Loading...
CEB Minutes 11/22/1993 1993 Code Enforcement Board Minutes November 22, 1993 .\ DATE: TIME: PLACE: - CODE ENFORCEMENT BOARD OF COLLIER COUNTY November 22, 1993 9:00 A.M. 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB ANDREWS LAZARUS L'ESPERANCE PEDONE RAWSON ALLEN VARIE STAFF PRESENT x X EXC. X X X X BARTOE CLARK CRUZ MAGUIRE MANALICH SMITH MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 11:05 A.M. PRESIDING: Michael Pedone, Chairman " ADDENDA TO THE AGENDA: None .~ .., . X X X X X X Page 1 rt~ J {f~ ~ ''If''' S1I. f'knl-- CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA A9.ENRA Date: November 22, 1993 at 9:00 o'clock A.M. Location: Collier County Government Ce~ter, 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 October 28, 1993 4. PUBLIC HEARINGS Board of County Commissioners vs. Meadowood Club Apts., Inc. CEB Case No. 93-011 5. NEW BUSINESS N/A 6. OLD BUSINESS N/A 7. REPORTS Review of Code Enforcment Board Attendance Record 8. NEXT MEETING DATE Open for discussion 9. CODE ENFORCEMENT BOARD WORKSHOP I 10. ADJOURN ./ CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape #1 (28) ITEM: MOTION: (35) ITEM: MOTION: (45) ITEM: COMMENTS: MOTION: NOVEMBER 22, 1993 Approval of Agenda Made by Mr. Andrews to approve the agenda. Seconded by Mr. Varie. Carried 6/0. ***** Approval of the October 28, 1993 Minutes Made by Mr. Andrews to approve the ainutes of the October 28, 1993 aeeting, as presented. Seconded by Mr. Allen. Carried 6/0. ***** Board of County Commissioners vs. Meadowood Club Apts., Inc. Code Enforcement Coordinator Cruz advised that Composite Exhibits "A" and "B" have been provided to the Board, Recorder and Agent for Meadowood Apts., Inc. After being sworn in by Ms. Cruz, Mr. Len Berlin stated that he is a state certified general contractor, acting in the capacity as Agent for the Owner, Meadowood Apts., Inc. In response to Assistant County Attorney Manalich, Mr. Berlin revealed that he has been authorized to represent the Respondent by the National Apartment Service Bureau, Inc., which represents the various owners of the Meadowood Apts. Ms. Cruz requested that this item be heard as an emergency due to the seriousness of the violation and that the notice requirements be waived. The Board concurred with the request of Ms. Cruz. Ms. Cruz asked that Composite Exhibits "A" and liB" be admitted as evidence. Mr. Berlin cited no objection to this request. Made by Ms. Rawson to admit Composite Exhibits "A" and "B" into the record as evidence. Seconded by Mr. Allen. Carried 6/0. Page 2 .CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMMENTS: NOVEMBER 22, 1993 Upon being sworn in by Ms. Cruz, Code Enforcement Supervisor Bartoe stated that he visited the Meadowood Apts. on September 24, 1993, due to an apparent structure failure when a balcony fell, resulting with injuries sustained by two men. Mr. Bartoe revealed that he observed rotted wood, rusting steel and an unsafe balcony at Building 4544, Unit 5, Meadowood. Mr. Bartoe presented Composite Exhibit "c" which he identified as pieces of steel taken from the stringer that is the side support of the steps. He reported that he subsequently inspected other stairways of the complex and found that they were in a similar deteriorated condition. Mr. Bartoe presented Composite Exhibit "D", iden- tifying same as one of the floor joists that failed when the two men fell from Building 4544. He explained that the joists are intended to support the floor above. Mr. Bartoe displayed Composite Exhibit "E", rotted header and pieces of plywood from the subject unit. He remarked that these exhibits depict advance stages of deterioration. Mr. Bartoe provided Composite Exhibit "F", pieces of a rusted stair pan assembly from Building 4538 at Meadowood. He noted that the entire complex appears to be of the same condition. Mr. Berlin stated that he does not disagree with the findings of Mr. Bartoe and noted that it is obvious that deterioration has taken place. He cited that in defense of the people responsible for the maintenance of the project, the balcony damage may not have been apparent to the untrained eye. He explained that Messrs. Clark, Bartoe and himself inspected several other balconies and found that because of a plywood ceiling being in place below the floor joists it was obvious in most of the units that there was water staining. Mr. Clark explained that this project has lawn sprinkling heads underneath the stairways and this may have caused the rusting. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: NOVEMBER 22, 1993 Mr. Berlin advised that every stairway within this project will be repaired or replaced. Mr. Varie questioned whether pressure treated lumber should have been used. Mr. Berlin stated that the stairways were built in accordance with the original drawings. Mr. Allen voiced confusion as to whether the stairs were designed incorrectly, constructed incorrectly or maintained incorrectly. Ed Maguire, Development Compliance Director, was sworn in by Ms. Cruz. He related that he responded to a report from the Fire District when advised about the failure at Meadowood and the people falling through the balcony. Mr. Maguire stated that he found no code violations relative to the structural elements of the balcony. With regard to pressure treated lumber, he remarked that it is not required in this situation. He revealed that he found rotted wood as a result of prolonged moisture and it appears that the design was not intended for that wood to get wet. He reported that further investigation revealed that some units in this complex experienced water leak stains on the ceilings below the stair assembly, within one year of construction. Mr. Maguire explained that he was informed that the contractor delivered between 800 and 1,000 gallons of sealant to treat the decks on the balconies to keep those systems dry. In response to Mr. Allen, Mr. Maguire related that there appears to be a design deficiency but in addition, there is a maintenance deficiency. Mr. Berlin stated that he was contacted approxima- tely 3 years and 8 months ago by the original owners of the project for the purpose of waterproofing the balcony slabs. He indicated that he provided a proposal for the repairs, however, it was never accepted and there was no further com- munication on this matter until prior to October 28, 1993. Made by Mr. Lazarus to accept Composite Exhibits "C" through "F" into the record as evidence. Seconded by Mr. Andrews. Carried 6/0. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY NOVEMBER 22, 1993 Chairman Pedone noted that Mr. Berlin's contract with Meadowood is dated November 21, 1993. Mr. Berlin advised that the current management company had problems gaining the employment of an engineer. He remarked that he contacted a consulting engineer to examine the project and provide his reasons as to the cause of the structural failure. He noted that these drawings were completed on November 19, 1993 and submitted to the Building Department for permit at 4:30 P.M. the same date. He related that he then estimated the cost of replacing the balco- nies and proceeded to obtain a signed revised contract to include the total scope of repairs as required. *** Recess 9:35 A.M. - Reconvened 9:.0 A.M. *** Tape #2 Mr. Allen remarked that he has a problem with the total picture in this matter. He stated that this is a 7 year old apartment complex with 144 stair- cases and 144 balconies. He noted that the only allegation appears to relate to maintenance. He revealed, in his opinion, a structure that is built in Collier County should maintain a life of 30, 40 or 50 years with no maintenance whatsoever. Mr. Clark remarked that the stairways clearly indi- cate a lack of maintenance. A review of the plans ensued at this time. Mr. Berlin explained that an Orlando firm will fabricate replacement units for the project. He indicated that Meadowood would not have had the structural failure if the sprinkler heads had not been located underneath the stairs and if proper maintenance had been performed. He pointed out that the majority of damage occurred at the base of the staircase, encompassing the first 5 or 6 stairs. Mr. Allen cited that he has found discrepancies in the construction. He remarked that marine plywood is specified. Mr. Berlin indicated that marine plywood was not used. After being sworn in by Ms. Cruz, Code Enforcement Supervisor William Smith announced that he visited the site on November 19, 1993 and found that there Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: NOVEMBER 22, 1993 was no mesh in the slab, no felt paper, and no marine plywood as required on the plan. Mr. Pedone remarked that it appears the design was not adhered to. Mr. Smith affirmed that there are deviations from the plans. Mr. Andrews questioned the number of balconies that were investigated. Mr. Clark replied that all balconies were inspected, however, the inside of four structural members were looked at. Assistant County Attorney Manalich requested authorization to make the fOllowing housekeeping corrections in the pertinent documentation: pro- vide reference to Ordinance 92-80 and Ordinance 91-102, where applicable; provide the correct code references; style of this case should be Meadowood Ltd., as Owner; and that the legal description, per the deed, be inserted in the Findings of Fact. The Board concurred that the County Attorney be authorized to make the necessary housekeeping corrections. Made by Mr. Lazarus .oved that the Findings of Fact, Conclusions of Law and Order of the Board with regard to Board of County Coaaissioners, Collier County, vs. Meadowood Club Ltd., are as follows: This Cause caae on for public hearing before the Board on