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CEB Minutes 09/30/1991 1991 Code Enforcement Board Minutes September 30, 1991 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: September 30, 1991 TIME: 1:00 P.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS CONSTANTINE VARIE LAZARUS PEDONE STRAIN WILLIAMS x X X X X ABS X CLARK VALCARCEL ESPINAR WILSON KIRBY X X X X X MINUTES BY: Annette Guevin, Deputy Clerk CALLED TO ORDER AT: 1:00 P.M. ADJOURNED: 3:10 P.M. I,j PRESIDING: Monte Lazarus, Chairman ADDENDA TO THE AGENDA: None Page 1 ~ t ( -- CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA A2.J;;tlQA Date: SEPTEMBER 30, 1991, 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 30, 1991, JULY 25, 1991 and AUGUST 5, 1991 4. PUBLIC HEARINGS A. Board of County Commissioners vs. Sally Irgang and Mark Irgang CEB No. 91-015 5. NEW BUSINESS A. Imposition of Fines - BCC vs. Jane Alander CEB #89-013 B. Imposition of Fines - BCC vs. Wayne Thibodeau and Lisa Ann Thibodeau CEB #91-003 6. OLD BUSINESS 7. REPORTS NIA 8. NEXT MEETING DATE October 24, 1991 9. ADJOURN -- . . CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 ITEM: MOTION: ITEM: MOTION: MOTION: MOTION: CASE NO: RESPONDENT : LOCATION OF VIOLATION: COMMENTS: MOTION: *** Agenda for September 30, 1991 Made by Mr. Andrews to approve the aaenda as pre- sented. Seconded by Mr. Williams. Carried 6/0. *** Minutes of May 30, July 25 and August 5, 1991 Ma~e by Mr. Andrews to approve the Minutes of Mav 30, 1991. Seconded by Mr. Pedone. Carried 6/0. Made by Mr. Andrews to approve the Minutes of JulV 25, 1991. Seconded by Mr. Varie. Carried 6/0. Made by Mr. Andrews to approve the Minutes of Auaust 5, 1991. Seconded by Mr. Pedone. Carried 6/0. *** 91-015 Sally Irgang and Mark Irgang Township 50 Range 27 Section 28, Parcel 12, Naples Code Enforcement Coordinator, Maria Valcarcel, explained that the named Respondents are charged with violations of: Collier County Ordinance 75-21, as amended by Ordinance 76-42, for removal of trees prior to issuance of a notice of commen- cement; Ordinance 90-75, Section A103.1.1.1, for tree removal, well construction and excavation without a building permit; and Ordinance 82-2, Sections 10.2 and 10.7, for erection of a building with a value of more than $500 prior to issuance of a building permit. She noted Mark Irgang is pre- sent. She asked the Board to accept Composite Exhibit "A" into evidence. Made by Mr. Pedone to accept CompOsite Exhibit "An into evidence in Case No: 91-015. Seconded by Mr. Williams. Carried 6/0. Ms. Valcarcel indicated Composite Exhibit "A" includes necessary evidence of service to the Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 Respondents by Certified Mail of the required noti- ces of violation and of this hearing. After being sworn in by Code Enforcement Supervisor, Dick Clark, Mark Irgang stated he is the son and Agent for the owner of the property, Sally Irgang. He said he is uncertain whether Mrs. Irgang is the sole owner of the property, however, he can represent the facts in this case. Mr. Clark asked if Mr. Irgang will stipulate to his knowledge of violations on the property, that he, as Agent, is responsible for them and wishes to resolve the matter? Mr. Irgang indicated some of the violations are erroneous. He said the well was constructed by Miller Well Drilling and to his knowledge, was per- mitted. He stipulated to the removal of some pro- tected trees without a permit, however, it was done nine or ten years ago. He said a small barn with a dirt floor was constructed with plywood at a cost of approximately $1,200. He agreed to being responsible for some of the excavation without having obtained permits. After being sworn in by Ms. Valcarcel, Environmental Investigator Mike Kirby reported investigating the site on 2/21/90 while in the area with a DER investigator. He advised a recent ditch had been dug and the fill was placed along side the ditch to make an elevated dirt road. He said no permits were posted. He stated Mr. Irgang was on the site and admitted to not having the proper per- mits. He said Mr. Irgang was notified of the various permits he needed. In response to Mr. Clark, Mr. Kirby stated the Irgangs' purchased the property on 4/13/82. He said after studying aerial maps of the area taken from 1982 to 1989, there was evidence of substan- tial clearing on the site. He said it is very much improved now with ditches and dikes around the pro- perty, and an ornamental bottle brush farm is in operation. In answer to Mr. Clark, Mr. Kirby stated he wit- nessed evidence of recent removal of trees from a cypress dome on the property. He said cypress Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 domes are environments protected by the South Florida Water Management District, the Department of Environmental Regulation, the Army Corps of Engineers and Collier County. He said when asked, Mr. Irgang admitted to having some of the cypress trees removed. Chairman Lazarus asked if the CEB has the authority to require the replanting of a species in this type of incident? Assistant County Attorney Wilson advised the only powers of the CEB are to impose fines, and the Board cannot enter an injunction requiring Mr. Irgang to replant the trees. She said the Board can suggest, however, that such action may be acceptable to mitigate the fines or the amount of