CEB Minutes 01/24/1990
1990
Code
Enforcement
Board
January 24, 1990
..
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
DATE:
January 24, 1990
TIME:
9:00 A.M.
PLACE:
3rd Floor Boardroom, Building "F"I Collier County
Government Center, Naples, Floridd.
CEB
STAFF PRESENT
ANDREWS
CONSTANTINE
LAMOUREUX
LAZARUS
PEDONE
x
CLARK
SMITH
WILSON
x
X
X
x
X
X
x
STRAIN X
WILLIAMS ABS
MINUTES BY: Elinor Skinner, Recording Secretary
CALLED TO ORDER AT:
9:00 A.M.
ADJOURNED: 12:25 P.M.
PRESIDING: Tim Constantine, Vice-Chairman
ADDENDA TO THE AGENDA: None
Page 1.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AGE N D A
~nATE: January 24, 1990, at 9:00 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 BA~D. 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 26, 1989
4. PUBLIC HEARINGS
A. Board of County Commissioners vs. Richard M. Voael,
Trustee and Walta J's of Naples, Inc.; Case No. CEB
90-001
B. Board of County Commissioners vs. Leonard C. Burke and
Jill Burke; Case No. CEB 90-002
C. Board of County Commissioners vs. Roqer Combs and Anne
C. Louden; Case No. CEB 90-003
D. Board of County Commissioners vs. Sunrise Bay Resort and
Club Condominium Association, Inc.; Case No. CEB 90-004
5. OLD BUSINESS
6. NEW BUSINESS
7. REPORTS
8. NEXT MEETING DATE
Scheduled for February 22, 1990, at 9:00 A.M.
9. ADJOURN
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
***
ITEM: Approval of Minutes of October 26, 1989
MOTION: Made by Mr. Strain to approve the minutes of October 26,
1989, as submitted. Seconded by Mr. Andrews. Carried
unanimously.
***
CASE NO:
90-001
RESPONDENT :
Richard M. Vogel, Trustee and
Walta J's of Naples, Inc.
LOCATION OF VIOLATION: 5400 Taylor Road
Section 11, Township 48 South, Range 25
East
Naples, Florida
COMMENTS:
Code Enforcement Coordinator Smith presented
Composite Exhibit "A" and requested that this docu-
mentation become a part of the record in relation
to Case No. 90-001, Richard M. Vogel, Trustee and
Walta J1s of Naples, Inc., respondent.
Assistant County Attorney Wilson stated that Mr.
Clark received the original and she had a copy of a
letter from Attorney Broanstedder who represents
Walta J1s of Naples, Inc. She asked Mr. James
Llewellyn, President of Walta J's of Naples, Inc.,
if he was asking the Code Enforcement Board for a
continuance of 30 days and Mr. Llewellyn said Mr.
Broanstedder was requesting this continuance.
Mr. Clark objected to this request noting if it
were a matter of an hour or so for a scheduling
difficulty that would be one thing but all Collier
County1s witnesses and evidence are present, and
this is a late notice to request such a con-
tinuance.
Mr. Smith said the respondents were sent Notice of
Violation and a Stipulation of December 19, 1989
and on January 2, 1990 Notices were again mailed
which Mr. Llewellyn and Mr. Vogel received.
Mr. Clark said that Compliance Services submits
that was ample time for the respondents to obtain
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
counsel who would not have a conflict and who could
appear at this time.
In response to Mr. Constantine, Mr. Llewellyn
explained that Mr. Broanstedder has tried to obtain
land use counsel in the area and has not been able
to do so.
In response to Mr. Lazarus, Ms. Wilson said she had
a telephone conversation with Mr. Broanstedder and
his explanation to him was that he had a hearing at
8:45 A.M. this date in Fort Myers that would be of
short duration. She said the aforementioned letter
from Mr. Broanstedder, requesting the hearing be
continued from this date, was received after her
conversation with him.
MOTION:
Made by Mr. Pedone that the Code Enforcement Board
continue the hearing this date as scheduled.
Seconded by Mr. Strain. Carried unanimously.
COMMENTS:
Mr. Lamoureux stated that he had worked, in the
past, for Mr. Vogel as an engineer with regard to
some problems of the drainfield and septic system
but he did not see any problem with him sitting on
this case, adding he felt he could be fair and open
minded about the case.
Mr. Llewellyn said he had no discrepancies
regarding Composite Exhibit "A". Mr. ConstantinE:
stated that the Composite Exhibit "All is accepted
and will be entered into the record.
Mr. Smith explained that Mr. Vogel and Walta J's of
Naples, Inc. is charged with being in violation of
Section 7.26, Subsection b. 4, of Ordinance No.
82-2, the Collier County Zoning Ordinance and in
violation of Section 4 of Ordinance No. 81-42, an
ordinance relating to Occupational Licenses. He
contended that Mr. James Llewellyn, President,
stockholde: and one of the owners of Walta J's of
Naples, Inc. is conducting a night club/bottle club
at 5400 Taylor Road and addition to the night cl~b
that Mr. Llewellyn has failed to obtain the proper
occupational license. He said that the property at
5400 Taylor Road is zoned industrial use and a
night club/bottle club is not a permitted use in
this area under Ordinance 82-2, Section 7.26. He
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
explained that the documentation in Composite
Exhibit l!A" proves that Mr. Llewellyn has been
notified. He said t~at from December 191 19891
through January 2, 1990, he did not comply with the
Notice of Ordinance Violation and Order to Correct
Violation for the above-referenced violation.
Mr. Smith stated that OD September 8, 1989,
Compliance Services received an anonymous complaint
#Z-89-09161 that there was a topless/bottomless
bottle cub at 5400 Taylor Road called Walta
J's/Fantasies. He said upon investigation he was
met at the door by a man who collected a $2.00 per
person fee for entering and that he was required to
bring in his own alcoholic beverage, adding he
bought a six pack of beer and returned. He said
his alcoholic beverages were taken from him and he
was given a card which was his receipt for the
alcohol.
After being seated at a table, Mr. Smith said a
waitress asked him if he want~d a drink and she
brought him back a beer similar to what he had
provided and he was charged $1.00 and a hole was
punched in the card he was given. He explained he
witnessed female dancers and he described in detail
actions he contended were lewd and lascivious acts
committed by the dancers upon the stage and the
patron1s tables. He said no types of food or
snacks were on site at this time and that coin
operated pool tables, pin-ball machines and juke
box were located on premise as well as a disc
jockey.
Mr. Smith said that Walta J's does provide
entertainment/floor show, music and a service to
its patrons and allows for the consumption of alco-
holic beverages on the premises. He stated he
returned to the establishment of November 10, 1989,
and conducted another investigation and discovered
that the violations still existed. He said at that
time he had an interview with Mr. Llewellyn. He
said Mr. Llewellyn stated to him that he hired no
dancers and that the girls just happened to be
there and happened tG get up and dance and that he
was not responsible for that.
Mr. Smith said the activities were still being con-
ducted at that site and a Notice of Violation and a
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
Stipulation were mailed to Mr. James Llewellyn,
certified mail receipt #P296508347 with a
compliance date of January 2, 1990. He said on
January 2, Janual'y 5, and January 6, 1990 he
returned to the establishment and the same activi-
ties were being conducted on site.
Upon being sworn in by Mr. Smith, Mr. Llewellyn
said his address was 1534 Cumberland Court, Fort
Myers, Florida. He said he was a corporate officer
of Walta J's of Naples, Inc. In response to Mr.
Constantine, Mr. Llewellyn said he did not have a
disagreement with the case brought before him. He
said he would stipulate to the facts that have been
presented as being true and accurate, however,
there were points he would like to make. He said
he felt the way that Walta J's was being operated
was an arguable permitted use.
