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CEB Minutes 07/26/1990 1990 Code Enforcement Board July 26, 1990 DATE: TIME: PLACE: CODE ENFORCEMENT BOARD OF COLLIER COUNTY July 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 MINUTES BY: CALLED TO ORDER AT: PRESIDING: STAFF PRESENT X X Exc. X X X Exc. BOYCE CLARK MAZZONE NONNENMACHER SMITH TOMASINO VALCARCEL WILSON Harriet Beech, Deputy Clerk 9:00 A.M. ADJOURNED: 12:15 P.M. ADDENDA TO THE AGENDA:None Timothy Constantine, Chairman X X X X X X X X ~- Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 ITEM: Meeting called to order by Chairman Timothy Constantine. ITEM: Agenda approval. Consensus for approval of the agenda. MOTION: *** CASE NO.: CEB #90-035 RESPONDENT: Jesus and Mary Ayala LOCATION OF VIOLATION: The West 380 feet of the East 1070 feet of the North ~ of the SE ~ of the SE ~, Section 4, Township 47 South, Range 29 East, EXCEPT THE FOLLOWING: The South 70 feet of the North 100 feet of the East 120 feet of the West 380 feet of the East 1070 feet of the North ~ of the SE ~ of the SE ~, and The South 250 feet of the North 400 feet of the East 120 feet of the West 380 feet of the East 1070 feet of the North ~ of the SE ~ of the SE ~, and The West 70 feet of the East 190 feet of the North 120 feet of the West 380 feet of the East 1070 feet of the North ~ of the SE ~ of the SE ~, and The lands described in O.R. Book 155, Page 27 and O.R. Book 146, Page 517 and O.R. Book 169, Page 427, and O.R. Book 118, Page 1750, Public Records of Collier County, Florida. VIOLATION: Allow the unauthorized accumulation of trash, debris, garbage, wood, tires, and litter. COMMENTS: 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 evidence. There being no objec- tion by the respondent the consensus was to admit Composite Exhibit "A" into evidence for case No. 90-035, Jesus and Mary Ayala respon- dents. Mr. Smith said the respondents were properly notified as required, and are present, and are charged with being in violation of Sections 5, 6 and 7 of Ordinance No. 88-45, the Collier County Litter Ordinance and are the owners of record of the subject property. Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 Mr. Smith said that on March 15, 1990, Investigator Nonnenmacher was assigned to the case and the violation at that time was reported to be a large accumulation of litter, trash and debris located on the property described in Composite Exhibit "A". At that time a large pile of trash, raw garbage, and debris in and around a lake was observed and a videotape was taken, Page 22 of Composite Exhibi t "A". Attorney Smith, representing Jesus and Mary Ayala, has no objections, but it is a question of ownership of the property. Mr. Constantine asked Attorney Smith if he will stipulate for the record that the property is in violation of Collier County Ordinance 88-45 and Attorney Smith said he is not the person to stipulate to that. Attorney Smith said he has discussed the matter with Mr. Dick Clark, Code Enforcement, and his client, Mr. Jesus Ayala, has sold this property by way of an Agreement for Deed. He said that Code Enforcement staff have refused to accept this Agreement for Deed as a method of conveyance in the state of Florida. Attorney Smith said in Florida there are numerous ways to convey real estate, one way is by Quit Claim Deed and take a mortgage back. Historically in Florida, he continued, another method has been conveyance of an Agreement for Deed, where the party selling enters into an agreement with the buyer that when the buyer finishes paying for the pro- perty, there will be a conveyance to him. Attorney Smith says the question arises if this is the same thing as a quit claim deed, and the Supreme Court of Florida and numerous other courts have ruled consistently that it is the same thing as conveyance by way of a deed and giving back a mortgage. The real point on this, he said, is that the courts have made clear that the seller has no right to go back to the property and interfere with it, for that would be trespassing. Attorney Smith said the county has been made aware of this numerous times and they will not Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 accept that Mr. Ayala is no longer the owner of the property in question. He remarked that Statute 57.111 that allows for attorney fees and costs to be imposed and he wants to get that on the record, that he may seek that if the Code Enforcement Board persists in this matter. Attorney Smith noted that Mr. Clark