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CEB Minutes 03/28/1991 1991 Code Enforcement Board Minutes March 28, 1991 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: March 28, 1991 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS X CLARK X CONSTANTINE X MANALICH X VARlE X SMITH X LAZARUS X WILSON X PEDONE X DOUGLAS X STRAIN X * BOYCE X WILLIAMS X MORAD X *ARRIVED LATE - reflected in votes MINUTES BY: Debby Farris, Annette Guevin and Ellie Hoffman, Deputy Clerks CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 2:30 P.M. PRESIDING: Monte Lazarus, Chairman ADDENDA TO THE AGENDA: One item Page 1 ~ CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AQEH!2A Date: March 28, 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 Jan. 24, 1991 and Feb. 28, 1991 4. PUBLIC HEARINGS A. Board of County Commissioners vs Aspen Lake Dev. CEB #91-006 B. Board of County Commissioners vs Felix Torres and. Mirta Torres, CEB #91-007 C. Board of County Commissioners vs Alan & Susan Law, CEB #91-008 D. Board of County Commissioners vs Frances Dixon, CEB #91-009 E. Board of County Commissioners vs Robert JOlelyn N. DeLe stang and Bonnie Jean DeLe stang CEB #91-010 F. Board of County Commissioners vs Flores Trailer Park Inc., Arturo Flores, President CEB #91-011 G. Board of County Commissioners vs First Assembly of God of Naples, Inc. CEB #91-012 5. OLD BUSINESS <> 6. NEW BUSINESS <> 7. REPORTS <> 8. NEXT MEETING DATE April 25, 1991 9. ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 *** ADDENDA: Election of Chairman and Vice-Chairman of the CEB COMMENTS: Ms. Wilson reported that her office had been informed that the absent member, Mr. Strain, is interested in making himself available to the Board. MOTION: Made by Mr. Andrews to nominate Monte Lazarus as Chairman. Seconded by Mr. Williams. Upon roll call, the Motion carried as follows: Andrews Constantine Varie Lazarus Pedone Williams aye aye aye abstained aye aye MOTION: Made by Chairman Lazarus to nominate Mark Strain as Vice-Chairman. Seconded by Mr. Andrews. Carried 6/0. *** ITEM: Approval of Minutes of February 28, 1991. MOTION: Made by Mr. Andrews to approve the Minutes of February 28, 1991, as submitted. Seconded by Mr. Pedone. Carried 6/0. *** CASE NO: 91-012 RESPONDENT: First Assembly of God of Naples Fla. Inc. J. David Mallory President LOCATION OF VIOLATION: 2132 Shadowlawn, Florida more par- ticularly described as N. 150' of Lot 36 Naples Grove & Trust Company Little Farms #2 Subdivision COMMENTS: Mr. Smith reported that this matter is to be con- tinued to a future date (which has not been established at this time). Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO: RESPONDENT: MARCH 28, 1991 *** 91-006 Aspen Lake Associates, a limited partnership, a Michigan Limited Partnership, Lake Science & Lake Group, d/b/a Lake San Marino Richard Negley, Registered Agent for Aspen Lake Associates LOCATION OF VIOLATION: 1000 Wiggins Pass Road, Naples, Florida more particularly described as Lake San Marino VIOLATION: COMMENTS: Sections 1, 2, 11(A) of Ordinance No. 85-33, the Collier County Litter Ordinance Mr. Constantine commented he would participate in this matter only to the extent of answering questions which might arise, but that he will abstain from voting as he may be absent during part of the discussion and possibly the actual vote on this issue. (Mr. Constantine did leave the meeting at approximately 9:45 A.M. and later returned during discussion of this matter) Code Compliance Coordinator Smith reported that the Board and the recorder have been provided a copy of Composite Exhibit "A", Code Enforcement Board Case #91-006, and requested admitting same into evidence. Mr. Smith stated that the Respondents were present along with counsel. Attorney Paul Ezatoff stated he represents all the Respondents except John Newberry. He objected to the introduction of Exhibit "AI' into evidence. Compliance Services Supervisor Clark commented that the documents speak for themselves, that counsel had ample opportunity to review same, and that Chapter 162 of Florida Statutes allows a considerable degree of latitude and even allows hearsay evidence as long as it is not the sole basis for the evidence to be presented. He stated that the documents, being part of this case, are a matter of public record and, there- fore, the Sunshine Law allows access to all of them. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 In response to Mr. Smith's question of whether the packet was accepted, Chairman Lazarus answered in the affirmative. After being sworn in by Code Compliance Coordinator Smith, Dr. Frank Van Essen, Director of the Collier Mosquito Control District, attested to having visited the subject site personally approximately 1-1/2 years ago, and that members of his organiza- tion have subsequently visited the site and found larvae identified as Culex nigripalpus, a potential St. Louis Encephalitis vector. He stated that this particular type of larvae tends to prefer areas that have higher organic content such as found in and around the percolation pond. Attorney Ezatoff voiced objections to portions of Dr. Van Essen's testimony. After being sworn in by Mr. Smith, Alex Palmer, 111 Royal Cove Drive, Naples, Florida, attested to the fact that his property is located just south of the pond (his home