After beiIlg sworn in by Mr. Smi th, Mr. Ed Morad,
employed by Collier County, said when he was at
Walta J's of Naples, Inc. on September 8, 1939, he
witnessed basically the same thing that Mr. Smith
described, the entertainment, cover charge, serving
of alcoho l a~ld the dancing. He said he was faui-
liar with industrial zoning and this area is zoned
industrial. Responding to Mr. Smith, Mr. Morad
said this type of activity is not allowed in an
industr ial areii.. He said i t ~'las his Opillion tIl", t
the type of activity carried Oll dt Walta J's of
Naples, InG. would be classified as a night club
where entertainment is allowed. He said no food
was offered for saJ_e or CI~ns~jTIed on premise wllile
~'.::_- ()~l t}1e l-}:~'e,;~~~:_ses ~'-)C1 }~P wC'-lIIc1 not say tl-lis
was a restaurant.
Responding to Mr. Andrews, Mr. Smith said all the
investigations were conducted after 9:00 P.M.
In response to Mr. Strain, Mr. Smith said that
night club classification would be allowed in a C-4
or C-5 area.
In answer to Mr. Clark, Mr. Smith said that Mr.
Lukacovic was listed on the original occupational
license and when he contacted Mr. Lukacovic he
informed Mr. Smith that he had sold his interest to
Mr. Llewellyn. He explained he obtained Mr.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY
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Llewellyn's phone number from Mr. Lukacovic and had
conversation with Mr. Llewellyn, asked him to come
to his office and he interviewed him in November
when he admitted he was one of the owners, adding
that state records for Walta ~'s of Naples, Inc.
also list him as president. He said that during
this interview he advised Mr. Llewellyn what the
violation was and requested that he cease that
violation, and added that he had ample opportunity
to do that before the charges were filed.
Mr. Smith stated that Mr. Llewellyn said he was not
in violation and his statement was that the girls
just happened to be there and just happened to get
up and dance and that they were not employed by
Walta J1s of Naples, Inc. He said Mr. Llewellyn
said he had a manager and a bartender and that
there were two employees on site at that location.
Mr. Smith said there were police reports and
booking statements taken from in excess of ten
defendants all stating that they work at Walta J's
of Naples, Inc. as dancers as well as a disc
jockey, manager and a floor manager who state they
work at Walta Jls of Naples, Inc. 5400 Taylor Road.
Mr. Smith stated he has photographs of work sche-
dule sheets that shows a working schedule has been
kept as far back as October 21, 1989 through New
Year's Day where eight dancers are scheduled and
what hours they will work on the floor. He showed
the respondent that evidence and requested that the
Board admit sheet No. 8 and sheet No. 9 that indi-
cate five copies of photographs for working
schedules for in excess of eight girls, noting one
sheet shows thirteen girls and one sheet shows ele-
ven girls and the other two sheets show in excess
of eight girls. He explained these photographs
were obtained from the manager's station where Mr.
Perry Johnson was seated at Walta J's of Naples,
Inc.
Mr. Clark asked if the names on the work schedule
were some of the names listed on the booking sheets
that stated they were working for Walta J's of
Naples, Inc. and Mr. Smith stated that was correct.
Mr. Smith showed Mr. Llewellyn the booking sheets.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
JANUARY 24, 1990
Mr. Smith said the work sheets were marked Exhibit
8 and Exhibit 9.
Made by Mr. Lazarus that Exhibit 8 and Exhibit 9 be
entered into the record as evidence. Seconded by
Mr. Strain. Carried unanimously.
In response to Mr. Clark, Mr. Llewellyn said, for
the record, he had no objection to the admission of
those documents into the record, adding he did not
know most of the people mentioned.
Mr. Smith introduced nine booking sheets into evi-
dence that would be Composite Exhibit 14A, B, C, D,
E, F, G, J, H and I.
In response to Mr. Constantine, Mr. Llewellyn said
he had no objection to allowing those booking
sheets into evidence.
Mr. Clark asked if it was Mr. Smith's testimony
that the evidence just admitted along with the
documentation and evidence of testimony from him
and Mr. Morad documents the fact that there was
entertainment and that entertainment was at Walta
J's of Naples, Inc. with Walta J's of Naples, Inc.
knowledge and participation and that that enter-
tainment was being conducted in aD industrial zone
in violation of the zoning ordinance and Mr. Smith
stated that was correct.
After being sworn in by Mr. Smith, Mr. Peter
Simone, of 261 Osteego Road, Fort Myers Beach,
Florida, stated he was one of the stockholders of
Walta J1s of Naples, Inc. Responding to Mr. Smith,
Mr. Simone stated Walta J's of Naples, Inc. is a
bottle club where a person brings in alcohol and it
is served back to the person and that there are
dancers. He said to his knowledge Walta J1s of
Naples, Inc. does have an occupational license for
a bottle club and that the firm is in compliance
with the law.
Mr. Smith read the statement of the occupational
license for Walta J's of Naples, Inc. which states
miscellaneous service. Mr. Simone said it was ori-
ginally issued as a recreational license. He
stated that Mr. ~uka('ovic told the County employees
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
exactly what would be done on the premises when he
applied for the license and that was the license
issued. He said that Mr. Lukacovic stated there
would be a D.J. and informed the person in charge
exactly what would be done at Walta J's of Naples,
Inc. and this was the category they decided to give
them. He said Walta J's of Naples, Inc. has
operated for two and one-half years having enter-
tainment and having bands, D.J. 's and it was not
until the girls were brought in that they began to
have trouble.
In response to Mr. Clark, Mr. Simone said he was
not present when Mr. Lukacovic applied for the
license so his previous statement applies to what
Mr. Lukacovic told him.
After being sworn in by Mr. Smith, Mr. Perry
Johnson, of Fort Myers Beach, Florida, said he was
employed as manager by Walta J's of Naples, Inc.
He sajd he was not responsible for the scheduling
of the girls' dancing and that he did not know who
was. He said there are dancers on site and that
entertainment is provided. In response to Mr.
Smith, Mr. Johnson said that Walta J's of Naples,
Inc. has a service charge for maintaining a per-
son's alcohol and delivering it to that person. He
said there are coin operated pool tables and pin-
ball machines and music. He said no food is served
at the establishment.
In response to Mr. Clark, Mr. Johnson stated that
he did not operate a restaurant at Walta J's of
Naples, Inc. He said that the entertainment pro-
vided is conducted with the consent and knowledge
of Walta J's of Naples, Inc. In response to Mr.
Clark, Mr. Johnson said the entertainment is being
conducted to a certain extent as Mr. Smith
described, adding that Mr. Smith's statement that
lewd and lascivious acts are occurring has not been
proven. He said this is merely Mr. Smith1s opinion
of the way the girls were dancing.
Mr. Clark referred to the date when the Sheriff's
Department conducted an operation there and asked
if the dancing taking place at that time would he
representative of the nightly entertainment and Mr.
Johnson said it was. Mr. Clark asked if it was
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
-'-_._~-'~.._--------~---
JANUARY 24, 1990
possible to state that Walta J's of Naples, Inc.
provided entertainment as part of the total package
of Walta J's of Naples, Inc. to which Mr. Johnson
agreed.
After being sworn in, Mr. Robert J. Hovland, of
5830 Wax Myrtle, Naples, Florida, stated that Dev
Tec, of which he is a shareholder and officer, ori-
ginally built the building occupied by Walta J's of
Naples, Inc. He said Dev Tec leased the building
to Walta J's and subsequently the building was sold
to Mr. Richard Vogel but Dev Tec still operates the
management company that has a lease with Walta J's
of Naples, Inc. He explained that in the lease the
business is described as restaurant/lounge. He
stated there is no restaurant at Walta J's of
Naples, Inc.
Responding to Mr. Clark, Mr. Hovland said when he
signed the lease two and one-half years ago, he was
informed that the people were going to conduct a
gameroom type operation and serve sandwiches. He
said what Walta J's of Naples, Inc. currently is
conducting is not what is on the lease. In
response to Mr. Clark, Mr. Hovland said that it is
his firm's position that if Walta J's of Naples,
Inc. is conducting something that is not in
compliance with Collier County ordinances or laws
that his firm is not in favor of that type of
operation.
Responding to Mr. Constantine, Mr. Hovland said
that if Walta J's of Naples, Inc. are doing
something that is illegal or not in compliance with
the law they do not have Dev Tec's permission.
