CEB Minutes 06/26/2025June 26, 2025
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TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, June 26, 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
Kathleen Elrod
Lee Rubenstein
Tarik N. Ayasun
ABSENT:
John Fuentes, Vice Chair
Sue Curley
ALSO PRESENT:
Tom Iandimarino, Code Enforcement Director
Helen Buchillon, Code Enforcement
Jeff Letourneau, Manager of Investigations
Kevin Noell, Attorney to the Board
June 26, 2025
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CHAIRMAN KAUFMAN: Good morning, everybody. I'd like
to call the Code Enforcement Board to order.
Notice: That the respondents may be limited to 20 minutes for
case presentation unless additional time is granted by the Board.
Persons wishing to speak on any agenda item will receive up to
five minutes unless the time is adjusted by the Chairman.
All parties participating in the public hearing are asked to
observe Robert's Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
Any person who decides to appeal a decision of this board will
need a record of the proceedings pertaining thereto and, therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. Neither Collier County nor the Code
Enforcement Board shall be responsible for providing this record.
Okay. So first things first, if you'll all stand for the Pledge.
(The Pledge of Allegiance was recited in unison.)
BOARD MEMBER AYASUN: Roll call.
CHAIRMAN KAUFMAN: Okay. Helen, roll call. Who's not
here?
MS. BUCHILLON: Good morning. For the record, Helen
Buchillon, Code Enforcement.
Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. BUCHILLON: Ms. Kathleen Elrod?
BOARD MEMBER ELROD: Here.
MS. BUCHILLON: Mr. Lee Rubenstein?
BOARD MEMBER RUBENSTEIN: Here.
MS. BUCHILLON: Mr. Tarik Ayasun?
BOARD MEMBER AYASUN: Here.
MS. BUCHILLON: Sue Curley is excused, Mr. John Fuentes is
June 26, 2025
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excused, and Mr. Bart Bhatla has resigned from the Board.
CHAIRMAN KAUFMAN: Okay.
Next on the agenda is the approval of the minutes. I'm sure
everybody has read through it. Does anybody have any changes?
(No response.)
CHAIRMAN KAUFMAN: If not, I'll take a motion from the
Board to approve the minutes.
BOARD MEMBER ELROD: Motion to approve.
BOARD MEMBER AYASUN: So moved -- second.
CHAIRMAN KAUFMAN: We have a motion and second. All
those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Which brings us to -- my favorite part of the meeting is the
approval of the agenda. Do we have any changes?
MS. BUCHILLON: Yes, we do. We actually have one
stipulation on No. 12 under hearings, CESD20240011981, Ave Maria
Development, LLLP.
And now we have some withdrawns.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Under hearings, No. 3,
CESD20230007752, Sergio Ruiz and Yusleidy Torres, has been
withdrawn.
Number 8, CEPF20240010727, Hasan Zengin and Sevcan
Zengin, has been withdrawn.
Number 9, CESD20240003974, Alison Drayton, has been
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withdrawn.
Number 15, CESD20230004107, Richard Fredrick Goodrich
and Verania Lane, has been withdrawn.
Under old business, motion for imposition of fines and liens,
No. 3, CESD20230005772, Jose Martinez, has been withdrawn.
And those are all the changes for now.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board to accept the agenda as modified.
BOARD MEMBER ELROD: Make a motion to accept the
agenda.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Which brings us to our first case.
MS. BUCHILLON: Stipulation?
CHAIRMAN KAUFMAN: Yep.
MS. BUCHILLON: Which has been attorney also.
CHAIRMAN KAUFMAN: That's No. 12.
MS. BUCHILLON: Yes, sir. First case under hearings, No.
12 -- actually, we do have another change to the agenda. Do you
want to do that first or --
CHAIRMAN KAUFMAN: Sure.
MS. BUCHILLON: It's another stipulation, for No. 7 under
hearings, CESD20220005464, Cory Cooper and Beatrice Cooper.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
June 26, 2025
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Board to accept the change.
BOARD MEMBER ELROD: Make a motion to accept the
change.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: (No verbal response.)
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. BUCHILLON: Okay. And we're back to No. 12.
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: CESD202400119181, Ave Maria
Development, LLLP.
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. FIGARES: I do.
MR. MARINOS: I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MR. FIGARES: Sure. Alex Figares, F-i-g-a-r-e-s. I'm counsel
for Ave Maria Development, LLLP.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: Charles Marinos, Collier County Code
Enforcement.
CHAIRMAN KAUFMAN: Okay. Chuck, do you want to read
the stipulation into the record for us?
MR. MARINOS: Absolutely. Yes, sir.
June 26, 2025
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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, cease and desist the use of the current commercial
establishment and disconnect all unpermitted utilities until a valid
permit, inspection, and certificate of completion/occupancy has been
issued within 24 days [sic] of this hearing, or a fine of $250 per day
will be imposed until the violation is abated;
Three, abate all violations by obtaining all required Collier
County building permits, or demolition permit, inspections, and
certificate of completion/occupancy for the extensive unpermitted
interior modifications and alterations to include electrical, plumbing
utilities, framing, build-outs, lighting, and interior roof modifications
or to restore to the -- restore to the original permitted state within 90
days of this hearing, or a fine of $250 will be imposed until the
violation is abated;
Four, respondent must notify Code Enforcement within 24 hours
of abatement of the violation and request the investigator perform a
site inspection to confirm compliance; and,
Five, that if all respondents fail 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. Could you give me, like, a
one-minute summary of this case?
MR. MARINOS: Yes, sir. This is a -- I don't know if you're
familiar with Ave Maria, but the Publix in Ave Maria, on the back
side of it there's a small kind of strip mall type area. Units 102, 104,
and 106 on the far right-hand side of that is currently being utilized as
a pseudo farmer's market/interior flea market sort of deal.
June 26, 2025
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The interior layout of that property was done without permits.
There's extensive modification with, like, plywood type booths inside
there; changes to the occupancy without the required Site
Development Plan; potential fire safety hazards. We don't know until
we get the Site Development Plan fully analyzed; and a couple other
things leading up to that, and that's the essentials of this case.
CHAIRMAN KAUFMAN: Very good, in less than a minute. I
appreciate that.
Okay. Counselor.
MR. FIGARES: Perfect. And obviously, we agree with the
stipulation here. The main issue that we have here is we're the
landlord. The tenant performed unauthorized, unapproved work
without, obviously, our knowledge. We take issue with the fines
even though we do understand the need for them.
We do have an eviction proceeding that has already been
commenced and is in progress. Obviously, I intend to get before the
Court as soon as I'm able to and hopefully get an order that will
require the abatement. Because we were the landlord, my -- our
hands are a little bit tied as to what we can do. Obviously, we intend
to comply with -- obviously, it's in our best interest to comply, and
we intend to comply. So that is all that I have.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion from the Board?
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
CHAIRMAN KAUFMAN: We have a motion and a second.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
June 26, 2025
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CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, Chuck.
Thank you, Counselor.
MR. MARINOS: Thank you.
CHAIRMAN KAUFMAN: Which brings us to No. 7.
MS. BUCHILLON: Yes, sir.
Next stipulation, No. 7, CESD20220005464, Cory Cooper and
Beatrice Cooper.
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. COOPER: I do.
CHAIRMAN KAUFMAN: Okay. As we have in the past,
could you read the stipulation into the record for us, Chuck?
MR. MARINOS: Yes, sir.
THE COURT REPORTER: What is your name?
MR. COOPER: Cory Cooper.
MR. MARINOS: Yeah, I don't have the signed version there.
CHAIRMAN KAUFMAN: Do you want mine?
MR. MARINOS: We just need to put it on the board here.
All right. Therefore, it is agreed between the parties that the
respondent shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier
County building permits or demolition permit, inspections, and
certificate of completion/occupancy for the unpermitted structures
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and expired permits within 180 days of this hearing, or a fine of $200
per day will be imposed until the violation's abated;
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance; and,
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: All right. Could you give us a little
summary on this one as well?
MR. MARINOS: Yes, sir. Long story short, Mr. Cooper
bought this property as is, but unfortunately, there was a couple
structures that were unpermitted. He did buy it from the county.
MR. COOPER: Just one structure that was unpermitted, the
barn.
MR. MARINOS: There was a couple more at the time that had
expired permits and some issues. But regardless, he's got a home on
the property that has got all inspections completed, you know,
including electrical, deemed safe, but he's got one condition for the
other structures to be finished before they can final his primary home
structure; a barn that he has worked extensively on that the permit is
void at this point. It just needs to be reopened and finished off; and
then the associated electrical with the barn and carport.
CHAIRMAN KAUFMAN: Do you think six months will be
sufficient time to accomplish everything?
MR. MARINOS: I believe so, sir. Mr. Cooper seems confident,
and I believe we can get there.
MR. COOPER: Yes, sir.
CHAIRMAN KAUFMAN: Okay. So --
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BOARD MEMBER ELROD: Make a motion to accept the
stipulation as written.
CHAIRMAN KAUFMAN: We have a motion.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
MR. COOPER: Thank you.
CHAIRMAN KAUFMAN: Okay. Good luck.
MR. COOPER: Thank you.
CHAIRMAN KAUFMAN: So we have a late-breaking
stipulation?
MS. BUCHILLON: Yes, sir. We have a change to the agenda,
another stipulation, No. 11, CEROW20240008421, Lisa Reisman and
Jason Bush.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board to accept the change in the agenda.
BOARD MEMBER ELROD: Make a motion to accept the
change.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
June 26, 2025
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So do you want to hear this one next?
MS. BUCHILLON: Sure. If we can wait one second. If
not -- yeah, he should be coming.
CHAIRMAN KAUFMAN: Your voice is very high.
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: Yes.
MS. REISMAN: Yes.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MS. REISMAN: Yep. It's Lisa Reisman.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into -- this stipulation into the record for us?
MR. HOLMES: Love to.
For the record, Bradley Holmes, Collier County Code
Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of 59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier
County right-of-way permits, inspections, and certificates of
completion or restore the right-of-way to its originally permitted
condition within 90 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;
Four, that if the respondent fails to abate the violation, the
county may abate the violation using any method to bring the
June 26, 2025
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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: Great. Can you give us a quick
summary on this one, also?
MR. HOLMES: It was a complaint that the road maintenance
department received regarding a blocked up culvert and/or swale.
The inspector went out -- the road maintenance inspector went out
and discovered that the 23-foot permitted pipe had been extended to a
195-foot pipe. Swale was leveled out. No permits on file for the
described work.
So this is something the property owner inherited. They're
working to get it squared up and permitted.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: I notice that there's another owner listed.
Is that person aware that you're here, and does he --
MS. REISMAN: Yes. He's out of the country.
MR. LETOURNEAU: Okay. All right. Thank you.
MS. REISMAN: My husband.
MR. LETOURNEAU: Right.
CHAIRMAN KAUFMAN: Yeah. Keep track on where your
husband is.
Okay. Do you have any comments? You think you can get this
done in the time that's allotted in the stipulation?
MS. REISMAN: We'll give it a whirl, and I can extend if
it's -- if I can't, is that --
CHAIRMAN KAUFMAN: If you can't get it done, come back
before the Board, and we'll handle it at that time.
MS. REISMAN: Okay.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion?
June 26, 2025
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BOARD MEMBER ELROD: I make a motion to accept the
stipulation as written.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: (No verbal response.)
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Good luck, Lisa.
MS. REISMAN: Thank you.
CHAIRMAN KAUFMAN: So we've run out of stipulations?
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: Great.
MS. BUCHILLON: We're back up -- still under hearings, under
public hearings, motions, motions, motion for extension of
compliance deadline, one, CESD20240008371, Urbino Hernandez
Suarez.
BOARD MEMBER RUBENSTEIN: What number?
BOARD MEMBER AYASUN: One, very first one.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. HERNANDEZ: Yes.
MR. OWEN: I do.
CHAIRMAN KAUFMAN: Okay. This is a request for, I guess,
extending the time on this particular case?
MR. OWEN: That's correct, sir.
June 26, 2025
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CHAIRMAN KAUFMAN: Okay. Do you want to give us a
quickie on this?
MR. OWEN: So quickie on this, this was opened due to some
outstanding permits not being finished for this property. Total of four
permits were noted on the notice of violation. He has completed
three of those permits that were noted, and he has one remaining, and
he's running into some issues with getting engineering letters and
things of that nature. He's calling in inspections. He's had X-rays of
the tie-beams and columns done.
So he's progressing on that permit. He just needs some
additional time to complete it and get it in a finaled status.
CHAIRMAN KAUFMAN: Now, originally this thing needed to
be done by August 26th; is that correct? What was the original date?
MR. OWEN: May 28th. May 28th or 29th was his compliance
date.
CHAIRMAN KAUFMAN: Okay.
MR. OWEN: So he got his request in before that date, so that's
why we're here today.
CHAIRMAN KAUFMAN: Okay. And, sir, how much time do
you think you need to get this done?
THE COURT REPORTER: State your name first.
MR. HERNANDEZ: Urban Hernandez.
And I agree with that. I really want it done as soon as possible,
but with the guy who I'm working with, he's -- I think he's busy, and I
can do it the quickest I can. But I don't know, at least two months.
CHAIRMAN KAUFMAN: Okay. So you need 60 days --
MR. HERNANDEZ: Yes.
CHAIRMAN KAUFMAN: -- to get everything done?
MR. HERNANDEZ: Yes, if that's possible.
CHAIRMAN KAUFMAN: Okay. County have any objection?
MR. OWEN: No, sir.
June 26, 2025
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CHAIRMAN KAUFMAN: Anybody want to make a motion?
(No response.)
CHAIRMAN KAUFMAN: I'll make a motion we grant 60 days
on this, on the continuance.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And we have a second. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
BOARD MEMBER RUBENSTEIN: Nay.
MS. BUCHILLON: Continuance or extension of time?
CHAIRMAN KAUFMAN: Excuse me?
MS. BUCHILLON: You said continuance. It's extension of
time.
CHAIRMAN KAUFMAN: Extension of time.
MS. BUCHILLON: Okay.
CHAIRMAN KAUFMAN: So the clock doesn't start as far as
fines until after our extension. Hopefully this is the end. You can get
the people to sign on your letter and whatever else needs to be done.
MR. LETOURNEAU: And just to clarify, the extension is from
today's date, not the previous compliance date?
CHAIRMAN KAUFMAN: Correct.
MR. LETOURNEAU: Thank you.
CHAIRMAN KAUFMAN: That gives you a few more dates.
BOARD MEMBER AYASUN: Sixty days from today.
CHAIRMAN KAUFMAN: Okay.
MR. HERNANDEZ: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MS. BUCHILLON: We have a change.
June 26, 2025
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CHAIRMAN KAUFMAN: Really?
MS. BUCHILLON: Actually, they need to make a revision on
the stipulation for No. 12 for Ave Maria.
And we have another stipulation that I'm going to add also. So
we're -- No. 12, CESD20240011981, Ave Maria Development,
LLLP.
BOARD MEMBER AYASUN: We already did that.
CHAIRMAN KAUFMAN: We have somebody who wants to
speak on this agenda item as well --
MS. BUCHILLON: I mean --
CHAIRMAN KAUFMAN: -- is that correct?
MR. NOELL: I believe that's the case. I can go out into the hall
and check for the Board.
CHAIRMAN KAUFMAN: Okay. Jorge Arroyo.
MR. MARINOS: Yes, sir. That's the tenant.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: Yeah. I'm reading into the record a correction
on Line Item No. 2. Originally we said "days." It is hours. So it is
cease and desist the use of the commercial establishment and
disconnect all unpermitted utilities until a valid permit, inspections,
and certificate of completion/occupancy has been issued within 24
hours of this hearing, or a fine of $250 per day will be imposed until
the violation's abated.
CHAIRMAN KAUFMAN: Okay.
MR. FIGARES: We agree that a scrivener's error was made,
and it should be corrected.
CHAIRMAN KAUFMAN: Okay. Could we get a modification
of this stipulation?
BOARD MEMBER ELROD: I'll accept the modification as
requested.
CHAIRMAN KAUFMAN: Okay.
June 26, 2025
Page 17
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And it's seconded. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: However, we want to hear from the
respondent. We have a slip for him.
BOARD MEMBER RUBENSTEIN: I have a question.
CHAIRMAN KAUFMAN: Shoot.
BOARD MEMBER RUBENSTEIN: Is your office -- is your
office located out at Ave Maria?
MR. FIGARES: No, it is not.
BOARD MEMBER RUBENSTEIN: All right. So this business
that's in noncompliance has been for at least a year and a half. Does
your office or their office not ask for proof of permits or --
MR. FIGARES: Well, again, we were unaware that any
modifications had been made. We have really no reason to go and
inspect. I mean, we have several tenants. We really do not go into
the businesses and look and see who's in compliance and not in
compliance. Normally, the process is that anytime modification is
made, is that the tenant -- in fact, that's part of the lease is that they
would come to us, request permission, and then we would give the
approval. It is at that point that we would make sure that all the
permits and everything is properly followed.
BOARD MEMBER RUBENSTEIN: Okay. Was this the
business -- I've been out there -- that's named Mercato at Ave?
MR. FIGARES: It is, sir.
June 26, 2025
Page 18
BOARD MEMBER RUBENSTEIN: Is that the one?
MR. FIGARES: It is.
BOARD MEMBER RUBENSTEIN: Okay. And those kiosks
inside, are those run by individuals or by one owner?
MR. FIGARES: They're run by different individuals, is my
understanding.
BOARD MEMBER RUBENSTEIN: Have they been evicted?
MR. FIGARES: Again, my understanding is that they have not.
I don't -- that's a relationship between the tenant and the subtenants.
But my understanding is that those -- or at least some of those leases
are in effect.
BOARD MEMBER RUBENSTEIN: But you have applied for
an eviction order on them.
MR. FIGARES: We've applied for the eviction of the tenant.
BOARD MEMBER RUBENSTEIN: Of the tenant?
MR. FIGARES: Correct.
BOARD MEMBER RUBENSTEIN: So is the lease with Ave,
or is the lease with the leaseholder?
MR. FIGARES: Well, the lease is between Ave and the tenant.
The tenant has then entered into subleases with these respective space
holders.
MR. LETOURNEAU: For the record, we've got an approved
stipulation at this point. I don't think any further questions really are
appropriate at this time.
CHAIRMAN KAUFMAN: The only thing left on this is the
speaker that we have. You must be Jorge.
MR. ARROYO: Yes.
CHAIRMAN KAUFMAN: Okay.
MR. ARROYO: Hello. My name is Jorge Arroyo. I am the
owner.
THE COURT REPORTER: Do you want me to swear him in?
June 26, 2025
Page 19
MR. NOELL: Yes, please swear in the witness.
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. ARROYO: Yes, yes.
CHAIRMAN KAUFMAN: Okay.
MR. ARROYO: Hello. My name is Jorge Arroyo. I am the
owner of Mercato at Ave.
Like, everything said here, you know, we open this type of
concept, you know, to bring, like, a space for other, like, small
businesses to have -- to be on the same -- you know, like a premises
to give the opportunity to families from our community to have, like,
opportunity, you know, to grow up.
When we submit this, like, to the Collier County. It was a little
bit, like, difficult to them, like, to identify how to -- the way to be
submitted, okay, because it's like a new and trending concept.
The only thing that we do inside -- it's not like big walls and
nothing like they are mentioned. They are only, like, 2x4, like, type
of tiny kiosks, you know, like, to divide all of these kiosks.
We have been, like, in the process to fix any of the complaints
that they are mentioned, okay. We have our, like, new blueprints,
okay. We have been proactive in trying to fulfill all of the county
violations. But they are mentioned, like, so much of this type of a
complaint that are not, like, real ones, you know. Like, for example,
we have, like, an ice machine, and they put it, like, on the letter that it
was, like, an ATM machine. They put it -- like, we have wallpaper
decoration. They put it like -- it was, like, real bricks.
All the things that we have inside, it's more like decoration. It's
not like heavy structures, and they are an easy fix. It's not like we
make, like -- we open, like, a new panel, electricity breakers or -- we
don't change anything.
June 26, 2025
Page 20
We just -- we are only, like, trying to stay afloat to bring
something beautiful to the community. And it's sad, like, to -- having
to hear, like -- the way, you know, like, they are mentioning that I'm
doing, like -- you know, we are in the best position, you know, like to
fulfill our -- the thing that we have to do, you know, like, and we
have been doing it, okay? We have been in several communications
through emails.
Obviously, I'm new in the Town of Ave Maria. We are -- I own
two businesses, not only Mercato. I have a clothing boutique, too.
So we have been bringing a lot of joy and beautiful things, you know,
to Ave Maria.
And to hear, like, they want to close me -- to cut my
electricity -- it's not only me that would be affected. It's my
subtenants, too.
I'm just asking, like, to have a reasonable time to fix it right. We
are -- we are taking care about it. I'm just -- I'm just asking for a
reasonable time.
CHAIRMAN KAUFMAN: Let me -- let me see if I can get to
the quick on this. You have to make Ave Maria happy. They're the
ones that hold your lease; not us. Not even Collier County. They
control your lease. If they say you're in violation of the lease, that's
between you and them.
MR. ARROYO: Exactly.
CHAIRMAN KAUFMAN: There's nothing we can do about
that.
MR. ARROYO: They never show up to inspect us. Like, my
first, like, proposal, they have it on their hand, and they approve it.
They never mentioned -- they never go -- they never went to -- they
never went to me, like, to say, "Hey, Jorge, you are doing this. You
are doing that." They accept it. They approve it. I move on.
And now, like, from one day to another, I have these inspectors,
June 26, 2025
Page 21
like, saying, "Hey, this is wrong." The fire department approve me
from the beginning. I get, like, the permit of use from the beginning,
okay. I have been on the best position. And I understand, like --
CHAIRMAN KAUFMAN: But let me -- let me try this again.
That's between you and Ave Maria. They hold your lease. If they
say it's good, that's fine. And if they say it's good and the county says
it's not good, then we have a case. But right now they're taking care
of everything between you and them. You probably need a referee of
some sort, but they're the ones that can answer those problems, not
us.
MR. ARROYO: On behalf of Mercato at Ave, I know I have
my rights, you know, like, to represent, you know, my business.
