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CEB Minutes 09/22/1994 R 1994 CODE ENFORCEMENT BOARD MINUTES September 22, 1994 DATE: TIME: PLACE: CODE ENFORCEMENT BOARD OF COLLIER COUNTY 9:00 A.M. September 22, 1994 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB ANDREWS LOUVIERE ALLEN L'ESPERANCE LAZARUS RAWSON LAFORET STAFF PRESENT x X X X X X X MAZZONE MANALICH CRUZ CLARK MINUTES BY: Sue Barbiretti, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 9:45 A.M. PRESIDING: Lionel L'Esperance, Chairman ADDENDA TO THE AGENDA: 1 Item X X X X Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA ~QgN12~ Date: September 2.2, 1994 at 9:00 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, AN~ 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 August 25, 1994 4. PUBLIC HEARINGS A. BCC vs. Bonita Bosonac and Oscar and Myra Valdes CEB No. 94-007 5. NEW BUSINESS ~ N/~ 6. OLD BUSINESS A. REQUEST FOR IMPOSING FINES AND REQUEST FOR REDUCTION OF FINES CEB NO. 93-003 BCC vs. Elba Development Corp: 7. REPORTS N/A 8. NEXT MEETING DATE October 27, 1994 -.. , 9. ADJOURN " CODE ENFORCEMENT BOARD OF COLLIER COUNTY (025) ITEM: COMMENTS: MOTION: (040) ITEM: SEPTEMBER 22, 1994 Addenda to the Agenda Dick Clark, Interim Community Development Administrator, requested that CEB No. 93-003 BCC vs. Elba Development be continued to the meeting of October 27, 1994 and that the meeting be held at the Embassy Woods Clubhouse for the following reasons; many of the residents will have returned to the area and the residents opportunity to be heard will be better served at Embassy Woods rather than the Boardroom. Mr. Clark stated that he has discussed this with the respondent's attorney. He said that the attor- ney agreed to a meeting at Embassy Woods. In response to Mr. Andrews, Mr. Clark replied that the respondent is now in full compliance. He said that the clubhouse, pool and tennis courts are now in use. Mr. Lazarus recalled that several years ago one of the former CEB members argued vehemently for the opportunity to visit a site and that was opposed. Assistant County Attorney Manalich confirmed that as long as all the members of the Board agree to proceed in this manner it is appropriate. He advised that this meeting be treated as a special meeting for that site for only this case. Mr. Laforet asked if this would be setting a prece- dent? Mr. Manalich replied that it is at the Board's discretion, when dealing with an extraordinary case such as this, by vote warrants special circumstan- ces to review the facility and articulate special situation. Made by Mr. Lazarus to continue CEB No. 93-003 to the meeting of October 27, 1994 at 9:00 A.M. at the Embassy Woods Clubhouse. Seconded by Ms. Rawson. Carried: 7/0. *** Approval of Minutes Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: (056) ITEM: COMMENTS: MOTION: COMMENTS: MOTION: COMMENTS: SEPTEMBER 22, 1994 Made by Mr. Andrews to approve the minutes of August 25, 1994. Seconded by Mr. Allen. Carried: 7/0. *** BCC vs. Bonita Bosonac and Oscar and Myra Valdes CEB No. 94-007 Dennis Mazzone, Acting Code Enforcement Coordinator, stated that although the respondent is not in attendance her attorney, Mr. Bruner, is here to represent her. He requested that all details be marked "Composite Exhibit A". Made by Ms. Rawson to accept all details as "Composite Exhibit A". Seconded by Mr. Andrews. Assistant County Attorney Manalich asked if any of the attorneys in attendance wished to comment on Exhibit A. David Bruner, representing Ms. Bosonac, replied that he accepts Exhibit A. Janet Jay, representing Mr. and Mrs. Valdes, stated that she accepts Exhibit A. Upon call for the question, the motion carried 7/0. Mr. Bruner explained that this lot is under contract for sale and has gone to court. He stated that Judge Hayes entered an order ordering that this lot be transferred and sold to Mr. and Mrs. Valdes pursuant to that contract. He said that as a result the respondent signed a warranty deed, agreed to a scheduled closing and the Valdes' did not have the funds to close. He reported that the Valdes' wanted to change the terms of the contract to allow $25,000.00 in attorney fees to be held in escrow. He indicated that they did not have the authority to close on that basis. He said that by equitable conversion the property belongs to the Valdes'. He explained that is why Ms. Bosonac did not fix the seawall, she did not believe it was her lot. Mr. Bruner stated that he spoke to both Mr. Clark, Acting Community Development Administrator and Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 22, 1994 Assistant County Attorney Manalich and agreed to this proceeding. He stated that the seawall does need repair and the respondent will take steps to have it repaired at her expense. Mr. Mazzone