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CEB Minutes 04/22/1993 1993 Code Enforcement Board Minutes April 22, 1993 .,... ." CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: April 22, 1993 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS LAZARUS L'ESPERANCE PEDONE RAWSON ALLEN VARIE x X X X X X X BARTOE CLARK CRUZ KIRBY MANALICH X X X X X MINUTES BY: Ellie Hoffman, Deputy Clerk .. CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 11:45 A.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None Page 1 ~ III""':: -----= CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA ~ Q ~ ~ Q ~ (Revised) Date: April 22, 1993 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 . APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 4. PUBLIC HEARINGS A. BCC vs. ELBA Development Corporation CEB No. 93-003 B. BCC vs. Montclair Building Corporation CEB No. 93-004 C. BCC vs. The Deauville Lake Club Dev. Corp. CEB No. 93-005 D. BCC vs. Bobby Gene and Billy Jean McCollum CEB No. 93-002 5. NEW BUSINESS Election of Chairman and Vice-Chairman 6. OLD BUSINESS Request for reduction of fines in case n92-015 BCC. vs. Estate of Nancy Zilowey, Stacey A. Ruggerillo, Representative and William Zilowey & Bonnie Zilowey, as Tenants in Common 7. REPORTS N/A 8. NEXT MEETING DATE May 27, 1993 9. ADJOURN -- CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape #1 (21) ITEM: COMMENTS: (25) ITEM: MOTION: (30) ITEM: COMMENTS: (45) CASE NO: RESPOIfDENT: LOCATION OF VIOLATION: COMMENTS: APRIL 22, 1993 Mr. Jim Allen Welcomed Chairman Pedone welcomed new member, Jim Allen to the Code Enforcement Board. *** Approval of the Agenda Made by Mr. Lazarus to approve the Agenda as pre- sented. Seconded by Mr. Allen. Carried 7/0. *** Approval of Minutes - January 28, 1993 Motion for approval of the January 28, 1993 Minutes was made at the end of the meeting to allow all Board members the opportunity to peruse same. *** 93-003 ELBA Development Corporation 6800 Davis Blvd., Naples Florida, more particularly described as Embassy Woods Golf & Country Club at Bretonne Park, Phase One, Tract A. Code Compliance Coordinator Cruz stated that the Board, Respondent and the Clerk have been provided with Composite Exhibit "A", CEB #93-003, Board of County Commissioners vs. ELBA Corporation, Kenneth R. Meadvin, President, Eli Baron, Director and George Rice, Agent. Ms. Cruz announced that ELBA Development Corporation is before this Board due to allowing the continuing existence of a partially constructed and abandoned structure without the authority of a valid building permit or Certificate of Occupancy which is a violation of the Land Development Code, Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 22, 1993 Ordinance 91-102 (as amended) by Ordinance 92-73. In addition, she reported this is also in violation of The Collier County Construction Administrative Code. Mr. George Rice was sworn in by Ms. Cruz. He advised that he has no objection to admitting Composite Exhibit "A" into evidence. Code Enforcement Supervisor Clark revealed that staff has labeled a copy of the blue prints of the subject structure as Composite Exhibit "B". Mr. Rice indicated that he has no opposition to admitting the blue prints into evidence. It was the consensus of the Board to admit into evidence Composite Exhibits "A" and "B". Mr. Clark detailed the alleged violations as outlined in Composite Exhibit "A". He indicated that the partially completed structure is a viola- tion of the Agreement with Collier County Government. Mr. Clark advised that on April 11, 1991 the respondent was advised that his building permit application for the construction of the Embassy Woods Clubhouse was approved by the County and the permit could be issued. However, it was not until April 10, 1992 that the permit was paid for and issued. He recalled that two minor building inspections were completed but no further inspec- tions followed. He reported that on January 15, 1993, the building permit was canceled by Customer Services Director, Ed Gehring, under the authority of Ordinance 91-56. Mr. Clark remarked that the property owner now has an uncompleted building which is in violation of the various Sections of the Ordinances as depicted in Composite Exhibit "A". Mr. Rice stipulated that the violation does exist and agreed to remove same. Upon being sworn in by Ms. Cruz, Mr. Kenneth Meadvin explained that