CEB Minutes 08/23/1990
1990
Code
Enforcement
Board
August 23, 1990
CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
AGE N 0 A
Date: Auqust 23. 1990, at 9:00 o'clock A.M.
.,
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF
THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS
PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE
ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS
RECORD.
1 . ROLL CALL
2 . APPROVAL OF AGENDA
3.
APPROVAL OF MINUTES
July 28, 1990
4. PUBLIC HEARINGS
A.
Board of County Commissioners vs Jesus Avala;
Case No. CEB #90-035
~-
B. Board of County Commissioners vs Nodila Josurin;
Case No. CEB #90-035
C. Board of County Commissioners vs Ruben Gonzalez:
Case No. CEB #90-035
D. Board of County Commissioners vs. Alida Victor Hall;
Case No. CEB #90-035
E. Board of County Commissioners vs. Marv Garcia Avala:
Case No. CEB #90-041
F. Board of County Commissioners vs. Juan Perez and
Matilde Perez: Case No. CEB #90-042
G. Board of County Commissioners vs. Aubrev Cooper;
Case No. CEB #90-043
H. Board of County Commissioners vs. Cecelia M.
D'Aqostino; Case No. CEB #90-044
I. Board of County Commissioners vs. I. E. C. Rentals.
Inc.; Case No. CEB #90-045
J. Board of County Commissioners vs. John Phillips and
Anne Karpowich: Case No. CEB #90-046
.(
5. OLD BUSINESS NIA
6. NEW BUSINESS NIA
7. REPORTS: NIA
8. NEXT MEETING DATE
Scheduled for Sept. 27, 1990, at 9:00 A.M.
9. ADJOURN
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
DATE:
August 23, 1990
TIME:
9:00 A.M.
PLACE:
Third Floor Boardroom, Building F, Collier County
Government Center, Naples, Florida.
~J~:_B_.l?JtEJ;)_EJ~-T
~J'bB'f .PRESENT
CHARLES ANDHEWS
TIM CONSTANTINE
MONTE LAZARUS
MARK LAMOUREUX
MICHAEL PEDONE
MARK STRAIN
JACKIE WILLIAMS
~~c
WIl..1.L^.-M CLARK
RAMIRO MANALICH
BILL SMITH
RICHARD YOVANOVICH
~,I;l,IJ1J'_E$.._aY: Sabrina C. Cheaney- Farrell, Court Reporter
CALLE.D._ TQ_ .OJ{PERJ\.T : 9 : 00 A. M .
AI).JOliHNED: 1: 30 P. M.
PRE.p_JJ2JN9: Timothy Constantine, Chairman
APDEIiRA. 1'0_. THE._AGENDA: None
MJ;NJJTt=.S._'I'Q.__AP'p-R,()VE: July 26, 1990.
~, <l e: e 1
CODE ENFORCEMENT BOARD OF COLLIE~ CO~NTY
ITEt1:
COMMENTS:
MOTION:
CASE NO:
RESPONDENT:
LOCATION OF
VIOLATION:
YJOLATIO.N:
QQMMENTS:
A..l.l9 U_g_T~~l 990
***
Agenda approval.
Mr. Strain requested an update on the status of
Tara's Nursery.
Chairman Constantine suggested this item be placed
under old business.
Made by Mr. Lazarus,
accept the Minutes
carried 7/0.
seconded by Mr. An~rews, to
of July 26, 1990. Motion
***
CEB #90-041
Mary Garcia Ayala
The South 93.00 feet of the North 186.00 feet of
Lot 4, PALM ESTATES as recorded in Plat Book 3,
Page 39, of the Public Records of Collier County,
Florida.
The South 94.00 feet of Lot 4, PALM ESTATES as
recorded in Plat Book 3, Pa~e 39 of the Public
Records of Collier County, Florida.
Ille~al and unauthorized accumulation of litter,
trash, and debris.
Mr. Bill Smith, Compliance Services Enforcement
Coordinator, indicated that Exhibit "A" has been
given to the Board and he requested that it be
admitted into evidence.
There being no objection by the respondent, the
consensus was to admit Composite Exhibit "A" into
evidence for Case No. CEB #90-041, Mary Garcia
Ayala, Respondent.
Mr. Bill Smith informed the Board that the
Respondent was properly notified as required, and
was not present, and are chart;ed with being in
violation of Sections 5, 6, and 7 of Ordinance No.
88-45, the Collier County Litter Ordinance, and
Page 2
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
AUGUST 23. 1990
is the owner of record of the subject property
located at 1706 Palm Avenue.
Mr. Bill Smith further stated that the property is
in compliance at this time. Compliance Services
would like to recommend that should this violation
occur again on this property, that a $150 a day
fine be imposed.
Mr. Lazarus inquired as to the recommendation
regarding future violations.
Mr. Bill Smith stated that it took a long time to
get the Respondents into compliance and that they
had a history of allowing this type of violation
occur.
Chairman Constantine asked for
finding of fact and order.
a motion for
MOTION:
Made by Mr. Andrew~ that Mary Garcia Ayala is the
owner of record of the subject property; that the
Code Enforcement Board has jurisdiction of the
persons of the Respondent and that the Respondent
was properly notified of the hearing and did not
attend; all notices required by Collier County
Ordinance 88-89 have been properly issued. The
property located at Lot 4, PALM ESTATES, as
recorded in Plat Book 3, Page 39 of the Public
Records of Collier County, Florida, see Paragraph
2 of Exhibit "A", is in violation of Sections 5,
6, and 7, having an unauthorized accumulation of
lit tel', trash and debris. Seconded by ~tr_..
1.~g;~_:r_\ls. Motion carried 7/0.
MPiIPN:
Made by M.J'__--Alld_reW$ that Mary Garcia Ayala is in
violation of Ordinance 88-45, as amended, Sections
5, 6, and 7. Based on the foregoing findings of
fact and conclusions of law and pursuant to
Chapter 162, Florida Statutes, it is ordered that
the Respond~~.r~~~~t the violations in Sections
5, 6, and 7 o~ Or 1nance 88-45, as amended, by
removing all !tlegal and unauthorized accumulation
of litter, trash, and debris to an approved
landfill. If there is any future reoccurrence, a
fine of $150 per day will be imposed for each and
every day of any violation as described herein
that the violation continues past said date.
Failure to comply with the order within the
specified time will result in the recordation of a
Pa~e 3
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
CASE NQ:
RESPONDENT:
LOCATION OF
VIOLATION:
VIQL..h:rIQN:
C~QMMENTS :
AUGUST 23, 1990
lien pursuant to Chapter 162, Florida Statutes,
which may be foreclosed and Respondent's property
sold to enforce the 1 ien. Seconded by Mr_~_
Williams.
Mr. Lazarus inquired whether it was the intent of
the motion that a fine be automatically imposed if
the property is red-tagged.
Mr. Bill Smith informed him that it was as of
Notice.
Mr. Lazarus further inquired whether that was a
proper procedure or if the Board had to go through
another hearing before the fine can be levied.
Mr. Yovanovich informed the Board that the fine
can be levied once they are Noticed that a
violation has occurred.
Upon call for the vote, the motion carried 7/0.
***
CEB #90-035 (Ayala)
Jesus and Mary Ayala
The West 380 feet of the East 1070 feet of the
North 1/2 of the SE 1/4 of the SE 1/4, 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 1/2 0 the SE 1/4
of the SE 1/4, 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 1/2 of the SE
1/4 of the SE 1/4, and the lands described in O.H.
Book 155, Page 27, and O.R. Book 146, Pa~e 517,
and O.R. Book 169, Page 427, and O.R. Book 118,
Page 1750, Public Records of Collier County,
Florida.
AIIow the unauthorized accumulation of trash,
debris, garbage, wood, tires, and litter.
Mr. Bill Smith, Compliance Services Enforcement
Coordinator, reminded the Board that this case was
continued from July 26, 1990. Mr. Bill Smith
Page 4
QQDE._ENJ~QBQ EMJ~':NJ'__.~QAED_ _QE co L L I EH__<:;Q !l.NIY____.___~~_~___~~{jQJLS T 23 L 1 9 BQ
distributed a supplemental package to the Board.