being within 50 ft. of the berm itself). He stated that the pond is leaching through the berm and that he has physically seen wastewater flow from the pond and swale coming up to and flowing beneath his dwelling. He said that, even during months without rain, 20-30 ft. of that portion of his property adjoining the area of the pond stays "completely soggy". He explained that this is an ongoing situation and that Collier County Pollution Control has been working with them on it for about six years. He indicated that the problem of leaching onto his property has altered his lifestyle to the degree that his children are limited to the front area of his property for pur- poses of play. After being sworn in by Mr. Smith, Ruby Walters, 112 Royal Cove Drive, Naples, attested to the fact that her property adjoins the percolation pond, and that her dwelling is located approximately 30 ft. away from same. She admitted having witnessed liquid waste coming out of the percolation pond (through the berm) into her yard. She said that at times the odor is so strong that they have to go inside, close the house, and turn the fan on in order to breathe. She admitted knowledge of the existence of the pond at the time they purchased Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 their property but denied any knowledge of liquid waste leaching through the berm and onto her pro- perty itself. She objected to the situation created by the pond leaching through the berm and to its effect on her lifestyle. She indicated she can no longer work outside in her flowers due to the odor and the mosquitoes. After being sworn in by Mr. Smith, Earl Walters, 112 Royal Cove Drive, Naples, attested to seeing tree roots growing out of the pond with water trickling out approximately 18"-2' above the level of water in the ditch. He stated that he and Mr. Palmers witnessed this situation as recently as yesterday. After being sworn in by Mr. Smith, Richard A. Pitman, 113 Royal Cove Drive, Naples, attested to the fact that the water leaches from the pond into his backyard, and that this has been an ongoing situation since 1980. He stated that waste material comes onto his property and, thus, has decreased its value. After being sworn in by Mr. Smith, Lisa Douglass, Pollution Control Specialist, attested to per- forming on-site inspections of Lake San Marino over the past 1~-2 years. She reported a number of complaints with follow-up investigations revealing leaching occurring. She stated that in the past year there has been visual proof of leaching through the berm. She professed to standing on the berm of the pond and actually hearing the water and seeing it run through the berm. She acknowledged the existence of photographs docu- menting the deterioration and sloughing off of the pond berm. She said that weakness of the berm had been observed prior to the break on February 22nd, said break permitting a couple hundred thousand gallons of effluent onto adjacent property. She stated that yesterday the pond was visually leaching in several areas. Ms. Douglass indicated she did a sample analysis of the liquid both inside and outside the pond, and the written report of said samples is entered into evidence at this time as Petitioner's Exhibit "B". Attorney Ezatoff objected, due to the lack of foun- dation, to the assumption that the waste material Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 outside the percolation pond is the same as inside and, therefore, that the pond is the source of the waste. Ms. Douglass admitted doing a monthly inspection of the area and indicated that findings are contained in her reports enclosed as a part of Composite Exhibit "A". She acknowledged the existence of the document signed by Mr. Negley and identified as page 83 of Composite Exhibit "A". After being sworn in by Mr. Clark, Bill Smith attested to performing inspections of the site in question on numerous occasions and having pho- tographs depicting the condition of same on various visits. He stated that the most recent inspection made by him was on March 13, 1991, at which time the pond was still leaching. He reported a video taken by him during the inspection of January 17, 1991. *** Recessed 10:25 A.M. - Reconvened 10:35 A.M. *** Attorney Ezatoff acknowledged the photos taken by Mr. Smith and had no objections to the video taken on 1/17/91 being shown. Mr. Smith proceeded to show the video of 1/17/91 and make comments regarding its contents (the video was not visible to the Clerk to the Board). The photographs representing the area of 1000 Wiggins Pass Road and abutting property are entered into the record as Petitioner's Composite Exhibit "c" and the video taken by Mr. Smith is entered as Petitioner's Composite Exhibit "D". After being sworn in by Mr. Clark, Heyward Boyce, Compliance Services Manager and Registered Engineer Certificate No. 24023, attested to design experience with earth structures and and their construction. He stated that Mr. Clark had asked him to testify 15 minutes previously. Mr. Boyce defined a berm and explained the purpose of same as well as what constitutes a failure of a berm in the performance of its function. In reference to the photos admitted into evidence and examined by him, Mr. Boyce commented that, in his opinion, he sees an earthern berm which has suffered failure and is Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 passing a great deal of water through the berm from what is confined by that berm. After being sworn in by Mr. Smith, Ed Morad, Code Compliance Investigator, attested to a visit to the site of San Marino on 2/16/89 due to a complaint having been filed. He commented regarding page 83 of the Composite Exhibit "A". Mr. Clark pointed out that the situation testified to by Mr. Morad was the same violation, the same charge, and the same location which is the basis of todayls testimony. After being sworn in by Mr. Clark, Mr. Charles Richard Negley, Regional Manager for Aspen Enterprises, Ltd., attested to the purchase of Lake San Marino in the summer of 1983 and to the existence of the percolation pond and sewage treat- ment plant at that time. He commented on the problems encountered with the pond and plant as well as Aspen's attempts to correct same over the years. He stated that it was now a viable option to connect Lake San Marino RV Park to the Collier County sewer system. At this time, Respondent's attorney introduced Respondent's Exhibit "A" into evidence (Alleged to be a letter from Mr. Negley to Mr. Fred Bloetscher; however, a copy of said letter was not provided to the Clerk to the Board). Mr. Negley stated Aspen was committed to hooking up to the Countyls sewer system. He verified the transportation of 73 tranport tanker loads of reclaimed water from the subject site as of this morning at an initial cost of $125.00 per load but subsequently reduced to a current cost of $115.00 per load. He responded to questions directed to him by Attorney Ezatoff regarding Petitioner's Composite Exhibit "C". He denied that he or anyone associated with Aspen intentionally dumping liquid waste from the perc pond or anywhere else on that property. Mr. Smith questioned Mr. Negley regarding impact fees and related fees for Lake San Marino to hook up to Collier County's sewer system. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 Mr. Clark questioned Mr. Negley regarding page 83 of Composite Exhibit "A". *** Deputy Clerk Guevin replaced Deputy Clerk Farris at this time *** In answer to Mr. Clark, Mr. Negley agreed that the higher the occupancy of the park, the more liquid waste must be processed. He said as the seasonal residents leave, by the end of April the daily flow into the plant will be reduced to 6,000-8,000 gallons. He also agreed that an option to the problem would have been to pump more of the liquid waste out of the pond by tanker trucks on a con- tinuing basis than has been done. Mr. Lazarus mentioned the violations are alleged to have been committed by some limited partnerships. He questioned if any corporations are involved? Mr. Negley responded the entities of the park are Aspen Lake Associates, a Limited Partnership of which the general partners are Aspen Enterprises in Grand Rapids, Michigan. He said he is the registered agent within the State of Florida, as well as the General Manager. In response to Attorney Ezatoff, Mr. Negley said in 1989, 600 yards of dirt was brought in to raise and widen the berm, in addition to putting in the liner. He stated by trucking the waste off site, he is not admitting the water that appears in the ditch is wastewater from the pond. He said he is simply trying to resolve a problem so as not to be injurious to the neighbors. Upon being sworn in by Mr. Smith, Mr. James Paul Elliott (phonetic) summarized his expertise in the area of civil and sanitary engineering. He stated he was hired by the Respondent for the purpose of trying to resolve an effluent disposal problem and look for alternatives to satisfy DER concerns. Mr. Elliott identified an aerial photograph depicting the vicinity of Lake San Marino, Royal Cove and Caribbean Village. He stated in his opi- nion the water in the retention pond, which is the stormwater holding pond, is an accurate reflection of the nature of groundwater in the vicinity of Lake San Marino. He testified the counteracting Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 force of the groundwater impacts the force to drive percolation down through the retention pond, there- fore, the elevation in the pond is higher. Mr. Elliott identified what Attorney Ezatoff referred to as Respondentls Exhibit B, as an enlargement of the above mentioned aerial pho- tograph, focusing on the percolation pond and the adjacent homes along the property line. Attorney Ezatoff asked if the existing drainage pattern is consistent with present requirements of Southwest Florida Water Management District, to which Mr. Elliott replied in the negative, adding that the park is very old. He stated ponds are no longer allowed to be built in the same manner. Attorney Ezatoff questioned if Aspen has taken any steps to hook up to the County's sewer system? Mr. Elliott replied that preliminary plans and cost estimates have been prepared. He said final plans will be ready to submit within the next two weeks. He noted total costs, including review fees, engi- neering and surveying are estimated at $126,000. He added once the permits are obtained, the project can be completed in three to four weeks if the pumping equipment is pre-ordered. Mr. Andrews asked Mr. Elliott if a temporary solu- tion can be found while waiting to be connected to the Countyls System? Mr. Elliott indicated with a continuing decline in the occupancy rate and if it does not rain, the sump pumps will maintain a level in the ditch to flow away from the property. He said if the elevation reaches a certain level, trucking the water off the site can also help remedy the situation. In answer to Attorney Ezatoff, Mr. Elliott indi- cated that on March 27th, the subject site looked entirely different than was depicted on the videotape. He said from his observation, the water is being pumped over the berm and contained on Lake San Marino. Mr. Clark questioned if Mr. Elliott performed any tests for liquid waste, to which he replied in the negative. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 Mr. Clark asked if anything more could have been done by Aspen to prevent the situation from occurring? Mr. Elliott responded that he is not sure what else technically could have been done to enhance the berm. He added there is only so much that can be done within the bounds of what is allowed by DER and regulatory agencies. Mr. Elliott agreed when questioned by Mr. Clark, that a concrete berm would be less pervious than an earthen berm. Mr. Ezatoff requested that Respondent's Exhibits A and B be admitted into the record and that the aerial photographs identified by Mr. Elliott be admitted as Respondent's Exhibit C. It was the consensus to accept Respondent's Exhibits A, Band C into the record as evidence. Mr. Clark commented that the evidence and testimony has clearly shown a continuing violation that the management of Lake San Marino has been aware of for a considerable period of time. He said there are remedies that could have been used to keep the violation from occurring. He stated the violation charged is that liquid wastes were placed within 100 feet of improved property by the management of Lake San Marino. He indicated a reasonable conclu- sion is that liquid waste has been leached onto the neighboring properties from the effluent pond. He noted that the same violation was acknowledged one year earlier, and the management of Lake San Marino has failed to take corrective measures. Attorney Ezatoff noted that Aspen Enterprises inherited a problem for which they have spent $100,000 attempting to correct. He said they have made every effort their engineers recommended to try to make the pond work the way it is supposed to. He stated Aspen has continued to exercise good faith efforts to take care of the complaints of neighbors. He noted as soon as the option became available, Aspen has taken action to hook Lake San Marino into the County's sewer system. He disagreed that the County has met its burden of proof, stating there has been no showing of any deliberate act of dumping or causing to be dumped, liquid waste on public land. He also argued that Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 the allegation of violation of Section llA of the ordinance requires a 30 day notice to the violator to allow him to correct the violation, and his client has not been given that notice. In answer to Mr. Lazarus, Attorney Ezatoff indi- cated that providing there is no major change in the County's estimate of the cost of connecting to the Collier County sewer system, Aspen is absolu- tely committed to hooking up as soon as the per- mitting has been accomplished. Mr. Clark disagreed with Attorney Ezatoff's argu- ments and asked that the Respondent be given five days to correct the problem and that the Board impose a fine of $250 for every day thereafter that the violation continues to exist. Mr. Lazarus stated his concerns with the allegation of violation of Section llA. He also said if there is a penalty imposed, the Board must be certain the correct Respondent is identified. Attorney Ezatoff stipulated that Aspen Enterprises Limited as the general partnership will be respon- sible for any fine that may be assessed. MOTION: Made by Mr. Andrews that the Findinas-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-006 are that this cause came on for public hearina before the Board on March 28, 1991, and the Board havina heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters and counsel for Respondent, Paul Ezatoff, Esquire, havina stipu- lated on the record that Aspen Enterprises Limited is the General Partner who would be responsible for the payment of any fine that is assessed aCl&inst Respondents, which are the owners of record of the property which is the subject of this action, and Aspen Enterprises Limited therefore beina a proper Respondent in this case, thereupOn issues its Fin- dinas of Fact, Conclusions of Law and Order of the Board as follows: That Aspen Enterprises Limited is the owner of record of the subject property. That the Code Enforcement Board has juriSdiction of the person of the Respondent and that Paul Ezatoff, Esquire, and Richard Nealey, Reaistered Aaent for Aspen Lake Associates were present at the public Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MARCH 28, 1991 hearina. All notices reQUired by Collier County Ordinance No. 88-89 have been properly issued. That the real property leaally described as 1000 Wiaains Pass Road, Naples, Florida, also known as Lake San Marino and more particularly described as the North ~ of the North ~ of the Southwest ~, less the Northwest ~ of the Northwest ~ of the Southwest ~, of Section 15, Township 48 South, Ranae 25 East, Collier County, Florida, is in violation of Section(s) Two of Ordinance No. 85-33, in the fOllOWing particulars: Causina liquid waste to be placed upon private places which are the propertY of others in Collier County without consent of owner of said place and property. Seconded by Mr. Williaas. Carried 5/0 (Messrs. Constantine and Strain abstained, having been absent froa the ...ting during a major portion of the discussion). Made by Mr. Andrews that the Conclusions of Law are that Aspen Enterprises Limited is in violation of Section(s) Two of Collier County Ordinance 85-33, Collier County Litter Ordinance. Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the author i tv granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 88-89, it is hereby ordered that the ReSpOndent correct the violation of Section(s) Two, Collier County Ordinance No. 85-33 in the followina manner: Cease and refrain from causing liquid waste to be placed upon private places which are the property of others in Collier County without consent of owner of said place and property as outlined in paragraph 4.A. of the above Findinas of Fact. That said correction(s) be completed on or before the 2nd day of April, 1991, 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 $250.00 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 Respondent's prOPerty sold to enforce the lien. Done 8Dd Ordered this 28th day of March, 1992 at Collier County, Florida. Seconded by Mr. Willi_. Carried 5/0 (Messrs. Constantine and Strain abstained) . Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 Mr. Lazarus advised the Respondents of their right to appeal the original decision of the Board. *** *** Recess: 1:00 P.M. Reconvened: 2:00 P.M. at which time Deputy Clerk Hoffman replaced Deputy Clerk Guevin *** *** *** Mr. Williams not present after the recess *** CASE &0. CEB #91-007, Board of County Commissioners va Pelix Torres and Mirta Torres RBSPORDBBT: Felix Torres and Mirta Torres LOCATION OP VIOLATION: 5230 Johns Street Naples, Florida VIOLATIO&: Sections 8.51 A&B of Collier County Ordinance No. 82-29 COMMEars: Compliance Services Enforcement Coordinator Smith stated that the recorder and the Board have been provided with Composite Exhibit "A", and requested that this be admitted into evidence relative to Code Enforcement Board 91-007, Felix and Mirta Torres, Respondents and present. The consensus was to admit Composite Exhibit "A" into evidence. Mr. Smith reported that Mr. and Mrs. Torres' daughter, who speaks English, will interpret for them. He noted that the Respondents are willing to stipulate to the violation of Collier County Zoning Ordinance 82-29, Sections 8.51 A&B. After being sworn in by Mr. Smith, Mr. Felix Torres stated that he and his family recently moved to Naples from Illinois. He remarked that everything he owned was in a U-Haul van which was parked in front of his residence on Johns Street. He explained that a red tag was placed on the vehicle and he moved same to a friendls business. He indi- cated that Inspector Mazzone inquired as to why he moved the vehicle and mentioned that since it weighed less than 10,000 pounds it was permissible to keep the vehicle at his residence. Page 13 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 Mr. Torres related that he parked the U-Haul back at his residence after having conversations with Mr. Mazzone. Mr. Smith explained that it is unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoned district unless it is parked in a garage, carport, or fully enclosed structure and cannot be seen from the street serving the lot. Mr. Clark advised that it appears that there has been miscommunication between Mr. Torres and Inspector Mazzone. He questioned whether the vehicle could be removed and stored at the friendls place of business, to which Mr. and Mrs. Torres replied affirmatively. Mr. Smith disclosed that staff is recommending that Mr. Torres be given 15 days to move the vehicle but if the violation is not corrected within that time frame, that a fine of $50 per day be imposed. MOTIOB: Made by Mr. Andrews that the Findinas-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-007 are that this cause came on for public hearina before the Board on March 28, 1991, and the Board havina heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findinas of Fact, Conclusions of Law and Order of the Board as follows: That Felix and Mirta Torres are the owners of record of the subject property. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the ReSpOndents were present at the public hearina. All notices required by Collier County Ordinance No. 88-89 have been properly issued. That the real property legally described as 5230 Johns Street, Naples, Florida, is in violation of Section 8.51 A&B of Ordinance 82-29 of the Collier County Zonina Ordinance in the following particulars: Unlawful parkina and storing of a c~rcial vehicle in a residential area. Seconded by Mr. Varie. Carried 6/0. MOTIOII: Made by Mr. Andrews that Conclusions of Law are that Felix and Mirta Torres are in violation of Section 8.51 A&B of Collier County Ordinance 82-29. Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 Order of the Board: Based upon the foreaoina Findinas-of-Fact and Conclusions of Law, and pur- suant 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 8.51 A&B of Collier County Ordinance 82-29 in the followinq aanner: Place the commercial vehicle in a fully enclosed garage or carport, not visible from the street, or in the rear of the main structure that is enclosed within a vegetative screenina or con- cealed from the neiahbors and that said corrections be ccmpleted on or before the 12th day of April, 1991. If ReSpOndent does not comply with this Order, on or before that date, he is Ordered to pay a fine of $50 per day for each and every day any violation described herein continues past said date. Failure to coaply with the Order within the specified ti.. will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes, which aay be forec losed, and ReSpOndents I property sold to enforce the lien. Done and Ordered this 28th day of March, 1991, at Collier County, Florida. Seconded by Mr. Constantine. Carried 6/0. *** CASE NO: CEB #91-008, Board of County Commissioners vs Alan & Susan Law RESPOlIDENT : Alan & Susan Law LOCATION OF VIOLATION: 825 Willow Court, Marco Beach Unit 4, Block 119, Lot 19. Naples, Florida 33964 VIOLATIOB: Section 7.11 C3(b) and 10.7 of Ordinance No. 82-2, the Collier County Zoning Ordinance COlIMmu"s: Mr. Smith stated that the Board and the recorder have been provided with a copy of Composite Exhibit "A", Code Enforcement Board Case #91-008, and requested admitting same into evidence. He noted that the Respondents, Alan and Susan Law are not present. It was the consensus to accept Composite Exhibit "A" into the record as evidence. Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: MARCH 28, 1991 Mr. Smith advised that he spoke with the Respondents Counsel, Mr. Ron Webster and he replied that he saw no avenue of defense and therefore, his clients would not be present at today's hearing. Mr. Smith reported that he explained to Attorney Webster that he would recommend to the Board that a fair time is 30 days and a fine of $250 per day would be imposed after that time. He indicated that Mr. Webster cited that he had no problem with that recommendation. Mr. Smith stated that Alan and Susan Law are charged with being in violation of Collier County Ordinance 82-2, Section 7.11 C3(b) and 10.7. He noted that Alan and Susan Law are the owners of the record of the parcel at 825 Willow Court, Marco Beach Unit 4, Block 119, Lot 19. Made by Mr. Constantine that the Findinas-of-Fact, Conclusions of Law and Order of the Board in Case 110. CEB #91-008 are that Alan and SUe L_ are the owners of record of the subject property. That the Code Enforce.ent Board has jurisdiction of the per- son of the Respondents and that they were not pre- sent at the public hearina. All no'tices reQUired by Collier County Ordinance 88-89 have been pro- perly issued. That the real property as legally described as Marco Beach Unit 4, Block 119, Lot 19 A/K/A 825 Willow Ct., is in violation of Sections 7.11 C3(b) and 10.7 of Ordinance 82-2 in the followina particulars: IlIlProved property without the issuance of a buildina permit and structure encroaches into the side yard setbacks. Seconded by Mr. Strain. Carried 6/0. Made by Mr. Constantine that Conclusions of Law are that Alan and Susan Law are in violation of Sections 7.11 C3(b) and 10.7 of Collier County Ordinance 82-2. Order of the Board: Based upon the foreaoina Findinas-of-Fact and Conclusions of Law, and pursuant to the authority granted in Chap'ter 162, Florida Statutes, and Collier County Ordinance No. 88-89, it is hereby Ordered that the Jlespondents correct the violation of the previous sections in the followina manner: Obtain proper peraits or rtDlOVe the structure, and relieve the encroac~ts in the proper manner; tha't said corrections be c~le'ted on or before April 27, Page 16 CODE EBPORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 1991 and if Respondents do not comply with this Order, they will be Ordered to pay a fine of $250 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 28th day of March, 1991, at Collier County, Florida. Seconded by Mr. Andrews. Carried 6/0. *** CUE .0: CEB #91-009, Board of County Co..issioners vs Frances Dixon ItESPOIIDDT : Frances Dixon LOCATIO. OP VYOLATIOR: 206 6th Street West, Little Hickory Shores Unit 2, Block E, Lot 32 VIOLATIOJI: Sections 7.11 b4 and 10.2 of Ordinance No. 82-2, the Collier County Zoning Ordinance and Section 11 of Ordinance 87-80, the Collier County Flood Ordinance. COJ8IIDI'l'S : Mr. Smith stated that the Board and the recorder have been provided with a copy of Composite Exhibit "A", Code Enforcement Board Case #91-009, and requested admitting same into evidence. It was the consensus to accept Composite Exhibit "A" into the record as evidence. Mr. Smith advised that the Respondent, Frances Dixon is not present. He disclosed that he has had conversations with Ms. Dixon and advised that he would recommend to the Board that 45 days be given to bring the violations into compliance, and if this time frame is not met, that a fine of $250 would be imposed. He affirmed that Ms. Dixon con- curred with his recommendation. Mr. Smith declared that as documented in Composite Exhibit "A", Ms. Dixon is charged with being in violation of Collier County Zoning Ordinance 82-2, Sections 7.11 b4 and 10.2 and Collier County Flood Ordinance 87-80, Section 11. He expressed that