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CEB Minutes 07/25/1991 1991 Code Enforcement Board Minutes July 25, 1991 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: July 25, 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 X EXC EXC X X --- X EXC CLARK MAZZONE VALCARCEL WILSON X X X X ---~ MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 10:05 A.M. PRESIDING: Monte Lazarus, Chairman ADDENDA TO THE AGENDA: One Item Page 1 ~: r ,. CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA A~.!LHQA Date: JULY 25, 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 June 21, 1991 4. PUBLIC HEARINGS A. Board of County Commissioners vs, JACOB B. GADSDEN, JR AND ALTHEA GADSDEN CEB # 91-014 5. OLD BUSINESS Imposition of fines to Aspen Lake Development, Inc., CEB #91-006 6. NEW BUSINESS Proposal to amend ordinance 88-89 to allow for maximum of $500 per day fine for repeat violations Request from First Assembly of God Church of Naples, to consider granting a rehearing on the Order of the Board on case CEB #91-013 7 . REPORTS N/A 8. NEXT MEETING DATE August 22, 1991 9 . ADJOURN -,.. CODE ENFORCEMENT BOARD OF COLLIER COUNTY ADDENDA: COMMENTS: MOTION: CASE NO: RESPONDENT: JULY 25, 1991 *** Workshop regarding representation by the County Attorney's Office Assistant County Attorney Wilson requested that at the conclusion of the regular agenda, that a workshop be held with regard to representation by the County Attorney's Office, henceforth. Made by Mr. Strain to approve the agenda as amended. Seconded by Mr. Andrews. Carried 4/0. *** 91-014 Jacob B. Gadsden, Jr. and Althea Gadsden LOCA~ION OF VIOLATION: 707 S. 5th Street, Immokalee, Florida COMMENTS: Code Enforcement Coordinator, Maria Valcarcel explained that the named Respondents are charged with violation of Ordinance 88-45, as owners of record of the described property. She reported that the Respondents are charged with owning and/or controlling property with an unauthorized accumula- tion of litter and abandoned property that is allowed to remain. She advised that the Respondents or representative are not present. Ms. Valcarcel requested that Composite Exhibit "A" be entered into evidence with regard to Case 91-014. It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. After being sworn in by Ms. Valcarcel, Code Compliance Investigator Mazzone stated that he visited the site in question on March 11, 1991 and found a considerable amount of litter and trash strewn throughout the property; the property con- tained vehicles that appeared to be uncared for; one vehicle contained trash; and there was a mobile home which was unattended, open to the public, par- tially disassembled and uncared for. In addition, he reported raw produce, many produces boxes, cans, bottles, discarded appliances, clothing, vehicle and engine parts. Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 25, 1991 Inspector Mazzone advised that the litter has been removed at the County's expense after a request had been made to Mr. and Mrs. Gadsden to remove same. Mr. Mazzone provided photos of the site, reflecting the abandoned vehicles, and the mobile home with the floor rotted out, and portions of the interior walls and ceiling dismantled. He indicated that this mobile home is located directly across from Bethune Elementary School. In answer to Mr. Lazarus, Mr. Mazzone stated that he met with Mr. Gadsden and his brother at the site and explained the violation to them and advised that the raw trash, produce, and litter in the area had to be removed and the property had to be cleaned up. Mr. Lazarus questioned whether there is any appar- ent health hazard from the material lying on the ground, to which Mr. Mazzone replied affirmatively, noting that he told Mr. Gadsden that the rotting melons and tomatoes needed to be cleaned up imme- diately and the raw trash was removed shortly thereafter. ~~. - :?~ that several attempts were made including site visits and three notifications via certified mail to convince Mr. Gadsden to remove the violation prior to bringing the case before the Board. MOTION: Made by Mr. Strain that the Findings-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-014 are that this cause came on for public hearing before the Board on July 25, 1991, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: That Jacob B. Gadsden, Jr., and Althea Gadsden are the owners of record of the subject property. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that Jacob B. Gadsden, Jr., and Althea Gadsden were not present at the public hearing. All notices required by Collier County Ordinance No. 88-89 have been properly issued. That the real property legally described as Township 47, Range 29, Section 9, Parcel 26 is in violation of Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMMENTS: MOTION: ITEM: COMMENTS: JULY 25, 1991 Ordinance 88-45, Section 8 in the following par- ticulars: abandoned property to wit mobile home and a Dodge Van as described in Section 40f Exhibit "A". Seconded by Mr. Andrews. Carried 4/0. Mr. Clark advised that staff is recommending the imposition of a fine in the amount of $100 per day. Mr. Lazarus voiced concern that the abandoned vehicles may constitute an attractive nuisance and there are children playing in the area. Made by Mr. Strain that the Conclusions of Law are that Jacob B. Gadsden and Althea Gadsden are in violation of Collier County Ordinance 88-45 Section Eight. Based upon the foregoing 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 Respondents correct the violation of Section Eight, Collier County Ordinance No. 88-45 in the following manner: Remove the abandoned property described as a mobile home and Dodge Van as scheduled in Section Four of Exhibit "A"; 1;:hat said corrections be completed on or before August 5, 1991 and if Respondents do