Mr. Smith asked to admit into evidence Item No.3
which shows a copy of Walta J's of Naples, Inc.
occupational license for 1989-90. Mr. Llewellyn
stated he had no objection to this item being
admitted into evidence. Mr. Smith said the occupa-
tional license states miscellaneous service. He
said that document No.4 which is a letter, dated
January 23, 1990, from Ruth Raymond, Occupational
License Supervisor, and he read it into the record.
He said Ms. Raymond states she had made a complete
search of Occupational License Department records
and found one occupational license listed in the
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, :990
name of Walta J's of Naples, Inc. located at 5400
Taylor Road, issued on September 16, 1987 and that
said license was issued as a public service license
in the amount of $22.00 for miscellaneous service,
no contracting areas. He said Ms. Raymond said
that this license in no way covers this business
for entertainment, dancing, pool tables or the
retail of beverages or bottle club, adding that
each above-mentioned aspect requires a separate and
distinct license to engage in such and that this
information is clearly defined in Section 24,
Section 40 and Section 44 of the Collier County
Occupational License Ordinance 81-42. Mr.
Llewellyn said he had no objection to this letter
being entered into evidence.
Mr. Smith said that Items No.5 and No.6 are Walta
J's of Naples, Inc. beer and bottle club receipt
cards, one dated January 2, 1990 and one dated
January 5, 1990 both aftex' the dates when the
establishment was to have ceased the illegal
activity.
Mr. Llewellyn said he had no objection to these
receipt cards being entered into the record as
evidence.
Mr. Lazarus asked if document #7 in the composite
exhibit was the original application and Mr. Smith
concurred, noting that a new license is not
required each year just a renewal.
Mr. Lazarus referred to line 12 of the application
where recreational facility was noted and he asked
if recreational facility is defined in any of the
zoning ordinances? Mr. Smith said, at the time
the application was made, that the applicant said
there would be pool tables and pin-ball machines on
the premises and they were told, at that time, the
industrial area would allow the pool tables and the
pin-ball machine if they paid the necessary stamp
fees that are required. Mr. Lazarus asked if, at
that time, this business had been conducted with
just pool tables and like activities without retail
sales and without dancers would the business have
been in compliance with industrial zoning? Mr.
Smith said with the pool tables and the pin-ball
machine, at that time, it was his department1s
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
understanding with what zoning allowed it would
have been in compliance. III response to Mr.
Lazarus, Mr. Clark stated that what constitutes the
violation is the entertainment. He said it becomes
a night club if it has entertainment.
Responding to Mr. Andrews, Mr. Clark said that
there is no identifiable classification in Collier
County for a bottle club, as yet, therefore, the
Zoning Director would have to make an interpreta-
tive decision as to the closest thing to that. He
said until someone applies as a bottle club the
Zoning Director has not made that determinatioil.
In answer to Mr. Strain, Mr. Clark said the zoning
ordinance defines a night club or a cocktail lounge
as entertainment obviously entertaining the
patrons. He said there might be instances where
the Zoning Director would approve a special one
night band occasion but to routinely have a band
would be entertainment which would make the
establishment a night club.
Mr. Smith referred to a memo dated January 23,
1990 from Zoning Director Baginski in which he
stated he had reviewed Mr. Smith's question of
establishing a night club within the Industrial
District. Mr. Smith said Mr. Baginski said a night
club and/or cocktail lounge is identified as per-
mitted use within C-4 and C-5 and the permitted use
closest to a night club and/or cocktail lounge
within the Industrial District is a restaurant.
Mr. Smith said Mr. Baginski said a restaurant is
defined by the Zoning Ordinance as an establishment
where food is ordered from a menu, prepared and
served for pay primarily for the consumption on
premise and that the information provided regarding
the activities conducted at Walta J1s does not meet
the definition nor intent of a restaurant as
defined. Mr. Smith explained that Mr. Baginski
stated, based upon the above, it was his interpre-
tation that a night club and/or bottle
club/cocktail lounge is not a permitted use within
the Industrial District nor would it be compatible
with established permitted uses within the
Industrial District. Mr. Smith requested this
memo, Item No. 12, be admitted into evidence. Mr.
Constantine stated for the record that Mr.
Llewellyn had no objections to this request.
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
Mr. Smith said that research was conducted to make
a determination on the zoning of the area in
question and he offered a certified copy of zoning
map for the area he identified as Township 49
South, Range 25 East, Section 1 through 11, 12 of
Book 25, which he introduced as evidence. Mr.
Llewellyn pointed out that most of the building is
involved in the commercial setback, but he said he
had no objection to having this map admitted as
evidence.
Mr. Smith said that Walta J's of Naples, Inc.
advertises for private parties and social needs.
He said that Mr. Harrington, the disc jockey
manager, said if Mr. Smith wanted entertainment for
a private party he could pick out anyone of the
girls and for $150 per hour they would deliver her
and she would dance up to 15 dances and whatever
other needs were had to be arranged with her. He
asked to admit into evidence Item #7, a sign
located at Walta J's of Naples, Inc. which states
that Walta J's is now available for your private
parties and social needs; contact management for
further information.
Mr. Johnson said this sign is for the building
itse1f a-~1;:~ 1;t:- ~~~~(.1 tll~it ~~d:r',:.:;i.~!:;; :~:.)j.(1
Mr. Smith was not with the management's
authorization.
Mr. Llewellyn objected to admission of the sign out
of context that Mr. Smith stated but that he would
accept it considering the explanation given.
Mr. Clark referred to Page 13 of the Composite
Exhibit "A", Section 7.26b which refers to the
Industrial District and read "No building or struc-
ture, or part thereof, shall be erected, altered or
used, or land or water used, in whole or in part
for other than the following" with all permitted
uses listed. Mr. Clark said that night club is not
one of the permitted uses. He said this section
plus the determination of the Zoning Director sta-
tes that a building will not be used for anything
other than the listed uses. He said the facts
substantiate that the building at 5400 Taylor Road
is being used for other than listed uses; the
testimony has substantiated that and the respon-
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
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dent's testimony has not refuted that and has
admitted that the building is being used for other
than permitted uses. He said the documentation
from the Occupational License Office has also
substantiated that the activity which is being con-
ducted at Walta J's of Naples, Inc. is not per-
mitted under the occupational license to do. He
said that Collier County has advised the respon-
dents of this violation several times and has given
more than sufficient time for this operation to
cease and the respondents have elected not to cease
this night club or cocktail lounge type entertain-
ment. He explained that the ordinances of Collier
County are designed to protect the characteristics
of certain neighborhoods to encourage and promote
certain types of operations in certain geographic
locations in order to have a certain amount of har-
mony within the community.
Mr. Clark said that Compliance Services recommends
that the Code Enforcement Board find that the
violation did take place.
In response to Mr. Constantine, Mr. Clark said that
commercial recreation classifications are made on
an independent basis and they depend on whether
correct setbacks are available and whether proper
seating and floor space are available.
Mr. Smith said that probably in the original appli-
cation Walta J's of Naples, Inc. were permitted to
have pin-ball machines and pool tables. Mr. Clark
said that the entertainment is what is not per-
mitted and the fact that they have not obtained the
proper occupational licenses.
Mr. ~lewellyn stated the fact that Walta J's of
Naples, Inc. is a Florida corporation that has been
operating for three to four years and there has
been prior renewals of the occupational permit for
several years. He said there has been entertain-
ment of one type or another from the very beginning
in 1987 until now. He said he felt that the cor-
poration is complying with the occupational laws
and that the laws are vague and ambiguous at best
that can be argued from a legal point of view. He
said Mr. Smith's statement of lewd and lascivious
acts are obviously his opinions and no convictions
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
have come from the arrests. He said no retail
liquor sales are made on the premises and the only
food is vending machines for snacks. He said the
lease with Dev Tec expires in June, 1990.
Responding to Mr. Strain, Mr. Llewellyn said he
could not answer whether there was a way that his
establishment could comply to the uses as defined
this date as proper uses.
