CEB Minutes 09/25/2025September 25, 2025
Page 1
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, September 25, 2025
LET IT BE REMEMBERED that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
John Fuentes, Vice Chair
Tarik N. Ayasun
Ronald J. Doino, Jr.
Kathleen Elrod
Lee Rubenstein
Sue Curley (Absent)
ALSO PRESENT:
Tom Iandimarino, Code Enforcement Director
Helen Buchillon, Code Enforcement
Mariam Lorenzo, Code Enforcement
Jeff Letourneau, Manager of Investigations
Kevin Noell, Attorney to the Board
September 25, 2025
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CHAIRMAN KAUFMAN: Good morning. I'd like to call the
Code Enforcement Board to order.
Notice: Respondents may be limited to 20 minutes for case
presentation unless additional time is granted by the Board. Persons
wishing to speak on any agenda item will receive up to five minutes
unless the time is adjusted by the Chairman.
All parties participating in the public hearing are asked to
observe Robert's Rules of Order and speak one at a time so that the
reporter can record all statements being made.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and, therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. Neither Collier County nor the Code
Enforcement Board shall be responsible for providing the record.
We're going to have a little bit of a disjointed meeting. We're
going to do the Pledge and the roll call, and then we're going to take a
break.
All stand for the Pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Okay. Helen, you want to start out
with the roll call before we take a break?
MS. BUCHILLON: Yes, sir. Good morning. For the record,
Helen Buchillon, Code Enforcement.
Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. BUCHILLON: Ms. Kathleen Elrod?
BOARD MEMBER ELROD: Here.
MS. BUCHILLON: Mr. John Fuentes?
BOARD MEMBER FUENTES: Here.
MS. BUCHILLON: Mr. Lee Rubenstein?
September 25, 2025
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BOARD MEMBER RUBENSTEIN: Here.
MS. BUCHILLON: Mr. Tarik Ayasun?
BOARD MEMBER AYASUN: Here.
MS. BUCHILLON: And Mr. Ronald Doino?
BOARD MEMBER DOINO: Here.
MS. BUCHILLON: And Ms. Sue Curley is excused.
CHAIRMAN KAUFMAN: Okay. I want to welcome Ron to
the Board again. He's an alumnus from the past.
BOARD MEMBER DOINO: Thanks, Bob.
CHAIRMAN KAUFMAN: Unless anybody has any changes,
we'll accept the minutes with a motion and a second.
BOARD MEMBER ELROD: I'll make a motion to accept the
minutes.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. The minutes are accepted.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously. And now
we're going to take a break.
(A recess was had from 9:03 a.m. to 9:18 a.m.)
CHAIRMAN KAUFMAN: I'd like to call the Code
Enforcement Board back to order. I think we left off on the approval
of the agenda.
Helen's in charge.
September 25, 2025
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MS. BUCHILLON: I'm sorry. We have some changes to the
agenda.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: First we have some stipulations.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: First stipulation under hearings, No. 1,
CEPF20240010344, Miguel Angel Licero Gualdron and Rosa
Eugenia Garrido Vergara.
Number 5, CESD20240007938, Eddy's Fashion, LLC.
Number 9, CESD20240006068, Luis Rene Vigil Menendez and
Yahima Soto Jiminez.
Number 10, SESTVR20240002347, DDL Enterprises of
Southwest Florida, LLC.
Number 12, CELU20250008012, Carolina Diaz.
And now we have some withdrawns. Under public hearings,
hearings, No. 2 CESD20250000884, Janelle J. Romero, has been
withdrawn.
Number 3, CESD20240010924, Mindrey Soris Dominguez and
Noslen Ebanks Estevez, has been withdrawn.
Number 4, CESD20250002108, Leonard Brisku, Rudina Brisku,
Martin Brisku, and Angelos Brisku, has been withdrawn.
Number 14, CESD20250000885, Carol A. Fell and Kimberly A.
Fell, has been withdrawn.
Under old business, motion for imposition of fines and liens,
No. 3, CENA20240008342, Hole in One Fairway, LLC, has been
withdrawn.
Number 4, CESD20230002663, Gerry Gonzalez and Laura
Gonzalez, has been withdrawn.
Number 11, CESD20220011248, PLN Properties, LLC, has
been withdrawn.
Number 12, CESD20230006053, PLN Properties, has been
September 25, 2025
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withdrawn.
Number 13, CESD20230006054, PLN Properties, has been
withdrawn.
And those are all the changes for now.
CHAIRMAN KAUFMAN: Okay. Can I get a motion from the
Board?
BOARD MEMBER ELROD: I'll make a motion to accept the
agenda as modified.
BOARD MEMBER AYASUN: 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.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
Which brings us --
MS. BUCHILLON: Another stipulation.
CHAIRMAN KAUFMAN: Another stipulation. Well,
we -- okay. What's the number?
MS. BUCHILLON: Number 6 under hearings,
CESD20250007024, Camilo Leon and Teresa Leon.
CHAIRMAN KAUFMAN: So should we approve the agenda
now?
MS. BUCHILLON: Yes, you can go ahead. She's going to give
you the copies for you.
September 25, 2025
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CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Make a motion to approve the
modified agenda.
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.)
BOARD MEMBER FUENTES: (No verbal response.)
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Which brings us to our first.
MS. BUCHILLON: ***First case, we're going to go a little
different. We're going to -- under old business, motion for imposition
of fines and liens, Number 9, CELU20210003385, Fash Properties,
LLC, and also No. 10, CELU20220010924. They have an attorney.
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.
MS. ENCALADA: I do.
MR. STEWART: Yes.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us to begin with?
MR. OWEN: Yes, Chairman.
CHAIRMAN KAUFMAN: We'll do 9 -- do we do 9 and 10
together or -- we'll have to vote on them separately.
September 25, 2025
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MR. OWEN: That is correct.
CHAIRMAN KAUFMAN: Okay.
MR. OWEN: Past orders: On February 23rd, 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, OR6225, PG1816, for more information.
On October 26th, 2023, the Code Enforcement Board granted a
continuance.
The violation has not been abated as of September 25th, 2025.
Fines and costs to date are as followed [sic]: Fines have accrued
at a rate -- accrued at a rate of $150 per day from a period of
August 23rd, 2023, to September 25th, 2025, 765 days, for a total
fine amount of $114,750.
Fines continue to accrue.
Previous assessed operational costs of 59.35 and 59.42 have
been paid. Operational costs for today's hearing is 59.63, for a total
fine amount of $114,809.63.
CHAIRMAN KAUFMAN: The next case is the same except it's
70 cents instead of 63 cents?
MR. OWEN: Correct.
CHAIRMAN KAUFMAN: Okay. Okay.
MS. ENCALADA: Good morning.
CHAIRMAN KAUFMAN: Why don't you state your name on
the microphone for us, please.
MS. ENCALADA: Samantha Encalada, and this is David
Stewart.
CHAIRMAN KAUFMAN: Okay. And you're the respondent?
MS. ENCALADA: Yes. I represent Fash Properties, LLC, and
David Stewart (phonetic) is the authorized representative of Fash
Properties, LLC.
September 25, 2025
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CHAIRMAN KAUFMAN: Okay.
MS. ENCALADA: And yes, you are probably wondering why
it has taken so long, this case. We will say there has been a lot to
unpack about the history of the case. But to simplify it, there were
discussions with a lot of the individuals here with the County that we
have been working with in the past, obviously, other officers as well,
to keep updated on the trajectory of where this case was going.
Ultimately, we do not contest, obviously, what Mr. Owen has said
here today, obviously, with the orders and the stipulations being
entered.
However, the background to it is that there were ultimately
certain things that were needing to be done, whether it was an SIP or
SDP. There were discussions about what was ultimately going to be
required. And so what we were receiving on our end was directions
that this might not go forward. There were some, obviously, delays.
We were trying to get everything we needed to do, but it was kind of
dependent on what was required of Fash Properties to be done.
And so at this point in time, an SIP is required, and so we have
gone through the channels. We have had some hiccups with
surveyors and engineers, which David Stewart can elaborate further
on the details of those. But there are steps that have been done and
taken and currently being taken to rectify to come into compliance.
And yes, we understand that this is a motion for imposition of
fines, but we would request, given that this circumstance has been a
little bit more of a difficult process to understand what was required
to be done, if it was moving forward, to allow for a little bit more
time for us to come into compliance with the efforts that Mr. Stewart
can speak to now.
CHAIRMAN KAUFMAN: Okay. Let me just remind you, this
is -- we have a choice here as a board to impose the fine or to grant
additional time. So we're not here to hear the case again. It was
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heard already, so...
MS. ENCALADA: That's understood. I would just like to -- if
you don't want to hear, I just am letting Mr. Stewart speak to the
efforts that he has done to our request of having a continuance to say
what has been done as the progress.
CHAIRMAN KAUFMAN: I think we're more interested in
when do you think this could be completed by, the time frame, rather
than going into the details of -- I mean, this goes back to February of
'23.
BOARD MEMBER FUENTES: Four years.
MS. ENCALADA: Correct.
CHAIRMAN KAUFMAN: Maybe even before that. So what
was done on February 24th of 2023; anything?
BOARD MEMBER FUENTES: Well, the case was actually
opened in 2021 and 2022.
CHAIRMAN KAUFMAN: Right.
MS. ENCALADA: And it was taken off of the agenda, my
understanding of multiple times because it was dependent on what
was actually being required, if this was something that was required
at the time and whether it was the SIP or something else, or it wasn't
going to be moved forward.
So we were kind of in a limbo state during that time it got
continued to try and see what was being done. It was communicated
through, you know, the representatives here within the County that
we had been working with of what was being moved forward, what
was not.
And at that point in time it kept being continued, and at that
point in time, Mr. Stewart had a surveyor to get everything done that
he needed to do. Unfortunately, the engineer that he worked with
did, essentially, delay for quite some time.
Now, at the present time, we've had another engineer and
September 25, 2025
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surveyor step in to complete everything. Obviously, there's been
some backlog and surveyors and engineers and what they're doing
and priority. But Mr. Stewart has paid a lot of money to these experts
to complete this.
So at this point in time, the surveyor has it in his port --
MR. STEWART: Yes.
MS. ENCALADA: -- and we are awaiting a specific topo- -- if
you can speak to that.
MR. STEWART: So as we went through the SIP pre-approval
process, we got comments back from Collier County and South
Florida Water Management water district on an easement behind the
property. They wanted a special topographic survey and plan drawn
before we submit for our SIP.
Our original surveyor went dark on us. We made multiple
attempts. He kept replying, "I got it. I got it." Finally I had to just
pull the plug because, as you're aware, this is closing in, and we need
to do something to get this resolved.
So I just hired a new surveyor a couple weeks ago. They should
be out, hopefully tomorrow, if not early next week. Unfortunately,
everyone has a big backlog of work, and we're trying to work on
everyone's schedule to get this accomplished. Once that survey and
plan is done, the package is just waiting for the submittal to Collier
County for that SIP. And then at that point, whatever the process
takes to get that out is when, I guess, the work will begin.
CHAIRMAN KAUFMAN: Okay. Let me go to the County for
a second.
It says the description of the violation is operating a tree
service/landscaping company without the required Site Development
Plan. Has there been any confusion on what the violation was?
MR. OWEN: There's no confusion on the violation. It was a
confusion in Site Development Plan versus Site Improvement Plan.
September 25, 2025
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Back in October of '23, they did submit paperwork for a Site
Development Plan. That turned around back to a Site Improvement
Plan, and that would have been what they started applying for in
April of this year. So the County flipped on them on what they were
wanting.
CHAIRMAN KAUFMAN: Okay. So the County initially
wanted A, and now the County wants B?
MR. OWEN: That is correct, sir.
CHAIRMAN KAUFMAN: Okay. Jeff, do you have any
comment on that?
MR. LETOURNEAU: For the record, Jeff Letourneau, Collier
County Code Enforcement.
As you can see, we kind of sat on this imposition for quite a
while, a couple years here. They were moving in the right direction.
I did have the Site Improvement Plan application in front of me here.
Nothing had been done since May on that particular plan you guys
got going. That's why I felt the need to bring it for imposition at that
time, because it looked like they had stalled out in trying to get into
compliance.
CHAIRMAN KAUFMAN: Okay. What the Board is looking
for -- if I can talk for the Board -- is when do you think this will be
resolved? And then we can discuss what we do with this huge fine. I
mean, huge -- two fines. So rather than -- we can't put in the record
when this happens and that happens. We need to put a date down.
So that's what we're looking for.
MR. STEWART: Okay.
MS. ENCALADA: At this time we would be asking for 60
days, just something that we can get. We're going to work best as we
can with the surveyor and push them as best as possible to try and get
everything. But then I think, on that point in front, the 60 days would
be for us to have the surveyor and everything submitted. But as far
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as once everything's submitted for the SIP and actually getting it
returned back, I can't anticipate when that -- when that might be. It
could be -- you know, it's not in our court at that point in time.
So I would be asking for 60 days for Fash Properties to be able
to get everything to the surveyor, completed, and the application for
the SIP submitted.
CHAIRMAN KAUFMAN: And I'm looking for a date where
you think you'll have this resolved, not when -- not when stuff is
submitted.
Go ahead, John.
BOARD MEMBER FUENTES: No. I don't think they're going
to have one.
CHAIRMAN KAUFMAN: Well, I mean, we can be lenient, I
know. And it was A and B as far as my comment. You think -- let
me throw this out there -- that this is going to be resolved in six
months? In three months?
MS. ENCALADA: I would like to say, yes, six months would
be a sufficient amount of time for everything to be submitted and
hopefully have the SIP issued at that point in time. It's just I don't
know where the priority falls with the application.