advised him the other owners will be appearing at the next Board meeting and he requests the case be dismissed against Mr. Ayala. Mr. Dick Clark said it is the position of Compliance Services in addition to the proper- ties that counsel refers to, there is a con- tinuous piece of property around the lake and not all of this property has been subject to Agreement for Deed. Mr. Clark noted that some of that property that Mr. Ayala owns outright has trash and debris on it, so discussion does not relate only to the property subject to Agreement for Deed. He added that it is a legal issue to be decided by the Board with assistance from county counsel on whether or not Compliance Service staff need to protect the record, because when all the parties con- cerned are brought before the Board and the Board may make a ruling against the parties concerned and ask that a lien be imposed against the property, it is a good possibility that attorneys may appear insisting that the new property owners are not the legal owners of record and the county cannot impose liens. Mr. Clark said the conditions on the property are worsening and he feels the record must be protected in this case, for the imposition of liens. Attorney Smith said they have five instruments of Agreement for Deed and he is not aware that some property remains in the name of Mr. Jesus Ayala. If that is the case, Attorney Smith said, Mr. Ayala will take care of the matter on the property belonging to him, but the point is that Mr. Ayala only holds a mortgage interest in the entire subject pro- perty and he asked Mr. Clark if in cases where there is a mortgage on a property, does he Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 serve the Mortgage holder and Mr. Clark said no, not in that case. Attorney Smith said if Mr. Clark wishes to protect the record, he should do so at the county's expense. Mr. Lazarus asked when was the agreement for deed entered into and when was it recorded? Attorney Smith responded September 20, 1988, recorded September 26, 1988; October 24, 1988, recorded on October 31, 1988; December 14, 1988, recorded on December 16, 1988; December 14, 1988, recorded December 16, 1988 and the final one was recorded on August 31, 1989. Mr. Lazarus asked Mr. Clark if the litter still on the property is the litter described in Paragraph 2 of the Statement of Violation? Mr. Bill Smith responded, saying Paragraph 2 encompasses the whole parcel, and Mr. Ayala has taken the parcel and divided it into the five units as described by Attorney Smith, and that portion not sold also has debris, litter, trash and garbage on it. Mr. Jesus Ayala, 1213 Lee Street, Immokalee, was sworn in by Mr. Bill Smith. Attorney Smith asked Mr. Ayala if he had conveyed all property that has trash on it and he responded that he had sold all the lots that had a right-of-way to them and there is one portion of the entire parcel not sold per se, and that is the lake itself because there is no way anyone can get to it except the property owners around it. Mr. Bill Smith said for the record, Mr. Ayala still owns part of Parcel 84. Mr. Constantine asked Ms. Wilson, County Attorney's Office, for an interpretation on the manner of property division, how does this affect the matter before the Board? Ms. Wilson said she agrees with Attorney Smith only insofar as conveyance for deed are enforced in Florida for purpose of mortgage. In cases of default, she says, an agreement for deed can be enforced (repossessed) in the same way, but she does not agree with his conclusion that he is not the owner any more, for the purposes here. In this case, she con- Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 tinued, we are enforcing against the property owner of record and she feels the owner is still Mr. Ayala until there is a deed that has been effected in total to the new owner(s). She offered to do the research on the subject and present a legal ruling on this. Mr. Lazarus asked if it is Attorney Smith's contention that according to past Florida cases, the title has actually passed, and Attorney Smith agreed, presenting background of cases he feels set a precedent. Mr. Lazarus asked about the term "naked title" quoted by Attorney Smith, and Mr. Lazarus asked again if title passes under Florida cases in agreement for deed situations, and he says from the information presented by Attorney Smith it would seem an conveyance for deed is only good in cases of default of payment, thus permitting repossession. Mr. Constantine