That's why I'm here. This was what's new. Like, when Mr. Marinos
communicate with me, like the lawyers of the Ave Maria, they
were -- they were to be here, you know, like, representing, you know,
their premises.
Like I said from the beginning, they accepted. They approve it.
They don't have any situation. No problem. And now, this is new,
like --
CHAIRMAN KAUFMAN: We have the case in front of us.
They agreed to take care of everything that the county has come
forward with, and we as the Board have approved that. So going
forward, you're going to have to deal with your landlord, not with us.
Do you agree, Jeff?
MR. LETOURNEAU: I do agree. And at this point the county
is very happy with the stipulation as written.
CHAIRMAN KAUFMAN: Okay. So. Get yourself a King
David, somebody who can negotiate, and see if you can make your
landlord happy with whatever needs to be done.
MR. ARROYO: Thank you very much.
CHAIRMAN KAUFMAN: Okay. Thank you.
June 26, 2025
Page 22
MS. BUCHILLON: Okay. We have a change.
CHAIRMAN KAUFMAN: We have another stipulation, No. 2?
MS. BUCHILLON: Yes, sir. Number 2, CESD20240008491,
Juan Felipe Arcila.
MR. ARCILA: Good morning, everyone.
CHAIRMAN KAUFMAN: Good morning. Could you state
your name for [sic] the microphone for our court reporter?
MR. ARROYO: Yes, sir. Juan Felipe Arcila.
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. ARCILA: I do.
CHAIRMAN KAUFMAN: Brian, do you want to read the
stipulation into the record for us, please?
MR. OWEN: Sure.
Therefore, it is agreed between the parties that the respondent
shall:
Number 1, pay operational costs in the amount of 59.28 incurred
in the prosecution of this case within 30 days of this hearing;
Abate all violations by obtaining all required Collier County
building permits or demolition permits, inspections, and certificates
of completion/occupancy for the shipping container or remove the
shipping container within 90 days of this hearing, or a fine of $200
per day will be imposed until the violation is abated;
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
Four, that if 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
June 26, 2025
Page 23
Office to enforce on the provisions of this agreement, and all costs of
abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. And like the other ones,
could you give us a quickie summary on this?
MR. OWEN: Shipping container on property with no permit.
Cut and dry.
CHAIRMAN KAUFMAN: Okay, sir. You have a shipping
container on the property?
MR. ARCILA: Yes, sir. It was there since I bought the
property.
CHAIRMAN KAUFMAN: Oh. So you inherited it?
MR. ARCILA: Correct.
CHAIRMAN KAUFMAN: Okay. Do you have any problem
meeting the time on this?
MR. ARCILA: Not at all.
CHAIRMAN KAUFMAN: Good. Okay.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: I have a motion and a second. All
those in favor?
BOARD MEMBER ELROD: (No verbal response.)
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Let me know if you need help moving it. I --
MS. BUCHILLON: Actually, he has another case which is not
with a stip. Do you want to do that case also since he's up here
June 26, 2025
Page 24
already?
CHAIRMAN KAUFMAN: Absolutely.
MS. BUCHILLON: It is No. 1 under hearing,
CEAU20240008436, Juan Felipe Arcila.
MR. OWEN: I just need to grab my computer. I'll be right
back.
BOARD MEMBER AYASUN: What number was this?
CHAIRMAN KAUFMAN: Number 1.
MS. BUCHILLON: No. 1 under hearings.
CHAIRMAN KAUFMAN: This is a fence.
MR. ARCILA: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And we have a speaker for this case also.
CHAIRMAN KAUFMAN: I know. I have it. Okay. We'll
have the speaker after.
Brian, this is your case.
(Mr. Owen and Mr. Arcila were previously sworn.)
MR. OWEN: All right. For the record, Brian Owen, Collier
County Code Enforcement.
This is in reference to Case No. CEAU20240008436 dealing
with violations of the Collier County Land Development Code as
amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i), unpermitted chain-link fence with 110-volt
electrified gate around the perimeter of the property.
Located at 1485 Rock Road, Naples, Florida, ZIP Code 34120.
Folio 22200008 [sic].
Service was given on October 7th, 2024. Give me a second.
All right. The case, CEAU20240008436, was opened on
September 3rd, 2024, for a complaint for an unpermitted fence with a
motorized gate. Investigator Migal made his initial investigation on
September 4th, 2024. He observed a chain-link fence and an
June 26, 2025
Page 25
electrified sliding gate. No permits were found on file for the fence
and the gate.
Notice of violation was served on November 7th, 2024.
During reinspection of the case, no permit was found to abate
the violation. Notice of violation had to be reissued due to a change
on the deed. That notice of violation was served on March 31st,
2025.
On May 1st, 2025, a permit for the fence was found to be
applied for but was in incomplete application status. Case was
prepared for hearing on May 15th, and yesterday, on June 25th, 2025,
during my pre-inspection, the fence remains, and Permit
PRFW20250417880 has been in denied status.
I have two photos taken by Investigator Migal that are in a joint
drive I have access to. One aerial, one deed proving ownership, and
one photo taken by me yesterday.
CHAIRMAN KAUFMAN: Okay. Has the respondent seen the
photo [sic]?
MR. OWEN: He has, sir.
CHAIRMAN KAUFMAN: Do you have any problem with him
showing the photo?
MR. ARCILA: No, not at all. Actually, I wish there were more
so I could explain a little better what my thoughts are on this, but...
CHAIRMAN KAUFMAN: Okay. Can we take a motion from
the Board to accept the photos?
BOARD MEMBER ELROD: I'd like to make a motion to
accept the photos.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: I have a motion and a second. All
those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
June 26, 2025
Page 26
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. OWEN: So this is the fence that is around the property.
You see the gate that does have electricity providing it to slide it open
and closed, and this black chain-link fence does go around the
perimeter of the whole entire property.
There is an outstanding issue that the respondent would like to
explain in his testimony about some outstanding issues, but
ultimately, it's come down that a permit is needed for this fence and
this electricity to this gate.
CHAIRMAN KAUFMAN: Okay. Can I assume that you
inherited this as well?
MR. ARCILA: No, sir. The fence -- I actually placed the fence
on the property.
CHAIRMAN KAUFMAN: Okay. So it's your turn to tell us
your story.
MR. ARCILA: Sure. Absolutely.
Mr. Owen, could you place the other picture where it shows the
cattle fence from my neighbor to the north. No the other one.
MR. OWEN: Oh, my apologies. I know what you're looking
for. Hold on.
MR. ARCILA: There you go. Okay. Perfect.
MR. OWEN: This right here.
MR. ARCILA: So, yes, I, indeed, placed the fence on the
property. As you can see, I placed it five feet from my property line
actually to give access for wildlife all around my home.
I was unaware that I did need a permit for it considering the fact
June 26, 2025
Page 27
that the vast majority of the homes on that road are zoned ag. I was
told, "Hey, we're all ag. You don't need a fence permit," which I
went by what everybody was telling me.
Now, it all came upon when my neighbor to the west, where you
see that wooded area, told me that I had to move my fence because I
was blocking his access. I was completely unaware that I was
encroaching on an easement that -- yes, it is recorded -- unknown to
me, because my survey did not show that easement. All along I am
thinking that the access to that property along the -- along with the
access to my property is along the lines where you see that cattle
fence to the front.
As you notice, there's a curve going into the black gate. The
access to my home -- and I bought this home in 2022, I think, the end
of 2021, early 2022 -- that access has been there since that home was
built. My home was built in 1996.
I don't know how the county -- if that's the case, how was my
home approved or permitted, even CO'ed, having that access?
Thirty years later, now I am told that that is not the access to my
home; that basically I have to -- and I'm all about getting the permit
for my fence, but I do have a lot of questions regarding why now, 30
years later, we have to clear literally 30 feet for an access that will
only serve my home and my neighbor. Thirty feet is wider than Rock
Road.
Now, where that cattle fence is, that is actually a 15-foot
easement. I went to the -- I've done this all research on my own -- to
the Property Appraiser's Office. I met -- sat down with a gentleman
at Mapping. We went back 40, 50 years ago, and there is
actually -- where that cattle fence is and where the access to my home
for the last 30 years have been, 29 years, is actually an additional
easement.
So if I were to clear that and move the fence to where I'm
June 26, 2025
Page 28
supposed to now -- I mean, now with that 30-foot easement, now we
have a 40-foot -- a 45-foot access easement for one home -- for two
homes. It just does not make sense.
Now, I appreciate now that I have somebody to explain this to.
We tried to reach out to the county. I was told that the county
basically punted the ball saying this was a civil matter because it is a
private road.
So I come to you to ask -- you know, I'm all about putting the
fence in. Now, what do I do? Because it just does not make sense.
In fact, if you see the cattle gate, when my home was built and
permitted by the county, my utility pole -- the utility pole that serves
my home is actually above -- oh, no, over that 15-foot easement.
My neighbor to the east mentioned to me, hey -- because, you
know, my neighbor's been living on that road for 45 years. I've got
neighbors that have been living there for 50 years, right? They're in
their 80s, and they know all the stories.
They're like, "No, Felipe, your access is through where you've
been going," you know, through where my neighbor was -- you
know, for the last 30 years. In fact, she mentioned -- my neighbor
mentioned that when the county approved the construction permit for
my home 30 years ago, the county obligated the neighbor to our north
to move his fence 15 feet for access to my home. And I just bought
this home three years ago.
So what do I do? It just does not make -- and I know there's a
lot of uncertainty, because why did the county approve that permit 30
years ago with access to the home through this easement? Why
wasn't the other 30-foot easement enforced? Furthermore, why a
30-foot easement when it serves one home -- I mean, two homes? So
what do I do? I, you know --
CHAIRMAN KAUFMAN: Jeff?
MR. LETOURNEAU: Well, for the record, Jeff Letourneau,
June 26, 2025
Page 29
Collier County Code Enforcement.
Just a couple things. I appreciate you're having some difficulty
here, sir; however, we're just asking for this fence and this electricity
to be permitted. How you go about doing it has nothing to do with
what they're here for today. They're here to find a violation and give
you a specific time to get it taken care of.
The other thing is -- and I'm sorry to have to say this, but if you
would have pulled the permit before you put the fence in here, all this
stuff would have been known before the fence was in. Then you
wouldn't be in this situation. So you've got yourself to blame for not
pulling the permit.
MR. ARCILA: Under the premises that I was told that we didn't
need one, but you are correct. Because I was told everything's ag
there. I've got nurseries, cows. I understand.
MR. LETOURNEAU: But your difficulty with right-of-ways
and the county and this and that is not really their purview. They're
here to find a violation. Thank you.
CHAIRMAN KAUFMAN: Okay. Also, we have one speaker
that we'd like to hear from, if the speaker is here. Christine.
MS. BAZLEY: Yes.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. BAZLEY: I do.
CHAIRMAN KAUFMAN: You may want to pull the
microphone down.
MS. BAZLEY: Is that better?
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: Ma'am, can you state your name?
MS. BAZLEY: Yes. Christine Basely. I live at 1170 Keri
Island Road. We purchased the property in February of 2009, and I
June 26, 2025
Page 30
have been a resident in Naples since 1993.
The fence that you see, the cattle fence, is actually to my
property. And I don't know if you can tell from the picture, but it's
very old, it's falling down, and I need to replace it, as I need to
replace all of the fencing. I've been waiting to do so, because my
understanding is behind my home and adjacent to Mr. Arcila's, Jim
Schulze is going to put in a home, and he's going to have to make a
way to bring in his home and all the construction people and whatnot.
I wanted to wait until that was done before I replace my fence,
and I can't wait. I cannot wait anymore. We have cattle on the
property, and I need to ensure that -- their safety.
I want to state that 1140 Keri Island Road and 1170 were once
10 acres. When they were divided to the two 5-acre tracts, OR Book
and Page 946, 1012 gave 1170, my property, access to get to a second
home on my property through that easement, which is an FPL
easement as well.
MR. ARCILA: And access.
MS. BAZLEY: So I had the county take a look at this, David
Anthony, and it says it's for my property only. So that's my driveway
for the back home. And I'm currently sharing my driveway with
Mr. Arcila, and Mr. Arcila is not deeded access to that.
The problem that I have, besides needing to fix my fence, is that
there are times when I come out of my property and my
ingress/egress is blocked from workers, or even Jim Schulze once
had parked there to work on his property. And I don't want to be
blocked from my access to my deeded driveway.
The other issue that I have is that even though it's a 5-acre farm,
I still need large equipment to manage it. And I have my son bring
over his tractor. He has a very large trailer, large truck. Right now
we're having to park it on Keri Island Road, on the road or in front of
another neighbor Alex's home. Alex owns 1140 Keri Island Road as
June 26, 2025
Page 31
well as the one across the street.
What I'd like to do is be able to park this big trailer in this
easement deeded driveway for myself, and I would be able to manage
it by pulling into the road on the opposite side and back it in. The
only issue is I would not be able to get it through that gate. I would
have to leave it in my driveway, which now blocks Mr. Arcila's
ingress/egress.
CHAIRMAN KAUFMAN: I don't want to interrupt you --
MS. BAZLEY: Yes.
CHAIRMAN KAUFMAN: -- however, as Mr. Letourneau has
said, this has to do with the permit --
MS. BAZLEY: Okay. I'm just saying --
CHAIRMAN KAUFMAN: -- which has nothing whatsoever to
do with the right-of-ways and all the rest of that. This has to do with
there's a fence that was put in without a permit.
Am I correct, Jeff?
MR. LETOURNEAU: You are.
MS. BAZLEY: But I also want to state that when the initial
writeup was made by Ricky Migal, he stated that the fences need to
be taken down on both Mr. Arcila's property and the Lightcaps'
property. And once those fences are removed -- and they were
supposed to be removed within 30 days of the October -- of the
October 2024 date, then people can have access. I'm not going to
block access if I park a trailer there.
So I'm asking you to please have these fences removed, moved
for both Mr. Arcila's and the Lightcaps so that I can use my deeded
driveway the way --
CHAIRMAN KAUFMAN: We don't remove anything. What
we rule on is if there is a violation on a fence that was put in without
a permit, end of case.
MS. BAZLEY: May I share with you --
June 26, 2025
Page 32
MR. LETOURNEAU: Ma'am, just can I --
MS. BAZLEY: Yes, sir.
MR. LETOURNEAU: So we're the county. My name is Jeff
Letourneau. We're here to ask the Board to find a violation of
whether this fence was permitted or not. If they do find that
violation, they're going to ask this gentleman to get a permit or
remove the fence. And if he does [sic] it in a specific amount of time
that they give him, there's going to be a daily fine.
MS. BAZLEY: Right. Okay. But I'm asking you -- that's great,
but at the same time that this writeup was done for Mr. Arcila, I
understand a writeup was also done for the Lightcaps, and I'm
wondering -- I haven't seen that brought up.
MR. LETOURNEAU: Yeah. I can't speak on that right now. I
would have to do some research on that before I could talk about that.
MS. BAZLEY: Okay. Well, I'd like to share with you an email.
MR. LETOURNEAU: But it still doesn't have anything to do
with this particular fence not being permitted. That's why we're here
right now.
MS. BAZLEY: Okay. I'm just ask -- I'm just letting you
know -- I'm just speaking on behalf -- as a homeowner, I just would
appreciate if you did enforce the removal of fences with no permits.
MR. LETOURNEAU: I'll definitely look into it after this
hearing, but right now I'm just too busy to do any kind of research
like that. That would be some extensive stuff, yeah.
MS. BAZLEY: Thank you very much.
CHAIRMAN KAUFMAN: Okay. Now --
BOARD MEMBER AYASUN: Going back to the case.
CHAIRMAN KAUFMAN: Going back to the case. We have to
find if there -- if a violation did occur.
BOARD MEMBER ELROD: I make a motion that there's a
violation, a fence without a permit.
June 26, 2025
Page 33
CHAIRMAN KAUFMAN: Okay. We have a motion.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Do you have a suggestion for us, Brian?
MR. OWEN: We do.
CHAIRMAN KAUFMAN: Cool.
MR. OWEN: Do you want me to read it to you?
CHAIRMAN KAUFMAN: Go ahead.
MR. OWEN: Okay. Recommendation: That the Code
Enforcement Board orders the respondent to pay all operational costs
in the amount of 59.35 incurring [sic] with the prosecution of this
case within 30 days and abate all violations by:
One, obtaining all required Collier County building permits or
demolition permits, inspections, certificates of completion/occupancy
for the fence with electric gate within blank days of the hearing,
and -- or a fine of blank dollars 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 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 ensure the provisions of this order,
and all costs of abatement shall be assessed to the property owner.
June 26, 2025
Page 34
CHAIRMAN KAUFMAN: Okay. Anybody want to fill out the
blanks? If not, I will.
BOARD MEMBER AYASUN: Okay.
CHAIRMAN KAUFMAN: Okay. This is a complicated case
that has very little to do with getting the permit. I'm sure you'll be
able to handle that, but I can see that you're going to need some time.
Maybe legal help, I don't know.
So I'm going to say 120 days, which is four months, to get the
permit and get it CO'ed -- the scope of the work is not that big -- or
$100-a-day fine thereafter.
MR. ARCILA: May I request 180 days since I will have
to -- you know, this is a civil matter and --
CHAIRMAN KAUFMAN: I'll change it to 180 days.
MR. ARCILA: Thank you.
BOARD MEMBER RUBENSTEIN: Question.
CHAIRMAN KAUFMAN: Yes, Lee.
BOARD MEMBER RUBENSTEIN: Do you have a current
survey on your property?
MR. ARCILA: Sir, when I closed on my property, we did order
a survey, and it did not show the easement.
BOARD MEMBER RUBENSTEIN: So at this time you don't
have one?
BOARD MEMBER AYASUN: No, he has one.
BOARD MEMBER RUBENSTEIN: Oh, you do. I'm sorry.
MR. ARCILA: When I closed on my property, the title --
BOARD MEMBER RUBENSTEIN: I would add that to --
MR. ARCILA: -- company produced one, and the easement was
not on there; otherwise --
CHAIRMAN KAUFMAN: When he goes to pull the permit, all
of that will come out in the wash. Okay?
BOARD MEMBER AYASUN: Okay.
June 26, 2025
Page 35
CHAIRMAN KAUFMAN: So that was my motion.
BOARD MEMBER ELROD: Second.
BOARD MEMBER AYASUN: Second.
MR. NOELL: And as part of the motion, the operational costs?
CHAIRMAN KAUFMAN: Operational costs of $59.35 to be
paid within 30 days.
BOARD MEMBER AYASUN: Second the motion.
CHAIRMAN KAUFMAN: Okay. It's seconded.
Kathy, do you have any comments or --
BOARD MEMBER ELROD: Absolutely not.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
BOARD MEMBER RUBENSTEIN: Aye (delayed).
CHAIRMAN KAUFMAN: It carries unanimously. Okay.
Thank you, sir. I understand you're in a --
MR. ARCILA: Thank you very much for your time.
CHAIRMAN KAUFMAN: I understand you're in a strange
position, and I applaud your taking this on and getting it right.
MR. ARCILA: I just want to get the truth of it. You know,
it's -- anyway.
CHAIRMAN KAUFMAN: Okay.
MR. ARCILA: Hopefully we'll be back. We'll try to get it done
sooner than 180 days, but I need the time.
CHAIRMAN KAUFMAN: Okay. Good luck to you.
MR. ARCILA: Thank you.
CHAIRMAN KAUFMAN: Christine, thank you for
participating.
MS. BUCHILLON: Next, we are back to motion for extension
June 26, 2025
Page 36
of compliance deadline, No. 2, CESD20220005510, Prescilla
Cisneros and Sergio Garcia.
BOARD MEMBER AYASUN: What was the number?
CHAIRMAN KAUFMAN: Two.
MS. BUCHILLON: Extension of time No. 2.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COOPER: I do.
MS. CISNEROS: I do. I do, sorry.
CHAIRMAN KAUFMAN: He talked over you. He's got a
deeper voice. Could you state your name on the microphone for us,
please?
MS. CISNEROS: Priscilla Cisneros.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: Craig Cooper, Collier County Code
Enforcement.
CHAIRMAN KAUFMAN: Okay. You're requesting additional
time. When is the date on this due to begin with?
MR. COOPER: I'm sorry, sir?
CHAIRMAN KAUFMAN: This is for an extension of time.
MR. COOPER: Yes, sir, extension of time.
CHAIRMAN KAUFMAN: Okay. The mobile home and a roof
were added to the property, and I guess that was a code case, and that
case was due when?
MR. COOPER: Well, the code case was opened June 9th of
2022. The compliance date was July 20th of 2022.
CHAIRMAN KAUFMAN: Okay. So to ask for an extension
on this, I don't quite understand that. It's in violation for several
years.
MR. COOPER: Right. I'd like to refer to the respondent to
June 26, 2025
Page 37
explain.
CHAIRMAN KAUFMAN: Okay.
MS. CISNEROS: Okay. So long story short, we had an
architect, Don Cahill, who retired due to health reasons before he
could finish the plans. Then we got another architect we have issues
with now because they're under investigation for some fraudulent
items.
We then got another drawing. We submitted it. I was not aware
that I as a homeowner could not pull that permit and neither can a
contractor. So that was submitted in May -- rejected in May. I've
now hired a DOT-approved contractor to pull that permit.
So it's been paid for. I put another deposit of roughly $3,000.
That permit's going to be submitted Friday, so tomorrow. And then
after that, as soon as it gets approved, inspections will be completed,
and that will be done.
CHAIRMAN KAUFMAN: Okay. Jeff, is this my favorite
person who likes to use somebody else's stamp?
MR. LETOURNEAU: I'm not sure. Is that correct, Craig?
MR. COOPER: I can pull up the drawings that I have.
MS. CISNEROS: It was originally, yeah, the one that's -- Gene
or something.
MR. COOPER: SSA?
MS. CISNEROS: Yes. There you go.
CHAIRMAN KAUFMAN: That's him?
MS. CISNEROS: Uh-huh.
CHAIRMAN KAUFMAN: So you're asking that the -- we
grant an extension of time till when?
