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CEB Minutes 01/27/1994 R 1994 CODE ENFORCEMENT BOARD MINUTES January 27, 1994 ~ DATE: TIME: PLACE: CODE ENFORCEMENT BOARD OF COLLIER COUNTY January 27, 1994 9:00 A.M. 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ALLEN. X BARTOE X ANDREWS X CLARK X LAZARUS X CONTI X L'ESPERANCE X CRUZ X PEDONE X MANALICH X RAWSON X SCHULTZ X VARIE X SMITH X YOVANOVICH X MINUTES BY: Ellie Hoffman, Deputy Clerk and Sue Barbiretti, Recording Secretary CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 12:35 P.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: Location: January 27, 1994 at 9:00 o'clock A.M. Collier County Government Center, Bldg. "F" Third Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES November 22, 1993 4. PUBLIC HEARINGS Board of County Commissioners vs. First Bank of Immokalee CEB Case No. 94-001 Board of County Commissioners vs Chevron, U.S.A., Inc and Avis Rent-A-Car CEB Case No. 94-002 5. NEW BUSINESS Request for Imposition of Fines on Board of County Commissioners vs. Kevin Stoneburner and Gulf Materials Recovery and Artificial Reefs, Inc., Case No. 93-006 Request for Imposition of Fines on Board of County Commissioners vs. Frederick Swetland, Case No. 92-011 Request for Imposition of Fines on Board of County Commissioners vs. Elba Development Corporation, Case No. 93-003 Request for Imposition of Fines on Board of County Commissioners vs. James Blattenberger, Case No. 90-011 Request for filing of Affidavit of Compliance on Board of County Commissioners vs. Dominico and Angela Gadaleta, Case No. 92-002 Request for filing of Affidavit of Compliance on Board of County Commissioners vs. M.K. Developers, Inc., Case No. 92-012 Request for filing of Affidavit of Compliance on Board of County Commissioners vs. Naples Village Sq. Ltd., Prtnshp, Case No.93-00? Request for filing of Affidavit of Compliance on Board of County Commissioners vs. Goodland Bay Marina, Inc., Case No. 93-008 Request for filing of Affidavit of Compliance on Board of County Commissioners vs. Rick Norgart, Steve & Dorothy Lefes, Case No.93-009 . 6. OLD BUSINESS N/A - 7. REPORTS Status report on Board of County Commissioners vs. Meadowood Club Apts., Inc.,CEB 93-011 8. NEXT MEETING DATE February 23, 1994 (Please note this is on a Wednesday) 9. CODE ENFORCEMENT BOARD WORKSHOP 10. ADJOURN ,/ CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape #1 (25) ITEM: COMMENTS: MOTIOH: (35) ITEM: MOTIOH: (80) ITEM: COMMENTS: ITEM: COMMBIITS : JANUARY 27, 1994 Approval of Agenda Code Enforceaent Coordinator Cruz requested that Ite. .7, Reports, be heard first. In addition, she reque.ted that Reque.t for I.position of Pines re Case Ho 90-011 be continued until the next aeeting. Made by Mr. Lazarus to approve the agenda as _nded. Seconded by Mr. Andrews. Carried unani- .ously. ***** Approval of Minutes of Hove.ber 22, 1993 Made by Mr. Lazarus to approve the .inutes of Wov..ber 22, 1993. Seconded by Mr. AII.n. Carried unaniaously. ***** Status Report on Board of County Coaaissioners vs. Meadowood Club Apts., Inc., CEB Case Ho. 93-011 Ms. Cruz presented the Board with a status report submitted by Berlin Construction, with regard to Meadowood Club Apartments (copy not provided to the Clerk's Office). Acting Code Enforcement Director Smith advised that the Meadowood Club Apartments are in compliance to date, as outlined in the report. He remarked that the balconies were delivered January 26, 1994 and work is progressing very well. ***** Board of County Coaaissioners vs. Pirst Bank of laaokalee, Case HO. 94-001 Code Enforcement Coordinator Cruz stated that Composite Exhibit "A" has been provided to the Board, Recorder and the Respondent. Ms. Cruz began with opening reaarks relating to Case Ho. 93-011. The Respondent explained that he Page 2 CODE EHPORCEMEHT BOARD OF COLLIER COUHTY (240) ITEM: COMMBllTS: MOTIO.: JANUARY 27, 1994 was awaiting the arrival of a court reporter and the Board concurred to hear the second case first. ***** Board of County Co..issioners vs. Chevron, U.S.A., Inc. and Avis Rent-A-Car, CBB Ro. 94-002 ***** Mr. Lazarus advised that he will recuse himself from participating in Case No. 94-002, noting that he has represented Mr. Smith in another matter for the County. Ms. Cruz reported that the Board, Recorder, Respondent and Agent have been provided with copies of Composite Exhibit "A", relative to CEB Case No. 94-002, Mr. Carl J. Smith, Owner. Ms. Cruz revealed that due to allowing the con- tinuing existence of a ground sign erected prior to obtaining a building permit and the sign not meeting the required setback guidelines there is a violation of the Land Development Code as amended. After being sworn in by Ms. Cruz, Mr. Carl J. Smith advised that on August 28, 1992, Hurricane Andrew came through Marco Island and destroyed the Avis sign which was installed in 1979. He indicated that the frame remained, however, the sign faces were demolished. Mr. Smith cited no objection to admitting Composite Exhibit "A" into evidence. Made by Mr. LIEsparance to adait Coaposite Exhibit "A" into the record as evidence. Seconded by Ms. Rawson. Carried 6/0 (Mr. Lazarus