Mr. Simone said that it was his understanding that
Mr. Lukacovic explained the activities that would
take place at Walta J's of Naples, Inc. when he
made the origiilal application and he contended
there was confusion regarding what classification
should be given. He said that Mr. Clark does not
know what a bottle club should come under. He said
the business has operated with entertainment for
two and one-half years without interference until
the girls were brought in. He said great effort
was made to obtain legal representation which was
not successful and he contended the hearing should
not have proceeded without proper representation
for Walta J's of Naples, Inc.
Mr. LlewellYH said he contacted an attorney who
gave his opinion that this is an arguable situation
that is vague and ambiguous and that Walta J's of
Naples, Inc. does fit within the confines of the
zoning laws.
Responding to Mr. Constantine, Mr. Llewellyn said,
as he knows it, that all required licenses have
been obtained other than the questionable occupa-
tional license. Mr. Constantine referred to the
August, 1989 meeting with Environmental Health when
Mr. Llewellyn was told that the establishment still
did not have a food service license. Mr. Llewellyn
said he was never informed of the criteria needed
for a food service license.
A discussion continued during which Mr. Simone con-
tended it is permissible for entertainment to be
staged at Walta J's of Naples, Inc. adding their
lawyers have said it is a matter of conjecture.
In response to Mr. Lazarus, Mr. Clark said that
entertainment makes the conduct improper and that
Page 14
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
it was not his decision to make whether a bottle
club without entertainment would be permissible.
Responding to Mr. Simone's request for a defjnition
of a night club, Mr. Clark read from Page 246 of
the Collier County Zoning Ordinance as follows:
that a night club, a restaurant, dining room,
discotheque, bar or other similar establishment
providing food or refreshments wherein entertain-
ment and/or live music such as bands, floor shows
or similar forms of entertainment are provided for
customers as a part of the attraction to the com-
mercial enterprise.
Mr. Simone answered Mr. Pedone that he did believe
Walta J's of Naples, Inc. fits the above descrip-
tion of a night club.
Mr. Clark said, should the Board find that viola-
tions of either or both charges were in existence,
he recommended that the violations cease imme-
diately this date and if there are violations of
either charges, he recommended a $250 a day fine
for each day of each violation from this day forth.
Mr. Hovland expressed concern about whether Mr.
Vogel and Mr. Hovland's firm is included in any
penalties the Board might levy. He said his firm
is not personally conducting anything that is in
violation of County ordinances and if the Board
finds that Walta J's of Naples; Inc. is in viola-
tion, he requested that his firm and Mr. Vogel
would be excluded from any penalties or fines.
Mr. Clark stated his first recommendation is
against the first principle, Mr. Llewellyn and that
he has a second recommendation. He said it is
understood that there is a second person named and
the ordinance does allow Compliance Services to
name an agent, a tenant or the owner or all three
before the Code Enforcement Board. He said that
the owner of the building has a certain respon-
sibility at hand and that in 90 days, hence, if the
owner of the building has not done what is
necessary to make sure that the operation of his
building is being conducted in a legal manner, he
recommended a fine of $150 a day against the owner.
Page 15
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
JANUARY 24 1990
Ms. Wilson clarified that the fines would be
imposed against the corporation of Walta J's of
Naples, Inc. and not against Mr. Llewellyn per-
sonally. She said it is permissible for the Board
to bifurcate the fines imposed against the cor-
poration for their activities and a separate fine
against the owner could take place at another time.
She said that the owner has to be aware that wha-
tever fines are imposed the ultimate remedy that
Collier County has is to lien the property and, if
the lien is not paid, the County could close on
that property. She said it is true this puts the
ultimate burden on the Qwner to have these activi-
ties cease and if eviction is the only procedure
the owner has to go through to have the violation
cease, that is the owner's action to take.
Ms. Wilson said it was her legal opinion that
Collier County would not be able to assess fines
per violation in excess of $250 and so if the Board
wanted to bifurcate between the owner and the
violator, the total per violation should only be
$250.
Mr. Hovland said when his firm rented the space to
tIlis firm they presented an occupational license to
him. He said he was not sure his firm should be
included in the fines. He said if he is told that
Walta J's of Naples, Inc. is doing something ille-
gal he will start eviction proceedings, but it
takes a minimum of 60 days to evict someone. He
said when the lease is up, even if the firm is in
compliance, the~r lease will not be renewed when it
expires in June.
Mr. Clark re-submltted his recommendation to say
that a fine of $75.00 be imposed after 120 days and
that the balance of the maximum of $250 a day be
imposed immediately per day per violation against
Walta J's of Naples, Inc.
Mr. Constantine acknowledged for the record that
all the evidence presented to the Board from County
Compliance Services on Case 90-001 was accepted.
Made by Mr. Strain that the findings of fact and
conclusion of law and order of the Board Case
90-001 came before the Code Enforcement Board on
Page 16
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
January 24, 1990, and the Board, having heard
testimony under oath, received evidence and heard
arguments respective to all appropriate matters and
thereupon issued its findings of fact and conclu-
sion of law and order as follows: under findings
of fact that Richard M. Vogel, Trustee is the owner
of record of the subject property, that the Code
Enforcement Board has jurisdiction of that person
as respondent and that James Llewellyn was present
at the public hearing; all notices required by
Collier County Ordinance 88-89 have been properly
issued; that the real property legally described as
Walta J's/Fantasies is in violation of Section 7.26
b4 of Ordinance 82-2 and in Section 4 of Ordinance
81-42 and the following particulars: A. zoning
violations and B. through improper occupational
license. Seconded by Mr. Andrews. Carried unani-
mously.
MOTION:
Made by Mr. Strain that Walta J's/Fantasies is in
violation of Section 7.26b4 of Collier County
Ordinance 82-2 and Collier County Ordinance 81-42;
order of the Board based upon the foregoing
findings of fact and conclusions of law and pur-
suant to the authority granted in Chapter 162 of
the Florida Statutes and Collier County Ordinance
88-89 it is hereby ordered 1. that the respondent
correct the violation of Section 7.26 b4, Collier
County Ordinance 82-2 and Section 4, Collier County
Ordinance 81-42 in the following manner: a. that
zoning violations and occupational license be
obtained as outlined in paragraph 4a of the above
findings of fact; b. that said corrections be
completed on or before January 25, 1990 and if
respondent does not comply with this order on or
before that date then in that event respondent is
hereby ordered to pay a fine of $200 per day for
each and every day in any violation described here
and continues past said date; failure to comply
with the order within the specified time will
result in a 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 24th day
of January 1990, Collier County Florida. Seconded
by Mr. Pedone.
COMMEnTS:
Mr. Lazarus said the motion was couched in terms of
$200 a day and he assumed there would be another
Page 17
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
MOTION:
COMMENTS:
JANUARY 24, 1990
motion saying $50.00 a day for the owner of the
property. He said, if Mr. Clark's recommendation
to defer any ~ine against the owner for 120 days is
made, t~e owner would be liable for fines for a
period of twenty-two days since he said he was
going to terminate the lease when it came up for
renewal. He asked if Mr. Clark's recommendation is
as made would that be a practical kind of remedy?
Mr. Strain said the Board could allocate ti~e for
the owner that would coincide with the termination
of relit.
Mr. Lamoureux pointed out that the respondent is
listed as both the owner and Walta J1s of Naples,
Inc. He suggested that Mr. Strain amend his motion
to specify Mr. Llewellyn or Walta J's of Naples,
Inc. and Mr. Strain said in the conclusions of law,
Item 1, he did specify Walta J's/Fantasies.
Mr. Strain accepted clarification of his motion as
specifically Walta J'sjFantasies and not the owners
of the property at this time.
Upon call for the question, the motion carried
unanimously.
In response to ~T
he understood what
Constantine, Mr. Llewellyn sa~d
the motions mean.
Made by Mr. Strain under findings of fact the Board
utilizes Robert Hovland representing Richard M.
