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CEB Minutes 04/26/1990 1990 Code Enforcement Board April 26, 1990 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA DATE: . . April 26, 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 RECORI__ 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. PUBLIC HEARINGS A. Board of County Commissioners vs. Azryel Katz; Case No. CEB 90-020 B. Board of County Commissioners vs. Thomas W. Brooks and Judith J. LaValle-Brooks and Azryel Katz; Case No. CEB 90-021 C. Board of County Commissioners vs. Azryel Katz; Case No. CEB 90-022 D. Board of County Commissioners vs. Royce'~. Stallinqs; Case No. CEB 90-023 E. Board of County Commissioners vs. Imperial Wilderness. Inc., Robert William McCarthY (Director/v.p.); Case No. CEB 90-024 F. Board of County Commissioners vs. Robert W. McCarthy. Trustee; Case No. CEB 90-025 G. Board of County Commissioners vs. John M. Dearien and Lisa S. Dearien; Case No. CEB 90-026 H. Board of County Commissioners vs. KKP Corporation, John Kumicich. President; Case No. CEB 90-027 J. K. L. M. N. o. I. Board of County Commissioners vs. Jack W. Craft. Jr.. Bettye R. Craft and James W. Craft; Case No. CEB 90-028 Board of County Commissioners v. Gary D. Wittenberq and Ma:rilynn Wit~enb~;-g.i Case No.. CEB 90-029_~~__.~.~ Board of County Commissioners v. Clarence A. wittenberq and Mabel Wittenberq; Case No. CEB 90-030 Board of County Commissioners v. Gary D. wittenberq and Marilynn Wittenberq; Case No. CEB 90-031 Board of County Commissioners v. Gary D. wittenberq and Marilynn Wittenberg; Case No. CEB 90-032 Board of County Commissioners v. Gary D. Wittenberq and Marilynn Wittenberg; Case No. CEB 90-033 Board of County Commissioners v. Gary D. wittenberq and Marilynn Wittenberg; Case No. CEB 90-034 4. OLD BUSINESS 5. NEW BUSINESS 6. REPORTS 7. NEXT MEETING DATE Scheduled for May 24, 1990, at 9:00 A.M. 8. ADJOURN DATE: TIME: PLACE: CODE ENFORCEMENT BOARD OF COLLIER COUNTY April 26, 1990 9:00 A.M. 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB ANDREWS CONSTANTINE LAMOUREUX LAZARUS PEDONE STRAIN WILLIAMS STAFF PRESENT X X * X ABS X X X CLARK MARALICH SMITH X X X *Arrived at 9:05 A.M. Mr. Lazarus absent as reflected by a 6/0 vote. MINUTES BY: Carol McClenathen and Ellie Hoffman, Deputy Clerks CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 1:45 P.M. PRESIDING: Timothy Constantine, Chairman ADDENDA TO THE AGENDA: None Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 I"rJUII: Meeting called to order by Vice Chairman Mark Strain. I'l'EM: Approval of Agenda with the following changes: Two additional unnamed items were added in addition to a Workshop to update the Code Enforcement Board on Tari's Nursery. (Requested by Mr. Strain and staff). MOTIOR: Consensus of approval of the Agenda with the addition of the workshop. *** CUE 1fO: CEB 90-020 USPeItDlb'lT : Azryel Katz LOCATIOB 01' VIOLATIOR: 510 AIUleCiia Court Marco Island, PL 33937 nOLAnGll: Section 8.46b of Ordinance 82-2 eel. ...,.,,~: Mr. Bill Smith, Compliance Services Enforcement Coordinator, indicated that Exhibit "A" has been given to the Board and the Recorder and he requested that it be admitted into evi- dence. There being no objection by the respondent the consensus was to admit Composite Exhibit "A" into evidence for case No. 90-020, Azryel Katz respondent. Mr. Smith said the respondent was properly notified as required, and is present, and is charged with being in violation of Collier County Ordinance 82-2, Section 8.46b and is the owner of record of 510 Alamedia Court, Marco Island, FL. Mr. Smith indicated that Mr. Katz has complied and will stipulate that there was a violation and that the violation will not occur again. Upon being sworn in Mr. Katz indicated that he was the owner of the property as described, and that he did park a boat so that it protruded more than twenty feet into the waterway. Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Indicating that Mr. Katz has sold the boat, Mr. Smith said the he is no longer in viola- tion of this ordinance at this address. Mr. Smith recommended that should this viola- tion recur at this address that a fine of $100/day for every day the violation occurs be imposed. Mr. Katz indicated he has worked with the County in trying to find an agreeable way to handle the situation, and indicated that there should be no further problem. He further indi- cated that he does not feel he should pre-agree to any fine and Mr. Smith indicated that Mr. Katz would still have the option of applying for a variance at any time. Mr. Clark indicated that no one has a "grace" period, and that he feels the County extended considerable patience in getting this matter cleared up. He continued by saying that the fine indicates the County is going on record as acknowledging there was a violation, that the violation no longer exists, and that it does not want to waste tax dollars on repeat violators. Made by Mr. Strain that the Pindinas of Pact in Case Ro. 90-020 are that this case ~ before the CEB on Apr i I 26, I 990 , and the Board heard testiaonv under oath, reeeived evidence and heard arauaents r~ive to all _tters, thereupon issued its l'i1l4illas-of- Pact; that Azryel Katz is the o.ner of subject property; that the CEB has jurisdiction over the respondent; and that Azrve I Katz was pre- sent at the Public Hearing'; all notices re- quired by Collier County Ordinance Ro. 88-89 have been properly issued; the property located at 510 Alaaedia Court, Marco Island, Fl., was in violation of Section 8.46b of Collier County Ordinance 82-2 as amended in the following' particulars: boat protru- ding' acre that twenty teet into the waterway. Seconded by Mr. Andrews. .-TI" : Upon Call for the question, the motion carried 6/0. Page 3 CODE Dl'OltCEME1fT BOARD OP COLLIER COUNTY APRIL 26, 1990 Made by Mr. Strain that the conclusions of Law are that Azryel Katz was in violation ot Section 8.46b of Collier County Ordinance Ro. 82-2 as aaended, based on the foreaoiq Pindinas-of-Pact; the respondent bas cOJaPlied and corrected the said violations by per- ~tly removing the boat protruding in ~he waterway: and in the event ot recurreDce is hereby ordered to pay $100/daY tor each and every day any violation described herein con- tinues; tailure to co~ly with the order within a specitied tiae will result in the recording' of a lien on the property which may be foreclosed and the subject property may be sold to enforce the lien. Seconded by Mr. Andrews. Carried 6/0. MCn':IO.: *** CUE 110: CEB 90-021 _.v.DB1I~ : Thomas W. Brooks, Judith J. Lavelle-Brooks, and Azryel Katz LOCAn_ OF VIOLATIOK: 749 Korth Bartield Drive Marco Island, PL 33937 nel.&u_: Section 8.46b of Ordinance No. 82-2, the Collier County Zoning Ordinance. C..~.IS: Mr. Bill Smith, Compliance Services Enforcement Coordinator, stated that the recorder and the Board have been given com- posite Exhibit "A" and he requested this be admitted into evidence. There being no objec- tion by the respondent the consensus was to admit Composite Exhibit "A" into evidence for Case No 90-021, Mr. Thomas W. Brooks, Judith J. Lavelle-Brooks, and Azryel Katz respon- dents. Mr. Smith said that the respondents were pro- perly notified as required, and that Mr. Katz is present, adding that Mr. and Mrs. Brooks, and Mr. Azryel Katz are charged with being in violation of Collier County Zoning Ordinance No 82-2, Section 8.46b. He noted for the record that the parcel is located at 749 Barfield Drive, Marco Island, Fl 33937. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Mr. Smith continued by saying that Mr. Katz has moored a pontoon boat to protrude more than twenty feet into the waterway in the rear of the above residence. Mr. Smith indicated that Mr. Katz is not the owner of the residence, and that a FAX received by the County from the homeowners indicated that they have not given permission for the boat to be moored at their property, however, Mr. Katz's employee is renting this residence and gave him permission to moor the boat at this site. Indicating that this is the same boat that was protruding more than twenty feet into the waterway in Case No. CEB 90-020, Mr. Constantine asked the County Attorney if the motion for CEB 90-020, for the same respondent and the same boat could be applicable to this case. Mr. Manalich responded by saying that since there are two different cases there should be two different motions, but feels that they could be combined upon motion of the Board. Upon being sworn in Mr. Katz indicated that he did moor the boat in the rear of the above mentioned residence and that it did protrude more than twenty feet. Mr. Smith recommended that the CEB make the same finding as in 90-020, however, he indi- cated that they may want to include in the Findings-of-Fact "at this site or any other unincorporated areas of Collier County". Mr. Katz noted that next door to the location of the boat he moored, which was at the end of a waterway, and not a navigable hazard, are two sail boats parked in tandem, and both protrude more than twenty feet in the water- way. Indicating that he has lived on the island for more than three and one-half years he stated they have always been moored like that. Thus, he continued, he wants the record to show that he feels he may be subject to closer scrutiny due to having taken one day longer than allowed to move this boat from the location as cited in 90-020. Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Referring to Mr. Katz's statement, Mr. Smith indicated for the record, that the investiga- tors respond by assignment through a complaint process. Indicating that the investigator handles about fifteen violations per day, and usually respond within forty-eight hours to any complaint, Mr. Clark indicated that he has authorized the investigator to follow up on any incidents. Responding to Mr. Lamoureux's question, Mr. Katz indicated that the boat had not been sold at this point because it had only one engine which was not operable, and because it is fifty feet long and twenty feet wide, cannot be maneuvered on one motor. Mr. Katz further indicated that the boat had been towed from the Alamedia address to the Barfield Drive address because he could not find a slip for it. He stated that the closest place he could find a slip for it was Port of the Isles, however he could not find a boat to tow it there. Mr. Katz concluded by saying that he could have left it in the middle of Robert's Bay, and not been in violation of any ordinance, however, he did not feel that was appropriate, due to the type of homes that overlook the bay. .-rxetf : Made by Mr. Strain that the Pindings-ot-Pact in Case Ro. 90-021 are that this Catle calM! before the CEB on Apri I 26, 1990, aftd the Board heard testiJaOnY UDder oath, received evidence and heard ardu.ents resDeCtive to all aatters, thereupon issued its l'indinas-of- Fact; Mr. and Mrs. Thcmas W. Brooks are the owners ot the subject property; that Azryel Katz was the owner ot the boat in violation; that the CEB has jurisdiction over the respon- dents; that Mr. Azrvel Katz was present at the Public Bearing'; that all notices required by Collier County Ordinance Ro 88-89 have been properly issued; the boat aoored at property located at 749 Rorth Barfield Drive, Marco Island, Plorida was in violation ot 8.46b of Collier County Ordinance 82-2 as -.ended in the tollowing' particulars: boat protruding' aore than twenty teet into the waterway. Seconded by Mr. Andrews. Page 6 CODE Dl'OltCEME1fT BOARD OF COLLIER COUNTY APRIL 26, 1990 Upon Call tor the question, the motion carried 6/0. MO'!'XOlI : Made by Mr. Strain that the Conclusions ot Law are that Azryel Katz was in violation of 8.46b Collier County Zoning Ordinance Bo. 82-2 as aaeDded; batIed on the foregoillG l'i1l4illGS-of- Pact; the respcmdeftt is ordered to correct the violation ot Section 8.46b, Collier County Ordinance Ro. 82-2 as .-ended by re~val of the boat troa anywhere where it could violate the ordinance in the unincorporated area ot Collier County; that said corrections be completed on or before April 27, 1990, and if respondent does not coaply on or before that date, the respondent is ordered to pay a fine of $100/daY tor each and every day any viola- tion described herein continues past the date. Pailure to coaply with the order in the speci- fied tiae will result in the recording ot a lien pursuant to Chapter 162 Florida Statutes, which 1IBV be toreclosed and the respondents property sold to enforce the lien. Seconded by Mr. Laaoureux. Opon Call tor the question, the .otion carried 6/0. Mr. Lamoureux asked the CEB who would be responsible for the fine, should one have to be imposed; the owner of the property or Mr. Katz. Mr. Strain indicated his motion stated that Mr. Katz would be responsible for the fine, but should he fail to pay the lien it would go against the property. *** CASE 1fO: CEB 90-022 USPOIfIJlUrt : Mr. Azryel Katz LOCATIOlI 01' VIOLATION: 275 Piji Court, Marco Island, FL 33937 VIOLATION: Sections 1, 4c, and 6 of Ordinance No 81-42, the Collier County Occupational License Ordinance, and Section 9.7c.4 of Ordinance No. 82-2, the Collier County Zoning Ordinance. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 CGI.11JIfS: Mr. Bill Smith, Compliance Services Enforcement Coordinator, stated that the Recorder and the Board have been given Composite Exhibit "A" and he requested it be admitted into evidence. There being no opposi- ton from the respondent, consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-022, Mr. Azryel Katz respondent. Mr. Smith said the respondent was properly notified as required, and is present, adding that he is charged with being in violation of Collier County Ordinance 81.42, Sections 1, 4c, and 6, and Collier County Ordinance 82-2, Section 9.1c.4, and is the owner of subject property. Upon being sworn in, Mr. Katz indicated to Mr. Smith, with regard to Sections 1,4c, and 6 of Ordinance No. 81-42, that he did not operate a business from 215 Fiji Court without a license. Mr. Katz stated that the business cards that say Hotel Recreation Management at 215 Fiji Court were printed for him, however, Hotel Recreation Management is not the busi- ness, but just a name under Recreational Facilities of America. Mr. Smith referred the Board to the copy of the card as shown on Page 15 of Exhibit "Aft, and Mr. Katz indicated that Hotel Recreation Management is not a legal entity, but just a name as stated previously. He further noted that there is an Occupational License for Recreational Facilities of America. Mr. Pedone indicated to Mr. Katz that if Hotel Recreation Management is doing business under Recreational Facilities of America, it must be licenses as a d/b/a, which requires newspaper advertisements and an Occupational License, thus two licenses are needed. Mr. Katz indicated that in light of this information he agrees that he is in violation. Mr. Katz, in clarifying Recreational Facilities of America, indicated that he has dropped the name Hotel Recreational Management, since it does not serve the Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 marketing of the business any better than the corporate name, therefore, the Hotel Recreational Management name is no longer in use. Mr. Smith indicated that Mr. Katz was also in violation of illegal parking of boats and trailers. Mr. Katz responded that he operates under contract with Collier County at Tigertail Beach for windsurfing, motor boats, waverunners, and catamaran lessons. There is, he continued, a very fine line in what they keep there, and noted that they cannot get any United Parcel Service or Mail Service on the beach. Mr. Katz continued by explaining that when they have repairs or dropoffs from time to time, there needs to be a drop off point other than the beach. Therefore, he added, they will bring it to 275 Fiji Court, because he has an office there. Sometimes, he noted, there are items in the yard for a day or two, and he has never had any complaints from any neighbors. Since he owns the property, he added, he would not do anything to downgrade the area, and feels that he has done nothing to violate the ordinance. Mr. Clark indicated that if this is a commer- cial enterprise, it should be in a commer- cial neighborhood and the county prefers its vendors try to remain above the law. He further indicated that he recommends that should the violation reoccur, a $150/day fine per vehicle be imposed for every day the violation exists. Mr. Strain asked if there is an allowance in the ordinance, which would permit loading and unloading, and Mr. Clark indicated affir- matively and stated that he intended to give Mr. Katz a copy of the ordinance. Mr. Strain noted that if Mr. Katz no longer operates a business out of the property at 275 Fiji Court, the violation of the occupational license is mute. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Mr. Smith indicated that he would like Mr. Katz to be advised that if he ever operates a business at that location, he will be fined as per Mr. Clark's recommendation, and suggested it be made a Finding-of-Fact. Mr. Pedone expressed his concern because the violation is not necessarily the United Parcel deliveries or the receipt of mail, but the boats and trailers that are being stored in the yard next to the residence. Noting that the investigator had given him ten days to get the boat and trailers moved and all was moved by late January 1990, Mr. Katz indicated there is nothing on the property at this time and although there is a trailer in a driveway next door, it does not belong to him. Made by Mr. Andrews that the Findings-ot-Fact in Case Ro. 90-022 are that this case became before the CEB on April 26, 1990, and the Board heard testiaonv under oath, received evidence and heard arawaents respective to all aatters, thereupon issued its l'indinas-ot- Pact; that Azrvel Katz is the owner of record ot subject property; that the CEB has juris- diction over the respondent; and that Mr. Katz was present at the Public Hearina; all notices required by Collier County Ordinance .0. 