abstained). Ms. Cruz explained that the subject property has has an existing "pole sign" and therefore, no further signs are permitted, as provided in Section 2.5.8.1.1 of the Land Development Code, as amended by Ordinance 92-73. Ms. Cruz read excerpts from Ordinance 76-30, which was in effect at the time the sign was installed in Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 1979. She noted that the "ground sign" was installed and maintained originally in violation of past and present ordinances. She indicated that no permit has been found for the installation of this "ground sign". Mr. Smith stated that the sign was installed by Signcraft in 1979. He remarked that he has been unable to find his copy of the permit. He noted that the original sign was somewhat larger than the replacement sign which is 3'-9" x 6'-1". He reported that the sign is 28' from the edge of the pavement and 22' from the center line. Mr. Smith explained that he rents approximately 4,000 cars per year and noted that 50% of his busi- ness is derived from walk-ins. He indicated that the economic hardship of not being able to have a sign in this business would result in a severe loss in income. He cited that he will do whatever is possible in order to meet with the Board's approval in order to keep the sign. Ms. Cruz introduced a letter from Signcraft, marked as Exhibit "B", (not provided to Clerk's Office), stating that two 6' x 6' wood posts were furnished to hold the sign up. Mr. Smith affirmed that the frame remained intact, however, the sign and interior lighting was blown out by the hurricane. He explained that the poles hold the frame. MOTIOH: Made by Mr. LIEsparance to adait Exhibit liB" as evidence. Seconded by Mr. Allen. Carried 6/0. (Mr. Lazarus abstained). In response to Mr. Andrews, Mr. Bill Smith advised that non-conforming is only non-conforming, assuming it is legal at the time. He indicated that the rules did not change in 1979 and the sign did not meet the requirements of the Code at that time, however, the violation was not brought to staff's attention until recently. Mr. Carl Smith revealed that he was not aware of the non-conforming status of the sign until informed of same by Code Enforcement Investigator John Conti. Ms. Rawson questioned whether staff has any suggestions relating to mechanisms that would allow Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Mr. Smith to comply with the Code and stay in busi- ness. After being sworn in by Ms. Cruz, John Conti, Code Enforcement Investigator, stated that he received a complaint alleging that an Avis sign was erected without a permit, in addition to other signs and banners without a permit. He reported that after addressing this issue with one of the employees, the banner and the sign in the right-of-way was immediately removed. He reported that he was told that the Avis sign was completely destroyed during the hurricane and the new sign was the replacement sign. He indicated that he advised the employee that any signs that were completely destroyed were required to have a permit to be replaced. Mr. Conti stated that he received a telephone call from Mr. Carl Smith and advised that any new signage would require a permit and suggested that he speak with John Wilver. Mr. Conti explained that after contacting Mr. Wilver, Mr. Smith was informed that the sign did not meet non-conforming status because it had been completely destroyed and since there was an existing pole sign at the location, he could not obtain a permit for another sign. He cited that Mr. Smith has the option of having two "ground signs" or one "pole sign". Ms. Cruz noted that Mr. Smith also has the option of petitioning the Board of County Commissioners for a variance. Mr. Smith questioned whether the Code Enforcement Board could recommend to the Board of County Commissioners that there is a hardship and that his business does serve the public's interest. Assistant County Attorney Yovanovich advised that the petitioner would need to present a variance request to the Board of County Commissioners. Chairman Pedone closed the public hearing. Ms. Rawson indicated that she believes Mr. Smith is in violation of the Code, however, before any fines are levied, he should be provided the opportunity Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 to petition the Board of County Commissioners for a variance. Mr. Bill Smith revealed that staff does not object to extending a thirty day time period to Mr. Smith to file a variance application and pay the necessary fees. He remarked that the fines could be imposed at the end of the thirty day period. MOTIOH: Made by Mr. LIEsperance that the Pindings of Pact, Conclusions of Law and Order of the Board are as follows: This Cause caae on for public hearing before the Board on January 27, 1994, and the Board having heard testi.ony under oath, received evidence, and heard arguaents respective to all appropriate aatters, thereupon issues its Pindings of Pact, Conclusions of Law and Order of the Board as follows: That Chevron, U.S.A., Inc. is the owner of record of the subject property. That the Code Enforceaent Board has jurisdiction of the person