Respondent's attorney, Mr. Richard Smith, was
provided with a copy on August 22, 1990.
Mr. Bill Smith informed the Board that the package
was sent out, Certified Mail, delivery was
attempted on 7/31, 8/6, and 8/14 but was
unclaimed.
Mr. Richard Smith objected to the packet that was
handed out. He stated that he received a copy for
the first time late in the afternoon on August 22,
1990.
Mr. Richard Smith further objected that he did not
feel it was proper to have those documents before
the Board at this time. Mr. Richard Smith stated
that the document was inaccurate and an effort to
add confusion to the proceedings. Mr. Richard
Smith further objected to the timeliness of the
documents.
Mr. Bill Smith stated to the Board that the copy
which was delivered to Mr. Richard Smith noted the
ordinance that was violated, noted the sections of
the ordinance that was violated, and in addition
to that copies of the ordinance with the part
that was in violation also outlined.
Mr. Bill Smith also stated that there was an
additional notice regarding the subdividing of the
property. There is some question as to whether
the property is divided legally.
Mr. Richard Smith stated that the code compliance
department was attempting to cast Mr. Ayala in a
bad light before this Board which was improper.
Mr. Richard Smith further suggested that the
procedures be properly followed when presenting
issues to the Board.
Mr. Clark took issue
Mr. Richard Smith.
sufficient attempts
documents to the
unclaimed.
with the statements made by
Mr. Clark stated that
were made to provide the
Respondent, but they were
Chairman Constantine requested that Mr. Bill Smith
give a brief overview of the cases listed under
Case Number CEB #90-035. Mr. Bill Smith complied
Page 5
CODE ENFORCEMENT BOARD OF COLLIE~~Q~~~Y
AUQ~T 23, 1990
by explaining that the tenants of the property
were notified as well as the property owner.
Mr. Yovanovich stated that Assistant County
Attorney Brenda Wilson prepared a legal opinion as
to whether or not Mr. Ayala could be held
responsible for what occurred on the property
after he had entered into an agreement for deed.
Copies of the legal opinion were distributed to
the Board members as well as the attorney for the
Respondents.
Mr. Yovanovich further stated that it was the
opinion of the County Attorney's office that Mr.
Ayala is, in fact, the legal title holder to this
property since final payment has not been received
for the deed.
Mr. Strain stated that since that was the case,
the followin~ three cases were not needed at that
point because they needed to concentrate their
efforts on Mr. Ayala's case.
Mr. Bill Smith then stated to the Board that Staff
would dismiss at this time the cases against Hall,
Josurin, and Gonzalez.
Mr. Richard Smith distributed to the Board copies
of court decisions. Mr. Richard Smith further
discussed the history of this case. Mr. Richard
Smith stated that there is some confusion as to
whose responsibility it is to clean up the
property.
Mr. Richard Smith stated that at the last meetin~,
Mr. Ayala agreed to clean up the portion of the
property that is in his name. That he would agree
to comply if there is such a need. Since that
time Mr. Ayala has ~one to the property and spent
over $2,000 to clean that property.
Photographs presented by Mr.
the Board.
Ayala were shown to
Mr. Richard Smith requested that the Board read
the memorandum submitted by the County Attorney.
He further requested that the Board read the court
decision he submitted.
Page 6
COI2E~NEQRQJlliENT BOARD Q_f~OLLIj'~B_<2QUNT_Y
AJLGUST_~_3_J~~ 0.
Mr. Lazarus stated that the law of real property
was fairly established, and that a contract for
deed does not convey title until full payment has
been made.
Mr. Richard Smith stated that the case of Mid-
State Investment Corporation versus C. B. O'Steen
and Nell O'Steen relates why the courts have taken
that position and goes into who is responsible for
the premises and who has the right to control the
premises.
Mr. Richard Smith further states that the Court in
reviewing the facts involved in an agreement for
deed states that you have to ignore the language
of those agreements for deed which say this is
nothing but an executory contract because there is
a Statute in Florida which says, "We think and we
hold, that the contract involved in this appeal
falls within the ken of the provisions of Section
697.01, Florida Statutes, which reads in
pertinent part instruments deemed mortgages."
Mr. Richard Smith went on to quote, "In our
opinion the contract before us was clearly
intended to secure the payment of money and must
be deemed and held to be a mortgage, subject to
the same rules of foreclosure and to the same
regulations, restraints, and forms as are
prescribed in relation to mortgages, to use the
words of the statute. This being so, the
defendant had only a naked legal title as security
for the indebtedness, had no legal right to
repossess the real or personal property, and had
no such right to trespass upon the real property
or exercise dominion over the personal property."
Mr. Richard Smith further stated that the cases
cited in the memorandum of law prepared by the
County Attorney does not contradict the opinion
stated in the O'Steen case.
Mr. Richard
does not say
cited, but
violations.
Smith also stated that the Ordinance
"the owner" of the property should be
the person responsible for such
Mr. Pedone stal;ed that after reading the O'SLeen
case, he felt it was different than the case 1-l.t
hand in that the O'Steen's borrowed the money to
Page 7
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
AUGll~T~_3_~~.~Q
purchase the property outright, and Mr. Ayala will
not receive the entire purchase price until
sometime in the future.
Mr. Richard Smith stated that the language used in
the O'Steen case regarding the agreement for deed
is the same language used in Mr. Ayala's
agreements for deed and that it is a purchase
money mortgage in that the money is lent by Mr.
Ayala to the purchasers. This transaction
constitutes a mortgage and would be the same as
the O'Steen case.
Mr. Richard Smith further reiterated that they
were not trying to use legal niceties to try to
avoid responsibility. Mr. Ayala has spent an
enormous amount of time and effort to clean up the
property and do his share.
Mr. Clark brought to the Board's attention Page 14
of the packet, Section 7, regarding unauthorized
accumulation of litter.
Mr. Clark read to the Board, "While it is true
that from the time the owner of land enters into a
binding contract for its sale he holds it in trust
for the purchaser, his interest is something more
than an equitable estate. The contract does not
operate to transfer the legal title of the
property to the vendee. Upon full payment of the
agreed purchase price the estate of the vendee may
ripen into a complete equity entitlin~ him to a
conveyance of the legal title according to the
terms of the contract, but the legal title remains
in the vendor."
Mr. Strain inquired if the other owners could ~et
a second mortgage and payoff the property. Mr.
Richard Smith stated that this could be done.
Mr. Richard Smith stated that none of the cases
that have been presented deals with the issue
because that hasn't been brou~ht up and that this
may be a novel case and if they had to go to
court, he felt the court would rule in their
favor.
Mr. Strain made a few comments about the
differences in the two cases presented and
inquired of Mr. Richard Smith \vhat his opInIon was
Page H
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
AUGU~1-'_~19.90
regarding the real property at issue in one case,
and the appliances at issue in the other case.
Mr. Richard Smith stated that the O'Steen case
involved someone in the same position as Mr.
Ayala, a contract vendor. In the case, the
contract vendee stopped making payments and the
vendor went and took over the property, taking the
personal items while they were at it. But it is a
situation where it was real property and they
assumed dominion control over the real property
based on what they thought was their right to do
so and the Court disagreed and stated they only
had a security interest in the property, a
mortgage.
Mr. Bill Smith stated that Staff still contends,
if you look at Ordinance 76-6, that it is unlawful
for anyone that is the owner or agent of the owner
of any land to transfer, sell, agree to sell, or
negotiate to sell such land by reference to
exhibition of or other use of a plat of a
subdivision of such land without having submitted
a plan and plat of such subdivision for the
approval to the Board of County Commissioners. In
addition, the five pieces that we have divided
that Mr. Ayala has agreed to sell, which this says
he cannot, he never submitted those plans. I
have documentation that I will submit into
evidence that says he never submitted those plans.
Chairman Constantine asked Staff if a violation
existed and still does exist on the property. Mr.
Bill Smith stated that was correct.