CHAIRMAN KAUFMAN: Okay. Let me take a -- if this was
done, as the attorney has said, in six months, would that then take
care of this violation?
MR. OWEN: Yeah. They need their Site Improvement Plan
finished from A to Z, and if the respondent believes six months
would get them to an approved Site Improvement Plan -- that's what
the county needs is a Site Improvement Plan.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Can we divide it into two parts,
like, 60 days for them to prove that they did put in everything and
then a waiting period for the response to come back?
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CHAIRMAN KAUFMAN: Well, we could ask them to come
back and say that it's underway, but if you're in contact with the
officer, that should be really good enough for us. So I would not be
adverse -- would the County be adverse to a six-month date?
MR. LETOURNEAU: We're okay with that.
BOARD MEMBER AYASUN: Good.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to give you six
months and pay the --
MS. BUCHILLON: Continuance.
BOARD MEMBER ELROD: -- a continuance, and pay the
operating costs in 30 days.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
Anyone comments?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. It carries almost
unanimously.
MR. LETOURNEAU: We have no objection on the next case
either, if you guys want to skip the process.
CHAIRMAN KAUFMAN: Yeah, we're going to vote on that
separately.
Okay. So this is Case 9. This has been read into the record.
September 25, 2025
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***If you want to read Case 10, and it's exactly the same except
the fine is 7 cents difference. So I guess that's enough.
Is it good enough for you, Terri? That's not -- say yes.
THE COURT REPORTER: Yes.
CHAIRMAN KAUFMAN: Yes. Okay. So let's vote on doing
the same extension for Case No. --
BOARD MEMBER ELROD: Continuance.
CHAIRMAN KAUFMAN: Excuse me?
BOARD MEMBER ELROD: Continuance.
CHAIRMAN KAUFMAN: A continuous on
CELU20220010924.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. You made the motion.
BOARD MEMBER ELROD: Yes, same one.
BOARD MEMBER AYASUN: You made the second. All
those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Carries -- okay. Carries almost
unanimously.
Okay.
MS. ENCALADA: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MS. ENCALADA: Have a great day.
CHAIRMAN KAUFMAN: Okay. You, too.
MS. BUCHILLON: Next up, we're still under public hearings,
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motions, motion for a continuance of imposition of fines.
***Number 1, CESD20230008967, Ramiro Trevino. And they
are also scheduled for imposition of fines in case.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. PACKARD: I do.
MR. TREVINO: I do.
CHAIRMAN KAUFMAN: Okay. Could you state your name
on the microphone for us, please.
MR. TREVINO: Sure. Good morning. Albert Trevino.
CHAIRMAN KAUFMAN: Okay. Jason, do you want to read
this into the record for us?
MR. PACKARD: It's actually a continuance, so I'm going to
defer to the respondent.
CHAIRMAN KAUFMAN: Okay.
MR. TREVINO: Go ahead.
BOARD MEMBER FUENTES: I know he's been here before.
CHAIRMAN KAUFMAN: Yeah.
BOARD MEMBER FUENTES: Can you just give me a quick
recap, because I know we gave you the continuance.
MR. TREVINO: We were -- well, we were part of that whole
Octavio thing, and what we started with was the County
wanting -- we turned in one permit, then the County said they wanted
two separate permits; one for the gazebo, the other one for the horse
stable.
As of right now, we finally got the gazebo completely taken care
of. We are -- we have one reviewer left with the County to satisfy.
He's wanting more details on the horse stable on how it's attached,
and just more building detail.
We've gone to him two times already, and I'm hoping in the next
September 25, 2025
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two weeks we can get him -- my draft, we can get him exactly what
he wants. And then that's the only guy that I need to satisfy, and the
permit will be issued.
BOARD MEMBER FUENTES: The gazebo's taken care of.
CHAIRMAN KAUFMAN: So you need an extension of time
of --
MR. TREVINO: Yes, sir.
BOARD MEMBER FUENTES: It would be a continuance.
CHAIRMAN KAUFMAN: I mean a continuance of 60 days?
MR. TREVINO: Sure. That would be great.
CHAIRMAN KAUFMAN: Jason, do you have any problem
with that?
MR. PACKARD: We have no objection to that, sir.
CHAIRMAN KAUFMAN: Jeff?
(No response.)
CHAIRMAN KAUFMAN: Okay. Make a motion.
BOARD MEMBER FUENTES: He's complying, yeah. I'll
make a motion to grant a continuance of 60 days.
BOARD MEMBER DOINO: I'll second it.
BOARD MEMBER FUENTES: Today's operational costs do
need to be paid.
MR. TREVINO: Okay.
CHAIRMAN KAUFMAN: 59.56.
MR. NOELL: Just for the record, what was the testimony on the
operational costs?
MR. PACKARD: It is --
MS. BUCHILLON: 59.84.
CHAIRMAN KAUFMAN: 59 -- operational costs for today is
59.56; is that correct?
MS. BUCHILLON: No. I have 84 on here.
BOARD MEMBER FUENTES: Just pay a hundred bucks.
September 25, 2025
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MR. NOELL: No.
MS. BUCHILLON: That's for the imposition of fines.
MR. NOELL: I hate to legal it to death, but just for the witness
to -- yeah, provide the testimony on the operational costs so I can
make that part of the order.
MS. BUCHILLON: It's 59.84. The other imposition is on
the -- the other ops costs is on the imposition of fines.
CHAIRMAN KAUFMAN: Right.
MR. PACKARD: So it's 59.84.
BOARD MEMBER FUENTES: For today, within 30 days.
MR. TREVINO: Okay. Thank you.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. TREVINO: Have a good day.
CHAIRMAN KAUFMAN: Thank you.
MS. BUCHILLON: So we do need to withdraw the imposition
of fines case, No. 1, CESD20230008967, Ramiro Trevino has been
withdrawn.
CHAIRMAN KAUFMAN: Okay. Someone make a motion to
do that withdrawal.
BOARD MEMBER ELROD: Make a motion to modify the
agenda -- or accept the modified agenda.
CHAIRMAN KAUFMAN: Okay.
September 25, 2025
Page 18
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.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously. Good.
Okay, done.
Which brings us to?
MS. BUCHILLON: ***Next case, motion for extension of
compliance deadline, No. 1, 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?
MR. COLLIER: I do.
DR. BREGGMAN: Yes, I do.
CHAIRMAN KAUFMAN: Good morning. Could you state
your name on the microphone for us, please.
DR. BREGGMAN: Yes. Good morning. Dr. Robert
Breggman. I'm a friend of Orgeary Parsley. She was unable to
attend today, as she is out of state in New York, so I'm here to
represent her.
CHAIRMAN KAUFMAN: Okay. And you have her
permission?
DR. BREGGMAN: Yes, sir.
MR. COLLIER: Yes. We do have an authorization to represent
September 25, 2025
Page 19
on file.
CHAIRMAN KAUFMAN: Okay.
MR. COLLIER: It's their motion for a continuance.
CHAIRMAN KAUFMAN: Okay. You're asking for?
DR. BREGGMAN: For a continuance of 90 days.
MR. NOELL: And it looks like, on the agenda, they're
requesting a motion to extend the initial compliance deadline for 90
days, not to continue a hearing.
CHAIRMAN KAUFMAN: Okay. Do you have any comments
on that?
MR. COLLIER: They have a permit that's ready to be issued.
It's currently pending fees. I mean, I think 90 days is reasonable.
They should be able to come into compliance within the next 90
days, you know, provided they pass all inspections and meet all the
requirements.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Make a motion to give them the
90 days but pay the operational costs within 30.
BOARD MEMBER AYASUN: Second.
BOARD MEMBER ELROD: Do we have the operational
costs?
MR. NOELL: Yeah. I didn't hear any testimony on it. Are
there any operational costs at this juncture?
MS. BUCHILLON: Yes, 59.49.
MR. NOELL: Thank you.
CHAIRMAN KAUFMAN: So the 59.49 has to be paid within
30 days.
DR. BREGGMAN: Okay.
CHAIRMAN KAUFMAN: And you have 90 days.
BOARD MEMBER ELROD: Extension.
CHAIRMAN KAUFMAN: If the motion passes.
September 25, 2025
Page 20
DR. BREGGMAN: Thank you, sir.
BOARD MEMBER AYASUN: I seconded the motion.
CHAIRMAN KAUFMAN: Second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, Doc.
MR. COLLIER: Thank you.
CHAIRMAN KAUFMAN: I have a pain over --
DR. BREGGMAN: We can handle it.
CHAIRMAN KAUFMAN: While you're here.
MS. BUCHILLON: ***Okay. Next up, under hearings, first
stipulation, No. 1, CEPF20240010344, Miguel Angel Licero
Gualdron and Rosa Eugenia Garrido Vergara.
MR. LICERO: Good morning, Chairman.
THE COURT REPORTER: Do you swear or affirm you will
translate everything from English into Spanish and Spanish into
English to the best of your ability?
MS. TREVINO: 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?
MR. LICERO: I do.
MS. RODRIQUEZ: I do.
MS. GARRIDO: I do.
September 25, 2025
Page 21
CHAIRMAN KAUFMAN: Okay. Is one a translator?
MS. TREVINO: He can understand pretty much most of it. So
on any case, that's what I'm here for.
CHAIRMAN KAUFMAN: That's what my wife says to me.
Can you state your names?
MS. TREVINO: Jane Trevino.
CHAIRMAN KAUFMAN: Okay. And, sir, your name?
MR. LICERO: My name is Miguel Licero.
MS. GARRIDO: Rosa Eugenia Garrido.
CHAIRMAN KAUFMAN: Okay. And if you would read the
stipulation into the record for us, please.
MS. ROGRIGUEZ: For the record, Maria Rodriguez, Collier
County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall pay operational costs in the amount of $29.28 --
MS. BUCHILLON: Fifty-nine.
MS. RODRIQUEZ: I'm sorry -- $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 permit, inspections, or certificate of
completion/occupancy for the expired permits within 180 days of this
hearing, or fine of $200 per day will be imposed until the violation is
abated.
Respondent must notify Code Enforcement within 24 hours of
abatement for the violation and request the investigator perform a site
inspection to confirm compliance; that if the respondent fails to abate
the violation, the County may abate the violation using any methods
to bring the violation into compliance and may use the assistance of
the Collier County Sheriff's Office to enforce the provision of this
agreement, and all costs of abatement shall be assessed to the
property owner.
September 25, 2025
Page 22
CHAIRMAN KAUFMAN: Okay. What's the scope of the
permit?
MS. RODRIQUEZ: They have two permits that are expired
right now. They need a survey that did not pass, so they filed a
variance. So the variance --
BOARD MEMBER FUENTES: How many days did we give
them again?
CHAIRMAN KAUFMAN: Six months.
MS. RODRIQUEZ: We gave them six months.
BOARD MEMBER FUENTES: I guess maybe, right. It
depends how quickly they work.
CHAIRMAN KAUFMAN: Well, what I would suggest is your
stipulation is for six months. Sometimes it may take a little bit
longer. If that's the case, I would suggest that you come back before
the six months and say, "This is where we are right now. We may
need another month," or whatever it is. Okay.
MS. GARRIDO: Okay.
MR. LICERO: Okay.
CHAIRMAN KAUFMAN: Okay. So now --
BOARD MEMBER ELROD: I'll 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.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
September 25, 2025
Page 23
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Good luck.
MR. LICERO: Thank you, Chairman.
CHAIRMAN KAUFMAN: Next stipulation.
MS. BUCHILLON: ***Next stipulation, No. 5,
CESD20240007938, Eddy's Fashion, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MR. ESTEVES: Yes.
CHAIRMAN KAUFMAN: Okay. Could you state your name
on the mic for us, please.
MR. ESTEVES: My name is Eddy Esteves.
CHAIRMAN KAUFMAN: Okay. Do you want to read the
stipulation into the record for us?
MR. OWEN: Yes, Chairman.
For the record, Brian Owen, Collier County Code Enforcement.
Therefore, it is agreed between the parties the respondent shall:
Number 1, pay operational costs in the amount of 59.28 incurred
in the prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier
County building permits or demolition permits, inspections, or
certificate of completion/occupancy for renovations/alterations of the
single-family residence within 90 days of this hearing, or a fine of
$250 per day will be imposed until the violation is abated;
Three, shut off all unpermitted electrical related to the
renovations/alterations, and it is to remain off until such electrical
work is addressed with a valid building or demolition permit and
related inspection within seven days of this hearing, or a fine of $250
September 25, 2025
Page 24
per day will be imposed until the violation is abated;
Four, respondent must notify Code Enforcement within 24 hours
of abatement of the violation and request the investigator perform a
site inspection to confirm compliance;
Five, that if respondent -- respondent fails to abate the violation,
the County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. You explained that they
need to turn the breakers off for that --
MR. OWEN: Yes, sir, and gave him the business card, and he
will call me probably sometime after Monday for that check.
CHAIRMAN KAUFMAN: Okay. Okay.
MR. ESTEVES: It's okay.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Good luck.
September 25, 2025
Page 25
MR. ESTEVES: Okay. Thank you.
CHAIRMAN KAUFMAN: You'll see Brian in a week.
MS. BUCHILLON: ***Next stipulation, No. 6,
CESD20250007024, Camilo Leon and Teresa Leon.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COOPER: I do.
CHAIRMAN KAUFMAN: Either they lost a lot of weight or
they're not here. Let the record reflect that the respondent is not
present.
Okay. You want to read the stipulation into the record for us,
please?
MR. COOPER: I will. For the record, Craig Cooper, Collier
County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier
County building permits or demolition permit, inspections, and
certificate of completion/occupancy for the carport within 120 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 the 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,
September 25, 2025
Page 26
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. They were here earlier
today?
