CEB Minutes 01/24/1991
1991
Code
Enforcement
Board
Minutes
January 24, 1991
(
f
(
-.,
,
DATE:
TIME:
PLACE:
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
January 24, 1991
9:00 A.M.
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
CEB
ANDREWS
CONSTANTINE
LAMOUREUX
LAZARUS
PEDONE
STRAIN
t'iI LL I AMS
STAFF PRESENT
x
X
X
ABS
X
ABS
X
CLARK
VALCARCEL
BOYCE
WILSON
LAUBACH
x
X
"
/\
--,-----
x
"
,,\.
MINUTES BY: Annette Guevin, Deputy Clerk
CALLED TO ORDER AT:
9:00 A.M.
ADJOURNED: 10:50 A.M.
(Into Workshop Session)
PRESJ~IN~: Timothy Constantine
ADDENDA TO THE AGENDA: None
Page 1
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
r
r
l
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
.J ANU ARY ':2 4, 1 <) 91
ITEM:
MOTION:
ITEM:
MOTION:
CASE NQ:
RESPONDENT:
***
Minutes of October 25, 1990
Made by Mr. Williams to ~pprove the minutes of
October 25, 1990, as pres~nted. Seconded by
Mr. Pedone. Carried unanimously.
***
Minutes of November 29, 1990
Made by Mr. Pedone to ~~ove the minutes of
November 29, 1990, as presented. Seconded by
Mr. Williams. Carried unanimously.
***
CEB #91-001, Board of County Commissioners vs
Marcelo Carrau
Mr. Marcelo Carrau
LOCATION
OF_VIOLATION: 730 20th St. S.E. FlorIda, more particularly
described as N75' of S150' Tract 86 Golden Gate
Estates Unit 51
VIOLATION:
CO~~!iJ.~_~ :
Sections 7.10b.4) and 10.2 of Ordinance No. 82-2,
the Collier County Zoning Ordinance
Compliance Services Enforcement Coordinator Maria
Valcarcel stated the Board and the recorder have
been provided Composite Exhibit "A", and requested
that this be admitted into evidence relative to
Code Enforcement Board Case #91-001, wIth Marcelo
Carrau as Respondent.
It was the consensus to ~ccept Composite Exhihit
"A" into the record as evjdenc,~.
Attorney John Austin indicatpd he 1s reprpsenting
Marcelo Carrau in this case, and ~cknowl~dged
having received ;:i copy of ,-])p Ezh:i1Jl-:-. HE~ nott-~d
:3ome of the cJ.alms have Lpen lilit5g,'tted by nbt.:'tln;'llj
a permit for the fence and removing some of the
trailers from the location, howevPI'. storage sheds
remain on the property to vlhj ch the Respondent
admits guilt.
Page ?
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
Dick Clark, Code Enforcement Supervisor, agreed
that some of the violations have been complied
with.
Ms. Valcarcel explained that the violations include
placing storage sheds and occupying a travel
trailer on the subject property without a principle
use. She noted the Respondent is the Owner of
Record of 730 20th St. S.E. She added that the
evidence will show the Respondent has been
repeatedly advised of the violations and the proper
notice has been served.
Mr. Austin stipulated to all the above with the
exception of the portion of the claim relative to
occupying a travel trailer on the property, because
the Respondent is no longer living on the property.
He said the trailer has been removed, leaving three
structures for which permits will be applied for
prior to February 24, 199].
f
Since the attorney for the Respondent stlpuJ.dted to
the charges with the exception of occupying the
trailer on the property, i-ls. Valc:arcel :t'equested
the Board make a Findings-af-Fact that the
Respondent is guil ty of the charges brought befol:'e
this Board. She said if such r~ling is made, Staff
is recommending that a period of 14 days he given
to the Respondent to obtain the necessary building
permi ts for a principle :3t~:,ucture to be ccnstructecl
on a lot which is adjacent to the subject lot; that
the Respondent be required to obtain building per-
mits for the existing accessory structures by
February 24, 1991; and that the Board require the
Respondent to have obtained a Certificate af
Occupancy for the principle strnc ture t'y;u0U~.:>t 7,
1991. She added Staff also recommends that ~ fine
of $150 per day be imposed for each r)F ~j"" ~;Llpi;-
lated violations if the Clbovp. st.tpulations are not
complied with.