Vogel as owner of the property as the Respondent in
this particular findings of fact order of the
Board, Zoning and Occupational Licenses as outlined
in paragraph 4 of the findings of fact shall be
corrected by 130 days from this date, July 1,
1990, and if Respondent does not comply with this
order on or before that date in that event Respon-
dent is hereby ordered to pay a fine of $50 per day
per violation for each and every day any violation
described here continues past that date. Seconded
by Mr. Pedone.
Mr. HO'v'land asked if Wal ta J I S does not pay their
fine and continues to operate if a lien will be
placed against the building? Mr. Constantine said
that Mr. Hovland is responsible for Walta J1s
+= .
.J..~nes.
Page 18
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
Ms. Wilson said that Mr. Hovland is not responsible
for Wal ta J' s fines, however, the Code Enforcelaent
Board1s remedy, if those fines are not paid by
Walta J's, is to put a lien on the property and to
ultimately foreclose if that lien is not satisfied.
MOTION:
Upon call for the question, the motion carried
unanimously.
Ms. Wilson stated that the appeal period is 30 days
from the day of execution of this order.
***RECESS:
10:40 A.M.
RECONVENED:
10:50 A.M.***
***
CASE NO:
90-002
RESPONDENTS: Leonard C. and Jill Burke
LOCATION OF VIOLATION: 2240 East Everly Avenue
Naples, Florida
COMMENTS:
~1r. Smi th requested that Composi te Exhi bi t "A" be
submitted into the record as evidence.
;:;1". Smi th advised that the lesponJ.ellts viele
present.
~'~~'. Consta;-ltine said that Composite Exhibit "A"
will be accepted as part o~ the record.
~r. Smith said that Mr. and Mrs. Burke are charged
with two counts of violation of Collier County
Ordinance 82-2, Section 7.9 b4, illegal land use by
allowing a junk and salvage yard to exist and
Collier County Ordinance 88-45, Section 5, 5, and
7, unauthocized aud illegal dumping and accumula-
tion of litter. He said Mr. and Mrs. Burke are
owners of the property in Section 31, Township 49
South, Range 27 East, Collier County F}orida which
is zoned agricultural. He said the documentation
contained in Composite Exhibit "An proves that the
Burke1s have repeatedly been advised to cease these
violations since August 16, 1989.
Mr. Smith stated on August 15. 1989, Investigator
Silva investigated Complaint Z-89-02399, for 2240
Page 19
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
1990
JANUARY
.., .
G,*,
Everly Avenue, of ail illegal junk and storage yard
and he found approximately 300 vehicles. He said
Investigator Silva located the owners, Leonard C.
and Jill R. Burke, on August 16, 1989, and advised
them of the v:;.ola tions. t'1r. Smi th stated on August
17/ 1989, he personally delivered a Notice of
Violat ion and St ipulat ion to Leonard C. and ~Ti 11 R.
Burke who signed the documents and they were
ordered to correct and cease all violations by
September 17, 1989. Mr. Smith explained on
September 20, 1989, a reinspection to check for
compliance was done by Investigator Silva and the
violations still existed and nothing had been done.
He said Investigator Silver reinspected the pro-
perty on October "5, 1989 to check for compliance
and delivered another Notice of Violation and
Stipulation for the additional violations of
Collier County Ordinance 88-45, the litter ordi-
nance. Mr. Smith stated that Mr. Burke signed
these forms and agreed to remove all violations by
October 25, 1989. On October 22/ 1989, Mr. Smith
said that Il1vestigatol Silva and Investigator
Nonnenmacher rechecked the property fo:.-' cCJmpliance
and found that progress was being made. He said on
December 28, 1989 Investigator Nonnenmacher found
that 40 vehicles, two buses ~~~ some litter still
remained and the case was prepared for the Code
Enforcement Board.
Upon being sworn in by Mr. Smith, Investigator
Nonnenmacher said he inspected the property on
January 23, 1990 and there are 16 vehicles left on
the property under discussion, a combination of 8
light trucks and cars, 5 heavy duty trucks and 2
school buses. In response to Mr. Clark, Mr.
Nonnenmacher said that the vehicles are d~smant:pd
and there is no appreciable value of them other
than salvage. Mr. Nonnenillacher sai~ he asked Mr.
Burkt::' lio"'! he was progressing toward coming into
cOlnplia;.-lce af1() that -;'~~". B~~~ '~~f,-" ex'i..'J~2 -:. ' v...~~.:,
work5.ng every day on this Lldtter. He said when he
visited this property the end of November there
were approximately 60 car~ there and now there are
approximately 16 left. He said he was told tllat a
person from Fort Myers was coming to the property
and taking junk away. In answer to Mr. Clark, Mr.
Nonnenmacher said that Mr. Burke said he knew the
existence of the vehicles was in violation of
Page 20
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY
~ A
~~I
1990
Collier County ordinance and that lie was cleaning
up the property.
Mr. Smith reported he met with Mr. Burke and his
attorney a cOl1ple of days ago and Mr. Burke has
moved the vehicles to another area, adding that Mr.
Burke was informed then that he needed to correct
the violation at his property and that where he was
putting the vehicles may be another violation. He
said Mr. Burke stated he understood and would try
to do his best to correct the violation at this
property by this date.
After being sworn, Mr. Burke, of 2240 Everly
Avenue, Naples, Florida, said he stipulated to the
facts that there is a violation, that he was
informed of the violation and that he is attempting
to correct the violation. He said he was aware
that the property where he is currently storing the
vehicles may also be a violation. He said it would
take another 90 days to remove the vehicles from
his property and the other property mentioned.
In response to Mr. Constantine, Mr. Smith said that
the property that may also be in violation is not
involved in Case 90-002, however, Compliance
Servicesl recommendation will be that Mr. Burke
must comply in all of the unincorporated area of
Collier County.
Responding to Mr. Smith, Mr. Burke said a lot of
the cars were abandoned vehicles in Collier County
and people were dropping them off faster than he
could haul them away. He said Mr. Barrs brought
some vehicles to him. Mr. Smith reported that ~~.
Barrs was before the Code Enforcement Board in the
past and when the Board ocdered him to comply, Mr.
Burke ended up receivirlg the vehicles which has
created some of his problem.
Attorney Dale Krout, representing Mr. Burke,
explained when Mr. Burke was informed where he had
the cars was not zoned for storage and the
appropriate zoning for storage would be Industrial.
He said Mr. Burke began looking for an Industrial
area and has moved approximately 100 of the cars to
this spot and he is then towing them to Fort Myers
to be crush~d. He said a crusher was brought to
Page 21
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
Mr. Burke's property to crush the vehicles but the
individual only worked for two days and went to
another place to work wher~ he could make more
money. He said Mr. Burke is making a sincere
effort to bring the property into compliance.
Mr. Clark said Compliance Services believes in the
sincerity of Mr. Burke and Mr. Krout, however,
they were not comfortable wi th the removal of Llll~
vehicles being dependent upon someone else.
Mr. Xrout said Mr. Burke is not waiting for any-
body to come in and take care of this problem since
the initial attempt to resolve the problem with a
crusher did not work. He said Mr. Burke has been
taking the cars out daily. He said these are aban-
doned cars and, i:. a l'ound about way, Mr. Burke :i.s
performing a service to the citizens of Collier
County by taking them to Fort Myers. He requested
that Mr. Burke be given 60 days minimum to bring
his property into compliance, adding he has an
individual who can make three trips a day taking
the car:::; Oile a tat ime and he has less than 100
cars at the other property.
Mr. Clark recommended that Mr. Burke be given 15
days to finish cleaning up his own personal pro-
perty and a total of 60 days to clean up the other
piece of property in the Industria: area and that a
violation of the 15 days will result in the commen-
cement of a $150 a day fine.
In response to Mr. Constantine, ~s. Wilson said
that Mr. Burke has not been given Notice of
Violation on the separate parcel. She said she had
no objection to the recommendation of 15 days to
bring his own property into compliance and that the
Board could make suggestions to him about what they
would like to see happen on the other property but
the Order shou:d only be on the charge he has been
noticed to defend this date.
