CEB Minutes 07/30/1992
1993
Code
Enforcement
Board
Minutes
July 30, 1992
DATE:
TIME:
PLACE:
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
July 30, 1992
9:00 A.M.
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
CEB
ANDREWS
L'ESPERANCE
STRAIN
PEDONE
LAZARUS
VARIE
RAWSON
STAFF PRESENT
x
X
X
X
absent
X
X
CLARK
MAnALICH
SMITH
YOVANOVICH
CRUZ
BRUTT
MCGUIRE
MINUTES BY: Kathy Meyers, Deputy Clerk
CALLED TO ORDER AT:
9:00 A.M.
PRESIDING: Michael Pedone, Chairman
ADJOURNED: 11:15 A.M.
ADDENDA TO THE AGENDA: None
"
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X
X
X
X
X
X
X
Page 1
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
tdi~H~A
Date: July 30, 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 May 28, 1992
4.
PUBLIC HEARINGS
A.
Board of County Commissioners vs. Richard F. McCullough
CEB No. 92-.008
B.
Board of County Commissioners vs. Angela Shanabarger
CEB No. 92-009
C.
Board of County Commissioners vs. Fredrick Nystrom, III
CEB No. 92-010 .
D.
Board of County Commissioners vs. Frederick Swetland, III
CEB No. 92-011
5. NEW BUSINESS
N/A
6. OLD BUSINESS
N/A
7. REPORTS
N/A
8. NEXT MEETING DATE August 20, 1992
9. ADJOURN
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JULY 30, 1992
Per the County Attorney's Office, Bruce Anderson, Attorney,
is Legal Counsel for the Code Enforcement Board for this meeting.
Tape #1
(19)
ITEM:
COMMENTS:
MOTION:
(56)
ITEM:
COMMDfTS:
(70)
ITEM:
MOTION:
(82)
CASE NO.:
RESPONDENTS:
LOCATION OF
VIOLATION:
COMMENTS:
MOTION:
Changes to the Agenda
Maria Cruz reported that Item 4A, Board of County
Commissioners vs. Richard F. McCullough, Case No.
92-008 is being continued.
Made by Mr. Andrews to approve the Agenda as
amended. Seconded by Mr. L'Esperance. Carried
6/0.
***
Introduction of Jean Rawson
Mr. Pedone introduced Jean Rawson as a new member
of the Code Enforcement Board.
***
Approval of Minutes - May 28, 1992
Made by Mr. Strain that the minutes of the May 28,
1992 meeting be approved as submitted. Seconded by
Mr. Andrews. Carried 6/0.
***
92-009
Angela Shanabarger
1400 Solana Road, Naples, Florida, more par-
ticularly described as Decker Highlands, Block F,
Lot 1
Maria Cruz, Code Enforcement Coordinator, iden-
tified Composite Exhibit "A" and requested that
this be entered into evidence.
Made by Mr. L'Esperance to accept Composite Exhibit
"A" into evidence. Seconded by Mr. Andrews.
Carried 6/0.
Page 2
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
COMMENTS:
MOTION:
(285)
CASE NO.:
RESPONDENTS:
LOCATION OF
VIOLATION:
COMMENTS:
MOTION:
COMMENTS:
JULY 30, 1992
Ms. Cruz reported that the Respondent has been
served with the proper Notice of Violation and is
present. Ms. Shanabarger was then sworn in by Ms.
Cruz.
Richard Clark, Code Enforcement Supervisor,
inquired whether Ms. Shanabarger agreed that the
violation currently exists and she will remove the
violation within thirty (30) days. Ms. Shanabarger
confirmed this and agreed to Mr. Clark's stipula-
tions.
Mr. Clark recommended that a fine of fifty dollars
per day be imposed if the violation is not removed
by the stipulated time period.
Made by Mr. Strain that, in CEB Case No. 92-009,
Respondents are 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. Andrews. Carried 6/0.
***
92-010
Fredrick Nystrom, III
4258 Kathy Avenue, Naples, Florida, more par-
ticularly described as Coconut Creek, Unit 3, Block
E, Lot 7
Ms. Cruz identified Composite Exhibit "A" and
requested that this be entered into evidence.
She noted that the Respondent has been served with
the proper Notice of Violation and that the
Respondent's Representative is present.
Mr. Clark disclosed that Attorney Slack is Mr.
Nystrom's legal representative in this matter.
Made by Mr. Strain to accept Composite Exhibit "A"
into evidence. Seconded by Mr. L'ESPerance.
Carried 6/0.
Mr. Clark reported that Mr. Nystrom has been
charged with the following violations:
Page 3
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JULY 30, 1992
1. Obtaining more than one owner/builder permit in
a three (3) year period;
2. Deviating from permitted plans as approved;
3. Erecting or constructing structures at 4258
Kathy Avenue, Naples, Florida, in violation of
Collier County Ordinance No. 82-2, in that a
garage was constructed without a permit and
renovation of a second bathroom without a
permit.
Mr. Clark reported that Mr. Nystrom has stipulated
to these charges and is willing to correct the
violations. Mr. Clark informed the Board he has
submitted a check in the amount of $4,900 for the
correction of the violations.
Mr. Clark recommended that Mr. Nystrom be given a
period not to exceed sixty (60) days to correct the
stipulated violations, and obtain the required
building permits, inspections and certificates of
occupancy within the sixty days. He further added
that Mr. Nystrom is to pay an equivalent amount for
correction of the violations should the owner of
the subject property not want him to personally
make the necessary corrections.
Mr. Anderson questioned whether payment to Ms.
Cabada would have any effect on the current pending
litigation. Attorney Slack advised that it might
only serve to show that damages have been mitigated
or reduced.