stated that according to the Property Appraiser and Deed records, Ms. Bosonac is the owner of record. He explained that the respondent is before this Board because they have allowed the continuing deterioration of a failed seawall which is a violation of Collier County Ordinance 85-26 and Collier County Ordinance 85-2. He explained that on April 12, 1994 an investigation was made. In response to Mr. Lazarus, Mr. Clark replied that the issue is assurance. He said that the assurance is if there is a violation and the respondent has agreed to repair it Staff would recommend a period of 30 days for the repairs to be made. He said if the repairs are not made in that time Staff is requesting that a fine of $150.00 per day be imposed. Mr. Bruner asked if it were possible to have 30 days to obtain a contract to have the repairs done? Mr. Clark replied that the repair work would have to be done in 30 days. He said that the repairs have been necessary for some time. He stated that negative effects to adjoining properties are a result of the violation. Mr. Bruner stated that having the repairs done within 30 days is not in his control. He referred to page 49 which is a proposal from Marco Marine Construction. He said that he telephoned the com- pany yesterday to confirm if the proposal was still good. He said that the answer was "probably" but the conditions would have to be investigated to determine if conditions had deteriorated further. He stated that a contract could be obtained in 30 days. He said that he cannot guarantee that the seawall would be repaired in 30 days. Mr. Lazarus stated that if the Board grants an order requiring that the work be completed in 30 days and there is evidence of good faith, although the work is not completed, the respondent could appear before the Board and request an extension. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 22, 1994 Mr. Bruner reiterated that a contract can be nego- tiated in short order. He said that he is not in a position to control Marco Marine Construction as to when they will have it repaired. Mr. Clark suggested a time certain within 60 days. Mr. Clark also requested that the CEB direct Staff to file the Order of the Board immediately and if the violations are not completed in that period of time the fines be recorded immediately as liens. He explained that there is litigation regarding ownership and the County prefers not to be in the position of having to impose fines against someone who subsequently owns the property. Assistant County Attorney Manalich stated that according to Florida Statute if an Order is entered and recorded today that would bind any subsequent successors in interest. Mr. Laforet asked about the fill behind the seawall on adjacent properties? Mr. Clark confirmed that if the CEB determines that the respondent is responsible for loss of fill it could include that repair in the Order. Mr. Mazzone remarked that the respondent is being referred to as Bonita Bosonac. He pointed out that she is also known as Bonita Cater. Attorney Janet Jay, representing Mr. and Mrs. Valdez, stated that the matter is pending on appeal before the Second District Court of Appeal at this time. She said that she has requested that the Second District remand the case back to Collier County for determination by the Circuit Court. She stated that she does dispute Mr. Bruner's represen- tation to the Board of the facts and the applicable law. She said she commends him for the position he has taken regarding the responsibility for the matter. In response to Mr. Lazarus, Ms. Jay replied that the deed is in possession of the Court at this time. In response to Mr. Lazarus, Mr. Mazzone replied that Staff recommends, under the terms of the Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: SEPTEMBER 22, 1994 Order, the parties have 60 days to collectively or individually repair the seawall in question, that contracts must be obtained and work must be started within a 20 day period of time. He said that if not repaired the County will request the imposition of fines of $150.00 a day for each day the violation remains. In response to Mr. Lazarus, Mr. Clark explained that the word "collectively" is used in the case that there is more than one owner. Mr. Bruner requested that he be allowed 30 days to obtain a contract. Ms. Louivere stated that she believed that the time period recommended by Staff is more than adequate. Mr. L'Esperance closed the public hearing. Made by Ms. Rawson that, in CEB Case No. 94-007, which came before the Board on September 22, 1994, and the Board heard testimony under oath, received evidence, heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order as follows: That Bonita Bosonac is the owner of record of the subject property. That the CEB has