MS. CISNEROS: So three months, as soon as -- that permit will
be submitted no later than Monday, as soon as it goes in review.
That's four weeks. And as soon as I get my inspections, they will be
called in a timely fashion, so Top-Notch Mobile Home Service is out
June 26, 2025
Page 38
today to stake the lot, do their first inspection, and they're going to
submit tomorrow.
CHAIRMAN KAUFMAN: Okay. Ultimately, what are you
doing? You're going -- this is the mobile home and a roof.
MS. CISNEROS: Yes. So I purchased that lot, and it was a
hoarder situation. And we cleared the exotics. We got approval for
that. We removed containers, trash, vehicles, everything from that,
so that mobile home was existing. We didn't place it. It was there.
When we cleaned up, I don't know, I guess the county saw it. I'm not
sure. So we just cleaned it up. We're trying to make the street look
nicer. We're trying to pave the street. We're trying to clean up, deal
with the situation at hand, and it's just becoming kind of impossible.
At this point, if I can't get this permit, I don't know what to do
other than knock down a mobile home that's already approved. I
mean, that mobile home is existing. The impact fees are paid for;
that permit exists from years and years and years ago.
CHAIRMAN KAUFMAN: So the person you hired is going to
get the permit for the --
MS. CISNEROS: Mobile home.
CHAIRMAN KAUFMAN: -- mobile home, the change in the
mobile home --
MS. CISNEROS: Yes.
CHAIRMAN KAUFMAN: -- roof structure, and whatever?
MS. CISNEROS: Yes.
CHAIRMAN KAUFMAN: Okay. So you're looking for -- to
extend this three months?
MS. CISNEROS: Yes.
CHAIRMAN KAUFMAN: Knowing what I know, I would
recommend that we make a motion on the Board to extend it six
months, okay?
MS. CISNEROS: I appreciate it.
June 26, 2025
Page 39
CHAIRMAN KAUFMAN: And hopefully you could plant the
seeds and grow another mobile home or whatever you need to do.
So I'll make a motion that we grant six months continuance,
okay?
Yes.
MR. NOELL: Is it an extension of the compliance deadline?
CHAIRMAN KAUFMAN: Yes.
MR. NOELL: Okay.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: Okay. We have a motion. And
those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. CISNEROS: Thank you very much.
CHAIRMAN KAUFMAN: You should have plenty of time to
get it all done.
MS. CISNEROS: It will be done by then. I appreciate it.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: Thank you.
CHAIRMAN KAUFMAN: Thanks, Craig.
Which brings us to?
MS. BUCHILLON: Brings us to hearings, No. 4,
CESD20240007889, 12275 Collier Boulevard Land Trust, and also
No. 5, CELU20250006375.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
June 26, 2025
Page 40
but the truth?
MS. ALCANTAR: I do.
MR. HOLMES: I do.
CHAIRMAN KAUFMAN: Okay. Bradley, this is your --
Ma'am, could you state your name on the microphone for us,
please.
MS. ALCANTAR: Maria Alcantar.
CHAIRMAN KAUFMAN: Okay.
MR. HOLMES: For the record, Bradley Holmes, Collier
County Code Enforcement. Just for a point of order -- I'll pull this up
here. So the respondent -- or the representative for the respondent,
she's shown up for most of their code cases. She has a blank
representation for them that was signed, and it was notarized by
the -- or for the -- for her representation, but it's dated in May. She's
going to get one updated that will be more specific to this case. If the
Board would like to look at that, I can pull that up.
CHAIRMAN KAUFMAN: I don't think that's necessary.
BOARD MEMBER AYASUN: No.
MR. LETOURNEAU: Maria, you're representing the property
owner?
MS. ALCANTAR: Yes.
MR. LETOURNEAU: Okay. Thank you.
BOARD MEMBER AYASUN: Is this two separate cases?
CHAIRMAN KAUFMAN: We're going to vote on them
separately and hear them together.
MR. HOLMES: For the record, Bradley Holmes, Collier
County Code Enforcement.
This is in reference to Case No. CESD20240007889 dealing
with violation of the Collier County Land Development Code 04-41,
as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i) addressing the unpermitted renovation/alteration
June 26, 2025
Page 41
work being conducted without Collier required Collier County
permits including penetrating through a firewall for a passageway
between units. Located at 12275 Collier Boulevard Naples, Florida,
34116. Folio No. 35778600008.
Service was given on August 23rd, 2024.
This case originated as a referral from the Collier County
Contractor Licensing division after their investigation into
unpermitted work concluded. I reviewed the property file and found
a permit. Permit No. PRCS20240727939. Application date,
July 3rd, 2024, on file but not yet issued. This permit directly
pertained to renovation work in one of the units.
To date that same permit remains unissued due to a firewall
modification that occurred and was not noted within the plans
submitted with that permit. So original renovation did not include the
firewall penetration.
An NOV was issued promptly, and following the issue of the
NOV, attempts were made to work with ownership to get the
permitting in order. In May of 2025, ownership met with county
officials to discuss the violation and what was required to abate it.
Under the direction following that meeting, a second permit was
filed for the infill of the firewall. That permit number is
PRCS20250522860. Current status for that permit is "under review."
As of my prehearing inspection conducted on 6/25/2025,
violation remains. Those permits remain under review or denied
status, okay -- or ready-for-issuance status. The ready-for-issuance
status pertains to the original renovation, but it's stagnant there until
the firewall gets corrected.
Case evidence will include one photo taken by Investigator Greg
St. Jean with contractor licensing. This photo was taken on
August 13th, 2024, and a signed code referral/determination. These
items are on a shared drive to which I have access.
June 26, 2025
Page 42
CHAIRMAN KAUFMAN: Okay. Has the respondent seen the
photos?
MR. HOLMES: Yes.
MS. ALCANTAR: Yes.
CHAIRMAN KAUFMAN: Do you have any objection to the
photos?
MS. ALCANTAR: No.
BOARD MEMBER ELROD: I'll make a motion to accept the
photos.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. HOLMES: All right. So in one shot we see the firewall
penetration, which is the biggest issue Collier County has at the
moment, given the life-safety nature of that. And the current interior
of this unit being renovated. I mean, I understand the tables and
chairs are there, but there is refreshment occurring, work outside of
the issuance of the permit.
And this is the referral over to Code Enforcement, the
determination by Robert Moore, permit required. Okay.
CHAIRMAN KAUFMAN: Okay. We're not going to hear the
other case?
MR. HOLMES: Probably for cleanliness, resolve this one first,
and then we'll go to that one. Separate issue.
June 26, 2025
Page 43
CHAIRMAN KAUFMAN: Okay, gotcha.
Okay. Ma'am?
MS. ALCANTAR: Yes. So everything that Bradley has stated,
obviously, is correct. We did submit the plans, which there was no
indication of repairing the firewall. It was -- at first it was a
miscommunication from the county. We even had to schedule a
meeting to kind of clean the air a little bit as to how they needed to
proceed.
After that meeting, we did go back to the engineer/architect to
draw up the plans so that we could submit for the special repair
permit, which is the firewall specific -- specifying the firewall.
We did do that, however, Gene -- Greg -- Gene emailed
Mr. Nunez requesting specific scope of work for Unit 8 and 9, which
is the -- where the firewall was penetrated. So then we had to push
back to the engineer and architects. This was June 9th. And we
recently received the plans. Actually, I was emailed this morning
that the plans are ready to be submitted back to the county for that
specific scope of work that was specified to be a requirement on the
plans. So we're moving along.
They do understand that the wall has to be placed back. They
have no objection to it. It's just the time that the engineers/architects
and the miscommunication that -- or the misunderstanding, rather,
that they had on how to go about replacing this firewall and all the
code.
CHAIRMAN KAUFMAN: Do you have any idea when the
permit will be approved?
MS. ALCANTAR: No. I wish I did. No. We go based on
what the rejection -- if there's any rejections based on the codes or
requirements of the county.
So we submit the plans. It goes under review again. I believe
it's about three to 30 days for a review to be completed. Then it's
June 26, 2025
Page 44
pushed back with any rejections. Then we take those rejections,
obviously, and we push it back to the engineer.
So once that is, you know, back and forth a few times, then once
we get it to where the county is accepting every detail as well as the
code compliance and so forth and so on, then Contractors Licensing
and all the good department procedures and reviews, then we can get
the permit. But at this time we don't know. We don't -- I mean, I
don't know.
CHAIRMAN KAUFMAN: The reason I had asked the
question, should the Board find that you're in violation and we go to
the county and ask for their suggestion, we wanted to make sure that
hopefully the amount of time that we grant will be sufficient time to
resolve the situation.
MS. ALCANTAR: I will.
CHAIRMAN KAUFMAN: So having said that, anybody want
to make a motion if a violation exists?
BOARD MEMBER ELROD: I make a motion a violation does
exist.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Now, Bradley.
MR. HOLMES: Yes, sir.
CHAIRMAN KAUFMAN: You have a suggestion for us?
June 26, 2025
Page 45
MR. HOLMES: I do. And prior to sharing that, I was advised
by Investigator St. Jean that the permit for the infill was just rejected
this morning, so there's already going to be a corrections letter
produced. So that puts us ahead of potentially that first 30 days. So
within the week, they should be receiving their corrections letter and
be able to dig into that, okay?
CHAIRMAN KAUFMAN: Okay.
MR. HOLMES: All right. So county's 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:
One, obtaining all required Collier County building permits or
demolition permit, inspections, and certificate of
completion/occupancy for the renovation/alteration of the units
within blank days of this hearing, or a fine of blank dollars 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 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. That's why I had asked the
question before. And you have a partial answer now: It's not going
to sail through.
So anybody want to fill in the blanks?
BOARD MEMBER AYASUN: How long?
BOARD MEMBER ELROD: All right.
CHAIRMAN KAUFMAN: Go ahead.
BOARD MEMBER ELROD: 59.28 in 30 days, 180 days to get
June 26, 2025
Page 46
all of the stuff and CO'ed.
CHAIRMAN KAUFMAN: Or a fine of?
BOARD MEMBER ELROD: Two hundred dollars a day.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And that motion has been
seconded. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You have six -- six months.
MS. ALCANTAR: Six months.
CHAIRMAN KAUFMAN: It should be more than enough time
to get everything done.
MS. ALCANTAR: Yes.
CHAIRMAN KAUFMAN: Even if you get rejected a couple
more times.
MS. ALCANTAR: Thank you.
CHAIRMAN KAUFMAN: So that takes care of 7889, last four
digits, that case.
MS. BUCHILLON: Mr. Kaufman, if I may. It was 100 or 200?
BOARD MEMBER ELROD: Two.
MS. BUCHILLON: Two hundred. Okay, thank you.
BOARD MEMBER AYASUN: 6375.
CHAIRMAN KAUFMAN: Which brings us to?
MS. BUCHILLON: Number 5, CELU20250006375.
(Mr. Holmes and Ms. Alcantar were previously sworn.)
June 26, 2025
Page 47
MR. HOLMES: Ready.
CHAIRMAN KAUFMAN: Okay, Bradley.
MR. HOLMES: All right. For the record, Bradley Holmes,
Collier County Code Enforcement.
This is in reference to Case No. CELU20250006375 dealing
with violation of the Collier County Land Development Code 04-41,
as amended, Sections 1.04.01(A), 1.04.01(B), and 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/drink, and seated consumption of food/drink in the parking
lot/sidewalk area of the plaza. Located at 12275 Collier Boulevard
Naples, Florida, 34116. Folio No. 3577860008 [sic].
Service was given on May 29th, 2025.
This case originated as a field observation made by Investigator
Don Joseph on May 24th, 2025. On that date, the operation of food
and drink preparation, sales, and consumption were observed within
the parking lot area.
This activity followed the Code Enforcement Board's finding of
fact order for the same activity at the May 23rd, 2025, hearing.
This case was opened as a repeat violation. A notice of
violation was issued, and the case was immediately prepared for a
hearing to address the repeat violation.
The following evidence will be provided: One photo taken by
Investigator Don Joseph May 24th, 2025, and the photos were on a
shared drive, which I have access.
CHAIRMAN KAUFMAN: Okay. Has the respondent seen the
photos?
MR. HOLMES: Yes, sir.
CHAIRMAN KAUFMAN: Do you have any objection?
MS. ALCANTAR: No.
BOARD MEMBER ELROD: Motion to accept the photos.
June 26, 2025
Page 48
CHAIRMAN KAUFMAN: We have a motion.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. HOLMES: One singular photo.
CHAIRMAN KAUFMAN: What's that, a canopy over the --
MR. HOLMES: Yeah. They have a canopy over the
preparation station. Canopy over table areas.
CHAIRMAN KAUFMAN: What are they selling?
MR. HOLMES: She -- it looks like --
MS. ALCANTAR: Tacos.
MR. HOLMES: Tacos.
CHAIRMAN KAUFMAN: Hot dogs?
MS. ALCANTAR: Tacos.
CHAIRMAN KAUFMAN: Beer?
MS. ALCANTAR: No, no alcohol.
CHAIRMAN KAUFMAN: Okay.
MR. IANDIMARINO: Mr. Chairman, if I may.
CHAIRMAN KAUFMAN: You may.
MR. IANDIMARINO: Tom Iandimarino, director of Code
Enforcement.
This happened, I think, the day after you told them not to do it.
So this was pretty, in my opinion -- they were advised not to do it by
the Board, and they went out and put the tent up the next day or I
think maybe two days after.
June 26, 2025
Page 49
CHAIRMAN KAUFMAN: This is eligible for a civil fine; is
that correct, Jeff?
MR. LETOURNEAU: Yes, sir. I believe Bradley's
recommendation has that on there also.
CHAIRMAN KAUFMAN: Okay. We're going to go to the
respondent now.
MS. ALCANTAR: Tom, I don't believe it was the next day. I
think it was that following weekend because we were here in court
that weekend of that Thursday. So there was no -- I went back to
them, and I, you know, said, "Enough, no. It's -- the case was abated,
but no more." So they did not perform any business that weekend. It
was the following weekend that was --
CHAIRMAN KAUFMAN: You said the case was abated?
MS. ALCANTAR: Or it was --
CHAIRMAN KAUFMAN: Resolved.
MR. LETOURNEAU: We had a finding of fact, I believe, last
time, Brad?
CHAIRMAN KAUFMAN: Yeah, it was a violation. So
obviously --
MR. LETOURNEAU: Right.
MS. ALCANTAR: Right. So it was the following weekend.
CHAIRMAN KAUFMAN: It doesn't matter if it was the next
day --
MS. ALCANTAR: I understand.
CHAIRMAN KAUFMAN: -- or the following weekend.
MS. ALCANTAR: Correct, of course. But I just wanted to
point out that it wasn't that following day.
MR. IANDIMARINO: No. The picture was taken on the 24th,
just for reference.
MR. HOLMES: Pardon my misspeaking or mix-up of dates.
But the last month's hearing occurred on the 22nd. The photo is
June 26, 2025
Page 50
dated on the 24th, so it was observed --
CHAIRMAN KAUFMAN: Around the same time.
MR. HOLMES: Correct.
CHAIRMAN KAUFMAN: Okay. I like to talk in generalities.
Okay. So --
MS. ALCANTAR: With that said, that weekend that they did
not perform business, they realized how much of an impact to their
business -- it is their entire livelihood. They are working towards
getting a food special vending permit to have this vending outside.
I would like to make sense of this whole issue. They can't
perform business indoor because of what's going on with of the
special repair firewall along with not being able to finish their other
unit, which has the stop work order due to the firewall. That's where
they will be performing their food vending or food taco -- expanding
their location.
So therefore, they brought it out in the meantime. It is their
livelihood. They are businesspeople, and they are risk takers. They
do understand that they have to comply. That's why they're doing
everything within their power, investing thousands and thousands of
dollars trying to get this special vending permit as well as all the
engineering, architect, and construction work that they're, you know,
investing in to get in compliance with the county.
So then they took that risk as businesspeople to continue their
work just to get through all this chaos that's going on that
they -- obviously they created, so...
CHAIRMAN KAUFMAN: It reminds me of somebody who
kills their mother and father and then says to the judge, "I'm an
orphan," you know.
MR. LETOURNEAU: It's just -- for the record, Jeff
Letourneau, Collier County Code Enforcement.
Since we're talking about this business, obviously, you admitted
June 26, 2025
Page 51
they did create the problem in the first place by renovating the
interior.
MS. ALCANTAR: Uh-huh.
MR. LETOURNEAU: This has been a -- what I call a frequent
flyer business as far as Code Enforcement's concerned. I'm looking
back on the property at this point, and there's a couple dozen code
cases we've had on this business over the last five years. So, you
know, they're taking a risk. Yeah, well, they lost that risk at this
point. And going forward -- if we have any more code violations, it's
going to be a bigger risk if they go forward with it.
CHAIRMAN KAUFMAN: Okay. We need a motion to find
out if they're in violation.
BOARD MEMBER RUBENSTEIN: I make a motion that a
violation exists.
CHAIRMAN KAUFMAN: Okay. We have a motion that a
violation exists.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And it's seconded. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And you have a suggestion for us?
MR. HOLMES: Absolutely.
Recommendation: That the Code Enforcement Board orders the
respondent to:
One, pay operational costs in the amount of $59.28 incurred in
June 26, 2025
Page 52
the prosecution of this case within 30 days;
Two, pay a civil penalty in the amount of $250 for the repeat
violation;
Three, abate all violations by obtaining all required Collier
County approvals, Collier County Site Development Plans, Collier
County Site Development Plan insubstantial changes, Collier County
temporary-use permits, Collier County building permits, Collier
County demolition permits, inspections, and certificates of
completion/occupancy for the operation of the unapproved outdoor
food preparation and dining area within the plaza parking lot, or
cease all unapproved activity within blank days of this hearing, 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 to confirm abatement. If the respondent fails to abate the
violation, the county may abate the violation using anything 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. Jeff, I have a question.
MR. LETOURNEAU: Yes, sir.
CHAIRMAN KAUFMAN: On a civil penalty, what is our
limits on that?
MR. LETOURNEAU: That I don't know.
MR. NOELL: I can -- I can advise the Board on that. So for a
repeat violation under the Collier County ordinance, you can impose
a civil penalty not to exceed $5,000. If the Board -- and this may be
advisable to let respondents know. If the Board at some point finds
that the violation is irreparable in nature, in other words, it can't be
June 26, 2025
Page 53
corrected, they could go all the way up to a fine of $15,000 per
violation.
CHAIRMAN KAUFMAN: Okay. My point in asking that is a
$250 civil fine for a second offense to me is the profits maybe for one
night. I would more like to see a thousand dollar civil penalty on this
one, so that's -- and I look for comments from the Board.
BOARD MEMBER RUBENSTEIN: How much time do we
have?
CHAIRMAN KAUFMAN: Well, we'll probably be here till
noon.
BOARD MEMBER RUBENSTEIN: To me, from what I hear
and see, we've got five years of bad history, that -- you've got five
years of repeated fines and problems. And I'm not sure how much is
the amount of money would be enough to get the attention of these
people.
I think they either need to get in the business or get out, because
I don't see much change in five years. I don't see anything even close
to being correct.
So I agree with the Chairman. If they don't have the money to
do the repairs, that's another thing, but they just seem to keep moving
around the property. And I know where it's at. And it's not an
eyesore, but it doesn't look good.
And I understand they're trying to make a living. There's
nothing wrong with that, but they've got to do it properly, and they've
got to do it by the rules. And they just don't seem to follow the rules,
or if they do, it's for a very limited time, and then they go right back
within a few days to operating their business, and so it needs to stop.
And so I would concur with the higher amount. I'm not sure a
thousand is enough. It's like a swimming pool without a fence. It's
bad. And I don't know what would get their attention.
So I concur with a larger amount per day and less days because I
June 26, 2025
Page 54
think the more time that keeps going by, we're going nowhere. And
now this permit's been denied, and I'm not sure what the reason is and
where that puts their project. You said that building permit was
turned down?
MR. HOLMES: Well, this case, unrelated to the permit.
BOARD MEMBER RUBENSTEIN: Okay.
MR. HOLMES: This case being just the food service activity
out in the parking lot.
BOARD MEMBER RUBENSTEIN: Yeah.
MR. LETOURNEAU: But as Maria pointed out, it is somewhat
related due to the fact that they can't operate the business in the
interior that they wanted to run.
MR. HOLMES: Right. That's forcing them outside.
MR. LETOURNEAU: And just to clarify, this fine isn't going
to be levied against the renters. It's going to be levied against the
property owner for allowing the renters to do this.
CHAIRMAN KAUFMAN: Okay. So we're missing two
blanks. How many dollars per day after the compliance date? And
the compliance date on this from the last time -- it doesn't much
matter if you continue to do this. But I would say a minimum seven
days to come into compliance and $200 a day after that.
BOARD MEMBER AYASUN: I would second that.
MR. HOLMES: If the Board would entertain the county's
opinion, we would -- we would say 24 hours, and then we check it
tomorrow for immediate abatement. You either set up or you don't.
CHAIRMAN KAUFMAN: Twenty-four hours is excellent.
Okay.
BOARD MEMBER AYASUN: So you amended it to 24 hours?
CHAIRMAN KAUFMAN: Right.
BOARD MEMBER AYASUN: Okay. I second what you said.
CHAIRMAN KAUFMAN: Okay. All those in favor?
June 26, 2025
Page 55
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously, and the
59.28 to be paid within 30 days. Just --
MS. BUCHILLON: And the civil penalty we're keeping at 250?
CHAIRMAN KAUFMAN: A thousand.
MS. BUCHILLON: A thousand, okay.
MS. ALCANTAR: I have a question -- quick question.
CHAIRMAN KAUFMAN: Shoot.
MS. ALCANTAR: So being that they -- just in case they ask
me. Being that they only do this on either Friday, Saturday or
Saturday, Sunday, would that fine only be for the two days that
they're violating, or it would be every single day once they violate
that first? Because they don't do it every day of the week. They only
do it two days or --
CHAIRMAN KAUFMAN: It's like a parking violation. You
park someplace where you shouldn't park, and then you move your
car the next day.
MR. LETOURNEAU: I would hope they don't continue doing
it without county approvals.