MR. COOPER: Yes, sir.
CHAIRMAN KAUFMAN: Do you still need -- to our attorney,
do you still need the notice to be --
MR. NOELL: If she can, just because I don't know how the
Board's going to rule yet.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: So if you can just provide how -- testimony on
how notice was provided.
MS. BUCHILLON: Sure. For the record, respondents were
notified regular and certified mail September 10th, 2025, and it was
also posted at the property and courthouse September 10th, 2025.
CHAIRMAN KAUFMAN: Okay. So...
BOARD MEMBER ELROD: I'll 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 AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: It carries -- it carries almost
unanimously.
Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
September 25, 2025
Page 27
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. I figured I'd give you a
second chance.
Okay, Craig.
MS. BUCHILLON: ***Next stipulation, No. 9,
CESD20240006068, Luis Rene Vigil Menendez and Yahima Soto
Jimenez.
CHAIRMAN KAUFMAN: Let the record reflect that the
respondent is not present.
Craig, you must have scared these people away.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COOPER: I do.
CHAIRMAN KAUFMAN: Okay. If you would read the
stipulation into the record.
MS. BUCHILLON: Do you want me to put notice on the
record?
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: Okay. Respondents were notified regular
and certified mail September 10th, 2025, and it was also posted at the
property and courthouse September 11th, 2025.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: For the record, Craig Cooper, Collier County
Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
September 25, 2025
Page 28
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 shed and
electrical box/post within 120 days, 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 -- 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 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 the agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. This is not a case where a
circuit breaker needs to be turned off?
MR. COOPER: No.
CHAIRMAN KAUFMAN: This is just a box? Okay.
MR. COOPER: This is just a plug-in.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
September 25, 2025
Page 29
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. It passes.
MR. COOPER: Thank you.
MS. BUCHILLON: ***Next stipulation, No. 10,
CESTVR240002347, DDL Enterprises of Southwest Florida, LLC.
BOARD MEMBER FUENTES: Oh, Brian, you're back.
MR. OWEN: Yes, sir. I'll be here for the next one, too, sir.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. CUMMINGS: I do.
MR. OWEN: I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MS. CUMMINGS: Good morning. My name is Jennifer J.
Cummings.
CHAIRMAN KAUFMAN: And you are the --
MR. OWEN: She is the registered agent for DDL Enterprises.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us, Brian?
MR. OWEN: Yes, Chairman.
For the record, Brian Owen, 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 required Collier County
short-term vacation rental registration certificates or cease all
short-term vacation rental use of the property within 10 days of this
hearing, or a fine of $750 per day will be imposed until the violation
is abated;
September 25, 2025
Page 30
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 the respondent fails to abate the violation, the
County may use -- may abate the violation using any method to bring
the violation into compliance and may use the assistance of the
Collier County Sheriff's Office to enforce the provisions of this
agreement, and all costs of abatement shall be assessed to the
property owner.
CHAIRMAN KAUFMAN: Okay. Do you understand that?
MS. CUMMINGS: I do.
CHAIRMAN KAUFMAN: No problems?
MS. CUMMINGS: No problems.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: What I understand from that
was 750 a day.
CHAIRMAN KAUFMAN: That's correct.
BOARD MEMBER FUENTES: I think the stipulation
is -- yeah, wow.
MS. CUMMINGS: It's a lot.
CHAIRMAN KAUFMAN: The reason that they have such high
fines is you have to go through politics from six months or a year
ago. That's why the fines are so high.
BOARD MEMBER FUENTES: No, I totally get it.
CHAIRMAN KAUFMAN: Okay. Okay.
BOARD MEMBER FUENTES: I make a motion to accept the
stipulation.
CHAIRMAN KAUFMAN: Okay. We have a motion.
BOARD MEMBER ELROD: Second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
September 25, 2025
Page 31
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. CUMMINGS: Thank you.
MS. BUCHILLON: ***Last stipulation, No. 12,
CELU20250008012, Carolina Diaz.
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.
MS. DIAZ: I do.
MR. VALDIVIA: I do.
CHAIRMAN KAUFMAN: Good morning. Could you state
your name on the microphone for us, please.
Good morning, Your Honor. How are you? My name is
Gianmarco Valdivia. I'm her husband, and she's Carolina.
MS. DIAZ: Good morning. Carolina Diaz.
CHAIRMAN KAUFMAN: Okay. You must be Brian.
MR. OWEN: That's correct, sir.
CHAIRMAN KAUFMAN: Cool. Do you want to read this into
the record for us, Brian?
MR. OWEN: Yes, Chairman. For the record, Brian Owen,
Collier County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
Pay her operational costs in the amount of 59.28 incurred in the
September 25, 2025
Page 32
prosecution of this case within 30 days of this hearing;
Two, remove all unauthorized accumulation of litter and all
other items not permitted for outdoor storage to a site designated for
such use or store desired items in a completely enclosed structure
within 60 days of this hearing, or a fine of $100 a day will be
imposed for each day the violation remains;
Three, repair and affix a current valid license plate to each
vehicle in violation or store these vehicles in a completely enclosed
structure or remove these vehicles to a site intended for such use
within 30 days of this hearing, or a fine of $100 per day will be
imposed until the violation is abated;
Four, respondent must notify Code Enforcement within 24 hours
of abatement of the violation and request the investigator perform a
site inspection to confirm compliance;
Five, that if the respondent fails to abate the violation, the
County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Do you understand the
stipulation?
MS. DIAZ: Yes.
MR. VALDIVIA: Yes, we do.
CHAIRMAN KAUFMAN: You have two dates.
BOARD MEMBER RUBENSTEIN: Question.
MR. VALDIVIA: At least it's not [sic] a hundred dollars a day
for fine, so it's better.
CHAIRMAN KAUFMAN: Well, it could be $200 a day if you
don't --
BOARD MEMBER FUENTES: It could be 750.
MR. VALDIVIA: Exactly, exactly.
September 25, 2025
Page 33
CHAIRMAN KAUFMAN: Okay. Yes.
BOARD MEMBER RUBENSTEIN: Question for Brian. How
is this land zoned and how many vehicles are presently on it?
MR. OWEN: So, Lee, it is Estates, which is also zoned
agricultural, and there are two vehicles currently not registered on the
property.
BOARD MEMBER RUBENSTEIN: Five acres?
MR. OWEN: No. I think it's one and a half.
MR. VALDIVIA: One and a half.
MR. OWEN: Yep.
BOARD MEMBER ELROD: I'll make a motion to accept to
stipulation as written.
BOARD MEMBER FUENTES: 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.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. VALDIVIA: Thank you, Your Honor. Have a good day.
CHAIRMAN KAUFMAN: You, too.
MR. VALDIVIA: Thank you.
CHAIRMAN KAUFMAN: We also have an imposition of fines
on this one; is that correct, Helen?
Don't go away yet.
MS. BUCHILLON: No.
September 25, 2025
Page 34
CHAIRMAN KAUFMAN: No. Oh, this was attached to it,
okay.
MS. BUCHILLON: No. No, no.
***Okay. Next up, we are still under hearings, No. 13,
CESD20240006062, Yoandy Herrera Suarez and Yesnicey Bouquet
Pena.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COOPER: I do.
MR. BOONE: I do.
MS. BOUQUET: I do.
CHAIRMAN KAUFMAN: Okay. Could put your name on the
record for us on the microphone?
MS. BOUQUET: Hi. Good morning. My name is Yesnicey
Bouquet.
CHAIRMAN KAUFMAN: Okay.
MR. BOONE: My name is Jerry Boone. I'm an environmental
consultant, assisting.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: My name's Craig Cooper, Collier County Code
Enforcement.
Good morning. This is in reference to Case No.
CESD20240006062 dealing with violations of 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), an electrical post/box
and shed installed and constructed prior to obtaining Collier County
building permits.
Located at 4252 66th Avenue Northeast, Naples, Florida 34120.
Folio 3890472005.
Service was given on February 21st of 2025.
September 25, 2025
Page 35
While on a site inspection for Case No. CELU20240005593 on
June 18th of 2024 dealing with multiple RVs being occupied on this
property, I also witnessed an electrical post/outlet in the back of the
property. After doing research, there was never a permit applied for
to address the electrical post.
After the Health Department completed its investigation and a
violation was found, an NOV was posted on the property on
July 15th of 2024.
Then while on routine patrol, I witnessed that a blue shed had
been constructed in the back of the property. After doing research, I
confirmed that a permit was not applied for, and a revised NOV was
issued on February 21st of 2025.
Permit PRCP20250312229 was applied for on March 24th of
2025 and is in rejected status. Permit PL20250004531, a vegetation
removal permit, was rejected.
A correction letter was sent on August 25th of 2025. The
property owner must submit a site plan for the plants/trees and an
inspection must be completed to confirm the plants/trees have been
planted, and then the VRP can be issued, and then the property owner
can then move forward with the shed permit and the electrical post
permit.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: I would like now to present case evidence in
the following exhibits: One picture taken by me on June 17th of
2024, one picture taken by me on February 5th of 2025, aerial
photograph from 2025, a building determination for an electrical
post, a building determination for the shed, and then PL20250004531
correction letter.
CHAIRMAN KAUFMAN: Okay. Has the respondent seen the
photo?
MS. BOUQUET: One of the ones you showed me out there?
September 25, 2025
Page 36
MR. COOPER: What I showed you out there.
MS. BOUQUET: Yes.
CHAIRMAN KAUFMAN: You've seen them. Do you have
any objection to that being entered into evidence?
MS. BOUQUET: No. No, I don't have any.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board.
BOARD MEMBER ELROD: Motion to accept the photos.
BOARD MEMBER AYASUN: 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.)
BOARD MEMBER FUENTES: (Absent for vote.)
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. COOPER: Here is the electrical post. That was
in -- June 17th of 2024. There's the shed that I witnessed on
February 5th of 2025, aerial photo from 2025, determination,
determination for the shed. That would be the environmental
correction letter that was sent on August 25th of 2025.
All right. That would be it.
CHAIRMAN KAUFMAN: Okay. Craig, is that electrical post
providing electric to the shed? Is that the --
MR. COOPER: No. I believe that that was for the recreational
vehicles.
September 25, 2025
Page 37
CHAIRMAN KAUFMAN: Okay. So when the recreational
vehicles left, the post didn't go with it?
MR. COOPER: I have not been back on the property.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: But there's no permit for it.
CHAIRMAN KAUFMAN: Do you have any problem getting to
the back of the property for any reason?
MR. COOPER: Yeah. I had a hostile encounter a while back,
and so I'm kind of waiting to go back out there.
CHAIRMAN KAUFMAN: Okay. Sir, your turn.
MR. BOONE: Yes. So to my understanding, they hired a
company, iPermitting, that was submitting the permits that are now
under the County review.
CHAIRMAN KAUFMAN: Hold on. Who's they?
MR. BOONE: Sorry. Yoalys Martin with iPermitting. It's the
company that the property owners hired to provide the permits that
the County required.
CHAIRMAN KAUFMAN: Okay.
MR. BOONE: That has been done.
During that permit review, the veg removal permit issue came as
a last item that is outstanding, which is when I was brought onboard.
So I went to the property -- and I GPS. I looked at the documents
they were corresponding back and forth. And they were proposing
additional clearing on some of the trees that were left as part of what
the county wanted to see happen.
But I corresponded with them -- a different site plan. I'm doing
a little bit of a different proposal to say what vegetation is there as a
better alternative.
So I have sent that to I believe it's Kensey [sic] Giblin and
Lauren Murray. They're the people responsible for the VRP and
review. And as far as I know, everything that's been asked for we
September 25, 2025
Page 38
have provided. We're just waiting for the County to see if they would
accept my counterproposal to save more of the vegetation on site, and
they can be allowed to close the permit and go back into compliance.
CHAIRMAN KAUFMAN: Okay. But as it stands right now,
do you have any disagreement that the property is in violation?
MR. BOONE: It's definitely -- I can see why it's in violation,
yes.
CHAIRMAN KAUFMAN: Okay. So the first thing I'm looking
from -- for from the Board is does a violation exist.
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.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. A violation exists. Where do we go from here?
BOARD MEMBER RUBENSTEIN: I have question.
CHAIRMAN KAUFMAN: Yes.
BOARD MEMBER RUBENSTEIN: Is that electrical pole hot?
MS. BOUQUET: Yeah.
MR. BOONE: To her knowledge, it is still -- it still works.
CHAIRMAN KAUFMAN: Okay. The pole's active. The RV's
gone.
September 25, 2025
Page 39
MS. BOUQUET: Yeah, um-hmm.
CHAIRMAN KAUFMAN: Right? Okay.
MR. COOPER: I don't believe the RVs are gone.
MS. BOUQUET: I mean, they're not using the light. The pole
is for the electrical light in the backyard.
MR. COOPER: But the RVs are still on the property.
MS. BOUQUET: Yeah. They have the plate and everything,
yeah.
CHAIRMAN KAUFMAN: That's a different case.
MR. COOPER: Probably, yes.
CHAIRMAN KAUFMAN: Okay. So those poles were put in to
provide -- correct me if I'm going down the wrong track -- to provide
electricity for the RVs which didn't belong on the property.
MR. LETOURNEAU: You're asking me?
CHAIRMAN KAUFMAN: Yeah.
MR. LETOURNEAU: For the record, Jeff Letourneau, Collier
County Code Enforcement.
Originally they were put in to supply electricity to an illegal RV
rental. I believe they're no longer renting the RV at that particular
spot.
MS. BOUQUET: Yeah, they're not.
MR. LETOURNEAU: But we don't know because you haven't
been back there, right, Craig?
MR. COOPER: I have not been back on the property yet.
MR. LETOURNEAU: However, even if they remove the RV,
their still allowed to get a permit for an electrical pole back there.