jurisdic- tion of the person of the Respondent and that she was represented by Counsel that was present at the public hearing. All notices required by Collier County Ordinance 92-80 have been properly issued. That the real property legally described as Marco Beach Unit 12, Block 383, Lot 5, is in violation of Section 2 of the Ordinance 85-26 and Section 2 of the Ordinance 85-2 in the following particulars: a) allowing the continuing deterioration of a failed seawall with an accompanying loss of fill on an unimproved property in Collier County. Conclusions of Law: That Bonita Bosonac is in violation of Section 2 of Collier County Ordinance 85-26 and Section 2 of Collier County Ordinance 85-2, the Collier County Seawall Ordinance. Seconded by Mr. Andrews. Mr. Lazarus suggested that the motion be amended to refer to the name of the Respondent as Bonita C. Bosonac a/k/a Bonita Cater. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: COMMENTS: MOTION: COMMENTS: MOTION: COMMENTS: SEPTEMBER 22, 1994 Ms. Rawson agreed to amend the motion. Upon call for the question the motion carried: 7/0. Made by Ms. Rawson that, the Order of the Board will be that based upon the following Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statues, and Collier County Ordinance No. 92-80, it is hereby ordered: Section 2 of Collier County Ordinance 85-26 and Section 2 of Collier County Ordinance 85-2 in the following manner: 1) That Ms. Bosonac a/k/a Cater has allowed the continuing deterioration of a failed seawall with an accom- panying loss of fill on an unimproved property in Collier County. 2) That said correction be completed on or before 60 days from today's date, on or about November 22, 1994. If the respondent does not comply with this Order on or before that date, in that event the Respondent is hereby ordered to pay a fine of $150.00 per day for each and every day any violation described herein con- tinues past said date. Failure to comply with the Order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Florida Statues, which may be foreclosed, and Respondent's property sold to enforce the lien. Mr. Lazarus remarked that the Finding of Fact describes the violation rather than the correction. He suggested that it read "Seawall must be replaced or repaired within 60 days from the date of this Order". Ms. Rawson agreed to amend the motion. Seconded by Mr. Lazarus. Assistant County Attorney Manalich suggested that the motion include all repairs and necessary fill on that property or adjacent properties that are caused by the failure. Ms. Rawson agreed to amend the motion. Seconded by Mr. Lazarus. Assistant County Attorney Manalich asked if there is an LDC parallel citation here? He said that if there is, he will include it. He said that he will also include the legal description. He asked if the Order should be recorded to bind successor's interest? Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: SEPTEMBER 22, 1994 Ms. Cruz indicated that 60 days from today's date will be November 21, 1994. Upon call for the question, the motion carried 7/0. Mr. L'Esperance explained that it is the consensus of the Board to record this Order. Mr. Manalich pointed out that the only Respondent will be Bosonac Cater. Mr. L'Esperance remarked that the Agenda was not approved. He asked if there is any Agenda amend- ments or New Business? Mr. Mazzone stated that in CEB Case 90-025, BCC vs. Robert McCarthy, the Respondent has paid his fine as requested by the Board and is in compliance. In response to Mr. L'Esperance, Mr. Clark explained that there was construction equipment and sewage plant equipment left on a vacant piece of property for quite some time. He stated that the Board had ordered the equipment to be moved. He said they failed to do so, thus the imposition of fines. Mr. L'Esperance asked if there is any New Business or Agenda amendments? Butch Weigold, President of American Subcontractor's Association of Collier County, stated that the Association has concerns regarding the new stockpiling Ordinance. Mr. Lazarus stated that the Code Enforcement Board does not have anything to do with establishing the Ordinance. He explained that the Board enforces the Ordinance. Mr. Weigold requested the CEB's support to help get the Ordinance tabled until issues are resolved. Mr. Lazarus stated that the Board does not get into the legislative arena. Mr. L'Esperance announced that the next meeting date is October 27, 1994, 9:00 A..M., Embassy Woods. He said it will be a special meeting that will be open to the general public. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 22, 1994 MOTION: Made by Ms. Rawson to adjourn. Seconded by Ms. Louviere. Carried: 7/0. *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair. CODE COLLIER COUNTY Page 9