Chairman Constantine asked the County Attorney if
it was their opinion that Mr. Ayala was
responsible for this piece of property. Mr.
Yovanovich stated that was correct.
Chairman Constantine asked the Respondents if they
agreed there was a violation on the property. Mr.
Richard Smith stated that the violation had been
corrected on Mr. Ayala's portion on the property.
Chairman Constantine inquired as to the entire
property and Mr. Richard Smith stated that he did
not know as to the entire property, but Mr.
Ayala's portion was cleaned up.
Page ~
CODE ENFORCEMENT BOARD OF COLLIER~QUNTY
A!LGJL$ T_~~~~ 0
Mr. Clark presented a photograph to the Board,
taken on August 22, 1990, showing that a violation
does still occur on the entire property.
Mr. Bill Smith stated that the piece of property
that the Respondent is claiming he is responsible
for is cleaned up, but a violation exists on the
remainder of the property which they believe Mr.
Ayala is also responsible for as well.
Chairman Constantine stated that he
uncomfortable in straying from the
provided by the County Attorney. He
stated that the Board had to determine
responsible for correcting this violation.
felt
opinion
further
who was
Mr. Strain inquired if
property would know how
property.
the persons living on the
the debris got on the
Chairman Constantine stated that it didn't matter
how the debris got there, just that it had to be
cleaned up.
Mr. Pedone inquired as to whether there was a
recorded deed or if title has been transferred and
who is shown as the owner of the property in the
official records of Collier County.
Mr. Bill Smith stated that it was their
that Mr. Ayala is still the owner.
agreements for deed recorded, but title
in his name and he is the property owner.
contention
There are
is still
Mr. Richard Smith commented that Mr. Bill Smith
had a couple of times made reference to Mr.
Ayala's supposed failure to abide by subdivision
provisions. Again, to my way of thinking, this is
an attempt to use legal niceties for them to avoid
going to the other owners. The code clearly
states that if there was a failure to comply with
the subdivision requirements does not divest or
void the title that was transferred but what it
does do is it gives a ri~ht to the vpndee to bring
an action against the vendor with~n one year of
the transfer.
Mr. Clark reiterated to the Board that the issue
is the failure to do what the County Ordinance
says, is a violation of the County Ordinance. It
i--'a~e 1u
CODE ENFORCEMENT ~OAJW O-LCO!L:{..IEILCOUNTX___
AYGU.~1__2_h...1J1)~Q
does not go into what action they may have
a~ainst the vendor. It is simply a violation of
the County Ordinance, the failure to subdivide the
property.
Mr. Richard Smith said that this is not an issue
before the Board today, and is simply an attempt
to muddy the waters.
Mr. Lazarus asked Mr. Yovanovich his opinion in
reviewing the two cases. Mr. Yovanovich agreed
with Brenda Coker's memorandum.
Mr. Lazarus inquired whether they had the
authority, under the ordinance, to impose joint
responsibility to clean up the property. Mr.
Yovanovich stated that any property owner, tenant,
occupant, agent, can also be held responsible
under the ordinance for cleaning up the property.
Mr. Andrews stated that it was their
responsibility to enforce the violations. He
further commented that the arguments between the
attorneys could go on forever and they are not in
a position to solve that problem. And that under
those circumstances, they will follow the County
Attorney's opinion of the law.
Mr. Clark stated that he agreed with counsel, that
they were not there to argue the niceties of the
law. All they want is for the property to be
cleaned up within ten days. If the property is
not cleaned up within ten days, they would
recommend a fine of $250 per day, every day, until
the trash and debris is cleaned up be imposed.
And, further, if it should reoccur, that the same
fine begin daily after that.
Mr. Strain asked to hear Mr.
response to Mr. Clark's suggestion
response is negative, there may be
that the Board would want to hear.
Richard Smith's
because if his
other evidence
Mr. Richard Smith stated that they have already
indicated that Mr. Ayala is more than willin~ to
cooperate to take care of what he knows to be his
responsibility and he has done so and the pictures
that you have will show that. He is willing to
cooperate to the extent necessary for the other
tenants to c Jean up t.he i r rlC t and t 0 keep the i r
Page 11
Q_OJ2K_El'iEQRCJ!::_M.ENrL._aQ.AR,D_QF___Q..OJJ,~I EH _ CQUNTY______________AJlQ\Ls.:L2_;3.J._UtQ_Q
property clean. I don't believe that it would be
in his interest at all to take a position that it
then is his responsibility to keep those people's
property clean.
Chairman Constantine stated that presentation of
evidence for the Ayala portion of Case Number CEB
#90-035 would be closed.
Mr. Yovanovich
that the new
regarding the
a part of this
commented, to clear the record,
charges that had been brought
subdividing of the property was not
finding.
Chairman Constantine stated that before he asks
for a motion for finding of fact and order, he
would like to reiterate the fact that the County
provides an attorney for this Board to clarify
matters, and with the exception of one member they
are not attorneys, and that is why they rely on
the opinions of counsel. Chairman Constantine
then asked for a motion for finding of fact and
order.
MOTION:
Made by ~r~~_tr~in that Jesus Ayala and Mary Ayala
are the owners of record of the subject property;
that the Code Enforcement Board has jurisdiction
of the persons of the Respondent and that the
Respondents were properly notified of the hearing
and did attend; all notices required by Collier
County Ordinance 88-89 have been properly issued.
The property located in Immokalee, described in
Exhibit "A" of Case Number 90-035 is in violation
of Sections 5, 6, and 7 of Collier County
Ordinance 88-45, as amended, having an
unauthorized accumulation of litter, trash, and
debris. Seconded by MJ:'_'_d_Lf!.E=J!;r'y~. Motion carried
7/0.
MQTION:
Made by HJ"_!__St_r_aj..n, conclusions of law that Jesus
Ayala and Mary Ayala are in violation of Sections
5, 6, and 7, Collier County Ordinance 88-89, as
amended, it is hereby ordered that the Respondents
correct the violations of Sections 5, 6, and 7,
Collier County Ordinance 88-45, as amended, by
removing the unauthorized accumulation of trash,
debris, garbage, wood, tires, and litter, that
said correction be completed on or before
September 2, 1990, and if Respondent does not
comply with this order on or before that date,
P<:lg"e 1~
~OI2E_ . EN ~QKGEM_E~T_ItQ_ARP__QF__g_Q~J-!)J.~K__ <;QlJNTy_________A UGlI~. T__2~L_19jl_O
then and in that event, Respondent is hereby
ordered to pay a fine of $250 per day for each and
every violation committed, for any day any such
violation 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 Respondents' property sold to
enforce the lien. Seconded by Mr!~Qg~~~~.
Mr. Lazarus asked Mr. Strain, it was recommended
by Mr. Clark that if there was a reoccurrence that
after the litter was cleared that a fine be
imposed of $250 per day. And I wonder if Mr.
Strain is willing to accept an amendment to that
provision.
Mr. Strain commented that it was his understanding
that anything that happened after September 2nd,
that occurred on that property, that would come
under the second violation and would fall that
way. But if you want to specifically state it
that way, I have no objection to it.
Mr. Strain restated the amendment as follows:
That Mr. Ayala will remove all unauthorized
accumulation of trash, debris, garbage, wood,
tires, and litter, and that they shall remain
removed. If it should occur again, or it is not
cleaned up as of September 2nd, which is ten days
from today, after due notice, then the fine will
go on automatically.
Chairman Constantine called for a vote. The
motion carried 7/0.
***
A five minute recess was taken.
***
CASE_NO:
CEB #90-035 (HaJJ l
RESPONDENT:
Alida Victor HaJl
Pi:l.~e 13
g_QI) E EN..F_OHQE.ME.NL_12QARD Q E-QOL.LIER_nCOUN TY__
LOCATION OF
YJOLA'tIOl'J. :
YIQLAT_ION:
QQM.MENT~ :
MOTION:
__A U G U.5T _2..3 L_:l9~Q
The East 60.00 feet of the South 102.53 feet of
the North 632.53 feet of the West 130.00 feet of
the East 1070.00 feet of the North 1/2 of the
Southeast 1/4 of the Southeast 1/4 of Section 4,
Township 47 South, Range 29 East, Collier County,
Florida. TOGETHER with mobile home located
thereon.