What they're using it for, I can't tell you, you know. But, yeah.
CHAIRMAN KAUFMAN: Okay. But if they got a permit for
the electrical pole, then it would have to be inspected, so somebody
will go back to the back of the property, et cetera.
MR. LETOURNEAU: Right, exactly, yep, yep.
September 25, 2025
Page 40
CHAIRMAN KAUFMAN: Okay. I understand.
Now, what you're proposing to the County, has the County
indicated how long it's going to take them to get back to you with
your proposal?
MR. BOONE: I hope it doesn't take very long. You know, I
think within 60 or even 90 days, most definitely. I think there will be
plenty for the County Environmental Review to look at it and agree,
and that's a final box for the permit issuance.
CHAIRMAN KAUFMAN: Okay. So on the order, so the
attorney doesn't have a heart attack, he's not going to put down
"hope." He's going to put down a date, okay. So that's what we're
looking for, how much time you'd need to do it. You said 90 days?
MR. BOONE: I think 90 days is more than reasonable.
Everything has been submitted. So we're just waiting for the County
to finish its due process.
CHAIRMAN KAUFMAN: Okay. Now, should the County
approve it, that will take care of --
MR. BOONE: Yes.
CHAIRMAN KAUFMAN: -- the big issue.
MR. BOONE: Yes.
CHAIRMAN KAUFMAN: If they don't approve it --
MR. BOONE: Then I'll have to modify it to their terms and
provide it back for them to then settle that requirement.
CHAIRMAN KAUFMAN: Okay.
MR. IANDIMARINO: Mr. Chairman, if I may -- off to the
right.
CHAIRMAN KAUFMAN: Yes.
MR. IANDIMARINO: Go ahead, sir.
BOARD MEMBER RUBENSTEIN: Okay. Question: The
electrical pole is hot, correct?
MR. BOONE: Um-hmm.
September 25, 2025
Page 41
BOARD MEMBER RUBENSTEIN: Is there a vehicle parked
back there now?
MS. BOUQUET: Like, the RV, you said?
BOARD MEMBER RUBENSTEIN: That's using this
electricity?
MS. BOUQUET: No. That electricity is basically right now to
put light in the backyard.
BOARD MEMBER RUBENSTEIN: Say again.
MS. BOUQUET: So it's for providing light in -- like,
illumination in the backyard, but there is no vehicle connected to that
thing.
BOARD MEMBER AYASUN: No vehicle is connected to it.
MS. BOUQUET: It's not connected.
BOARD MEMBER AYASUN: It's just a light.
BOARD MEMBER RUBENSTEIN: Thank you.
CHAIRMAN KAUFMAN: Okay. Tom?
MR. IANDIMARINO: Thank you, Mr. Chairman.
For the record, Tom Iandimarino, director of Code Enforcement.
Ma'am?
MS. BOUQUET: Yes.
MR. IANDIMARINO: Do you currently -- how many RVs do
you currently have in the backyard?
MS. BOUQUET: Four.
MR. IANDIMARINO: Four. How many of those are currently
occupied?
MS. BOUQUET: None.
MR. IANDIMARINO: None? Okay. Are you currently
advertising for any RV rentals?
MS. BOUQUET: No, I'm not.
MR. IANDIMARINO: Nothing on Facebook? Nothing going
out there?
September 25, 2025
Page 42
MS. BOUQUET: No.
MR. IANDIMARINO: Okay. I do believe that we may have
seen a current -- recent advertisement for rental of RVs on your
property.
MS. BOUQUET: No.
MR. IANDIMARINO: And there are none now?
MS. BOUQUET: No.
MR. IANDIMARINO: And you do understand that you are
prohibited --
MS. BOUQUET: I am.
MR. IANDIMARINO: -- from renting any RVs in the
backyard?
MS. BOUQUET: Um-hmm.
MR. IANDIMARINO: So you cannot do what you have
apparently thought you could do.
MS. BOUQUET: Um-hmm, yeah.
MR. IANDIMARINO: Okay. All right. And you cannot
advertise for it either.
MS. BOUQUET: Um-hmm, I know.
MR. IANDIMARINO: Okay. Thank you. Nothing further.
CHAIRMAN KAUFMAN: Okay, Tom.
Okay. So it looks like, if we were to grant you a 90-day time
frame to get everything done, it should be sufficient time.
MR. BOONE: I believe so, yes.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion on this?
BOARD MEMBER ELROD: Should he read it into the record
first?
MR. NOELL: And I don't know if the -- Chair, if you want to
hear the recommendation from the County.
CHAIRMAN KAUFMAN: Yes, I do.
September 25, 2025
Page 43
Go ahead, Craig.
MR. COOPER: 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 the electrical pole and shed within blank
days of this hearing, or a fine of blank per day will be imposed until
the violation's 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. Anybody want to try filling
in the blanks?
(No response.)
CHAIRMAN KAUFMAN: If not, I will.
Give the respondent 90 days to come into compliance or -- and a
$250-a-day fine after that 90 days if it's not in compliance, and the
59.28 to be paid within 30 days.
BOARD MEMBER RUBENSTEIN: I'll second that.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
September 25, 2025
Page 44
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: (No verbal response.)
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. So you should be happy with the 90 days.
MR. BOONE: That will work. Thank you.
CHAIRMAN KAUFMAN: Good luck in getting it done.
MR. BOONE: Appreciate it.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: All right. Thank you.
CHAIRMAN KAUFMAN: Thanks, Craig.
MS. BUCHILLON: ***Okay. Next case, under old business,
motion for imposition of fines and liens, No. 2, CESD20230000261,
Cosme D. Alvarez and Maria I. Alvarez.
MR. ALVAREZ: 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. MATOS: I do.
MR. ALVAREZ: Yes.
MS. ALVAREZ: Yes.
CHAIRMAN KAUFMAN: Okay. Can you state your name on
the microphone for us, please.
MR. ALVAREZ: Yes. Edwin Alvarez. I'm here on behalf of
my father, Cosme Alvarez, and this is my mother, Maria Alvarez.
CHAIRMAN KAUFMAN: Okay.
MR. MATOS: My name is Jeremiah Matos, Collier County
Code Enforcement.
September 25, 2025
Page 45
CHAIRMAN KAUFMAN: Okay. Your case.
MR. MATOS: Past orders: On the April 25th, 2024, the Code
Enforcement Board issued a findings of fact, conclusions of law and
order. The respondent was found in violation of the referenced
ordinances and ordered to correct the violation. See the attached
order of the Board, OR6363, Page 862, for more information.
On September 26th, 2024, the Code Enforcement Board granted
an extension of time.
The violation has not been abated as of September 25th, 2025.
Fines have accrued at a rate of $200 per day for the period from
June 27th, 2025, to September 25th, 2025, for a total of 91 days, for a
total fine amount of $18,200.
Fines continue to accrue.
Previously assessed operational costs of 59.28 have been paid.
Operational costs for today's hearing, 59.63. Total amount,
$18,259.63.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. ALVAREZ: Yeah. I was one of the victims of Octavio
Sarmiento. So we -- when we met last -- this time last year, you had
given me an extension. I've ran into a series of issues with his
information still being on file in my portal and having to resubmit
new information. I did hire a new engineer in Ducker Construction.
I know it's a bad look in the sense that a year has passed and we
haven't made the progress that we should have made. But I've been
doing my due diligence. I go to the County office twice a month,
whether it be this one or the Immokalee location, to try to get the
appropriate permits or surveys completed. We just got the topo
survey complete. It took a month just to get that done.
I'm adamant and I'm compliant with the County. I want to get
this taken care of. It's just I do work a Monday through Friday, 9 to
5. My father is not in a position to assist with this matter, and my
September 25, 2025
Page 46
mother does not speak English or drive, for that matter.
So it's been a bit of a difficulty with the, you know, balance of
work and personal life and getting this completed.
But Jeremiah, who's been my case worker for about a month
now, has been very helpful with giving me up-to-date information as
far as what I need to complete. And not to speak for myself, but I
think Jeremiah can also agree that I've been very compliant. And I'm
doing my best to get everything taken care of as quickly as possible.
But, unfortunately, some of this stuff has been very time
consuming, and I feel like I've gotten mixed feedback from different
county officials as far as what I need to do, which contradicts, you
know, meeting with the next person the next time saying, "No, that's
not the right direction. You have to do this, this, and this," so...
CHAIRMAN KAUFMAN: And this original violation was
unpermitted structures built in the rear of the property.
MR. ALVAREZ: Correct.
CHAIRMAN KAUFMAN: Correct?
MR. ALVAREZ: Correct.
CHAIRMAN KAUFMAN: What are the structures for?
MR. ALVAREZ: It's a gazebo, and then there's an ADU in the
back of that unit. There's two different structures.
CHAIRMAN KAUFMAN: An ADU?
MR. ALVAREZ: Yeah, it's a work office.
CHAIRMAN KAUFMAN: Excuse me?
MR. ALVAREZ: A work office.
CHAIRMAN KAUFMAN: I'm not familiar with that.
MR. MATOS: He has a structure in the back that he converted
into an office for himself.
CHAIRMAN KAUFMAN: Okay. And it's being used now?
MR. ALVAREZ: It hasn't been in commission since this
process started. Just to play it safe and avoid any issues, we've not
September 25, 2025
Page 47
used that for the last two years.
CHAIRMAN KAUFMAN: Is there electrical in that?
MR. ALVAREZ: There is.
CHAIRMAN KAUFMAN: Is it turned on?
MR. MATOS: I haven't been inside of the unit.
MR. ALVAREZ: It has power.
CHAIRMAN KAUFMAN: Okay. That's Problem A.
So, I mean, we have a choice here on the Board to either impose
the fine or provide a continuance of some unspecified days. How
much time do you think you would need to get this into compliance?
MR. ALVAREZ: So even with that question, I've asked a
couple different county officials, and they all give me a gray answer
because it's really hard to determine how long some of these surveys
or permits take to pass and how many follow-up inspections. So I'm
asking for six months, if possible. Whatever you can give me, I will
fight tooth and nail to get it done as quickly as possible because I do
not want to get hit with any of these fees. I'm not in a position to
afford it.
We've already submitted $12,000 to Octavio, which was a
complete waste. So, yeah, it's been a bit of a headache, but six
months is what I'm asking for, if possible. If not, I understand, but
I'm willing to take whatever time you can give me.
CHAIRMAN KAUFMAN: Okay. I mean, this goes back --
MR. ALVAREZ: That first year was a complete waste. We
were told by him that he was actively working the report, that he was
actively meeting with county officials, which was all lies, so...
CHAIRMAN KAUFMAN: I understand. But since that
time -- that was a year in April.
MR. ALVAREZ: And if you log into my portal, there is active
activity going back -- I mean, like I said, I go to the Immokalee
office. I go to the one here in Naples. I am actively pursuing to try
September 25, 2025
Page 48
to, you know, pass this and get to the position we need to.
So, yeah, I apologize. There's no excuse, but I feel like I am
doing my due diligence, with all things aside.
CHAIRMAN KAUFMAN: So again I ask the question, how
long a time --
MR. ALVAREZ: Six months, if possible.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
BOARD MEMBER RUBENSTEIN: Yeah. I have a comment.
I have a question.
MR. ALVAREZ: Yes, sir.
BOARD MEMBER RUBENSTEIN: Do you plan on keeping
this structure in the back of the property?
MR. ALVAREZ: In a perfect world, that's the goal. We've
invested a lot of money into these structures. I know it's our mistake
for not getting the proper permits prior, but in a perfect world, I'd like
to keep them.
BOARD MEMBER RUBENSTEIN: Is it income property?
MR. ALVAREZ: I'm sorry?
BOARD MEMBER RUBENSTEIN: Is it rental property?
MR. ALVAREZ: No, no, no. Not at all. No.
BOARD MEMBER RUBENSTEIN: What's it being used for?
MR. ALVAREZ: A home office. And it hasn't been used for
the last two years. The gazebo is a gazebo, so -- but yeah, there's no
income. There's -- nobody's ever stayed there. We've never profited
off of that location for that ADU.
BOARD MEMBER RUBENSTEIN: My only comment
is -- and I heard what you said. I don't see much being done in the
last year and a half. I haven't seen you come before the Board and
talk about problems getting it in compliance.
MR. ALVAREZ: Sure.
September 25, 2025
Page 49
BOARD MEMBER RUBENSTEIN: So I have a hard time
believing that you will come in appliance.
MR. ALVAREZ: I mean, I'm not here to disagree with you or
argue with you. Obviously, this is -- reading this stuff and dealing
with this stuff is another language to me. It's completely out of my
wheelhouse, so I'm doing my best to try to get the proper people in
position to try to get these permits and surveys, and I feel like I have
done that. I've paid any surveyor or any fees I need to to get those
inspections completed. But I feel like every time I open the door,
you know, three other doors appear in front of me.
So I am trying. You have my word that I am doing my due
diligence. I am not in a position --
BOARD MEMBER RUBENSTEIN: And you're doing this all
on your own?
MR. ALVAREZ: Yes.
BOARD MEMBER RUBENSTEIN: You're not -- you didn't
hire a contractor to help you?
MR. ALVAREZ: We -- I have Ducker Construction, who's the
engineer who's assisting with blueprints and things of that nature.
He's been very helpful since I've hired him. He's helped me out to
the degree, but he's also -- I let him know, "Hey, I have a court
hearing on the 25th. They're -- you know, I'm potentially facing
fees."
He pretty much just said, "We have a ton of different people that
are in your position. We're doing our best to get you timely
resolutions, but let the Board know that it's a post-made structure, and
those are a little bit more complicated because of the extra work that
needs to be done." So...