of the Respondent and that Mr. Carl S.ith was present at the public hearing. All noti- ces as required have been properly issued. That the real property legally described as Marco Beach Unit 4, Part of Tract G, Lot 7.4, is in violation of Section 2.5.8.11(2) of Collier County Land Developaent Code 91-102 as aaended by Ordinance 92-73, in the following particulars: Allowing the continuing existence of a "ground sign" prior to obtaining a building per.it; and that the sign is within the 151 setback. Conclusions of Law: That Chevron, U.S.A., Inc. and Avis Rent-A-Car are in violation of Section 2.5.8.11(2), of Collier County Land Developaent Code 91-102 as aaended. Seconded by Mr. Andrews. Carried 6/0. (Mr. Lazarus abstained). Order of the Board: Based upon the foregoing Pindings of Pact, Conclusions of Law, and pursuant to the authority granted in Chapter 162, Plorida Statutes, and Collier County Ordinance 92-80, it is hereby ORDERED: 1. That the Respondent correct the violation of Section 2.5.8.11(2) of the Land Developaent Code, as aaended in the following aanner: A. Correct the 151 setback violation by either obtaining a variance or the reao- Page 6 CODE EXPORCBMENT BOARD OP COLLIER COOHTY JAHOARY 27, 1994 val of the present sign, as outlined in Paragraphs 4.A and 4.B of the above ~indings of Pact. 2. That said corrections be coapleted on or before the 27th day of April, 1994, and if R..pondent doe. not coaply with this Order on or before that date, then and in that event R.spondent is hereby ordered to pay a fine of $100 per day for each and every day any viola- tion described herein continues past said date. Wailure to co~ly with the Order within the specified ti.. will result in the recor- dation of a lien pursuant to Chapter 162, ~lorida Statutes, which aay be foreclosed, and the RespondentIa property sold to enforce the lien. Seconded by Mr. Andrews. Assistant County Attorney Yovanovich called atten- tion to a housekeeping item, noting that the appropriate Section is 2.5.8.1, in lieu of 2.5.8.11. Upon call for the question, the aotion carried 6/0. (Mr. Lazarus abstained). ***** ITEM: Board of County Coaaissionera va. Pirst Bank of I-.okalee, caB Case Ro. 094-001 COMMBIITS: Ms. Cruz noted that the Board, Recorder, Respondent and Agent have been provided with copies of Composite Exhibit "A", Board of County Commissioners vs First Bank of Immokalee, CEB Case No. 94-001. Ms. Cruz announced that the Respondent is charged with allowing the continuing existence of a par- tially constructed and abandoned structure without the authority of a valid building permit or Certificate of Occupancy (C.O.), which is a viola- tion of the Land Development Code, as amended. Attorney Richard Smith, representing the Respondent, stated that he has no objection to admitting Composite Exhibit "A" into evidence. Made by Ms. Rawson to adait Coaposite Exhibit "A" into evidence. Seconded by Mr. Andrews. Carried unaniaously. MOTlotf: Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 COMMENTS: Ms. Cruz reported that on May 31, 1991, a building permit was issued to Mr. Cannan for the purpose of a Convenience Store/Service Station at the subject location. She indicated that on October 31, 1991, a Warranty Deed was recorded transferring all rights with respect to the subject property, from George Cannan and Miriam Cannan to Winsco Builders, Inc. Ms. Cruz explained that several inspections were passed, however, the last activity on this permit was for a Tin-Tab inspection which failed on March 10, 1992. She indicated that no further construc- tion and/or activity followed which caused the per- mit to expire and/or to be cancelled. Ms. Cruz announced that on August 5, 1993, a Certificate of Title was issued to First Bank of Immokalee, due to a mortgage foreclosure. After being sworn in by Ms. Cruz, Code Enforcement Investigator Schultz advised that on September 27, 1993, he found the building to be quite a mess. He revealed that there were open excavations in front of the building, and the interior and exterior of the building had not been finished. He stated that the felt paper on the roof had been blown off and there were large piles of rock and sand at the rear of the building. In response to Mr. Clark, Mr. Schultz affirmed that the building in its present state constitutes a threat to life safety due to open excavation holes and there have been wash outs from the rain where the banks have caved in. He indicated that the building has been a shelter for transient and home- less persons and small children have been playing inside the building at different times during the day. After being sworn in by Ms. Cruz, Mr. Russell Budd, General Contractor, stated that he has been hired by the First Bank of Immokalee. He affirmed that the building has not been completed. In answer to Mr. Clark, Mr. Budd remarked that after obtaining a building permit, the work could be completed within three to six months. He indi- cated that this includes the revised scope of work, Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 completion of site work, shrubbery and landscaping, and the exterior shell of the building. He advised that this