Section 5, 6, and 7, Ordinance No. 88-45, Litter
Ordinance.
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 Exhibit "A" into evidence
for Case Number 90-035, Alida Victor Hall,
Respondent.
Mr. Bill Smith stated that the Respondent was
properly notified as required and that Alida
Victor Hall is present in the Boardroom.
Ms. Hall was sworn in and stated for the record
that the garbage and debris was already there when
she bought the property.
Mr. Strain stated that
Board should penalize
trash and debris was
purchased it.
he did not feel that the
her at this point when the
on the property when she
Mr. Clark stated that the people who mav be
committing the violations may be tenants there and
contributing to the dilemma so that if they are or
do contribute in the future, that the same fine is
imposed against all the parties.
Mr. Clark further stated
parties responsible will
clean up the property.
that
give
holding all the
an incentive to
Chai rmBn Constantine asked for it mot i on 1'0 ['
finding of fact and order.
Made by M:r.__Lazarus that based on the findings of
fact and the evidence presented, Alida Victor Hall
is the tenant of record of the subject property,
I'a.gp 14
Q9DE_ENEQRGE.ME_NJ'_ BOA RJ!__9F__CQLLJ_EJt_QQUNTY_ ____________A lJGU$L_2 3_L_t 9 ~HJ
that the Code Enforcement Board has jurisdiction
of the persons of the Respondent and that the
Respondent was properly notified of the hearing
and did attend; all notices required by Collier
County Ordinance 88-89 have been properly issued.
The property located at Exhibit "A" described as
Paragraph 2, Page 1, is in violation of Sections
5, 6, and 7 of Collier County Ordinance Number
88-45, as amended, unauthorized accumulation of
trash, debris, garbage, wood, tires, and litter.
Seconded by }fI'_~_La,ID9.J!r~_1l]('
Mr. Williams inquired why the Board
this Respondent when she did not
property.
was chargin~
live on the
Mr. Clark stated that the language under the
Ordinance states property owner, tenant, occupant,
agent, manager, or other person who owns,
maintains or controls will cover whatever capacity
she is in.
Mr. Lazarus amended his motion to read that Alida
Victor Hall is a owner, tenant, occupant, agent,
manager, or other person who owns, maintains or
controls private or improved or unimproved
property. Seconded by ~t:r_L___kaIDg!U_'~Jl~. Motion
carries 7/0.
MQIJQN:
Made by M:r--.-!.___L~za,:rJ.lS_, conclusions of law pursuant
to the authority granted in Chapter 162, Florida
Statutes and Collier County Ordinance 88-89, as
amended, it is hereby ordered that the Respondent
correct the violations of Sections 5, 6, and 7,
Collier County Ordinance 88-45, as amended, by
removing the accumulation of trash, debris,
garbage, wood, tires, and litter. That said
corrections be completed on or before September 2,
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 per day for each and every day the
violation described herein continues past said
date, and that a fine of $250 per day for each and
every day any violation shaIl reoccur on said
property. 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 Respondent's
property sold to enforce the lien. Done and
Pa2;e 15
CQDEu_EN F'QRCEME.NT._I30ARD_.QF...G_OI"L I ER __ .G9UNTY
QASE NQ:
RE.SJ>QNRENT:
LOCATION OF
Y_LQ~__AT I.QJl :
VIOLNI'IQN:
COMMENTS:
.. __ AUmLS_T__2.3_.1._19_~_0
ordered this 23rd day of August, 1990, at Collier
County, Florida. Seconded by ~Jr._.AIl_d:r~w~. Motion
carries 7/0.
***
CEB #90-035 (Josurin)
Nodila Josurin
The East 60.00 feet of the South 102.53 feet of
the North 632.53 feet of the West 190.00 feet of
the East 1070.00 feet of the North 1/2 of the
Southeast 1/4 of the Southeast 1/4 of Section 4,
Township 47 South, Range 29 East, Collier County,
Florida. TOGETHER with mobile home located
thereon.
The South 60.00 feet of the West 190.00 feet of
the North 530.00 feet of the East 1070.00 feet of
the North 1/2 of the Southeast 1/4 of the
Southeast 1/4 of Section 4 Township 47 South,
Ran~e 29 East, Collier County, Florida. TOGETHER
with mobile home located thereon.
The West 70.00 feet of the South 102.53 feet of
the North 632.53 feet of the East 1070.00 feet of
the North 1/2 of the Southeast 1/4 of the
Southeast 1/4 of Section 4, Township 47 South,
Range 29 East, Collier County, Florida, TOGETHER
with mobile home located thereon.
Sections 5,
Ordinance.
6, and 7 of Ordinance 88-45, Litter
Mr. BilJ Smith. Compliance Services Enforcement
Coordinator, stated that the Recorder and the
Board have been ~iven Composite Exhibit "A" and he
requested this be admitted into evidence. There
be in~ no ob,i ec t ion from the Respondent, consenslIs
was to admit Composite Exhibit "A" into evidence
for Case Number 90-0:35, Nodilla .Josurin,
Respondent.
Mr. Bill Smith stated that the l:tespondents were
properly notified as required and that ~ls. .Josurin
is present in the Boardroom.
Page 16
QQ,l)E_E.NfQRQEr-;1J~~.NT__~QAHJJ_ QF CO_LLl EI:(_ COU_NTY
. ________ _____ AUGUST _2~LJ 9_9.0.
Ms. Josurin was sworn in and stated for the record
that the trash and debris was on the property when
she purchased it. She further stated that she
lives on the property.
Chairman Constantine asked for
finding of fact and order.
a motion for
t-f_QTLQN:
Made by HI'_~__Ang_:rgw_~ that Nodilla Josurin is the
owner, tenant, occupant, agent, manager, or any
other person who owns, maintains, or controls
private improved or unimproved property; that the
Code Enforcement Board has jurisdiction of the
persons of the Respondent and that the Respondent
was properly notified of the hearing and did
attend; all notices required by Collier County
Ordinance 88-89 have been properly issued. The
property located at, see Exhibit "At!, Paragraph 2,
is in violation of Sections 5, 6, and 7 of
Collier County Ordinance Number 88-45, as amended,
unauthorized accumulation of trash, debris,
garbage, wood, tires, and litter. Seconded by M~!
k~z~:r~s. Motion carries 7/0.
MQTJQN::
Made bYH:r_~__Andrew_s, conclusions of law pursuant
to the authority granted in Chapter 162, Florida
Statutes and Collier County Ordinance 88-89, as
amended, it is hereby ordered that the Respondent
correct the violations of Sections 5, 6, and 7,
Collier County Ordinance 88-45, as amended, by
removing the unauthorized accumulation of trash,
debris, garbage, wood, tires, and litter to an
approved landfill. That said corrections be
completed on or before September 2, 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
per day for each and every day the violation
described herein continues past said date, and
that a fine of $250 per day be imposed for each
and every recurrence on said property. Failure to
comply with the order within the specified time
will resuIt in the recordation of a lien pursuant
to Chapter 162, Florida Statutes which may be
foreclosed and Respondent's property sold to
enforce the lien. Done and ordered this 23rd day
of Au~ust, 1990, at Collier County, Florida.
Seconded by Mr. Lazarus. Motion carries 7/0.
Pa2;e
Q_QRE_ENFQRG.EMEW,LJ30ARD Q,L__QOI,-LIER .COUNTY u___________u_AUGUS'I'__2.3_'-_19J30
CbSE__NO:
REfiPQN_PE_N'r :
LOCATION OF
VJ.OLATIO.N:
YLQL_~_'J:':r.QN :
C_QMMENTS :
MOTION:
***
CEB #90-035 (Gonzalez)
R.uben Gonzalez
The South 80.00 feet of the West 190.00 feet of
the North 410.00 feet of the East 1070.00 feet of
the North 1/2 of the Southeast 1/4 of the
Southeast 1/4 of Section 4, Township 47 South,
Range 29 East, Collier County, Florida.
