CEB Minutes 03/24/1994 R
1994
CODE
ENFORCEMENT
BOARD
MINUTES
March 24,1994
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
DATE:
~.1arch 24, 1994
TIME:
9:00 A.M.
PLACE:
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
CEB
STAFF PRESENT
ALLEN
ANDREWS
FLATTO
LAZARUS
LAFORET
L'ESPERANCE
RAWSON
v
~~
SMITH
MANALICH
CRUZ
v
~~
X
Abe.
Exc.
X
X
X
X
X
MINUTES BY: Sue Barbiretti, Recording Secretary
CALLED TO ORDER AT:
9:00 A.M.
ADJOURNED: 9:40 A.M.
PRESIDING: Lionel L'Esperance, Chairman
ADDENDA TO THE AGENDA: None
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
8g~N.Q.6
Date: March 24, 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.
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
February 23, 1994
PUBLIC HEARINGS
Board of County Commissioners vs. Warrenton Enterprises Corp.
CEB No. 94-003
6. NEW BUSINESS
7. OLD BUSINESS
A. Request for Re-hearing CEB No. 94-001
BCC vs. First Bank of Immokalee
B. Request for reduction of fines CEB 90-011
BCC vs. James R. Blattenberger
8. REPORTS
Discussion of expenses incurred by Collier County Code Enforcement
Department during the investigation for CEB 90-011, BCC vs. James
R. Blattenberger
9. NEXT MEETING DATE
April 28, 1994
10. ADJOURN
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
(030)
ITEM:
COMMENTS:
MOTION:
COMMENTS:
MOTION:
(112)
ITEM:
COMMENTS:
MOTION:
(159)
ITEM:
COMMENTS:
MARCH 24, 1994
Approval of Agenda
In response to Mr. L'Esperance, Assistant County
Attorney Manalich replied that it would be logical
to hear Item 8 with Item 7B.
Made by Ms. Rawson to hear Item 8 in conjunction
with Item 7B. Seconded by Mr. Allen. Carried 5/0.
Ms. Cruz, Code Enforcement Coordinator, requested
that Item 7A be heard before Item 5.
Mr. Smith, Acting Code Enforcement Director, stated
that a 30 day continuance will be requested for
Item 5.
Made by Mr. Allen to approve the agenda as amended.
Seconded by Ms. Rawson. Carried: 5/0.
***
Approval of the Minutes of Pebruary 23, 1994
Ms. Cruz remarked that on page 6, paragraph 3, the
amount of the fine should read "$200,700.00".
Made by Mr. Andrews to amend the minutes of
Pebruary 23, 1994., to read "$200,700.00". Seconded
by Mr. Allen. (Corrected copy in the Clerk's
Office). Carried: 5/0.
Made by Mr. Andrews to approve the amended minutes
of February 23, 1994. Seconded by Mr. Allen.
Carried: 5/0.
***
Request for Re-hearing CEB No. 94.-001, BCC vs.
First Bank of Immokalee
Mr. Smith stated that the permits for the First
Bank of Immokalee will be issued today. He said
that Mr. Richard Smith, representative of the Bank,
assured Staff the funds will be released to the
contractor so that he can pick up the permits. He
indicated that at the end of 30 days when the case
comes before the Board, if the permits have been
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
(192)
ITEM:
COMMENTS:
MOTION:
COMMENTS:
MOTION:
COMMENTS:
MARCH 24, 1994
picked up, Staff will recommend that the case be
dismissed.
***
BCC vs. Warrenton Enterprises Corporation CEB No.
94-003
Ms. Cruz reported that the respondent is before the
Board due to failure to abandon, dismantle and
remove from site the existing water and sewage
treatment facility from connection to the County
outside water facilities. She explained that this
is a violation of Collier County Ordinance 87-93.
After being sworn in by Ms. Cruz, Mr. Silang, agent
for the respondent, stated that he has no objection
to admitting Composite Exhibit "A" into evidence.
Made by Ms. Rawson to admit Composite Exhibit "A"
into evidence. Seconded by Mr. Andrews. Carried
5/0.
Ms. Cruz reviewed Ordinance 87-93. She stated that
the investigation determined that the respondent
violated the terms of the Ordinance.
In response to Mr. Manalich, Mr. Silang confirmed
that he would represent Warrenton Enterprises
Corporation.