BOARD MEMBER RUBENSTEIN: Do we have a picture of
this structure? I'm trying to visualize it.
MR. MATOS: I do not.
September 25, 2025
Page 50
BOARD MEMBER FUENTES: We're not here to hear the
case, though.
BOARD MEMBER RUBENSTEIN: How big is it?
MR. ALVAREZ: The ADU or the gazebo?
BOARD MEMBER RUBENSTEIN: The structure in question.
MR. ALVAREZ: Well, there's two. There's two different
structures.
BOARD MEMBER RUBENSTEIN: How big are they?
MR. ALVAREZ: I don't know, 15 feet by 15 feet for the
gazebo.
BOARD MEMBER RUBENSTEIN: Two of them?
MR. ALVAREZ: Just the gazebo, and then the ADU in the
back is a bit smaller. I'd probably say, I don't know, 10 feet by 8 feet.
BOARD MEMBER RUBENSTEIN: You pay taxes on that
property?
MR. ALVAREZ: Yes.
BOARD MEMBER RUBENSTEIN: You do? It shows on your
tax bill those additional structures?
MR. ALVAREZ: That I'm not aware. I don't -- I don't know.
Sorry.
CHAIRMAN KAUFMAN: I'd be surprised if you're paying
taxes on it if it hasn't been inspected --
MR. ALVAREZ: My apologies.
CHAIRMAN KAUFMAN: -- and it's not on the property card.
Do you agree with me, Jeff?
BOARD MEMBER RUBENSTEIN: It would be on the aerial.
MR. LETOURNEAU: I can't say if it's -- I don't have the
property card in front of me right now. I can't see if it's on there or
not.
A lot of times there's unpermitted sheds that are noticed by the
Property Appraisers and are added to the tax roll. I don't have it in
September 25, 2025
Page 51
front of me right now to --
CHAIRMAN KAUFMAN: Well, this one has electric in it, and
it's turned on today. At the very least, that needs to be turned off.
MR. LETOURNEAU: Well, I think that we're not hearing the
trial right now, again --
CHAIRMAN KAUFMAN: Right.
MR. LETOURNEAU: -- so I think we're just going to have to
decide whether you're going to impose or get a continuance at that
point.
CHAIRMAN KAUFMAN: Okay. I think six -- personally, I
think six months is too long a time. I understand the Octavia portion.
I'd be willing to grant, personally, a continuance of the three months
to see what -- and if -- see what's done between now and three
months to see whether or not additional time could be granted.
BOARD MEMBER RUBENSTEIN: Is that a motion? I'll
second it.
MR. NOELL: And that includes the ops cost of 59.63?
CHAIRMAN KAUFMAN: That's correct. 59.63 to be paid
within 30 days. We grant a continuance on this of 90 days.
BOARD MEMBER AYASUN: Motion and a second. We have
a second.
CHAIRMAN KAUFMAN: We have a second.
Anybody else want to say anything?
BOARD MEMBER FUENTES: Well, you did a continuance,
not an extension.
CHAIRMAN KAUFMAN: That's correct, continuance.
BOARD MEMBER FUENTES: Yeah.
CHAIRMAN KAUFMAN: Fines continue to accrue.
Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
September 25, 2025
Page 52
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. ALVAREZ: Thank you.
CHAIRMAN KAUFMAN: Terri, break?
THE COURT REPORTER: (Nods head.)
CHAIRMAN KAUFMAN: We're going to take a 10-minute
break now -- we'll be back in 10 minutes -- for the court reporter.
Thank you.
(A recess was had from 10:27 a.m. to 10:44 a.m.)
CHAIRMAN KAUFMAN: I'd like to call the Code
Enforcement Board back to order.
Who are we up to?
MS. BUCHILLON: First we have a change to the agenda.
CHAIRMAN KAUFMAN: We do?
MS. BUCHILLON: Yes, we do, sir.
BOARD MEMBER RUBENSTEIN: No.
MS. BUCHILLON: We're still under motion for imposition of
fines, No. 6, CESD20210002521, Juan Soto, has been withdrawn.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And then we're going to call the next case,
still under motion for imposition of fines and hearings [sic].
***Number 7, CESD20250001144, Arle Gonzalez.
CHAIRMAN KAUFMAN: We need to modify the agenda to
show that the other case was withdrawn.
BOARD MEMBER ELROD: I'm make a motion to modify the
September 25, 2025
Page 53
agenda.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
modify the agenda. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
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. COOPER: I do.
MR. GONZALEZ: I do.
MR. RIVES: I do.
CHAIRMAN KAUFMAN: Okay. Could you both put your
name on the microphone for us.
MR. RIVES: Yes, sir. Christopher Rives.
MR. GONZALEZ: Arle Gonzalez.
MR. COOPER: Craig Cooper, Collier County Code
Enforcement.
Past orders: On July 24th of 2025, 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 -- ordinances and ordered to correct the violation. See the
attached order of the Board, OR6498, Page 3068, for more
September 25, 2025
Page 54
information.
The violation has not been abated as of September 25th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $250 per day for a period from August 25th of 2025 to
September 25th of 2025, for 33 days, for a total fine amount of
$8,250.00.
Fines continue to accrue.
Previously assessed operational costs of $59.35 have been paid.
Operational costs for today's hearing are $59.35, for a total amount of
$8,309.35.
CHAIRMAN KAUFMAN: Okay. Okay. Your turn.
MR. RIVES: I'm translating for him.
CHAIRMAN KAUFMAN: Okay. Have you been sworn in as a
translator -- Terri?
THE COURT REPORTER: No.
Do you swear or affirm you will translate everything from
English into Spanish and Spanish into English to the best of your
ability?
MR. RIVES: I do.
CHAIRMAN KAUFMAN: Sir, when you translate, you have to
say into the microphone what you're saying to -- there you go.
MS. LORENZO: Speak into the microphone in Spanish as
you're telling him, and then in English. And if speaks in Spanish, he
can speak into the microphone also.
MR. RIVES: Okay.
MR. IANDIMARINO: Into the microphone, please. Thank
you.
MR. RIVES: So we had a -- we are trying to close a CO, and
we had several inspections that we had to do, but we're not -- we
were not able to complete them because we were -- the DEP said
that -- so first it was a -- at first we had to -- there was a replanting
September 25, 2025
Page 55
order because we had cut too many plants. And then they
had -- when they had come to inspect the site, they had said that we
had violated a wetlands agreement.
We met with them, and we have an email, actually, that there is
a consent order being drafted and reviewed. Once that is finalized,
we can complete all of the permits.
There was two permits, the right-of-way and the fencing that we
were supposedly told that once everything else was completed, those
two could be set apart so that we could complete the CO.
CHAIRMAN KAUFMAN: So this case was heard, what, three
months ago?
MR. COOPER: Yes, sir.
CHAIRMAN KAUFMAN: In the last three months, what have
you accomplished?
MR. RIVES: So in the last couple months, we've paid all the
fees that were required. We -- except for the trash. We have -- we
completed an inspection that was previously on hold because of the
DEP, and we believe that it was -- someone spoke and allowed it to
be completed.
There is the two inspections that we can't complete because of
the DEP, and the -- we've met with the DEP two times now, and we
had one on-call meeting. The consent form is being drafted.
After the consent form is drafted, we can complete those two
inspections. If -- we were previously told that once we paid all the
fees and completed the inspection that was previously on hold, which
was allowed to be completed, we could set aside those two
inspections and complete the CO until the DEP -- until we completed
the issues with the DEP.
CHAIRMAN KAUFMAN: I'm looking. It says -- on my
paperwork here, it says, permit so and so has expired with
outstanding conditions and unpaid fees. Is that true, there are unpaid
September 25, 2025
Page 56
fees on that permit, No. PRBD201, et cetera?
MR. COOPER: On Permit PRBD20170728286.
CHAIRMAN KAUFMAN: Six.
MR. COOPER: That's what we're here for -- and on July 24th.
The minute he left, he went and paid all the impact fees that same
day, and then he took care of the elevation issue on the property.
The only thing remaining on that property, it would be for the
curbside and solid waste, but that's already been paid for with the
impact fees.
Until you get a CO, there's no reason for you to have any
garbage cans. So I believe that's why that is still open -- remains
open.
Now, they have two other permits, PR -- PRROW20250311650.
This was for the second right-of-way that they -- an after-the-fact that
he installed on the property. They also had PRFW20250311659,
which is for a fence they installed in the center of the property.
Now, the first right-of-way permit, that expired yesterday, and I
informed them that they need to reactivate that permit going forward
no matter what. And the fence permit expires on the 27th, which
would be Saturday. And, once again, they need to reactivate or
extend that.
Now, they can't do anything, and they're kind of at a Catch 22.
They can't get the CO; therefore, they can't move forward with this
right-of-way permit or the fence permit. And they need to wait to get
the consent order from DEP. And once they determine that, the
property owner's plan to -- they need to submit a plan on how he's
going to abate the violations with the DEP for the overclearing, the
impact on wetlands.
So basically, he's at a standstill right now until DEP.
CHAIRMAN KAUFMAN: So has DEP -- has DEP indicated
how long it will be until they resolve your issues?
September 25, 2025
Page 57
MR. RIVES: So when we met with them, the day after we got
an email requesting a site plan, which was submitted on September
4th. It had -- we were informed that it would take around two weeks,
business days, to get that paper back to us so that we could then sign
it and then pay a fine of $420 for a permit that said that what we did
was -- as if they made an exception for us.
We -- it's been now -- it's the 25th, since the 4th, almost three
weeks, around three weeks, and we -- we got an email today saying
that it's still being drafting -- drafted and reviewed. So we have no
exact date, in reality, for when we will be getting that paper.
CHAIRMAN KAUFMAN: Okay. I know every time you go
for DRP [sic] or whatever --
BOARD MEMBER FUENTES: DEP, yeah.
CHAIRMAN KAUFMAN: -- it's a time-consuming thing.
What I'm looking for is when this thing can be resolved, a
reasonable amount of time to give the respondents to come into
compliance.
MR. COOPER: Well, didn't you show me that you received
a -- something from DEP about the consent order and what --
MR. RIVES: Yeah, that's the email.
MR. COOPER: Can you read that?
MR. RIVES: Yes, sir. We have the email right here. Do we --
MR. COOPER: Just read what you showed me this morning.
MR. RIVES: Okay. So we got an email from our consultant.
"Thank you for the call yesterday. As discussed, the consent order
has been drafted and is in the review chain. Once the consent order
finishes going through the review chain, you will receive it."
MR. COOPER: Then once they get the consent order, then they
have to make a decision how they're going to abate the violations
with DEP. And until they do that, they really can't do anything.
They're not going to get a CO. Then you're not going to get a CO
September 25, 2025
Page 58
until you finish the right-of-way and the fence permit.
CHAIRMAN KAUFMAN: Okay. Well, if they come up with a
solution for DEP --
MR. COOPER: Right.
CHAIRMAN KAUFMAN: -- at that point, we're on our way to
having everything done?
MR. COOPER: Yes. I mean, because for the CO, it's literally
down to these three things. They took care of everything else. You
know, 26,000, I think they paid in impact fees a couple months ago.
So they're really just down to, you know, DEP, which isn't easy, and
a right-of-way and a fence permit.
CHAIRMAN KAUFMAN: So I don't know what a reasonable
amount of time would be to grant the respondents.
MR. COOPER: I was just going to refer to my boss,
Mr. Letourneau, because, I -- I don't know.
MR. LETOURNEAU: Yeah. For the record, Jeff Letourneau,
Collier County Code Enforcement.
Just due to past experience with the code cases that involve a
DEP decision, I would definitely think six months at the least would
be prudent.
CHAIRMAN KAUFMAN: Well, they started it before. It
sounds like --
MR. LETOURNEAU: Right. But -- yeah, we're dealing with
quite a few cases that have DEP involved, and it's been difficult for
people. So my recommendation -- and we have no objection to six
months.
CHAIRMAN KAUFMAN: Okay. So we grant a continuance
on this for -- six months is acceptable to the County?
MR. LETOURNEAU: Yes, sir.
BOARD MEMBER AYASUN: And today's fees.
CHAIRMAN KAUFMAN: And today's fee of --
September 25, 2025
Page 59
BOARD MEMBER FUENTES: I'll make a motion to grant a
continuance for six months and that today's fees of 59.35 get paid
within 30 days.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: Are the fees going to continue to accrue?
CHAIRMAN KAUFMAN: Yes.
MR. COOPER: Okay.
CHAIRMAN KAUFMAN: That's continuance. Okay.
BOARD MEMBER ELROD: As soon as it gets done, though,
call him.
MR. RIVES: Yes, ma'am.
MR. LETOURNEAU: Yeah. If it gets done earlier, obviously,
we'll schedule it.
CHAIRMAN KAUFMAN: Okay. We have a motion.
BOARD MEMBER AYASUN: And a 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.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. RIVES: Thank you.
CHAIRMAN KAUFMAN: So you have six months, but if you
get it done -- and the fines keep going up. But if you get it done
tomorrow, then the fines stop. So it's in your best interest to get it
done as quickly as possible.
September 25, 2025
Page 60
MR. RIVES: Yes, sir. Thank you.
CHAIRMAN KAUFMAN: Okay.
MR. COOPER: Thank you.
CHAIRMAN KAUFMAN: Thanks, Craig.
MS. BUCHILLON: ***Next case, we are still under motion for
imposition of fines and liens, No. 14, CESD20240004693, Marisol
Morales Ponce.
CHAIRMAN KAUFMAN: Fourteen. This is imposition of
fines?
MS. BUCHILLON: Yes.
THE COURT REPORTER: Do you swear or affirm you will
translate everything from English into Spanish and Spanish into
English to the best of your ability?
