CEB Minutes 02/28/1991
1991
Code
Enforcement
Board
Minutes
February 28, 1991
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
DATE:
February 28, 1991
TIME:
9:00 A.M.
PLACE:
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
CEB
ANDREWS X
* CONSTANTINE X
** LAZARUS X
PEDONE X
STRAIN X
WILLIAMS EXC
VARIE X
STAFF PRESENT
CLARK
SMITH
WILSON
x
..
.,
x
* Arrived at 9:10 A.M.
** Arrived at 9:20 A.M.
MINUTES BY: Ellie Hoffman, Deputy Clerk
,
CALLED TO ORDER AT:
9:00 A.M.
ADJOURNED: 9:45 A.M.
PRESIDING: Timothy Constantine
ADDENDA TO THE AGENDA: None
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
A~EHQA
Date: February 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
4. PUBLIC HEARINGS
A. Board of County COmmissioners vs Lucille Fayard,
CEB #91-05.
5. OLD BUSINESS
e
Board of County Commissioners vs. Sunrise Bay Resort. Order
Imposing Fines and Leins. CEB 90-004
Board of County Commissioners vs Imperial Wilderness Inc..
Order Imposing Fines and Leins. CEB 90-024
6. NEW BUSINESS
NIA
7. REPORTS
NIA
8.
NEXT MEETING DATE
March 28, 1991
9. ADJOURN
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
FEBRUARY 28, 1991
***
CASE NO:
CEB #91-005, Board of County Commissioners vs
Lucille Fayard
RESPONDENT:
Lucille E. Fayard
LOCATION
OF VIOLATION: Naples Villas Block A, Lots 4, 5, 6, 7, 8, 10 and
11, Section 1 Twp 50 Range 35
VIOLATION:
Sections 7.12b4 and 7.23b4 of Ordinance No. 82-2,
the Collier County Zoning Ordinance and Sections 5,
6, 7, and 8 of Ordinance 88-45 of the Collier
County Litter Ordinance
COMMENTS:
Code Enforcement Supervisor Clark advised that the
respondent is present. He requested that Composite
Exhibit "A" be admitted into evidence relative to
Code Enforcement Board Case #91-005, and noted that
the violation is in compliance.
,
It was the consensus to accept Composite Exhibit
"A" into the record as evidence.
After being sworn in by Code Compliance Coordinator
Smith, Mr. Al Fayard, stated that he is repre-
senting Lucille Fayard. He affirmed that the
violations as referenced in Composite Exhibit "A"
did exist and they have now been corrected.
*** Mr. Constantine arrived at this time ***
Mr. Smith advised that the property is now in
compliance and noted that Compliances Services ~s
recommending that from this date forward should the
violations re-occur, that a fine of $100 per ctay be
imposed.
MOTION:
Made by Mr. Pedon~ that ~he_Findings-of-Fac~
Conclusions of Law and Order .-2-~_ the Bo~_~d i.:g~~~e
No. CEB #91-005 are that this cause came on for
public hearing before the Board-on~bruar~.~~~~
1991, and the Board having heard testimony under
oath, received evidence, and heard argum~nts
respective to all appropriate matters, there_~o~
issues its Findings of Fact, Conclusions of Law and
Qrq~~__Qj the Board as follows: that L~~_~!)e- Fayard
is the owner of re~ord of the subject~_QP_~~ty.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
CASE NO:
RESPONDENT:
FEBRUARY 28, 1991
That the Code Enforcement Board has jurisdiction
of the person of the Respondent and that Al D.
Fayard was 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 Naples Villas Block
A, Lots 4, 5, 6, 7, 8, 10 and 11 Section 1 Twp 50
Range 25 is in violation of Sections 7.12b4 and
7.23b4 of Ordinance 82-2 of the Collier County
ZoninQ Ordinance and Sections 5, 6, 7 and 8 of
88-45 of the Collier County Litter Ordinance.