not comply with this Order on or before that date then and in that event Respondents are hereby ordered to pay a fine of $200.00 per day for each and every day any violation described herein continues 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 Respondents' property sold to enforce the lien. Done and Ordered this 25th day of July, 1991 at Collier County, Florida. Seconded by Mr. Andrews. Carried 4/0. ***** Old Business - Imposition of fines to Aspen Lake Development, Inc., CEB Case #91-006 Ms. Valcarcel requested that the Board impose appropriate fines relating to Case #91-006. explained that the Respondent has continued violation on the date stated in the subject vit of non-compliance. the She the affida- Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY ITEM: COMMENTS: !T~: JULY 25, 1991 Ms. Valcarcel advised that on March 28 and April 25, 1991, the Board determined the existence of the violation and ordered the imposition of a fine in the amount of $250.00 per day of any subsequent violation. She noted that 26 days of non- compliance have accumulated which totals a fine in the amount of $6,500. Ms. Valcarcel requested that Chairman Lazarus exe- cute the affidavit at this time. Mr. Clark stated that a motion is not required, but noted that this matter is being brought before the Board in order for the record to reflect the con- tinued violation. In answer to Mr. Lazarus, Mr. Clark advised that the Respondent's statutory appeal time has expired. In addition, he related that if the County is not compensated, staff will request that a lien be imposed on the subject property. Mr. Lazarus remarked that it is desirable to take the necessary steps to bring the Respondent into compliance. *** Proposal to amend Ordinance 88-89 to allow for maximum of $500 per day fine for repeat violations Assistant County Attorney Wilson advised that her office is in the process of preparing for sub- mission to the Board, an amended Ordinance which includes an increase in the amount of the fines and additional provisions which have recentJy been accomplished in the Flo 'L6 Statutes. She suggested that this item be continued to be reviewed during a workshop session, noting that a draft of same should be completed by September. It was the consensus of the Board that this item be continued for review during a workshop session in September. *** Request from Assembly of God Church of Naples, to consider granting a rehearing on the Order of the Board on CEB Case #91-013 Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 25, 1991 COMMENTS: Chairman Lazarus remarked that the Board has not received the minutes from the last meeting and it would be very difficult to rule on the motion. He indicated that his personal preference is to con- tinue this matter with direction to Attorney Kramer to prepare an Order. Mr. Strain concurred that without the minutes it would be difficult to validate Mr. Kramer's posi- tion. He stated that he would like to receive a verbatim record of the proceedings relative to Case #91-013. Assistant County Attorney Wilson stated that there is a proposed Order from one side in this case and objections to same from the other side. She indi- cated that it would be helpful if the portion of the record could be transcribed which includes the motion. Attorney Kramer replied that the Board did not make Findings of Fact, Conclusions of Law at the last meeting. He noted that he is at a loss, without having the record to review. Mr. Clark cited that staff's concern is that if this matter is continued for another month, school will be back in session. Mr. Kramer questioned whether everything is held in abeyance until the matter is resolved, to which Mr. Lazarus replied affirmatively. Attorney Bruce Anderson recalled that the County was willing to extend the date of compliance for 45 days from the date of the hearing. He noted that the Order he originally prepared, contained a compliance date of August 1st, but per the Board's request, this was extended to August 15. He stated that the extension of 45 days was granted to give the Church the opportunity to make alternative arrangements and at the same time mandate that the date of compliance would be before the new school year began. He requested that the Board reaffirm that the date of compliance would not be extended again. Mr. Lazarus replied that the Board has the authority at the next meeting to decide what the compliance date will be and there is no compulsion to extend the compliance date indefinitely. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 25, 1991 Attorney Kramer pointed out that he believes that the Board ruled on 45 days from the date of the Order and not 45 days from the date of the hearing. In addition, he cited that if this matter is to be reviewed at an independent hearing after August 15th, the church is in an awkward position. Attorney Anderson questioned whether Mr. Kramer is willing to waive the requirement for written notice relative to rehearing, to which he replied affir- matively. Mr. Lazarus stated that if Attorney proposed order, that he submit same later than Tuesday, July 29, 1991. replied that he would like to see a the record before he complies. Kramer has a to Mr. Clark no Mr. Kramer transcript of It was the consensus of the Board that this matter be continued until Monday, August 5, 1991 at 10:00 A.M. Ms. Wilson advised that she is unable to attend the meeting on August 5th due to a cou~t date but an attorney from the County Attorney's Office will be present. MOTION: Made by Mr. Strain to continue the rehearing on the Order of the Board on CEB Case #91-013 to August 5, 1991, at 10:00 A.M. Seconded by Mr. Andrews. Carried 4/0. *** There being no business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY l / 1-<-CWfr~~ Monte La r s, Cha~rman Page 7