88-89 have been properly issued; the pro- perty locat:ed at 275 Piji Court, Marco Island, FL was in violation ot Sections 1, 4c, and 6 of Collier County Ordinance No. 81-42, and Sections 9.7c.4 of Ordinance 82-2 _ _I'lded in the followina particulars: illeaal parking' of boats and/or trailers, failure to display an occupational license. Seconded by Mr. Pedone. MO'rl:01I : Upon Call tor the question, the ~tion carried 6/0. MO'rl:OlI : Made by Mr. Andrews that the conclusions ot Law are that: Azryel Katz was in violation ot Sections 1, 4c, and 6 of Collier County Ordinance .0 81-42, and Sections 9.7c.4 of Ordinance 82-2 as aaended based on the toreaoinQ Pinding's-ot-Fact; the respondent has Page 10 CODE ElIPORCEMElIT BOARD OF COLLIER COUNTY cu. 1fO: ~: APRIL 26, 1990 complied and corrected said violations by re.oving' the boats and trai lers, and by agreeing' not to obtain and properly display an Occupational License on or before April 27, 1990, and should respondent not cOJaPlv on or before that date, or should there be any recurrence he is hereby orderecJ ~e pay a tine of $150/dav tor each and every boat, for each and every day the violation described herein corrtinues; failure to ccmply wi~h the order within a specitied ti_ will res1llt in the recording ot a lien on the property which 1IaY be toreclosed and the subject ItrODer'ty -.y be sold to enforce the lien. Seconded by Mr. Pedone . Mr. Constantine reiterated that this motion does encompass both locations. Mr. Lamoureux then asked the Assistant County Attorney if this Finding-of-Fact and Conclusion of Law could be made applicable to any other locations Mr. Katz might use on Marco Island. Mr. Manalich indicated that the order must be site specific. Mr. Clark, responding to a question from Mr. Katz indicated that he would have twenty-four hours to remove a violation after receipt of the notification. Upon Call for the question, the action carried 6/0. *** CES 90-023 LOCA2'X_ CD' VIOLA2'XOB: Royce O. Stallings, Jr. 1'he Iftf 1/4 ot the SW 1/4 and If 1/2 ot the SW 1/4 ot Section 4, 'l"oImship 50 South, Range 26 East, Collier County Florida, less and except the Right-ot- Way for S.R. ft4. VIOLATIOII : Sections 10.2, 10.5b, 10.7 of Ordinance No. 82-2, the Collier County Zoning Ordinance. Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 cml..A IS: Mr. Bill Smith, Compliance Services Enforcement Coordinator, stated that the Recorder and the Board have been given Composite "A" and he requested this be admitted into evidence. Consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-023, Mr. Royce O. Stallings respondent. Mr. Smith said the respondents were properly notified as required, and are not present, adding that Mr. Stallings is charged with being in violation of Sections 10.2, 10.5b, 10.7 of Collier County Ordinance 82.2 and is the owner of record of the NW 1/4 of the SW 1/4 and W 1/2 of the SW 1/4 of Section 4, Township 50 South, Range 26 East, Collier County Florida, less and except the right-of- way for S.R. #84. Mr. Smith noted that Mr. Stallings has been repeatedly advised that the following viola- tions: structure erected without Site Development Plan; structure erected without permit; and Commercial business on premises without Site Development Plan, must be corrected. Continuing, Mr. Smith stated that Mr. Stallings erected a Chickee hut and opened a commercial business without obtaining proper permits or approval. On January 11, 1990, at the above location, he said the investigator found the Chickee Hut being utilized as a fruit stand, and after talking with the manager, Mr. Rick Oates, found there was no Building Permit or Occupational License on site. Mr. Smith stated that the investigator observed that on January 12, 1990, an Occupational License had been posted but there was no Building Permit. He continued by saying that on January 17, Mr. Oates was advised that there were violations and that no Site Development Plan or no permit had been posted. A permit for a temporary pole had been obtained for Mr. Stallings by Gary Butler of Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Butler Engineering, Mr. Smith noted, and no further actions have been taken on the part of Mr. Stallings as of March 26, 1990. Mr. Smith asked that the record show that Receipt No. P146122666, Certified Mail, advising Mr. Stallings of the action being taken here today, had been sent and the letter had been signed for by a representative of Mr. Stallings at that address. Mr. Clark recommended that Mr. Stallings be imposed with a $150/day fine because he has had nearly three months to rectify the situation. Mr. William Bolgar, Code Compliance Investigator, upon being sworn in, testified that as of April 26, 1990, 9:00 A.M., Cecelia Martin of the Planning Department indicated that no SDP had been filed on behalf of Mr. Stallings. Responding to Mr. Constantine's question, Mr. Bolgar stated that the Chickee Hut is 16 X 20 feet, and that its value, according to Mr. Osceola is approximately $6,000. Mr. Clark indicated that any structure exceeding $200 in value needs a building per- mit. He also noted that an Indian erecting a building or Chickee Hut on someone else's pro- perty is required to have a Building Permit. Noting that if Mr. Stallings submitted a Site Development Plan in the system tomorrow, he stated that Compliance Services would have no objection. .-rX01I : Made by Mr. Pedone that the Pindings-ot-Fact in Case Ro. 90-023 are that this case caae before the CEB on April 26, 1990, and the Beard heard tetrtillODY under oath, reeeived evidence and heard &rguJRftts respective to all _tters, thereupon issued its l'il'ldinas-ot- Pact; that Royce O. Stallings, Jr. is the OWI'ler ot record of subject proDer'ty: 'tha't the CD has jurisdiction over the respoftdent; and that Mr. Stallings was not present at the Page 13 CODE ElIl'OftCEMElft BOARD OF COLLIER COUNTY APRIL 26, 1990 Public Hearing'; all notices required by Collier County Ordinance No. 88-89 have been properly issued; that the property located at the MW 1/4 of the SW 1/.& and W 1/2 of the SW 1/4 of the SW 1/4 of Section 4, Township 50 South, Ranae 26 East, Collier County Plorida, less and except the riQht-of-way for SIt ..,4, is in violation ot Section 10.2, 10.5b, and 10.7 of Collier County Ordinance .0. 82-2, as aaended in the tollowing' particulars; that a structure erected without a Site Degelopaent Plan, a structure erected without a Perai t , and a C~rcial Busilless on the preaises without a Site DeveloDJBent Plan. Seccmded by Mr. Andrews. Upon Call for the question, the action carried 6/0. Made by Mr. Pedone that the Conclusions ot Law that Royce O. Stallings, 3r. is in violation of Section 10.2, 10.5b, and 10.7 ot Collier County Ordinance 82-2 as amended, based on the toregoing' Pindinas-of-Fact; the respondent is ordered to correct the violation on or betore April 27, 1990, and in the even~ ot non- c~liance on or before the date, respondent is ordered to pay a tine of $150/day tor each and every day the violation described hear in continues; failure to co~ly with the order within a specified time will result in the recording of a lien on the property which may be toreclosed and the subject property aay be sold to entorce the lien. Seconded by Mr. Andrews. .-rY0JI : Mr. Strain noted that there can be a sub- mitting of the SDP and the Commercial license application and those two applications can continue through the system in a timely manner. Assistant County Attorney Manalich indicated that the motion may need more clarification, and Mr. Pedone noted that if Mr. Stallings had wanted to rectify the situation, he would have done it prior to the CEB meeting, and would not have waited until after the hearing. Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Mr. Strain indicated he feels that if staff is content with the submittal of a complete package, he would like to amend the motion to grant a forty-eight hour stay. Mr. Pedone indicated that he still teels that Mr. Stallings has had plenty ot tiae and the motion as it stands is tair. Mr. Andrews indicated that he agrees with Mr. Pedone and would like his second to the aotion to stand. Upon Call tor the question, the motion carried 5/1. (Mr. Strain opposed.) *** *** Recessed at 10:10 A.M. Reconvened at 10:20 A.M. *** CASE 110: CEB 90-024 Imperial Wilderness, Inc. Robert William McCarthy (Director/V.P.) ItESPOlIDElft' : LOCATYOW OP VIOLATIOR: That portion of the Northwest Quarter (NW 1/4) of the Southwest quarter (SW 1/4) lying south of U.S. Highway #41 (Tamiami Trail) and that portion of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), lying South of U.S. Highway #A41, Section 12, Township 51 South, Range 26 East, Collier County, Florida; AND Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 12, Township 51 South, Range 26 East, Collier County, Florida. LESS THE FOLLOWING DESCRIBED PARCEL Starting at the Northwest corner of the property at the intersection of the South Right of Way of U.S. 41 and the West line of Section 12, Township 51 South, Range 26 East, Collier County, Florida; and proceeding Southerly along the Section line for approximately 870 feet, thence Easterly for 330 feet, thence Northerly Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 for 660 feet, thence Westerly along U.S. 41 southerly Right-of-Way and comprising approximately 5.8 acres. Section 7.19b4 of Collier County Ordinance 82-2 VXOLATY01f: COIB_lII"f'S: Mr. Bill Smith, Compliance Services Enforcement coordinator, stated that the Recorder and the Board have been given Composite Exhibit "A" and he requested this be admitted into evidence. There being no objection from the respondent, consensus was to admit Composite "A" into evi- dence for Case No. 90-024, Mr. Robert W. McCarthy, respondent. Mr. Smith said the respondent was properly notified as required, and is present, adding that Mr. McCarthy, is the Owner of record and the Director of Imperial Wilderness and is charged with being in violation of Collier County Ordinance 82-2, Section 7.19b4. Mr. Smith continued by saying that Mr. McCarthy is using the area as a storage site for vehicles and equipment without a proper variance change. Upon being sworn