does not include the interior buildout and trim out. He noted that the interior of the structure would be roughed out completely, with no partitions, and no finished trim of electric, air conditioning or plumbing. Acting Code Enforcement Director Bill Smith explained that the structure could receive a C.O. as a strip shopping center, as long as the minimum requirements were met. Mr. Clark requested that the Board entertain a finding that the violation does exist, as docu- mented by the evidence. He suggested that the Respondent be given a period of 30 days to obtain a building permit, and noted that staff will assist in any way possible. He recommended that the Respondent be given a period of 180 days after obtaining the building permit to complete the exterior and interior of the building, but failing to do so within the prescribed time frames, would result in a fine of $200 per day. Attorney Smith stated that the First Bank of Immokalee has been attempting to resolve this matter. He voiced concern that the violation is one that exists because a permittee did not con- tinue with a permit, and noted that the permittee was not the first Bank of Immokalee. Attorney Smith requested that time be granted to allow the bank to obtain a permit. Chairman Pedone closed the public hearing. Made by Mr. Allen that the Pindings of Pact, Conclusiona of Law and Order of the Board are as follows: This Cause caae on for public hearing before the Board on January 27, 1994, and the Board having heard testiaony under oath, received evidence, and heard arguaents respective to all appropriate aatters, thereupon issues its Pindinga of Pact, Conclusions of Law and Order of the Board as follows: That the Pirst Bank of 18aOkalee is the owner of record of the subject property. That the Code Enforce_nt Board baa jurisdiction of the person of the Respondent and MOTIOR: Page 9 CODE EXPORCBMERT BOARD OP COLLIER COUNTY JAHOARY 27, 1994 that Mr. Richard S.ith was pre..nt at the public hearing. All notices as required by the Land Develo~nt Code 91-102, as ...nded by Ordinance 92-73 and Ordinance 93-89 have been properly issued. That the real property legally deecribed in attached Exhibit 1 is in violation of Sections 2.7.6(3) and 2.1.15 of the Land Developaent Code as aaended and Section 103.6 of Ordinance 91-56, Collier County Construction Adainistrative Code, in the following particulars: Allowing the continuing existence of a Partially constructed and abandoned structure, which constitutes danger to public health and safety and without the authority of a valid building perait or Certificate of Occupancy. Conclusions of Law: That the I'irst Bank of I..okalee is in violation of Sections 2.7.6(3) and 2.1.15 of the Land Develop..nt Code 91-102 as aaended and Section 103.6 of Ordinance 91-51, Collier County Construction Adainistrative Code. Seconded by Mr. Andrews. Carr ied unania:JUsI y . Order of the Board: Baaed upon the foregoing Pindings of Pact, Conclusions of Law, and pursuant to the authority granted in Chapter 162, Plorida Statutes, and Collier County Ordinance 92-80, it is hereby ORDERED: 1. That the Respondent correct the violation of Sections 2.7.6(3) and 2.1.15 of the Land Developaent Code, as ...nded and Section 103.6 of Ordinance 91-56, Collier County Construction Adainistrative Code in the following aanner: A. Provide te.porary barricades to avoid attracting nuisances at the job site within 72 hours; have an active building per.it on the job site within 30 days; building to be coaplete with a Certificate of Occupancy issued within 180 days as outlined in Paragraph 4.A of the above Pindings of I'act. B. That said corrections be coapleted on or before the 27th day of July, 1994 and if Respondent doe. not co.ply with this Order on or before that date, then and in that event Respondent is bereby ordered Page 10 CODE EXPORCBMENT BOARD OF COLLIER COOHTY JAHOARY 27, 1994 ITEM: CO.I SitTS: Tape #2 to pay a fine of $200 per day for each and every day any violation described herein continues past said date. Pailure to coaply with the Order within the spe- cified ti.. will result in the recordation of a lien pursuant to Chapter 162, Plorida Statutes, which aay be toreclosed, and Respondent'S property sold to enforce the lien. SeconcSed by Mr. Andrews. Carried unaniaously. *** Recess 10:28 A.M. - Reconvened 10:45 A.M. *** Request of Iaposition of Pines re Board of County Co..issioners vs. Kevin Stoneburner and Gulf Materials Recovery and Artificial Reets, Inc., CEB Case Wo. 93-006 Mr. Lazarus stated that he will recuse himself with regard to Case No. 93-006, noting that his former law partner is representing the Respondent. Ms. Cruz explained that the Board, Recorder and Respondent have been provided with copies of the Order Imposing Fine for Case No. 93-006. She called attention to the notarial statement at the bottom of the Affidavit of Non-Compliance which indicates that the undersigned did not take an oath, but noted that the undersigned did take an oath. Ms. Cruz recalled that the Board held a public hearing on May 27, 1993 and issued an Order with regard to Case No. 93-006 indicating that effective August 25, 1993, violations were to be brought into compliance or a fine of $125 would be imposed for every day of non-compliance. She indicated that the violation found that an unauthorized accumula- tion of litter was maintained or is maintained and still remains on the subject property and the respondent has failed to remove or properly dispose of such abandoned property. Ms. Cruz remarked that on August 26, 1993, the respondent appeared before the Board and requested an extension to correct the violations and another Order, amending the previous Order was issued, stating that the violations were to be corrected on or before November 24, 1993, or a fine of $250 would be imposed for every day of non-compliance. Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Ms. Cruz explained that on November 29, 1993, December 16, 1993 and January 10, 1994, Investigator Ed Morad conducted an inspection for compliance and noted that the violations remain. She advised that staff requests that a fine in the amount of $11,750 be imposed for non-compliance of the Board's Order. After being sworn in by Ms. Cruz, Tom Bartoe, Code Enforcement Supervisor, stated that he inspected the site on January 26, 1994 and observed that the property is still in violation, as depicted by photos which were given to Ms. Cruz. (Photos were not provided to the Clerk). Mr. Bartoe referred to the photos depicting a large pile of used tires and two huge piles of litter containing wood, plastic, steel, aluminum, rubber and asphalt roofing tiles. He remarked that this material cannot be used for fill. Attorney Jerry Pitkin, representing the Respondent, questioned Mr. Bartoe as to the distance between the location of the piles and the location of where the photos were taken. MOTIOW: Made by Mr. Varie to adait the photos, aarked as Coaposite Exhibit "B", into the record as evidence. Seconded by Mr. Allen. Carried 6/0. (Mr. Lazarus abstained) . Mr. Clark stated that this matter has been brought before the CEB, adequate notice has been provided, the Board heard evidence and entered a finding that the respondent was in violation and ample time has been given for cleaning up the site. He recom- mended that the fines be imposed, as requested in the affidavit. In answer to Attorney Pitkin, Mr. Bartoe explained that there are two major piles of debris and a semi trailer that has not moved and has been sitting on the site for three or four months. Mr. Bartoe remarked that during his inspection on January 26, 1994, one man was operating a piece of hi-lift equipment and another man appeared be repairing another piece of equipment. Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Mr. Clark affirmed that there has been a substan- tial reduction of litter on the site, but recalled that the Order of the Board was that the piles of litter be removed. Attorney Pitkin called attention to F.S. 162.09, relating to Administrative Fines & Liens, and noted in determining the amount of the fine, if any, there are several factors to be considered including the gravity of the violation and any action taken by the violator to correct the viola- tion. Mr. Pitkin stated that his client has been making substantial efforts to bring the site into compliance. He pointed out that the original intent of Gulf Materials Recovery and Artificial Reefs, Inc. was to recycle this material so that Collier County could have some artificial reefs inserted. After being sworn in by Ms. Cruz, Mr. Robert Cadenhead stated that Mr. Stoneburner has paid his company in excess of $60,000 for work performed on the site. He recalled that the last time this case was brought before the Board there was a question with regard to the length of time involved to remove the remainder of the debris, noting that he advised that this depended on the weather. He explained that the site was flooded out during September and October. He pointed out that the remaining material on site has gone through a screening process, however, the previous contractor mixed the dirt and concrete with the material that is presently on the site. He stated that since May, 1993, he has worked everyday possible, weather permitting. Mr. Cadenhead reported that there was a total of 700 tons of debris dumped on the site, as recorded by Commercial Clean-Up. He indicated that all but the last 100 tons has to be processed and removed to the landfill. With regard to the semi on site, he advised that it will cost $780 to dump the trailer. Mr. Cadenhead stated that the pile of wood on site has to be separated and re-chipped for anyone desiring the mulch. He affirmed that it will take Page 13 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 approximately 30 days to accomplish this task and another 30 days for the site to be totally cleaned. Mr. Cadenhead remarked that new trash is being dumped daily on this site by the neighbors. Mr. Clark replied that this problem has become a neighborhood problem and the Board has extended ample time for the debris to be removed. He recom- mended that the fine be imposed. Attorney Pitkin stated that the site will be cleaned up within the time period the Board deems appropriate. He requested additional time