion, and Photograph No. 2. BOARD MEMBER CURLEY: All right. Make a motion a violation exists. CHAIRMAN KAUFMAN: I did that. MR. LETOURNEAU: That's all we've got. CHAIRMAN KAUFMAN: Okay. I had previously made a motion that a violation exists. It was seconded. We'll vote again. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So this property has been occupied during the last long time, actually? MR. CORDOVAS: Yes, sir. CHAIRMAN KAUFMAN: Okay. We made a motion. It's done. We'll move on. May 22, 2025 Page 131 MR. LETOURNEAU: No. We need a recommendation and fines and -- BOARD MEMBER CURLEY: Yeah, I was going to say, so do you -- this is kind of a hard one because there's somebody living in this right now? It looks like it. MR. COHEN: I believe that there is. CHAIRMAN KAUFMAN: What's your recommendation? MR. COHEN: Recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required Collier County building permits or demolition permit for the structure, inspections, and certificate of completion or occupancy to permit the garage conversion into living space or return to the original permitted condition within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, cease and desist the use of the unpermitted garage conversion and disconnect all unpermitted utilities until a valid permit, inspections, and certificate of completion or occupancy have been issued within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; And 3, respondent must notify the Code Enforcement Board investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Someone want to fill in the blanks? BOARD MEMBER CURLEY: I mean, I'll fill this in, because I May 22, 2025 Page 132 think No. 2 is the most important one. But I'll start at No. 1. Number 1 will be 30 days and $250 a day. Number 2 will be -- I want to do 48 hours -- but I don't know if you have an inspector that can be out there -- or a fine of $500 per day. MR. LETOURNEAU: It's a holiday weekend. I don't think Wade's going to be out there tomorrow, so reasonably the first day we could probably get out there is on Tuesday, I would think. BOARD MEMBER CURLEY: Six days. CHAIRMAN KAUFMAN: Give him a round figure of 10 days and be done with it. BOARD MEMBER CURLEY: Seven days. We'll do seven days and $500 fine on Item No. 2. In addition, the operational costs, obviously, will be 59.28. CHAIRMAN KAUFMAN: To be paid within 30 days. BOARD MEMBER CURLEY: As listed. CHAIRMAN KAUFMAN: Okay. I'll second that. I think we're being lenient considering they've been using this property; it has not been CO'ed for years. Okay. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Wade. MR. COHEN: Yes, sir. Thank you. CHAIRMAN KAUFMAN: Okay. Did we do "the respondent is not present" on this one yet? MS. BUCHILLON: Yes, we did. May 22, 2025 Page 133 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 12, CELU20240002393, 951 Commerce Center Property Owners Association. And for the record, respondents were notified regular and certified mail May 5th, 2025, and it was also posted at the property and the courthouse May 1st, 2025. CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. Wade, you're up again. MR. COHEN: Yes, sir. 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. CHAIRMAN KAUFMAN: It depends which God you swear to, that way it doesn't wear off as fast. MR. COHEN: Good afternoon again. For the record, Wade Cohen, Collier County Code Enforcement. This is in reference to Case No. CELU20240002393 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) addressing a commercial bus/buses utilizing a property as a bus stop, located at 8845 Davis Boulevard. Folio number of the property, 21785002302. Service given on 11/18/2024. Details of the case: Case was opened by complaint on 3/13/2024. On 6/13/24, one of the commercial buses, FlixBus, was observed at the property. On 10/29/24, passengers were observed in the area. This is between the McDonald's and the Taco Bell. It's a private piece of road off of Davis Boulevard. There were several people milling May 22, 2025 Page 134 about with luggage waiting for the buses. NOV was issued on 11/18/24. On 12/6/24, I spoke with the property manager who told me at that time they would address the issue immediately and would have their attorneys issue a cease and desist to all known bus companies utilizing the property. On 1/6/25, the RedCoach bus was observed again on the property. On 2/14/25, two red bus coaches were observed on the property, and from the property I called the manager to advise him that the issue had not been resolved and that it needed to be resolved. On 3/10/25, one of the other buses was observed on the property. On 3/13/25, the RedCoach was again observed on the property. On 3/14, I left a voicemail to the property manager to advise him that I saw the bus the night before, to advise him again that the issue had not been resolved, and to advise him that it would be prepped to go to hearing. On 5/2/25, I went to post the property, and the bus was present at the time I was there posting the property with the hearing notice. CHAIRMAN KAUFMAN: Okay. MR. COHEN: Now I'd like to present case evidence in the following exhibits: I have six pictures of the commercial buses and passengers, I also have website information from two commercial bus companies listing that particular address as their location for their bus stop. CHAIRMAN KAUFMAN: Let me get a motion from the Board to accept your photos. BOARD MEMBER CURLEY: Motion to accept photos. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? May 22, 2025 Page 135 BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Wade. MR. COHEN: And I also have a letter from their attorney and copies of the cease and desist letters and an agreement that they entered into with the Collier County Sheriff's Office to enforce trespassing at said property by the bus companies. CHAIRMAN KAUFMAN: Do you know whether or not they notified the Sheriff when the buses were there? MR. COHEN: That's primarily the issue. Every time I would call, I would try to explain to the property owner that it was incumbent upon him as the property manager, on behalf of the owner, to have one of their employees present so when they saw the buses, they could call the Sheriff's Office and try to have said order enforced. But communications broke down after a while, and I couldn't get them to return any more calls. BOARD MEMBER CURLEY: So I have a question. So is that entrance owned by all those -- McDonald's and people? I mean, or is that just a driveway that's part of that shopping plaza? MR. COHEN: It's a private road. MR. LETOURNEAU: He's got an aerial. MR. COHEN: It's a private road that runs from Davis Boulevard approximately 200 feet to another private road owned by another entity, that being the apartment complex at the end of it. And then there are separate owners for all the parcels that are in there. BOARD MEMBER CURLEY: That's kind of weird, huh? May 22, 2025 Page 136 MR. COHEN: Very odd. Very odd. BOARD MEMBER CURLEY: Well, you know that's been happening for, like, eight or nine years. I've seen those buses there forever. I actually picked somebody up from one of those red buses one time, and I thought, "This is weird." CHAIRMAN KAUFMAN: We'll find you in violation. BOARD MEMBER CURLEY: I had never heard of it. MR. COHEN: So this next photograph is the people milling about. That's from October 29th. A picture at night of the bus unloading passengers. Another picture from February 14th where they're loading in the cargo. Another one of it just passing by. And this was when I arrived on site to post the hearing notice at the property. The bus just happened to be there, and people were spilling out of the bus at the time. BOARD MEMBER CURLEY: I mean, has the property manager put up any obvious signs? MR. COHEN: No. And, you know, that was an informal suggestion to him that a sign, "No commercial buses allowed," might be in order. BOARD MEMBER CURLEY: I mean, they could put fencing. They could do a lot of things to prevent people from loitering around there, so... CHAIRMAN KAUFMAN: Their attorney has contacted the bus companies? MR. COHEN: There are -- cease and desist letters were issued to FlixBus and the Red Coach companies. FlixBus abided by it immediately. I never saw one of their buses back on the property, but it appears that the Red Bus doubled down. So then I would start seeing -- you know, it was an oddity to run across it, and it's the height of my patrol area, so I pass by it 10 times a day, and I would start seeing the buses, you know, constantly. Sometimes I'd see two May 22, 2025 Page 137 buses there at the same time. BOARD MEMBER CURLEY: Interesting. CHAIRMAN KAUFMAN: Okay. Do you have any more photos? MR. COHEN: No, sir. That was it for the photos. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion a violation exists. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a recommendation for us? MR. COHEN: Yes, sir, I do. Recommended: The Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtain all required Collier County approvals, Site Development Plans, conditional use, building permits, inspections, certificates of completions for the operation of a commercial bus stop or cease unapproved operations of the commercial bus stop on the property within blank days of this hearing, or a fine of blank dollars will be imposed for each day any violation continues; and, Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate May 22, 2025 Page 138 the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. It's -- BOARD MEMBER CURLEY: Do you FedEx these orders? Like, how fast do they get -- BOARD MEMBER FUENTES: They