in, Mr. McCarthy explained that the site was a sewage treatment plant five years ago, and that the plant has been removed with the adjacent ponds, and has been relocated on eleven acres just west of the property. When the sewer plant was removed, people were allowed to park their vehicles such as boats, motor homes and recreational vehicles in the area, Mr. McCarthy remarked. Mr. McCarthy stated that he has been in contact with Mr. Clark, who told him what to do to be in compliance, and when the instructions were followed, they still were not in compliance. He further noted that his attorney is currently resubmitting the application. Mr. McCarthy indicated, in response to Mr. Clark, that the property is currently in Page 16 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 violation according to the Ordinances as they are presently written. Further clarifying the situation for the CEB, Mr. Clark indicated that there is a violation, which is recognized by Mr. McCarthy, but that he is in the process of obtaining approval, through an amended PUD. Mr. Strain asked about the fact that Mr. McCarthy had filed the application for the amended pun according to County direction and why it was not in compliance. Mr. McCarthy stated that he and his attorney had followed the directions exactly, and it was rejected with an indication that the application needed to go in a different direction. Mr. Clark indicated that since the violation does exist, the vehicles need to be removed until such time as there is ultimate approval by the Board of County Commissioners. He further noted that he feels the removal of vehicles should be completed within the next five days; that the violation cease until there is an approval; and that a $250/day/per vehicle fine be imposed for failure to comply. Mr. McCarthy indicated that the owner's of the vehicles have, for the most part, returned home from their vacations, or left at the end of the season, and that Mr. Clark's request would pose a real hardship. He further noted for the CEB that there are over 100 vehicles in storage at the current time, and locating the owners will take a great deal of time, because they can only be located by the tags or the registrations. Mr. Strain asked Mr. McCarthy how long it would take him to comply with Mr. Clark's request and Mr. McCarthy indicated that the storage is gratis and often not much is known about the owner, therefore the search for each owner will take a great deal of time. Mr. Greg Robertson of Project Review Services indicated that a zoning variance can take as Page 17 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 much as six to eight months and there is no guarantee that it will be approved. Mr. Andrews requested clarification of the reason why Mr. McCarthy cannot comply, and Mr. McCarthy responded by saying that the owners are not in the area, but reside in many places throughout the Unites states. Noting that the first request was in December 1989, Mr. Andrews inquired as to why those who were here during the season and used their vehicles were not asked to help comply with the request from the County. Mr. McCarthy, noting that he is usually not on site to see who comes in and out of the property, indicated that often when one vehicle is removed there is another to take its place immediately. In discussing the fine with Mr. Clark, Mr. McCarthy noted that he feels that a fine should not be imposed upon him if the County does not react promptly to his zoning variance or provisional use request. Mr. Constantine suggested that if Mr. McCarthy makes a reasonable effort to have the paper- work in, the County might be able to work with him regarding the fining for the violation. Responding to Mr. Constantine's suggestion, Mr. Clark indicated that if the wording would state that the documents be "acceptable and complete plans submitted", he would concur. Mr. Strain suggested that the CEB entertain a motion to require document submittal within 20 days and compliance within 90 days, and Mr. Clark asked that the vehicles be removed from the fence area, and that the vehicles not be within 40 feet of any occupied unit. He also indicated that a physical inventory might be taken of the vehicles and a quota set to remove one-third in twenty days, two-thirds in forty days and all vehicles within 60 days, with any remaining vehicles fined at a rate of $150/vehicle per day. Page 18 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Assistant County Attorney Manalich indicated that when the motion is made, a complete description of the property should be included. Made by Mr. Strain that the FindinQ'S-of-Fact in Case Bo 90-024 are that this case caae betore the CEB on April 26, 1990, and the Board heard testimony under oath, received evidence and heard arQ1ments respective to all aatters, thereupon issued its Pindings-of- Pact; that I~rial Wilderness Corp. is the owner of record ot subject property; that the CD has jurisdiction over the respu-ndents; and that Robert W. McCarthY was present 1:0 represent the Corpora1:ion knOWl'l as Iwaperial Wilderl'less and further described as that por- tion of the Rorthwest Quarter (lIW 1/4) of the Southwest Quarter (SW 1/4) lying South at U.S. Highway #41 (Taaiaai Trail) and that por- tion of the Southwest ~er (SW 1/4) ot the Rorthwes-t Quarter (WW 1/4), lyillG South ot U. S. Highway #41, Section 12, "foImship 51 South, Range 26 East, Collier County, Florida; and Southwest Quarter (3M 1 / 4) of the Sou-thwest Quarter (SW 1/4) of Section 12, Township 51 South, Range 26 East, Collier County, Plorida. LESS THE POLLOWIRG DESCRIBED PARCEL Startinq at the Borthwest corner ot the pro- perty a1: the intersect ion ot the South Right ot Way ot U.S. 41 and the West line ot Section 12, Township 51 South, Range 26 East, Collier County, Plorida; and proceeding Southerly along the Section line for approxi_tely 870 feet, thence Easterly tor 330 feet, thence Bortherly for 660 feet, approxiaately 390 teet to the point of BeQinning', comprising approxi_1:ely 5.8 acres; that all notices required by Collier County Ordinance Bo. 88-89 have been properly issued, the property located at 14100 E. Taaiaai Trail, Raples, PL 33962 is in violation ot Section 7.19b4 of Ordinance Ro. 82-2, the Collier County Zoning' Ordinance as emended in the tollowing par- ticulars: unauthorized and illegal storing' of vehicles and equipaen1:. Seconded by Mr. Laaoureux . MOTIOR: Page 19 conE UI1.)JtCDk1t"t BOARD OP COLLIER COUNTY APRIL 26, 1990 Upon Call for the question, the motion carried 6/0. Made by Mr. Strain that the Conclusions of Law is that Robert W. McCarthy, represent ing' I~rial Wilderness, Inc. is in violation of Section 7.19b4 of Collier County Ordinance Ro. 82-2, as emended, based on the foregoinG Findings ot Fact; the respondent is ordered to correct the violations by re~ing' the storag'e area and the vehicles and equipaeat at the rate ot one third of the vehicles in twenty days, two thirds ot the vehic lea in torty days and all the vehicles in sixty days, and that said corrections be completed in the progressive wumner as described, and in the event the respondent is hereby ordered to pay $150/day tor each and every day said ~olation contiJmeS past said date; tailure to CCBlPly with the order within a specified t~ will resul t in the recordinG of a lien on 'the pro- perty which ..v be foreclosed al'ld the _lIject DrOlMl'rty -V be sold to enforce the liea. MO"l'IOIf : Mr. Andrews indicated he would I ilte to second the motion, however, he would first like to have the motion amended to read "$100/day". Mr. Smith stated he would like the record to show that the thirds would be based on a count to be taken on April 27, 1990. Mr. Lamoureux added that he feels the fine should be n$100/day/vehiclen. Mr. Strain responded by indicating that was the intent ot the motion. Mr. Constantine clarified the motion stating that the fine was $100 per day per vehicle for every day after sixty days, providing the removal was done at a rate of one-third in twenty, two thirds in forty, and complete in sixty days, with the count to be taken on April 27 or 28, and the total number provided to Mr. McCarthy. Upon Call for the question, the ~tion carried 6/0." Page 20 CODE DPOItCmttllT BOARD OF COLLIER COUNTY APRIL 26, 1990 *** CASE .0: CEB 90-025 HSPOJIIbuI i : Robert W. McCarthy, Trustee LOCATIOlI 01' VIOLATIOR: The Jfortheast quarter of the Rortheast quarter ot the Jfortheast quarter of Section 14, Township 51 South, Range 26 East, Collier County, Plorida; subject to a 50 foot easeaent along the East side tor road right-ot-way and utility purposes. VIOLATIOR: Section 1.9b4 of Ordinance No. 82-2, the Collier County Zoning Ordinance and violation of Sections 5,6,1,8, and 9 of Ordinance No. 88-45 of Collier County Litter Ordinance. CGI. Mt1'5: Compliance Services Enforcement Coordinator Smith informed the CEB that the recorder and the Board have been provided with Composite "A", and there being no objection from the respondent, Mr. Smith requested this be admitted into evidence. The consensus was to admit Composite Exhibit "A" into evidence for Case No 90-025. Mr. Smith said the respondent, Mr. Robert W. McCarthy was properly notified as required, and is present representing Imperial Wilderness, Inc., adding that Imperial Wilderness is charged with being in violation of Collier County Ordinance 82-2, Sections 1.9b4 and Collier County Litter Ordinance No. 88.45, Sections 5,6,7,8, and 9. Mr. Smith indicated that Mr. McCarthy will stipulate to the evidence as presented and will agree that there was and still is a violation. Mr. Smith advised the Board that staff wishes to give Mr. McCarthy forty-five days from this date to comply and if he does not staff recommends a $150/day per violation fine at the end of the forty-five days. Mr. McCarthy stated that he stipulated to the evidence and agreed that he was in violation, Page 21 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 however, he noted that most of the debris is removed and the only hold up at this time is the receipt of a burning permit, which he does not have because of the dry weather. IIOTIOlI : Made by Mr. Laaoureux that the Pindings-ot- Pact in Case Ro. 90-025 are that this case caae betore 'the CEB on April 26, 1990, and the Board heard testiaony under oath, received evidence and heard arawaents respective to all matters, thereupon issued its Pindings-of- Pact; that Mr. Robert W. McCarthy, Trustee, representing' I~rial Wilderness, is the owner ot subject property, that the CEB has juris- diction ot the person ot the respcmdent; and that Robert McCarthv was present at the Public Hearing'; that all notices required by Collier County Ordinance 110. 