in order for compliance to be achieved. He presented photos to be submitted as evidence. (Not provided to the Clerk's Office). Made by Ms. Rawson to adait Respondentls Exhibits 1 and 2 into evidence. Seconded by Mr. Allen. Carried 6/0. (Mr. Lazarus abstained). MOTIOH: Mr. Clark recommended that the fine of $11,750 be imposed and that the clock continue running and if the Respondent desires to come back before the Board to request a reduction in the amount of the fine, staff may support same. Chairman Pedone closed the public hearing. Mr. Andrews remarked that the Code Enforcement Board is charged with seeking compliance of the Code and its only weapon is through fines. He suggested that the Board follow staff's recommen- dation with regard to the imposition of fines. MOTIOH: Made by Mr. Andrews to iapose the $11,750 fine with regard to Caae Ho. 93-006 and that a fine in the aaount of $250 per day continue to accrue froa January 10, 1994, until coapliance ia aet. Seconded by Mr. LIEaperance. Carried 6/0. (Mr. Lazarus abstained). In response to Attorney Pitkin, Chairman Pedone advised that he cannot guarantee that a reduction in the amount of the fine will be granted, but noted there is a mechanism for Mr. Pitkin to present a case in this regard. Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 ***** (1588) ITEM: Request for Iaposition of Pines re Board of County Coaaissioners vs. Prederick Swetland, III, Case Ho. 92-011 CotDmlfTS : Ms. Cruz called attention to the Affidavit of Non-Compliance attached to the Order, noting the typographical error indicating that the undersigned did not take an oath, when in fact he did. Ms. Cruz advised that the Board, Recorder and Respondent have been provided with copies of the Order Imposing Fines re CEB Case No. 92-011, Board of County Commissioners vs. Frederick Swetland, III. Ms. Cruz explained that the Board held a public hearing on July 30, 1992 and issued its order rela- tive to Case No. 92-011, stating that effective September 15, 1992, violations were to be brought into compliance or a fine of $250 would be imposed for every day of non-compliance. Ms. Cruz advised that the respondent filed an appeal before the Collier County Circuit Court. She reported that on September 16, 1993, Circuit Court Judge Hayes issued an Order of Affirmance, stating that the Order of the CEB, issued on August 27, 1992 is affirmed. She explained on September 20, 1993 and January 10, 1994, Acting Code Enforcement Director Smith reinspected for compliance and found the violations remained. Ms. Cruz communicated that staff is requesting that the Board impose a fine in the amount of $28,250 for non-compliance with the Board's Order. She announced that the fine is for the dates of September 20, 1993 through January 10, 1994. Attorney Frank Kowalski, representing Frederick Swetland, III, stated that he and his client have met with staff and based upon those discussions, a basis for resolving the problem has been achieved. Mr. Kowalski advised that his client did timely submit a revised set of plans in response to the Board's Order of August 27, 1992. He revealed that Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 the Building Department reviewed the plans, but declined to approve them. Attorney Kowalski explained that within 14 days of this date's hearing, a second set of revised plans will be submitted, signed and sealed by Mr. Swetland. He divulged that the plans will be revised in the following particulars: provide details of porch floor joist connections; specify front porch beams and provide connection detail for joists; include a general note regarding bracing - the general note for load bearing bracing effec- tively reduces apparent span of major supporting beams; the department would review the revised plans, considering the revisions set forth and the plans would be deemed acceptable; all objections to the first revised set of plans will have been addressed by the proposed revisions and all other objections either withdrawn by the Department or satisfied by the active signing and sealing of the plans; if the plans are submitted, the Department would recommend that the Board waive any fines or penalties based upon the good faith of Mr. Swetland as demonstrated by the fact that he attempted in good faith to comply with the Order of the Board by submitting the initial set of revised plans on a timely basis; if the second revised set of plans is rejected by the Building Department, the Department would serve a statement of the specific objections to the second revised set of plans and Mr. Swetland would be given 14 days to resolve those objections and only thereafter, would he be subject to the punitive provisions, i.e. fines contained in the ordinances. In response to Chairman Pedone with regard to amount of time it has taken to reach an agreement on the second set of revised plans, Mr. Kowalski explained that it took over one year for the appeal to be resolved. Mr. Smith advised that staff does not object to the 14 days, as requested by Mr. Kowalski. MOTIOH: Made by Mr. Lazarus that Mr. Swetland be granted 14 day., and if co.pliance is not aet with staffls .atisfaction, the fine will be applied retroac- tively. Seconded by Ms. Rawson. Page 16 CODE ENFORCEMENT BOARD OF COLLIER COUNTY (2475) ITEM: COIMIUIft : JANUARY 27, 1994 Assistant County Attorney Yovanovich requested clarification of the motion. Mr. Lazarus stated if the Respondent comes into compliance within the next 14 days, there would be no fine imposed. Assistant County Attorney Yovanovich questioned whether Mr. Lazarus' motion includes the provision that if compliance is not met, that the Order Imposing the Fine in the amount of $28,250 would be enforced and fines would continue to be assessed. Mr. Lazarus replied in the affirmative. Upon call for the question, the aotion carried 6/1 (Mr. Pedone opposed). ***** Request for Iaposition of Pines re Board of County Co..issioners vs. Elba Developaent Corporation, Case Ro. 93-003 Ms. Cruz stated that the Board, Recorder and Respondent have been provided with copies of the Order Imposing Fines re CEB Case No. 93-003. Ms. Cruz advised that the Board held a public hearing on April 22, 1993, and issued its Order, stating effective November 1, 1993, violations were to be brought into compliance or a fine of $250 would be imposed for every day of non-compliance. She reported on November 2, 1993 through January 13, 1994, Code Enforcement Supervisor Tom Bartoe conducted inspections for compliance and noted violations remained. Ms. Cruz revealed that staff requests that the Board impose a fine in the amount of $18,250 for non-compliance with the Board's Order. She indi- cated that this fine represents the period from November 2, 1993 through January 13, 1994, which is a total of 73 days. Ms. Cruz reminded Mr. Bartoe that he is still under oath. Page 17 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Mr. Bartoe announced that he last inspected the property on January 26, 1994, at 10:30 A.M. He stated that photos were taken and given to Ms. Cruz (not provided to the Clerk). Ms. Cruz introduced the photos as Composite Exhibit "B". Mr. Bartoe reported that his inspection revealed that the recreational building is almost complete, noting that there is one missing door knob. He noted that electrical work was being done out-side by some workers. He explained that the clubhouse appears complete on the outside, however, there are doors and door frames to be installed inside. He cited that a counter in the main entrance area, air conditioning and electrical are not complete. Mr. Bartoe stated that the parking lot has been paved and striped and landscaping was being installed. He indicated that the pool appears to be fairly completed with the exception of marciting and the fencing or screen enclosure. *** At this tiae Recording Secretary Barbiretti replaced Deputy Clerk Boffaan *** MO'l'IOW: Made by Mr. LIEsperance to accept Coaposite bhibit "B" into evidence. Seconded by Mr. Andrews. Carried: 7/0. COIedlI'l'S: Kenneth R. Meadvin, President, Elba Development Corporation, requested the waiver of any fines and penalties with regard to completion and compliance. He recalled that in April 1993, the Board ordered that the project be substantially completed within a two or three month period with total completion of the entire project by November 1, 1993. Mr. Meadvin announced that at the time he requested more than 6 months. He stated that he has been listening to the hearings presented today and men- tioned that generous amounts of time have been given to facilities substantially less complicated than Embassy Woods. Mr. Meadvin pointed out the important feature is that Elba Development has maintained a substantial rate of progress and the residents are pleased with the completion. Page 18 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Mr. Meadvin reported that as a result of the lien on the property, he has received a Letter of Default from his lending institution. He stated that a list of remedies that may be pursued, the very least of which will be an interruption in funding. Mr. Pedone stated the Recordation Order of the Board has been removed. He indicated that a there are a number of other Liens on the property. Mr. Meadvin stated emphatically that there are no other Liens on the property. Mr. Pedone announced that he, as Chairman, did meet with Mr. Meadvin, with Assistant County Attorney Manalich and Assistant County Attorney Yovanovich in attendance, and signed on behalf of the Board. Assistant County Attorney Manalich recalled that the Recorded Order remained on Deauville and that Montclair and Elba had been removed after CEB had been petitioned to do so. Mr. Meadvin the intent, the Order. has advised said that although he does not question he was not a part of the execution of He stated that the insuring attorney that it is a question of default. Dick Clark, Acting Community Development Services Administrator, announced that "default" has been a common occurrence in this matter. He reported that the residents are not happy and they still do not have Certificates of Occupancy (C.O.) for the ame- nities. Mr. Clark contended that although the situation is better than it was, the Board ordered completion. He requested that the Order of the Board be imposed. In