Noveaber 22, 1993, and the Board having heard testiaony under oath, received evidence, and heard arguaents respective to all appropriate aatters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: That Meadowood Club Ltd., is the owner of record of the subject property. That the Code Enforceaent Board has jurisdiction of the person of the Respondent that was represented at the public hearing. All notices as required have been properly issued. That the real property legally described per the deed, is in violation of Section 5, subsection 12 paragraph (f) and (q) of Collier County Housing Code Ordinance 89-06 in the following particulars: Failure to aaintain stair- ways and balconies in good repair and in safe con- dition. That Meadowood Club Ltd. is in violation of Section 5, subsection 12 paragraphs (f) and (q) of Collier County Housing Code Ordinance 89-06. Seconded by Mr. Allen. Carried 6/0. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: NOVEMBER 22, 1993 Made by Mr. Lazarus that Based upon the foregoing Findings of Fact and Conclusions of Law and pur- suant to the authority granted in Chapter 162, Florida Statutes, and Collier County Code Enforceaent Ordinance 92-80, it is hereby Ordered: That the Respondent correct the violation of Section 5, subsection 12 paragraph (f) and (q), Collier County Rousing Code 89-06, in the following aanner: Any stairway or balcony found to be in eainent danger of collapsing or otherwise being unsafe shall be placed in a safe condition within 72 hours of the effective date of this Order. All first floor units shall have outside locking devi- ces to prevent access to balconies within seven days of the effective date of this Order. Any second floor occupied units shall have outside locking devices to prevent access to balconies within 72 hours of the effective date of this Order. Any occupied second floor units shall have stairways and balconies replaced, repaired or otherwise ..de in safe condition as certified by a registered engineer in Collier County within 30 days of the effective date of this Order. Any unoccupied second story units shall have stairways and balconies repaired or replaced within 120 days of the effective date of this Order. If the Respondent does not co.ply with this Order on or before the dates specified above, then and in that event the Respondent is hereby ordered to pay a fine of $250 per day for each and every day any violation described herein continues past said date. Failure to coaply with the Order within the specified tiae will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes, which aay be foreclosed and Respondent's property sold to enforce the lien. This Order shall apply to each and every of the 36 buildings in the Meadowood Club Ltd. cOllplex. Done and Ordered this 22nd day of Nove.bar, 1993. Seconded by Mr. Andrews. Carried 6/0. Assistant County Attorney Manalich reiterated that the $250 fine per day would be assessed for each and every violation, should the Respondent not comply with the Order. Mr. Berlin acknowledged that he understands the intent of the motion. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY *** (1868) ITEM: COMMERTS: (2250) ITEM: COMMElfTS: ITEM: COMMENTS: NOVEMBER 22, 1993 It was the consensus of the Board that the Order would be recorded. Recess 10:30 A.M. - Reconvened 10:.0 A.M. *** New Business Mr. Lazarus pointed out the Meadowood case may not be an isolated situation. He remarked that it appears that either inspections were delinquent, or there were no inspections at all. He indicated that proper inspections should have disclosed the fact that there were discrepancies from the plans. He cited that building inspections may not be con- ducted properly. He suggested that this matter be flagged and brought to the attention of the County Manager or the Board of County Commissioners. It was the consensus of the Board that Mr. Lazarus draft a letter in this regard to be forwarded to the County Manager. ***** Report of Code Enforceaent Board Attendance Record Assistant County Attorney Manalich called attention to and read the Attendance Requirements, Section Eight of Ordinance 92-44, relating to advisory boards. He pointed out that there is a slight contradiction between this provision and Code Enforcement Board Ordinance 92-80. He suggested that the Board may wish to consider an amendment for clarification and operate under two consecutive unexcused absences. Mr. Pedone requested that he, the Vice Chairman or the County Attorney's Office be notified in the event that a member is unable to attend a meeting. ***** Next Meeting - January 27, 199. It was the consensus of the Board that the next regular meeting will be held on January 27, 1994. ***** Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY NOVEMBER 22, 1993 There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT LLIER COUNTY Page 9