asked Ms. Wilson for an opi- nion and she suggested that the Board hear the case but reserve the ruling on it until after a formal legal opinion is rendered. Mr. Constantine stated that the Board will hear the staff presentation, then Attorney Smith's response. Mr. Bill Smith said for the record, Mr. Ayala did state he is still the owner of a portion of the pond and/or pro- perty. Mr. Ayala said he has sold six lots, but not the pond area. Attorney Smith said Mr. Ayala has no access to the pond, but he shares ownership of the pond with his brother. Attorney Smith contends that the debris comes from the land around the pond and those viola- tors are not present, so Mr. Ayala is faced with an order to clean up all trash on the property, and not just the trash in the pond. Mr. Bill Smith said the property next door to the abutting lake is owned by Mr. Ayala's brother and offers access to the lake. Mr. Smith then admitted into evidence 6 pho- tographs showing trash, debris, and litter, and said that until the County Attorney makes a legal interpretation today staff will address only the portion he admits to owning. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 The Board then viewed the videotape made on March 15, 1990 and Mr. Ayala and Attorney Smith also viewed the tape. Mr. Strain asked if the trash has accumulated over the past year and Mr. Clark said the trash was accumulating in 1988, and the DER has recorded continuing violations on this site. Mr. Ayala stated he had cleaned up the trash and then sold the property; since then the lake has gone down and exposed more trash he did not know was there. Investigator Nonnenmacher was sworn in and stated that he checked the property on July 25, 1990 and there was even more trash and the weeds are higher than shown in the videotape. He had advised Mr. Ayala to clean up the pro- perty and Mr. Ayala said he had sold the pro- perty and has no responsibility for the trash. Mr. Nonnenmacher says he observed garbage, wood pallets, truck bodies, and various articles both in the pond and on the surrounding land. He added that Mr. Ayala was notified in April 1990 of the current trash situation and he has tried to work with him to resolve the matter. Mr. Strain commented that whether Mr. Ayala owns 2 feet or 1 acre, he is still charged with violating the litter ordinance and he has made no effort to clean anything up; then Mr. Strain told Attorney Smith his client would have a stronger case if he had cleaned up at least the portion of the area he admits to owning. Mr. Clark noted his department has continued this case an extra month to give Mr. Ayala time to take action. Mr. Clark said that Compliance Services has proved its case and asks that the Board find Mr. Ayala is in violation and he requested that a fine of $250/day be imposed to begin two days hence. ***The Board recessed for 10 minutes here*** Attorney Smith stated that Mr. Ayala was never told to clean up only that portion of the land Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 he still owns, that he was never advised the other owners of that property were being sum- moned also. He respectfully requests the Board instruct staff to bring charges against the other owners and restrict Mr. Ayala's responsibility only to that portion he still owns. Mr. Pedone pointed out that Mr. Ayala has signed Page 8 which states that all litter must be cleaned up and removed and contains a description of the property and Mr. Pedone feels that is admitting to responsibility for the property and for the clean-up. Attorney Smith said that Mr. Ayala attended a meeting with staff and was advised to sign the docu- ment in order to "get things underway. II Mr. Bill Smith pointed out that the document reads owner, manager, agent, tenant, etc. and states he has authority to sign the stipula- tion and he did so. Counsel Wilson suggested a decision be deferred until she has come back with a writ- ten legal opinion to make part of the record. MOTION: Mr. Strain moved, seconded by Mr. Lazarus, to continue Case No. CEB #90-035 until Auaust 23 because a leaal rulina is requested from the County Attorney. Mr. Pedone suggested that a survey must be done by Mr. Ayala to ascertain proof of which portion of the property he still owns. Upon call for the question, the motion carried 4/1. (Mr. Constantine opposed.) *** CASE NO.: CEB #90-038 RESPONDENT : K. O. Vaughn and Martha Vaughn LOCATION OF VIOLATION: J & C Industrial Park, Part of the NW ~ of Section 