MS. ALCANTAR: Well, you know --
MR. LETOURNEAU: I mean, it's going to be -- I can guarantee
you if we're back here in a month, it's going to be a lot -- we're going
to be asking for a lot more than a thousand dollars.
MS. ALCANTAR: Right.
BOARD MEMBER RUBENSTEIN: Per calendar date?
CHAIRMAN KAUFMAN: Yeah.
June 26, 2025
Page 56
BOARD MEMBER ELROD: It's per incident, correct?
CHAIRMAN KAUFMAN: Yeah. It's -- if you violate it on
Saturday and you don't violate it on Sunday, we would consider that
violating it Saturday and Sunday.
MR. NOELL: Well, if -- so this is a little bit different because it
goes by the nature of the violation. So just as an example to maybe
help us get our heads around it, if, let's see, the violation was the
grass wasn't mowed and they mowed the lawn, so for two days that
lawn wasn't mowed, so the fines accrue. And then on the third day,
that lawn gets mowed, and the code inspector verifies that lawn's
mowed, it's no longer in violation because the lawn has been mowed,
so they're in compliance.
So as far as the question that's being raised, the mechanism that
the Board has is -- because they can do the, "Hey, we had it one day
and now we're back in compliance." The risk that they will face is
coming back here, and instead of it being a thousand-dollar fine for
that violation, the Board can impose upwards of a $5,000 fine. And
again, if the Board finds that it is an irreparable injury, so to speak, as
far as, "Hey, the harm's done," and, you know, we couldn't correct it,
they can go up to 15,000.
So it gets very serious when a company or an entity starts to do
the -- considers what is being proposed of, "Hey, we're going to just
face the fines," because those fines can get eight stiffer.
CHAIRMAN KAUFMAN: As Bradley said, they're going to go
back in 24 hours and check it, so that would stop fines from accruing
if they go back and check and there's no violation, and maybe they go
back on a Tuesday or Thursday and there's no violation, that works
out fine.
MR. NOELL: Yes. And then what the code inspector would do
if he notices a violation next week, then he would bring it back before
and say it was in violation for this Saturday and request the
June 26, 2025
Page 57
imposition of the $200 fine, and then also I would imagine request
the Board to issue a civil penalty --
CHAIRMAN KAUFMAN: Correct.
MR. NOELL: -- because it's a repeat violation.
CHAIRMAN KAUFMAN: Yes, I agree.
MR. LETOURNEAU: Just a question for Maria. Did you
mention a temporary-use permit?
MS. ALCANTAR: Yes.
MR. LETOURNEAU: Is there -- is there issues getting it, or --
MS. ALCANTAR: Well, as you know, they have to open a new
LLC, get the food vending truck registered and all that. It takes a
process, and then the application from the county, all the
requirements as far as the zoning and the certificate.
MR. LETOURNEAU: Right. I still think it would be a lot
quicker than, you know, getting that thing -- yeah, yeah.
MS. ALCANTAR: Than getting -- I agree.
MR. LETOURNEAU: So I would push for that as quick as you
could.
MS. ALCANTAR: Okay. Absolutely.
CHAIRMAN KAUFMAN: Okay. We're done with this case.
And we're going to take a break. We'll take a break until, I don't
know -- 10 of.
(A recess was had from 10:33 a.m. to 10:46 a.m.)
CHAIRMAN KAUFMAN: I'd like to call the Code Board back
to order.
Okay. Helen, what are we up to?
MS. BUCHILLON: We are still under hearings.
Next case, No. 10, CESD20240002243, Pedro Lopez, Jr.
BOARD MEMBER RUBENSTEIN: What number, Helen?
CHAIRMAN KAUFMAN: Ten.
MS. BUCHILLON: Number 10 under regular hearings.
June 26, 2025
Page 58
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. LOPEZ: Yes.
BOARD MEMBER RUBENSTEIN: Without permits.
CHAIRMAN KAUFMAN: Okay. Chuck, take it away.
Sir, could you state your name on the microphone for --
MR. LOPEZ: Pedro Lopez, Jr.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: Give me one moment. I apologize. My
computer is acting up.
CHAIRMAN KAUFMAN: No problem.
BOARD MEMBER ELROD: No time for that.
MR. MARINOS: Here we are. Okay.
All right. Good morning -- excuse me. For the record,
Investigator Charles Marinos, Collier County Code Enforcement.
This is in reference to Case No. CESD20240002243 dealing
with violations of the Collier County Code Enforcement Board
04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
Section 10.02.06(B)(1)(e)(i), multiple wood-type building structures
and carports, large wooden house structure, including a living room,
bedroom, and kitchen areas, an electrical outlet post built on the
property without permits. Located at 1633 Ivy Way, Naples, Florida,
34117. Folio 00305320003.
Service was given on June 19th, 2024.
This case originated as a complaint on 02 April 2024.
Investigator Raul Mendez met with property owner, Pedro Lopez, Jr.,
and conducted a site visit. Investigator Mendez noted multiple wood
structures on site, including sheds, carports, electrical posts, and a
wood structure that appeared to be utilized as a living structure.
June 26, 2025
Page 59
A building determination was prepared, and it found that all
structures and improvements on site would require permitting.
When Mr. Lopez, Jr., was informed of this fact, he stated that
his property is agricultural and, therefore, was exempt from the
permitting requirements, in his opinion. Mr. Lopez was informed
that he was mistaken in this belief and that permits are required.
Mr. Lopez submitted a zoning verification letter,
PL20240008097, on 02 July 2024. That submittal was deemed
incomplete, and a letter was mailed as per Growth Management
procedure informing him of this fact and providing guidance on
completing this letter.
The incomplete application notice stated the following: Number
one, bona fide agricultural -- bona fide agricultural agreements
description and evidence need to provide proof or receipts showing
bona fide ag use, and number two, agricultural classification from
Property Appraiser; need approval application with staff signature
approving property as agricultural from appraiser.
Mr. Lopez has been contacted on multiple occasions since that
time by Investigator Mendez, Supervisor Cristina Perez, and myself
to explain it still needs requirements -- still requires permits.
A fence permit, PRFW20250103958, was applied for and issued
on 03 April 2025. No further permit applications or submittals have
been made.
As of 25 June 2025, the violation remains.
I would now like to present case evidence in the following
exhibits: One building determination showing permits required, two
aerials showing the evolution of the property over time, 23 pictures
taken by Investigator Mendez on 02 April 2024 showing initial
conditions, and one picture taken by myself on 25 June 2025 showing
current conditions.
CHAIRMAN KAUFMAN: Has the respondent seen the
June 26, 2025
Page 60
photos?
MR. MARINOS: Yes, sir.
CHAIRMAN KAUFMAN: Do you have any objection to the
photos?
MR. LOPEZ: No, sir.
BOARD MEMBER ELROD: Motion to accept the photos.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. MARINOS: This is the initial violation determination
checklist prepared by Mr. Raul Mendez stating permits required for
all improvements.
All right. We have an aerial here from 2020 showing the
condition at the time: Unimproved agricultural property out in the
Estates.
CHAIRMAN KAUFMAN: How big is it?
MR. LOPEZ: Five acres.
MR. MARINOS: Five acres.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: Yep. So that's 2020. This is the current
condition 2025. Quite a few improvements made to the property.
These are some of the photos from Mr. Raul Mendez. This is
some of the plumbing. This is a carport over an RV as well as a little
kind of shed shack behind there. Here we're just looking at some
June 26, 2025
Page 61
more utilities to the property; that would be plumbing. This is
another view of that RV structure. Same thing, you can see that
shed-type structure that was behind the RV-structure there. Another
view of it. This is a different structure. And if you'll note, electrical
on the inside.
This is a different overhang, I guess, you'd call it. This would
be the pump house. Well equipment inside.
This is the back of another structure.
BOARD MEMBER AYASUN: Wow.
MR. MARINOS: There's the front side of that same structure, I
believe, again, with another carport over the top of that RV there.
This is another kind of a steel shed structure.
This is the interior that was referred to as a living space. Note
here you'll see electrical throughout and plumbing utilities as well.
Appliances on site. Sinks there as well. Interior electrical.
This is just a closer view of that structure we looked at before,
that steel shed structure. This is the back of that living space with a
split unit there. Carport over the RV. More electrical under the stilt
raised structure right there.
And this is from yesterday. Mr. Lopez and myself,
unfortunately, missed each other in communication, and by the time I
had left his property, we hadn't talked yet. We spoke again later on
in the day.
CHAIRMAN KAUFMAN: That's the gate to the property?
MR. MARINOS: Yes, sir. That's the -- and that's what the
current open permit's for. He's working on -- that permit's good to go
right now.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: That's everything I've got.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. LOPEZ: How you doing?
June 26, 2025
Page 62
CHAIRMAN KAUFMAN: Okay. Your turn to --
MR. LOPEZ: Well, I'm basically here just to resolve this whole
thing. This came into play March 6th, 2024. I had a complaint called
in. It was kind of a disgruntled mother-in-law. She called this
complaint in.
I spoke with Raul Mendez. Had him come over. Take your
pictures, do whatever --
MS. BUCHILLON: Can you speak into the microphone,
please?
MR. LOPEZ: I had Raul Mendez come out. He came and did
his investigation, as the pictures show. Took pictures of everything,
did his thing.
The initial investigation was children and stuff living on the
property. That wasn't found. There is no one living on the property.
There's no children on the property for that matter.
So then they had all these other violations, I would say. I've
been trying to apply for these permits, these fence permits as well.
So I'm just trying to resolve this case as fast as we basically can,
essentially.
CHAIRMAN KAUFMAN: You were originally cited in April
of last year?
MR. LOPEZ: March. March of last year.
CHAIRMAN KAUFMAN: So it's over a year.
MR. LOPEZ: Yes, sir.
CHAIRMAN KAUFMAN: What's been done?
MR. LOPEZ: Nothing. I've been going back and forth with
many county officials. Have missed work many times to come to
this -- not this facility, but the permitting, the zoning, trying to just
figure this out myself, taking days off work, like today, back and
forth, calling Raul Mendez, other inspectors and stuff, just trying to
figure it out, essentially.
June 26, 2025
Page 63
Now I have a contractor doing the fence permit, and he's the one
that messaged about the verification for the zoning as well. So it's
kind of in his table now, and he's doing it. But I'm just trying to
resolve this, to be honest with you, so...
CHAIRMAN KAUFMAN: So from last March to now, have
you applied for any permits?
MR. LOPEZ: Yes, sir. Yes, sir.
CHAIRMAN KAUFMAN: Okay. What permits did you apply
for?
MR. LOPEZ: I have a fence one, and I have the verification for
my nonresidential buildings as well. But they sent me the denial, as
you mentioned, that I need more of proof of bona fide ag., that the
property is an agricultural property. So I have other papers here that
kind of back me up what the property is essentially being used for.
So I don't know if that's going to help with the permitting or --
CHAIRMAN KAUFMAN: Did you provide those to Chuck?
MR. LOPEZ: Yes, for the most part. It's not up to him,
essentially. He told me I have to go speak to Zoning and the Property
Appraiser to apply for that specific permit, I guess. So that's kind of
why we're here, essentially.
CHAIRMAN KAUFMAN: Chuck?
MR. LETOURNEAU: Mr. Chairman, I have a couple questions
for this gentleman.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: For the record, Jeff Letourneau, Collier
County Code Enforcement.
Your testimony is that nobody's living on this property?
MR. LOPEZ: Yes, sir.
MR. LETOURNEAU: I just -- I'm just curious of why there's a
washer and a dryer and electric running up to the RV.
MR. LOPEZ: We're out there a lot.
June 26, 2025
Page 64
MR. LETOURNEAU: Okay. But that's not your permanent
address?
MR. LOPEZ: No, sir. I live about two and a half miles away.
MR. LETOURNEAU: Okay. Because you know nobody can
be living there.
MR. LOPEZ: Yes, sir.
MR. LETOURNEAU: All right. Very good.
And one more thing. You know that the utilities, all the utilities,
no matter what, if you do get, like, a Right to Farm Act and ag
exemptions, you're still going to have to get all that permitted.
MR. LOPEZ: The permit was signed off. That's how FPL went
out there to put power.
MR. LETOURNEAU: Yeah, but all that stuff you've got
running underground, the plumbing, the electricity, that's all going to
need permits before we're going to close this case out.
MR. LOPEZ: Okay.
CHAIRMAN KAUFMAN: Has the chief building inspector
voiced an opinion on this?
MR. MARINOS: Yeah. The building official stated that
all -- permits are required for everything on site.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: Now, if he can prove to the county that
certain structures apply to a farm, farm related, then they possibly
don't need to have permits for those structures; however, I guess you
could prove maybe that that RV is an office. I don't know how
Zoning's going to react to that. But to me, it does show signs of
living on that property, I'm sorry. It's just -- it's a pretty elaborate
setup for nobody to be actually staying on that property. That's just
my opinion.
MR. LOPEZ: That's understandable, but it's also very hot in the
state of Florida, sir. So if you're ever working outside in the sun or
June 26, 2025
Page 65
anything like that, it's nice to have a place there's an A/C maybe to --
MR. LETOURNEAU: I can understand that. And what type of
agricultural use are you doing?
MR. LOPEZ: I have ornamentals. You know what ornamentals
are? Like clusias --
MR. LETOURNEAU: Yes, sir.
MR. LOPEZ: -- arthurcolas [sic], Bougainvillea. I also pick the
saw palmetto berries every single year for the last four or five years.
I did try -- I try and do other stuff with them. I've seen how people
dry out the berries and they kind of chop them up and sell them as
medicines and sorts. It's a little harder to do, but that's kind of
another little project. I just have a bunch of little stuff I kind of want
to move along with. It's obviously not a super successful farm or
nursery right this second, but you can only do so much, you know.
MR. LETOURNEAU: So the county's position is once Zoning
and the Building department tell us that all his stuff is good to go,
then we'll find him in compliance at that point.
CHAIRMAN KAUFMAN: Okay. But in the meantime...
MR. LETOURNEAU: He's not in compliance at this time.
CHAIRMAN KAUFMAN: Okay. So anybody want to make a
motion on this?
BOARD MEMBER ELROD: I'll make a motion a violation
exists.
CHAIRMAN KAUFMAN: Okay. We have a motion.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
June 26, 2025
Page 66
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Chuck, have you got a suggestion for us?
MR. MARINOS: I certainly do, sir.
All right. Recommendation: That the Code Enforcement Board
orders the respondent to pay all operational costs in the amount of
$59.28 incurred in the prosecution of this case within 30 days and
abate all violations by:
One, obtaining all required Collier County building permits or
demolition permit, inspections and certificate of
completion/occupancy for all unpermitted structures and utilities
within blank days of this hearing, or a fine of blank per day will be
imposed until the violation's abated; and,
Two, to shut off all unpermitted electrical power sources to the
unpermitted structures and improvements, and it is to remain off until
such electrical work is addressed with a valid building or demolition
permit and related inspections within blank days of this hearing, or a
fine of blank per day will be imposed until the violation is abated;
Three, the respondent must notify a code enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the respondent fails to abate
the violation, the county may abate the violation using any method to
bring the violation into compliance and may use the assistance of the
Collier County Sheriff's Office to enforce the provisions of this order,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: So this is something that we have to
do two parts. One is turn off the electrical.
MR. MARINOS: Yes, sir.
CHAIRMAN KAUFMAN: And two is to get the permits and
everything else resolved?
MR. MARINOS: Yes, sir.
June 26, 2025
Page 67
CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot
at it?
BOARD MEMBER RUBENSTEIN: I have a comment --
CHAIRMAN KAUFMAN: Go ahead.
BOARD MEMBER RUBENSTEIN: -- or a question first. Do
you have sanitation on the property?
MR. LOPEZ: What do you mean?
BOARD MEMBER RUBENSTEIN: Bathrooms.
MR. LOPEZ: Yeah. The campers have bathrooms.
BOARD MEMBER RUBENSTEIN: And what are they hooked
up to?
MR. LOPEZ: Themselves. There's a portable septic tank, like a
camping one, that when that one overfills, we use that one to fill up,
and we take it to our house and just dump it in our septic.
CHAIRMAN KAUFMAN: Okay. Any other questions?
(No response.)
CHAIRMAN KAUFMAN: Okay. If that telephone was for me,
tell them I'll call them back.
My motion is 59.28 to be paid within 30 days, 120 days to come
into compliance, or a fine of $100 a day. That's Part 1.
Part 2, the electrical should be turned off within seven days or
$100 fine per day. Okay.
BOARD MEMBER ELROD: Second.
CHAIRMAN KAUFMAN: We have a second. All those in
favor?
BOARD MEMBER ELROD: (No verbal response.)
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
June 26, 2025
Page 68
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. LOPEZ: Can I ask a question?
CHAIRMAN KAUFMAN: Sure.
MR. LOPEZ: What happens if within seven days I can't resolve
this? I've got to shut power off, and anything on the property is just
waterless, kind of just on your own?
CHAIRMAN KAUFMAN: You have the time to turn the power
off because it's a fire hazard.
MR. LOPEZ: Okay.
CHAIRMAN KAUFMAN: A possible fire hazard.
MR. LOPEZ: Okay.
CHAIRMAN KAUFMAN: That's the reason for it being two
set. So you can come into compliance by turning the electric off on
that part, and then when you get yourself squared away with the
county, if they agree with you, then they just will be able to close the
case out. If not --
MR. IANDIMARINO: Mr. Chairman, if I may, over here, Tom
Iandimarino, director of Code Enforcement.
Sir, the well is permitted, correct?
MR. LOPEZ: Yes, sir.
MR. IANDIMARINO: And did the well have electricity when
it was permitted?
MR. LOPEZ: No, there was nothing on the property.
MR. IANDIMARINO: So how did the -- how did the well
operate?
MR. LOPEZ: When it was drilled?
MR. IANDIMARINO: I mean, do you have a pump on the
well?
MR. LOPEZ: Yes, sir, now there's a pump on the well. FPL
hooked up that power to the meter on the property.
June 26, 2025
Page 69
MR. IANDIMARINO: Okay. Mr. Chairman, I'm suspecting
that the well pump itself is probably appropriate for what it is,
Mr. Letourneau, correct me if I'm wrong, and everything else beyond
that may be the issue that he added to it outside that scope?
MR. LETOURNEAU: I believe you're correct. Yeah, the well
was for livestock, I believe.
MR. LOPEZ: That's what it says, but I mainly have plants. I
don't have --
MR. LETOURNEAU: Okay. I mean, it doesn't matter. As
long as -- as long as it's permitted. I believe what Mr. Iandimarino
stated was most likely correct, yes.
MR. IANDIMARINO: So aside from the well pump,
Mr. Chairman.
CHAIRMAN KAUFMAN: Yes.
MR. IANDIMARINO: Thank you.
CHAIRMAN KAUFMAN: Okay. Do we understand that?
MR. LETOURNEAU: Yeah. So I think what he's saying is that
the electricity's got to be turned off to all the unpermitted items, and
you could leave the electricity, obviously, to the well pump since it is
permitted.
CHAIRMAN KAUFMAN: Okay.
MR. LOPEZ: Okay. How do you solve the rest of the stuff?
You've got to go through this -- you guys going to give me a paper or
something to --
CHAIRMAN KAUFMAN: You talk to Chuck out in the hall.
MR. LETOURNEAU: Yeah. I think you're on the right path.
You've just got to get Zoning and Building department approvals for
everything, whether that's pulling permits or -- I see you've got a
vegetation removal permit already in. Whatever they tell you you've
got to do, you've got to do.
Now, my suggestion would be try to get as much permitted
June 26, 2025
Page 70
through the agricultural -- the Farm Act that you can, because you
won't need building permits for that. Like I stated earlier, though, the
utilities are going to need permits no matter what you do at this point.
MR. LOPEZ: Got you.
MR. MARINOS: Thank you.
CHAIRMAN KAUFMAN: Okay. Thank you.
MR. LOPEZ: Is that all?
CHAIRMAN KAUFMAN: Yes.
Helen, what have we got next?
MS. BUCHILLON: Next case, we're still under hearings, No.
13, CESD20240010783, Orgeary Parsley.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. PULSE: I do.
MS. PARSLEY: I do.
MR. ST. JEAN: I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MS. PARSLEY: Orgeary Parsley.
CHAIRMAN KAUFMAN: Okay. Dee, who is with you?
MS. PULSE: This is Officer St. Jean with Contractor Licensing.
CHAIRMAN KAUFMAN: Okay. Welcome.
MR. ST. JEAN: Good morning.
CHAIRMAN KAUFMAN: Okay. Your case.
MS. PULSE: Okay. Good morning. For the record, Dee Pulse,
Collier County Code Enforcement.
This is in reference to Case No. CESD20240010783 dealing
with violation of Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i). Located at 3655 Boca Ciega Drive, Unit 109,
June 26, 2025
Page 71
Naples, Florida, 34112. Folio 53600360003.
Proof of service was received December 9th, 2024, by posting.
Contractor Licensing Case CECV20240010887 was investigated
by Officer St. Jean for this complaint. Officer St. Jean was advised
by the owner, Ms. Parsley, that she did some improvements in the
kitchen, bathrooms, and lanai.
MS. PARSLEY: I'd like to -- point of correction right there.
MR. LETOURNEAU: Ma'am -- right here. You'll have your
chance, yes.
MS. PULSE: Okay. Ms. Parsley denied access to show Officer
St. Jean what she had done. From common area, replacement
windows are visible on lanai. Ms. Parsley was advised that a permit
would be required for the work she has admitted to completing.
Currently there is no permit activity.
I would like to present case evidence in the following exhibits:
Two photos taken by Officer Williams December 31st, 2024; two
photos taken by me April 8th, 2025; the Property Appraiser aerial for
2025; zoning for the property; and two complainant photos provided
on November 7th, 2024, via email.
CHAIRMAN KAUFMAN: Has the respondent seen the
photos?
MS. PULSE: Yes, sir.
CHAIRMAN KAUFMAN: Do you have any objection to the
photos?
MS. PULSE: I objected to all except one.
CHAIRMAN KAUFMAN: The only thing you can object to, if
those photos were not taken in your property. Were these photos
taken at your property?
MS. PARSLEY: No, not at my apartment, not in front of my
apartment. When you say "the property," you mean the entire
condominium property?
