Loading...
CEB Minutes 10/24/1991 1991 Code Enforcement Board Minutes October 24, 1991 CODE ENFORCEMENT BOARD OF COLLIER COUNTY " DATE: October 24, 1991 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS CONSTANTINE VARIE LAZARUS PEDONE STRAIN WILLIAMS EXC X X X X X X CLARK VALCARCEL WILSON SMITH MANALICH DOUGLASS x X X X X X MINUTES BY: Annette Guevin, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 10:25 A.M. PRESIDING: Monte Lazarus, Chairman f ADDENDA TO THE AGENDA: Two items. Page 1 -=- Bt4-- ,c' B:;~ s- fl.t /=~ do ~ 1- mINUT"-eS CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA fdL~NQA Date: OCTOBER 24, 1991, at 9:00 o'clock A.M. NOTE: ANY PERSON WHo .DECIDEs TO APPEAL A DECISION OF nus BOARD lilILL-- NEED A.1U;l;U1QJ OF-~ -PROCEEDINGS PERTAINING THERETo, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS HADE, 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 4. PUBLIC HEARINGS 3. APPROVAL OF MINUTES September 30, 1991 (if available) 5. . NEW BUSINESS A. Board of County Commissioners vs. Pinebrook Naples Ltd /dba Bay Pointe South CEB No. 91-016 B. Board of County Commissioners vs. Michael Beebe, dba Beebe Septic Service CEB No. 91-017 C. Board of County Commissioners vs. Gary R. Perrine and Rebecca C. Perrine CEB No. 91-018 N/A 6_. OLD BUSINESS 7 . REPORTS Request for a corrected copy of Order Imposing Fine/Lien on Aspen Lake Development, Inc., be signed CEB #91-006 N/A 8. NEXT MEETING DATE November 25, 1991 9. ADJOURN -- - . CODE ENFORCEMENT BOARD OF COLLIER COUNTY ITEM: MOTION: CASE NO.: RESPONDEN~: LOCATION OF VIOLATION: COMMENTS: MOTION: COMMENT~ : OCTOBER 24, 1991 *** Agenda for October 24, 1991 Made by Mr. Pedone to approve the aaenda as pre- sented. Seconded by Mr. Williams. Carried 6/0. *** 91-016 Pinebrook Naples Limited Partnership, A Florida Limited Partnership, d/b/a Bay Pointe South 4631 Bayshore Drive, Naples, Florida, more par- ticularly described as Baypointe South Apartments Maria Valcarcel, Code Compliance Coordinator, presented Case No. 91-016 consisting of violations of Sections 4 and 6 of Ordinance 90-17, the Collier County Noise Ordinance. She explained that mechanical devices serving the sewage treatment plant operation are exceeding decibel levels iden- tified in Ordinance 90-17. She noted the viola- tions were first observed on June 5, 1991, and the owner was noticed on September 9th with a date of correction by September 25, 1991. She said upon re-inspection on October 7th, the violations still existed. Upon being sworn in by Code Compliance Supervisor Dick Clark, Attorney Perry Peeples, representing the Respondent, stipulated that the violations exist. Ms. Valcarcel asked the Board to enter Composite Exhibit "A" into evidence. Made by Mr. Strain to enter Composite Exhibit "A'~ into evidence in Case #91-016. Seconded by Mr. Pedone. Carried 6/0. Chairman Lazarus asked what steps will be taken to remedy the Situation? Attorney Peeples explained to date, baffles have been installed around the pumps in the package plant causing the noise. He noted prior to the Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24, 1991 September 25th date of correction, steps were taken to bring the package plant into compliance. He added the Sheriff's Office has been called three times during the previous week to re-meter the sound in order to establish whether or not the pro- perty has been brought into compliance by the efforts made. After being sworn in by Mr. Clark, Nancy Rice explained the Respondent is working closely with the County's Utility Department to tie into the new sewer system, which should occur within a matter of weeks. MOTION: Mr. Clark asked the Board to allow a 15-day grace period to bring the property into compliance. He said during that time, the Respondent should obtain the services of the Sheriff's Office to re-meter the sounds at the pump. He said if the property fails to be brought into compliance within that period of time, Staff requests a fine of $150 per day be imposed until the violation is removed. Made by Mr. Strain that the Findinas of Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-016 are that this cause came on fo~ ~ublic hearin before the Board on October 24l 1991, and the Board havina heard testimony under 9ath, received evidence, and heard arguments res ective to all a ro riate matters, thereu~on issues its Findinas of Fact, Conclusions of Law and Order of the Board as follows: that Pinebrook Naples Limited Partnershi d b a Ba Pointe South is the owner of record of the SUbject property. ~ That the Code Enforcement Board has jurisdiction of the ersons of the Res ondent and that Per Pee les was resent at the ublic hear in re sentin the owner. That all notices r ~ ired Collier County Ordinance No. 88-89 ("Collier ~ount Code Enforcement Board Ordinance" have been ro erl issued. That the real ro rt Ie all described as Na les Grove and Truck Com an IS Little Farm No. 2 Lot 104 is in viola- tion of Sections 4 and 6 of Ordinance 91-17 in the following particUlars: mechanical devices servin the sewa e treatment lant 0 eration are exceed in decibel levels identified in Ordinance 91-17. Seconded by Mr. Constantine. Carried 6/0. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: CASE NO.: RESPONDENT: LOCATION OF VIOLATION: COMMENTS: OCTOBER 24, 1991 Made by Mr. Strain that the Conclusions of are that Pinebrook Na les Limited Partnershi d b a Bay Pointe South is i~ violation of Sections 4 and 6 Ordinance 91-17, the Collier County Noise 9rd1nance. Based U on the fore o1n1 F1nd1nyB of Fact and Conclusions of Law and pursuant to the= ~uthority granted in Cha ter 162 Florida Statutes and Collier Count Ordinance No. 88-89 it is hereb Ordered that the Res ondent correct the violations of the precedina sections in the= fOllowina manner: reduce the noise levels below those re ired' that said corrections be com leted on or before the ei hth da of November 1991' if Res ondent does not com 1 with this Order on or before that date, then and in that event: ftespondent is hereb ordered to a a fine of 150 er da for each and ever da the violation described herein continues past said date. ~ ~ailure to compl with the Order within the s eci- fied time will result in the recordation of a lien ursuant to Cha ter 162 Florida Statutes which ma be foreclosed and Res ondentls _ro_erty sold to enforce the lien. Done and Ordered this 24th= ~ay of October, 1991 at Collier Count Florida. Seconded by Mr. Constantine. Carried 6/0. Attorney Peeple~ asked for assurance that the Sheriff's Office will be available to test the baffling system prior to November 8th, so that if the system is insufficient, the Respondent will have an opportunity to bring it into compliance. Mr. Clark indicated Corporal White has acknowledged his availability to test the system within the next few days. ***** 91-017 Michael Beebe, d/b/a Beebe Septic Service Piper's Pasture, Collier County, Florida, more par- ticularly described as Township 48 South, Range 27 East, Sections 17-20 Ms. ValcarceJ presented Case No. 91-017 consisting of violations of Sections 8(2) and 13(2) of Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24, 1991 Ordinance 87-79, the Collier County Litter Ordinance. She explained the July and August monthly sludge application reports were allowed to be late. She said the owner of record, Michael Beebe, was noticed on November 7, 1990, and re- inspection occurred on July 15, 1991, at which time it was discovered the violations still exist. Upon being SWorn in by Mr. Clark, Michael Beebe stipulated to having received a copy of Composite Exhibit "A". It was the consensus to admit Composite Exhibit "A" into evidence in Case #91-017. In answer to Mr. Clark, Mr. Beebe stated he did not file the required reports on time due to forget- fulness. He said that failure has since been corrected. He indicated he is aware of the purpose and seriousness of keeping track of records with regard to pollution control. Mr. Clark presented the Board with Composite Exhibit "B", a statement signed by Mr. Beebe on October 17, 1991, regarding the charges against him. Mr. Strain mentioned the statement of October 17th notes that the employee responsible for illegal dumping would be fired. He asked if that has oCcurred, to which Mr. Beebe responded in the affirmative. In response to Mr. Strain, Mr. Beebe stated a moni- toring well has been installed in accordance with the requirements contained in Composite Exhibit "A" . It was the consensus to admit Composite Exhibit "B" into evidence. Chairman Lazarus commented the record includes a notice of violation and direction to correct the violation by providing all tardy reports by November 9, 1990. He asked why has it taken almost a year for this matter to come before the CEB? Mr. Clark advised there were several alternative methods of enforcement being considered by Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24, 1991 POllution Control before the decision was made to bring this matter before the Board. He mentioned there was a lengthy time delay in the decision making process, through no fault of the Pollution Control Department. In response to Mr. Strain, Mr. Clark reported Mr. Beebe readily admitted to the illegal dumping by one of his employees and has made arrangements with the Utilities Department to make financial restitu- tion for that action. MOTION: Mr. Clark recommended since Mr. Beebe has brought the violation into compliance, that a fine of $150 per day be imposed should the violation re-occur. Made by Mr. Strain MOTION: be Made by Mr. Strain that the Conclusions of Law are that Michael Beebe d b a Beebe Se tic Service is >i~ V~olation of Sections 8(2) and 13(2) of Ordinance 87-79, the Collier County Litte~ Ordin~ce. Based u on the fore oin FindinMs of Fact and Conclusions of Law and pursuant to the= ~uthority aranted in Chapter 162~ Florida~ Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO.: RESPONDER!: LOCATION OF VIOLATION: COMMENTS: OCTOBER 24, 1991 Statutes and Collier Count Ordinance No. 88-89 it is hereb Ordered that the Res ondent correct the violations of the precedina sections in the followina manner: allow the 3ul and Au st monthl re orts not to be tard and to install a monitorin well as well as an future re orts' that said corrections be com leted on or before the twen ninth