Mr. Austin suggested revising the language to
require the Respondent to obtain permits ~or the
existing accessory strnctill'eS en' remove those
structures by February 24, lso1.
M()_T_!9~ :
Made by Mr. Andre'!.~ thatthe___f_i!l..QJ.:n~~-of-:-FClC;:~_L
Conc 1 us i oIl_~_<?.LJ~~.!'L~llCL~:r.Q..~!'__o.Lt.l}~~-9Clrd--..in CCise
No. CEB #91-00L_~!:~_thClt__th.!_~__~~u_se ~~~~_.c>.!l_.-fQr:::--
(
Page 3
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTX_____
JANUARY 24, 1991
,
public hearing before the Board on January 24,
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 Marcelo M.
Carrau is the owner of record of the subject pro-
perty. That the Code Enforcement Board has juris-
diction of the person of the Respondent and that
John Austin, Attorn~~~~p~~sent at the public
hearing. All notices required by Collier Count~
Ordinance No. 88-89 have been properly issued.
That the real property le~lly described as the
North 75 feet of the South 150 feet of Tract 86,
Golden Gate Estates, Unit No. 51, according to the
map or plat thereof reco~ged tn Plat Book 5, page
84 of the public records of Collier County, Florida
is in violation of Section(s) 7.10b.4) and 10.2 of
Ordinance No. 82-2, in the following particulars:
Living in a travel traile~pn real property not
properly zoned for that use. Allowi_ng three struc-
tures on the property without permit~ and without
two principle structures. Seconded by Mr. Pedone.
Carried unanimously.
MOTION:
Made by Mr. Andrews that the Con~_l!ls!ons_p~J.a~ are
that Marcelo M. Carrau is in violatio~~~
Section(s) 7.10b.4) and 10.2 of Cplli~~ County
Ordinance No. 82-2, the Collier County Zoning
Ordinance; Based upon the for~going Findings of
Fact and Conclusions of Law, an~~rsuant to the
authority granted in Chapter 162, Flo~ida Statutes~
~nd Collier County Or~~~~~~~_~o. 88-89, it is
hereby ordered that the Respondent correct the
violation of Section(s) 7 .10b. 04~_c;t.J._9~.~.l Collie~
County Ordinance No. _82=-~_-in_~~_tol19wi~~~~
Remove structures or obtain building permJts-End
obtain a cert i f ic~te o(-Q.~cuP_~!!~..Y__.:L:t.E9_::t__!:.~J!lQY~~
That remov.al-9L th_~_f?_'t!:.~S:!ll_~e~_ or b}11,.J9.-!n.,gP.E:!rl.!!.! t~.
be obtained on or befC?!:..e t~-~~.!J:Lg~t__feb_ru,~!:.YL
1991, and a cer~i~i~a~_~_Q_Loccu~ncy be oQ't~-!.I}~g___Q_1'!
or before the 7!h__<!~_y._Q_f AugUSh_1991_L_~!!9_if
Respondent does not compJ:.L!'!.! tl;L...the O!"s!~'!:_.QIl.J?;:
before each !"~~~f.'!j..Y~-.9~t~L__theIl_ and in_j;h~J:.
event Respondent is here~ordered tOJ~_~...J i!l_~_()!'