The South 60.00 feet of the West 190.00 feet of
the North 470.00 feet of the East 1070.00 feet of
the North 1/2 of the Southeast 1/4 of the
Southeast 1/4 of Section 4, Township 47 South,
Range 29 East, Collier County, Florida.
Sections 5,
Ordinance.
6, and 7 of Ordinance 88-45, Litter
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 Exhibit "A" into evidence
for Case Number 90-035, Ruben Gonzalez,
Respondent.
Mr. Bill Smith stated that the Respondents were
properly notified as required and that Mr.
Gonzalez is present in the Boardroom.
Mr. Gonzalez was sworn In and stated
record that the trash and debris was
property when he purchased it. He further
that he does not live on the property.
for the
on the
stat,ed
Chairman Constantine asked for a motion for
finding of fact and order.
Made by M~. _Andr~ws that Ruben Gonzalez is the
owner, tenant, occupant, agent, manager, or any
other person who owns, maintains, or controls
private improved or unimproved property; that the
Page I/)
C.QDE _ J~:NLQRCEMEN'I'__BOA~P_.QF_gO_L L JER. _COUN Ty_______________A UQU S 'L_2 :3-,-1~f} Q
MQT;I:ON:
CASE NO:
RESPONDENT:
LOCATION OF
VIOLATION:
Code Enforcement Board has jurisdiction of the
persons of the Respondent and that the Respondent
was properly notified of the hearing and did
attend; all notices required by Collier County
Ordinance 88-89 have been properly issued. The
property located at, see Exhibit "A", Paragraph 2,
is in violation of Sections 5, 6, and 7 of
Collier County Ordinance Number 88-45, as amended,
illegal and unauthorized accumulation of trash,
debris, garbage, wood, tires, and litter.
Seconded by MX_.____L_l:tz_arl,ts. Motion carries 7/0.
Made by Mr'n Andrews, conclusions of law pursuant
to the authority granted in Chapter 162, Florida
Statutes and Collier County Ordinance 88-89, as
amended, it is hereby ordered that the Respondent
correct the violations of Sections 5, 6, and 7,
Collier County Ordinance 88-45, as amended, by
removing the unauthorized accumulation of trash,
debris, garbage, wood, tires, and litter to an
approved landfill. That said corrections be
completed on or before September 2, 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
per day for each and every day the violation
described herein continues past said date, and
that a fine of $250 per day be imposed for each
and every reoccurrence on said property. 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 Respondent's property sold to
enforce the lien. Done and ordered this 23rd day
of August, 1990, at Collier County, Florida.
Seconded by M~. ~illiams. Motion carries 7/0.
***
CEB #90-035
Jesus and Mary Ayala
The West 380 feet of the East 1070 f0et of the
North 1/2 of the SE 1/4 of the SE 1/4, Section 4,
Township 47 South, Hane;e ~9 t:a.st, I':XCEPT THE
FOLLOWlNG: The Sonth 70 feet of t.tlP No!'th JOO
feet of the East 120 feet of t!lI:_' IVpst :3HO feet or'
lJeHU' ] ~
CQ1?_E ENFQ~CEMENT ~01\RJLQ.LQPLLIElL.Q9UNTY
~J,JGUSL~_~~~~_O
the East 1070 feet of the North 1/2 of the SE 1/4
of the SE 1/4, 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 1/2 of the SE
1/4 of the SE 1/4, 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:
Collier County Ordinance 82-2 and 76-6, Article
Numbers 5 and 6C.
CQ~MENT_~ :
Mr. Bill Smith requests Board review Pages 22
through 30, which was all mailed certified mail to
Mr. Ayala.
Mr. Richard Smith states that it was no surprise
that this was going to be brought up today.
However, the Code Enforcement Division has taken a
position at a late time to come in and try to
impose additional violations.
Chairman Constantine asks Mr.
Mr. Ayala declined to pick the
Mr. Richard Smith states that
why.
Richard Smith why
certified mail up.
he does not know
Chairman Constantine states that he doesn't want
it to seem that the County is lacking in it's
efforts to get documents to you or your client.
Mr. Clark further reiterates that he spoke with
Mr. Richard Smith and informed him of the hearing.
Mr. Richard Smith denied that and stated he had no
knowledge. And further stated that he doesn't
think it is proper to hear this even if he had
sufficient notice.
Mr. Manalich stated that his advice to the Board
is that the County was diligent in its attempt to
contact the Respondent. However, he believes that
the matter should be continued in order to give
them an opportunity to prepare and respond.
Chairman Constantine concurred with Mr. Manalich
and asked for a motion.
MOTIQN:
Made by Mr.___Straill. that this matter be moved to
the next available hearing date. Seconded by Mr.
Page ::::0
CQDE EN.fQB.CEMENT BOARD OF COLLIER COUNTY
CASE__NQ:
RE_~PQNJ2ENJ' :
LOCATION OF
YIQLA'r:I:QN:
__/!. UGUS_L~~-L__1_9 9.Q
Williams. Motion carried 7/0.
Mr. Clark would like it to be noted that
sufficient notice has been served and further
notice is not required for the next hearing.
Mr. Manalich stated that the
be given to the parties.
County Staff has provided
entire packet.
scheduled date should
And to clarify that
the parties with the
Chairman Constantine stated
scheduled meeting is September
which is a Monday.
that the next
24th at 9:00 a.m.
Mr. Richard
extension of
his calendar.
Smith commented that he may need an
time since he is not able to consult
Mr. Manalich commented that unless Mr. Richard
Smith brings a motion for continuance or extension
of time prior to that date, you are hereby
notified that September 24th at 9:00 a.m. is when
you will be expected to be in attendance and
respond to whatever allegations County Staff
presents in this case.
Chairman Constantine reiterated that Mr. Richard
Smith has been provided with the packet of
materials and knows what the violation is. You
have been notified today that the next meeting is
September the 24th and that is when we intend to
take up this matter.
Mr. Bill Smith comments that Mr. Ayala was
notified by certified mail previous to yesterday.
***
CEB #90-042
Juan and Matilde Perez
2410 - 2nd Avenue SE, more particularly described
as the West 75 feet of the West 150 feet of Tract
172, GOLDEN GATE ESTATES, Unit 51, according to
the plat thereof, recorded in Plat Book 5, Pages
84 and 85, of the Public Hecords of Collier
County, Florida.
Pa~e 21
COD~~ENFORQEMENTaOARD~F COLLIER COUNTY
AUGUST 23, _ 1990
YJQLATJ9.N:
Occupyin~ a residence without first obtaining a
Certificate of Occupancy.
CQMMEN'rS:
Mr. Bill Smith, Compliance Services Enforcement
Coordinator, stated that the Recorder and the
Board have been ~iven Composite Exhibit "A" and he
requested this be admitted into evidence. There
bein~ no objection from the Respondent, consensus
was to admit Composite Exhibit "A" into evidence
for Case Number 90-042, Juan and Matilde Perez,
Respondents.
Mr. Bill Smith stated that the Respondents were
properly notified as required and that they are
not present.
Mr. Bill Smith commented that on 4/18/90
Investigator Nonnenmacher received a complaint
that there was a family living in a house without
a C.O., Permit Number 89-1231. To date, the
people are still living in the house and there is
no C.O. and they have still not complied.
Investi~ator Nonnenmacher was sworn in and stated
that he had a conversation with the Perezs and
their teenaged dau~hter who was acting as an
interpreter. He further stated that a lack of
finances prevented them from ~etting their C.O.
Mr. Clark stated that it was not the desire of the
Staff to enforce punitive measures on someone who
has inadequate finances but it is their desire to
see that the ordinance is enforced. And it is
their intent to brin" it into compliance. And
made the recommendation that the CEB allow six
months to obtain the C.O. If after the six
months the C.O. is not obtained, then a fine of
$50 per day be imposed.
Investigator Nonnenmacher stated that there was
not a dangerous situation and that the residents
were using a generator for electricity.