financial problems have made it very difficult for the project to proceed as Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY *** MOTION: APRIL 22, 1993 planned. He announced that as of ten days ago, construction of the clubhouse has re-commenced, inspection was approved on April 21, 1993. He advised that this facility in addition to the ten- nis courts, swimming pool and all other recreational facilities will be completed within six months. Mr. Clark requested that the Board find the Respondent in violation as stipulated and that he be ordered to apply for and receive the required building permits by April 29, 1993, or remove the uncompleted structure and debris by that date. He suggested that the Findings include the following: that the Respondent obtain the required building permit by April 29, 1993; complete construction, pass all required inspections and obtain the required Certificate of Occupancy for that complex by November 1, 1993. Mr. Clark indicated that staff is requesting that 1/3 of the construction of the Clubhouse be completed within 60 days; 2/3 completed within 120 days; and that all construction and inspections be completed, and successfully passed within six months. In addition, he recommended that the Certificate of Occupancy be issued within the six month period. He recommended that a fine of $250 per day per violation be imposed if any of the deadlines are not met. The following persons spoke with regard to this item: Kay Petit John Dissauer Richard Gaffney David Morano Recess 9:50 A.M. - Reconvened 10:00 A.M. *** Made by Mr. Lazarus that, in CEB Case No. 93-003, Respondent is to correct the violations pursuant to the Findings of Fact, Conclusions of Law and Order of the Board on file in the Clerk's office. Seconded by Mr. L'Esperance. Carried unanimously. *** Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY (2060) CASE NO.: RESPOIfDENT: COMMENTS: APRIL 22, 1993 93-004 Montclair Building Corp., Kenenth R. Meadvin Code Compliance Coordinator Cruz advised that Composite Exhibits "A" and liB" are marked as CEB #93-004, Board of County Commissioners vs. Montclair Building Corporation, Kenneth R. Meadvin, President and have been provided to the Board, Respondent and the Clerk. Ms. Cruz noted that Montclair Building Corp. is before the Board due to allowing the continuing existence of a partially constructed and abandoned structure (swimming pool) without the authority of a valid building permit or Certificate of Occupancy which is a violation of the Land Development Code, Sections 2.1.15 and 2.7.6. (3) and various Sections of the Collier County Building and Construction Administrative Code. Mr. Meadvin stated that he does not object to Composite Exhibits "A" and "B" being admitted into evidence. At this time the Board accepted the sub- ject Exhibits into evidence. Mr. Clark explained that on November 4, 1991, a building permit was issued for construction of a commercial swimming pool at Embassy Woods. He noted that on November 12, 1991, the pool shell and ground passed inspection. Mr. Clark advised on January 15, 1993, the building permit was canceled by Customer Services Director, Ed Gehring, under the authority of Ordinance 91-56. Mr. Clark referred to Composite Exhibit "A" which contains photographs depicting a pool that is not completed and is quite dangerous in its present condition. Mr. Clark cited that the Land Development Code sta- tes that: "A permit issued shall be construed to be an agreement to proceed with the work through to completion of improved construction leading to the issuance of a Certificate of Occupancy." He recalled that the building permit expired and there was no Certificate of Occupancy issued. Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: (2785) CASE RO.: RESPONDENT : APRIL 22, 1993 In response to Mr. Clark, Mr. Meadvin stipulated to the existence of the violation. Mr. Clark recommended that the Board determine that the violation exists and order of the Respondent to complete the pool along with the Certificate of Occupancy within 90 days from this date. Mr. Meadvin requested that consideration be given to allowing 120 days for completion of the pool. He explained that the area is now secured and noted that the work will be done in conjunction with work to be done at Embassy Woods. Mr. Clark replied that he has conferred with one of the construction directors for Montclair