$150.00 per day f..Q~~~~~and every day'_~!!y__yi9J~=
tion described ~_~E!1!!..._c().ntinues past said 4_~_t~_~_
Failure to com'plL~~_:tI:LJ:he Order wi thi~_-.!h_e s.p.~=
cified time wj_.u._~ul t _i~!.!:1~_re_c9-!"_g.atio~___QL~
(
Page 4
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
CASE NO:
COMMENTS:
lien pursuant to Chapter 162, Florida Statutes,
which may be foreclosed, and Respondent's property
sold to enforce the lien. Done and Ordered this
24th day of January, 1991, at Collier County,
Florida. Seconded by Mr. Williams. Carried unani-
mously.
***
CEB #91-002, Board of County Commissioners vs
Garfield H. Ricketts
Ms. Valcarcel noted that this case has been
dismissed, as the violation has been removed.
***
CASE NO: CEB #91-003, Board of County Commissioners vs Wayne
Thibodeau and Lisa Ann Thibodeau
RESPONDENTS: Wayne Thibodeau and Lisa Ann Thibodeau
,
LOCATION OF
VIOLATION:
VIOLATION:
COMME1!1'S:
(
The West 105 feet of the West 180 feet of Tract 33,
Golden Gate Estates, Unit No. 43, 2ccording to the
plat thereof as recorded in Plat Dook 7, Page 28 of
the Public Records of Collier County, Florida
Section(s) 5, 6, 7 and 8 of Ordinance No. 88-45,
the Collier County Litter Ordinance and Violation
of Section 7.10b.4) of Ordinance ~n. 82-2, Collier
County Zoning Ordinance
Ms. Valcarcel reported the Board and the recorder
have been provided Composite Exbib:it "~;", ,c:cnc
requested this be admitted into evidence.
It was noted that the Respondell::: "'.26 'lOt [;ces",:!"! \:..
It was the consensus of the Board to acc~pt
Composite Exhibit ",7),." ~.nto t>t" T'PCC{'cJ ,~~~; 2\7j,l,?(j(-,
Ms. Valcarcel cont..imlf~d -:.-hCit "11f':~;("sp()nc](;:nt i~,~
charged with allowing :.1 J ega.l ,-?n(~'ln,:ilt';-H) t':i z,:o:d
accumulation of Jitter, trash ~nd ~ehrjs and
allowing illegal structurp":>t::'1 ,,:,><:j:.:;t .-'1.:3 :~tnC,'1I'I?
sheds on the subject property. She advised t~e
Respondent is the O~"ne:c' ,)f Fe(,G)~c1 uf t;1e r;ropPt.~y
located at 4?21 70th Avenue N.R., Rt. ~, Naples,
Florida. She said the evidence will show ~hat the
Page .')
,
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY ?4, 1991
Respondent has been repeatedly requested since
August 2, 1990, to correct the violations and
proper notice has been served as required by County
Ordinance.
After being sworn in by Ms. Valcarcel, Jack
Laubach, Code Compliance Investigator, reported
notifying the Respondent on numerous occasions of
the violations, adding that Mr. Thibodeau has
signed Notice of Violation stipulations. He men-
tioned that he first became involved with this case
on July 24, 1990. He said extensions have been
granted to correct the problems, which as of
January 23, 1991, has not been done. He advised
that several unlicensed and partially dismantled
vehicles are on the property, as well as an accumu-
lation of trash, litter; tires, parts of automobi-
les, and a partially dismantled mobile home. He
said the Respondent has made no effort to remove
the violations.
I
Mr. Constantine questioned what are the regulations
in Golden Gate Estates /'e:iat ~ve to junk vehicles if
there is a nominal value? Mr. Clark responded the
Ordinance states if there is nothing other than
nominal value, it is a violation for such vehicles
to be stored on property, unles~ they are properJy
licensed or have some value and are stored in the
rear.
Mr. Laubach provided photographs taken on January
23rd showing the trash and junk vehicles on the
property. He asked that they be admitted into evi-
dence as Exhibit "B".
It was the consensus to ;'1dmi t th(:~ photographs into
evidence as Exhibit "B".