June 26, 2025
Page 72
CHAIRMAN KAUFMAN: No, I'm talking about what is
alleged on this complaint.
MS. PARSLEY: Only one was taken by my door.
CHAIRMAN KAUFMAN: Jeff?
MR. LETOURNEAU: We've got a little unusual circumstance
here that we don't normally do; however, since we have the
Contractor Licensing investigator here who actually initiated this
whole thing from his case, he was sent pictures from the complainant
of the exterior and the demolition of what we are alleging happened
inside the unit, and he's willing to testify that, in fact, this is the
condominium place where those -- where the demo items were at. So
whether or not you accept them, you know, that's up to you, but we
feel that it strengthens our case as far as the interior of the property.
MR. NOELL: So I would advise the Board that they can go
through the photographs to look at them and then ask, I guess, the
Contractor Licensing investigator or the code enforcement
investigator if that accurately represents the area outside of the
address that's alleged in the violation notice.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: And then go from there on whether they're going
to -- whether you're going to accept it into evidence or not.
CHAIRMAN KAUFMAN: Okay.
mr. pus: Okay. So my --
MR. LETOURNEAU: Hold on. They haven't accepted it yet.
MR. NOELL: Right. So at this point, if you can bring up the
pictures that you want the Board to accept into evidence and then go
through the pictures and provide any testimony as to your knowledge
on whether that represents the outside of the condominium that's
alleged in the violation. Does that make sense?
MS. PULSE: Do you want me only to show the photos that she
objected to using?
June 26, 2025
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MR. NOELL: Yes.
MS. PULSE: Okay. All right. So here's Photo No. 1. This is in
a condominium. This is her unit.
MS. PARSLEY: No, I did not object to that. That's the one I
said was mine.
MR. NOELL: Okay. Okay. So you're in agreement that that
represents the outside of your condominium unit?
MS. PARSLEY: That's -- yes, that's my apartment door.
MS. PULSE: That's her door.
MR. NOELL: Okay.
CHAIRMAN KAUFMAN: So that's No. 1.
MS. PULSE: Okay. Here is No. 2 of the complainant photos.
MS. PARSLEY: Not my apartment.
CHAIRMAN KAUFMAN: Okay. My question is, who took
this photo?
MS. PULSE: The complainant who lives in the condominium --
MR. LETOURNEAU: Dee, if you could go back to that first
picture. The complainant -- you can't see the door, but it's right to the
right there, next to --
MS. PULSE: I have a better photo --
MR. LETOURNEAU: -- Ms. Parsley, so...
MS. PULSE: -- showing where the complainant's unit is, which
is right there.
CHAIRMAN KAUFMAN: Okay.
MS. PULSE: Okay. This is the third photo.
CHAIRMAN KAUFMAN: Go back one picture more. What's
that a picture of? A bicycle?
MS. PULSE: It's a bicycle area. Ms. Parsley advised it's a
bicycle area. Of course, there's some miscellaneous materials there.
CHAIRMAN KAUFMAN: Okay.
MS. PULSE: Officer St. Jean says it's Durock.
June 26, 2025
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MR. ST. JEAN: Durock that's used in, like, bathroom drywall.
MR. NOELL: Okay. Ma'am, your testimony is that
that's -- that's not outside of your condominium?
MS. PARSLEY: No.
MR. NOELL: Okay. And then, County, what --
MR. LETOURNEAU: We would strike that picture from the
record, then.
MR. NOELL: Okay. So you're not going to submit -- request
the Board accept that into evidence?
MR. LETOURNEAU: That picture in particular, we're not
going to -- yeah, we're not going to request that.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: We can go through to the next picture.
MS. PULSE: There's the next one.
MS. PARSLEY: That is not my apartment. That is out in the
guest parking lot.
MR. LETOURNEAU: Okay. But it is -- it is out in the
common area of that condominium?
MS. PARSLEY: It's in the parking lot.
MR. LETOURNEAU: Okay.
MR. NOELL: Okay. So that's No. 3.
MS. PULSE: Yes. She objects to that photo.
MR. NOELL: Okay. And then just for clarity, ma'am, that
picture represents the area in the parking lot of the condominium
development where you live?
MS. PARSLEY: Yes. That's where dumpsters pick up debris
and stuff like that.
MR. NOELL: Okay. And then the next picture?
MS. PULSE: Next one. This is -- Ms. Parsley advised this door
is into her laundry area, so she did not object to this photo.
MR. NOELL: Okay. Is that correct, ma'am?
June 26, 2025
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MS. PARSLEY: No, I did not object to that. That little short
stuff I use to prop the -- prop it open. You can see it's a very tiny
area to wash. And when I swing the door open. It falls over into the
walkway of my neighbor, and I want to be courteous, so I kind of use
it to prop the door open.
MR. LETOURNEAU: Is it still out there right now?
MS. PARSLEY: No, no. Another code enforcement asked me
to remove it and that he was going to close the case on it, and I did.
MR. LETOURNEAU: Thank you.
MR. NOELL: Okay. And then the next picture?
MS. PULSE: The next one, she objects to this photo.
MR. LETOURNEAU: Can you go up to the address right there?
But your objection is it's not your condo unit, but it's still in the
common area?
MS. PARSLEY: It's a parking lot, yes.
CHAIRMAN KAUFMAN: Are the parking lot spots assigned?
MS. PARSLEY: That's the guest parking lot. I have a deeded
parking space on the -- to the right of that area. But that is where
guests normally park. And when dumpsters come to pick up debris
from whatever it is, they leave it there. By the way, I am a board
member, and I have to call and approve those kind of stuff by that
area also.
I also need to mention that in Apartment 107 there was
renovation going on, because it's a newly bought apartment, which
we as the board eventually stopped because they didn't have a permit.
MR. NOELL: And what we'll do -- ma'am, you're going to get a
chance to explain your full story. What we're going to do right now
is --
MS. PARSLEY: Pictures.
MR. NOELL: -- just work through these pictures, okay?
MS. PARSLEY: Got it. So that's -- let me reiterate, but that's
June 26, 2025
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the parking lot as well.
MR. NOELL: Okay. Those items in that picture, do you
recognize those items?
MS. PARSLEY: No, I do not.
MR. NOELL: Okay.
MR. LETOURNEAU: So can I ask the -- Mr. St. Jean some
questions, Kevin, or no?
CHAIRMAN KAUFMAN: Yes.
MR. NOELL: We -- yes.
MR. LETOURNEAU: Regarding these pictures, yes.
MR. NOELL: As to this question -- or this picture.
MR. LETOURNEAU: Yeah, I want to talk to Greg here real
quick, Dee.
Greg, when did you receive these pictures?
MR. ST. JEAN: These photographs were received via email
from the complainant, Marek Walas, on November 5th, 2024.
MR. LETOURNEAU: So -- and that -- this was part of his
complaint, and you opened a Contractor Licensing case at that point?
MR. ST. JEAN: Yes, sir.
MR. LETOURNEAU: Okay. Do you recognize these areas
where the debris was?
MR. ST. JEAN: Yes, sir. It's at the entrance to the corridor that
leads right up to Mrs. Parsley's unit door. If you're walking towards
her door, which would be right in front of you facing you, it's just
prior to that corridor on the left. Across from where this is stored are
guest parking lots at the end of the corridor.
MR. LETOURNEAU: So you can't confirm when these
pictures were taken, though, correct?
MR. ST. JEAN: No, sir.
MR. LETOURNEAU: So -- and Ms. Parsley's already testified
that this is an area where people would bring stuff for removal for the
June 26, 2025
Page 77
Waste Management, correct, Ms. Parsley?
MS. PARSLEY: Yes. Yes, sir.
MR. LETOURNEAU: Okay. So at this point the county's
contention is that the complainant made the complaint, knew what
the debris was and what unit it was from, sent pictures to Mr. St.
Jean, and that the -- whoever was doing the renovations in the interior
brought these out there to be picked up by the -- by the garbage
disposal.
MR. ST. JEAN: Yes, sir.
MR. NOELL: Okay. We -- for matter of accepting it into
evidence -- because the county's still putting on their hearing, and
they're asking the Board to accept these pictures into evidence, she's
objected -- the respondent's objected to those as not all of them
reflecting her. So we need to go through the pictures to do the
exercise of determining whether you're going to agree --
CHAIRMAN KAUFMAN: Accept them.
MR. NOELL: -- with her objection or not agree with her
objection.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: Can we go to the next picture?
MS. PULSE: Those are all the pictures that Ms. Parsley
did -- objected to.
MR. NOELL: Okay.
MS. PULSE: She did not object to my photos that I'm going to
admit.
MR. NOELL: Okay. So at this juncture, ma'am, is that correct?
MS. PARSLEY: Yes.
MR. NOELL: Okay. So the Board has to make the decision on
the objections that she raised just as to those, I believe, three pictures.
MS. PARSLEY: Yes, sir.
MR. NOELL: Whether you're going to accept all the pictures or
June 26, 2025
Page 78
just the ones that are agreed to at this juncture.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: The objection to these pictures
are acceptable because it's not really proof of anything, as far as I'm
concerned.
MR. NOELL: Okay. Then you would do that in the form the
motion, and then it would be -- you would make a motion -- just to
advise on the process, you would make a --
BOARD MEMBER AYASUN: You're only talking about the
three pictures we just saw?
MR. NOELL: Yes, sir. So you'd make a motion to --
BOARD MEMBER AYASUN: I make a motion that I accept
her objection.
MR. NOELL: As to those three pictures.
BOARD MEMBER AYASUN: Only these three pictures.
MR. NOELL: And then that would open up for discussion, and
then you could vote on the motion.
BOARD MEMBER AYASUN: Right. Open for discussion.
BOARD MEMBER ELROD: I'll second your motion.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Any questions?
CHAIRMAN KAUFMAN: Okay. All those in favor, motion?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. So --
BOARD MEMBER RUBENSTEIN: I have a question.
June 26, 2025
Page 79
CHAIRMAN KAUFMAN: We have -- go ahead.
BOARD MEMBER RUBENSTEIN: Do you -- can you go back
to that last picture? Do you recognize that material as coming out of
your apartment?
MS. PARSLEY: No. No.
BOARD MEMBER RUBENSTEIN: That's not part of your
remodel?
MS. PARSLEY: No. Actually, it came out of 107, because,
like I say, I am on the board of directors of that condominium, and
we had to stop that owner from proceeding with renovations in his
apartment. And I can -- when I get a chance to present my case, I
will tell you why this neighbor reported me. It's because I'm on the
board, and I had to get his commercial vehicles off our property.
MR. NOELL: And we'll get to -- thank you, ma'am, and we will
get to that point.
Are there other -- is there other evidence, other pictures or other
evidence that the county wishes the Board to consider in accepting
into evidence?
MS. PULSE: Okay. So my Photo No. 1 here was taken by
myself April 8th. That's basically a photo of the condominium
community.
MR. NOELL: Okay. Ma'am, you have no objection to that
photograph?
MS. PARSLEY: No objection, sir.
MR. NOELL: Okay.
MS. PULSE: This is a photo taken by myself April 8th, 2025,
of the lanai area and their -- from a common area that I could witness
it from.
MR. NOELL: Okay. Ma'am, no objection to that?
MS. PARSLEY: No objection.
MR. LETOURNEAU: Could we go back to that picture real
June 26, 2025
Page 80
quick, Dee?
In your opinion, or both your opinions, are those any new
windows or doors or anything or --
MS. PULSE: So I do have another photo that I'll come to that
has evidence showing a new window.
MR. LETOURNEAU: Okay.
MR. NOELL: And I -- this is just a matter of procedure right
now. So it's not a matter -- you will -- the county will have a full
chance to present your case before the Board. This is just a matter of
the Board deciding whether they're going to accept your evidence or
not at this point. So that's all that it's focused on procedurally. You'll
get the full chance to put on your case, respectfully.
So there's no objection to that, correct, that picture?
MS. PARSLEY: No, no.
MR. NOELL: Okay. The next picture?
MS. PULSE: This is a photo taken by Officer Williams. This is
Ms. Parsley's entry door. To the right is her laundry door, and to the
left is Unit 108 where the complainant lives.
MR. NOELL: Okay. Ma'am, any objection to that picture?
MS. PARSLEY: No objection, sir.
MR. NOELL: Okay.
MS. PULSE: This is Officer Williams' photo taken
December 31st, 2024, and when we zoom in, we can see that there is
evidence of new windows installed.
MR. NOELL: Okay. Ma'am, any objection to that picture?
MS. PARSLEY: None at all, no.
MS. PULSE: This is the zoning for the property.
MR. NOELL: Ma'am, any objection to that?
MS. PARSLEY: No, sir.
MR. NOELL: Okay.
MS. PULSE: And this is an aerial of the community.
June 26, 2025
Page 81
MR. NOELL: And any objection to that, ma'am?
MS. PARSLEY: No, sir.
MR. NOELL: Okay. Is that the extent of the evidence? And
again -- or that the county wishes the Board to consider accepting
before you go to your hearing on it?
MS. PULSE: Yes, sir.
MR. NOELL: Okay. So at this point the Board would do the
normal procedure of making a vote on the remaining evidence packet
to be either accepted into evidence or rejected.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Make a motion to accept the
photos.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: On the photos that were not
objected to?
BOARD MEMBER AYASUN: Correct.
CHAIRMAN KAUFMAN: That's the motion, okay. All those
in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. LETOURNEAU: So I'd like to ask Greg a couple
questions at this point.
CHAIRMAN KAUFMAN: Be my guest.
MR. LETOURNEAU: Greg, when you first got on site, did you
June 26, 2025
Page 82
speak to anybody?
MR. ST. JEAN: No, sir. I only received the complaint from the
complainant, and then it was forwarded to Assistant Director Crotts,
and he forwarded it to me. I made no contact while I was actually on
site.
MR. LETOURNEAU: Okay. After you're on site, did you
speak to anybody?
MR. ST. JEAN: Yes, sir. I spoke with Mrs. Parsley on
November -- November 12th -- November 12th, 2024, on the -- via
phone.
MR. LETOURNEAU: Okay. And anybody else at that point?
MR. ST. JEAN: No, sir. Oh, yes. After I spoke with
Mrs. Parsley and she disconnected the call, she told me she was going
to reach out to her attorney, and her attorney did call me about an
hour later.
MR. LETOURNEAU: Could you elaborate a little bit on the
phone calls and what was discussed, please?
MR. ST. JEAN: Sure. I introduced myself and the complaint to
Mrs. Parsley. I told her that we received a complaint regarding some
unpermitted interior renovations. Ms. Parsley stated that she
was -- she was -- she was in the process of upgrading her lanai and
painting the interior.
I told Ms. Parsley that we had pictures from the complainant
with construction debris, plumbing, and bathroom fixtures, new
drywall, and Durock.
I also advised her that I had pictures of the kitchen cabinets that
she had removed.
Mrs. Parsley told me that she also -- Ms. Parsley told me that
she replaced the kitchen. I asked her for the name of the contractor
that did the work, and she told me that all of her family members
assisted her with the work. I told her that remodeling the kitchen in a
June 26, 2025
Page 83
condo requires a permit, and she told me that I was wrong and that
she would speak to her attorney.
I did ask her for permission to come in, she could show me the
work, and she disconnected the call.
At that point, I posted a stop work order based off of my photos,
my permit determination, and what Mrs. Parsley told me. About an
hour later, I received a call from Attorney Doug Rankin that started
off a little bit abrasive. Mr. Rankin told me that I was trying to catch
his client in a fraud because I had the wrong exchange on my phone
number. I didn't have my office phone. I had my cell phone.
And then I explained what had happened to Mr. Rankin. I asked
Mr. Rankin if he could speak with his client, allow me entrance, take
some pictures. I would get a determination made. He told me I was
not entering the property without a search warrant, and at that time all
contact was ceased.
MR. LETOURNEAU: Did he at any time mention any work
done in the --
MR. ST. JEAN: Yes. I'm sorry, he did. I just want to make
sure that I get it correct.
All right. Mr. Rankin told me that she did do some upgrades to
her condominium, but Mr. Rankin said that he wasn't aware of the
full scope of work. That's when I asked if he would allow me to see
the work and obtain a permit determination, and he told me not
without a search warrant. At that point I told Mr. Rankin that I would
be posting a stop work order for the property and forwarding the case
to Code Enforcement.
Mr. Rankin then asked me to give him a day or two to speak
with his client, and he would not -- and he would get back to me. I
never received any more contact after that.
MR. LETOURNEAU: Thank you, sir.
So the reason we were bringing the interior part of this case to
June 26, 2025
Page 84
you is due to his testimony that the property owner and her attorney
admitted to some work being done in there.
MR. NOELL: And what we'll do is the county -- just for
procedure so that we keep it clean, the county's going to have a
moment at the end where they're going to be able to argue their case
to you.
At this point, ma'am --
MS. PARSLEY: Yes, sir.
MR. NOELL: -- do you have any questions of that witness?
MS. PARSLEY: Yes, I do.
MR. NOELL: Okay. Please direct any questions to the
gentleman that just testified.
MS. PARSLEY: So, Mr. St. Jean, when you called me on the
phone 8 o'clock one morning when I had, you know, people with
emergency waiting on me, I explained that to you, and I told you that
there was an issue with the neighbor and that could have been some
reasons why he was doing what he did.
I told you I did renovate my lanai, and that was it.
I then called my lawyer because what you insisted on was to let
you into the apartment, and if I let you into the apartment to take your
own pictures, you would make it easy for me, and if I don't, you are
going to make it difficult for me. So with that, I took that as a threat,
and I had to call my lawyer who then got back to you.
MR. NOELL: Ma'am, do you have any questions of that
witness?
MS. PARSLEY: My question is, is this how you deal
with -- with decent property owners? Do you always threaten them?
MR. ST. JEAN: I do not believe I threatened you. I asked you
to allow me into the property to take photos. You told me no. I had
moved on. I did advise you that I was going to post a stop work
order. I don't think that I threatened you at all, ma'am.
June 26, 2025
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MS. PARSLEY: Okay.
MR. ST. JEAN: I did my job.
MR. NOELL: Ma'am, do you have any other questions of that
witness?
MS. PARSLEY: No, sir.
MR. NOELL: And again, you'll get a chance to tell the Board
your testimony.
Does the county have any other witnesses or any other testimony
that they want to provide to the Board?
MS. PULSE: No.
MR. LETOURNEAU: Not at this time.
CHAIRMAN KAUFMAN: Do you have any questions of the
county, not Mr. St. James, but Dee Pulse?
MS. PARSLEY: No.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: Okay. Ma'am, now it's your turn. If you want to
provide the Board whatever testimony or evidence that you want to
share with the Board.
MS. PARSLEY: Yes. So I did do my lanai because I wanted
to, you know, come home and enjoy a glass of wine from all the
complaints that I get all day. And I have here a before picture of my
lanai. Here.
And I -- that debris that I admitted to in the hallway was from
that area, because I couldn't put it on the grass outside of that area.
So we came through the apartment and put it in front of my
apartment.
I'd like to say that this all started because I am on the -- I'm the
vice president of the board of directors of that condominium. And I
got several complaints from other residents that my 108 neighbor was
parking his commercial vehicle on the property. I tried speaking to
him to please remove it. He said he's a general contractor and that if
June 26, 2025
Page 86
I continue to harass him, he was going to get me in trouble for what I
was doing on the lanai.
I honestly didn't know, and being on the board, I should have
been told. I was a new member to the board of directors there. I
really thought I only needed permission from the board, which was
granted to me.
And so this guy said, "I'm going to get you into trouble if you
force me to move my GC van off the property."
I said, "Well, it's not my rules. This is what you have to do."
So when he realized that's what he had to do, he started running
around the entire property, taking pictures of debris wherever he
could find it, to ascribe it to my apartment, including debris from 107
where that apartment was starting a renovation as well.
I didn't panic. I saw Mr. St. Jean on my camera -- outside
camera, quite a few times, come to my door. I was wondering who
he was. He just walked up to my door, looked, and turned around
and walked away. I kept some of those videos, by the way. And then
I started getting notification. I called. I went. And I knew that I had
to have it resolved.
So, yes, I am guilty of renovating the lanai without county
approval.
MR. NOELL: Ma'am, do you have any -- does that conclude
your testimony?
MS. PARSLEY: As far as I'm concerned, yes, sir.
MR. NOELL: Okay. County, do you have any questions of the
respondent?
MR. LETOURNEAU: I just have one or two.
Ms. Parsley, during your conversation with Investigator St. Jean,
do you recall mentioning any kitchen cabinets, any kind of kitchen
improvements?
MS. PARSLEY: No. There were kitchen cabinets ripped out of
June 26, 2025
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107. I do have pictures of my kitchen, by the way, and kitchen
cabinets here. There were no cabinetry in the photograph, as you
could see. I told him that, yes, I did paint. I said, "I painted the
kitchen," and I did painting. It was a neighbor, actually, who painted
for me, and I gave him a few bucks.
MR. LETOURNEAU: Do you want to submit those pictures
into evidence?
MS. PARSLEY: Yes, sir.
MR. LETOURNEAU: Can I take a look at them first so I can
see if I want to object or not?
And it's your testimony that no work was done in the kitchen
other than painting?
MS. PARSLEY: Other than painting, no.
MR. LETOURNEAU: We have no objection to these pictures.
I would like to ask, what is the extent of the lanai work?
BOARD MEMBER AYASUN: For the windows?
MS. PARSLEY: Yeah. So can I show you --
MR. LETOURNEAU: No. She's going to put them up to the
screen right here, and you can talk about them when we put them up
there.
MS. PARSLEY: Right. So I couldn't enjoy my lanai since I
bought the apartment because there were screens, screen openings.
So when it rained or anything like that, the water would just rush
through and flood the flooring of the lanai.
So I asked the board, "Well, you know, how can I resolve this?"
They say, "Well, just get -- put in paperwork with us, and
get" -- yes, as you can see, just screens there. All right. So water
would come in. I could not enjoy it. And the screen's also kind of
also lifted up and flapped.
So I got board approval to -- they said, "Only go to Home
Depot. Home Depot knows what we approve," certified storm
June 26, 2025
Page 88
windows, which I did, and had them put in.