Mr. Clark pointed out that on previous cases the
Board has made recommendations that the problem be
removed and that it not be repeated anywhere in
Collier County.
Mr. Constantine said this is a pre-existing con-
dition and not something Mr. Burke had done
following the Board1s order.
P(3.ge 22
CO~E ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
JANUARY 24, 1990
Upon being sworn in, ,Jill Burke, of 2240 Everly
Avenue, Naples, Florida, said since she and her
husband have had to take such a great loss with the
cars because they had to be removed in such an
immediate manner, that they should not have to get
rid of their heavy equipment. She said the heavy
equipment is there for agricultural purposes. She
requested time to move the heavy equipment, such as
the engines that could be sold.
Mr. Clark said that Compliance Services is not
making a request for something other than nominal
value, adding if they have operating heavy equip-
ment, that is not considered salvage material. He
said if the Burkes have a motor for a piece of
equipment that is operational on their property his
department has no objection to that but it should
be put in a shed.
Mr. Krout said there is a dumpster on the premises
that is being used to take care of the litter
situation. Mrs. Burke said, in order to clean up
the property of all material not considered junk,
she would appreciate 30 days.
Mrs. Burke said she objected to the charge that
this property was being used as a junk yard because
they were cutting up, obstructing or smashing cars.
A discussion was held regarding a mobile home on
the property that was in violation but due to the
fact that it was not included in the Notice of
Violation no action was taken on this matter.
In response to Mr. Lazarus, Mr. Clark said, if the
Board finds there is a violation, that Compliance
Services recommends a fine of $150 a day for each
violation for each day compliance is not achieved
after the date set by the Board.
Mr. Constantine said that all evidence will be
accepted in the record for Case 90-002.
Made by Mr. Lazarus said Case 90-002 came before
the Code Enforcement Board public hearing on
January 24, 1990 and the Board having heard testi-
monv under oath received evidence and heard a~-
ments respective to all appropriate matters
Page 23
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
thereupon issues its findings of fact that Leonard
C. and Jill Burke are the owners of subject pro-
perty; that the Code Enforcement Board has juris-
diction over the Respondent and that Leonard C.
and Jill Burke were present at the public hearing;
that all notices required by Collier County
Ordinance 88-89 have been properly issued; that the
real property located in Section 31, Township 49
South, Range 27 East Collier County, Florida is in
violation of Section 7, Subsection 9.b4 of
Ordinance 82-2 and Sections 5 and 7 of Ordinance
88-45, a. operation of illegal junk and salvage
yard and b. unauthorized dumping and accumulation
of litter. Seconded by Mr. Andrews.
Mr. Strain said the motion should be amended to
read Subsection 9.b4 and e. Mr. Lazarus accepted
the amendment.
Upon call for the question, the motion carried
unanimously.
MOTION:
Made by Mr. Lazarus that conclusions of law are
that Leonard C. and Jill Burke are in violation of
Section 7, Subsection 9.b4 and e of Collier County
Ordinance 82-2 and Sections 5 and 7 of Ordinance
88-45; order of the Board based upon foregoing fin-
dings of fact and conclusions of law and pursuant
to the authority granted in Chapter 162, Florida
Statute and Collier County Ordinance 88-89 is
hereby ordered that Respondent correct the viola-
tion of Section 7, Ordinance 82-2 and Sections 5
and 7 of Collier County Ordinance 88-45 in the
following manner a. operation of illegal junk and
salvage yard as outlined in paragraph 4a of above
findings of fact and b. unauthorized dumping and
accumulation of litter as outlined in paragraph 4b
and that said corrections be completed on or before
February 23, 1990, and if Respondent does not
comply with this order on or before that date in
that event, Respondent is hereby ordered to pay a
fine of $150 per day for each and any day any
violation described continues past said date;
failure to comply with the order within the spe-
cified time will result in the recordation of a
lien pursuant to Chapter 162, Florida Statues which
may be foreclosed and Respondent's property
foreclosed to enforce the lien.
Page 24
CO~E_EBPORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
MOTION:
Made by Mr. Lazarus that some language be included
in the record that it is expected by the Code
Enforcement Board that any actions taken pursuant
to this matter also encompass keeping the remainder
of the unincorporated area of Collier County clean
and that there be no unauthorized dumping or moving
of vehicles to other areas. Seconded by Mr.
Andrews. Carried unanimously.
Mr. Krout said the Respondent understands the
meaning of the motion.
***
***RECESS:
11:23 A.M.
RECONVENED:
11:28 A.M.***
CASE NO. 90-003
RESPONDENTS: Rogel" Combs and Anne C. Louden
LOCATION OF VIOLATION: 3136 Andrews Drive
Naples Florida 33939
COMMENTS:
Mr. S;r,ith requested that Composite Exh.ibit "A" be
admitted into the record as evidence.
Mr. Smith advised that neither Respondents were
present.
Mr. Clark stated that proper Dotice of hearing was
served and the County Attorney has the green card
from the certified mail.
lv1r. Constantine said that Composite Exhibit "A"
will be accepted into the record as evidence.
Mr. Smith said that Anne Louden and Roger Combs are
charged with being in violation of Collier County
Ordinance 88-45, Sections 5, 6, and 7. He
explained that Anne Louden has entered into
agreement for the purchase of the property in
violation known as Lot 88, Hallandale Subdivision,
3136 Andrews Drive and she is occupant and tenant
and is in complete control of said property. He
said the documentation contained in Composite
Exhibit "A" prove that Anne Louden has been pro-
perly notified and verbally notified to cease these
violations since 0ecember 1989. He requested
Page 25
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
Exhibit B, certified mail receipt showing that she
was properly notified.
Mr. Smith said on October 17, 1989 Investigator
Dahir observed abandoned vehicles, four washers a~d
dryer, one stove, roof shingles and assorted paper
litter and he started Case 89-0085 and advised the
tenailt who lives with Ms. Louden, Peter Trafford.
He stated that on December 5, 1989, Investigator
Thurston mailed a Notice of Violation and
Stipulation to the property owner who had an
agreement for deed, at P.O. Box 754, Naples,
Florida. He said on December 19, 1989,
Investigator Thurston spoke with Ms. Louden at 3136
Andrews Drive and adv~sed her that the violation
should have been corrected by that date alld he
attempted to cite he~ to misdemeanor court. He
said Ms. Louden refused to sign any Notice of
Violation or Stipulation or any other Code
Enforcement Board notices. He said on December 28,
1989, Compliance Services received the certified
letter back as being ~nclaimed.
Upon being sworn in by Mr. Smith, Investigator
Robert Thurston said he had a conversation with Ms.
Louden on December 19, 1989, and informed her that
she was in violation of Collier County Ordinance
88-45. He said he explained that she must cease
those violations immediately and that he
reinspected the property on January 23, 1990, and
she has not complied.
Mr. Thurston said he visited Mr. Roger Combs in the
Fort Myers Correctional Institution and he signed a
sworn statement that Ms. Louden has full control of
the property, that she has an Article of Agreement
For Deed and that she is making payments to Mr.
Combs, her ex-husband. Mr. Thurston said that Mr.
Combs also signed the Stipulations.
Mr. Smith requested that Exhibit C be admitted into
evidence which is a statement from Roger Combs
stating that he swears that Anne Louden, his ex-
wife, did sign Articles of Agreement For Deed in
1980, that Anne Louden has full control of the pro-
perty known as 3136 Andrews Drive, Hallandale
Subdivision, Lot 88 and that the statement will
serve as proof that Anne Louden is fully respon-
sible for all litter debris found on the premises.
Page 26
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY
^ .
L,*,
1990
Mr. Thurston explained that the violation is a
reoccurring violation, adding Compliance Services
has had many cases at this place of residence. He
said the neighbors have often mentioned that, even
though the violations are cleared, they keep reoc-
curring. He said Ms. Louden will not cooperate
with him in any way and on his last visit she asked
him to leave her property. He said the nature of
the violation presently is junk and debris scat-
tered throughout the property. He explained the
original junk vehicle is gone, however, almost
everything else is there including toilets, book
cases, beer cans, and garbage. He said the
discarded washers and dryers are gone. In response
to Mr. Clark, Mr. Thurston estimated there was in
excess of approximately three dump truck loads of
debr is on the ]}l'Operty when Le f i::'~;t i:-Nest igated
the property. He said presently there is about two
dump truck loads there.