88-89 have been. properly issued; the property located at the lIertheast QUarter of the 1I0rtheast quarter of the Rortheast quarter of Section 14, "l'aIInlship 51 South, ftange 26 East, Collier Ccnmty, I'l0rida; subject to a 50 foot easeaent aleng the East side for road rig'ht-ot~ and utility purposes; is in violation of Sectian 5,6,7,8 and 9 of Collier County Ordinance 88-45; and Section 7.9b4 of Collier County Ordinance 82-2, in the followinG particulars: Illegal land use by the illegal storinG of vehicles, ecruiPJlellt and the illegal and U1'lIt1ltherized aCC1DlUlation of trash, debris aJH1 litter. Seconded by Mr. Andrews. Upon Call for the question, the JaO'tion carried 6/0. Made by Mr. Laaoureux that the Conclusions ot Law are that Mr. Robert W. McCarthy, Trustee, and representative for Imperial Wilderness, is in violation ot Sections 5,6,7,8, and 9 of Collier County Ordinance 88-45; and Section 7.9b4 of Collier County Ordinance 82-2, based on the toreaoinG Pindinas-ot-Fact; the respon- dent is ordered to correct said violations by reaoving' all of the illegally stored vehicles and equipaent, and reaovinG the unauthorized accw.ulation at trash and debris; and that said correction be c~leted on or before May 31, 1990, and in the event of non-c~liance, MO'fIOlI : Page 22 CODE BBPORCSftB~T BOARD OP COLLIER COUNTY APRIL 26, 1990 the respondent is hereby ordered to pay a tine of $150/dav for each and every day said viola- tion continues beyond said date; failure to coaDlv with the order in the specified ~iae will result in the recordino ot a lien on the property which -v be toreclosed and the sub- ject property may be sold to enforce the lien. Seconded by Mr. Andrews. Mr. Strain noted that Mr. McCarthy waived all evidence and all further presentation in a good faith agreement with the staff, in return for forty-five days, and Mr. Lamoureux has given him considerably less than agreed. Mr. Strain further suggested that the motion be amended to allow Mr. McCarthy until June 12, 1990, to comply. Mr. Laaoureux amended his motion, and Mr. Andrews aaended his second. Upon Call for the question, the action carried 6/0. *** ean: _. CEB 90-026 ......UIDn" : John M. Dearien and Lisa S. Dearien LOCA'rX8lI OP VIOLATIOIf: 2301 55th st. S.W. Golden Gate, PL 33999 n9U'1'Xf)I( : Section 8.51a/b of Ordinance No. 82-2, the Collier County Zoning Ordinance. C~!s: Mr. Bill Smith, Compliance Services Enforcement Coordinator, stated that the recorder and the Board have been given Composite "A" and there being no objection from the respondent, requested this be admitted into evidence. Consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-026, Mr. John M. and Lisa S. Dearien respondents. Mr. Smith said the respondents were properly notified as required, and Mr. Dearien is Page 23 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 present, adding that the respondents are charged with being in violation of Collier County Ordinance 82-2, Section 8.51a/b, and Mr.& Mrs. Dearien are the owners of record of the property at 2301 55th St. S.W., Golden Gate, FL 33999. Mr. Smith stated that on January 2, 1990, the investigators found a commercial vehicle parked in a residential area. The owner of the truck is Mr. John M. Dearien who was given a verbal warning that the truck needed to be removed, and, on January 8, 1990, a stipu- lation and notice of violation was signed by Mr. Mike Dearien, agreeing to remove the violation. As of April 25, 1990, after several routine checks the vehicle still remains parked at the property. Mr. Clark indicated that Mr. Dearien has access to a carport at the property, and has agreed to install roll down blinds so that the truck cannot be viewed from the front or from the neighboring residence. If these blinds were installed, Mr. Clark continued, he would be in compliance with the Ordinance. Mr. Dearien agreed to Mr. Clark's stipulation, however, he indicated that this is the first he has been told of this method of compliance. He continued by saying that originally the investigator told him he would be in compliance if he parked in the back yard. He noted that the investigators stated they were blanketing the entire area for vehicles that are in violation, and indicated he feels this issue has been selective harassment, because there are several violations in the area that have not been cited or cured. Mr. Clark suggested that Mr. Dearien be given five days to comply with the recommen- dation and that if he fails to comply, he be fined $50/day for any recurrence. Made by Mr. Laaoureux that the Pindl1'lgs-of- Pact in Case Ro. 90-026 are that this case MO'!'XOII : Page 2. CODE JSII~IUGdT BOARD OF COLLIER COUNTY APRIL 26, 1990 caae betore the CEB on April 26, 199O, and the Board heard testi.ony under oath. received evidence and heard argu.ents respective to all _'t'ters, thereupon issued its l'iftdinas-of- l'act; 'that Mr. .John M. Dearien, and Mrs. Lisa S. Dearien are the owners of reeorcl of subject property; that the CEB has juri8die1:icm over 'the resPOlldents; and that .John M. Deariel'l was presen't at the Public Hearing; all no'tices required by Collier County OrdiDaftce .0. 88-89 have been properly issued; the property located at 2301 55th st. S.W. Golden Gate, I'l0rida is in violation ot Section 8.51a/b of Ordinance Ro. 82-2, the Collier County Zoning' Ordinance, in the following' particulars: illegally park- ing' ot a comaercial vehicle. Seconded by Mr. Strain. Upon Call for the question, the .otion carried 6/0. Je'rIOlI : Made by Mr. Lcmoureux that the Conclusions of Law are tha't .John M. Dearien is ill violation ot Section 8.51a/b of Collier County Ord~nanee 82-2, _ .-ended; based uPOn the foregoing l'indinas-ot-Pact; the respondent is orderecJ that the respcmden't correct the viela'ticm by r&ltOving the illegally parked vehicle or :bY buildinG' an eI'lclosure which will screen the vehicle frOJa the neighbors view or view trOll 'the street, and that said COrrec'tiOll he c08Pleted on or before May 2, 1990, and in the even't of non-coapliance the respoadellt is hereby ordered to pay a $50/day fi1le for each and every day any violation described herein continues; tailure to comply with the orcJer within a specitied ti~ will result ill the recording ot a lien on the property which aay be foreclosed and the subject property WlaY be sold to enforce the lien. Seconded by Mr. Andrews . Upon Call for the question, the action carried 6/0. *** *** Deputy Clerk Hoffaan replaced Deputy Clerk McClenathen at this ti~ *** Page 25 COR IUlI'OItCU'IA.a.T BOARD OF COLLIER COtnn"Y APRIL 26, 1990 CASB JIO. 90-027 ......DIDIT: KKP Corporation LOCArY~ 0. VYOLATYOW: 6405 Radio Road, Naples, Blue Sky's Mobile Home Park, more par- ticularly described as the west 3/4 of the Southeast 1/4 of the Southeast 1/4, Section 31, Township 49 South, Range 26 East, Collier County, Florida VYOLATY01f: Sections 1, 2 of Collier County Ordinance No. 85-33 eel. ltft 15 : Compliance Services Enforcement Coordinator Smith informed that the recorder and the Board have been provided with Composite Exhibit "A", and requested that this be admitted into evidence relative to Code Enforcement Board 90-027, KKP Corporation, John Kumicich, President, Director Respondent and present. The consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-027. Mr. Smith reported that on January 31, 1990, Dick Clark, Ray Smith, and he inspected the percolation ponds at Blue Sky's Mobile Home Park, and noted that they were filled to capacity with liquid waste spilling onto the abutting property. He informed that at that time, Mr. Kumicich signed a stipu- lation and agreed to correct the violation by February 7, 1990. Mr. Smith advised that on February 8, and 16, 1990, he and Ray Smith made an inspection of the property and found that the violation had not been corrected. He indicated that as of today, the violation is corrected, and he does not foresee a reoccurrence of the violation. After being sworn in by Mr. Smith, Mr. Kumicich stated that he is the President/Director of KKP Corporation. He explained that the violation was in fact corrected by February 7, 1990, in that, he was instructed