In response to Mr. Pedone, Mr. Clark indicated that
Mr. Nystrom has not obtained a contractors license
and presently could not do any of the repairs.
Ramiro Manalich, Assistant County Attorney, advised
the Board that funds from Mr. Nystrom for the
corrections should be placed in an account in a
local financial institution.
Diane Cabada spoke to this item.
Bill Smith, Code Enforcement Supervisor for Collier
County, was sworn in by Ms. Cruz. He reported that
the lowest bid received from a general contractor
to correct just the deviations from plans was
$4,985, and that is where this figure originated.
Page 4
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
MOTION:
COMMENTS:
JULY 30, 1992
James Hirst, Engineer, was sworn in by Ms. Cruz.
He pointed out that the repair drawings should be
stipulated to substantially address the items
within the Jenkins and Charland Report.
Mr. Clark stated that regardless of this, the
violations have to be corrected by an approved
engineer. He added that Mr. Nystrom is not charged
with being responsible for any of the design
defects and cannot be charged.
Mr. Yovanovich advised that if the Board finds that
the builder deviated from the plans, he should be
subjected to make the necessary corrections as to
the plans.
Mr. Yovanovich proposed that three engineers be
contacted to submit proposals to bring the house up
to status according to the plans, and Staff will
evaluate these and seek three bids.
Mr. Clark suggested retaining one engineer to cer-
tify the procedure and then obtain three bids from
contractors.
Mr. Clark identified Composite Exhibit "B", which
is a two page document consisting of a written sti-
pulation from Mr. Nystrom admitting to his viola-
tions and expressing a willingness to correct them,
and requested that it be entered into evidence.
Made by Mr. Strain to close the public hearing.
Seconded by Mr. L'Esperance. Carried 6/0.
Made by Mr. L'Esperance to accept Composite Exhibit
"B" into evidence. Seconded by Mr. Andrews.
Carried 6/0.
Mr. Strain reviewed with Mr. Anderson the following
stipulations to be included in the Order:
1. Respondent has a period of two weeks to present
details for repairs and construction of defi-
ciencies from approved plans;
2. He must have permits, inspections and cer-
tificates of occupancy of all unpermitted struc-
tures within the Board's stipulated correction
date;
Page 5
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
Tape #2
MOTION:
JULY 30, 1992
3. The stipulated correction date effective sixty
days after the owner issues written acceptance
to allow the licensed contractor to access the
property to execute the corrections;
4. Collier County is to select an engineer to
design the plans and repair the deviations from
the plans and then obtain three contractor bids,
and is to be at the expense of the Respondent;
5. An acceptance of a monetary offer by the owner,
Ms. Cabada will be considered having met the
conditions of the required correction if sub-
mitted within the stipulated correction date.
In response to Mr. Anderson, Mr. Slack confirmed
that he agrees to the stipulations.
Mr. Yovanovich added a stipulation stating that the
money offered to the property owner is to be
placed in a trust or escrow account to which
Collier County is able to access the funds and per-
form the repairs, if necessary.
Made by Mr. Strain that, in CEB Case no. 92-010,
Respondents are 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. Andrews. Carried 6/0.
***
*** Recessed at 10:35 A.M. - Reconvened at 10:48 A.M. ***
(175)
CASE NO.:
RESPONDENT:
LOCATION OF
VIOLATION:
COMMENTS:
92-011
Frederick Swetland, III
4258 Kathy Avenue, Naples, Florida more par-
ticularly described as Coconut Creek, Unit 3, Block
E, Lot 7.
Frank Kowalski, Attorney for Mr. Swetland, pre-
sented a Motion For Continuance. He stated that
his justification for a continuance is because he
has not had sufficient time to prepare a defense
and that the Respondent was served a Statement of
Page 6
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JULY 30, 1992
Violation and Notice of Hearing on July 23, 1992.
He noted that the Statement of Violation was dated
July 23, 1992 and the Notice of Hearing was dated
July 16, 1992. He discussed that according to the
Rules and Regulations of the Board, it is required
that fourteen days notice be provided to the
Respondent.
Mr. Kowalski summarized that he is requesting this
hearing be continued until September.
Mr. Manalich objected to this request, and
pointed out that the Respondent has been aware of
this matter for over 1~ years.
Bruce Anderson, acting as Attorney to the Code
Enforcement Board, advised that the Board's Rules
and Regulations states that fourteen days notice is
to be provided whenever possible.
MOTION:
Made by Mr. Strain to continue this Hearing for
fourteen days to August 13, 1992 at 9:00 A.M.
Seconded by Mr. Varie.
Mr. Anderson confirmed that this Motion made by the
Board will constitute proper notice being served
upon the Respondent and his Attorney.
Motion carried 5/1 (Mr. Pedone opposed).
Mr. Manalich reviewed that Respondent's Attorney
may be seeking to obtain expert testimony or opi-
nion and he requested that the County be furnished
discovery as to expert material one week prior to
the Hearing. Mr. Manalich advised the Board that
the Respondent has been furnished the opinions of
the County's experts in two reports and that the
County should be allowed the same access.
Mr. Anderson advised the Board that they have the
authority to set a deadline for submission of docu-
ments that will be considered by the Board.
Mr. Pedone advised Mr. Kowalski that the Code
Enforcement Board is requiring him to submit expert
testimony to the County Attorney's office on or
before August 11, 1992 at 12:00 P.M., and to
exchange with the County Attorney's office a list
of witnesses.
Page 7
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JULY 30, 1992
Mr. Strain amended his motion to reflect these sti-
pulated conditions. Mr. Varie seconded. Motion
carried 6/0.
***
There being no further business, the meeting was adjourned by
Order of the Chair.
CODE ENFORCEMENT B:~ COLLIER COUNTY
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Michael Pedone, Chairman
Page 8