response to Mr. Allen, Mr. Meadvin stated the project will be completed within a short period of time. He indicated that he was not capable of com- mitting to an exact time frame. He pointed out that at the April hearing he stated that six months was not a reasonable amount of time to expect completion. Page 19 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Mr. Pedone commented that it has now been eight months and the project is still not completed. Tape #3 Mr. Smith noted that the County is looking for the building to be ready for C.O. as ordered by the CEB. MOTION: Made by Mr. Lazarus that the Order iaposed by the Board be enforced and that the fines not be waived. Seconded by Mr. L'KSPerance. COfi8lBllTS : Mr. Lazarus stated that the contractor has had more than ample time to complete the amenities and that the matter of the Lien is between the company and the bank. The following people spoke on the subject: Peggy Ballentine Pete Renovich Don Ballentine Bob Bohegin In reference to comments made by the public, Mr. Smith expressed concern regarding the money being spent for wallcovering, which is not required for a C.O., could be expended on some of the improvements that are required. Mr. Clark remarked that the vast majority of resi- dents are dissatisfied and feel that the amenities should be completed. .*. Me. a.wson left the aeeting at this tiae as reflected by 6/0 votes ..* Mr. Clark contended that the point is not whether six months was an adequate amount of time, but has three years been an adequate amount of time. He emphasized that Mr. Meadvin will not commit to a date of completion. Chairman Pedone closed the public hearing. MOTIOW: Upon call for the question, the action carried 6/0. CQllMBRTS: Assistant County Attorney Yovanovich stated that the County Attorney's Office has always recorded the Order to impose fines so that priority on the property may be obtained. He asked if he should have the fines recorded? Page 20 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Assistant County Attorney Manalich pointed out that the Recordation is by statute a Lien. In response to Mr. Lazarus, Mr. Meadvin stated that there were some Liens on the property originally but he is not sure if any exist at present. Mr. Pedone responded that as a matter of record, the Newspaper listed four foreclosure actions being brought against Elba Development at Embassy Woods. Mr. Meadvin disclosed that there were no Liens on the Clubhouse, Tract A, Embassy Woods. In response to Mr. Pedone, Mr. Meadvin confirmed that he could have a C.O. within 30 days. In answer to Mr. Pedone, Mr. Yovanovich replied that if an Affidavit of Compliance has not been received in 30 days, the fines will be recorded. MOTIOB: Made by Mr. Lazarus to wai t 30 days before recording the fines. Seconded by Mr. L'Esperance. Carried: 6/0. Assistant County Attorney Yovanovich stated that the Chairman would have the discretion, in conjunc- tion with Staff and the County Attorney, to have the fines recorded. ... (567) CO..4w1:S: Ms. Cruz stated that Staff requests that the five Request of Affidavit of Compliance be combined. ... I'1'EM: Request for filing of Affidavit of Coapliance on Board of County C~is.ioners vs. Do.inico and Angela Gadaleta, Case Ho. 92-002. MOTIOW: Made by Mr. Lazarus to approve the filing of Affi- davit of Coapliance. Seconded by Mr. LIEsperance. Carried 6/0. ... ITEM: Request for filing of Affidavit of Coapliance on Board of County Coaaissioners vs. M.K. Developers, Inc., Case Ro. 92-012. Page 21 CODE ERPORCBMENT BOARD OP COLLIER COUNTY JAHOARY 27, 1994 MOTIOW: Made by Mr. Lazarus to approve the f i I ing of Affidavit of Coapliance. Seconded by Mr. L'Bsperance. Carried: 6/0. ... ITEM: Request for filing of Affidavit of Co~llanc. on Board of County Co..issioners vs. WapI.. Village Sq. Ltd., Prtnshp, Case Ho. 93-007. MOTIOR: Made by Mr. Lazarus to approve the filing of Affidavit of C~liance. Seconded by Mr. L'Esperance. Carried: 6/0. ... ITEM: Request for filing of Affidavit of Coapliance of Board of County Coaaissioners vs. Goodland Bay Marina, Inc., Case Ro. 93-008. MOTIOR: Made by Mr. Lazarus to approve the filing of Affidavit of Coapliance. Seconded by Mr. LIEsParance. Carried: 6/0. ... ITEM: Request for filing of Affidavit of Coapliance on Board of County Co..issioners vs. Rick Worgart, Steve and Dorothy Lefes, Case Ro. 93-009. MCTIOR: Made by Mr. Lazarus to approve the filing of Affidavit of Coapliance. Seconded by Mr. L'Esperance. Carried: 6/0. ... ITBN: R.xt Meeting Date CONMBBTS: Chairman Pedone announced that the next meeting will be held on February 23, 1994, which is a Wednesday. ... ITBN: Code Bnforceaent Board Workshop Cl,,~wrs : Assistant County Attorney Manalich announced that he has prepared a number of items for discussion. Page 22 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JANUARY 27, 1994 Due to the lateness of the day, it was the consen- sus of the Board members to have the Workshop con- tinued to the meeting of February 23, 1994. ... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:35 P.M. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Michael Pedone, Chairman Page 23