Chai rman Cons tant i ne i nqu i red as to the 1 en!.H.h 0 f
time involved to obtain a C.l). Mr. Cl~rk stated
that after all the final inspections were
completed, they could obtain their' C.o, wi thin a
dAY'S time. He further stated that many of the
final inspections needed to be perfonned.
i)a~e :-.::::-.:::
QQPIL ENEQRGEJtENT_. ):1QAR1L_QL_QQ41J _E fL__QQ!-IN~:[Y.__ ___________ n__b ugJJ~J'. _2...3_L_J.~ B Q
Mr. Clark further stated that this was a hardship
case, but compliance services could not legitimize
that and allow them to continue without the C.O.,
but that they would recommend allowing them six
months to obtain their C.O.
Mr. Strain commented that he strongly opposed
allowing the residents to remain in the house for
another six months.
Mr. Lamoureux inquired as to the condition of
septic system. Mr. Nonnenmacher stated that
septic tank was 95 percent complete.
Lamoureux stated some concerns about the
hazards of an exposed septic drain field.
the
the
Mr.
health
Chairman Constantine asked for a motion for
finding of fact and order.
MPTJ: ON: :
Made by M_:r_!-_S_tI'~ip, findings of facts and
conclusion of law and order. This cause came on
for public hearing before the Board on the 23rd
of August, 1990. The Board having heard testimony
under oath, received evidence and heard arguments
respective to all appropriate matters, thereupon
issued their findings of fact and conclusions of
law as follows: That Juan and Matilde Perez are
the owners of record of the subject property; that
the Code Enforcement Board has jurisdiction of the
persons of the Respondent and that the Respondent
was properly notified of the hearing and did not
attend; all notices required by Collier County
Ordinance 88-89 have been properly issued. The
property located at, see Exhibit "A", Paragraph 2,
is in violation of Section 103.9.1 Collier County
Ordinance Number 86-49, occupying a residence
before a C.O. is obtained. Seconded by Mr~
-P_edQng. Mot ion carr ies 7/0.
MO'r:rON:
Made by M~~_HStr_a:in, conclusions of law, that Juan
and Matilde Perez are in violation of Section
103.9.1 Collier County Ordinance Number 86-49, as
amended. Based upon the foregoing findings of
fact and concIusions of law, and pursuant to the
authority granted in Chapter 162, ~lorida Statutes
and Collier County Ordinance 88-89, as amended, it
is hereby ordered that the Respondent correct the
violations of Section 103.9.1 Collier County
Ordinance 86-49, as amended, by obtaining a C.O.
P;-l~P ~:)
~OI)E ENF01~CEMEN'IJ~OAHD OFdGOLLIER~OlJNTY
__ AUGUST_~ 3Ju_1Q 9_0
for the property or vacating the residence. That
said corrections be completed on or before August
27, 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 $175 per day for each and every day the
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 Respondent's property
sold to enforce the lien. Done and ordered this
23rd day of August, 1990, at Collier County,
Florida. Seconded by ~;r_! __Co_pE:!j;antJI1~.
Mr. Lamoureux stated that Mr. Clark felt in his
judgement that an extension of six months was in
order. There are possible health-threatening
hazards on their property.
Mr. Clark stated that ignorance of
excuse and further stated that
opposition either way.
the law is no
they had no
Mr. Strain stated that this is a reoccurring
problem in Golden Gate Estates and that this would
not be tolerated in other areas of Collier County
and it should not be tolerated in Golden Gate
Estates. He further stated that they could either
get their C.O. or vacate the property.
Chairman Constantine reminded the
members of the St. Matthew's House
it was a similar situation.
other Board
case and that
Mr. Lamoureux inquired of Mr. Strain if he would
consider amending his motion to two weeks because
they don't know the extent of the work that needs
to be done and four days may not be enough.
Mr. Strain agrees to the two week time~ periorl hut
recommends they leave the fine amount th~ same.
Motion carries 7/0.
***
!'age :2-~
g_QP1L.ENfQRQE~ENT BOARDQF COLLIE.R COVNTY______ _____.u __.AUGUi>T.___2_;3,_l990
CASE _.NO:
RESP'QNl)ENT:
LOCATION OF
V;rOLAJ'ION:
YJQ.L_~ T I_Q.N :
CQMlwiENT_S :
CEB #90-043
Aubrey Cooper
3167 Gordon Street, more particularly described as
Lots 24 and 25 in Col-Lee-Co. Gardens.
Parking and storing commercial equipment on vacant
lot.
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 Exhibit "A" into evidence
for Case Number 90-043, Aubrey Cooper, Respondent.
Mr. Bill Smith stated that the Hespondent was
properly notified as required and that he is
present in the 80ardroom.
Mr. Cooper was sworn in and stated that he did not
object to any of the information in the package,
but needed more time to comply due to his having
an accident earlier in the year. Mr. Cooper felt
that thirty days would be an adequate amount of
time in which to correct the violation. The
problem in correcting the violation is finding a
location to store the equipment.
Mr. Clark recommended that
corrected by Monday, August 27,
the violation
1990.
be
Mr. Thurston was sworn in and stated that the
violation still exists on the property. He
provided the Board with some photographs of the
property.
Mr. Cooper concurred that
accurate.
th0 photoe:r(l nhs are
Mr. B ill S m i t has lc e d UHl t
admitted into evidence.
the
photo~raphs i)(~
~lr. Thurston stated that Mr. Cooper' had n tr'actor
trAi ler and :1 vfln hodv storpd on the property.
,\Jso, at times, hr> h~s n tront-end Joader and
Page ~5
CQJ)_E ENFOf-H:;EMEN'l'_130AHQ _OF c;OLLIEH COUNTY
AUGUS'I: 2_3, 1990
several other things that he uses for moving
trees.
Mr. Thurston further stated that Mr. Cooper wanted
to cooperate but needed time to accomplish the
task.
Mr. Cooper, when questioned, stated that the
vehicles did run. He is trying to move the
vehicles to a secure location.
Mr. Bill Smith su~gested that Mr. Cooper move the
movable vehicles in three days, per Mr. Clark's
suggestion, but that he also have 14 days to
remove the remainder of the items.
Chairman Constantine suggested to Mr. Cooper that
he let Code Enforcement know where he is moving
the equipment, and Code Enforcement will let him
know if this is a suitable location.
Mr. Clark recommended that the remainder of the
equipment and items not supposed to be on that
piece of property that they be removed within 14
days. Mr. Clark further recommended that if they
are not moved within 14 days that a fine of $150 a
day be imposed, or if Mr. Cooper brin~s them back
the fine will be imposed.
Mr. Manalich asked Mr. Bill Smith what portions of
the Ordinance Mr. Cooper is in violation of. Mr.
Bill Smith stated that~it was 82-2 Section 3, H 1,
2, :), and 4, and also 9~~1'~~fi8e 8. 51.ct. c...<:'.C..'D g~ ,~
Chairman Constantine asked
finding of fact and order.
for a motion for
MOTION:
Made by Mr.. Lamqureux, findings of facts and
conclusion of law and order. This cause came on
for public hearing before the Board on the 23rd
of August, 1990. The Board having heard testimony
under oath, received evidence and heard arguments
respective to all appropriate matters, thereupon
issued their findings of fact and conclusions of
law as folIows: That Aubrey Cooper is the owner
of record of the subject property; that the Code
Enforcement Board has jurisdiction of the
Respondent and that the Respondent was properly
notified of the hearing and did attend; all
notices required by Collier County Ordinance 88-89
f-)a~e 26
COPE ENFORCEMENT BOARD OF COLLIEHt;OUNTY
______ A\JGU~_T__ ~_3_,_l9 9_9
have been properly issued. The property located
at, 3167 Gordon Street, described as Lots 24 and
25 of Col-Lee-Co. Gardens, is in violation of
Section 7.12 B 1, 2, 3 and 4 of Collier County
Ordinance Number 82-2, and Section 8.51 of Collier
County Ordinance 82.29, as amended, there are
construction vehicles and commercial equipment
parked and stored on vacant property. Seconded by
t1..:r_!.___Ang;r~.!is. Motion carries 7/0.
