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CEB Minutes 02/22/1990 1990 Code Enforcement Board February 22, 1990 , " .. CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: February 22, 1990 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS LAZARUS CONSTANTINE LAMOUREUX PEDONE STRAIN WILLIAMS X X X X X X X CLARK MARALICH SMITH X X X MINUTES BY: Elinor Skinner, Recording Secretary CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 10:50 A.M. PRESIDING: Timothy Constantine ADDENDA TO THE AGENDA: None Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 22, 1990 ITEM: Minutes of January 24, 1990 MOTION: Made by Mr. Strain that the minutes of January 24, 1990 be approved as presented. Seconded by Mr. Andrews. Carried unanimously. *** ITEM: Case No. CEB 90-007 COMMENTS: Mr. Clark explained that case 90-007 has been dismissed. *** ITEM: Mr. Clark said staff recommends that cases 90-005 and 90-012 be dismissed and that case 90-006 be continued until the April CEB meeting. Consensus to do this. *** ITEM: Case No. 90-008 COMMENTS: Mr. Smith, Compliance Services Coordinator, stated that the recorder and the Board have been given Composite Exhibit "A" and he requested this be admitted into evidence. Consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-008. Mr. Smith explained that J. P. and Linda J. Delphey are owners of 346 Capri Boulevard, Isle of Capri, Florida. He said that the respondents have been pro- perly notified as required by ordinance. He said on July 7, 1989 a complaint of violation in legal setback was received and Investigator Thurston discovered no permit was posted. He said Mr. Delphey did not have a permit but was unable to obtain non-conforming use and that on July 9, 1989 Mr. Delphey came to his office and Mr. Clark granted an extension. Mr. Delphey signed a notice and stipulation at that time, Mr. Smith stated. Mr. Smith said an extension was granted to January 7, 1990 and that Mr. Thurston found that the violation still exists. Mr. Delphey stated that he has a very small lot and house on Isle of Capri with the lot 25 feet wide. He Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: FEBRUARY 22, 1990 said the house is a swiss style chalet A-frame, and that he had a porch on the front facing the street which he enclosed and added a 9x12 foot addition with a roof and slab which he acknowledge he did without a permit. He said that through negotiations with all building departments and numerous trips to the County offices the crux of the matter is that his lot is a unique situation in that this section of Isle of Capri is zoned commercial zoning and his house is not a business. Mr. Clark described the situation as being that before Mr. Delphey purchased his home the prior owner had a business for which he had obtained an occupational license to sell fishing gear and bait to create an impression that he was running a business and that Compliance Services found there was no permit obtained for Mr. Delphey's construction of his addition. Mr. Delphey agreed to Mr. Clark's statements. Mr. Clark asked if Mr. Delphey felt he could resolve his difficulties if he were to be granted 60 days and Mr. Delphey said that would be fair. Mr. Delphey explained he is in the process of trying to purchase land next door because there is a stipulation that he must have handicapped parking at, presently, there is no room for such a requirement. Responding to Mr. Strain, Mr. Delphey said he tried for months to obtain a permit and that he did not think he needed one for merely enclosing the porch. However, it was pointed out that Mr. Delphey expanded the size of his porch. Mr. Delphey said he was informed by the former owner about his obtaining an occupational license and he also paid $30 for such a license though he had no intention of selling bait and tackle from his residence. Made by Mr. Andrews that Case No. 90-008 came before the CEB on February 22, 1990 and the Board having heard testimony issued Findings of Fact that J. P. and Linda J. Delphey are owners of subject property and CEB has jurisdiction of respondents and they were pre- sent. All notices required have been properly issued and the property is located at 346 Capri Boulevardf Isle of Capri business section in violation of Section 10.2 Collier County Ordinance 82-2 as amended and that Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 22, 1990 the original structure was altered without a permit. Seconded by Mr. Strain. Mr. Strain questioned if a return certification of notice was received. Mr. Clark pointed out that the notification is only issued if a person does not appear and once the person appears that right is waived. Mr. Lazarus recommended that Paragraph 3 of the Findings of Fact read that the respondents appeared at the hearing and presented their evidence before the Board and Assistant County Attorney Manalich concurred with that recommendation. Upon call for the question, the motion carried unani- mously. MOTION: Made by Mr. Andrews that P. J. and Linda J. Delphey are in violation of Sect~on__.l0. 