Seconded by Mr. Andrews. Carried 5/0.
Made by Mr. Pedone that Conclusions of Law are that
Lucille Fayard is in violation of Sections 7.12b4
and 7.23b4 of Ordinance 82-2, the Collier County
Zoning Ordinance and Sections 5, 6, 7 and 8 of
Ordinance 88-45, the Collier County Litter
Ordinance. Order of the Board: Based upon the
foregoing FindinQs 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 manner: Cleaning the area and
keeping it clean and that said corrections are
completed at this time and shall remain so; if
Respondent does not comply with this Order, he is
Ordered to pay a fine of $100 per day for each and
every day any violation described herein continues
past this date. Failure to comply with the Order
within the specified time will result in the recor-
dation 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 February, 1991, at Collier
County, Florida. Seconded by Mr. Andrews. Carried
5/0.
***
CEB #90-004, Board of County Commissioners vs
Sunrise Bay Resort. Order Imposing Fines and
Liens.
Sunrise Bay Resort and Club Condominium
Association, Inc.
LOCATION
OF VIOLATION: Lots 1 and 2, Block 17, Amended Plat of Collier
Page 3
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
FEBRUARY 28, 1991
VIOLATION:
COMMENTS:
City, according to Plat in Plat Book 1, Page 58,
Public Records of Collier County, Florida.
Sections 7.24b.4 and 8.23 of Ordinance No. 82-2,
the Collier County Zoning Ordinance
Mr. Smith stated that the Board and the recorder
have been provided with a copy of Composite Exhibit
"A", Code Enforcement Board Case #91-004, and
requested admitting same into evidence.
It was the consensus to accept Composite Exhibit
"A" into the record as evidence.
Attorney David Leigh, representing Sunrise Bay
Resort stated that he has not seen the Affidavit of
Non-Compliance until today. Mr. Smith replied that
the Affidavit of Non-Compliance and the Findings of
Fact were sent to Mr. Leigh via certified mail and
return receipt was signed by C. Byer on 6-14-90.
Mr. Smith advised that as documented in Composite
Exhibit "A", Compliance Services made inspections
of the subject property on May 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29, 30, 31, 1990. He noted that at that time the
property was not in compliance. He indicated that
on May 10, 1990, the Board ordered that the pro-
perty be brought into compliance by providing 30
parking spaces. He reported that the 30 parking
spaces were not provided until June 1, 1990. He
affirmed that Staff stands by the original order of
the Board that a fine of $200 per day be imposed if
compliance was not met by May 10, 1990. He indi-
cated that there are 21 days of violation at $200
per day.
Attorney Leigh stated that the pavers completed
this project on May 23, 1990, dnd all the parking
spaces were in place. He declared that if Mr.
Smith is referring to the dumpster, it is inac-
curate to say that the parking spaces were not pro-
vided.
Mr. Clark indicated that Mr. Leigh's statemRnt
indicates that there were 13 days of non-compliance
as opposed to the 21 days. He noted that
Compliance Services does not object to the fine
being imposed for 13 days of non-compliance.
Page 4
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
FEBRUARY 28, 1991
Mr. Leigh explained that the dumpster may have been
temporarily located in one of the parking spaces
since things were being shifted around, but as of
May 23, 1990, there were 30 parking spaces.
Attorney Leigh reported that this project has
experienced several developers going bankrupt along
the way and the owners of the resort were subjected
to many difficult situations. He pointed out that
Debbie Daniels became involved in this procedure as
of November 21, 1990, noting that the prior develo-
pers blocked off the parking spaces.
Mr. Leigh stated that on November 30, 1989, he and
Ms. Daniels met with Staff and determined that
compliance measures needed to be taken. He indi-
cated that a visit was made on that same date to
the office of McAnley and Associates and requested
that they proceed full speed in order to bring the
project into compliance. He related that for
reasons unknown to him, an enforcement notice was
received on January 14, 1990.