Mr. Clark said, due to the nature of the reoc-
curring violation and the stated unwillingness of
the respondent to either appear here or to try and
resolve the matter, that Compliance Services recom-
mends the maximum of $250 a day fine from January
25, 1990 for the violation as it exists and any
repeat violation.
Mr. Constantine said that Composite Exhibit "A"
will be accepted into evidence.
Ms. Wilson said it was her opinion that the
Articles of Agreement For Deed only give Ms. Louden
the right, if she pays the payments as they are
due, to get a deed to the property at the end of
the time and gives her the right to payoff early.
She explained until Ms. Louden satisfies the
requirements of the Agleeme:lt for Deed she is :-~ot
the owner and Mr. Combs is still the owner of the
property. She said, therefore, the two persons
would have to be included so there is no question
about having given Notice to the Owner of the pro-
perty if the County has to proceed through a lien
in a foreclosure proceedings. She suggested that
the fines be imposed jointly against Mr. Combs and
Ms. Louden and let the matter proceed.
MOTION:
Made by Mr. Lamoureux that this cause came before
the Code Enforcement Board on January 24, 1990, and
Page 27
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
JANUARY 24, 1990
the Board having heard testimony under oath
received evidence and heard arguments to all
appropriate matters, thereupon issues its findings
of fact, conclusions of law and order as follows;
finding of fact that Roger Combs is the owner of
record of the subject property; that the Code
Enforcement Board has jurisdiction of the Respon-
dent and that neither Roqer Combs nor Anne Louden
was present at the public hearing; all notices
required by Collier County Ordinance 88-89 have
been properly issued; that the real property
legally described as Lot 88, Hallandale Subdivision
is in violation of Sections 5, 6, and 7 of
Ordinance 88-45 in the~Jg) 1 Cl.'.'ling manner _111~_!_!l1e_~~
is scattered litter, garbage and debris on the pro-
perty. Seconded by Mr. Andrews. Carried unani-
mously.
Made by Mr. Lamoureux that conclusions of law are
that Roger Combs and Anne Louden both are in viola-
tion of Sections of Collier County Ordinance 88-45,
the Collier County litter control ordinance; order
of the Board that based upon the foregoing findings
of facts and conclusions of law and pursuant to the
authority granted in Chapter 162 of Florida
Statutes and Collier County Ordinance 88-89 it is
hereby ordered that the Respondent, which includes
both Anne Louden and Roger Combs, correct the
violation of Sections 5, 6, and 7, Collier County
Ordinance 88-45 in the following manner that they
remove all debris from the subject property as
outlined in paragraph 4a of the findings of fact;
that said correction be completed on or before
January 25, 1990, and if Respondent does not comply
with this order on or before that date, the
Respondent is hereby ordered to pay a fine of $250
per day for each day any violation described herein
continues past said date; in addition that the
material is to be removed from the site and not put
on an adjacent site; failure to comply with the
order within the specified time will result in the
recordation of the lien pursuant to Chapter 162 of
the Florida Statutes which may be foreclosed and
the Respondent's property sold to enforce the lien.
Seconded by Mr. Andrews.
Responding to Mr. Lazarus, Ms. Wilson said the
language of the motion satisfies her on the
Page 28
CODE ENFORCEMENT BOARD OF COLLIER COU~TY
JANUARY 24, 1990
question of joint and several liability on the
fine. Mr. Lazarus asked if tv1J:. Lamoureux would
make the date of compliance January 26, 1990
instead of January 25, 1990?
Mr. Lamoureux accepted the amendment of his motion.
Upon call for the question, the motion carried
unanimously.
***
CASE NO:
90-004
RESPONDENT :
Sunrise Bay Resort and Club Condominium
Association, Inc.
LOCATION OF VIOLATION: 10 'l'an1.pa ?lace
Marco Island, Florida 33934
COMMENTS:
Mr. Smith requested that Composite Exhibit "A" be
admitted into evidence.
Attorney David Leigh, representing Sunrise Bay
Resort, said he had no corrections to Composite
Exhibit "A". Mr. Constantine said Composite
Exhibit "A" would be admitted into evidence.
Mr. Smith said, as documented in Composite Exhibit
"A", Sunrise Bay Resort and Club Condominium
Association, Inc., David Leigh registered agent,
are charged with being in violation of Collier
County Ordinance 82-2, Section 7.24.b.4 and 8.23
that the Sunrise Bay Resort did allow the conver-
sion of parking spaces to storage without proper
approval and did not provide the required proper
parking spaces as required by Collier County
Ordinance 82-2. He contended that the documen-
tation contained in Composite Exhibit "A" prove
that Sunrise Bay Resort, Mr. Peter Triola,
President of the Association, Mr. Bruce Sonneborn,
member of the Board of Directors, Mr. Thomas
Hammond, Maintenance Manager and Mr. David Leigh,
registered agent, have been advised to cease and
correct these violations since August 2, 1989. He
explained that on May 16, 1988 Compliance Services
received a complaint of inadequate parking places
and on May :8, 1988 Investigator Morad talked with
the manager to see if the required spots were
Page 29
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
there, adding that 20 units would require 30
parking places. Mr. Smith that on August 2, 1989
Investigator Conti and Investigator Morad met with
the officers of the Sunrise Bay Club, Peter Triola,
Thomas Hammond and Bruce Sonneborn to discuss the
violations of Collier County Ordinance 82-2,
Section 7.24.b.4 and 8.23 which require one and
one-half parking spaces per units. He said at the
time of inspection there were only twenty-five
parking spaces provided which meant five more were
needed.
Mr. Smith said all parties agreed and signed a
Notice of Violation and a Stipulation to have the
violation removed and corrected by November 2,
1989. He said as of this date Sunrise Bay Club has
not complied.
In response to Mr. Lamoureux, Mr. Smith said he
eliminated a lot of the correspondence between May
1988 and August 1989 noting there was a change of
name and the new owners did sign a Notice of
Violation and Stipulation.
Upon being sworn in, Investigator John Conti said
that the name change of the Condominium Association
occurred in the early 1980's. He said the
Condominium Association is responsible for all com-
mon areas including parking and hallways. He said
as of January 23, 1990, he spoke with Planner Nino
and he has not received any of the information he
has requested. Mr. Conti said he inspected the
property on January 23, 1990 and no work has begun,
noting there were only twenty-three spaces
available with one having a garbage dumpster on it
so it cannot be used as a parking space, therefore,
there are only twenty-two usable parking spaces.
Upon being sworn in, Attorney David Leigh said he
was not aware he was registered agent for Sunrise
Bay Resort. Mr. Smith referred to Page 33 of
Composite Exhibit "A" which shows Mr. Leigh as
Registered Agent on the State of Florida Corporate
Document filed 10/11/78. Mr. Leigh said he has
engineering drawings that detail how Sunrise Bay
Resort plans to solve the parking problem. He said
Mr. George Mellen of William C. McAnly and
Associates has designed the layout of the parkins
Page 30
ceDE ENFORCEMEN7 BOARD OF COLLIER COUN7Y
JANUARY 24, 1990
lot to create the extra five parking places. He
said he was told by William McAnly that the pre-
application is ready, should be filed at the end
of this week, and that he estimates four to six
weeks for Collier County to give Sunrise Bay Resort
the permit if the final drawings could be waived.
He said he assumed that the work should be done in
90 days.
Mr. Clark said by Mr. Conti's count there are 23
parking spaces, therefore, seven more parking spa-
ces are needed. He said the parking spaces should
not have been taken out of use without provision
made for replacing them, to which Mr. Leigh agreed.
He said if the building that covers the original
parking spaces was removed the required number of
parking spaces could be available within one week.