MR. SIERRA: I swear.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MS. MORALES: I do.
THE COURT REPORTER: And your name?
MR. SIERRA: Luis.
THE COURT REPORTER: Luis what?
MR. SIERRA: Sierra, S-i-e-r-r-a.
THE COURT REPORTER: And your name?
MS. MORALES: Marisol Morales.
CHAIRMAN KAUFMAN: This is imposition of fines. This
says hearings.
MR. OWEN: Number 14, imposition of fines, Mr. Chairman.
CHAIRMAN KAUFMAN: Okay. Do you want read it into the
record for us?
MR. OWEN: I will, Chairman.
September 25, 2025
Page 61
For the record, Brian Owen, Collier County Code Enforcement.
Past orders: On October 24th, 2024, the Code Enforcement
Board issued a finding of facts, conclusions of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6417, PG368, for more information.
On April 24th, 2025, the Code Enforcement Board granted a
continuance.
The violation has not been abated as of September 25th, 2025.
Fines and costs to date are as followed [sic]: Part 1, abate by
October 30th, 2024, within the compliance deadline. Part 2, fines
have accrued at a rate of $400 per day from a period of January 23rd,
2025, to September 25th, 2025, 246 days, for a total fine amount of
$98,400.
Fines continue to accrue.
Previously assessed operational costs of 59.28 has been paid,
previous assessed operational costs of 59.42 has not been paid, and
operational costs for today's hearing is 59.63. Total fine amount of
$98,519.05.
CHAIRMAN KAUFMAN: Could you both state your name on
the microphone for us?
MR. SIERRA: Luis.
CHAIRMAN KAUFMAN: I can't hear you.
MR. SIERRA: Luis.
CHAIRMAN KAUFMAN: Luis?
MR. SIERRA: Yes. Marisol.
MS. MORALES: Marisol.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: Operational costs were not
paid.
CHAIRMAN KAUFMAN: Is there a reason why you didn't pay
September 25, 2025
Page 62
the operational costs at the last hearing?
MR. SIERRA: She just told me that she didn't realize. She
thought that she already paid it. She didn't know. But apparently she
paid it, but she didn't realize that it wasn't paid. I'm pretty sure the
paper's online.
MR. OWEN: But, Chairman, if the County may chime in real
quick. We have had some success with a demolition permit to abate
part of a violation and another permit in progress of inspections that
abated a separate part of the violations, and then we're waiting on two
permits to kind of be looked at again, because she has to turn in some
additional information to get two shed permits taken care of. So she's
working towards abatement. It's just taking a little while.
CHAIRMAN KAUFMAN: Okay. But in the meantime the
fines accrued at $98,000. Okay.
When do you think -- I could ask you, or I can ask them: When
do you think this will be resolved?
Can you speak into the microphone?
MR. SIERRA: Are we talking about the sheds or the garage?
CHAIRMAN KAUFMAN: All of it.
MR. OWEN: All the -- you've got to have everything taken care
of.
CHAIRMAN KAUFMAN: Everything.
MR. SIERRA: For the garage thing, we're just waiting for the
smoke detectors, and it will be put this weekend, and for the shed,
we're just waiting for the approval or whatever the County say.
CHAIRMAN KAUFMAN: So how long do you think until
you --
MR. SIERRA: More than six months or six months.
CHAIRMAN KAUFMAN: I can't hear.
MR. SIERRA: Six months or more than six months.
CHAIRMAN KAUFMAN: Six months to do the smoke
September 25, 2025
Page 63
detectors?
MR. SIERRA: No. That will be done for this weekend. I'm
saying in total, the whole -- everything to be solved. Because we're
waiting for the electricity and the sheds paper to be approved.
CHAIRMAN KAUFMAN: When were they submitted?
MR. SIERRA: They were already submitted. We're just
waiting for the feedback for it to be returned. We are working on it.
MR. OWEN: So sheds were submitted in late '24 and early '25.
They've just gone into -- in and out of rejected status due to
corrections letters being responded to. So currently, we're waiting for
another response to corrections letters.
BOARD MEMBER FUENTES: They're actively trying to
come into compliance?
MR. OWEN: Yes, sir, I would agree.
BOARD MEMBER FUENTES: Yeah. I guess I'll make a
motion for a continuance. I'm probably not going to go as high as a
year or anything, but I'll go ahead, and I'll grant a continuance for six
months and that today's operational costs and the prior operational
costs -- she needs to get those things paid. Typically when they're
not paid, we don't hear it, and we just impose the fines.
MR. SIERRA: Appreciate it.
BOARD MEMBER FUENTES: So we're trying to work with
you guys here. She needs to pay the prior operational costs, which
were 59.42, and today's operational costs of 59.63. That needs to get
paid, both of those, within 30 days.
MR. SIERRA: Thank you.
BOARD MEMBER ELROD: Second.
BOARD MEMBER AYASUN: You have a second.
CHAIRMAN KAUFMAN: Okay. We have a motion, and we
have a second. All those in favor?
BOARD MEMBER ELROD: Aye.
September 25, 2025
Page 64
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: Okay. It carries.
MR. SIERRA: Appreciate it.
CHAIRMAN KAUFMAN: So you have six months.
MR. SIERRA: Thank you.
CHAIRMAN KAUFMAN: But in six months, we hope you
have everything done. I mean, these fines are huge, as you well
know.
BOARD MEMBER RUBENSTEIN: I have a question.
MR. SIERRA: Hopefully. Thank you.
BOARD MEMBER RUBENSTEIN: I didn't get my question
in.
MR. SIERRA: Yes.
CHAIRMAN KAUFMAN: Go ahead.
BOARD MEMBER RUBENSTEIN: Who's residing in this
property?
MR. SIERRA: Residing?
BOARD MEMBER RUBENSTEIN: Who's living here?
MR. SIERRA: Her, me, and my grandma.
Yeah. It's just me and her, and my grandma just go between my
house and --
BOARD MEMBER RUBENSTEIN: So you and her are living
here?
MR. SIERRA: Yes. So she is basically saying it's me and her
and it's basically her alone through this thing, so that's why --
CHAIRMAN KAUFMAN: I can't hear you. You need to speak
September 25, 2025
Page 65
into the microphone.
MR. SIERRA: I'm sorry about that. I'm just trying to be in the
middle so you guys can hear her, too.
She's just translating that it's basically us two alone, and she's
just working the process as much as she can. That's what she's
saying. I'm just translating.
CHAIRMAN KAUFMAN: Okay. Well, you know what -- the
clock is ticking right now, and every time it ticks the fines go up.
MR. SIERRA: Gets bigger, yeah. Thank you.
CHAIRMAN KAUFMAN: Okay? So it's in your best interest
to get it done as quickly as possible.
MR. SIERRA: It is.
BOARD MEMBER RUBENSTEIN: Have you thought about
obtaining a contractor to get you through all this stuff?
MR. SIERRA: She's really thinking about it -- she's really
thinking about it because her alone haven't been able to complete the
process, so she's really thinking about it.
BOARD MEMBER RUBENSTEIN: Thank you.
CHAIRMAN KAUFMAN: Okay.
MR. SIERRA: Thank you.
CHAIRMAN KAUFMAN: Thank you.
Okay. Helen, what does that bring us to?
MS. BUCHILLON: We actually have just three regular cases
and two imposition of fines with respondents not present, and then
that's it. Okay.
CHAIRMAN KAUFMAN: Do you want to do the impositions
first and get rid of them?
MS. BUCHILLON: Do you want to do the impositions first?
Okay.
BOARD MEMBER FUENTES: I love impositions.
MS. BUCHILLON: No problem.
September 25, 2025
Page 66
***Okay. Under motion for imposition of fines and liens, No.
5, CESD20230003365, DHome Builders, Inc.
BOARD MEMBER FUENTES: Brian, I don't get it.
MR. OWEN: I'm just busy, sir.
BOARD MEMBER FUENTES: It's great to see you're
proactive, though. That's awesome.
CHAIRMAN KAUFMAN: Okay. Let the record reflect the
respondent is not present.
MS. BUCHILLON: For the record, respondents were notified
regular and certified mail September 8th, 2025, and it was also posted
at the property and courthouse September 8th, 2025.
CHAIRMAN KAUFMAN: Before you even read through this,
what I'm looking at, real quickly, it said the violation has been
abated, but the operational costs have not been paid; is that correct?
MR. OWEN: That is correct, sir.
CHAIRMAN KAUFMAN: So they pay the operational costs,
everything Jake?
MR. OWEN: (Nods head.)
CHAIRMAN KAUFMAN: Yep. Okay.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
CHAIRMAN KAUFMAN: Okay. Brian, do you want to read it
into the record for us, please?
MR. OWEN: Yes, Chairman. Brian Owen, Collier County
Code Enforcement.
Past order: On March 27th, 2025, the Code Enforcement Board
issued a findings of facts, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See attached order of the Board,
September 25, 2025
Page 67
OR6457, PG727, for more information.
The violation has been abated as of May 19th, 2025.
Fines and costs to date are as followed: Previously assessed
operational costs of 59.28 have not been paid. Operational costs for
today's hearing is 59.28, for a total fine amount of $118.56.
The gravity of the violation is not health and safety.
Actions taken by the violator to correct are certificate of
completion for Demolition Permit PRDM20250418627.
Any previously -- previous violations committed by the
respondent are adjudi -- Case CENA20230003369.
And there are no other relevant factors.
BOARD MEMBER FUENTES: What do you guys --
CHAIRMAN KAUFMAN: Have you been in contact with
them?
MR. OWEN: So her phone number is disconnected. The
hearing notice was posted -- still posted on the door with my little
handwritten note of, "Just pay the 59.28, and I'll pull your case." And
then I posted another orange tag saying "Pay the 59.28, or it's going
to double on you," and --
BOARD MEMBER FUENTES: Would it be worth us
just -- kind of came into compliance; they made the effort. We can't
get ahold of her. Maybe something happened.
MR. LETOURNEAU: The County would object to that. We're
asking for our operational costs.
CHAIRMAN KAUFMAN: Damn.
MR. NOELL: I mean, the Board -- the Board has the
decision-making authority, ultimately.
MR. LETOURNEAU: Correct. Right. Yeah, yeah.
BOARD MEMBER FUENTES: I think --
MR. NOELL: As the County -- that's the recommendation, but
the Board has --
September 25, 2025
Page 68
BOARD MEMBER FUENTES: This is kind of where I stand
on this. I don't know how you guys feel, but I love when people
come into compliance.
CHAIRMAN KAUFMAN: Could you write another note and
put it on the door?
MR. OWEN: So on the case CENA, she also had the problem
of didn't pay the operational costs. I made her aware of it. She got
that paid to avoid coming to another hearing for enforcement of the
operational costs.
I don't know if she's on vacation. I'm really not sure what's
going on because, again, the phone number for her in the case file is
disconnected, and both documents are on the front door. She has an
older daughter. She wasn't at the residence. So --
CHAIRMAN KAUFMAN: What is DHome Builders?
MR. OWEN: That's who is on the deed, sir. And that's out
of -- so what I did is research that in Sunbiz. It comes back to an
address in Lehigh Acres. That address is actually an empty lot. I
looked up that empty lot owner's name, and that actually goes back to
a gentleman in the United Kingdom. So it's kind of a runaround.
And I did my due diligence of trying to find someone responsible for
the property, but to no avail. Could not.
CHAIRMAN KAUFMAN: Okay. I make a motion we impose
the fine, then we're done with it.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: Any problems?
BOARD MEMBER FUENTES: I just --
BOARD MEMBER AYASUN: Fine or --
BOARD MEMBER FUENTES: You've got somebody who
came into compliance. That's rough. But if that's the route you want
to go...
CHAIRMAN KAUFMAN: Well, it's not done, and it's not done
September 25, 2025
Page 69
until the paperwork's done. And this case, you said -- you went out
of your way to notify them. I don't know what else you can do.
BOARD MEMBER FUENTES: I get it. I get it. All right. All
right.
CHAIRMAN KAUFMAN: So I made a motion.
BOARD MEMBER RUBENSTEIN: Second.
CHAIRMAN KAUFMAN: We got a second. All those in
favor?
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: (No verbal response.)
CHAIRMAN KAUFMAN: (No verbal response.)
Opposed?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER FUENTES: Nay.
BOARD MEMBER DOINO: (No verbal response.)
CHAIRMAN KAUFMAN: Okay. Two nays.
BOARD MEMBER ELROD: Aye.
BOARD MEMBER FUENTES: Nay. Two.
CHAIRMAN KAUFMAN: Two nays. The ayes have it. It's
imposed.
BOARD MEMBER FUENTES: How many nays do we have?
The number I count is four.
CHAIRMAN KAUFMAN: How may ayes? One, two, three.
BOARD MEMBER FUENTES: What did you vote?
BOARD MEMBER DOINO: Nay.
CHAIRMAN KAUFMAN: Oh, he went "nay." So it's 3-3.
BOARD MEMBER RUBENSTEIN: What was your question?
CHAIRMAN KAUFMAN: Three. Then it fails.
BOARD MEMBER FUENTES: It fails.
CHAIRMAN KAUFMAN: Okay. That's why we have six
people here. You're supposed to have an odd number.
September 25, 2025
Page 70
Jeff.
MR. LETOURNEAU: For the record, Jeff Letourneau, Collier
County Code Enforcement.
The County's recommendation would be that you're holding
everybody else's feet to the fire on these operational costs, and now
we can't get ahold of somebody. We do our due diligence, Brian's
running around trying to find these people, and then you're going to
waive that on them? I just don't think that's fair at this point.
CHAIRMAN KAUFMAN: Okay.
MR. IANDIMARINO: Also, Mr. Chairman, if I may. Director
Tom Iandimarino.