Page 17 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 Frances Dixon is the owner of record of the parcel located at 206 6th Street West, Little Hickory Shores, Unit 2, Block 3 Lot 32. MOTION: Made by Mr. Strain that the Findinas-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-009 are that this cause came on for public hearina before the Board on March 28, 1991, and the Board havina heard test imony under oath, received evidence, and heard arawaents respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: that Frances Dixon is the owner of record of the subject property. That the Code Enforceaent Board has jurisdiction of the person of the ReSpOndent and that Frances Dixon was not present at the public hearing. All notices required by Collier County Ordinance No. 88-89 have been proverly issued. That the real property legally described as 206 6th Street West, I'lorida_ aore particularly described as Little Hickory Shores Unit 2, Block E Lot 32 is in violation of Sections 7.11 b4 and 10.2 of Collier County Ordinance 82-2 and Section 11 of Ordinance 87-80 of the Collier County Flood Ordinance in the followina particulars: Obtain parmi ts and rmaoVw encroach- -.nts (ver if ied by tape). Seconded by Mr. Constantine. Carried 6/0. MOTION: Made by Mr. Strain that Conclusions of Law are that Frances Dixon is in violation of Sections 7.11 b4 and 10.2 of Ordinance 82-2, the Collier County Zonina Ordinance and Section 11 of Ordinance 87-80, of the Collier County Flood Ordinance. Order of the Board: Based upon the foreaoina Findinas-of-Fact and Conclusions of Law and pur- suant to the authority granted in Chapter 162, Plorida Statutes, and Collier County Ordinance No. 88-89, it is hereby Ordered that the Respondent correct the violations of the previous sections in the followina lUUUler: Re.ove encroaclments and pull the permit as required, as outlined in the Findinas-of-Fact, and that said corrections be cOllDleted on or before May 1, 1991. If Respondent does not cOllDly with this Order, she is Ordered to pay a fine of $250 per day for each and every day any violation described herein continues past said date. Failure to cOllDlv with the Order within the specified tiae will result in the recordation of a Page 18 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO: RESPONDBlfT : MARCH 28, 1991 lien pursuant to Chapter 162, Florida Statutes, which may be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 28th day of March, 1991, at Collier County, Florida. Seconded by Mr. Andrews. Carried 6/0. *** CEB #91-010, Board of County Commissioners vs Robert 30lelyn N. DeLestang and Bonnie 3ean DeLestang Robert Jolelyn N. DeLestang and Bonnie Jean DeLestang LOCATION OF VIOLATION: 1281 Bellaire Court, Florida more particularly _ described as Lot 61 Gulf Harbor VIOLATION: COMMElITS : Sections 11 of Ordinance No. 87-80, the Collier County Flood Ordinance and 7.12c7 and 102 of Ordinance No. 82-2, the Collier County Zoning Ordinance Mr. Smith advised that the recorder and the Board have been provided with a copy of Composite Exhibit "A" and requested admitting same into evidence relative to Code Enforcement Board Case #91-010, Robert Jolelyn N. DeLestang and Bonnie Jean DeLestang, Respondents, noting that Mr. DeLestang is present. It was the consensus to accept Composite Exhibit "A" into the record as evidence. Mr. Smith asked Mr. DeLestang if he is willing to stipulate to the violations of Section 11 of Ordinance 87-80 and 7.12c7 and 102 of Ordinance 82-2. Mr. Robert DeLestang stated that he is willing to stipulate the violations as mentioned by Mr. Smith. He acknowledged that he is the owner of record of the property located at 1281 Bellaire Court. Mr. Smith recommended 60 days for compliance, and at the end of that time, if Mr. DeLestang does not comply, a fine in the amount of $250 per day will be imposed for each and every day thereafter. Mr. DeLestang concurred with Mr. Smith's recommen- dation. Page 19 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTIOB: CASE BO: MARCH 28, 1991 Mr. Clark suggested that a fine of $150 be imposed rather than $250 in order to be consistent with possible appeals. Made by Mr. Constantine that the Findinas-of-Fact, that Robert Jolelvn N. DeLestana and Bonnie Jean DeLestana are the owners of record of the subject property. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that Mr. DeLestana was present at the public hearina. All notices required by Collier County Ordinance No. 88-89 have been properly issued. That the real property legally described as Lot 61 Gulf Harbor is in violation of Sections 11 of Ordinance 87-80 and 7.12c7 and 10.2 of Ordinance 82-2 in the followina particulars: Enclose struc- ture without permits and below flood plain. Seconded by Mr. Andrews. Carried 6/0. Made by Mr. Constantine that Conclusions of Law are that Mr. and Mrs. Robert DeLestana are in violation of Sections 11 of Ordinance 87-80 and 7.12c7 and 10.2 of Ordinance 82-2. Order of the Board: Based upon the foregoina Findinas-of-Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance 88-89, it is hereby Ordered that the Respondents correct the violations ~tioned in the Conclusions of Law in the appropriate manner by obtaining proper permits to allow the structure to remain as is, or remove same. Said corrections are to be completed on