1 of Col_l;i,el:'J~ounty Ordinance 82-2 as amended and the order based upon the foregoing testimony and pursuant to the authority granted in Chapter 62, Ordinance 82-89 that the respondents correct violation of Section 10.2 of Collier County Ordinance 82-2 as amended by removing the illegal structure or obtaining a building permit and said correction be completed on or before 60 Days, April 24, 1990, and if respondents do not comply on or before that date they are hereby ordered to pay $100 for each day the violation continues and that failure will result in a recordation of lien pursuant to Chapter 152 which may be foreclosed and that the pro- perty sold to resolve the matter. Seconded by Mr. Williams. During the following discussion, the members felt that 60 days is a short period of time to achieve what needs to be done to remedy this situation. Mr. Andrews agreed to amend his motion to read 90 days. Upon call for the question, the motion carried 4/3, (Mr. Lazarus, Mr. Pedone and Mr. Constantine opposed.) *** ITEM: Case No. 90-009 COMMENTS: Mr. Smith said that the Board and recorder have been given Composite Exhibit "A" for case 90-009 and he asked that it be admitted into evidence for this case. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: FEBRUARY 22, 1990 Mr. Smith read the charges as violation of Sections 711b.4 and 10.7 of Ordinance No. 82-2, the Collier County Zoning Ordinance which is an improvement of a structure without a proper permit to convert the lower portion of a stilt home. He said that the violation was observed on February 6, 1989 and that Mr. Delbert E. White was given Notice of Violation on June 26, 1989 with the stipulation that the violation to be corrected by December 10, 1989. Mr. Delbert E. White was sworn in and gave his address as 580 Coconut Street, Goodland, Florida. He said that the property he owns was enclosed in the bottom. He said he has applied for a permit. His application for a permit was admitted as evidence. Mr. Smith stated that the purpose of the construction covered by the permit is to put water vents in and a garage door, adding if the garage doors are breakaway he would have no problem with that part of the application. He said that the bottom area is living and income and the per- mit would not correct this violation. Mr. White said that those persons living in the area under question have been given notice to move which was done as soon as he received the violation notice. He said that they have left. He explained that he removed the stove and the refrigerator from that area. Mr. Clark recommended that Mr. White be given 60 days to allow him to correct his violation and that he install a garage door and vents as the permit would allow and that no further living quarters be in existence. He said failure to do this would result in $100 a day fine. Made by Mr. Pedone that Findings-of-Fact in Case No. 90-009 be that this case came before the CEB on February 22, 1990 and the Board heard testimony and recommendation and that CEB has jurisdiction and that Delbert White was present; all property notices were issued for real property described as Lot 28, Block A, Goodland Isles and that this property is in violation of Section 7.11b4 and 10.7 of Ordinance 82-2 in that the particular improvement was done to the structure without a permit and converted into living quarters. Seconded by Mr. Lazarus. Motion carried unanimously. Made by Mr. Pedone that the Conclusion of Law is that Mr. White is in violation of Section 7.11b4 and 10.7 Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 22, 1990 of Ordinance 82-2 based upon foregoing Findings-of-Fact and that these violations are to be corrected by the respondent by removal of improvement and aranting of permit as outlined in Paragraph 4.a and that said correction be made before April 24, 1990 and if not a fine of $100 a day for each day the violation continues be levied; failure to comply will result in the recordation of lien pursuant to Chapter 162 which may be foreclosed and said property be sold to satisfy the lien. Seconded by Mr. Lazarus. Carried unanimously. *** ITEM: Case No. 90-011 COMMENTS: Mr. Smith presented Composite Exhibit "A" and said that the recorder and the Board have copies of this exhibit. He asked that it be admitted into evidence for this case. Mr. Smith said that Mr. James R. Blattenberger is charged with violation