Mr. Valcarcel recommended thL~ 30(~l~d :cequi:ce the
Respondent to remove the violations prior to
February 8, 1991, and should he fail to comply
with this Boardrs o~'cler; (rV,l: ...;. ;:'ne .J~ $150 ~)er'
day for each violation hp imposed,
~-Q.,!, J:_Ql~: :
Made by Mr. Lamoureu~ that the Fi~Jng~~9K-~~~1L
Conclusions of ~aw ~~g Order of the Board in Case
#91-003 ar~--.:t!1at~is cause c~~_~~Cii}--ior-1iiibIr~ n__
hear ing bE~Jore the Boarq_.9-!!__Ja~~r.Y~---1.~~J/_ and
tll~~o~rd hav in~h~.C:l!".<:Lj::-~S!.!1JJ1Q.Ily'_}1.!!ci.~.1:.--.P3;tt~- --
(
Page 6
,
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
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 Wayne Thibodeau and
Lisa Ann Thibodeau are the owners of record of the
subject property. That the Code Enforcement Board
has jurisdiction of the persons of the Respondents
and that Respondents 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 the
West 105 feet of the West 180 feet of Tract 33,
Golden Gate Estates, Unit No. 43, according the
Plat thereof as recorded in Plat Book 7 at page 28
of the public records of Collier County, Florida is
in violation of Section(s) 5, 6, 7, and 8 of
Ordinance No. 88-45 and7.10b.4) of Ordinance No.
82-2, in the following particulars: Illegal and
unauthorized accumulat~on of litter, trash and
debris; and allowing illegal structures to exist.
Seconded by Mr. Pedone. Carried unanimously.
,
MOTION:
Made by Mr. Lamoureux that ~he Conclusions of Law
are that Wayne Thibodeau and Lisa Ann Thibodeau are
in violation of Section's) 5, 6, 7, and 8 of
Collier County Ordinance No. 88-45, the Collier
County Litter Ordinance and Section(s) 7.10b.4} of
Collier County Ordinance No. 82-~~e Co~lier
County Zoning Ordinance; Based upon t~e foregoing
Findings of Fact and Conclusions of Law, and pur-
suant to the authority granted in Cha~ter 162,
Florida Statutes, and Collier County Ordinance No.
88-89, it is hereby ordered that the Respondents
correct the violation of Section(s) 5, 6L-l, and 8,
Collier County Ordinance No. 88-45 and Section~~
7.10b.4}, Collier County Ordinance No. 82-2 in the
following manner: Remove all litter, t~ash and---
debris from property and remove all ille~_~truc-
tures from property as outlined in Paragraph 4.A~_
of the above Findings of Fact. That said
correction (s) be complete-~_Qi1___~~~fo~~e th_~ 8th ~C!Y
of February, 1991, and if Res.p..ondent does not
comply with this Or::der on or b.~_tore__th-~i-da!_~_!h~!}
and in that event Respondent is hereb~ordered to
pay a fine of $150.0-6 per--9.C!Y_ -f.Qr-each. a~_d..--~ve:r.Y-
day any violation desc:rib~(:Lh~r~i:r::t~9Jltin1;l.e_~_.J2.~~!
said date. Failure to compl~ with the Order within
!!:1~_f!P~_cit!ed.__time will_re_~~l t__~n th~_.!"_~~Q!"datio-i:i'--
of alien pursuant to CI:!~.P.t~..!"..__1_6_?~.'!.Q.!".i.gCl. ---.-- --.
(
Page 7
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANqA~Y ~.!_L19~J._
Statutes, which may be foreclosed, and Respondents'
property sold to enforce the lien. Done and
Ordered this 24th day of January, 1991, at Collier
County, Florida. Seconded by Mr. Williams.
Carried unanimously.
***
CASE NO:
CEB #91-004, Board of County Commissioners vs
Anthony Varano
COMMENTS:
Mr. Clark noted that Mr. Varano is now in
compliance, therefore, this case has been
dismissed.