by Mr. Clark that he must build a berm behind the abutting properties so that the effluent would not leach into their yard. He indi- cated that he complied with this, had two loads of fill delivered, had the berm built, and re-sodded the area before February 7th. He remarked that Environmental Specialist Ray Smith inspected the Page 26 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 property, and stated that the berm was to be at least 100' from the abutting properties, and this was corrected. He noted that Greg Roberts from Water Management inspected the property and advised that he was in violation since the swale had been filled in. Mr. Clark explained that the intent of his discussion with Mr. Kumicich was that the effluent was to be retained within the pond itself. Mr. Kumicich acknowledged that the effluent was leaching outward, but his problem, is that he does not own the sewer plant which is not working pro- perly. He stated that in February, 1986, Monty's Septic Service removed all of the sludge build up from both ponds, and they perked until March, 1988, when a soil test was taken. He advised that Coastal Engineering recommended that another holding tank be installed, and a 55' x 55' cement structure was put around the third pond. Mr. Kumicich stated that sludge was removed again on March 16, 1990 by J. C. Drainfield. He advised that the costs for the problems as stated have been $100,000 for a period less than 5 years, and there is nothing preventing these problems from reoc- curing until the sewer plant is corrected. Mr. Clark affirmed that the reason for today's hearing is that this can be a serious health hazard, to define what has happened, and make cer- tain recommendations. Environmental Specialist Ray Smith stated that as of 7:30 A.M. today, the ponds are in compliance. He advised that DER is taking enforcement action against the permit holder to rectify the problem of the operation of the sewage treatment plant. He noted that a bacteriological analysis of the water was taken, which resulted in 24,000+ coliforms/l00mls. He informed additionally, the sewage treatment plant is not treating the sewage properly. Mr. Lamoureux questioned who the permit holder is for the operation and maintenance of the treatment plant? Mr. Smith informed that the permit is issued to Mr. Jim Spade. Page 27 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Mr. Andrews stated that it appears that Mr. Kumicich has recourse with the person operating the plant. Mr. Lamoureux remarked that he does not understand why no action is being taken against Mr. Spade. Mr. Smith explained that the permit is issued by DER and they are presently taking action against Mr. Spade. He noted that the only avenue the County has is to take action against the property owner. Mr. Boris Kalina, Collier County Public Health Department, stated that he made an inspection of the property on January 21, 1990, and at that time, the complaint was referred to DER for their action. He indicated that an inspection on February 21, 1990, revealed that the percolation pond with par- tially treated effluent was leaking into the drainage ditch on the north side of the property. He informed that Ray Smith was notified by telephone about the condition of the plant, and Bill Smith was notified the following day. Mr. Kalina advised that on March 16, 1990, the violation was corrected, the complaint was abated, and a letter was sent to the complaintant. Mr. Clark commented that there is no assurance that this violation will not reoccur, and requested that the owner be put on notice since the County cannot allow these health hazards to be imposed on other residents. He noted that should this violation reoccur, he is suggesting that a fine of $200/day be imposed until such time that it is corrected. In answer to Mr. Lamoureux, Mr. Kumicich advised that an inspection report from DER on March 13, states that everything is in compliance. He cited that his concern is that this violation may very well reoccur, and noted that he is in the pro- cess of selling the park to the homeowners, and they will be assessed the $200/day penalty because of the operator of the sewer plant. Mr. Lamoureux questioned whether Mr. Kumicich employs the operator of the plant, to which he replied negatively, but informed that he does pay Mr. Spade $505 per month. Page 28 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Bill Smith stated that the plant is not the issue, but rather the fact that Mr. Kumicich is allowing the accumulation of liquid waste. Presentation of evidence in this case was closed at this time. Made by Mr. Strain that this Cause cUte before the CD on April 26, 1990, and the board havilla heard tes'tillOl'lY under oath, received evideJlce aDd heard ary...-d\ts respective to all _tters, 't"herel1poft i.sues its Pindings ot Pact and Conclusions ot Law and Orcler .. follows: tha-t UP Corpera'tiGft is the owner of record ot the subject proper"ty, repre- sented by .John lCU1a1cich; that the CD has juris- diction of the person ot the Respondent and that J'ohn KU1aicich, President of UP Corporation was present and representing' UP Corporation, at the public hearing'. All notices required by Collier County Ordinance Ro. 88-89 have been properly issued; That the property loca-ted at 6405 Radio Road, known as Blue Sky's Mobile Hoae Park is in violation of Section(s) 1 and 2 of Ordinance Ro. 85-33, as aaended, in the following' particulars: ACC1Dl11lation of liquid waste within 100 feet ot iJaProved property. Seconded by Mr. Andrews. I8!'IOII : Mr. LaJaOUreux inforaed that he is uncoafortable with taking action against Mr. Kuaicich since it appears that the problea could be rectitied it the sewer plant: was properly aaintained and operated. Upon call tor the question, the action carried 5/1 (Mr. LaJIOUre11X opposed). Made by Mr. Strain that KJCP Corporation, repre- 8eftt:e4 by J'ohn Kuaicich, is in violation of Sec:tion(s) 1 and 2 of Collier County Ordinance .0. 85-33, as~. Based upon the fereaoiq l'indinas of !'act and Conclusions of Law, aDcl pur- swmt: to the authority granted in ChaJ,rter 162, I'l0ric!a Statutes, and Collier County Ordinance Ro. 88-89, it is hereby Ordered: '!'hat 'tile R_P6Dden t correct the violation ot Section(s) 1 and 2, Collier County Ordinance .0. 85-33, .. ~cJed, by reaoving' and preventing' aCC'WBUlation of liquid waste; that said correction is coapleted, and it Respondent does not continue to coaply with this Order, then and in that event Respondent is hereby M81"I0II : Page 29 CODE DPOftCEMElft BOARD OP COLLIER COUNTY APRIL 26, 1990 CUB 1IO. Jts:tPUllUBlft : ordered to pay a fine of $200 per day for each and every day any violation described herein con-tinues past said date. l'ailure to coaply with the Order within the specified tille will result ill the recor- dation of a lien pursuant to Chap-ter 162, Plorida Statutes, which -V be foreclosed, aDd JtesDOftdent's ItrttlMtrtv eeld -to enforce the lien. Secomled by Mr. Andrews. Carried 5/1 (Mr. Laacureux opposed). *** 90-028 Jack W. Craft, Jr., Bettye R. Craft, and James W. Craft LOC&~XU. Ol' YXOLATIOB: The W 330 feet of the E 1/2 of the SW 1/4, Section 24, Township 50, Range 26, Collier County, Florida YXOLATXOlf : COlli_IS: Section(s) 7.9a., 7.9b.2)(a), and 7.9b.4) of Collier County Ordinance 82-2 Compliance Services Enforcement Coordinator Smith informed that the recorder and the Board have been provided with Composite Exhibit "A", and requested that this be admitted into evidence relative to Code Enforcement Board 90-028, Jack W. Craft, Jr., Bettye R. Craft, and James W. Craft. He advised that the Respondents are not present, but provided copies of certified mail receipts that were signed by Mr. Jack Craft. The consensus was to admit Composite Exhibit "A" and the certified mail receipts into evidence for Case No. 90-028. Mr. Lamoureux advised that he will not be par- ticipating in the discussion relative to this case. He informed that he has an ongoing business rela- tionship with the Craft's, and stated that he will file the proper Form 8B, Memorandum of Voting Conflict for the record. Mr. Smith reported that Jack W. Craft, Jr., Bettye R. Craft, and James W. Craft are the owners of record of the subject property, and subject to an easement on, over and along the South 30 feet for public right-of-way, and subject to mortgage in favor of Jack Kensil, Jr. & Gladys L. Kensil, recorded in O.R. Book 1138, Page 554. He advised Page 30 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 that this is vacant land, and not the homestead property. Mr. Smith affirmed that on February 1, 1990, Compliance Services received a complaint of illegal commercial storage at the Craft Tree Farm, A-2 Zoned, Sabal Palm Road. He noted that on February 5, 1990, Investigator Dennis Mazzone made a site visit to confirm the storage of fifty-five portable toilet units, and issued a red tag, in accordance with Ordinance 82-2. Mr. Smith indicated that on February 9, 1990, Investigator Mazzone contacted Mr. Craft who stated that he would not comply. He reported that on February 12, and 16, 1990, Mr. Mazzone confirmed that the violation still existed. After being sworn in by Mr. Smith, Investigator Dennis Mazzone advised that as of this date, the property in question is in compliance. Mr. Smith stated that since the violation has been corrected, he is recommending that should the violation occur again, that a fine be assessed at $100/day for each and every portable toilet. The presentation of evidence was closed for Case No. 90-028. MD'r1:0II : Made by Mr. Pedone that this Cause caae before the CES on Apr il 26, 1990, and the board having' heard tes1:illOnv under oath, received evidence aIld heard ~g--6&&t. respective to all ..tters, 1:llereupcm issues its Pindinas o~ Pact and Conclusicms o~ Law ancJ Order as follows: that .Jack W. Craft, .Jr., Bet1:ye R. Craft, and .J.