11, T49S, R25E, Collier County, Florida, Parcel 142. Commencing at the west ~ corner of Section 11, Township 49 South, Range Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 25 East, Collier County, Florida; thence along the East and West ~ line of said Section 11, as surveyed, N 89 degrees, 40" E, 992.70 feet to the centerline of a road; thence along said centerline, N 0 degrees 31' 42" W, 430.61 feet for a place of beginning; thence continuing along the last described course, 150.00 feet; thence N 89 degrees 28' 18" E, 996.38 feet; thence S 0 degrees 24' 17" E, 150.00 feet; thence S 89 degrees 28' 18" W, 996.06 feet to the place of beginning, being part of the NW ~ of said Section 11. VIOLATION: Section 7, Ordinance No. 82-2, Zoning Ordinance and Sections 5, 6, 7 of Ordinance No. 88-45, Litter Ordinance. COMMENTS: Mr. Bill Smith, Compliance Services Enforce- ment 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 evidence for Case No. 90-038, K. O. Vaughn and Martha Vaughn, respondents. Mr. Smith said the respondents were properly notified as required and Mr. Vaughn is present and is charged as being in violation of Ordinance No. 82-2 and Ordinance No. 88-45. Mr. Vaughn was sworn in and stated for the record that he did not feel the material on the site was trash or litter. Mr. Bill Smith said that on March 7, 1990, Case No. 90-05-1261 was started, involving an accumulation of trash, debris and litter on the unimproved property located as described on Page 1, item #2. On May 14, 1990, a notice of violation and stipulation was prepared and mailed to the property owners, Martha Vaughn and K.O. Vaughn, certified mail, Mr. Smith said. On May 22, Mrs. Vaughn signed the receipt for certified mail for the stipulation and notice of violation, he said, and on June 5, 1990, Investigator Tomasino found more litter and trash dumped on the property. On June 13 Inspector Tomasino observed bulldozing Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 being done on the property without a permit, Mr. Smith continued, and on June 19, 1990 Investigator Tomasino talked with John Boldt of Southwest Florida Water Management and was told that the lake and debris that was dumped in the lake at that time was an easement and it was in fact the owners' property. Mr. Boldt stated the respondent could fill in the easement, but only with an approved material, Mr. Smith said, and on June 30, 1990, Mr. Tomasino talked with Mr. Vaughn (2~ weeks after the compliance date) and Mr. Vaughn stated he did not see any problem in the matter and refused to correct the violation, saying he will appear before the Code Enforcement Board. Mr. Smith said that Inspector Tomasino revisited the property on July 25, 1990, Mr. Smith has had conversation with Mr. Vaughn and explained the ordinance to him, and Mr. Vaughn has cleared, cleaned and removed up to 95 percent of the material that was on the property. There are still some large pieces of concrete on a shoal and staff has given him 15 days to clean that up, and Mr. Smith said Mr. Vaughn has been notified that if the property is not in compliance at the end of that time, Compliance Services will recommend a $250jday fine. Mr. Vaughn said he has changed his mind about clearing up the concrete still on site, that when the land was first purchased, garbage and trash were dumped on the property by persons unknown. He complained to Code Enforcement about it and was told there was nothing they could do to prevent that, and he received the same response from the Sheriff's Department, so he tried to keep the property cleaned up. He put some long poles on the property and was told they must go, so he removed them; then Mr. Tomasino said the southern part of the property near Elsa Street must also be cleared. Mr. Vaughn said that foliage growing on the south side blocks the view of neighbors and he feels this is not an eyesore, and per- sons unknown left large pieces of concrete. He also complained to the Engineering Department that the easement is located in the wrong place and he cannot use the land as it Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 is, he said, and asked if he could pipe it in and cover it over and split the cost with the owner next door. Mr. Vaughn said he was told that was permitted. Mr. Vaughn said the material on the property is concrete roof tile, and broken-up asphalt and this is not litter, he said, but he cleaned up the broken asphalt. He said he has been sent from one office to another seeking a permit to