***
CASE NO:
CEB #90-024, Board of County Commissioners vs
Imperial Wilderness, Inc., "Order Imposing Fines
and Liens", and CEB #90-025, Board of County
Commissioners vs Robert McCarthy, Trustee for
Imperial Wilderness, Inc., Request for Fine
Reduction
,
RESPO~~~: Robert J. McCarthy, Trustee, Imperial Wilderness,
Inc.
I
COMMENTS: Attorney Daniel Conley, representing Robert
McCarthy and Imperial Wilderness, Inc., briefly
summarized the background of this case. He
reported Imperial Wilderness is the developer of d
RV Park which has reached an agreement with its
residents and the Board of County Commissioners to
remove its existing sewage treatment plant from the
property. He said Mr. McCarthy owns an l1-acre
parcel adjacent to the development, and he moved
the plant to that location with the intention of
operating the plant on that land and also to store
RV vehicles. He subsequently discovered that Staff
would be against rezoning that parcel because,
being under 20 acres, it could not qualify for
being a separate RV park; therefore, storage would
not be allowed. He stated this resU,l ted .:.n d
violation, because the treatment plant was not
being used as a plant and was, in f2Ct, storage.
From that point, he said, the fines hegan to accu-
mulate. He advised that his client is requesting a
reduction in those fines because of the difficulty
in removing the treatment plant and the fact that
Page R
,
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
Mr. McCarthy was not willfully violating the zoning
rules, but was attempting to solve the problem of
Imperial Wilderness by removing the plant from the
RV park. He requested a reduction of the fines
from $125 per day to $25 per day. He also men-
tioned that the vehicles stored on the property
have been removed, however, it took a considerable
amount of time to do so because the owners of the
vehicles live in this area only a few months out of
the year. He requested a reduction in those fines
also, recommending a total fine of $1,000 be
imposed.
,
Mr. Constantine questioned what has transpired bet-
ween the September 28, 1990 meeting, when the
Respondent indicated he would be filing for a fine
reduction, and this date? Mr. Conley responded
that his client had a contract to sell the treat-
ment plant. He explained there was a potential for
gaining $35,000 by selling the plant, and his
client was attempting to avoid paying approximately
$1,600 to move it to a new industrial location,
however, the contract fell through.
In answer to Mr. Lamoureux, Mr. Clark replied that
$14,400 is the total fine levied for the treatment
plant. He said the violation occurred when the
plant was removed to the adjacent piece of property
which did not have a principle use, therefore, it
became storage.
Mr. Andrews remarked that he is concerned with the
requested reduction to a total of $3,400, because
of the many months of investigation and follow up
required by the County regarding these violations.
Mr. Clark indicated that the requested reduction
would approximately cover the County's expenses.
Mr. Andrews then asked if Mr. Clark would recommend
these figures, to which Mr. Clark jnformed that the
County has no objection to a compromise that this
Board thinks is reasonable.
Mr. Constantine said it seems correcting the viola-
tion was not weighed as heavily as what would be
the cheapest way to get out of it.
f
Mr. COhley asserted the violation began because the
plant was moved to the adjacent property due to an
agreement with the Board of County Commissioners.
Page 9
,
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
,
MOTION:
COMMENT~:
,
He said application was then made with Community
Development Services for a rezone of the site, at
which time Staff indicated they would not recommend
the rezone due to the size of the parcel.
Mr. Lamoureux stated it is still not clear when
compliance was accomplished for removal of the
treatment plant as well as removal of the vehicles.
George Dahir, Code Compliance Supervisor, reported
he revisited the subject property on January 2nd or
January 3rd, at which time all vehicles had been
removed. He stated he did not visit the treatment
plant site.
Mr. Lamoureux questioned when the Respondent knew
the fines were mounting daily, why would he not
have notified the County when the violations had
been cleared up, in order to have it on record when
the property was brought into compliance? Mr.