MQrIQN:
Made by M:r.___Lamo_u:reux, conclusions of law, that
Aubrey Cooper is in violation of Section 7.12 B 1,
2, 3, and 4 of Collier County Ordinance Number
86-2, and Section 8.51 of Collier County Ordinance
82.29, as amended. Based upon the foregoing
findings of fact and conclusions of law, and
pursuant to the authority granted in Chapter 162,
Florida Statutes and Collier County Ordinance
88-89, as amended, it is hereby ordered that the
Respondent correct the violations of Section 7.12
B 1, 2, 3, and 4 of Collier County Ordinance 82-2
and Section 8.51 of Collier County Ordinance
82.29, as amended, by removing all of the parked
and stored construction and/or commercial
equipment on the property. That said corrections
be completed on or before August 27, 1990. And
the remainder of the vehicles or equipment be
removed by August 30, 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 $150 per day for each and
every day the 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
Respondent's property sold to enforce the lien.
Seconded by M~~_Pedone.
Mr. Strain asked Mr.
amendment to allow Mr.
County recommended SJnce
Nr. La.mol1reux a~reed.
Lamoureux to make an
Cooper J4 days as the
he asked for 3U days.
Chaj rman Constantine furt-her asked the mot Lon bp
amended to allow all the violat.ions to be
corrected on the sllme date.
lJage ~ I
CODE ENFORCEMENT BOARD OF COLLIER. COUNTY
CASE NO:
RESPONDENT:
LOCATION OF
VIOLATION:
VIOLATION:
AUGUST ~n L 1990
Mr. Andrews
motion to
reoccurrence
notice.
also asked Mr. Lamoureux to amend his
allow for $150 a day for every
of the violation, upon written
Based upon the foregoing findings of fact and
conclusions of law, and pursuant to the authority
granted in Chapter 162, Florida Statutes and
Collier County Ordinance 88-89, as amended, it is
hereby ordered that the Respondent correct the
violations of Section 7.12 B 1, 2, 3, and 4 of
Collier County Ordinance 82-2 and Section 8.51 of
Collier County Ordinance 82.29, as amended, by
removing all of the parked and stored construction
and/or commercial equipment on the vacant
property. That said corrections be completed on
or before September 6, 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 $150 per day for each and
every day the 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
Respondent's property sold to enforce the lien.
Seconded by ~t:r--,_J?~do11-e. Motion carries 7/0.
***
A five minute recess was taken.
***
CEB #90-046
John G. Phillips and Anne M. Knrpowich
Lot 15, Alock %7H, Unit H, IJat>t 1, (lOLIJEN GATE,
according to the plat thereof recorded in PInt
Book 5, IJage 151, of the I-'ublir' I{pcor>ds of Collier'
County, Florida.
Unlawful parking of R commercial
residential area.
vehicle In 1-1
hl!~ e :! H
CODE ENFORCt=MENT BOAR!) OF COLLIER COUNTY
AUGUST_23, . 19~0
CO.MMENTS:
Mr. Bill Smith, Compliance Services Enforcement
Coordinator, stated that the Hecorder 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 Exhibit "A" into evidence
for Case Number 90-046, John G. Phillips and Anne
M. Karpowich, Respondents.
Mr. Bill Smith stated that the Respondent was
properly notified as required and that he is
present in the Boardroom.
Mr. Phillips was sworn in and stated that
not disagree with any of the information
packet. He further stated that he is
compliance and will stay in compliance.
he did
in the
now in
Mr. Bill Smith concurred and stated that the Staff
was willing to work with him.
Mr. Clark recommended that a fine of $100 a day be
imposed should the violation be repeated if this
or any other commercial vehicle violate the
ordinance.
Mr. Phillips
lunch. He
reason.
inquired if
was informed
he could
that he
stop home for
could within
Chairman Constantine asked
finding of fact and order.
for a motion
for'
MQTION:
Made by M:r:!_____.Pedone, findings of facts and
conclusion of law and order. This cause came on
for public hearing before the Board on the 23rd
of August, 1990. The Board having heard testimony
under oath, received evidence and heard arguments
respective to all appropriate matters, thereupon
issued their findings of fact and conclusions of
law as follows: That John G. Phillips and Anne M.
Karpowich are the owners of record of the subject
property; that the Code Enforcement Board has
jurisdiction of the Respondent and that the
Respondent was properly notified of the hearing
and did attend; all notices required by Collier
County Ordinance 88-89 have been properly issued.
The property located at 2984 41st Street SW, is in
violation of Section 8.51 of Collier County
P: t ~~ t'" ~ :-}
CQDE ENF'ORCEMENTBOARD OF_COLLIER COUNTY
MQTIO~ :
CASE NO:
RESPONDENT:
LOCATION OF
VIOLATION:
VIOLATION:
COMMENTS:
AI)G~ST 23, ]990
Ordinance 82.29, as amended.
S~~~in. Motion carries 7/0.
Seconded by Mr.
Made by Mr~_p~~Qng, conclusions of law, that John
G. Phillips and Anne M. Karpowich are in
violation of Section 8.51 of Collier County
Ordinance 82.29, as amended. Based upon the
foregoing findings of fact and conclusions of
law, and pursuant to the authority granted in
Chapter 162, Florida Statutes and Collier County
Ordinance 88-89, as amended, it is hereby ordered
that the Respondent correct the violations of
Section 8.51 of Collier County Ordinance 82.29, as
amended, by removing the commercial vehicle from
the premises and agrees that he will not park any
commercial vehicles on the premises, and that said
correction occur on or before August 23, 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 $100
per day for each and every day the violation
described herein continues past said date or
reoccurs. 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 Respondent's
property sold to enforce the lien. Seconded by
J1I'_. Andrews. Motion carries 7/0.
***
CEB #90-044
Cecelia M. D'Agostino
2560 - 39th Street SW, more particularly des(Tibed
as: The nort.h 150 teet of Tract 144, Golden Gat.e
Estates, Unit 28. according t.o plat in Plat Book
7, pages 19 and ~O, Public Records of Collier
County, Florida.
Improve property and structurp without llllildin0;
permits.
Mr. Bill Smith. Compliance Services r.nfol'C~ement.
Coordj nator. st.ated that the Hecordpr and t.he
130ard have l)f~en given Compos] te Exhihit "A" and he
IJ:1ge :iU
CQ_DF,;_ENB'QRQEMF,;NTBOARD OFm<:o.LLIER_QOUNJ'Y
_. ______AUGUST. 4_9_1. .1.990
requested this be admitted into evidence. There
bein~ no objection from the Respondent, consensus
was to admit Composite Exhibit "A" into evidence
for Case Number 90-044, Cecelia M. D'A~ostino,
Respondent.
Mr. Bill Smith stated that the Respondent was
properly notified as required and that she is
not present in the Boardroom and read a letter
from Respondent wherein she stated that she was
doing everythin~ possible to obtain a buildin~
permit within the 60 days.
Mr. Bill Smith recommended to the Board that they
be ~iven 60 days from today to comply and if not
at that time we would ask that the maximum fine
that could be imposed after that date. They need
60 days because he is ~oin~ for cancer treatment.
Mr. Bill Smith stated that this
where there was an agreement for
back to the original owner. That
been a delay.
was another one
deed and it went
is vlhy there has
Chairman Constantine asked for a motion for
findin~ of fact and order.
~Q1'IQN:
Made by Mr_!____S_tJ:'aj,n, findings of facts and
conclusion of law and order. This cause came on
for public hearing before the Board on the 23rd
of August, 1990. The Board having heard testimony
under oath, received evidence and heard arguments
respective to all appropriate matters, thereupon
issued their findings of fact and conclusions of
law as follows: That Cecelia M. D'Agostino is the
owner of record of the subject property; that the
Code Enforcement Board has jurisdiction of the
Respondent and that the Respondent was properly
notified of the hearing and did not attend; all
notices required by Collier County Ordinance 88-89
have been properly issued. The property located
in Golden Gate described in Case Number 90-044, is
in violation of Ordinance 82-2, Sections 10.2 and
10.7, as amended, building improvements without
proper permits. Seconded by Mr. Andrews. Motion
carries 7/0.
