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CEB Minutes 02/23/1994 R 1994 CODE ENFORCEMENT BOARD MINUTES February 23, 1994 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: February 23, 1994 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "FI', Collier County Government Center, Naples, Florida CEB STAFF PRESENT ALLEN ANDREWS FLATTO LAZARUS LAFORET L'ESPERANCE RAWSON x X X X X X X SMITH CRUZ MANALICH X X X MINUTES BY: Sue Barbiretti, Recording Secretary CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 9:55 A.M. 'RESIDING: Lionel L'Esperance, Chairman ADDENDA TO THE AGENDA: None MINUTES TO APPROVE: January 27, 1994 Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AMENDED AGE N D A Date: February 23, 1994 at 9:00 o'clock A.M. Location: 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. ELECTION OF CHAIRMAN 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES January 27, 1994 5. PUBLIC HEARINGS N/A 6. NEW BUSINESS Request for Imposition of Fines on Board of County Commissioners vs. James Blattenberger, Case No. 90-011 7. OLD BUSINESS N/A 8. REPORTS N/A 9. NEXT MEETING DATE March 24, 1994 10. WORKSHOP 11. ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape 1 (035) ITEM: COMMENTS: (116) ITEM: MOTION: (169) ITEM: MOTION: (180) ITEM: MOTION: FEBRUARY 23, 1994 Introduction of New Members Bill Smith, Acting Code Enforcement Supervisor, introduced and welcomed Frederick Flatto and Louis Laforet to the Code Enforcement Board. Mr. Smith extended his appreciation to Mr. Pedone for his outstanding work with the CEB. Mr. L'Esperance presented Mr. Pedone with a plaque of appreciation for the time and dedication shown to Collier County. Mr. Pedone thanked the members of the CEB and encouraged them to keep up the good work. *** Election of Chairman and Vice-Chairman Made by Mr. Andrews to nominate Lionel L'Esperance as Chairman of the Code Enforcement Board. Seconded by Mr. Lazarus. Carried: 7/0. Made by Mr. Andrews to nominate Jim Allen as Vice-Chariman of the Code Enforcement Board. Seconded by Mr. Lazarus. Carried: 7/0. *** Approval of Agenda Made by Mr. Andrews to approve the agenda as pre- sented. Seconded by Ms. Rawson. Carried: 7/0. *** Approval of the Minutes of January 27, 1994 Made by Mr. Andrews to approve the minutes of January 27, 1994. Seconded by Mr. Allen. Carried: 7/0. *** Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY (201) ITEM: COMMENTS: MOTION: FEBRUARY 23, 1994 New Business - Request for Imposition of Fines on Board of County Commissioners vs. James Blattenberger, Case No. 90-011 Mr. Lazarus stated that he will abstain from voting on this item due to a conflict of interest. Code Enforcement Coordinator Cruz stated that this is an Order imposing fines. She said that this Board held a hearing on February 22, 1990 and issued an Order stating that effective March 9, 1990, violations were to be brought into compliance or a fine of $150.00 per day was to be imposed. She revealed that inspections were held on July 9, July 22, August 20, September 17 and December 3, 1991; January 21, February 3, March 6, March 23, March 31, April 2, April 21 and May 14, 1992; January 19 and September 30, 1993; January 13 and February 4, 1994. She indicated that these inspec- tions reveal that the violations remain. She stated that at this time Staff requests the imposi- tion of fines in the amount of $200,700.00 In response to Mr. L'Esperance, Ms. Cruz explained that Mrs. Blattenberger is in attendance and accom- panied by her agent, Attorney Anthony P. Piers, Jr. Mr. Piers stated that he filed a Limited Appearance and Objection to Jurisdiction and presented copies to the Board. Ms. Rawson to admit the Limited Appearance and Objection to Jurisdiction into the record as evi- dence as Exhibit 1. Seconded by Mr. Allen. Carried: 6/0 (Mr. Lazarus abstained). In response to Mr. L'Esperance, Mr. Manalich revealed that it is appropriate for the new members of the CEB to rule on this case because they were presented with a summary background. Mr. Smith stated that the property owner has been notified. He indicated that Staff recommends that the fines be imposed. In reply to Mr. L'Esperance, Mr. Manalich explained that although the respondent is Mr. Blattenberger, there has been a subsequent dissolution of marriage and by operation of the court, the property was automatically transferred to Mrs. Blattenberger. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 23, 1994 Mr. Piers stated that Ms. Blattenberger has never been named as a violator with regard to this cause, therefore, she has never been provided the oppor- tunity to rectify the alleged violations. Mr. Piers explained that Ms. Blattenberger received the property as part of the divorce judgment. He stated that since she has taken control of the pro- perty she has taken aggressive steps to clean up the property. He indicated that Ms. Blattenberger notified the Code Enforcement Department in December. Mr. Piers introduced a letter from Manatee Homes of Naples, Inc., the abutting property owner, stating that heavy clean-up has occurred. He presented photographs of the property as evidence. MOTION: Made by Ms. Rawson to admit the letter from Manatee Homes of Naples, Inc., as Exhibit "B" and the pho- tographs as Exhibit "c" into the record as evi- dence. Seconded by Mr. Andrews. Carried: 6/0. (Mr. Lazarus abstained). Mr. Pires requested that the CEB recognize that Ms. Blattenberger is the property owner, but she is not an agent or representative of James Blattenberger, noting that she has never been named as a violator or respondent, and she has taken great steps to correct the violations. He requested that no fines be imposed. In response to Mr. Andrews, Mr. Manalich replied that there was one previous Order imposing a fine for a much smaller sum. Mr. Manalich commented that State Statute provides that a certified copy of an Order Imposing Fine may be recorded and thereafter shall constitute a lien on the land on which the violation exists. He said that he does not believe that the Divorce Decree curtails this Board's ability to enter the Order imposing the fine on the land. He said that any Order entered can attach only to the property in violation. He stated that any Order entered could pursue Mr. Blattenberger. In response to Mr. Flatto, Mr. Piers reiterated that Ms. Blattenberger had no control over the pro- perty at the time of her marriage. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 23, 1994 Mr. Smith pointed out that Ms. Blattenberger received the notice of hearing and then started the clean-up. Ms. Rawson suggested that whatever the outcome of today's hearing, Ms. Blattenberger may return and request that the fines be reduced or eliminated when the work is complete. In response to comments made by Mr. Piers, Mr. Smith stated that Staff requests that the Order be recorded. He said that if the property is brought into compliance, Ms. Blattenberger may request a reduction in fines. After being sworn in by Ms. Cruz, Larry Langley advised that since being contacted in mid-December, he has been hauling debris from the property on weekends. He described the amount of debris on the property. Referring to the photographs provided, Mr. Andrews commended Mr. Langley on the amount of work that he has done. 10TION: Made by Mr. Andrews that no action be taken at this time and when the property is brought into compliance an adjustment of the fine be made. Ms. Cruz stated that a copy of the Quit Claim Deed, which was recorded on April 21, 1992, states Linda and James Blattenberger as property owners. She reported that the Property Appraiser's property card also indicates that as of April 21, 1992, Linda and James Blattenberger are the property owners. Mr. Piers questioned the effectiveness of the Quit Claim Deed. Mr. Manalich stated that an Order was originally recorded which has the effect of the original amount and covers the $200,000.00 amount. Mr. Smith stated that Staff objects to a con- tinuance. Mr. Manalich suggested that in order to have the maximum safety to see that the amount is covered, that the fine be imposed and the Order entered today. Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 23, 1994 After being sworn in by Ms. Cruz, Linda Blattenberger explained her position and cir- cumstances. Mr. L'Esperance closed the public hearing. MOTION: Made by Mr. A~len to impose and record the fine of $207,000.00 as of this date with a fine of $150.00 ..pe.rday a~c.ruing until such time the project is brought into compliance, with the stipulation that Staff will remain open for a re-hearing to consider a reduction of fines after the property is brought into compliance. Seconded by Mr. Andrews. Carried: 6/0 (Mr. Lazarus abstained). Mr. Piers noted his objection. *** (1773) ITEM: Next Meeting Date COMMENTS: Mr. Smith informed the new members of the Board that the CEB meets the fourth Thursday of every month. He stated that the next meeting will be March 24, 1994. *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 9:55 A.M. at which time a Workshop Meeting was held. CODE ENFORCEMENT B~~ER COUNTY ~-~ I' .I /' --- .---- ----------.-------- Page 6