The reality of it is is we'll place a lien on the property for $118
and change, and eventually they'll pay it when they sell the property.
CHAIRMAN KAUFMAN: All right.
BOARD MEMBER FUENTES: Whatever, Jeff.
CHAIRMAN KAUFMAN: Okay. We'll vote again. All those
in favor of the original motion?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It passes unanimously.
Okay. Are you done, Brian?
MR. OWEN: No, sir.
MS. BUCHILLON: Not yet. He's got more.
CHAIRMAN KAUFMAN: What's the next case, Helen?
MS. BUCHILLON: ***Next case, we're still under motion for
September 25, 2025
Page 71
imposition of fines and liens. Number 8, CESD20240003478,
Monica Zamorano Trujillo and Camila Borja.
CHAIRMAN KAUFMAN: Let the record reflect the
respondent is not present. Notification was done.
MS. BUCHILLON: For the record, respondents were notified
regular and certified mail September 8th, 2025, and it was also posted
at the property and courthouse September 8th, 2025.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. HOLMES: I do.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us?
MR. HOLMES: I'd be delighted.
All right. For the record, Bradley Holmes, Collier County Code
Enforcement.
Past orders: On May 22nd, 2025, the Code Enforcement Board
issued a findings of fact, conclusions of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6475, Page 3913, for more information.
The violation has not been abated as of September 25th, 2025.
Fines and costs to date are as follows: Part 1, fines have accrued
at a rate of $250 per day for the period from June 22nd, 2025, to
September 25th, 2025, 96 days, for a total fine amount of $24,000.
Part 2, fines have accrued at a rate of $500 per day for the period
May 30th, 2025, to September 25th, 2025, 119 days, for a total fine
amount of $59,500.
Fines continue to accrue.
Previously assessed operational costs of $59.28 have not been
paid. Operational costs for today's hearing, $59.49. Total amount,
September 25, 2025
Page 72
$83,618.77.
CHAIRMAN KAUFMAN: Have you been in touch with the
respondent at all?
MR. HOLMES: So I attempted to -- this was -- I'm being, I
guess -- I'm covering the case for the area investigator while he's out.
Doing due diligence ahead of the hearing, I attempted contact at the
residence and, as well, left a door tag. No answer at the door. I did
receive a callback, though, yesterday evening after hours, in a
simplified version, stating disinterest in missing a day of work to
come to court, banking on that they have a reactivated permit. So I
attempted to call back this morning. No answer to my voicemail
since.
Looking at the unpaid operational costs and then as well as
looking at case entries, one of -- well, I have several, first of which
dated June 2nd, 2025, the investigator was reaching out to get in
contact with the respondent inquiring as to why she hadn't attended
the last hearing. She stated she was good after getting the permit
reactivated. And then they discussed the outcomes and that the area
needed to be vacated and the utilities be turned off.
The -- requested that she do so and then arranged for another site
inspection. That next site inspection came along. She stated that the
garage did not -- has been vacated, and then -- but the utilities had not
been turned off yet, stating basically that the electrical was run or
interlaced into other parts of the home so it couldn't be turned off
without affecting the rest of the home. Stated she was going to be
getting an electrical contractor to make corrections.
The last follow-up after that was that the anticipated electrical
work had not been completed as stated or -- as she had stated;
therefore, not being in compliance, not ready for inspection, and she'd
been unreachable.
BOARD MEMBER FUENTES: I'll just make a motion to
September 25, 2025
Page 73
impose the imposition of fines.
CHAIRMAN KAUFMAN: I'll second it. Okay. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You tried everything.
MR. HOLMES: Yes.
MS. BUCHILLON: And fines continue to accrue.
CHAIRMAN KAUFMAN: We impose the fines, and we're
done with it.
BOARD MEMBER DOINO: No, but fines continue to accrue
even though we imposed them.
BOARD MEMBER FUENTES: I think we deserve a raise.
BOARD MEMBER RUBENSTEIN: Bob, I have a question for
Jeff on this past case.
CHAIRMAN KAUFMAN: Sure.
BOARD MEMBER RUBENSTEIN: Bradley said that the
electric for the garage was hooked up from the house to the garage.
MR. LETOURNEAU: Yeah. I believe that the respondent told
the investigator that they couldn't turn it off due to the fact that
the -- if they turned it off in the garage, it would affect other areas of
the house.
BOARD MEMBER RUBENSTEIN: So it's an illegal electrical
hookup?
September 25, 2025
Page 74
MR. LETOURNEAU: Yeah. I would assume that if it would
have been permitted in the first place, that wouldn't have been the
situation, because they would have been able to turn the garage off by
itself.
BOARD MEMBER RUBENSTEIN: Does this electrical
hookup cause a problem electrically for that structure?
MR. LETOURNEAU: Well, I mean, I haven't been there, so I
can't -- I can't say whether or not it's safe. I don't know who -- I don't
know who installed it. Obviously, the order was to turn the garage
off because the County and the Board felt it was a safety issue. So
that's where that -- if they can't turn it off, then they're subject to the
fines, which just got imposed on them.
BOARD MEMBER RUBENSTEIN: Can we request for that
electrical to be shut off?
MR. LETOURNEAU: We have requested, and they didn't do it,
so they got fined and imposed, by a lot of money.
CHAIRMAN KAUFMAN: Yeah.
MR. LETOURNEAU: And I'll also say if you can't take off
from work to come and try to explain a -- you know, I don't
know -- how much was the imposition?
BOARD MEMBER ELROD: 83,000.
MR. LETOURNEAU: So, yeah. I mean, was one day of work
worth an $83,000 imposition? I don't think so.
CHAIRMAN KAUFMAN: I thought the same thing.
Okay. That takes care of that case.
What have we got left, Helen?
MS. BUCHILLON: ***We've got left -- we're back under
public hearings, hearings, No. 7 CESD20240010750, Jecenia
Narvaez and Anthony Narvaez.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
September 25, 2025
Page 75
but the truth?
MR. MARINOS: I do.
MS. BUCHILLON: And just for the record, respondents were
notified regular and certified mail September 10, 2025, and it was
also posted at the property and courthouse September 10, 2025.
CHAIRMAN KAUFMAN: Okay. Good morning.
MR. MARINOS: Good morning.
CHAIRMAN KAUFMAN: You're all by yourself today.
MR. MARINOS: Yes, sir. Not sure why. I talked to them at
8:45, and they swore they were just a few minutes away. Here we
are.
CHAIRMAN KAUFMAN: Let the record reflect that the
respondent's not present.
MR. MARINOS: All right. For the record, Investigator Chuck
Marinos, Collier County Code Enforcement.
This is in reference to Case No. CESD20240010750 dealing
with violation of the Collier County Land Development Code 04-41,
as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e),
Section 10.02.06(B)(1)(e)(i), an improved Estate-zoned property with
a large shed with a roll-up door and electrical service and a large
chicken coop erected without permits located at 985 20th Street
Southeast, Naples, Florida 34117. Folio 53263000043.
Service was given on December 9th, 2024.
This case originated as a complaint on 05 December 2024. I
met with the property owner, Mr. Anthony Narvaez, to complete an
inspection for a reported unpermitted outbuilding with utilities. I
found two sheds on site, one with electrical and a chicken coop.
After research, I found no record of permits for either -- for any of
these structures.
A building determination was conducted on 06 December 2024.
Determination found that permits are required.
September 25, 2025
Page 76
A notice of violation was prepared and served on
09 December 2024.
Since that time, the smaller shed with no electrical has been
removed from the premises. A permit for the relocation and
permitting of the chicken coop was applied for, and inspections are
completed, and a permit for the shed and electrical was applied for on
22 August of 2025.
Mr. Narvaez had remained in constant communication, and as of
23 September 2025, the violation remains.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: I would now like to present case evidence in
the following exhibits: One building determination showing permits
required, five pictures taken by myself on 05 December 2025
showing initial conditions, two pictures taken by myself on the 21st
of August 2025 showing reinspection conditions.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board to accept the photos.
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.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. MARINOS: All right. This is the building determination,
September 25, 2025
Page 77
improved Estates-zoned property with a small shed on a pad, a
second large shed on a pad with electrical service, and large chicken
coop in the rear all without perming. Permits required for all
structures.
This is from 05 December 2024. There is the larger shed.
That's the one with electrical. This is the interior. You can see the
lights and a couple of other tools on site. Outside view of it with a
roll-up door.
This is the smaller shed. This is one that is now removed, and
that is the chicken coop in the very back of the property.
This is from the 21st of August 2025. That is where the small
shed had been sitting that is now removed, and that is where the
chicken coop had originally been located. It was relocated because
they determined during the permitting process its position was not
going to be legal, so they had to relocate and then get it permitted.
CHAIRMAN KAUFMAN: Okay.
MR. MARINOS: That's all I've got for you, sir.
CHAIRMAN KAUFMAN: When you spoke with the
respondent and asked if it was permitted, he said?
MR. MARINOS: Oh, he responded that he didn't realize he
needed permits for the chicken coop, and the shed he thought, since it
was a premanufactured product, he just didn't understand it needed
permits.
CHAIRMAN KAUFMAN: Okay. All right. Well, do you have
a recommendation? First of all, I'd like a motion from the Board if a
violation exists.
BOARD MEMBER ELROD: I'll make a motion a violation
exists.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
September 25, 2025
Page 78
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. And you have a recommendation for us?
MR. MARINOS: Yes, sir.
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, inspection and certificate of
completions/occupancy for the unpermitted shed with electrical and a
chicken coop within blank days of this hearing, or a fine of blank per
day will be imposed until the violation is abated; and,
Two, that the respondent must notify Code Enforcement 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 ELROD: Question. I thought you said the
chicken coop was done.
MR. MARINOS: The chicken coop permit is "inspection
completed" but not finaled yet, so it still needs to get the final bit of
September 25, 2025
Page 79
the way there.
BOARD MEMBER ELROD: Okay.
CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the
blanks?
(No response.)
CHAIRMAN KAUFMAN: If not, let me try. 59.28 to be paid
within 30 days. The -- I would say 90 days to come into compliance,
all the permits that are required. It looks like what was done there
has been done very neatly, so...
MR. MARINOS: Yes. It's not poorly constructed. It just needs
to get the permits.
CHAIRMAN KAUFMAN: So we give him 90 days to get it all
done, or a fine of $200 a day thereafter.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion. We
have a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: (No verbal response.)
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MR. MARINOS: Thank you.
MS. BUCHILLON: ***Next case, No. 8, CENA20250008388,
Keilys Rivero Alonzo.
CHAIRMAN KAUFMAN: This looks like Brian's swansong.
It's the last one.
September 25, 2025
Page 80
MS. BUCHILLON: It is his last 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. OWEN: I do.
CHAIRMAN KAUFMAN: Let the record reflect that the
respondent is not present.
MS. BUCHILLON: For the record, respondent was notified
regular and certified mail September 8th, 2025, and it was also posted
at the property and courthouse September 5th [sic], 2025.
CHAIRMAN KAUFMAN: Okay. Brian, you're up.
MR. OWEN: For the record, Brian Owen, Collier County Code
Enforcement.
This is in reference to Case No. CENA20250008388 dealing
with violations of Collier County Land Development Code, as
amended, Section 1.04.1(A), Section 2.02.03, and Collier County
Codes of Laws, Chapter 54, Environmental, Article VI, weeds, litter,
and exotics, Section 54-181 and Section 54-179.
Violations consist of, but not limited to, the following: Trash
and litter in the east tree line, vegetation waste in the west tree line,
kitchen countertops stored outside on racks, and trash cans not being
returned to the residence after pickup.
Location of the violation is 263 14th Avenue Northwest, Naples,
Florida 34120. Folio 37546520004.
Service was given on July 23rd, 2025.
Case CENA20250008388 was open on July 14th, 2025, for a
complaint for trash on property.
I made my initial inspection on July 15th, 2025. On this day, I
observed trash and litter in the right-of-way and in both tree lines
beside the driveway. I left an orange door tag indicating the
violations and that they needed to be resolved.
September 25, 2025
Page 81
I returned on July 22nd, 2025, and conducted another inspection,
and I observed no changes in the violations.
Notice of violation was prepared and served on July 23rd, 2025.
I reinspected after the notice of violation on August 4th, 2025.
The trash in the tree lines remain, countertops remain on storage
racks.
Case was prepared for a hearing at that time.
And then on September 24th, 2025, during my prehearing
inspection, it showed the trash and litters to be remaining in the west
and east tree line, trash in the right-of-way, and counter materials still
on their storage racks.
For evidence, I have two photos taken by myself on July 15th,
2025, during initial inspection; two photos taken on July 22nd, 2025,
as my follow-up; and then on August 4th, I have three photos for my
reinspection; one deed proving ownership; and then six photos taken
by me on September 24th, 2025, during prehearing inspection.
CHAIRMAN KAUFMAN: Can I get a motion from the Board
to accept the photos.
BOARD MEMBER ELROD: I 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.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
September 25, 2025
Page 82
Okay, Brian.
MR. OWEN: So this is the address. You can see the storage of
the countertop materials in the front of the house, trash cans not
returned after trash pickup, trash in the right-of-way on my initial
inspection, and then on the 22nd, I noticed trash in the east tree line,
palm fronds stored, which turns into pretty much litter in the west
tree line.
And then on August 4th, after the notice of violation, during
compliance check, trash remained in the east tree line, palm fronds
remained in the west tree line, trash can still at the curb and not
brought to the house. Countertops still on their storage racks in the
front yard.
And then during prehearing yesterday, storage racks still in their
same spots, palm fronds still on the west tree line, trash harder to see
because vegetation has now grown, more trash, and trash can still at
the curb.