Conley replied that his client knew that an
Investigator from the County was checking the pro-
perty on a regular basis.
Mr. Pedone related that the Respondent received
various notices indicating the accumulation of
fines for the treatment plant, which totaled
$14,400 on September 19th. He stated the
Respondent should have realized at that point that
paying for the removal of the plant was much less
costly than paying the fines. Mr. Conley advised
that his client was attempting to sell the plant
and, at that time, did not have another place to
store it.
Mr. Clark suggested that Staff compute all fines to
the compliance date and return to this Board at the
next meeting.
Made by Mr. Lamoureux to ~ontinue Case #90-024
until more specific data regardi~g~~e fines are
available. Seconded by Mr. ._~~_g~. Carried una-
nimously.
Mr. Lamoureux calculatAd that by using the assumed
compliance date of January 8, 1991, for removal of
the treatment plant, the total fine would be
$25,850; and by reducing the fine to $?5 per day
would revise that total to $5,170.
Page 10
r
,
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
MOTION:
Mr. Conley indicated he was under the impression
that the total fine was $14,400, therefore,
changed his request to a flat fine of $3,000. He
reiterated this is not a willful violation.
Mr. Lamoureux disagreed, stating the Respondent
demonstrated that it was a trade-off regarding
whether or not to spend money to relocate the
plant, therefore, it was a willful violation.
Made by Mr. Pedone to uphold the original fine.
Seconded by Mr. Andrews. Carried 4/1 (Mr.
Lamoureux opposed).
CASE NO:
*** Recess 10:15 A.M. - Reconvened 10:20 A.M. ***
RESPONDENT:
CO~NTS :
CASE NO:
~E~;P01rr>ENT :
CO~N'!~ :
CEB #90-004, Board of County Commissioners vs
SUnrise Bay Resort and Club Condominium Assoc.
Inc., "Order Imposing Fines and Liens"
Sunrise Bay Resort and Club Condominium
Association, Inc.
Mr. Clark advised that both Compliance Services and
the Attorney for the Respondent are requesting that
this case be continued until the next meeting.
It was the consensus that CEB #90-004 be continued
for one month.
***
CEB #90-011, Board of County Commissioners vs James
Blattenberger, rrOrder Imposing Fines and Liens"
James Blattenberger
Mr. Laubach stated he has visited the Blattenberger
residence many times and as of January 14, 1991,
the violations still exist.
After being sworn in by Mr. Clark, Mr.
Blattenberger indicated he is very confused by the
charges being levied against him, because he has
received many different stories from County Staff.
Mr. Clark stated the issue before the Board this
date is the imposition of fines. He suggested the
Board utilize the dates stated on the Affidavit of
Page 11
,
,
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
Non-Compliance, which total 13 days at $150 per
day.
In answer to Mr. Constantine, Assistant County
Attorney Wilson responded that, if a request for
re-hearing had been received, it would be
appropriate to go over the issues in this case;
however, since a request has not been received, the
Board is only required to accept the Affidavit of
Non-Compliance and proceed with the Order imposing
fines and liens.
Mr. Pedone questioned if the Respondent was not in
compliance on March 9th and again on March 13th,
can it be assumed that he was not in compliance
during the intervening dates? Mr. Clark stated
from a legal sense, it is up to the County to prove
that he was not in compliance, therefore, he would
prefer to impose fines only on those dates listed.
MOTION:
Made by Mr. Andrews to accept the Affidavit of
Non-Compliance as written and that the Order of the
Board be entered and recorded. Seconded by
Mr. Pedone. Carried 5/0.
***
CAS~~O: CEB #90-039, Board of County Commissioners vs
Fortino Garcia and Lionel Garcia, Jr., "Order
Imposing Fines and Liens"
RE~PONDENTS: Fortino Garcia and Lionel Garcia, Jr.
gO~ENT~: Mr. Clark asked the Board to accept the dates
listed on the Affidavit of Non-Compliance and
impose the Order of the Board.