or before the 1st day of June, 1991, and if Respondents do not comply with this Order, they are to pay a fine of $150 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 Respondent's property sold to enforce the lien. Done and Ordered this 28th day of March, 1991. Seconded by Mr. Strain. Carried 6/0. Mr. Lazarus suggested that Mr. DeLestang notify Compliances Services when his violation ceases. *** CEB #91-011, Board of County Commissioners VB Flores Trailer Park Page 20 CODE ENFORCEMENT BOARD OF COLLIER COUNTY VIOLATION: COMMENTS: MO'!'IOII: MARCH 28, 1991 Sections 5, 6 and 7 of Ordinance No. 88-45, the Collier County Litter Ordinance and 8.8A of Ordinance No. 82-2, the Collier County Zoning Ordinance. Mr. Smith affirmed that the recorder and the Board have been presented with a copy of Composite Exhibit "A" and requested that the Board accept same into the record as evidence. He reminded the Board that Mr. Flores was present at the public hearing earlier in the day and he agreed to stipu- late to the subject violations and requested 30 days for compliance. Mr. Smith recommended that Mr. Flores be granted 30 days to bring his property into compliance and at the end of this time if his property does not con- form with Ordinance 82-2 and Ordinance 88-45, that a fine of $150 per day be imposed. It was the consensus to accept Composite Exhibit "A" into the record as evidence. Made by Mr. Strain that the Findinas-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB #91-011 are that this cause came on for public hearina before the Board on March 28, 1991L and the Board havina heard testimony under oath, received evidence, and heard arawaen"ts respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of "the Board as follows: that Arturo Flores is the owner of record of the subject property. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that Arturo Flores was not present at the public hearina. All notices required by Collier County Ordinance No. 88-89 have been properly issued. That the real property legally described as from the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 36, Township 46 South, Range 28 East, run North 89. 27' 30" East along the South Line of said partial section 309.2 feet to the West line of a 60 foot road; thence North O. 43' W. 331.7 feet to the center line of a 60 foot roadway; then South 89. 12' W. alona the center line of the last mentioned roadway for 309.5 feet; then South O. 41' East 330.58 feet to the point of beainnina. Reservina an easement for roadway purposes over and across Page 21 CODE ElD'ORCEMENT BOARD OF COLLIER COUNTY MO'l'IOR: I'l'EM : COIIIJIIth TS : MARCH 28, 1991 the North 30 feet thereof. Subject to easements, restrictions and reservations of record, as well as to taxes for the current year, and any portion of the special asseSSJDeDt lien imPOsed by the Iaaokalee Water and Sewer District coa1na due in the year 1990 and subsequent years, pursuant to the statement of violation and request for hearina in Composite Exhibit nAn, is in violation of Sections 5, 6 and 7 of Ordinance 88-.5 and 8.8A of Ordinance 82-2 in the followina particulars: illegal parking and storina of vehicles and illegal accumulation of litter, trash and debris. Seconded by Mr. Andrews. Carried 6/0. Made by Mr. Strain that Conclusions of Law are that Arturo Flores is in violation of Sections 5, 6 and 7 of Ordinance 88-89 and 8.8A of Ordinance 82-2. Based upon the foreaoina Findinas-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 violation of the previous sections in the following ~er: Re.ov~ illegal vehicles, litter, trash and debris as outlined in the Findinas-of-Fact and that said corrections are to be completed on or before the 28th day of April, 1991; if Respondent does not ccmply with this Order on or before that date, then and in that event Respondent is hereby ordered to pay a fine of $150 per day for each and every day__ any violation described herein contiDaes past this date. Failure to comply with the Order within the. specified ti_ will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes, which -V be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 28th day of March, 1991, at Collier County, Florida. Seconded by Mr. Constantine. Carried 6/0. *** Old Business Mr. Clark called attention to a hand out, Circuit Court ruling by Judge Blackwell. He advised that this ruling confirms the opinions of Assistant County Attorneys Manalich and Wilson with regard to a previous case, in that an agreement of deed does Page 22 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MARCH 28, 1991 not convey property and the owner of record does have liability before this Board. Assistant County Attorney Manalich affirmed that the court did embrace and approve of the Boardls decision in this matter. He indicated that he has just been informed that this case is being appealed by the Ayalals to the Second District Court of Appeals. He noted that Assistant County Attorney Yovanovich deserves a great deal of credit for his preparation of this case. Mr. Lazarus expressed the Board's gratitude for the legal opinion and the work that has been done with respect to this case. *** ITEM: Workshop The Board held a workshop at the conclusion of the meeting. *** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Monte Lazarus, Chairman Page 23