~
Attorney Leigh disclosed that he appeared at the
January 24, 1990 Code Enforcement Board hearing and
requested 120 days to meet full compliance but the
Board granted a time limit of 105 days. He
remarked that the engineers were working as
quickly as possible and there was nothing more that
the resort could do. He reported that on March 14,
1990, the engineers submitted the application which
was approved on May 1st and bids could not be
received for the project until approval by the
County. He indicated that work commenced on May
16th and was completed on May 23, 1990. He
related that he believes that it is inappropriate
to impose a fine and requested waiver of same.
Mr. Clark replied that staff is pleased to learn
that the current management of the establishment is
responsible but noted that the fact remains that
the violation existed for quite some time prior to
being brought before this Board. He affirmed that
staff stands by the recommendation of 13 days at
$200 per day, to be paid within 10 days.
(
In answer to Mr. Strain, Attorney Leigh explained
that the engineers were unable to operate in a
speedier manner since this took place during the
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
COMMENTS:
CASE NO:
FEBRUARY 28, 1991
middle of the season. He reported that no resub-
mittals were required noting that an acknowlege-
ment letter was received from the County on March
19th, preliminary approval was received on March 28
and final approval was received on May 1.
Mr. Clark stated that there would have been no
violation if the resort had not constructed in the
parking areas without a permit.
Attorney Leigh stated that the current owner
inherited this situation.
***
Mr. Lazarus arrived at this time
***
Mr. Constantine questioned whether the purchaser of
a property assumes the responsibility for any pre-
existing conditions on that property, to which
Assistant County Attorney Wilson replied in the
affirmative.
Mr. Strain questioned the cost of the corrective
work for which the new owner assumed responsibility
Attorney Leigh stated that the cost to correct
these violations is $8,000.
Assistant County Attorney Wilson stated that the
purpose of the Affidavit of Non-Compliance is to
provide information to the Board. She advised that
the Board may review the reduction of the fine at
this time.
Made by Mr. Andrews to impose a fine for 13 days of
non-compliance at $200 per day. Seconded by Mr.
Pedone.
Mr. Strain stated that the new owner has had to
assume the responsibility for $8,000 in hard costs,
plus attorneys fee and believes that this is ample
punishment. He reported that he feels that the
fine should be waived.
Upon call for the question, the motion carried 5/1
(Mr. Strain opposed).
***
CEB 90-024, Board of County Commissioners vs
Imperial Wilderness, Inc. Order Imposing Fines and
Liens.
Page 6
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
FEBRUARY 28, 1991
RESPONDENTS:
LOCATION OF
VIOLATION:
VIOLATION:
COMMENTS:
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Robert McCarthy, Vice President, Imperial
Wilderness, Inc.
That portion of the Northwest Quarter of the
Southwest Quarter lying South of U.S. Highway #41,
(Tamiami Trail) and that portion of the Southwest
Quarter of the Northwest Quarter, lying South of
U.S. Highway #41, Section 12, Township 51 South,
Range 26 East, Collier County, Florida.
Section 7.19b4 of Ordinance No. 82-2, the Collier
County Zoning Ordinance.
Compliance Services Enforcement Coordinator Smith
advised of the presence of Mr. Conley, representing
Robert McCarthy. He noted that Mr. Conley will
stipulate that the violation of 13 vehicles did
exist on June 21, 1990; 13 vehicles existed on June
28, 1990; two vehicles existed on June 29, 1990;
two vehicles existed on June 30, 1990; one vehicle
existed on July 1, 1990; one vehicle existed on
July 2, 1990; and one vehicle existed on July 3,
1990.
Mr. Smith reminded the Board that on April 2&,
1990, an Order was issued to remove all the
vehicles from the property on or before June 26,
1990, and if they were not removed by that date, a
fine of $100 per day per vehicle was to be imposed.
He reported that as of June 27, 1990, the 13
vehicles remaining on the property would calculate
to a fine of $1,300 per day, and by July 3, 1990,
the total fine was $3,300.