use the concrete on the banks of the drainage ditch, and finally the South Florida Water Management District informed him that the J & C Industrial area has been fully per- mitted. Mr. Vaughn said since the persons unknown had left the concrete chunks on his property, he plans to use them in the drainage ditch area as good fill. Mr. Clark referred to a report that there was a sign on the property directing where to dump and Mr. Vaughn said he had a chain across the entrance and one party had a key in order to leave some clean fill, not the concrete which is in question. Mr. Clark pointed out that no improvement of property can be done prior to getting a building permit and bulldozing was proceeding on the property without a per- mit, and Mr. Vaughn is in violation there. Mr. Bill Smith entered 3 photographs into the record as Page 25 of Composite Exhibit "A" and Mr. Vaughn identified them as photographs of the pole saying "dump here" and chunks of concrete. Mr. Smith stipulated that 95 per- cent of the debris has been removed and this is the only violation left to clean up. Mr. Vaughn requested a definition of construc- tion material and Mr. Strain said it is formed material. Mr. Lazarus asked Counsel if this is litter or construction material and Ms. Wilson said it can be found to be litter, it must be determined as to what use it is intended for. Mr. Clark said if Mr. Vaughn obtains a permit that authorizes the use of this concrete for a specific purpose, that is satisfactory. Mr. Pedone asked how long it might take to break it down into small pieces Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: JULY 26, 1990 and Mr. Vaughn said he does not know, that he cannot get a permit to use it and the drainage easement is in the wrong place. Mr. Clark suggested that if a permit is not obtained within 30 days, then Mr. Vaughn must remove the concrete or make it into small pieces, bringing it into compliance one way or another, and Mr. Vaughn agreed. Made by Mr. Strain that the findings of fact and order, this case came on for public hearing before the Board on July 26, 1990. The Board having heard testimony under oath and received evidence and heard arguments respective to all appropriate matters, thereupon issues its findings of fact and conclusions of law and order as follows: Under findings of fact, that Martha and K. O. Vaughn are the owners of record of subject property, that the Code Enforcement Board has jurisdiction and that K. o. Vaughn was present at the public hearing. All notices required by Collier County Ordinance No. 88-89 have been formally issued, that the property located at J & C Industrial Park described as paragraph 2 with Exhibit and Request for Hearing is in Violation of Sections 5, 6 and 7, Collier County Ordinance No. 88-45 and Section 7 of Ordinance No. 82-2 as amended in the following particulars: illegal and unauthorized accumulation of litter, trash and debris, and improvements without a permit. Seconded by Mr. Pedone. Carried 5/0. Made by Mr. Strain that Martha and K.O. Vaughn are in violation of Section 7 of Ordinance No. 82-2 and Sections 5, 6 and 7 of Ordinance No. 88-45 and the Order based upon the foregoing findings of fact and conclusions of law and pursuant to the author i tv granted in Chapter 162 Florida Statutes, Collier County Ordinance No. 88-89 as amended, it is hereby ordered that the respondents correct the violation of Section 7, Ordinance No. 82-2 and Sections 5, 6 and 7 of Ordinance No. 88-45 by getting a permit in 30 dayS and/or removing said debris, that said correction be completed on or before Auaust 26, 1990, and if respondents do not Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 comply with that order on or before that date, in that event the respondents are ordered to pay a fine of $100/day for each and every day any violation described herein continues past said date. Failure to comply with the order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes which may be foreclosed and the respondents' property sold to enforce the lien. Seconded by Mr. Lazarus. Mr. Andrews asked if the fine were to be $150/day as Mr. Clark had suggested or if Mr. Strain intended to make it $100/day, and Mr. Strain said since this is not a life- threatening situation, he felt $100/day is sufficient. Upon call for the question, the motion carried unanimously (5/0). *** CASE NO.: CEB 90-039 RESPONDENT: Fortino Garcia, Jr. and Lionel Garcia LOCATION OF VIOLATION: The South ~ of tract #42 from an unrecorded