of the litter ordinance, Sections 5, 6, and 7 and that he is the owner of pro- perty at 1180 Golden Gate Boulevard, Naples, Florida. He said the violation was first observed on December 28, 1989 and on January 15, 1990 the violation still existed. Mr. Blattenberger was sworn in and gave his address as listed above. He said that he had read the statement regarding the conditions of his yard and that basi- cally he agrees with the statement. He said he restores old cars and has agreed to place them under a shelter but he is hampered by not having the money at this time to do this. He said that the vehicles in the back have been registered and that he has removed some of the debris. Mr. Clark stated that this violation has been ongoing for some time and he recommended that Mr. Blattenberger be given 15 days to remove the rest of the violation and if not, a fine of $150 a day be imposed. During the ensuing discussion, Mr. Blattenberger said that he did not think 15 days is enough time for him to entirely resolve the violation. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: FEBRUARY 22, 1990 Made by Mr. Lazarus that the Findings-of-Fact in Case No. 90-011 are that this cause came before the CEB on February 22, 1990 and the Board heard testimony, recommendation and that evidence was heard; that James R. Blattenberger is the owner of record; that CEB has jurisdiction and that ~e was present and all notices required in Ordinance 88-89 have been properly given; that the real property is legally described as 1180 Golden Gate Boulevard Naples Florida,; and that the violations are Sections 5, 6 and 7 of Ordinance 88-45 unauthorized and illegal accumulation of trash, debris, refuse, and litter. Seconded by Lamoureux. During the discussion that followed, Mr. Blattenberger was instructed that simply placing a tarp over the engines is not sufficient to remove the violation. Upon call for the question, the motion carried unanimously. Made by Mr. Lazarus that the Conclusions of Law is that Mr. Blattenberger is in violation of Sections 5, 6 and 7 of Ordinance 88-45 based on the foregoing Findings-of-Fact; that the respondent is ordered to correct violations by removing trash, debris, refuse and litter outlined above said correction being done on or before March 9, 1990 and if respondent does not comply on or before that date a lien may be recorded on the property which may be foreclosed and the sub- ject property may be sold to enforce the lien. Seconded by Mr. Andrews. During the ensuing discussion the members requested that some language being included in the Conclusions of Law to cover repeated violations. Mr. Strain expressed his concern how antique engine parts are included as litter. Mr. Manalich said that the solu- tion is to properly contain these items such as in a building. Mr. Lazarus suggested relative to Paragraph A, remove trash, refuse and litter from the subject property and act to avoid any repeated violation. Mr. Blattenberger referred to a car he had in the back yard of his home noting that it was definitely red tagged and he wanted to know if this is the way the matter will remain or will it recognize that this violation pertains only to property in Golden Gate City. Mr. Constantine said if there is a red tag received and a person is not under that ordinance the Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 22, 1990 person is not in violation. He said he assumed no red tag would be issued unless that is what the ordinance said. - Upon call for the question, the motion carried 6/1, (Mr. Strain opposed). *** ITEM: OLD BUSINESS - Walta J's Mr. Strain requested an update on Walta J's, a case heard by this Board recently. Mr. Clark said that he submitted an ordinance in conjunction with the Collier County Sheriff Department to the County Attorney's office to regulate business hours of establishments called bottle clubs to be similar to other businesses that have alcoholic licenses and added if this ordi- nance is passed by the Board of County Commissioners Mr. Ramaro would be impacted regarding operation of business. He explained an alternative is that exploration will be made that should the violation not cease, the possibility of obtaining injunction relief through Circuit Court will be made. He said currently the fines are accruing. He said that the owners have filed notice to evict the tenants which is a lengthy process. ITEM: Terrace Nursery In response to a question by Mr. Strain, Mr. Clark said that an update on the matter of Terrace Nursery is being reviewed by the County Attorney's office and insurance carried. *** There being no further business to come before the Board, the meeting was adjourned by Order of the Chair. BOARD OF COUNTY Page 8