-es W. Cratt are the ow.ners ef record o~ tile subjec1: property; 1:ha1: 1:he CD has jurisdie1:ion of the persens ot the hapoftC!en1:s and 1:ha1: .Jack W. Craft, .Jr., Be1:tve R. Craft, aftcl .Jaaes W. eratt were not present a1: the public !learill<<J. All l'lo1:ices required by Collier C01Ul1:y GrdilUlllee Wo. 88-89 have been proper IV issued; '!"bat tile pro- l)erty located at the W 330 fee1: ot the E 1/2 of the SIt 1/4 of the SW 1/4, Section 24, T0Ift'ISh1p 50, lta1la'e 26, Collier County, I'l0rida, aabjec1: 1:0 all ttaSe-.n't on, over and along- "the South 30 tee"t for 1'IUb11c riah1:-of-way; also subjec1: to 1IOr1:aaae in favor of .Jack Kensil, .Jr. & Gladys L. Kensil, Page 31 CODE E1fPORC~T BOARD OF COLLIER COUNTY APRIL 26, 1990 recorded in O.R. Book 1138, Page 554; this is vacant land and not the homestead property ot the Grantor, is in violation of Sections 7.9 a/b2a/b4 at Collier County Ordinance 82-2, as .-ended in the following particulars: prohibited uses and struc- 'ture; illegal storage ot equiPlMH1t. Seconded by Mr. W11Ii_. Carried 6/0. Made by Mr. Pedone that .Jack W. Crart, .Jr., Bettye ft. Craft, and .J.... W. Cratt, are in violation of Section(s) 7.9a, 7.9b.2)(a), and 7.'b.~) of Collier County 0rcl1nance 82-2, as UIeI1ded. Based upcm the foregoing 1'1nd1nas ot Pact and Conelusieaa eft Law, and l'UrSlUIDt to the authority errant" in Chapter 162, I'lorida Statutes, and Collier C01Ul~ Ordin.aDce 110. 88-89, it is hereby ordered that the ftetlPHlden'ts correct the violation or See1:ion(s) 7.9a, 7.9b.2)(a), and 7.9b.4), Collier Ccnmty Ordinance 82-2, as aaended, by this da1:e. as evi- c1eneed, and that said correction be COIIPleted by April 26, 1990, and it Respondents do not not con- tinue to co~ly with this Order on or before that date, then and in that event Responden1:s are hereby ordered to pay a fine ot $100 per day per toilet tor each and every day any violation described herein continues past said date. Failure to ccmply with the Order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Plorida Statutes, which aay be foreclosed, and Respondent's property sold to enforce the lien. Seconded by Mr. Andrews. Carried 6/0. ~_: *** CAn WO. 90-029; 90-030; 90-031; and 90-032 ~--_... : Gary D. Wittenberg and Marilynn Wittenberg LOCA~" GP ~OL&~IOB: 751 108th Ave., North, Naples, Florida 846/850 105th Ave. North, Naples, Florida 755 108th Ave. North, Naples, Florida 22 River Court, Naples, Florida nGLAn_: Section 5 of Ordinance No. 89-06, the Collier County Housing Code COIl.._._.L S : Compliance Services Enforcement Coordinator Smith informed that the recorder and the Board have been Page 32 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 provided with Composite Exhibit "A", and requested that this be admitted into evidence relative to Code Enforcement Board 90-029, Gary and Marilynn Wittenberg, Respondents, who are present. The consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-029. Mr. Smith informed that Mr. and Mrs. Wittenberg are the owners of record of the subject property. A discussion was held at this time relative to incorporating CEB Case No's. 90-029, 90-030, 90-031, and 90-032 into one. Made by Mr. Strain that CEB Case Ro's. 90-029, go-030, 90-31, and 90-032 be consolidated. Seconded by Mr. Pedone. Carried 6/0. .-rl'X0lf : The Respondents, Jack and Marilynn Wittenberg, were sworn in at this time by Mr. Smith, and acknowledged that they are the owners of record of the subject property. Mr. Clark advised that discussions have been held at great length with Mr. and Mrs. Wittenberg, and Staff has no reason to believe that they are not responsible landlords. He indicated that the Wittenberg's were unaware of the standards in the ordinance, and noted that they have worked very industriously to be bring the violations into compliance. He suggested that should a problem of the same nature of overcrowding reoccur at the sub- ject properties, that a fine be imposed of $50 per day per violation at each location. Mr. Wittenberg explained that when the Code became effective in 1989, he was unaware of the density problems that were occurring on his properties, and was appreciative that these were brought to his attention. He indicated that being aware that these situations may be repeated again this year, his properties were posted as to how many persons were to occupy each unit. He advised that the sti- pulation relative to the number of occupants per unit was also noted in each lease. Mr. Wittenberg stated that he does not understand why he is appearing before this board since his properties have been brought into compliance within Page 33 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 the specified date. Mr. Smith informed that these are reoccuring violations. Mrs. Wittenberg reported that she became upset when she began to receive certified letters that were not citing density violations, but minor viola- tions, i.e. that a stove needed to be repaired, a light fixture was missing a globe, and a hole in a hallway wall. She noted that in the Tenant Landlord Act, these tenants have civil rights. She stated that there are times when the inspectors have appeared at 6:00 A.M. to count the number of people that were inside the units. Mr. Wittenberg remarked that most of his properties are grandfathered-in, i.e, duplexes on 50' lots. He explained that he rents mainly to single men, and per Code, that would allow 6 occupants in each apartment, and 12 cars if there is room to park them. Mrs. Wittenberg indicated that her concern is that Mr. Clark is suggesting to this board, that if these violations reoccur, a fine will be imposed, and she feels that she is being denied her civil liberties as they relate to the Florida and Federal Constitutions. Mr. Clark informed that if future complaints are received, Code Compliance Investigator Maria Valcarcel will so advise the Wittenberg's to allow them the opportunity to remedy the situation before she makes her inspection. Mrs. Wittenberg con- curred with Mr. Clark's suggestion. Mrs. Wittenberg stated that in one instance she was in the process of evicting the tenants, and they had, without her knowledge, moved to another house where they knew the occupants, and thus, created another density problem. The presentation of evidence was closed for Case No. 's 90-029, 90-030, 90-031, and 90-032. .-rXOII: Made by Mr. Strain that in CEB Case .0.' s 90-29, 90-30, 90-31, and 90-32, this cause e... on for JRd:tlic hearillCf before the Board on Allril 26, 1990, and the Board having heard testiaony under oa~h, received evidence, and heard araU..ell~s respec~ ive Page 34 CODE DPORCEMEIn' BOARD OF COLLIER COUNTY APRIL 26, 1990 to all appropriate matters, thereupon issues its Findinas of Pact, Conclusions ot Law and Order of the Board as follows: That Gary and Marilynn Wi ttenberg are the owners and/or trustees of record of the subjec~ properties; that the Code EnforceJlel1t Board has jurisdiction of the persons of the Respondents and that Gary and Marilynn Wittenberg were present at the public hearing. All Ilotices required by Collier County Ordinance 88-89 Iunre been properly issued. That the real proper- ties located at 751 108th AvemIe Rorth, 8.6 aIld 850 105th AveIlUe Iforth, 755 108th AveDUt! Worth, and 22 River Court, are ill violation of S~iOD 5 of Collier County Ordinance 89-06, as _ndecJ, in the following particulars: Too 1I81lY OCC4paftts or temmbl per t Iocr space. Seconded by Mr. bdrews. Carried 6/0. ..rXOll : Made by Mr. Strain that Gary and Marilynn Witteft~rg are ill violation ot Section 5 of Collier Comlty Ordinance Ifo. 89-06, as aaended. Based upon the foregeillg l'indillflS of Pact and Ceael..iens Df Law, and {lIurawmt to the authority graJl'ted ill Cbapter 162, Florida Statutes, and Collier Ccnmty ordinance 88-89, as aaended, is hereby Or_reel that the Respondents correct the violaticm of Section 5, Collier County Ordinance 89-06, as aJleDded, by reducing' the IllDlber of occupants per f Iocr space; that said corrections are coapleted, and if Respondents do not cont inue to cowaply with this Order, then and in that event, the Respondents are hereby ordered to pay a fine of $50 per day per location, per occupant for each and every day any violation described herein continues past said date. hilure to ccnaply with the Order within the specified ti_ will result in the recordation ot a lien ~t to Chapter 162, Florida Stat:utes, which .ay be forecloeed, and Respondents' property sold to enforce the lien. Seconded by Mr. Andrews. Mr. Wittenberg stated that he has been advised by his attorney and civil liberties attorneys that he or his tenants have not been given due process, and he will pursue this issue. As a matter of clarification, Assistant County Attorney Mafialich informed that this board is not addressing the number of tenants, but rather the number of occupants, and they are not entitled to Page 35 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 'co.a__! s: ea. ...IIJ,I; S : ..".x_ : any type of eviction procedure, and may be ordered out immediately. He noted that if it is the desire of the Board to continue this, he will take the matter under advisement and research the Landlord Tenant ramifications of same and report back. Mr. Lamoureux remarked that Mr. and Mrs. Wittenberg have the right and privilege to rent to whomever they want to, but noted that apparently the overcrowding situation happens quite often with the types of tenants they chose to rent to, and they should be prepared for this type of situation to reoccur. Mr. Strain questioned if all of the units are duplexes? Mr. Smith replied that some of the units are duplexes, and the property at 22 River Court is a 5 unit apartment building, and noted that the Finding should be $50 per person, per unit. Mr. Strain aJae11ded his motion to reflect a fine of $50 per day, per unit, per location, per occupant. Mr. Andrews accep1:ed the cmendaent. Upon call for the question, the action carried 6/0. Mr. Constantine informed that any person who deci- des 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 pro- viding this record. Assistant County Attorney Mafialich stated that he believes that there have been a number of issues raised that warrant his review of the legal aspect of this situation. He suggested that this matter be continued without the entry of the Order. He indicated that he would like to review the per- tinent law and so advise the Board at the next public hearing, and at that point, a ruling could be made. Made by Mr. Strain that the JDOtion stay until the 1'leX't regular _1:ina to enable the Coun1:y A1:1:ornev 1:0 review the per1:inen't law, and advises that it is Page 36 CODE ElIPOllCmmllT BOARD OP COLLIER COUNTY APRIL 26, 1990 appropriate to proceed. Seconded by Mr. Lamoureux. Carried 5/1 (Mr. Constantine opposed). *** CASE 110. 90-033 ~Ys: Gary and Marilynn Wittenberg LOCATY~ 01' VIOLATIOR: 16 River Court, Naples, Florida and legally described as Lot 29, Palm River Shores, per Plat in Plat Book 3, page 27, Public Records of Collier County, Florida. VIOI.Anow: Section 5 of Collier County Ordinance No. 89-06 0121. _lS: Compliance Services Enforcement Coordinator Smith informed that the recorder and the Board have been provided with Composite Exhibit "A", and requested that this be admitted into evidence relative to Code Enforcement Board 90-033. The consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-033. Mr. Smith reported that Gary D. and Marilynn Wittenberg are the owners of record of the subject property, and they have been sent the proper noti- ces, as required by Ordinance. He advised that at this time, the property is in compliance. He noted that these are maintenance problems which he believes can be alleviated if the Wittenberg's maintain the property on a regular basis. He suggested that a fine be imposed of $50 per day, per any reoccurring violation. Mrs. Wittenberg stated that she does not understand how a fine can be imposed, since there are repairs every single week. She indicated that if County staff were to tail landlords, and inspect their apartments as often as they inspect her apartments, she is sure they would find corrections that need to be made, since these repairs are ongoing. In answer to Mr. Constantine, Attorney Mafialich informed that he feels that this violation is different than that of the previous violation rela- tive to density. He indicated that if the same violation has been repeated by the same violator, the Board has the power to impose a fine. Page 37 CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 Mr. Williams replied that he has a problem with Staff's recommendation, noting that the maintenance of rental properties is such that if a stove is repaired today, it may very well burn out again later in the day. He cited an experience of repairing a hot water heater at one of his proper- ties, and before he left the property, it had burned out again. Mr. Wittenberg commented that there is not one complaint that relates to the outside of the building, and noted that these neighbors are calling to complain because they do not like minorities. Mr. Constantine stated that he believes that these problems could be solved if the Wittenberg's would rent their units to more responsible tenants. Mr. Strain suggested that an Order be entertained stating that if the Respondent does not continue to comply by making repairs within 48 hours after being notified by County inspectors, then the fine would be imposed. Mr. Clark indicated that notifi- cation by certified letter will take longer than 48 hours. Mrs. Wittenberg commented that it is very easy for people to call Compliance Services and make complaints, noting that 36,000 have been received during the past year. She suggested that these people should be required to register their complaints in writing. Mr. Clark indicated that he would like to see his recommendation followed. He remarked that Mr. and Mrs. Wittenberg have both expressed that the integrity of his office has been exemplary, and they have been appreciated fairly. He noted that Staff does exercise a great deal of discretion as to when fines should be imposed. The presentation of evidence was closed at this time relative to CEB Case No. 90-033. Made by Mr. Strain that this Cause CalM! on for l:R1blic hearing before the Board on April 26, 1990, aad 1:he Board having heard testiJaOtlY lJDder oath, recei~ evidence, and heard argwaen1:s respec1:ive ~_: Page 38 CODE 1DIl'OllC~."r BOARD OP COLLIER COUWTY APRIL 26, 1990 to all appropriate matters, thereupon issues its Pindinas of Fact, Conclusions ot Law and Order of the Board as follows: That Gary D. and Marilynn K. Wittenberg are the owners of record ot the subject property; 'that the Code EntorceJBent Board has jurisdiction of the persons ot the Respondents and that Gary D. and Marilynn K. Wittenber(J were pre- sent at the publiC hearing'. All notices required by Collier County Ordinance Ro. 88-89 have been properly issued; that the real property located at 16 River Court, Raples, Florida is in violation of Sect ion 5 ot Ordinance 89-06, as aaended, in the following particulars: Inoperable stove, exposed wirina, and a hole in the wall. Seconded by Mr. Pedone. Carried 6/0. Made by Mr. Strain that Gary D. and Marilynn K. Wittenbera are in violation of Section 5 of Collier CGUIl'tV OrdiJUmce 89-06, as aJDe11ded. Based upon the fereaeiDV l'iBdinas of Fact and Conclusiens of L_, and ~suan1: to the authori tv granted ill Chap'ter 162, 1'1orida Statutes, and Collier County Ordinance 88-89, as aJBeftded, it is hereby Ordered: That the Respondents correct the violation of Section 5, Collier County Ordinance 89-06, as UleDded by .-king' repairs to the stove, the wirina iuvelved, and that said corrections are ccmpleted ami that it the Respondents do not continue to CCBlPly by 1Iaking' repairs within torty-eiQht hours of beina notified by County inspectors with this Order, then and in that event, the Respondents are hereby ordered to pay a tine ot $50 per day per violation tor each and every day any violation described herein con- tinues past said date. Failure to c~ly with the Order within the specitied ti~ will result in the recordation ot a lien pursuant to Chapter 162, Plorida Statutes, which .ay be foreclosed, and Respondent's property sold to entorce the lien. Seconded by Mr. Laaoureux. Carried 5/1 (Mr. Constantine opposed). .r!GIf: *** CUB 110. 90-034 -.sP6Uu~fS: Gary and Marilynn Wittenberg LOCA7%" 0. YXeL&TYOB: 22 River Court, Naples, Florida more par- ticularly described as Lots 29, 30, and Page 39 CODE ENFORCEMENT BOARD OF COLLIER COUNTY VIOLAT:I01I : cm._~s : APRIL 26, 1990 31 of Palm River Shores, a subdivision, according to the map or plat thereof recorded in the records of the Clerk of the Circuit Court in and for Collier County, Florida, in Plat Book 3, page 27. Section 5 of Collier County Ordinance No. 89-06, the Collier County Housing Code Compliance Services Enforcement Coordinator Smith informed that the recorder and the Board have been provided with Composite Exhibit "A", and requested that this be admitted into evidence relative to Code Enforcement Board 90-034. The consensus was to admit Composite Exhibit "A" into evidence for Case No. 90-034. Mr. Clark advised that he is recommending that this case be dismissed, with the statement that, should there be a violation, Staff will make a telephone call, and if an active response is not taken care of, enforcement will be taken. *** *** Recess 1:25 P.M. Reconvened 1:30 P.M. *** GLD _IIIbS: Tari's llursery COI.__~S : Attorney Mafialich informed that there has been no change in the status, and a report will be forth- coming at the next meeting. *** ... B8S1BE$S: Introduction ot Assistant County Attorney Richard Yovanovich COI.~~S : Assistant County Attorney Mafialich introduced Attorney Richard Yovanovich from the County Attorney's Office who went to law school at the University of Miami, and also has a Masters in Education. *** Mr. Constantine announced that the next meeting date will be discussed during the workshop which will immediately follow today's regular meeting. Page 40 ( ( ( ; ........ CODE ENFORCEMENT BOARD OF COLLIER COUNTY APRIL 26, 1990 There being no further business, the meeting was adjourned by Order of the Chair and went into Workshop Session. COLLIER CO~Y CODE / / / / C ENFOR MENT BOARD //;It9- Timothy Page 41