And the flooring of the lanai had a wood laminate on top that
was swollen from all of the water. So I replaced the wood laminate
with some brick tiles.
MR. NOELL: Okay. Ma'am, you said that you wanted your
pictures entered into evidence. Can you -- and the county had no
objection. Can you walk us through -- walk the Board through what
those pictures depict?
MS. PARSLEY: Yes. That's a picture of the old lanai.
MR. NOELL: Okay.
CHAIRMAN KAUFMAN: Do we have to have a motion from
the Board to accept these photos?
MR. NOELL: You can. You can either do that now, or you can
do that after she explains what the pictures are.
CHAIRMAN KAUFMAN: Okay.
MS. PARSLEY: That's a picture of the kitchen. There are two.
You can see there are no walls, totally open space. There are two
pictures from the kitchen.
MR. NOELL: Okay. And the next picture?
MS. PARSLEY: Yes. There goes the kitchen again, the second
picture.
MR. NOELL: Okay. And then the next picture.
MS. PARSLEY: Okay. That's a very tiny bathroom, two of
them. That's Bathroom No. 1.
MR. NOELL: Okay. The next picture.
MS. PARSLEY: So that's a shower in between Bathroom No. 1
and Bathroom No. 2. Behind me, when I took the picture, is a wall.
It's a very tiny, narrow area. So it's in between Bathroom No. 1 and
Bathroom No. 2.
MR. NOELL: Okay. Any other pictures?
MS. PARSLEY: I think the second bathroom I took also. Yes,
June 26, 2025
Page 89
exactly.
MR. NOELL: Okay. Any other pictures?
MS. BUCHILLON: (Witness shakes head.)
MR. NOELL: Okay. Ma'am, do you have any other testimony?
MS. PARSLEY: Yes. So since I've been apprised of this
hearing, of course I panicked, and I sought out a general contractor
who -- to do a permit after the fact. So I retained him, and he's now
working on submitting the paperwork for me, and I have a copy of
the contract here.
BOARD MEMBER AYASUN: Is this for the lanai?
MS. PARSLEY: Yes. Yes, sir.
MR. NOELL: Okay. Do you want that entered into evidence?
MS. PARSLEY: Yes, sir, I would.
MR. NOELL: Okay. And you understand you won't receive
these items back?
MS. PARSLEY: Yes, I do. I understand.
MR. NOELL: Okay. Do you want to show those to the county?
Does the county have any objection?
MR. LETOURNEAU: No objection.
MR. NOELL: Okay. And then if we can show the Board that as
similar to how we showed the Board the pictures, please. And the
Board can make the appropriate motion at this time to accept that or
reject that into evidence.
BOARD MEMBER AYASUN: Okay. I make a motion to
accept the photographs as shown.
BOARD MEMBER ELROD: Second.
BOARD MEMBER AYASUN: There's a second.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
June 26, 2025
Page 90
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
So we've accepted all of your photos and documents into
evidence.
MS. PARSLEY: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: Anything with this that you wanted to talk to the
Board about or provide testimony to, or is your testimony done?
MS. PARSLEY: My testimony is finished.
MR. NOELL: Okay. Does the county have any other questions
of this -- of the respondent?
MR. ST. JEAN: I do have one question, if that's okay.
MR. NOELL: Yes.
MR. ST. JEAN: Mrs. Parsley, did you use any Durock or
drywall in the remodeling of your lanai?
MS. PARSLEY: No, I did not.
MR. ST. JEAN: So the -- so do you know what the drywall and
Durock was outside your apartment for?
MS. PARSLEY: I thought I needed it.
MR. ST. JEAN: Okay.
MS. PARSLEY: When the workmen got there, they said,
"These are brick walls here. You know, you don't need it."
MR. ST. JEAN: Okay. So that's new drywall?
MS. PARSLEY: Can you put up the picture so I could see?
MR. LETOURNEAU: Hold on. They have to accept this
picture. Do you have any objections, ma'am?
MS. PARSLEY: It was a rejected picture anyway.
MR. ST. JEAN: This was not the rejected picture. This was the
one that she --
June 26, 2025
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MS. PARSLEY: I can't --
MR. LETOURNEAU: Oh, they already approved it?
MR. ST. JEAN: Yes.
MR. LETOURNEAU: Okay. I'm sorry.
MR. ST. JEAN: The debris that's leaning up against the wall,
the drywall, and then right in front of it there's a little piece of
Durock.
MS. PARSLEY: What do you mean "Durock"?
BOARD MEMBER AYASUN: Is the -- Durock is the drywall
that would have been used in areas that would get wet, such as a
bathroom and backsplash.
MS. PARSLEY: So all of that entry was stored on the lanai,
like I said, and rain and everything came in. Even stuff that I bought
was wet and soggy and all of that from the storage on the lanai.
MR. ST. JEAN: Okay.
MR. NOELL: Does the county have any other questions?
MR. LETOURNEAU: No.
MS. PULSE: No.
MR. NOELL: Okay. Ma'am, do you have any other testimony
to provide, any other witnesses?
MS. PARSLEY: No, but can I sum up?
MR. NOELL: Okay. You will be able to.
County, this would be your opportunity to sum up your
argument to the Board.
CHAIRMAN KAUFMAN: Can I ask some questions, first?
MR. NOELL: And yes, absolutely. And I apologize. The
Board can ask any question of any witness at any time.
CHAIRMAN KAUFMAN: So the new windows that were put
in --
MS. PARSLEY: Yes, sir.
CHAIRMAN KAUFMAN: -- those were put in by you or by a
June 26, 2025
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contractor?
MS. PARSLEY: It was actually put in by a contractor,
and -- because I had to submit that to the Board for approval;
however, when all of this came up and I was trying to find the
contractor, he's nowhere to be found.
CHAIRMAN KAUFMAN: Okay. So he didn't pull a permit to
put the windows in, but he put the windows in.
MS. PARSLEY: I just realized that. Like I said, I'm only a
four-year resident here. I was not apprised of all the building rules
and building laws. I didn't even know our building was a commercial
building. I had no idea.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: And you purchased the place in,
and it was already renovated inside? From -- it was built in '74. So
before you bought it, had it been renovated?
MS. PARSLEY: I don't know. I bought it as-is.
MR. LETOURNEAU: Just a follow-up question on the
contractor. Do you have the name of that contractor that did the lanai
renovation?
MS. PARSLEY: He was submitted with the new paperwork. I
wouldn't have it here with me.
MR. LETOURNEAU: Oh, it's the same contractor that's going
to be filling out the permit and getting it taken care of?
MS. PARSLEY: This one?
MR. LETOURNEAU: Yes.
MS. PARSLEY: No, this one's a new one.
MR. LETOURNEAU: Okay. All right.
MS. PARSLEY: Yeah. This one --
MR. LETOURNEAU: Oh, so the contractor -- are you blaming
the contractor for not pulling the correct permit or --
MS. PARSLEY: No, no. I didn't -- I hired him. He did the
June 26, 2025
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work. I thought everything was okay. And I'm really naive with all
of the, you know, coding here and stuff like that and I really did not
know. I had no idea.
MR. LETOURNEAU: Well, the reason I'm asking this at this
point, just for the lanai --
MS. PARSLEY: Yes.
MR. LETOURNEAU: -- is that if you did have an unlicensed
contractor or a licensed contractor that did the work and didn't pull
the permit, the county could possibly go after them for getting [sic]
the permit because they -- if you had a contract with them, they were
supposed to pull the permit.
MS. PARSLEY: He submitted a certificate with the board of
directors.
MR. LETOURNEAU: Yeah. But that doesn't mean that he
jumped through the hoops for the county, though. He didn't obtain a
permit through the county. I get that he got the director approval, but
you still need to get a building permit if you're going to --
MS. PARSLEY: I didn't know that, sir.
MR. LETOURNEAU: Okay. But I'm just -- what I'm trying to
do is I'm trying to help you a little bit here. If they do find a violation
on the lanai -- I'm just giving an example --
MS. PARSLEY: Yes.
MR. LETOURNEAU: -- we could possibly go after a
contractor that did the work if you want to give that name up.
MS. PARSLEY: Okay.
MR. LETOURNEAU: Okay.
MS. PARSLEY: Okay. No problem.
MR. LETOURNEAU: All right.
BOARD MEMBER AYASUN: If there was a certificate, don't
you think the guy's name is on it? She said that --
MR. LETOURNEAU: Right. I mean -- but it's up to her to
June 26, 2025
Page 94
make the complaint about the contractor if she so -- you know, if she
wants to do that, okay?
MS. PARSLEY: Okay.
BOARD MEMBER ELROD: I have a question for the county.
Were there prior permits before her purchase on that unit getting
updated?
MR. IANDIMARINO: There is one. I have two permits on file
for that unit; one for a new A/C like for like air-conditioner and one
for a new kitchen sink.
BOARD MEMBER AYASUN: Dates?
MR. IANDIMARINO: Prior to her purchase. Subsequently, it
looks like August of '20, and I think you may have purchased in
September, ma'am, of '20.
MS. PARSLEY: Yes, yes.
MS. PULSE: I'm not sure if this is beneficial, but there are
photos of the unit, like, from realtor.com. I don't have a date when
they were entered online on realtor.com, but they do show the kitchen
looks the same.
BOARD MEMBER AYASUN: Yeah. That was going to be
my question, if there's a before kitchen picture and after.
BOARD MEMBER ELROD: When it was on the market, yes.
BOARD MEMBER AYASUN: All we have is after. So if
you're saying it was the same, nothing was changed.
MS. PULSE: I have no evidence when the photos were taken --
BOARD MEMBER AYASUN: Right.
MS. PULSE: -- of the unit, but I did observe them.
CHAIRMAN KAUFMAN: Okay. I'll give you my quickie
summary, if I can.
MR. NOELL: If we can do this first: If there -- does the Board
have any other questions of any witnesses? Because this -- and I
know this is more formal just because it has to be. But we'll give the
June 26, 2025
Page 95
county the time to give their argument, their closing argument, to
speak to you.
Is there any more questions at this time that board members
have for any witnesses?
BOARD MEMBER RUBENSTEIN: I have one question. Is
this unit in compliance at this time?
MS. PULSE: No. Permit is required.
BOARD MEMBER RUBENSTEIN: The permit.
MS. PULSE: Building permit's required.
BOARD MEMBER RUBENSTEIN: Not the work.
BOARD MEMBER AYASUN: For the lanai?
BOARD MEMBER RUBENSTEIN: Hold on.
MS. PULSE: For the work? For the work --
BOARD MEMBER RUBENSTEIN: The work that's been
completed, was there permits pulled for that? According to this, no.
MS. PULSE: No, sir.
BOARD MEMBER RUBENSTEIN: All right. So that's what
we're dealing with.
BOARD MEMBER AYASUN: Yeah. But we're only dealing
with the lanai. She already accepted the fact that she did it without
the permit, and she's going to apply, right? Is that correct?
BOARD MEMBER RUBENSTEIN: No.
BOARD MEMBER AYASUN: We're not talking about what's
inside the house.
BOARD MEMBER RUBENSTEIN: Yeah, we are.
BOARD MEMBER AYASUN: No, we're not.
BOARD MEMBER RUBENSTEIN: Read it.
BOARD MEMBER AYASUN: No, no. What I'm saying is --
MS. PULSE: There were --
BOARD MEMBER AYASUN: There was no proof.
MS. PULSE: -- admitted -- Officer St. Jean -- the owner
June 26, 2025
Page 96
admitted that she did work, but we have no --
BOARD MEMBER AYASUN: Paint is all I heard, right --
MS. PULSE: -- view of the work.
BOARD MEMBER AYASUN: -- paint.
MS. PULSE: Pardon?
BOARD MEMBER AYASUN: She --
MS. PULSE: And she has testified that she was doing painting.
BOARD MEMBER AYASUN: Correct. But she didn't accept
anything about cabinets or walls, just paint inside, correct? You
didn't go inside. You didn't see it.
MR. IANDIMARINO: Mr. Chairman, that would be for the
Board to decide.
MR. NOELL: If there's a question and -- if there's a question of
the board members for clarification with the county on what the
conversation was with the respondent --
BOARD MEMBER AYASUN: Right.
MR. NOELL: -- or what work they believe was done and why
they believe that work was done, now would be the appropriate time
to ask the county that.
MR. LETOURNEAU: I have a question for Kevin --
MR. NOELL: Hold on one -- hold on one second.
Does the Board wish to ask the county any questions about the
scope of work that was performed or why they believe that scope of
work was performed?
BOARD MEMBER AYASUN: Okay. Question from here, this
gentleman, was, "Is it in compliance?" The answer was no. In
compliance of what? Just the lanai. I'm focusing on that because it's
very important.
MS. PULSE: So yes, the lanai we have evidence, in this photo
showing on the screen, new windows were installed. There's not
been a permit for that.
June 26, 2025
Page 97
BOARD MEMBER AYASUN: There is no argument about
that. We agree that it was done without a permit, and she agrees it
was done without a permit.
MS. PULSE: Correct.
BOARD MEMBER AYASUN: Correct.
MS. PULSE: Correct.
CHAIRMAN KAUFMAN: Okay. Do you want to close the --
MR. LETOURNEAU: I've just got a question for Kevin.
So there's many -- there's a few facets to our case. The Board
could rule on any one of those facets and say that we've proven the
case on that but haven't proven the case on the other parts of the --
MR. NOELL: Yep. When we get to the point of closing the
hearing, the Board's going to be able to vote on what is alleged to
have been violated and what was the evidence presented.
So at this point, is there any other questions for any of the
witnesses as to the evidence, either the county or their witness or the
respondent?
BOARD MEMBER ELROD: You said online 2020 that the
kitchen matches its existing kitchen?
MS. PULSE: The photos that I see on realtor.com are
comparable to what she just showed on the screen.
MR. LETOURNEAU: I agree with that.
MR. NOELL: Okay. Any other questions?
CHAIRMAN KAUFMAN: I'd like to -- just to see if I can tie
things together. Number one, the respondent has admitted that
violation does exist there, really. Number two, she also said she's
hired a contractor to resolve all those issues. So it looks like the
contractor will pull all the necessary permits, and this whole thing
goes away.
But as far as the write-up on this shows, not only the lanai but
other aspects as well, any one of which would mean that a violation
June 26, 2025
Page 98
does exist.
MR. NOELL: And that is what the Board's going to be asked to
weigh at the end of this. What the county's alleged is that the
property owner did remodeling to the kitchen, bathroom, and lanai
without a permit. What this board will, at the end of the hearing,
wrestle with is do they agree that the county has met that burden,
which is a preponderance of the evidence, meaning more likely than
not there was sufficient evidence to show that all three areas, or is it
only one area, two areas, or zero areas.
So at this point there's -- the hearing's still open, so if there's any
more questions of these witnesses, that's -- that would be the time to
ask them now.
CHAIRMAN KAUFMAN: All right. Let me just finish
what -- the track I was going down.
MR. NOELL: I apologize.
CHAIRMAN KAUFMAN: Any one of the items would
constitute a violation existed. When you come -- and if we find that a
violation did exist and we go to the second stage of what do you do
about it, well, respondent has already gone ahead with what to be
done, and based on the time frame that we would give, this whole
thing would probably go away anyhow. So making a big to-do right
now is kind of a waste of time.
MR. NOELL: Just for the sake of addressing, and kind of
hypothetically, if the Board just found that the lanai was in violation
because of the windows, then they would -- the Board would make a
finding that no kitchen remodel and no bathroom remodel was done,
so then that would not be a part of the order, you know, as far as
finding a violation, and it would just pertain to the lanai, if that's
clear.
BOARD MEMBER AYASUN: Yeah.
MR. NOELL: Okay. Any other questions, then, of any other
June 26, 2025
Page 99
witnesses? And if not, then at this time the county, if they want to do
their kind of closing argument, and then the respondent can provide
her summary.
County?
MS. PULSE: Okay. So do you want to know our
recommendation?
CHAIRMAN KAUFMAN: We haven't found a violation exists.
MR. LETOURNEAU: The county has no further comment.
MS. PULSE: No further comments.
MR. LETOURNEAU: Yeah.
MR. NOELL: Okay.
CHAIRMAN KAUFMAN: So now it's up to the Board.
BOARD MEMBER ELROD: I'd like to make a motion --
MR. NOELL: I'm sorry. Hold on one second. And legally this
is important because of due process. And I won't bore the Board with
that, but I'm asking the Board to show -- to accept that I know what
I'm talking about.
Ma'am, do you have any -- your closing argument now would be
the time to say that to the Board.
MS. PARSLEY: Yes. I want to apologize for jumping ahead
and getting something done without the proper protocol, but I also
want to say that I think I was put over the frying pan because of my
status on our board of directors, and it was more malicious intention
than anything else.
So I'd like to apologize. I want to be given a chance to make it
right. And this won't happen to me again here, so...
MR. NOELL: Okay. Thank you. And then we would close the
hearing and then proceed to doing votes on --
CHAIRMAN KAUFMAN: Okay. The hearing's closed, okay?
BOARD MEMBER ELROD: I'll make a motion that a violation
exists on the lanai.
June 26, 2025
Page 100
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
(No response.)
CHAIRMAN KAUFMAN: Okay. So now, Dee, you have a
suggestion?
MS. PULSE: Yes, sir.
Recommend that the Code Enforcement Board orders the
respondent to pay all operational costs in the amount of $59.28
incurred in the prosecution of this case within 30 days and abate all
violations by obtaining all required Collier County building permits
or demolition permit, inspections, and certificate of
completion/occupancy for the improvements -- well, I've added the
kitchen and bathrooms and lanai, so we'll have to take those
out -- within so many days of this hearing, or a fine of zero
dollars -- blank dollars per day will be imposed until the violation is
abated.
The respondent must notify 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.
BOARD MEMBER AYASUN: So you did take out the --
June 26, 2025
Page 101
CHAIRMAN KAUFMAN: Yes.
BOARD MEMBER AYASUN: So this is only the lanai? Fine.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Say 90 days, and if it's not
complied with, it's $150 a day.
CHAIRMAN KAUFMAN: Okay. And $59.28 --
BOARD MEMBER AYASUN: Assessed.
CHAIRMAN KAUFMAN: -- to be paid in 30 days.
And I want to make another comment. I believe you learned a
lot in this case.
MS. PARSLEY: Yes.
CHAIRMAN KAUFMAN: And you learned that when you
have stuff going on in a condo, you need to have a licensed
contractor --
MS. PARSLEY: Yes.
CHAIRMAN KAUFMAN: -- A. B, you went out of your way
to resolve all the issues going forward. And I believe that that's
going to be the end of it. Once they finish the permit on the lanai
stuff, this all goes away.
MS. PARSLEY: Thank you, sir.
CHAIRMAN KAUFMAN: So I think that if we have all
respondents that do what you did, we'd have nothing to do up here,
which wouldn't hurt.
Okay. So thank you very much.
Let me vote on it. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
June 26, 2025
Page 102
CHAIRMAN KAUFMAN: It carries unanimously.
Good luck to you.
MR. NOELL: Robert seconded.
MS. PARSLEY: Thank you for the opportunity, by the way.
BOARD MEMBER ELROD: If for some reason in 90 days you
don't have it CO'ed, come back before us to get more time.
MS. PARSLEY: If it's not finished by?
BOARD MEMBER AYASUN: Ninety days.
BOARD MEMBER ELROD: By 90 days, come back and ask
for more time.
MS. PARSLEY: Oh, it's 90 days?
BOARD MEMBER ELROD: Yes.
MS. PARSLEY: Okay, no problem. Ninety days. Thank you.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Jeff?
MR. LETOURNEAU: Yes, sir.
BOARD MEMBER AYASUN: If I may say, maybe -- this is
finished, so I'm not arguing this case.
MR. LETOURNEAU: Right, right.
BOARD MEMBER AYASUN: I was chair of the Marco Code
Enforcement Board for many years, and we have seen many of these
cases. When you say, "Property owner admitted to remodeling the
kitchen, bathrooms, and lanai," the word "remodeling" could be just
painting in their minds. We have seen this over and over.
MR. LETOURNEAU: Yeah, yeah.
BOARD MEMBER AYASUN: And there is no proof here that
there was anything done because of the photographs.
MR. LETOURNEAU: I'm going to come hat in hand. I'm
going to say that I learned my lesson on this one, yeah.
MR. NOELL: We can -- yeah, move on. Yeah, move on to the
next one.
June 26, 2025
Page 103
BOARD MEMBER AYASUN: Well, it was one of the best
cases we ever had, let me put it that way.
BOARD MEMBER ELROD: Okay.
MS. BUCHILLON: Next.
CHAIRMAN KAUFMAN: Okay. What's next?
MS. BUCHILLON: Under old business, motion for imposition
of fines and liens, No. 1, CESD20230003117, Ahmad Dahish
Ahmad.
MR. AHMAD: Good afternoon.
CHAIRMAN KAUFMAN: Good afternoon. Two minutes ago
you could have said, "Good morning."
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. KITTS: I do.
MR. AHMAD: I do.
THE COURT REPORTER: Are you Ahmad?
MR. AHMAD: Yeah.
CHAIRMAN KAUFMAN: Okay.
MR. KITTS: For the record, Ryan Kitts, Collier County Code
Enforcement.
MR. AHMAD: Ahmad Ahmad.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us?
MR. KITTS: Past orders: On July 31st, 2023, the Code
Enforcement Board issued a finding of fact, conclusions of law and
order. The respondent was found in violation of the referenced
ordinance and ordered to correct the violation. See the attached order
of the Board, OR6279, PG3457, for more information.
The violation has been abated as of June 19th, 2025.
Fines and costs to date are as followed [sic]: Fines have accrued
June 26, 2025
Page 104
at the rate of $200 per day for the period from November 29th, 2023,
to June 19th, 2025, a total of 569 days, and total fine amount of
$113,800.
Previously assessed operational costs of $59.28 have been paid.
Operational costs for today's hearing is $59.42. Total amount,
$113,859.42.
The gravity of the violation was not health and safety.
The actions taken by the violator have been -- have -- sorry. The
violation -- do -- the actions taken by the violator to correct Permit
PRFH20231251265 was issued, inspections completed, elevation
certificate submitted and finaled.