CHAIRMAN KAUFMAN: Have you spoken with them?
MR. OWEN: I spoke to the daughter, because both parents
don't speak English, and I informed them that, you know, they
needed to clean up the property. And the daughter explained the
notice of violation, and I actually got the parent -- the owner to sign
the notice of violation.
CHAIRMAN KAUFMAN: Okay. The garbage out at the
curb --
MR. OWEN: Um-hmm.
CHAIRMAN KAUFMAN: -- do you have any idea if they go
back to the house and then go back out to the curb, or they just stay --
MR. OWEN: They don't. I'll actually be turning that over to
Waste Management's -- enforcement -- code enforcement team for
them to enforce that provision.
CHAIRMAN KAUFMAN: Is that house habitated?
September 25, 2025
Page 83
MR. OWEN: It is.
CHAIRMAN KAUFMAN: I know. It's a mystery to me, too.
MR. OWEN: Me, as well.
CHAIRMAN KAUFMAN: Where does the garbage go?
Maybe they're mailing it.
BOARD MEMBER ELROD: Make a motion that a violation
exists.
CHAIRMAN KAUFMAN: Yes.
BOARD MEMBER RUBENSTEIN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second that
a violation exists. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: (No verbal response.)
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Okay. Now, do you have a
recommendation for us?
MR. OWEN: Absolutely. Would you like me to read it?
CHAIRMAN KAUFMAN: Yes, please.
MR. OWEN: 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, removing all unauthorized accumulation of litter and other
items not permitted for outside storage to a site designated for such
use and store desired items in a completely enclosed structure within
blank amount of days of this hearing, or a fine of blank amount of
September 25, 2025
Page 84
dollars will be imposed for each day the violation remains;
Two, 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 methods to
bring the violation into compliance and may use the assistance of the
Collier County Sheriff's Office to enforce the provisions of this order,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Let me make the motion.
59.28 to be paid within 30 days. This needs to come into compliance
within 30 days, and if it doesn't, it's $100 a day after that.
BOARD MEMBER FUENTES: Second, yeah.
CHAIRMAN KAUFMAN: We have a second. Any discussion
on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: (No verbal response.)
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Are you finished for the day, Brian?
MR. OWEN: Yes, sir, I am.
CHAIRMAN KAUFMAN: Great.
Helen, are we finished for the day?
MS. BUCHILLON: No. We have one more case. That's it.
***Last case, No. 11 CECV20240011004, John C. Johnson and
September 25, 2025
Page 85
Terri M. Aaland.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. HOLMES: I do.
MS. BUCHILLON: And for the record, respondents were
notified regular and certified mail September 8th, 2025, and it was
also posted at the property and courthouse September 11th, 2025.
CHAIRMAN KAUFMAN: Okay. And let the record reflect the
respondent is not present. This one looks familiar to me for some
reason.
MR. HOLMES: I'm not sure why, unless maybe you've heard
cases on this property before.
CHAIRMAN KAUFMAN: Okay.
MR. HOLMES: Let's find out.
CHAIRMAN KAUFMAN: Okay.
MR. HOLMES: For the record, Bradley Holmes, Collier
County Code Enforcement.
This is in reference to Case No. CECV20240011004 dealing
with violation of the Collier County Land Development Code 04-41,
as amended, Sections 10.01.00(A), 10.02.03(A)(2)(d),
10.02.06(B)(1)(a), and 10.02.06 (B)(1)(e)(i), addressing unpermitted
roof addition with integrated bar-style seating and an unapproved
picnic table seating area located at 42435 Collier Boulevard, 101,
Naples, Florida 34116. Folio No. 67130000023.
Service was given on January 8th, 2025, with a notice of
violation being posted on the property and at the courthouse, as well
the notice of violation was mailed via certified and regular mail to the
property owner.
President -- excuse me. The details are as follows: This case
began as a complaint from the Florida Department of Business and
September 25, 2025
Page 86
Professional Regulation after they investigated unapproved alcoholic
beverage consumption on site.
I was asked to investigate if they had any approvals for the
seating that was on site. After conducting research, it was found that
they did not have the necessary permits and/or approvals for the
seating present on site, which included bar-style seating that was built
into a roof addition and a picnic table area between the Lucky Dawg's
unit and the sidewalk along Collier Boulevard.
A notice of violation was then issued requiring that they obtain
any required permits, demolition permit, and Collier County
approvals for the aforementioned improvements on site.
Following the issuance of the NOV, contact was made with both
the Lucky Dawg's operator and the property owner, including
in-person meetings. After the meetings and discussions, it appeared
that they understood what was required and stated they would begin
the process.
At the time the case was prepared for an enforcement hearing,
no permits/zoning applications were on file to address the violations,
and as of my prehearing inspection conducted on September 24th,
2025, the violations remain.
A permit, Permit No. PRCS20250937989, is on file with an
application date of 9/4/2025, and the current status is "fees paid
GMD," or at that time of inspection.
The evidence that I have are Google Street View snapshots from
May 2015 and December 2018, as well as a photo taken by myself on
July 17th, 2025.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board to accept the photos.
BOARD MEMBER ELROD: I'll make a motion to accept the
photos.
BOARD MEMBER RUBENSTEIN: Second.
September 25, 2025
Page 87
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: (Absent for vote.)
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Okay. Carries.
MR. HOLMES: All right. So I'm going to start with the
May 5th, 2015, Google Street View. This kind of gives you a
ground-zero appearance of the property. Okay. This is the area
which we're addressing.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: Oh, man. I love their food.
Got some good hot dogs there.
MR. HOLMES: So this is the picnic table area, and then they
have bar-style seating that was built into this new roof addition. And
then this was taken in July of this year just showing that everything is
still present on site.
BOARD MEMBER FUENTES: Good photo right there.
MR. HOLMES: Thanks, John.
BOARD MEMBER ELROD: Is that your car?
CHAIRMAN KAUFMAN: Okay. First things first.
BOARD MEMBER ELROD: I'll make a motion a violation
exists.
CHAIRMAN KAUFMAN: We have a motion --
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: -- and a second that a violation
exists. All those in favor?
September 25, 2025
Page 88
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER DOINO: (Absent for vote.)
CHAIRMAN KAUFMAN: Opposed?
(No response.)
BOARD MEMBER FUENTES: Nay.
I used to sit there, like when I worked in Code Enforcement.
This is terrible. Like, that was my lunch spot.
MR. NOELL: I don't think that rises to a level of a conflict.
CHAIRMAN KAUFMAN: You and the table are in violation.
BOARD MEMBER FUENTES: We're in violation.
CHAIRMAN KAUFMAN: Okay. Do you have a
recommendation for us?
MR. HOLMES: I do; 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 approvals, Site
Development Plans, Site Improvement Plans, building permits, or
demolition permit, inspections, and certificates of
completion/occupancy for the picnic table seating area, bar-style
seating, and roof addition 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 Code Enforcement 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
September 25, 2025
Page 89
costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Could you go back to the
picture showing the blue canopy on the top and the table in the front.
Okay. So they put that canopy up without a permit, is that it?
MR. HOLMES: Correct.
CHAIRMAN KAUFMAN: Okay. And the tables that are
sitting out there, if they picked those up and moved them away, that
part of the violation would go away?
MR. HOLMES: (Nods head.)
CHAIRMAN KAUFMAN: Are they aware of that?
MR. HOLMES: Yes.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: So they pulled a permit for the
roof?
MR. HOLMES: They pulled a permit for the roof, correct.
CHAIRMAN KAUFMAN: And that's -- has it been CO'ed?
MR. HOLMES: No.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Yeah. I think we should have
Board Member John Fuentes inspect this location for the next three
months every day.
BOARD MEMBER FUENTES: I'll go right after this hearing.
That's my lunch right there.
CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the
blanks?
BOARD MEMBER RUBENSTEIN: I have a question, Brad.
MR. HOLMES: Yes, sir.
BOARD MEMBER RUBENSTEIN: I eat there. Not all the
time, but I eat there, and those tables have been out on that lawn area
for a long time, and the stools -- the barstools have been there also for
a long time. I mean, years. So how did it just come about now?
September 25, 2025
Page 90
MR. HOLMES: It came about as a complaint from the State
when they received word that they were allowing on-site
consumption of alcoholic beverages. This is not an item that would
commonly be field -- a field observation case. So it takes a
complaint, and that's how this was driven.
CHAIRMAN KAUFMAN: Go ahead, John.
BOARD MEMBER FUENTES: Can you go back to your
recommendation sheet, please?
MR. HOLMES: Sure.
BOARD MEMBER ELROD: How long does a Site
Development Plan modification take?
MR. HOLMES: Well, I don't believe they're going that route,
from my conversations. That would be a more lengthy process, more
like months as opposed to just pulling the permit to permit the roof
addition with the seating there.
If the seating is to stay and requires a Site Improvement Plan,
that would be addressed along the route. I'm not sure how
they're -- exactly they're planning on permitting, if they're going to
remove the -- that little bar strip from there or not. But we'd
be -- we'd be months if it was a Site Improvement Plan, because
usually that involves an engineering firm.
BOARD MEMBER FUENTES: All right. I'm going to go
ahead, and we'll do $100 a day, operational costs of 59.28 need to be
paid within 30 days, and we will give them 180 days, because they
have a permit, right?
MR. HOLMES: Yeah. There's one on file, so...
BOARD MEMBER FUENTES: Hundred eighty days.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
September 25, 2025
Page 91
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
BOARD MEMBER ELROD: You're going to have to stand up
and eat your hot dog.
CHAIRMAN KAUFMAN: I mean, if I were them, I'd move the
tables, finish the permit on the roof, come into compliance, and then
apply for a permit for the tables outside.
MR. HOLMES: Yes.
BOARD MEMBER FUENTES: Well, I think the tables are not
stationary, right? So you don't technically need a permit. How does
that work?
MR. HOLMES: It would be a site plan situation. I mean, just
the same as if you were to put sidewalk tables out in front of a
restaurant on a strip mall. You'd need to have a site plan that shows
that seating.
BOARD MEMBER FUENTES: Okay.
CHAIRMAN KAUFMAN: Okay. Anybody have any
questions?
(No response.)
MR. IANDIMARINO: We do have comment, sir.
CHAIRMAN KAUFMAN: I have no comments.
MR. IANDIMARINO: I do.
CHAIRMAN KAUFMAN: You do?
MR. IANDIMARINO: If I may.
MS. BUCHILLON: Yes, he does.
September 25, 2025
Page 92
CHAIRMAN KAUFMAN: We will recognize you for
comments.
MR. IANDIMARINO: Thank you. For the record, Tom
Iandimarino, director of Code Enforcement.
Looking at the past attendance of our board, Ms. Sue Curley has
missed five of the 11 meetings in 2023, five of the 11 meetings in
2024, and five of the meetings so far here in 2025. This would have
been our ninth meeting this month. That's 31 meetings total in the
last two and a half, three years now, and she's missed 15 of the 31
meetings. I would like consensus or -- from you, Mr. Chairman, to
have her removed from this board.
CHAIRMAN KAUFMAN: Yes. I think that the -- our bylaws
state that she has to be removed because of attendance.
MR. IANDIMARINO: So with your recommendation, sir?
CHAIRMAN KAUFMAN: Yes.
MR. IANDIMARINO: Thank you.
CHAIRMAN KAUFMAN: So now -- now, the
recommendation -- we need to make sure that we replace her and two
alternates.
MR. IANDIMARINO: Absolutely.
MR. NOELL: I haven't looked at the ordinance on that. I don't
know if -- Mr. Director, if you've looked at the ordinance on that.
MR. IANDIMARINO: From what I've been advised is that the
rules are that we can -- we can, from the Board -- the Chairman could
ask that she be removed, or I could ask the Chairman to ask that she
be removed.
MR. NOELL: Okay. Just for -- just for my comfort -- and it
might be belt and suspenders -- I think -- I would recommend that the
Board do that as a Board through a motion so -- just in case that
would also be required.
CHAIRMAN KAUFMAN: Okay.
September 25, 2025
Page 93
MR. NOELL: So right now we have you making a
recommendation, but if the Board would also please vote on that as a
motion, I think that -- I would be more comfortable with that just to
be sure.
MR. IANDIMARINO: And I would be willing to add some
more information. You know, a lot of these have been excused. She
notifies us, just like anybody else would, when the agenda's sent to
you. If somebody's going to not be there, you would normally
contact staff, and then we would, you know, grant you an excusal for
that particular day, you know, but that's -- there have been three
absences when she has not provided an excuse or, per se, responded
back as well.
CHAIRMAN KAUFMAN: No. It appears that she doesn't
really want to participate in the Board. I mean, on a percentage-wise,
she's missed half the meetings, if not more.
So I'd like to accept a motion from somebody else to make that.
BOARD MEMBER AYASUN: I make the motion.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll second it.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second to recommend that Ms. Curley be replaced on the Board.
Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER DOINO: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
September 25, 2025
Page 94
MR. IANDIMARINO: Thank you, sir.
CHAIRMAN KAUFMAN: Okay. Any other comments?
MS. BUCHILLON: No, sir.
CHAIRMAN KAUFMAN: Tom, do you have any comments?
MR. IANDIMARINO: No. We will start the process, and thank
you.
BOARD MEMBER FUENTES: I'm not going to miss. I'm
never going to miss. I've got to go home and talk to the family about
that.
CHAIRMAN KAUFMAN: You have a long way to catch up.
MR. IANDIMARINO: Thank you.
CHAIRMAN KAUFMAN: Okay. Okay. Well, we are
adjourned.
*******
September 25, 2025
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :48 a.m.
CO NFORCEMENT BOARD
ERT FMAN, CHAIRMAN
These minutes approved by the Board on(2 as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.
Page 95