plat: The South ~ of the South ~ of the Northwest J~ of the Southwest ~ of the Southeast ~ of Section 17, Township 51 South, Range 27 East, Collier County, Florida and: The North ~ of Tract #42 from an unrecorded plat: The North ~ of the South ~ of the Northwest ~ of the Southwest ~ of the Southeast ~ of Section 17, Township 51 South, Range 27 East, Collier County, Florida. VIOLATION: Violation of Section(s) 5, 6 and 7 of Ordinance No. 88-45, the Collier County Litter Ordinance for illegal and unauthorized accumu- lation of litter, trash and debris. COMMlDfts : Enforcement Coordinator Bill Smith presented Composite Exhibit "A" and requested that this document become a part of the record relating to Case No. 90-039, Fortino Garcia, Jr., and Lionel Garcia, respondents. The Respondents Page 13 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 are not present, Mr. Smith reported. Mr. Smith stated that Fortino Garcia, Jr., and Lionel Garcia are charged before the Board with being in violation of the Litter Ordi- nance No. 88-45, Sections 5, 6 and 7, being owners of record of the parcel described as Item #2 on Page 1 of the Composite Exhibit "A". The respondents have been advised the violations need to be corrected, Mr. Smith continued, and that proper notice has been served as required by Ordinance. He said that notices and violation and stipulations have been signed by Lionel Garcia and that on February 14, 1990 Compliance Services received a complaint of litter and debris at the above- described property. Investigator Mazzone found that illegal dumping in progress and piles of trash, litter and debris had been discarded. On February 20, 1990, a certified copy of the was obtained and a notice of violation and the stipulation were mailed to the respondent as signed on Page 5, 6 and 7, he said. On February 26, Mr. Smith said, a certified copy of the Ordinance was also mailed to the respondent, on March 2, 5 and 12 the property was rechecked for compliance and found still in violation. Mr. Smith noted that on March 14 Compliance Services received the stipula- tion and the notice of violation back from Mr. Garcia and it had been signed; however, on March 19, a copy of the notice and stipulation was received back which showed respondents had refused delivery; on April 3, April 23, 24 and to date staff confirmed that violation con- tinues. Investigator Dennis Mazzone was sworn in and said that on July 25, 1990 the property is still in violation of Ordinance 88-45, Sections 5, 6 and 7. He has had telephone contact with the respondents, informing them of the meeting today (July 26) and they responded that they will be selling the pro- perty and are not concerned about the litter now on the property. Staff concern, Mr. Smith said, is that the violation needs to be removed. Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: JULY 26, 1990 Mr. Clark said that Inspector Mazzone has documented that Mr. Garcia has not been cooperative, there does exist an accumulation of debris and garbage to be cleaned up and staff recommends that the respondent(s) be given 15 days to clean up or that a fine be imposed of $250/day. Mr. Constantine asked for a motion for finding of fact and order. Made by Mr. Andrews that Fortino Garcia, Jr. and Lionel Garcia are the owners of record of the subject property; that the Code Enforce- ment Board has jurisdiction of the persons of the Respondent and that the respondents were properly notified of the hearing and did not attend; all notices required by Collier County Ordinance 88-89 have been properly issued. The properties located at Collier County Parcel 42, Section 17 Township 51 South, Range 27 East owned by Messrs. Garcia are in violation of Ordinance 88-45, Sections 5, 6 and 7, having an unauthorized accwaula- tion of litter, trash and debris in excess of 14 dump truckloads. Seconded by Mr. Lazarus. Carried 5/0. Made by Mr. Andrews that corrections of the violation of Ordinance 88-45, Sections 5, 6 and 7, be made by removing all litter from the property and be disposed of at an approved landfill, that said corrections be completed on or before August 10, 1990 and if the respondents do not comply with this order on or before that date, then and in that event, the respondents are hereby ordered to pay a fine of $250/day for each and every day of any violation as described herein that the viola- tion continues past said date. Pailure to comply with the order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes, which