Mr. Smi th advised that r-1r. Con ley has s tlpula ted to
paying a fine in the amount of $1.000 and noted
that Compliance Services Staff has no objection
with that recommendation.
Attorney Dan Conley stated that Imperial Wilderness
Inc. is the developer. He affi::'med th2t vehicll:-'s,
boats and trailers, owned by the unit owners of
Imperial Wilderness, were stor~d on that property
in excess of 4 years. He reported that one of the
owners, residing near the storage Rrea, complainpd
to the Zoning Department and cited that this arPd
was not zoned for that use.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
COMMENTS:
MOTION:
ITEM:
COMMENTS:
FEBRUARY 28, 1991
Mr. Conley explained that he met with the staff
from Compliance Services and argued that this area
has been used for storage and a wastewater treat-
ment plant since the conception of the project but
unfortunately staff did not concur. He indicated
that at this time, the developer began to contact
the owners to remove their boats, vehicles, etc.
from this area. He noted that during this time,
the developer waived the rental fees that he had
been collecting since it had been determined that
this was not a legal use. He reported that it took
some time to bring the property into compliance and
believes that a fine of $1,000 is more than suf-
ficient in getting the attention of the land owner.
Mr. Andrews remarked that he feels that reducing
the fine from $3,300 to $1,000 will be setting a
precedence which may encourage others to take their
time in bringing their properties into compliance.
Made by Mr. Andrews that a fine of $3,300 be
imposed with respect to the violations relative to
Case #90-024. Seconded by Mr. Pedone.
Mr. Strain stated that compliance is the objective
and Staff and the Respondent have agreed to the
$1,000 fine.
Mr. Lazarus disclosed that he concurs with Mr.
Strain.
Mr. Andrews withdrew his motion. Mr. Pedone
withdrew his second.
Made by Mr. Lazarus to accept the recommendation
of imposing a fine in the amount of $1,000 to be
paid within ten days. Seconded by Mr. Strain.
Carried 6/0.
***
Welcome to Mr. Nick Varie
Mr. Clark welcomed new board member, Nick Varie.
***
There being no further business, the meeting was adjourned by
Order of the Chair.
Page 8
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
FEBRUARY 28, 1991
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
Timothy Constantine, Chairman
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Page 9
CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
AMENDED
AMENDED
AMENDED
AMENDED
AMENDED
AMENDED
A ~ .!;; N Q A
Date: January 24, 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 October 25, 1990
November 29, 1990
4. PUBLIC HEARINGS
A. Board of County Commissioners vs Marcelo Carrau,
CEB #91-001.
B. Board of County Commissioners vs Garfield H. Ricketts
CEB #91-002.
C. Board of County Commissioners vs Wayne Thibodeau and
Lisa Ann Thibodeau CEB #91-003.
D. Board of County commissioners vs Anthony Varano CEB
#91-004
E. Board of County Commissioners vs Sunrise Bay Resort
and Club Condominium Assoc. Inc. "Order Imposing Fines
and Liens" CEB #90-004
F. Board of County Commissoners vs James Blattenberger
"Order Imposing Fines and Liens" CEB 90-011..
G. Board of County Commissioners vs Imperial Wilderness,
Inc. "Order Imposing Fines and Liens" CEB 90-024
H. Board of County Commissioners vs Fortino Garcia and
Lionel Garcia Jr., "Order Imposing Fines and Liens"
CEB 90-039
I. Board of County Commissioners vs Larry Parks "Order
Imposing Fines and Liens" CEB 90-049
..
5. . OLD BUSINESS
Request for fine reduction Board of County Commissioners vs
Robert Mccarthy, Trustee Imperial Wilderness Inc. 90,025
6. NEW BUSINESS
N/A
7 . REPORTS
N/A
8.
NEXT MEETING DATE
February 28, 1991
9 . ADJOURN