!---';tge :ll
COPEENFOijCEMENT QOARD OF COLLI~R COU~TY
_ AUGUS_T 23, 1_990
MQTLQN:
Made by Mr. _~train, conclusions of law, that
Cecelia M. D'Agostino is in violation of Ordinance
82-2, Sections 10.2 and 10.7, as amended. Based
upon the foregoing findings of fact and
conclusions of law, and pursuant to the authority
granted in Chapter 162, Florida Statutes and
Collier County Ordinance 88-89, as amended, it is
hereby ordered that the Respondent correct the
violations of Ordinance 82-2, Sections 10.2 and
10.7, as amended, by obtaining proper permits for
the improvements to the parking lot and the rear
of the structure, that said corrections be
completed on or before October 31, 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 $200
per day for each and every day the violation
described herein continues past said date or
reoccurs. 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 Respondent's
property sold to enforce the lien. Seconded by
.M.I'_~_J,J_az_ar--'ls .
Mr. Lamoureux commented that the owners were
notified in April that they had a problem and they
had a preapplication meetin~ with the County on
May 2nd. They knew at that point what the
paperwork and procedures would be. As of this
date, no paperwork has been started. I feel they
have had adequate time to start this. 1 don't
feel it is proper to ~ive them an additional two
months to do somethin~ that they haven't even
started yet.
Mr. Strain disagreed. He confirmed
D'Agostino had medical prohlems.
that i'lr.
Mr. Hill Smith stated that they had been dealing
with the t.enant., but is now deaJinc; with ~lr.
D'A~ostino. Hr. D'A~ostino has agreed t,o rnakp the
corrf~ct,ions, but. needs a J ltt.!e extra tlme hecause
of his health problems.
Mr. Lamoureux stated that he would
to amend his motion to shorten the
toe 0 r r e c t t_ he v j 0 L a t j () n. and t h:t t
d a il y fin e to $ 2 :) 0 pet' d a v . ~1 r .
like \-11'. Strain
time to .IU day~~
we ] nc t'ease the
S t [' a i n I' e . j pet l'd
Page :12
CODE ENFORCEMI<~NTBOARDOI<~ COLLI_EH COUNTY
QAQE__NO :
RES:pQNJ)EN'r' :
LOCATION OF
Y:1QLATIQN:
VIOLATION:
COHMENTS:
AUGU~Tu 23, 1990
Mr. Lamoureux stated that he would
to amend his motion to shorten the
to correct the violation, and that
daily fine to $250 per day. Mr.
this suggestion.
like Mr. Strain
time to :30 days
we increase the
Strain rejected
The motion carried 7/0.
***
CEB #90-045
I. E. C. Rentals, Inc.
All that part of the Northeast 1/4 of Section 36,
Township 49 South, Ran~e 25 East, Collier County,
Florida, being more particularly described as
follows: Commencing at the northeast corner of
said Section 36; thence along the east line of
said Section 36 South 00.00'36" East 1298.37 feet;
thence South 89.21'02" West 621.04 feet to the
POINT OF BEGINNING of the parcel herein described;
thence continue South 89.21'02" West 701.04 feet;
thence North 00.03'05" West 295.61 feet along the
west line of the east 1/2 of the northeast 1/4 of
said Section 36; thence North 89.21'02" east
673.61 feet; thence south 05.21'05" east 296.59
feet to the Point of Beginning of the parcel
herein described; subject to easements for road
purpose along the easterly and southerly 30.00
feet thereof; containing 4.66 acres of land more
or less: bearings are based on the east line of
said Section :36 being South 00.OO'~i6" east.
Illegal and unauthorized accumulation or litter,
trash, and debris. Burying litter, trash, and
debris. Unpermitted outside storage.
Mr. Bill Smith, Compliance Services ~nforcement
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. consenSllS
was to admit Composite Exhibit "A" into evidence
for Case Number 90-04::>, r. E. C. Hentals Inc.,
Respondent.
f-Ja~e JJ
QQDEENEQRCEMENT_BOA.HPu_QFGOLi;JER COUNTY
_ AUG(J~T2 3, 1990
Mr. Bill Smith stated that
properly notified as required
not present in the Boardroom.
the Respondent was
and that they are
Mr. Bill Smith stated that they have had meetin~s
with I. E. C. Rentals, Inc., and they have a~reed
to have all violations corrected and removed
within 15 days of today's date. Compliance
Services recommended to them that we would
recommend to the Board that that be the case. And
if the violation is not corrected, or if it
reoccurs, we will recommend the maximum of $250
per day per violation.
Chairman Constantine asked for a motion for
findin~ of fact and order.
MQTION:
Made by Nt'!._ AnQ.r~ws, findings of facts and
conclusion of law and order. This cause came on
for public hearing before the Board on the 23rd
of August, 1990. The Board having heard testimony
under oath, received evidence and heard arguments
respective to all appropriate matters, thereupon
issued their findings of fact and conclusions of
law as follows: That I. E. C. Rentals, Inc., is
the owner of record of the subject property; that
the Code Enforcement Board has jurisdiction of the
Respondent and that the Respondent was properly
notified of the hearing and did not attend; all
notices required by Collier County Ordinance 88-89
have been properly issued. The property is
located as described in Paragraph 2 of Page 1 of
Exhibit "A", is in violation of Section 7.26,
Subsection B.4, Ordinance 82-2, Sections 5, 6, and
7 of Ordinance 88-45, as amended, illegal and
unauthorized accumulation of litter, trash, and
debris, burying litter, trash, and debris,
unpermitted outside storage. Seconded by Mr.
Williams. Motion carries 7/0.
MOTION:
Made by Mr. Andrews, conclusions of law, that I.
E. C. Rentals, Inc., is in violation of Section
7.26. Subsection B.4, Ordinance 82-2, Sections 5,
6, and 7 of Ordinance 88-45, as amended. Based
upon the foregoing findings of fact and
conclusions of law, and pursuant to the authority
granted in Chapter 162, Florida Statutes and
Collier County Ordinance 88-89, as amended, it is
hereby ordered that the Respondent correct the
!J:tgP 34
CODE ENFQRCEMENT J30AfW OF QQLLIE~ COUNTY_
AUGU$T. 23~, J 990
violations of Section 7.26, Subsection B.4,
Ordinance 82-2, Sections 5, 6, and 7 of Ordinance
88-45, as amended, by removing all unauthorized
litter, trash, and debris, and any items stored on
vacant property, and remove all buried items.
Corrections must be completed on or before
September 7, 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 per day for each and
every day the violation described herein continues
past said date or reoccurrence. 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 Respondent's property sold to
enforce the 1 ien. Seconded by M~.~_WJlliams.
Mr. Pedone felt that 15 days was too long and
recommended seven days instead.
Mr. Bill Smith stated that the 15 days
only a recommendation and not
a~reement.
stated was
a definite
Mr. Clark stated that 15 days is a satisfactory
amount of time. There is a considerable amount of
debris on the property.
Chairman Constantine stated that their ~oal 1S to
brin~ people into compliance and if they could do
it in 15 days, then that was reasonable.
Motion carried 7/0.
***
ITEM:
Old business.
COMMENTS:
~1r. M.qnnJ ich is looking into the Tara's Nurser,\'
sitllnt.ion since they changer! att,orne:vs.
Mr. Strain rf'quested a mont.hJy updat.p he ~iven to
t.he Board.
Page ,-):l
CODE ENF_ORCEMENT BOA~D OF COI"LIER COUNTY
AUGUSTu23, t990
Mr. Manalich stated that he had
that request and that someone will
a full report next month.
no objection to
give the Board
***
There being no further business to come before the
Board, the meeting was adjourned by Order of the
Chair.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
Timothy Constantine, Chairman
P,<lg'e 3b