In response to Ms. Cruz, Mr. Silang agreed with the
violation. He stated that arrangements have been
made to move the sewer treatment plant. He con-
firmed that the removal will be completed on April
8, 1994.
Ms. Cruz presented the Board with a copy of an
Agreement between World Tennis Center and Haskins,
Inc.
Made by Mr. Andrews to accept the Agreement as
Respondent's Exhibit "A". Seconded by Ms. Rawson.
Carried: 5/0.
Assistant County Attorney Manalich advised that the
Board not endorse or become party to this
Agreement.
Chairman L'Esperance closed the public hearing.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
COMMENTS:
MOTION:
(586)
ITEM:
COMMENTS:
ITEM:
COMMENTS:
MARCH 24, 1994
Mr. Manalich stated that he could be authorized to
conform the findings to the essentials because the
Finding of Facts sheets are not included in the
agenda.
In response to Ms. Rawson, Ms. Cruz stated that if
the Board finds the respondent in violation, Staff
would recommend that the removal take place within
30 days. She revealed that if the violation is not
removed within 30 days, Staff would recommend that
a fine of $150.00 per day be imposed.
Made by Ms. Rawson to authorize the County Attorney
to complete the Findings of Fact, Conclusion of Law
and Order in this case that Warrenton Enterprises
Corporation, as owner of record, has admitted to
the violation of Ordinance 87-93 and they be
awarded 30 days from the signing of the Order, to
correct the violation or a fine of $150.00 per day
should ensue. Seconded by Mr. Andrews.
In response to Mr. LaForet, Mr. Smith replied that
the property will have to remain in compliance with
Collier County regulations.
Upon call for the question, the motion carried:
5/0.
***
Discussion of expenses incurred by Collier County
Code Enforcement Department during the investiga-
tion for CEB 90-011, BCC vs. 3ames R. Blattenberger
Mr. L'Esperance requested that this item be
discussed in conjunction with Item 7B.
Ms. Cruz recalled that at the meeting of February
23, 1994, the CEB requested that Staff prepare a
summary of all expenses incurred during the
investigation of Case No. CEB 90-011. She stated
that the total expense is $1,408.00.
Request for reduction of fines CEB 90-011 BCC vs.
3ames R. Blattenberger
Anthony Piers, Jr., representing Linda
Blattenberger, stated that his client has worked to
remedy the violation.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
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MOTION:
MARCH 24, 1994
Ms. Cruz presented the Board with an Affidavit of
Compliance, which she requested be made part of the
record.
Mr. Piers stated that after discussions with Staff,
he is requesting that the fine be reduced to no
fine. He indicated that his client will agree to
the investigative costs of $1,408.10 which were
expended in this matter. He said that he would not
object to an Order being entered to impose a lien
on the property in that amount.
He advised that there is a mortgage on the pro-
perty. He said that any foreclosure action would
trigger foreclosure under the mortgage. He
requested that the CEB direct Staff not to initiate
any foreclosure proceedings for the maximum amount
of time allowed by statute.
In response to Mr. Manalich, Mr. Piers confirmed
that he would not object to the recording of any
Order.
Mr. Manalich stated that the Ordinance speaks in
terms of 5 years to act on the foreclosure. He
remarked that because this was initiated on h?Ct.L dL :( Y
February 22, 1990, this would carry to Fcbru~r~,
1995frY7He confirmed that he has no objection to
recording the Order and coming back to the CEB
prior to February, 1995, if payment of the fine is
still an issue.
Mr. Smith stated that Staff has no objection to the
request.
Mr. Andrews expressed concern regarding the request
because of the precedent it could represent.
Mr. Manalich advised stated that compliance is the
main issue that should be addressed.
Mr. Smith confirmed that if the lien is still unsa-
tisfied, the case will be presented to the CEB in
January, 1995.
Mr. Piers agreed.
Made by Ms. Rawson to reduce the amount of fine
from $200,700.00 to $1,408.10 and to record a lien
for $1,408.10 not to be foreclosed upon until the
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CODE ENFORCEMENT BOARD OP COLLIER COUNTY
MARCH 24, 1994
time allowed by law. Seconded by Mr. Allen.
Carried: 5/0.
***
There being no further business for the Good of the County,
the meeting was adjourned by Order of the Chair - Time: 9:40
A.M.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
(,
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nel L'Esperance, Chairman
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