da of October 1991' if Res ondent does not com 1 with this Order on or before that date then and in that event Respondent is herebv~ 9rdered to a a fine of 150 r da for each and eVe da the violation described herein continues ~st said date. Failure to comply with the Order Wi!hin the specified time will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes, which may be foreclosed, and~ Res o~~entls pro ert sold to enforce the lien. Done and Ordered this 24th day of October, 1991,= ~t Collier County, Florida. Seconded by ~ . Williams. Assistant County Attorney Wilson suggested that the Findings-of-Fact reflect that Michael Beebe is not the owner of the subject property, and the motion should state the legal property description and that the Respondent is in violation of the Ordinance. Mr. Clark added that Ordinance 87-79 is the Sludge Ordinance and not the Litter Ordinance. Mr. Strain amended the motion to reflect the above statements. Upon call for the question, the motion carried 6/0. ***** 91-018 Gary R. and Rebecca C. Perrine Palm River Mobile Home Park, 793 Walkerbilt Road, Lot A-5, Naples, Florida, more particularly described as Township 48, Range 25, Section 21, Parcel 3 Ms. Valcarcel read the statement of violation and request for public hearing in Case #91-018. She Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24(_l~ indicated the Respondent is in violation of Section 10.7 of Ordinance 82-2 at the Palm River Mobile Home Park, through the construction on Lot A-5 of a metal and wood structure with a value exceeding $500 without first obtaining a building permit. She noted the violation was first observed on April 1, 1991, the Respondent was given notice on August 15th with a date of correction by August 30th. She said re-inspection on September 18th resulted in the charges made this date. She asked that Composite Exhibit "A" be admitted into evidence in Case #91-018. It was the consensus to admit Composite Exhibit "A" into evidence. Upon being sworn in by Ms. Valcarcel, Gary Perrine stipulated to the existence of the violation. He advised that his correct residence is 2470 Tarpon Road in Naples. In answer to Mr. Clark, Mr. Perrine stated he owns the mobile home park and rents lots to people who own mobile homes. Mr. Clark reported there are mitigating circumstan_ ces involved in this case because Mr. BarthOlomew, who is renting Lot A-5, built the addition. He said Mr. Perrine is attempting to evict that per- son, for this and other reasons from the property. Mr. Perrine concurred, and asked if a letter from his attorney may be admitted into evidence. It was the consensus to admit the letter into evi- dence as Respondent's Composite Exhibit "A". Mr. Perrine explained when the violations were brought to his attention, he resolved those he could in a timely manner, however, the remaining violations were created by Mr. BarthOlomew who constructed the screened porch and utility shed that are attached to his mobile home. He said according to his attorney, he must seek action in court before the bUildings can be torn down. He indicated he is presently trying to get a date in court to evict that tenant. Mr. Clark commented the tenant has been very uncooperative with Collier County as well as with Mr. Perrine in removing the violations. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24, 1991 Mr. Perrine concurred, adding that he continued to finish both the screened porch and the shed after he was cited by the County for the violations. Mr. Clark suggested that the Board enter a finding stating the violation exists and the Respondent is the proper person named, however, he has been attempting since April to enter into litigation to remove the tenant. Mr. Constantine asked if the charges can be attached to the homeowner as opposed to the landowner? Assistant County Attorney Wilson advised that both persons can be cited for the violation, however, the tenant's home itself cannot be attached without having him noticed and given the opportunity to be heard. Mr. Clark noted when this action was begun, Staff was under the assumption that the lots were sold and that Mr. Bartholomew owned the land. He said when it was discovered otherwise/ he did not want to start the proceeding over again, therefore, that is the basis for Staff's recommendation that Mr. Perrine be given 90 days to finish legal arrange- ments to evict the tenant. In the meantime, he said, Staff intends to bring another case before the CEB for Mr. Bartholomew. Mr. Perrine relayed his concern with the 90-day period, because his attorney has told him that 90 days is the minimum amount of time that will be required for his case to come before the court. Mr. Clark recommended at the end of 90 days, prior to the imposition of fines, that Mr. Perrine be given the opportunity to petition the CEB for an extension of time if that becomes necessary. Mr. Strain suggested that 90 days be given, or within 10 days of notice of eviction, whichever is less. ~OTION: Mr. Clark agreed, adding that failure to do so should result in a fine of $100 per day. Made by Mr. Pedone that the Findinas of Fact, gonclusions of Law and Order of the