Any previous violations committed by the respondent and
violator? None.
And there are no other relevant factors.
CHAIRMAN KAUFMAN: Okay. My question is, what took
you so long?
MR. AHMAD: Okay. So when -- I called the inspectors out,
and I guess -- so I called them out all in one day, and so when they
call walked in, they were like, "What are we supposed to look at
here?"
I'm like, it's an after-the-fact permit, which I got an engineer to
do the drawings, and we submitted it and everything.
And they said, "Well, we have nothing to look at." So they
started just denying me.
So I noticed -- so I started calling one at a time, like, every two,
three months, and they would just pass me. They would just walk in,
be like that (indicating), and just pass me. So I started doing that. I
started calling an inspector, like, every two, three months, a different
one for, like, the slab and drywall and framing, and they started
passing me because it's an ATF, it's an after-the-fact permit, so I
didn't rip nothing out.
June 26, 2025
Page 105
And they were basically not looking at anything. But when I
called them out the first day all together, they said, "We can't pass
you."
CHAIRMAN KAUFMAN: So this is July of 2023.
MR. AHMAD: Yeah. I started in, like, 2024 calling the
inspectors.
CHAIRMAN KAUFMAN: Okay. So in 2023, you built a
house?
MR. AHMAD: No.
CHAIRMAN KAUFMAN: What did you do?
MR. AHMAD: No, no, no, no. So what happened, I did
construction inside of -- I bought my house in 2014.
CHAIRMAN KAUFMAN: Okay.
MR. AHMAD: So I did construct -- remodel inside the house,
and then one of the neighbors snitched me out. I don't know why, but
they snitched me out. And then I guess the -- I did do remodel
without -- I'll admit it. I'm not here to say I didn't, that I did remodel
work without -- because I posted the pictures on Zillow trying to sell
my house. One of the neighbors seen it, and then they submitted
those pictures to Code Enforcement, and then that's when I got
caught.
CHAIRMAN KAUFMAN: Okay. I don't understand you said
about the slab and --
MR. AHMAD: Yeah, yeah. So there was no slab cutting. And
then I guess county said I need to do a slab inspection, but when the
inspector came out, he looked. He seen I didn't cut -- there was a lot
of things that weren't done in the remodel that were listed for
inspections, so I had to get all those removed.
CHAIRMAN KAUFMAN: Okay. Well, it seems a hundred
and -- round figures, $114,000 for a couple of bathrooms seems to be
an excessive fine.
June 26, 2025
Page 106
Jeff, do you have any comments?
MR. LETOURNEAU: Just, as always, the county's always
looking for the full amount that we bring before you. It's up to you
guys to make a decision on these.
CHAIRMAN KAUFMAN: In other words, let me pass the buck
back to you?
MR. LETOURNEAU: Yes.
CHAIRMAN KAUFMAN: Okay. Anybody have a comment
or want to make a motion?
BOARD MEMBER AYASUN: It's in compliance now, right?
CHAIRMAN KAUFMAN: Yes.
MR. AHMAD: It's in compliance, and it's my first time ever
pulling permits. I pulled them myself. I didn't hire anyone to do it,
so it was just a little bit challenging. And I've been in contact with
them. We had -- like, everything was very smooth. He was actually
very beneficial, explaining to me how to do everything with the
whole process so -- to get everything done.
MR. KITTS: He did have some rejections along the way for the
permits, and it took a while.
MR. AHMAD: Yeah. So he guided me a lot on what to do and
how to go about things like -- the elevation certificate he helped me
with and --
MR. KITTS: He's been very cooperative.
BOARD MEMBER AYASUN: Did you learn your lesson,
though?
MR. AHMAD: Of course. I'm not remodeling again without a
permit.
BOARD MEMBER AYASUN: So I'd like to make a motion
that the penalty is reduced to $2,500.
MR. AHMAD: Perfect, thank you.
BOARD MEMBER AYASUN: And you pay the $59.42.
June 26, 2025
Page 107
MR. AHMAD: I appreciate it so much. Thank you, Board.
BOARD MEMBER RUBENSTEIN: I'll second that, since
that's what I was going to bring up.
CHAIRMAN KAUFMAN: Okay, very good.
MR. AHMAD: I appreciate it, Board. Thank you so much.
CHAIRMAN KAUFMAN: I have a motion. Second.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. AHMAD: Thank you guys so much. You guys have a
good day.
CHAIRMAN KAUFMAN: It was worth the wait, yeah.
MR. AHMAD: Yeah, it was three hours.
BOARD MEMBER ELROD: You were giggling a little on the
last one, though.
MR. AHMAD: Where do I make payment? On the website?
CHAIRMAN KAUFMAN: Just make out a check to me -- no.
He'll tell you out in the hall what to do. It's probably Horseshoe.
MS. BUCHILLON: Ryan will let you know. Normally give us
a couple of days -- business days to put it in the system.
MR. AHMAD: Okay.
MS. BUCHILLON: You can do it online, or you can go in the
office.
MR. AHMAD: On the city portal, right?
MS. BUCHILLON: Right, yes, but give us a couple of days,
June 26, 2025
Page 108
business days, okay.
MR. AHMAD: Thank you so much, guys. Have a good day.
MS. BUCHILLON: You're welcome.
BOARD MEMBER ELROD: Next?
MS. BUCHILLON: Next case, we're still under imposition of
fines, No. 2, CESD20220008565, Craig A. Ream and Heather L.
Ream.
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. JONES: I do.
MR. BREMER: I do.
THE COURT REPORTER: What is your name?
MR. BREMER: Robert Bremer, B as in "boy," r-e, m as in
"Mary," e-r.
CHAIRMAN KAUFMAN: Okay. Everybody sworn?
THE COURT REPORTER: (Nods head.)
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MR. BREMER: Robert Bremer.
CHAIRMAN KAUFMAN: Okay.
Do you want to read this into the record for us?
MR. JONES: Yes, sir. For the record, Alphonse Jones, Collier
County Code Enforcement.
Pastor orders: On June 22nd, 2023, the Code Enforcement
Board issued a findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6271, PG3884, for more information.
On January 25th, 2024, the Code Enforcement Board granted an
extension of time. On September 26th, 2024, the Code Enforcement
June 26, 2025
Page 109
Board granted a continuance.
The violation has been abated as of May 9th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for the period from July 24th, 2024, to May 9th,
2025, 290 days, for a total fine amount of 200 -- or, I'm sorry, 29,000.
Previously assessed operational costs of $59.28 and $59.56 have
been paid. Operational costs for today's hearing, $59.77. Total
amount, $29,059.77.
The gravity of the violations is moderate.
Any action taken by violator to correct; respondent obtained
Remodel Permit No. PRFH2024100124, passed all inspections and
received a certificate of completion on May 9th, 2025.
Any previous violations committed by the respondent/violator:
None.
Any other relevant factors: None.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: Just a question, sir. You said your name
was?
MR. BREMER: Robert Bremer.
MR. LETOURNEAU: And what relation are you to the
property owners?
MR. BREMER: I'm the contractor they hired to fix the previous
contractor's mistakes.
MR. LETOURNEAU: And then you have their permission to
be representing them today?
MR. BREMER: I do, sir.
MR. LETOURNEAU: Okay. Thank you.
CHAIRMAN KAUFMAN: Okay. That's acceptable to the
Board. That's because you have a tie on.
MR. BREMER: Thank you.
CHAIRMAN KAUFMAN: Contractors, generally a different
June 26, 2025
Page 110
dress.
Okay. I don't know why it's taken so long.
MR. BREMER: So it -- I'll try to make this in two minutes
rather than one; I know you like it quick. The Reams purchased a
home in Collier County. The Realtor recommended a state-certified
licensed contractor to do the work for them. They hired him. Part of
the contract stated the contractor would get a permit to do all the
renovation work.
Contractor did not get the permit, not only with theirs but with
several other homes -- three that we've all gotten together with.
Contractor then came back after the fact when he was almost done,
probably 90 percent done with the property, and said, "Hey, you have
to pay me $20,000 or I'm going to turn you into the county for not
having a permit for the work."
Reams went and hired an attorney. Contractor turned them into
the county. He, of course, then, after the Board -- county went after
him, he lost his license with the state. He then declared bankruptcy
so that the attorneys for these three people couldn't go after him for
anything else. That's why it took so long was trying to get the
original contractor to come back and do what he was already paid and
obligated to do.
So after the attorneys finally said, "Look, there's nothing left to
go back after him, he's got no license, he's bankrupt, you know, we're
done," that's when they hired me to come in. I got them the permit,
got everything squared away.
CHAIRMAN KAUFMAN: Okay.
MR. BREMER: So we would like to beg the Board that -- we
understand the fines and fees should be there. There was no permit
for the work, but it should go towards the contractor, not the
homeowner that was swindled in this particular case. It would add
insult to injury to hit them again with fines after they've already had
June 26, 2025
Page 111
to pay twice for the same work.
BOARD MEMBER AYASUN: Crazy.
BOARD MEMBER ELROD: I'd like to make a motion.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Pay the 59.77 within 30 days and
deny the county the imposition of the rest of the fines.
CHAIRMAN KAUFMAN: Okay. Do we have -- we have a
motion. Do we have a second?
BOARD MEMBER AYASUN: We'd like a small fine anyway.
CHAIRMAN KAUFMAN: Okay. Do you have a number?
BOARD MEMBER RUBENSTEIN: I have a motion.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER RUBENSTEIN: Reduce the county's fine
to $500 plus the fee of 59.77 for today's hearing.
CHAIRMAN KAUFMAN: Okay. That's your motion?
BOARD MEMBER AYASUN: I second it.
CHAIRMAN KAUFMAN: It's seconded. All those in favor?
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
BOARD MEMBER ELROD: Aye.
CHAIRMAN KAUFMAN: Okay. So instead of 30,000, it's
500.
MR. BREMER: It is what it is.
CHAIRMAN KAUFMAN: Okay.
MR. BREMER: Thank you.
CHAIRMAN KAUFMAN: Okay. My pile is getting smaller,
Helen.
MS. BUCHILLON: Next case, No. 4, CESD20220007688,
Erick Innis and Alyssa Innis.
June 26, 2025
Page 112
CHAIRMAN KAUFMAN: This one again.
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. INNIS: I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us.
MR. INNIS: Erick Innis.
CHAIRMAN KAUFMAN: Okay. Brian, do you want to read
this into the record for us?
MR. OWEN: Yes, sir. For the record, Brian Owen, Collier
County Code Enforcement.
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 violation. See the attached order of the Board,
OR6298, PG1671, for more information.
On January 25th, 2024, the Board -- the Code Enforcement
Board granted an extension of time. On November 20th, 2024, and
May 22nd, 2025, the Code Enforcement Board granted a
continuance.
The violation has not been abated as of June 26th, 2025.
Fines and costs to date are as followed [sic]: fines have accrued
at a rate of $200 per day from a period of July 26th, 2024, to
June 26th, 2025, 336 days, for a total fine amount of
$67,000 -- $67,200. Fines continue to accrue.
Previously assessed operational costs of 59.21 and 59.70 have
been paid. Previously assessed operational costs of 59.84 has not
been paid. Operational costs for today is 59.91, for a total fine
amount of $67,319.75.
June 26, 2025
Page 113
CHAIRMAN KAUFMAN: Okay. Mr. Innis?
MR. INNIS: Yes, sir.
CHAIRMAN KAUFMAN: (Indicating).
MR. INNIS: So I'd like to say, like, we -- the request is to get
the permit for the building that was in question here, right? Like,
that's --
CHAIRMAN KAUFMAN: I remember the case distinctly.
MR. INNIS: Yes. Yes, sir.
CHAIRMAN KAUFMAN: And I remember the end of the case
where I think Mr. Fuentes said, it's easier for you to knock the
building down and start from scratch than it is to keep going on this
thing.
MR. INNIS: Correct. So what Mr. Rick recommended first,
before knocking down the building -- because the original footprint
of the building -- and this just kind of goes back, and I'll try to make
it short -- is that when we went [sic] investigation to do all the
permitting, architecture, engineering, surveying, elevation, collected
all of that the first go-round as what was required to put in the permit.
We then ran into a problem that the building --
CHAIRMAN KAUFMAN: Over the property line.
MR. INNIS: -- was, like, a foot over the property line.
CHAIRMAN KAUFMAN: Right.
MR. INNIS: So then we did -- we pulled public records, and
that it was actually permitted a foot over the property line, I think,
2007.
And so then we were trying to figure out who approved of the
permit and that actual footprint that was over the line. Multiple
surveys done. Previous surveys from 2019 before I even owned the
property also show that it was that way.
So then we went -- and Rick recommended that if it was a
property line issue, that -- I think it was -- don't quote me, but maybe,
June 26, 2025
Page 114
like, 11 inches over the property line. That doesn't negate the fact
that it's over the property line.
Then the suggestion was made, before we can even do that, then
let's try to get it back on your property line.
So we went with Shalonda, we went through the whole route of
doing lot line adjustments. That took months. So then we went -- we
went along and did -- resurveyed for lot line adjustments, put a
packet together, spoke with the adjacent neighbor who -- that's owed
for the property line who, on a personal said he doesn't care. He
loves us being there. It's a few inches, whatnot.
So then we went and tried to make it official. And so the next
suggestion that was made is that -- if we buy the amount of property
that is needed for the setback required. So then we went into
negotiations with the neighbor. The neighbor, verbal agreement. We
went to sign papers. Unfortunately, at that time -- when we went to
go sign papers, we had an agreement, everything lined up that I
would purchase X amount of part of his property, which would fulfill
the setback which was needed, which would have been the
requirement needed for the rest of the permits to be submitted, he
ended up with a terminal illness. So then he found out he had a
terminal illness and didn't want to leave his wife with that.
CHAIRMAN KAUFMAN: We've heard all of this.
MR. INNIS: Yes.
CHAIRMAN KAUFMAN: I remember it distinctly.
MR. INNIS: Okay.
CHAIRMAN KAUFMAN: I mean, it wasn't that long ago.
This might have been a few months ago.
MR. INNIS: Yeah, because the contractor was here. I was out
of the country for work. And so my contractor, who -- we brought on
the contractor. We hired -- I mean, I've -- to knock it down.
CHAIRMAN KAUFMAN: Let me cut to the chase.
June 26, 2025
Page 115
MR. INNIS: Yes, sir.
CHAIRMAN KAUFMAN: I don't want to drag this out.
MR. INNIS: No problem.
CHAIRMAN KAUFMAN: It's still not in compliance. One of
the things that was brought up at the hearing was we want to save all
the equipment that's in the barn right now, and then -- and we'd like
to move to into a new barn. Somebody on the Board mentioned,
"You're better off getting a storage place and putting the equipment
there than doing this. It's costing you a fortune," looking out for you,
even though you weren't here.
MR. INNIS: I'm very -- I've probably put 45,000 into all the
other recommendations that were -- that were made by Code
Enforcement. So I completely agree. We submitted for the knocking
down the building. That was submitted for. The contractor is with
family. He's not in town right now. And he's the one that's approved
on the --
CHAIRMAN KAUFMAN: Two things.
MR. INNIS: -- knockdown.
CHAIRMAN KAUFMAN: The only thing that we can do --
MR. INNIS: Yes, sir.
CHAIRMAN KAUFMAN: -- when the property is not in
compliance is impose the fine or grant additional time.
MR. INNIS: Yes, sir.
CHAIRMAN KAUFMAN: We have granted -- this goes back
to 2023. So the additional time has been out there. But on top of all
of this, the operational costs of 59.84, that hasn't been paid either.
MR. INNIS: Which one is that from? Is that from when the
contractor was here last?
MR. OWEN: Correct, yep.
MR. INNIS: Okay. I will take care of that today.
CHAIRMAN KAUFMAN: You have to come -- you have
June 26, 2025
Page 116
applied for a demo permit?
MR. INNIS: Yes, sir.
MR. OWEN: It was applied for on the 10th and is in "ready for
issuance" status at this time.
MR. INNIS: I just need him to be in town to start it, which is
out of my hands. He's the contractor on the permit.
CHAIRMAN KAUFMAN: I realize you've gone through a lot
of money on this, and the Board has been more than helpful with on
this, including suggestions.
MR. INNIS: I've taken every suggestion that you've gave and
gone down that. And you're right, it was better to knock it down.
Moving forward, I won't try auxiliary suggestions. I will just go with
hiring a bulldozer.
CHAIRMAN KAUFMAN: When does your contractor say he
can have this done?
MR. INNIS: I think he gets back at the beginning of next week,
and then the next stages that he explained to me is then he has to get
the -- obviously, the equipment to knock it down, all of that.
CHAIRMAN KAUFMAN: You have to pick up the permit, A.
MR. INNIS: Yes, sir.
CHAIRMAN KAUFMAN: And then he's got to -- go ahead.
MR. INNIS: Oh. So then the next thing is the scheduling for
the dumpsters, the heavy equipment, and the disconnection of the
water. I believe that was already permitted when -- it has been a
horse barn since 2007. A plumber's got to come in and shut that off
because that same water also goes to our house, like, in -- so we have
to make sure that that that is good before we can knock it down, and
then once we put it in dumpsters, clear everything out, call for
inspection, that it has been bulldozed down.
CHAIRMAN KAUFMAN: Do you think a realistic time frame
on this -- I'd like to bite my tongue when I say it -- would be 60 days,
June 26, 2025
Page 117
two months?
MR. INNIS: Is that normal? I'm not a contractor, so -- he said
as fast as things are ordered --
CHAIRMAN KAUFMAN: I know they knock houses down in
my development in one day, big houses. So a barn should be easier
to knock down.
BOARD MEMBER ELROD: Sixty days.
CHAIRMAN KAUFMAN: The Board?
BOARD MEMBER ELROD: Second -- I'll second your
motion.
CHAIRMAN KAUFMAN: Okay. So to begin with, the 59.84
needs to be paid immediately.
MR. INNIS: That's --
CHAIRMAN KAUFMAN: And Brian will be able to help you.
MR. INNIS: Perfect.
CHAIRMAN KAUFMAN: Point you in that direction. And my
motion is to grant a 60-day continuance on this. So you're going to
have to come back after that to resolve this case.
MR. INNIS: We're ready. I'm waiting on trucks to show up at
this point.
CHAIRMAN KAUFMAN: Okay. That's my motion.
MR. NOELL: And then the ops costs of 59.91 for today?
BOARD MEMBER ELROD: Yes.
CHAIRMAN KAUFMAN: Yes, in addition to the 59.84, which
will be paid this afternoon.
BOARD MEMBER RUBENSTEIN: And the fines continue to
accrue?
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Yes.
BOARD MEMBER RUBENSTEIN: And the fines continue to
accrue?
June 26, 2025
Page 118
CHAIRMAN KAUFMAN: Continuance, yes.
Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. INNIS: Thank you, sir.
CHAIRMAN KAUFMAN: Good luck to you.
MS. BUCHILLON: Next case, No. 5, CESD20230008412,
Marcelo Castillo and Mireya Farrada Yanez.
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. LOPEZ: Yes, ma'am.
THE COURT REPORTER: And what was your name again?
MR. LOPEZ: Pedro Lopez.
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.
MS. YANEZ: I do.
MR. CASTILLO: I do.
CHAIRMAN KAUFMAN: Good morning. Could you state
your name on the microphone for us.
MS. YANEZ: My name is Mireya Farrada Yanez.
MR. CASTILLO: Marcelo Castillo Soto.
CHAIRMAN KAUFMAN: Okay. You I know.
June 26, 2025
Page 119
MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier
County Code Enforcement.
CHAIRMAN KAUFMAN: Okay. You want to read this into
the record for us, please.
MS. RODRIGUEZ: Past orders: On June 27, 2024, the Code
Enforcement Board issued a finding of fact, conclusions of law and
order. The respondent was found in violation of the referenced
ordinance and ordered to correct the violation. See the attached order
of the Board, OR6382, Page 2086, for more information.
On January 23rd, 2025, Code Enforcement Board granted an
extension of time. The violation has been abated as of June 20th,
2025.
Fines and costs to date are as follows: Part 1, abated by
July 27th, 2024, within compliance deadline.
Part 2, fines have accrued at a rate of $200 per day for the period
of April 24th, 2025, to June 20th, 2025, 58 days, for a total fine
amount of $11,600.
Previously assessed operational costs of $59.28 has been paid.
Operational costs for today's hearing, $59.63. Total amount is
$11,659.63.
The gravity of the violation is not a health and safety.
Any actions taken by the violator to correct: They obtained a
garage permit, PRAC20240834871, which was final on June 20th,
2025. They also pulled a demo permit. PRDM20250206195 was
finaled on May 21st, 2025, for the remaining structures that were in
violation.
Any previous violations committed by the respondent/violator:
None.
And no other relevant factors.
CHAIRMAN KAUFMAN: Okay. Any questions from the
respondent?
June 26, 2025
Page 120
MR. LOPEZ: (For Ms. Yanez) They would like to tell the
county they would like their debt to be forgiven because they've been
working real hard to get it done, and it's taken them -- they had a
contractor they had hired to do this work for them, and it wasn't
moving the permits, she said, that it was just taking forever. So then
she started doing it herself.
And meanwhile, this was accruing the fine, I guess, and they had
no idea. So she started doing it herself to get this resolved,
essentially.
BOARD MEMBER ELROD: Did I hear Ortega?
MR. LOPEZ: (For Ms. Yanez) She said Octavio. She says
Maria is a witness as her bringing in the permits herself to the county
because Octavio wasn't moving them, I guess, so she was the one
doing them herself, bringing them in herself.
CHAIRMAN KAUFMAN: Do you want to make a motion?
BOARD MEMBER ELROD: I do. I'll make a motion that the
59.63 be paid in 30 days and the county deny the imposition of fines.
CHAIRMAN KAUFMAN: It's another Octavio.
BOARD MEMBER ELROD: Yes.
BOARD MEMBER AYASUN: Correct. I will second it.
MR. LOPEZ: Is it both the 59 from today and the last time or
just the one from today?
CHAIRMAN KAUFMAN: Today -- the other one has been
paid. The 59.38 was paid. So this is 59.63; that's for today. So you
pay the 59.63, and you don't have to pay the 11,000 and change.
Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
June 26, 2025
Page 121
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. CASTILLO: Thank you.
MS. YANEZ: Thank you. Have a good day.
CHAIRMAN KAUFMAN: Has anything been done with this
Octavio deal? Is he still issuing stuff?
MR. IANDIMARINO: It's an open active investigation. Thank
you.
BOARD MEMBER AYASUN: And you can't comment on it.
CHAIRMAN KAUFMAN: He must be a politician.
BOARD MEMBER AYASUN: Are we done?
CHAIRMAN KAUFMAN: No. We're getting there.
MS. BUCHILLON: Back up to hearings, No. 6,
CENA20240008342, Hole In One Fairway, LLC.
And for the record, respondents are not present, and they were
notified regular and certified mail June 2nd, 2025, and it was also
posted at the property and courthouse June 2nd, 2025.
CHAIRMAN KAUFMAN: Thank you. 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. COHEN: I do.
CHAIRMAN KAUFMAN: Let the record reflect the
respondent is not here and notice was given properly.
Wade, you want to read this into the -- your case, so I'll let
you --
MR. COHEN: Yes, sir. Good afternoon. For the record, Wade
Cohen, Collier County Code Enforcement.
This is in reference to Case No. CENA20240008342 dealing
with violations of Collier County Code of Laws, Chapter 54,
June 26, 2025
Page 122
Article VI, Section 54-179 and Section 54-181, specifically litter,
including, but not limited to, lumber, garbage, food and drink
wrappers and containers and possible loose and bagged waste
excrement located at 4820 Golden Gate Parkway, Naples, Florida,
34116. Folio No. 36444600001.
Service was given on 9/30/2024.
Details of the case: Case was opened by complaint on
8/30/2024 with the initial inspection taking place that same date.
NOV was issued on 9/30/2024, and there have been multiple
reinspections of the property.
The property is a free-standing vacant commercial property.
All reinspections would show some degree of compliance. The
next time you would go back, there would be more litter and debris.
There appears to be homeless people living on the property
periodically. I've had to involve the Sheriff's Office on one occasion
when I encountered a homeless gentleman sleeping there, and
multiple school-aged children, high schoolers that were hiding out in
the dumpster area.
So basically, the property has become an attractive nuisance and
a cut-through for the high school kids. It's been problematic for the
Sheriff's Office.
It was concealed by vegetation from the Parkway at one point in
time. I walked the property with the owner on 2/21/25, and we went
over every single detail and every problem that there was with the
property. And he was cooperative at first. He cut down the hedge
that was concealing the building from the roadway so now it was
visible to the Sheriff's Office and everybody as they travel down the
main artery. And the hopes was that that would keep the homeless
people from coming around and those types of activities transpiring,
but it did not. Now it's just more visible. Been no additional contact
with the owner since that time.
June 26, 2025
Page 123
I have multiple case evidence; 26 pictures that I'd like to run
through quickly.
CHAIRMAN KAUFMAN: Okay. Can I get a motion from the
Board to accept the photos?
MR. HOLMES: I'd like to make a motion to accept the photos.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. COHEN: So basically the parking lot just fills with debris
constantly. This property is bordered by the Dunkin Donuts and the
Jiffy Lube, so there's a lot of foot traffic running through it. And as I
said, the kids use it to cut through coming from the Winn-Dixie in
Golden Gate City on their way back to the high school. It's just
a -- become a natural cut-through.
The dumpster, we spoke about him securing the dumpster to
keep everybody from utilizing it. That didn't transpire. The
dumpster is now covered in graffiti. There's a fence behind, and it's
falling down. It will be the subject of an upcoming hearing for a
property maintenance case as well.
BOARD MEMBER ELROD: This is not from the business.
This is from transients and high school students, correct?
MR. COHEN: Correct. The building is vacant and has been
vacant for quite some time.
So that spot, in particular, I believe, is where the excrement was
June 26, 2025
Page 124
found. I found a gentleman sleeping there one day in a wheelchair.
Wheelchair was there. He was on the ground covered up. That is a
particular area where there's a lot of debris found almost on a daily
basis.
Just multiple angles. The dumpster -- from day to day, if the
dumpster area is empty, the next day there's activity. This is where I
observed the teenage girls back in the dumpster area. And I was out
there yesterday for a prehearing inspection, and it was still basically
in the same condition.
CHAIRMAN KAUFMAN: Where is this located in Golden
Gate Estates?
MR. COHEN: It's on the -- on the Parkway right in between the
Dunkin Donuts and the Jiffy Lube on the south side of the road.
MR. LETOURNEAU: It used to be the old ABC Liquors, for a
long time it was, and then it was, like, phone company, and now it's
abandoned, I believe.
MR. COHEN: Yeah. There's a lot of issues with the building as
well.
CHAIRMAN KAUFMAN: The Dunkin Donuts is still in
business?
MR. COHEN: Dunkin Donuts is in business, yes, sir. So it
has -- the alleyway runs behind it as well, so there's -- a lot of foot
traffic comes through.
CHAIRMAN KAUFMAN: Isn't there a condo building right
behind the alley?
MR. COHEN: There is a building. I don't know if it's a condo.
CHAIRMAN KAUFMAN: Tropicana Club.
MR. COHEN: Very possibly. Tropicana is the corner with the
Dunkin Donuts.
CHAIRMAN KAUFMAN: I used to own a unit there in
Tropicana Club. I'm familiar with the place.
June 26, 2025
Page 125
MR. COHEN: Here's a picture that -- this is usually where I see
the homeless gentleman. He had his bed rolled out there and all his
accouterment.
So this is obviously visible from the Parkway and traffic, and
everyone can see this as they're coming and going. And that's the
area adjacent to it where there's always piles.
CHAIRMAN KAUFMAN: What's the Sheriff say?
MR. COHEN: It is a nuisance for the Sheriff, obviously. And I
believe the complaint originated from discussion with the Sheriff.
They're more than willing. It's caddy corner to the Sheriff's Office
substation.
And on the day that I saw the girls in the dumpster area, I went
across the street, had a very brief discussion with a deputy in the
parking lot, and they had two units over there within two, three
minutes to run people off. So it's kind of an ongoing issue for them.
CHAIRMAN KAUFMAN: The owner of the property is -- was
cooperative at one time?
MR. COHEN: Yes.
CHAIRMAN KAUFMAN: And now?
MR. COHEN: And now has gone silent. So there's been no
response to any of the postings. There's been no additional contact.
CHAIRMAN KAUFMAN: Does the owner of the property live
in Naples?
MR. COHEN: The owner of the property, I believe, does live in
Naples and owns other commercial property in Collier County as
well.
CHAIRMAN KAUFMAN: Okay. I don't know what the
solution -- well, we have to find out whether it's in violation or not.
Do you have more pictures? I mean --
MR. COHEN: No, sir. That would be the extent of it now.
BOARD MEMBER AYASUN: It's in violation.
June 26, 2025
Page 126
CHAIRMAN KAUFMAN: Make a motion.
BOARD MEMBER AYASUN: Make a motion that the
property's in --
CHAIRMAN KAUFMAN: Violation.
BOARD MEMBER AYASUN: -- violation.
BOARD MEMBER RUBENSTEIN: Second.
CHAIRMAN KAUFMAN: Violation exists. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And you have, I'm sure, a suggestion for us.
MR. COHEN: I do, sir.
BOARD MEMBER ELROD: How would the owner, though,
keep transients out?
MR. COHEN: We had a discussion when we walked around
there. Two pretty simple things that he failed to follow up with:
No. 1, posting it no trespassing and signing an agreement with the
Sheriff's Office so they could constantly patrol the parking lot and
run people off. He could fence it off. He could barricade it. He
could keep people out of there. He just chose not to take any of those
actions for whatever reasons.
MR. LETOURNEAU: I think if he just rented it out again it
would solve the issue because the business would handle the --
CHAIRMAN KAUFMAN: Yes.
MR. LETOURNEAU: -- homeless and the litter.
BOARD MEMBER ELROD: Unless the building wouldn't be
June 26, 2025
Page 127
in compliance for anybody to move into it.
MR. LETOURNEAU: Right. I don't know the status of the
structure, to be honest with you.
CHAIRMAN KAUFMAN: We'll give him a motivation tool.
MR. COOPER: Fantastic.
The recommendation would be that the Code Enforcement
Board orders the respondent to pay all operational costs in the
amount of 59.28 -- pay 59.28 incurred in the prosecution of this case
within 30 days and abate all violations by:
Number 1, removing all unauthorized accumulation of litter and
all other items not permitted for outside storage to a site designated
for such use, or store desired items in a completely enclosed structure
within blank days of this hearing, or a fine to be determined will be
imposed for each day the violation remains;
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
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: I'd like to make a motion that we
impose 59.28 to be paid within 30 days, a fine of $250 per day, and
they have 30 days to come into compliance.
BOARD MEMBER AYASUN: Second.
BOARD MEMBER RUBENSTEIN: Second -- third.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
June 26, 2025
Page 128
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
So "no trespassing" signs certainly would be a help, and then
signing the paperwork for the Sheriff --
BOARD MEMBER AYASUN: Sheriff.
CHAIRMAN KAUFMAN: -- is -- I'm sure the property's worth
some money.
MR. COHEN: You would think.
CHAIRMAN KAUFMAN: Commercial property. Okay.
BOARD MEMBER ELROD: Next?
MS. BUCHILLON: Last case, No. 16, CEPF20250001112,
Michael Gerald McGill, Jr., Matthew Tyler McGill, and Makade
Hugh McGill.
MR. LETOURNEAU: I think 14's still open, too, or no?
MS. BUCHILLON: Fourteen? I'm sorry, 14, too.
CHAIRMAN KAUFMAN: Well, they're both --
MR. LETOURNEAU: You got me excited.
MS. BUCHILLON: They're both Brian's.
CHAIRMAN KAUFMAN: Both Brian. Which one do you
want to do first, Brian?
MR. OWEN: We'll go in order, No. 14. But I do need
Ms. Helen's work [sic], because Wade closed the program.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
CHAIRMAN KAUFMAN: Let the record show that the
respondent is not present.
And notification?
June 26, 2025
Page 129
MS. BUCHILLON: Respondents were notified regular and
certified mail June 12th, 2025, and it was also posted at the property
and courthouse, June 13th, 2025.
CHAIRMAN KAUFMAN: Thank you.
Okay, Brian.
MR. OWEN: All right. For the record, Brian Owen, Collier
County Code Enforcement.
This is in reference to Case No. CEVR20250005302 with
violations of Collier County Land Development Code, as amended,
3.05.01(B), Section 10.02.06(D)(3)(e)(i), and
Section 10.02.06(D)(3)(e)(ii). Property has had mechanical clearing
without proper -- without proper approved county permits and
requires reports for gopher tortoises. Located at 3244 15th Avenue
Southwest, Naples, Florida, 34117. Folio 37980480108.
Service was provided on May 9th, 2025.
Case CEVR20250005302 was opened on May 1st, 2025, for
complaints for unpermitted land clearing and concerns for gopher
tortoises.
Initial investigation was conducted on May 8th, 2025, by
myself. I observed a path made through the property to the rear. The
path had showed evidence of mechanical -- of a machine being used
to create a path, i.e., mechanical clearing. I witnessed -- witness
evidence that the property did have gopher tortoises on site. I issued
a stop work order before I left.
Environmental determination was conducted on May 9th, 2025,
indicating that permits are required for the land clearing, and a
gopher tortoise study must be done by FWC.
Notice of violation was prepared and served on this day.
Reinspection on the case on June 9th, 2025, found no permits on file
to abate the violation, and the case was prepared for a hearing.
On June 25th, 2025, during my prehearing inspection, I did find
June 26, 2025
Page 130
a permit, PL20250007132. A vegetation removal permit had been
applied for on June 18th, 2025. The permit is in an unissued status at
this time.
I was also able to find FWC paperwork for the gopher tortoise
study to be started. That permit is 126640. That was applied for on
June 4th, 2025.
Evidence is 11 photos taken by myself on May 8th, 2025: One
signed determination; one aerial of the property; one deed proving
ownership; and one photo taken by myself during my prehearing
inspection yesterday.
CHAIRMAN KAUFMAN: Get a motion from the Board to
accept the photos.
BOARD MEMBER ELROD: Make a motion to accept the
photos.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. OWEN: All right. This is pretty much standing in the
right-of-way. You can see a surveyor stake out, but you can
obviously see that there was something taken through here. Maybe,
maybe not. There we go. You can see mechanical means of shoving
vegetation around. Track through the property.
So this is that large two-and-a-half-acre lot behind another
property, so it's that small easement beside the property to get to the
back. So most of this was driven through there, and evidence and
June 26, 2025
Page 131
surveyor tape indicating gopher tortoise burrows throughout the
property.
CHAIRMAN KAUFMAN: Have you had any contact with the
owner?
MR. OWEN: The owner has a second property here in town but
is primarily a resident of New York. She did hire Kaye Homes to
build for her. So they did admit to doing this not knowing they
needed a VRP because they were trying to get to the back to find out
if there were gopher tortoises. So they've realized they did a wrong
and are trying to make amends by getting the VRP and/or submit the
building permits and have started the process with FWC.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Make a motion a violation exists.
CHAIRMAN KAUFMAN: We have a motion a violation
exists.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And it's seconded. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You have a recommendation for us?
MR. OWEN: Recommendation: The Code Enforcement Board
orders on 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, obtaining all required Collier County approved mitigation
June 26, 2025
Page 132
plans, gopher tortoise reports, building/vegetation removal permits
and inspections, certificates of completion/occupancy to either keep
the unimproved property of the property as-is or restore the property
to its originally permitted condition within blank days of the hearing,
or a fine amount to be determined will be imposed until the violation
is abated.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement. If the respondent fails to abate the
violation, the county may abate the violation by 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. Anybody want to make a
motion?
BOARD MEMBER ELROD: I'll make a motion. How long is
it going to take Kaye Homes to get a house built?
CHAIRMAN KAUFMAN: Well, you don't need to build the
house. What you need to do is --
BOARD MEMBER ELROD: But if they get the permit for
building the house, they can clear the property?
MR. LETOURNEAU: Right, yeah. Once the permit's issued,
then they have the right to clear the property.
BOARD MEMBER ELROD: So -- and it's Kaye Homes, so
they're contracted to build the house, I would imagine.
MR. LETOURNEAU: I would imagine also.
He also mentioned a VRP, right?
MR. OWEN: Yes, sir. They have applied for a VRP.
MR. LETOURNEAU: Okay. So hopefully those two things
should mitigate this.
CHAIRMAN KAUFMAN: Probably 90 days?
June 26, 2025
Page 133
BOARD MEMBER AYASUN: Ninety.
MR. LETOURNEAU: I would say 90, yes.
CHAIRMAN KAUFMAN: $100 a day after that?
BOARD MEMBER ELROD: I concur. Ninety days, and $100
a day after .
CHAIRMAN KAUFMAN: And the --
BOARD MEMBER ELROD: And the --
CHAIRMAN KAUFMAN: -- 59.28.
BOARD MEMBER ELROD: Paid in 30 days.
CHAIRMAN KAUFMAN: Have we got a second?
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. BUCHILLON: Okay. Now it is the last case. Number 14,
CEVR20250005302, Mary Jean Millet.
MR. OWEN: Nope.
BOARD MEMBER ELROD: That was --
CHAIRMAN KAUFMAN: That was almost the last one.
BOARD MEMBER ELROD: Sixteen.
CHAIRMAN KAUFMAN: The last one ends in 4107.
MS. BUCHILLON: Oh, wait a minute.
BOARD MEMBER AYASUN: Oh, 4107?
CHAIRMAN KAUFMAN: Fifteen, right?
BOARD MEMBER AYASUN: Sixteen, because 15 was
eliminated.
June 26, 2025
Page 134
CHAIRMAN KAUFMAN: Oh, 16. Okay. We had a sale.
Okay. It's 16.
MS. BUCHILLON: Because the last one I said was 16, but
okay. 16 again. I never called the other one before.
CEPF20250001112, Michael Gerald McGill, Jr., Matthew Tyler
McGill, and Makade Hugh McGill.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
CHAIRMAN KAUFMAN: Okay. Brian, shoot.
MR. OWEN: All right. For the record, Brian Owen, Collier
County Code Enforcement.
This is reference to Case No. CEPF20250001112 dealing with
violations of the Collier County Land Development Code, as
amended, Section 10.02.06(B)(1)(a); Florida Building Code of 2023,
Section 1 [sic], scope of general requirements, Part 2, administration
of enforcement, Section 109, fees, Section 109.1, payment of fees.
Permit PRD20180212891 and PRBD20151134607 have expired
with outstanding fees due.
Located at 3518 23rd Avenue Southwest, Naples, Florida,
34117. Folio 38044200003.
Service was given on February 6th, 2025.
Case CEPF20250001112 was opened on January 29th, 2025, by
the Building department for expired permits with fees owed and
conditional holds. I made my initial inspection on January 30th,
2025.
I found Permit PRBD20182012891 expired with a $60 fee
owed. CO hold for elevation certificate. Permit PRBD20151134607
expired with a $67 fee owed and a CO hold for building reviews and
permitting.
June 26, 2025
Page 135
I attempted to make contact with the property owner on the 30th,
of 2025. I left an orange door tag with permit information and my
business card.
As of February 6th, 2025, I had not heard from the property
owner and prepared and served a notice of violation on this day.
Reinspections were conducted in the months of March, April,
and May, and on June 9th, 2025, the case was prepared for a hearing.
During my prehearing on June 25th, 2025, Permit
PRBD20151134607 has inspections completed and is not in a final
status.
Permit PRBD2018021289 is also inspections completed with its
fees remaining.
I have one aerial of the property, one deed of the property
showing ownership, and screenshots of the permits showing the
current status of the permits.
CHAIRMAN KAUFMAN: Get a motion from the Board to
accept the photos.
BOARD MEMBER ELROD: Make a motion to accept.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. OWEN: So this is the 2015 permit. Installation of six
insulated impact windows and one sliding glass door. It is in
"inspections completion" status. This one does have a CO hold,
which I will show you in my next picture.
June 26, 2025
Page 136
CHAIRMAN KAUFMAN: Who pulled that permit? Was that
pulled by a general contractor?
MR. OWEN: That I'm not aware. I just look at the property
owner to make sure it's the right property, and --
CHAIRMAN KAUFMAN: And you spoke with the property
owner?
MR. OWEN: They never actually got in contact with me till the
day I served the hearing papers. I got an email from a spouse of one
of the individuals on the deed. It is four brothers, so the property was
owned by a father, and he left it to his four -- to his three sons. So
I'm not sure who's currently residing in the property.
CHAIRMAN KAUFMAN: We'll find out and --
MR. OWEN: Yeah, pretty much.
So conditions on your 2015 permit, it says, "Send customer copy
of history and payment." That is the conditional hold for this one.
But if they were to pay $60, it would probably go away.
And then our 2018 permit is also inspections completed, again,
for the McGill family. And this does have a CO hold for an elevation
certificate and a $67 fee.
CHAIRMAN KAUFMAN: You find it's cheaper to pay the fee
than to --
MR. OWEN: And in the email that I first responded after
asking what needed to be done, I said, "Call permitting, pay your
fees, and meet your conditional holds."
BOARD MEMBER ELROD: I'll make a motion a violation
exists.
CHAIRMAN KAUFMAN: We have a motion a violation
exists.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: And it's seconded. All those in
favor?
June 26, 2025
Page 137
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And your suggestion on this?
MR. OWEN: Recommendation: That the Code Enforcement
Board order the respondent to:
One, pay all operational costs in the amount of 59.28 incurred in
the prosecution of today's case, complete all required conditions, pay
all required fees, and obtain certificates of completion/occupancy for
Permit No. PRBD20180212891 and Permit PRBD20151134607
within blank amount of days of this hearing with a fine amount to be
determined will be imposed until the violation is abated;
Three, the respondent must notify the code enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the respondent fails to abate
the violation, the county may abate the violation using any method to
bring the violation into compliance and may use the assistance of the
Collier County Sheriff's Office to enforce the provisions of this order,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: How long would it take to get an
elevation certificate?
MR. OWEN: I've seen them done quickly, and I've seen them
take long because people hire someone that's out on commercial jobs
and take forever to get to the little homeowner guy. So the answer
could be anywhere from 30 days to who knows.
BOARD MEMBER ELROD: "Who knows" days.
June 26, 2025
Page 138
CHAIRMAN KAUFMAN: By the way, did I -- for the record,
did I say that the respondent is not present?
MS. BUCHILLON: No, I didn't hear you.
CHAIRMAN KAUFMAN: And that notification was...
MS. BUCHILLON: For the record, respondents were notified
regular and certified mail June 12th, 2025, and it was also posted at
the property and courthouse June 13, 2025.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: So I'll make a motion to pay the
59.28 within 30 days, give them 60 days to get a certificate, and then
a fine of $100 a day after.
CHAIRMAN KAUFMAN: I second that. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. We have one, two, three, four, five cases to be referred to
the County Attorney.
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: Make a motion that we do that.
BOARD MEMBER AYASUN: Second.
BOARD MEMBER ELROD: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
June 26, 2025
Page 139
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
That's one.
And number two, our next meeting is not here.
MR. LETOURNEAU: Correct.
CHAIRMAN KAUFMAN: We're going to have it at my house.
MR. LETOURNEAU: Carrot cake?
CHAIRMAN KAUFMAN: At Horseshoe?
MS. BUCHILLON: Yes, sir. And we will be -- it will be till
12 p.m. So we're going to have a short one.
BOARD MEMBER AYASUN: We can only stay till 12. We're
done.
CHAIRMAN KAUFMAN: I have a line now I won't use while
we're in session. Okay. That's it?
MS. BUCHILLON: Uh-huh, yes, sir.
CHAIRMAN KAUFMAN: I want to thank Bart for his
participation through the year, and we wish him good luck, and we
are adjourned.
*****
June 26, 2025
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:59 p.m.
CODE ENFORCEMENT BOARD
O ERT AUFMAN, CHAIRMAN
These minutes approved by the Board on„ci 2
as presented V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.
Page 140