CEB Minutes 01/23/1992
1993
Code
Enforcement
Board
Minutes
January 23, 1992
DATE:
TIME:
PLACE:
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
9:00 A.M.
January 23, 1992
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
CEB
ANDREWS
CONSTANTINE
VARIE
LAZARUS
PEDONE
STRAIN
WILLIAMS
STAFF PRESENT
x
X
ABS
ABS
X
X
ABS
CLARK
VALCARCEL
WILSON
MINUTES BY: Annette Guevin, Deputy Clerk
CALLED TO ORDER AT:
9:10 A.M.
ADJOURNED: 9:20 A.M.
PRESIDING: Mark Strain, Vice Chairman
ADDENDA TO THE AGENDA: None
X
X
X
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
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Date: January 23, 1992, at 9:00 o'clock A.M.
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 September 30, 1991 and October 24, 1991
and November 25, 1991
4. PUBLIC HEARINGS
A. Board of County Commissioners vs. American Sanitation
and Repair Inc., Tim Beebe CEB No. 92-001
B. Board of County Commissioners vs. Dominico and Angela
Gadaleta CEB No. 92-002
5. NEW BUSINESS
N/A
6. OLD BUSINESS
A. Recording of Affidavit of Compliance for CEB #91-016
BCC vs. Pinebrook Naples Ltd., Partnership a Florida
Ltd., Partnership
B. Recording of Affidavit of Compliance for CEB #91-017
BCC vs. Michael Beebe d/b/a Beebe Septic Services
7. REPORTS
N/A
8.
NEXT MEETING DATE
February 20, 1992
9. ADJOURN
--
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
ITEM:
COMMENTS:
MOTION:
ITEM:
CASE NO.:
RESPONDENT:
LOCATION OlP
VIOLATION:
COMMENTS:
JANUARY 23, 1992
***
Agenda for January 23, 1992
Maria Valcarcel, Code Compliance Coordinator,
advised the Board that Case #92-002, Board of
County Commi.ssioners vs. Dominico and Angela
Gadaleta, is being rescheduled for the next regular
meeting. She also mentioned that the next hearing
date is February 27th, and not February 20th as
indicated on the agenda.
Made by Mr. Constantine to approve the agenda as
amended. Seconded by Mr. Andrews. Carried 4/0.
***
Made by Mr. Pedone to approve the Minutes of
Septe.ber 30, 1991, October 24, 1991, and Nove.ber
25, 1991. Seconded by Mr. Andrews. Carried 4/0.
***
92-001
American Sanitation and Repair, Inc., Tim Beebe
Piper's Pasture, Collier County, Florida, more par-
ticularly described as Township 4aS, Range 27E,
Section 17-20.
Ms. Valcarcel noted the Board and Respondent have
been provided with Composite Exhibit "A" in Case
#92-001, Board of County Commissioners vs. American
Sanitation and Repair, Inc., with Tim Beebe as
owner. She requested Composite Exhibit "A" be
admitted into evidence.
Upon being sworn in by Code Enforcement Supervisor
Dick Clark, Tim Beebe acknowledged having received
a copy of Composite Exhibit "A" and indicated
having no objection to its being admitted as evi-
dence.
In answer to Mr. Clark, Mr. Beebe indicated he
understands and stipulates to the charges, and
stated the violations have been brought into
compliance.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
MOTION:
JANUARY 23, 1992
Mr. Clark recommended since the violations have
been brought into compliance, that should there be
a reoccurrence of this problem, a fine of $150 per
day be imposed for each violation.
Mr. Clark commented that Mr. Beebe handles and
transports effluent throughout the County to
approved disposal sites. He said it is very impor-
tant for the health and safety of citizens in
Collier County that the effluent be disposed of
properly. He remarked Mr. Beebe has been advised
of the importance of proper disposal as well as the
importance of good record keeping.
Made by Mr. Constantine that this cause came on for
public hearing before the Board on January 23,
1992, and the Board having heard testimony under
oath, received evidence, and heard arauaents
respective to all appropriate matters, thereupon
issues its Pindings of Pact, Conclusions of Law and
Order of the Board as follows: that Tim Beebe is
the owner of record of the subject property. That
the Code Enforceaent Board has jurisdiction of the
person of the Respondent and that Tim Beebe was
present at the public hearing. All notices
required by Collier County Land Development Code
No. 91-102 have been properly issued. That the
real property legally described as Township 48 S,
Range 27 E, Section 17-20 is in violation of
Sections 7(6) and 8(2) of Ordinance No. 87-79 in
the following particulars: failure to provide
prior written notice of the chanae in sludge
dispOsal sites, and failure to supply the correct,
c~le~. ~thly oDerating reDQrts. Seconded by
Mr. Pedone. Carried 4/0.
Made by Mr. Constantine that American Sanitation
and Repair, Inc., Tim Beebe, is in violation of
Sectione 7(6) and 8(2) of Collier County Ordinance
No. 87-79, the Collier County Sludae Ordinance.
Based upOn the foregoing Pindings of Pact and
Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Plorida Statutes, and
Collier County Land Developaent Code No. 91-102, it
is hereby Ordered: that the ReSpOndent correct the
violation of Sections 7(6) and 8(2), Collier County
Ordinance No. 87-79 in the following manner: do
not allow a reoccurrence of improperly dispOsed
effluent and correctly file the appropriate
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CODE ENPORCEMENT BOARD OF COLLIER COUNTY
JANUARY 23, 1992
reports. That said corrections be co~leted on or
before the 24th day of January, 1992, and if
RespOndent does not comply with this Order on or
before that date, then and in that event ReSpOndent
is hereby ordered to pay a fine of $1~0.OO per day
for each and every day any violation described
herein continues or reoccurs past said date.
Pailure to coaply with the order within the spe-
eified ti.. will result in the recordation of a
lien pursuant to Chapter 162, Plorida Statutes,
which aay be foreclosed, and ReSpOndent's property
sold to enforce the lien. Done and Ordered this
23rd day of January, 1992. Seconded by Mr.
Andrews. Carried 4/0.
In response to Assistant County Attorney Wilson,
Mr. Beebe indicated he is the President and sole
owner of American Sanitation and Repair, Inc.
Mr. Strain advised Mr. Beebe of his responsibility
to notify the Code Enforcement Board, through the
Collier County Code Compliance Services Department,
and satisfactorily demonstrate that the violation
has ceased.
***
ITEM:
Old Business,
Recording of Affidavit of Co~liance for CEB
#91-016, BCC vs. Pinebrook Naples Liaited Part-
nership, a Florida Limited Partnership.
Mr. Clark reported that Case #91-016 is in
compliance at this time.
Recording of Affidavit of Compliance for CEB
#91-017, BCC vs. Michael Beebe d/b/a Beebe Septic
Services.
Mr. Clark reported that Case #91-017 is in
compliance at this time.
.'
***
There being no further business, the meeting was adjourned by
Order of the Chair.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
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CODE ENFORCEMENT BOARD OF
COUNTY
JANUARY 23 1992
~ \
ark Strain, Vice Chairman
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