get posted, right? BOARD MEMBER CURLEY: University Park. Oh, that's Sarasota. MS. BUCHILLON: We send regular mail and certified. BOARD MEMBER CURLEY: You don't email it also just as a courtesy? MS. BUCHILLON: No, unless there's an attorney or they request to have it emailed. BOARD MEMBER CURLEY: Well, Alicia Graton (phonetic) is their attorney, right? She's the registered agent. All right. I'll fill in the blanks. Ten days, a thousand dollar fine, including today's 59.28. I was going to do seven, but I took into account the long holiday. CHAIRMAN KAUFMAN: That was so sweet of you. BOARD MEMBER CURLEY: They've done nothing. CHAIRMAN KAUFMAN: What needs to be done is that the owner has to call the Sheriff. MR. COHEN: Yes. CHAIRMAN KAUFMAN: And this is the tool to motivate the property owner. BOARD MEMBER CURLEY: Yeah. We've been through this before. We know money motivates them, and we've had to have people that hired security guards. The property owner needs to hire security guards, and they need to hire their own people to manage May 22, 2025 Page 139 their own property, and we don't babysit grown people that own real estate. So this will motivate them to do that because it will be -- a thousand dollars will be way less [sic] than them hiring a security guard for 50 bucks an hour during the delivery dates of the bus. BOARD MEMBER FUENTES: Remind me never to come before the Board while Sue's here. BOARD MEMBER CURLEY: Last case. CHAIRMAN KAUFMAN: Okay. We've got a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: It carries unanimously. MR. COHEN: Thank you. MS. BUCHILLON: Helen, are we done? MR. LETOURNEAU: Sue, you said 10 days on that one? BOARD MEMBER CURLEY: Yes, generously. MS. BUCHILLON: No, we have one more regular hearing and one imposition. BOARD MEMBER CURLEY: No. MS. BUCHILLON: Number 13, CEAU20250002739, Eduardo C. Silguero and Natividad Silguero. BOARD MEMBER CURLEY: All I can think about is Taco Bell after those pictures. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record reflect the May 22, 2025 Page 140 respondent is not present. MS. BUCHILLON: For the record, respondents were notified regular and certified mail May 5th, 2025, and it was also posted at the property and courthouse May 1st, 2025. CHAIRMAN KAUFMAN: Charles? MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Your case. MR. MARINOS: It certainly is. Good afternoon. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CEAU20250002739 dealing with violation of the Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1, Section 110-31(a), and the Florida Building Code 8th Edition 2023, Chapter 1, Part 2, Section 105.1, a fence constructed without a permit and blocking a Collier County easement located at 709 Broward Street, Immokalee, Florida, 34142, Folio 63863720001. Service was given on April 3rd, 2025. This case originated as a referral from the Collier County Road Maintenance Department. On March 10th, 2025, Road Maintenance Supervisor Scott Pickens identified a fence erected across a 20-foot-wide county utility easement verified by plat map. During case research, I discovered that this fence had been erected without required permitting. An NOV was issued on April 3rd, 2025. Since that time, no permit applications have been submitted. The owner, Mr. Silguero's neighbor, contacted me and stated that Mr. Silguero is currently in prison but that she would attempt to have the fence removed in his stead. As of prehearing inspection, fence remains in place across the easement. May 22, 2025 Page 141 I would now like to present case evidence in the following exhibits: One plat map showing the county easement and one picture taken by Investigator Matos (phonetic) on the 20th of May 2025 showing current conditions. CHAIRMAN KAUFMAN: Let me make a suggestion, that Code Enforcement approve the photos. Motion. Second? All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. THE COURT REPORTER: Wait, wait, wait. Nobody seconded. Who seconded? You made the motion and seconded. BOARD MEMBER CURLEY: I seconded. BOARD MEMBER FUENTES: We're all tired. MR. MARINOS: All right. This is the plat map. What we're looking at here is Broward, and this is Jefferson. Property 17 is the property in question, and right here we can see the 20-foot county utility easement, and that's that. This is that same easement, 709 Broward Street. You can see the two survey stakes placed and the fence that runs directly across that easement. BOARD MEMBER CURLEY: The fence looks old. MR. MARINOS: The fence has been there for quite some time. Road Maintenance has brought this to our attention due to some work needs to be done in the utility -- rather in the easement, I should say. BOARD MEMBER CURLEY: Usually they can have it if there's a gate, but if there's no permit, that's why there's no gate. Yeah. MR. MARINOS: Typically, they can have a gate across a May 22, 2025 Page 142 private road easement, not necessarily a county utility easement. It should remain open at all times. CHAIRMAN KAUFMAN: Okay. All right. I'll make a motion that a violation exists. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a recommendation for us, Chuck? MR. MARINOS: Yes, sir, I certainly do. Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate the violation by: Obtaining all required Collier County building permits or demolition permit, inspection and certificate of completion/occupancy for the unpermitted fence illegally installed within a county easement within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; and, Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. May 22, 2025 Page 143 CHAIRMAN KAUFMAN: Okay. Would someone like to fill in the blank -- blanks? BOARD MEMBER FUENTES: Come on, Sue. BOARD MEMBER CURLEY: I mean, it's been like this forever. CHAIRMAN KAUFMAN: How many days do you want to give them? BOARD MEMBER CURLEY: Item No. 1, he's going to have to go buy some clippers to clip the fence. So I'm going to give him 45 days and $50 a day. If the county really wants to get in there, they can cut the fence. MR. LETOURNEAU: I would think that if the road -- if push comes to shove at the end of the compliance date and the road department needs to get in there, we would probably use them as our abatement team, and then they'd charge us, and we'd lien the property for them having to go out there and cut the fence down. MR. MARINOS: I will say, though, that we can't do that until the order has expired, and Road Maintenance is requesting to get in there as soon as possible. BOARD MEMBER FUENTES: Maybe we should lessen those days. BOARD MEMBER CURLEY: Yeah. Thank you for that advice. Fifteen days, $50. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? May 22, 2025 Page 144 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Did you say the ops cost? CHAIRMAN KAUFMAN: What? BOARD MEMBER CURLEY: Yes, obviously ops costs, 59.28 included in that. MS. BUCHILLON: Okay. BOARD MEMBER CURLEY: I mean, I just hope there's not a dog there or something. MR. MARINOS: There's not. There's a wide-open gate just to the side of it. CHAIRMAN KAUFMAN: Okay. What's up, Helen? MS. BUCHILLON: Last case, under motion for imposition of fines and liens, No. 3, CESD20230005511, Nixo A. Lopez and Nixaide Lopez. CHAIRMAN KAUFMAN: Do we have a sheet on that? MS. BUCHILLON: Yeah. It's No. 3. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. BUCHILLON: And for the record, respondents were notified regular and certified mail May 5th, 2025, and it was also posted at the property and courthouse May 7th, 2025. CHAIRMAN KAUFMAN: I don't seem to have my sheet. BOARD MEMBER CURLEY: Here. CHAIRMAN KAUFMAN: Thank you. Okay. Let the record reflect that the respondent is not present, and you already read the notification. We're good on that. Do you want to read that into the record for us, Chuck? MR. MARINOS: Yes, sir, I will. May 22, 2025 Page 145 Past orders: On October 24th, 2024, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6417, Page 362, for more information. This violation has not been abated as of May 22nd, 2025. Fines have accrued at a rate of $200 per day for the period from April 23rd, 2025, to May 22nd, 2025, 30 days, for a total fine amount of 6,000 -- sorry -- total fine amount of $6,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing would be $59.42, for a total amount of $6,118.70. CHAIRMAN KAUFMAN: Okay. I'd like to make a motion to impose the fine. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Just so we put it in the minutes of the meeting, if you're contacted by the State ethics people, you've got to fill out their form online. It's a formerly called Form 1. BOARD MEMBER CURLEY: A very benign email that shows up that looks like it's spam. CHAIRMAN KAUFMAN: And if you don't fill it out, they'll May 22, 2025 Page 146 fine you like they tried to do to Sue, until she wrote them a poison pen letter, and they backed off. BOARD MEMBER CURLEY: It goes into your spam. BOARD MEMBER FUENTES: What would it come from? BOARD MEMBER CURLEY: It says, official, dot Form 109, and it looks like some junk thing. Motion to adjourn. CHAIRMAN KAUFMAN: Motion to adjourn. We're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 1:01 p.m. CODE ENFORCEMENT BOARD ___________________________________ ROBERT KAUFMAN, CHAIRMAN These minutes approved by the Board on ____________________, as presented __________ or as corrected ___________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. CODE ENFORCEMENT BOARD ,/ ROBERT KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on` &IL t, s, as presented .7i or as corrected . TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.