Mr. Leigh stated that Sunrise Bay Resort and
Condominium has been an ongoing timeshare resort
for a number of years and has gone through two
developers who went bankrupt. He said it was under
developer control until January, 1989 when a new
Board of Directors took over. He said there are
700 owners now with approximately 300 units still
available for sale. He said the original developer
arbitrarily closed off the area under the building
designated for parking in order to use the area
for office space and that originated the problem.
He said the developer for sales operation is using
the office space and that it is critical to the 700
owners since they cannot realize full value of
their units until the other 300 units are sold. He
said the Boal'd of Directors and Debby Daniels, the
manager, were told that everything regarding this
violation was proceeding fine by the developer and
it was not until Mr. Nino notified the Board of
Directors that nothing was being done on the matter
that they were aware tha~ Mr. Sonneborn had not
gone through the process correctly. On November
30, 1989, Mr. Leigh said he and Ms. Daniels met
with Mr. Nino and informed him that Sunrise Bay
Resort was going to hire an engineering firm and
correct the situation. He said that same day,
after the meeting with Mr. Nino, he hired George
Mellen of William MeAnly and Associates to do the
project. He said Mr. Nino was notified on ~ecember
15. 1989 that progress was being made in the matter
Page 31
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, :990
but that the work might not be done immediately due
to the holidays. He said he and Ms. Daniels are
monitoring the project and trying to have the
situation corrected as quickly as possible. He
said prior to November 30, 1989, he and Ms. Daniels
did not have control over the situation.
rvJ:r. C lark recommended that 90 days to comply would
be acceptable to Compliance Services with the sti-
pulation that at the end of 90 days the office area
can be removed and rent an off-site office and
recreate the parking spaces and, if compliance
is not made by 90 days, that a $200 a day penalty
be levied.
Mr. Leigh requested, if there is to be a $200 a day
penalty, that 120 days be given for compliance.
In response to Mr~ Lamoureux, Mr. Leigh sa~e !le had
been associated with the timeshare operation
appl'ox.Lnately three years. Mr. Lamoureux said the
records indicate that someone from Sunrise Bay
Resort hd~ been aware of this situation since
August, 1989 and he asked if there was anything
about a t~meshare and the management of a timeshare
that wO-ldd have prevented 6.ct.:uc! before now? Mr
~e~gh said tllat Sunrise Bay Reso t was jl1S~ in
transition out of developer ccnt:co~ ':',do .d".;t-
control and the Associatick was be121g told :)~I the
ples.:'.dent of the developel, who was also president
of the Board of Directors of the Association, that
everything was fine and that the application had
been submitted in August.
Mr. Strain said the fact that the under area of the
building was allocated to parking when the project
was originally designed was probably because below
a certain flood elevation no facilities like offi-
ces or living areas are allowed. He said if that
is the case when Sunrise Bay Resort goes through
site development process they may be told they have
to remove the office anyway and he suggested that
Mr. Leigh may want to investigate if the building
is in violation by having the facility below the
flood elevation, instead of waiting until the plans
for the new parking spaces have been submitted.
Mr. Leigh said he would consider this alternative.
Page
,.,,.,
0"::;
- .-. II-
CODE ENFORCEMENT BOARD OF COLLlER COUNTY
JANUARY 24, 1990
Mr. Smith said that the office was not permitted.
Mr. Leigh showed the plans to the Board and indi-
cated where the office is located.
MOTION:
Made by Mr. Strain that this cause came before the
Code Compliance Board on January 24, 1990 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 as follows:
that Sunrise Bay Resort and Club Condominium
Association, Inc. is the owner of record of the
subject property; that the Code Enforcement ~oard
has jurisdiction over the Respondent; that David
Leigh was present at the public hearing; all
notices required by Collier County Ordinance 88-89_
have been properly issued; that the real property
legally described is Lots 1 and 2, Block 17,
amended Plat of Collier City, is in violation of
Section 7.24, Subsection b.4, Section 8.23 of
Ordinance 82-2 in the following particulars; viola-
tion of zoning ordinance through improper parkin~.
Seconded by Mr. Lazarus. Carried unanimously.
MOTION:
Made by Mr. Strain that conclusions of law that
Sunrise Bay Resort and Condominium Association,
Inc. is in violation of Section of Collier County
Ordinance 82-2; order of the Board based upon the
foregoing findings of fact and conclusions of law
and pursuant to the author i ty granted in Chapter
162, Florida Statutes and Collier County Ordinance
88-89 and it is hereby ordered that the Respondent
correct the violations of Section 7.24, Subsection
b.4, Section 8.23, Collier County Ordinance 82-2 in
the following manner: supply adequate parking
pursuant to the zoning ordinance as outlined in
paragraph 4a of the above findings of fact; that
said corrections be completed on or before May 10,
1990, in 105 days; if Respondent does not comply
with the order on or before that date then in that
event Respondent is ordered to pay a fine of $150 a
day for each and every day for any violation
described herein that continues past that date;
failure to comply with the order within the spe-
cified 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
~nforce the lien. Seconded by Mr. Andrews.
Page 33
CODE ENFORCEMENT BOARD OF COLLIER COUNTY.
ITEM:
MOTION:
MO'l"IOIf:
ITEM:
COMMENTS:
ITEM:
COMMEIfTS :
ITEM:
COMh!.KTS:
JANUARY 24, 1990
During the ensuing discussion, Mr. Strain agreed to
amend the fine to $200 a day for each day for any
violation. Upon call for the question, the motion
carried 6/1, (Mr. Lamoureux opposed).
***
Election of Chairman and Vice-Chairman of the Code
Enforcement Board
Made by Mr. Strain that Mr. Constantine be nomi-
nated for chairman. Seconded by Mr. Lamoureux.
Carried 6/0, Mr. Andrews out of the room.
Made by Mr. Pedone that Mr. Strain be nominated for
Vice-Chairman. Seconded by Mr. Constantine.
Carried 6/0, Mr. Andrews out of the room.
***
Expiration of Board terms
Ms. Wilson noted that the terms for Mr. Andrews and
Mr. Strain expire February 14, 1990 and that there
is a requirement to advertise for those positions.
She said that Mr. Strain and Mr. Andl.ews have sub-
mitted letters requesting reappointment to the Code
Enforcement Board and that they are both qualified
to be reappointed. She said that February 2, 1990
:,3 ee c,::: off date tel .t'eceive appJ:czttions a.nd
that the Board of County Comffiissioners will make
the decision as to who will serve on the Board.
***
Apprecia~ion expressed to Ms. ConnelJ.y
Mr. Constantine expressed appreciation on behalf of
the Code Enforcement Board to Ms. Darlene Connelly
for all she did during the past year in her service
to the Board.
***
Compliance Services Manager Report
Compliance Services Manager Haywood Boyce reported
statistics related to the code enforcement side of
Page 34
"
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
JANUARY 24, 1990
'-
r
the Compliance Services Department. He said in
1989 there was the management of 35,000 zoning
cases inc:uding recheck zoning violations which is
an increase of 50~ over the previous year. He said
during 1989 Mr. Clark has had certified eight
investigators with three to be certified. He
reported that over 700 lots were mowed and added
the administrative fee has been raised from $25 to
$100 plus $45 standard lot mowing fee. He said 87
liens were assessed against property in Collier
County, noting staff has been working on a backlog
of liens and it is the goal of staff to reduce the
backlog ~o not more than 90 days from the date the
lot is cut and the County does not get paid. He
stated that 95 enforcement cases have been in the
court system with 100% success. He said staff has
been doing occupational licensing investigation for
the first time and 350 cases were handled. He said
Mr. Clar~ has implemented the new minimum housing
code inspection system with one person doing
approxi~ately 300 dwelling unit inspections and
about 70 dwel:ing units have been demolished
throughout Collier County. He thanked the Board
members fer the part they play in the Compliance
Services efforts.
'-
***
Mr. ConstQntine indicated that the next meeting
date will oe February 22, 1990 at 9:00 A.M.
There being no further business, the meeting was adjourned by
Order of the Chair.
'\
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Page 35