Board in Case Page 9 . . CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24, 1991 MOTION: Made by Mr. Pedone that the Conclusions of Law are that Gar and Rebecca Perrine are in violation of Section 10.7 of Ordinance 82-2 the Collier Count Zonin Ordinance. Based u on the fore oin Findin s of Fact and Conclusions of Law and ~ r- suant to the authority aranted in Chapter 162,: ~lorida Statutes and Collier Count Ordinance No. 88-89 it is here Ordered that the Re ondents correct the violation of the recedin section in the followin manner: removal of a metal and wooden structure or obtainina a buildina permit; !hat said correction be com leted on or before the twent -first da of Janua 1992- if Res ondents do not com 1 with this Order on or before that date then and in that event Res ondents are hereb ordered to a a fine of 100 er da for each and eVe da the violation described herein continues ast said date. Failure to com 1 with the Order within the s ecified time will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes which ma be foreclosed and Res ondentsl ro ert sold to enforce the lien. Done and Ordered this 24th day of October, 1991( ~t Collier County, Florida. Mr. Strain asked that the motion include the alternate date of correction be within 10 days of the notice of eviction. Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY ITEM: COMMENTS: OCTOBER 24, 1~ Mr. Pedone amended the motion to include the above. Seconded by Mr. Strain. Carried 6/0. ***** OLD BUSINESS Request for corrected copy of Order Imposing Fine/Lien on Aspen Lake Development, Inc., be signed - CEB #91-006. Mr. Clark asked that this item be postponed until the County Attorney's Office has had the oppor- tunity to review a letter he received from Counsel to the Respondent. (Copy not provided to the Clerk to the Board.) Chairman Lazarus asked that copies of the letter be distributed to members of the CEB. He quoted a paragraph from said letter and indicated he takes strong exception to the contention that Aspen Lake Development was deprived of due process. Assistant County Attorney Wilson stated all consti- tutional requirements have been met and due process rights have not been violated. She also referenced said letter with regard to the Respondent's Request For Production Of Documents, stating the County Attorney's Office does not feel it appropriate to respond to such a request after the public hearing has taken place and the Order has been or is about to be imposed. Assistant County Attorney Manalich agreed that it is appropriate to continue this item. Chairman Lazarus asked if there is any public health danger at the SUbject property? Ray Smith, Pollution Control, responded there have been no inspections during the month of October, however, violations of the leaching Occurring were noted during September. Lisa Douglass, Pollution Control, stated in her opinion, the potential exists for a public health danger. Chairman Lazarus asked that a re-inspection of the property be made as soon as Possible. He said if Page 11 ,Q,Q"Q_E ENFORCEMENT BOARD OF COLLIER COUNTY MOTIO~: ITEM: -----.;; COMMENT~: ITEM: CO~S: OCTOBER 24, 1991 there is a pUblic health danger, a Special meeting of the CEB should be called to resolve the matter. Mr. Pedone asked that an jnspection be made at least one day before the public hearing on this case. ***** ADDENDA TO THE AGENDA First Assembly of God Mr. Clark provided the Board with copies of the Order from the United States District Court regarding the First Assembly of God vs. Collier County. (Copy on file with the Clerk to the Board.) He commended the County Attorney's Office for the outstanding job that was done for Collier County and in defending the actions of the CEB. He said the documents speak very highly in support of the rulings made by the CEB in this case. Assistant County Attorney Wilson agreed that the Order reflects well on the actions of the Board. She indicated they are awaiting final jUdgment in this case, because the First Assembly of God was given the opportunity to respond and show cause why a motion for summary jUdgment should not be issued. She noted they have filed a lengthy response and she is now awaiting an opinion by the Court. She advised if the Court rules in favor of Collier County, this case will be concluded. ***** Workshop Chairman Lazarus asked that Staff include a workshop on the agenda for the next meeting. He requested that Staff itemize the issues to be Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 24, 1991 discussed and give prior notice to Board members on what subjects will be discussed. Assistant County Attorney Wilson asked that CEB members also notify Staff on items they wish to discuss at the workshop. Mr. Strain asked that the County Attorney's Office provide legal arguments regarding why Board members are restricted from site visitations. Mr. Pedone requested the workshop include discussion of the imposition of fines through docu- mentation by Staff of site visits, with the fine not being imposed on dates in between inspections. ***** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Lf~ p. S"TY2A1 k1 V IU! - - Or1h~ Page 13