fines. Upon being sworn in by Ms. Valcarcel, Environmental Specialist Marco Espinar, stated he took over the investigation of this case on 11/20/90. He reported sending a letter to Mr. Irgang requesting a response to prior letters sent by Mr. Kirby. He said having received no response, he phoned Mr. Irgang on 12/28/90 to discuss the subject. He advised that Mr. Irgang stated he did not feel he did anything wrong and would not respond. In response to Ms. Valcarcel, Mr. Espinar said he last inspected the property on 9/11/91 and there has been no compliance and no permits have been pulled with Collier County or any other regulatory agencies for the building, excavation or tree remo- val. Mr. Espinar referred to page 11 of Composite Exhibit "A", stating it is a sworn statement received from Richard Townsend stating he did some of the clearing work on the site. He said Mr. Townsend was hired by Mr. Irgang to do the excava- tion for $1,000, for which he was only compensated $500. Mr. Espinar stated, in answer to Chairman Lazarus, that no building permit for a well has been found after researching the records back to 1986. In answer to Mr. Irgang, Mr. Clark explained Code Compliance Investigators have the authority under Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 the Ordinance to enter property if they believe there is a violation, even if the property is posted with a "No Trespassing" sign. After being sworn in by Ms. Valcarcel, Richard Townsend stated he is self employed by clearing, hauling fill and trucking. He said he was employed by Mr. Irgang in either 1984 or 1985 to clear the front part of the subject site, however, he did not remove cypress trees. In response to Mr. Irgang, Mr. Townsend stated he did no excavation on the site. He said he was paid for clearing palmettos from the northwest corner of the property. Mr. Irgang introduced copies of an invoice from Townsend Hauling and a cancelled check indicating payment made to Mr. Townsend in the amount of $2,000. Mr. Clark asked that the above documents be entered into the record as Composite Exhibit "B". It was the consensus to accept Composite Exhibit "B" into the record as evidence. In answer to Mr. Clark, Mr. Irgang stated he intends to build a house on the subject site and has been working towards his goal for a number of years. He said the State Forester has certified the property as a Florida certified tree farm. He said he is willing to come into compliance and obtain permits to resolve this matter. Mr. Clark indicated Mr. Irgang has been very forthright in his dealings with Compliance Services. He recommended that the CEB find cause and that the violations exist. He suggested Mr. Irgang be required to present to Compliance Services within 30 days, a plan to mitigate and get the necessary permits or agree to restore the con- dition of the land to its original state. He recommended after 30 days, that Mr. Irgang be given an additional 90 days to bring the site into compliance. Assistant County Attorney Wilson recommended the Board recess to allow Mr. Irgang the opportunity to Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 discuss the terms of the above stipulation with Mr. Clark. She said if Mr. Irgang agrees, it can be presented as a stipulation which the Board can accept. Mr. Constantine mentioned evidence has not been heard regarding the well construction. Mr. Clark said in the absence of any conclusive evidence that Mr. Irgang is responsible for the construction of the well, he recommended that charge be dropped. *** Recessed: 2:05 P.M. Reconvened: 2:15 P.M. *** COMMENTS: Mr. Clark advised Staff recommends the violations be brought into compliance within 120 days. After such time if they are not brought into compliance, he said, it is Staff's recommendation that a fine of $200 per day for each of the violations be imposed. He asked that the Board recognize the stipulation between Staff and Mr. Irgang, as Agent for the owner of the subject property, that he be given 30 days to present an acceptable plan to County Staff by applying for and obtaining the required County permits and an additional 90 days to bring the violations into compliance. Assistant County Attorney Wilson asked Mr. Irgang if he fully understood what County Staff is asking of him, and if 120 days is sufficient time to comply? Mr. Irgang stated the amount of time given him is reasonable, depending on what he needs to comply with. He said he is more than willing to comply by obtaining the permits for constructing the barn, for doing the excavation and he would also like to apply for a permit to excavate the lake area. He suggested, however, that he be allowed to consult with his attorney because until a plan is actually derived, he is not sure what is expected of him. Assistant County Attorney Wilson suggested that this item be tabled until the next meeting with the understanding that Mr. Irgang will present a plan within that time. Mr. Clark offered as a compromise that Mr. Irgang be given 180 days to come into compliance. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: SEPTEMBER 30, 1991 Assistant County Attorney Wilson advised Mr. Irgang of his obligation to notify Compliance Services when he comes into compliance. Mr. Irgang indicated his acceptance of that respon- sibility. Made by Mr. Pedone that the Findings of Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-015 are that this cause caae on for public hearing before the Board on September 30, 1991, and the Board having heard testimony under oath, received evidence, and heard arauaents respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: that Sally Irgana is owner and Mark Irgang is Trustee of the subject proper tv . That the Code Enforcement Board has jurisdiction of the person of the Respondent and that Mark Irgana was present at the pUblic hearing. That all notices required by Collier County Ordinance No. 88-89 ("Collier County Code Enforcement Board Ordinance") have been proper IV issued. That the real property described as Township 50, Range 27, Section 28, Parcel 12, Naples, Florida, more particularly described as the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 50 South, Range 27 East, Collier County, Florida, is in violation of Sections 10.2 and 10.7 of Ordinance 82-2, Section A103.1.1.1 of Ordinance 90-75 and Ordinance 75-21 amended bv Ordinance 75-42 in the follOWing par- ticulars: removal of trees prior to issuance of notice of commencement, tree r.emoval, excavation without a building permit and a building erected prior to issuance of a building- permit. Seconded by Mr. Andrews. In answer to Assistant County Attorney Wilson, Mr. Pedone stated he did not include the violation dealing with the well in the motion. Upon call for the question, the motion carried 6/0. Made by Mr. Pedone that the Conclusions of Law are that Sally Iraana, Mark Irgana, Trustee, are in violation of Sections 10.2 and 10.7 of Ordinance 82-2, Section AI03.1.1.1 of Ordinance 90-75 and Ordinance 75-21 amended by Ordinance 76-42. Based Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 upon the foreaoina Findings of Fact and Conclusions of Law and pursuant to the authority Granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 88-89, it is hereby Ordered that the Respondent correct the violations of the precedina sections in the following manner: that the pro- pertv be brouaht into compliance within 180 days of the date of this Order; 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 $200 per day per violation for each and every day any violation described herein con- tinues past said date. Failure to comply with the Order within the specified time will result in the recordation of a lien pUrsuant to Chapter 162, Florida Statutes, which may be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 30th day of September, 1991, at Collier County, Florida. Seconded by Mr. Andrews. Carried 6/0. *** Recessed: 2:40 P.M. Reconvened: 2:50 P.M. *** *** NOTE: Due to an equipment malfunction, there are no audio tapes available for the re..inder of the meeting. *** ITEM : New Business Imposition of Fines - Board of County Commissioners vs. Jane Alander, CEB #89-013 (No back-up material was provided to the Recording Secretary. ) COMMENTS: Ms. Valcarcel requested the Board impose the fine of $250 per day which was established on 10/26/89. She said Staff has documented four days of con- tinued violation, constituting an accumulation of $1,000 to be paid by the Respondent. Mr. Constantine questioned why this issue is being brought back to the CEB when the original order imposes fines for recurring violations? Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MOTION: SEPTEMBER 30, 1991 Assistant County Attorney Wilson explained it is her recommendation that the fines be imposed at an open meeting, rather than just having the Chairman execute the Order, because the language in the Ordinance indicates Orders are imposed by the CEB. Made by Mr. Andrews to accept the Affidavit and approve $1,000 in accumulated fines to be paid by the Respondent. Seconded by Mr. Pedone. Carried 6/0. *** Imposition of Fines Board of County Commissioners vs. Wayne Thibodeau and Lisa Ann Thibodeau, CEB #91-003 (No back-up material was provided to the Recording Secretary.) Ms. Valcarcel noted on 1/24/91, the CEB imposed fines of $150 per day for each violation occurring in this case. She said 40 days of non-compliance have been documented, totalling $6,000 in fines. In response to Mr. Constantine, Mr. Clark stated the nature of the violations are the accumulation of litter, trash and debris on the subject pro- perty. Mr. Constantine commented he would prefer to state the violations occurred on 60 days, rather than 40 days because of the unlikelihood of the violations being removed during the days County Staff did not actually visit the site. Assistant County Attorney Wilson advised in that event, the CEB would be required to make a finding that the type of violation is such that there would be a continuing violation in between the County inspections and it would be impractical for the violations to cease on those days. She suggested the CEB hold a workshop and discuss the possibility of establishing a policy on this issue as part of the rules it governs by. Made by Mr. Pedone to impose the Order for fines and liens as presented. Seconded by Mr. Varie. Carried 6/0. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY SEPTEMBER 30, 1991 *** ITEM: COMMENTS: Workshop It was the consensus to hold a Workshop at the conclusion of the next regular meeting to review the policies and procedures of the CEB. *** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY (Y\~R.lC 7. <;"fl(l~)u ~l re n (] ~k:.m(,(J ) Page 10