and was advised that 90 days would not be a problem, and staff's position for the 90 day stipulated time frame remains the same. Mr. Clark recalled that the pool in its present condition is unsafe, however, Mr. Meadvin states that a fence has recently been installed. He noted that the fence that has been installed is temporary and could easily come down. He indicated that children certainly have the ability to play around this construction site and this is a real danger. He suggested that this situation needs to be remedied as quickly as possible. There were no speakers. Chairman Pedone announced that the public hearing is now closed. Made by Mr. L'Esperance that, in CEB Case No. 93-004, Respondent is to correct the violation pur- suant to the Findings of Fact, Conclusions of Law and Order of the Board on file in the Clerk's office. Seconded by Mr. Allen. Carried unani- mously. *** 93-005 Deauville Lake Club Development Corp. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY LOCATION OF VIOLATION: COMMENTS: APRIL 22, 1993 5746 Deauville Lane Cr., Naples, Florida Code Compliance Coordinator Cruz stated that the Board, Respondent, and the Clerk have been provided with Composite Exhibits "A" and "B", CEB #93-005, Board of County Commissioners vs. The Deauville Lake Club Development Corp., Mimon Baron, President. Ms. Cruz announced that the Deauville Lake Development Corp. is before the Board due to allowing the continuing existence of a partially constructed and abandoned structure "commercial swimming pool" and "club house and cabana" without the authority of a valid building permit or Certificate of Occupancy which is in violation of the Land Development Code, and the Collier County Building and Construction Administrative Code. She requested that the Board admit Composite Exhibits "A" and "B" into evidence. After being duly sworn in by Mr. Clark, Mr. George Rice, stated that he has the authority to represent The Deauville Lake Club Development Corp. Mr. Clark reported that this case is very similar to the two previous cases. He remarked that the violations relate to failure to complete struc- tures. He explained that the clubhouse has now obtained a building permit which is good for 90 days and that completion must be forthright within the 90 day period and if not, staff will be back before the Board with this issue. Mr. Clark questioned whether Mr. Rice would stipu- late that there is a violation, as stated in Composite Exhibit "A", reflecting that the uncompleted swimming pool at Deauville Lake does not have a Certificate of Occupancy nor does it have a valid building permit. Mr. Rice replied affirmatively. Mr. Clark requested that the Board find that the violation as stated, does exist; that the owner obtain a building permit by April 29, 1993 for completion of the pool; and if the respondent fails to comply, that a fine of $250 per day be imposed. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 22, 1993 Mr. Clark further recommended that after obtaining the building permit, the pool must be completed and a Certificate of Occupancy issued for same within 90 days, and failure to comply would result in a fine of $250 per day. Mr. Clark stated that staff is also recommending that by 4:00 P.M. on April 23, 1993, that a safety fence be installed around the pool, noting that failure to comply will result in a fine of $250 per day. *** Ms. Rawson was excused and left the meeting at this time (10:40 A.M.) *** Mr. Rice requested that the requirement to fence the pool be extended to a 10 day period. Mr. Clark stated that he feels that three days is a reasonable amount of time to accomplish the fencing of the pool. Mr. Rice concurred. Chairman Pedone advised that the public hearing is closed. Tape #2 MOTION: Made by Mr. Lazarus that, in CEB Case No. 93-005, the Respondent is to correct the violations pur- suant to the Findings of Fact, Conclusions of Law and Order of the Board on file in the Clerk's office. Seconded by Mr. L'Esperance. Carried 6/0. * lie * *** Recess 10:50 A.M. - Reconvened 11:05 A.M. *** (220) CASE NO: 93-002 RESPOIfDENTS: Bobby Gene McCollum and Billie Jean McCollum LOCATION OF VIOLATION: 22nd Ave. N.W., Naples, Florida, more particularly described as Golden Gate Estates Unit 97 East 150 feet of Tract 68 COMMENTS: Code Compliance Coordinator Cruz stated that the Board, Respondents and Clerk have been provided with Composite Exhibit "A" referencing CEB 93-002. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 22, 1993 Ms. Cruz indicated that the Respondents are not present, but noted that Attorney Robert Hines is their legal representative and is present. Ms. Cruz explained that the Respondents are before this Board due to the removal of vegetation, con- ducting site work, grading improvement of property and the creation of an earthen depression prior to the issuance of a building permit which are viola- tions of the Land Development Code and Ordinance 91-47. Ms. Cruz requested that Composite Exhibit "A" be admitted into evidence. Attorney Robert Hines indicated no objection to Composite Exhibit "A" being admitted into evidence. It was the consensus of the Board to admit Composite Exhibit "A" into evidence. In answer to Mr. Clark, Mr. Hines acknowledged that violations, as noted, do exist on the subject pro- perty. After being sworn in by Ms. Cruz, Environmental Compliance Investigator Kirby advised that he has met with Messrs. McCollum and Hines at the site. He revealed that the following has been agreed upon: restore property back to elevations that existed at the time of the purchase, i.e. fill in excavated pond area to its original elevation, using the fill on site and replant 5,550 square feet of wetland vegetation in accordance with the LDC's restoration standards; and complete the two operations within 60 days. Attorney Hines divulged that his client concurs with the restoration and time frame as detailed by Mr. Kirby. Mr. Clark stated that staff recommends that compliance be met within the 60 day time frame or failure to comply will result in a fine of $125 per day for each and every day thereafter. There were no speakers. Chairman Pedone announced that the public hearing is closed. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 22, 1993 MOTION: Made by Mr. L'Esperance that, in CEB Case No. 93-002, the Respondents are to correct the viola- tions pursuant to the Findings of Fact, Conclusions of Law and Order of the Board on file in the Clerk's office. Seconded by Mr. Allen. Carried 6/0. *** (600) OLD BUSINESS: Request for Reduction of fines in Case #92-015 BCC vs. Estate of Nancy Zilowey, Stacey A. Ruggerillo, Representative and William Zilowey & Bonnie Zilowey, as Tenants in Common COMMENTS: Mr. Clark advised that Case #92-015 was heard before the Board several months ago. He recalled that Mr. Zilowey agreed to demolish the top floor of the structure due to the violations. He indi- cated that at that time staff made mention that the structure was to be brought into compliance with existing County Codes. Mr. Clark stated that there was an additional option in this regard, and Mr. Zilowey chose to exercise same. Mr. Clark explained that Mr. Zilowey had an engineer provide an opinion as to how the structure could be brought into compliance. He indicated that a building permit was obtained, completed the structure and passed all inspections. He revealed that the structure currently meets County Codes and a Certificate of Occupancy has been obtained. Mr. Clark related that Mr. Zilowey is requesting a reduction in fines. He revealed that the Respondent has had serious health and financial problems. He noted that a reduction is being requested from the present accumulated amount of $100 per day, totaling $4,000 to $500. He advised that staff is not opposed to the reduction of fines, as requested. MOTION: Made by Mr. Lazarus to reduce the fines with regard to CEB Case #92-015 from $4,000 to $500. Seconded by Mr. L'Esperance. Carried 6/0. *** Recess 11:25 A.M. - Reconvened 11:40 A.M. *** Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 22, 1993 *** (1356) ITEM: Approval of January 28, 1993 Minutes MOTION: Made by Mr. Lazarus to approve the January 28, 1993 Minutes, as presented. Seconded by Mr. L'Esperance. Carried 6/0. *** NEW BUSINESS: Election of Chairman and Vice-Chairman MOTION: Made by Mr. Varie to nominate Mr. Lazarus as Chairman. Motion died for lack of a second. MOTION: Made by Mr. Andrews to nominate Mr. Pedone as Chairman. Seconded by Mr. L'Esperance. Carried 5/t (Mr. Varie opposed and Ms. Rawson out). MOTION: Made by Mr. Allen to nominate Mr. L'Esperance as Vice-Chairman. Seconded by Mr. Andrews. Carried 5/t (Mr. Varie opposed and Ms. Rawson out). *** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT OF COLLIER COUNTY Page 11