may be foreclosed and respondents' pro- pertv sold to enforce the lien. Seconded by Mr. Strain. Mr. Pedone asked Mr. Andrews if he might entertain a motion amendment to remove the 15 Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 day grace period and substitute a deadline of 9:00 A.M. tomorrow (July 27, 1990) because the respondents have had 5 months in which to comply with the violation notice. Mr. Clark said the record needs to be protected against a possible later determination of "an unreachable goal." Mr. Clark added that the fine can come from the property even if it is sold prior to August 10. Ms. Wilson said the order can be signed and recorded immediately but since the respondents are not present, the county will be on safer ground to give them adequate notice and deliver a copy of the order to them. Mr. Lazarus asked if Mr. Andrews is willing to amend the compliance date to August 2, 1990. Mr. Andrews amended his motion to make the date of compliance August 2, 1990. Upon call for the vote, the motion carried 5/0. *** ***Mr. Mark Strain left at the 11:40 A.M. recess*** *** CASE NO.: CEB 90-040 RESPONDENT : Anne Louden Herndon LOCATION OF VIOLATION: 8085 Bayshore Drive, Units A & B, Naples, Florida, Lots 103 and 104, Hallendale, according to plat thereof as recorded in Plat Book 4, Page 25 of Public Records of Collier County, Florida. VIOLATION: Numerous violations of Collier County Housing Code such as broken windows, screens missing, infestation, plumbing deficiencies. COMMEIn'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. Consensus was to admit Composite Exhibit "A" into evidence for Page 16 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 Case No. 90-040, with Anne Louden Herndon as respondent. Mr. Smith said the respondent has been pro- perly served as required by the Ordinance and is not present, adding that Ms. Herndon is in violation of the Housing Code Ordinance 89-06, Section 5, being the owner of record of the parcel at 8085 Bayshore Drive, Lots 103 and 104, Hallendale as recorded in Plat Book 4, Page 25 of the public records of Collier County. On May 2, 1990 Compliance Services received a complaint from a "concerned citi- zen" at Woodside and Bayshore Drive, stating that the property located at 8085 Bayshore Drive was in violation of numerous housing code violations and too many occupants were in residence, Mr. Smith reported. On May 7, 1990 Investigator Maria Valcarcel and Investigator Robert Thurston inspected the property and found an excessive amount of litter scattered throughout the exterior of the property, he said. At this time they were unable to enter the unit because no one was home, but on May 8 the two investigators again visited the pro- perty in question and inspected Unit A. An entry consent form was obtained, several violations of the housing code were noted and Ms. Herndon was personally served with a notice of violation and stipulation and she signed for them, Mr. Smith noted. Mr. Smith said that Ms. Herndon has not corrected any of the violations as of May 21, that a letter of violation consisting of five pages was mailed certified mail to her home and was returned refused, the property in question was also posted, and she was sent a violation letter at another address which was also refused and unclaimed. He noted also that three different notices to appear for the hearing were sent to her addresses of record as well as posting the property with the notice of hearing. Mr. Smith administered the oath to Investiga- tor Valcarcel and Mrs. Valcarcel said she had talked to Ms. Herndon and the respondent agreed that violations existed and she would Page 17 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: JULY 26, 1990 try to correct them. Mr. Clark asked if any corrections have been made and Ms. Valcarcel said on Page 12 under Unit A, violation #3 was cleaned up on June 10, 1990 and on Page 14, Unit B, violation #15 was complied with by July 13, 1990, but all other violations still exist. Mr. Clark asked if Ms. Herndon has communica- ted with Investigators concerning the viola- tions not yet corrected, and Ms. Valcarcel said she has not done so. Investigator Valcarcel said that on July 13 she observed plumbing waste, a water pipe draining into the septic was cracked, ceilings were rotted from leaking and walls and floors were rotted in both unit from rainwater leakage, there are holes in the walls. She added that Unit A is occupied by children and adults and Unit B is occupied by