Fortino Garcia and Lio'nel Gat'c ia I .Jr.
in by Mr. Constantine.
'.-JF:]"'E' ",.worn
Lionel Garcia advised that he and Fortino Garcia
were not in the State of Florida when the fines
were imposed. He said he phoned Code Compliance
Officer Bill Smith regarding this issue when they
returned in November.
In answer to Mr. Constantine, Mr. Clark responded
the documents were sent by certified mail with
receipt requested, as required by Collier County
Page 12
f
,.
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
CAs_g__~o :
RESPONDENT:
JANUARY 24, 1991
ordinance. He noted, however, the mail was held at
the Post Office, and finally returned to the sender
as unclaimed.
Ms. Wilson stated the County has fulfilled the
necessary technical obligations, however, she
suggested the Respondents be advised that they have
an opportunity to request a re-hearing or a request
for reduction of fine.
Mr. Lamoureux indicated he continues to have a
problem with imposing fines only on the dates shown
on the Affidavit of Non-Compliance. He said the
violations should be imposed on every subsequent
day to the original date.
Mr. Clark explained when an Affidavit is signed,
Staff is required to state specifically what days
the violations are seen.
Ms. Wilson stated from a technical legal point of
view, a fine can be charged on all days until it is
discovered that the violations have been complied
with. However, she said, from a practical point of
view, it is more appropriate for Staff to verify
the dates the County is actually charging the per-
son for the fines. She said entering into an
assumptive position is an uncomfortable position
to place Staff.
Mr. Constantine suggested conducting a workshop
following this meeting for the questions the Board
has regarding the Affidavit process.
Made by Mr. Pedone that the Affidavit of
Non-Compliance be accepted as written and that the
Order of the Board be entered and recorded.
Seconded by Mr. Andrell!~. Carr fedS!O:---------
Mr. Constantine advised the Messrs. Garcia of their
right to appeal the original decision of the Board.
***
CEB #90-049, Board of County CommisSioners vs Larry
Parks, "Order Imposing Fines and Liens"
Larry J. Parks
Page 13
(
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
COMMENTS:
,
MOTION:
MOTION:
QQ~ENT~:
f
.!T~M:
Mr. Clark gave a brief summary of this case to
date. He stated this Board issued an Order at a
public hearing on November 29, 1990, for the
Respondent to have taken corrective action on or
before December 4, 1990. He said re-inspections
took place according to the dates listed on the
Affidavit of Non-Compliance.
Mr. Laubach reported having visited the subject
property on January 23, 1991, at which time the
violations remained. He asked that photographs
taken on that date be admitted into evidence as
Exhibit "A" to show a continuing and current pat-
tern of non-compliance.
It was the consensus that the photographs be
admitted into evidence as Exhibit "A".
Mr. Clark advised that Mr. Parks has been sent to
jail for these violations, and yet continues to be
in non-compliance. He strongly recommended the
original fines be imposed.
Made by Mr. Andrews that the Affidavit of
Non-Compliance be accepted as written and that the
Order of the Board be ent~red and recorded.
Seconded by Mr. Lamoureux. Carried unanimously.
***
Made by Mr. Lamoureux to conduct a workshop at the
end of the regular meeting for discu~~ion of
Affidavits. Seconded by Mr. Pedone. Carried 5/0.
***
Mr. Clark reported a 30% increase in enforcement
efforts during the past year and much of that is
due to the fact the public is more aware that
something can be done regarding violations. He
said with the tools this Board is providing, the
efforts of Staff and the support of the County
Manager and the Board of County Commissioners,
there is now an effective team to ~ombat code
violations. He thanked the Board for its efforts.
***
Next meeting Date - February 28, 1991.
Page 14
,
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1991
***
There being no further business, the meeting was adjourned
into Workshop Session by Order of the Chair.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
Timothy Constantine
,
(
Page 15