adults, and this is the same Anne Herndon summoned before the Board for viola- tions on Holly Avenue property. Ms. Valcarcel said that window panes are broken, the roof is still defective, electrical outlets are still defective, and the violations are substantial in number and type. Mr. Clark recommended to the Board that the property owner be given 15 days to bring these properties into compliance and that a $250/day fine for each violation be levied against the property. Mr. Lazarus asked if these violations are con- sidered potential health hazards and Mr. Clark said two are being monitored to determine if they are an imminent health hazard, or margi- nal. He added that this is a knowing and willful violation. Mr. Clark said that fines are still accumulating at another location for violations that have not been corrected, demonstrating behavior that indicates little concern. Mr. Clark suggested that a reaso- nable time to do repairs be given the respon- dent. Made by Mr. Lazarus that based on the findings of fact and the evidence presented, Anne Louden Herndon is the owner of subject pro- perty, that the Code Enforcement Board of the person of the respondent and that respondent Page 18 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 26, 1990 was not present at the public hearing; all notices required by Collier County Ordinance 88-89 have been properly issued; that the pro- pertv as described in COMPosite Exhibit A, page 1, paragraph 2, is in violation of Section 5 of Collier County Ordinance 89-06 as &mended in the following particulars: numerous violations specified in Exhibit A, pages 12, 13 and 14 including broken windows, miSSing screens, infestation and plumbing violations constituting a total of 13 uncorrected violations. Seconded by Mr. Andrews and carried 4/0. MOTION: Made by Mr. Lazarus, conclusions of law that Anne Louden Herndon is in violation of Section 5, Collier Countv Ordinance 89-06 as ...nded, Order based upon the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 162, Plorida Statutes and Collier County Ordinance 88-89 as aaended, is hereby ordered that the respondent correct the violations of Section 5, Collier County Ordinance 89-06 as amended by correcting the 13 violations by making necessary repairs to windows and plumbing, replacing missing screens, eliminating infestation, and taking other actions to correct such violations; that said corrections be completed on or before August 5, 1990 and if respondent does not comply with this order on or before that date, then and in that event, respondent is hereby ordered to pay a fine of $250/day for each and every violation committed, for any day any such violation described in Composite Exhibit RAR continues past said date. Pailure to comply with the order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes which may be foreclosed and respondent's proper tv sold to enforce the lien. Done and ordered this 26th day of July, 1990 at Collier County, Plorida. Seconded by Mr. Pedone and carried 4/0. Mr. Lazarus asked if the Board has authority to recommend criminal prosecution on cases involving potential health hazards, and Mr. Clark responded this is a good case in which Page 19 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OLD BUSIRESS: ... BUSIHSS: JULY 26, 1990 to pursue that option, and staff will attempt to serve a summons on Ms. Herndon. Ms. Wilson presented an update on the Tari case, saying that a meeting has been held bet- ween the Tari attorneys and county attorneys and the result of that meeting is that the Tari attorneys will prepare a proposal to sub- mit to the county attorneys. Staff is currently awaiting that proposal for settle- ment. She added that no one will be permitted in any instance to violate any county ordi- nances. Mr. Constantine said that the Board is depending on staff to determine if certain forms require the Chairman's signature. Can the form "Imposing Fine and Lien", read "Code Enforcement Official" or is it legally required to have the Chairman's signa- ture? Ms. Wilson said any form designated as an Order must have the Chairman's signature. The information can be sent out without the Chairman's signature, but she suggested an Order be signed and held until necessary, thus simplifying the procedure. Mr. Constantine agreed that procedure should be considered. *--There being no further business, the meeting was adjourned by Order of the Chair*.* CODE ENFORCEMENT BOARD OF COLLIER COUNTY Timothy Constantine, Chairman Page 20