CEB Minutes 09/24/1990
1990
Code
Enforcement
Board
September 24, 1990
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
DATE:
September 24, 1990
TIME:
9:00 A.M.
PLACE:
Third Floor Boardroom, Building F, Collier County
Government Center, Naples, Florida.
Cl';J~l?~E13E]\jT
~T,'\~I<'f EB-.-E ~J!~]\j~T
CHARLES ANDREWS
TIM CONSTANTINE
MONTE LAZARUS
MARK LAMOUREUX
MICHAEL PEDONE
MAHK STRAIN
JACKIE WI LLIM1S
RICHARD CLARK
BILL SMITH
RICHARD YOVANOVICH
.
MJN1Ll'E:-:;!3Y : Sabrina c~ . Cheaney-Farrell, Court Reporter
c';ALJ..EJLJ'O QfU2ERAT: 9: 00 A.M.
AJ)lQ1JBJ\jEJ) : 1 0 : 1 5 P. H .
PRESIDING: Timothy Constantine, Chairman
APl)ENPA'rQ_n:tKA~EJ'..JP_~: None
MINUTES TQAPERQ\iJ'::: August 23,1990. Approved.
Page 1
CQI)~. EN FORCEHEHT. 13QARD-.OF ~;QLLtER CGlINTY
ITEM:
COMMENT~:
ITEM:
CQMM];]\jT13:
H.QTI-.QN:
GASKNQ:
RESP.QNPENT :
LOCATION OF
Y:LQI".ATIQ]\j :
::;.EF:'T~:~1BEI:L2 4, 1 ~J9 Q
***
Addenda to the agenda.
Mr. Bill Smith. Code Compliance Officer, stated
that they were going to dismiss CEB #90-035. the
portion regarding the illegal subdividing of the
property.
***
Approval of Minutes.
Mr. Andrews stated that he would like to amend the
minutes to reflect the following changes:
!'On the first case, Number 90-041, on Page 3, on
the motion made by myself, down at the bottom of
the Paragraph. it says in violation of Sections 5.
6. and 7. And it should add the ordinance,
Collier C'ounty Ordinance Number 88-45 which was
omitted,"
"On Case #90-043. Page 26. just before the motion.
second paragraph above, it says it was 82-2
Section 3, B 1, 2. 3. and 4, and that should be
Section 8.51, Collier County Ordinance 82-29."
Made by Ml:L-.An(lr~w~ and seconded by Mx... J~~g;.~:r~.E to
accept the August Minutes. Motion carried 7/0.
***
CEB #90-047
Ignacio and Carmen Soto
1011 29th Street. more particularly described as
The North one half of the North 640.0 feet of the
South 960.0 feet of the East one half of the West
one half of the West one half of the Northwest one
quarter of the SOllth".esL one quarter, Section 32,
Township 46 South, Range 29 East, Collier County,
Florida.
Page 2
co I:> E-.ENJ"Q RC--.E.t1EJ'-rf JKlA.-.RJL-. 0 f~~C QL l;lER.CXWNTY -.-.
. ~EP'J.'EMftEB2.4.L. 199-.Q
V IQLATIQN :
Allow two single family dwellings on one single
lot.
CQ~t-lENTS :
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 respondents due to
their absence, the consensus was to admit
Composite Exhibit "A" into evidence for Case No.
CEB #90-047, Ignacio and Carmen Soto, Respondents.
Mr. Bill Smith informed the Board that the
Respondents were properly notified as required,
and was not present, and are charged with being in
violation of Section 7.9b.1a of Ordinance Number
82-2, the Collier County Zoning Ordinance, and is
the owner of record of the subject property
located at 1011 29th Street.
Investigator Bolgar was
stated that on May 18, 1990
homes on a single lot, he
had many conversations with
date the two mobile homes
are still on the property.
placed under oath and
he observed two mobile
notified Mr. Soto and
Mr. Soto, and to this
are still occupied and
Investigator Bolgar further stated that Mr. Soto
informed him that the reason he had not moved the
trailer is because he was a farmer, it lS a very
busy time for him, and he needed more time.
Investigator Bolgar further stated that Mr. Soto
had been made aware of the possible penalties that
could be imposed.
A fter (lues t i oning by Mr. Clark, Invest iga tor
Bolgar concurred that ten days would be sufficient
for Mr. Soto to move the trailer.
Investigator Bolgar also informed the Board that
Mr. Soto had applied for a varlance. but withdrew
it after reconsideration.
Hr. Richard Smith came before the Board and stated
that he had been retained by Mr. Soto but did not
realize that this was scheduled for hearing and
that he did not receive a notice. However, Mr.
Bill Smith stated for the record that he had
Page 3
COI:>EENF~QRCE~E]\jI-. UQARPQ.F COLL,IE-.R~~;QVNTY
~E..PT.E~BER_24-,_ ~J~-.9Q
personally contacted Nr.
informed him of the hearing
was representing the Sotos.
indicated that he was not.
Richard Smith and
and asked him if he
and Mr. Richard Smith
Chairman Constantine
Smith's comments were
County to notify the
attorney.
s ta ted that t>lr. Richard
noted, but it was up to the
respondent and not their
The presentation of evidence Has closed. Chairman
Constantine asked for a motion of finding of fact
and order.
MQTJQN:
Made by MI>...~ .L_~g;.!!K~~, findings of facts and
conclusions of law and order of the Board, this
cause came on for public hearing before the Board
on September 24, 1990, and the Board having heard
testimony under oath received evidence and heard
arguments respective to all appropriate matters
thereupon issues its finding of fact and
conclusions of law and order of the Board as
follows: That Ignacio and Carmen Soto are the
owners of record of the subject property. That
the Code Enforcement Board has jurisdiction of the
Respondents and that the Respondents were not
present at the public hearing. All notices
required by Collier County Ordinance Number 88-89
have been properly issued. That the real property
legally described as Item 2, Page 1, Composite
Exhibi t "A", is in violation of Section 7.9 B. 1 A
or Ordinance Number 82-2 in the following
particulars: Two mobile homes improperly located
on single family lot. The motion was seconded by
M:r!-An~l:r.~~$ .
Nr. Richard Smith asked to be recognized by the
Board for discussion. His request was denied by
Chairman Constantine because evidence had been
closed. Mr. Richard Smith further stated that he
ob.iected and stated that the Rules of Evidence
were supposed to be less strict. Mr. Lazarus
stated that their Board followed the Hoberts
Rules,
The motion carried 7/0.
Page 4
(~l)DE _ E N EQRC.:EJ:tfu\il__ ;6QABJLD I<'_. GpQ 1 ~L I,E~R .. C O!LN'J:' Y_
~EYTEM.;6ER. 24_,- _ L99Q
MOTION:
Made by M~:r. u L9-J~.~T~_~, conclusions of law, that
Ignacio and Carmen Soto are in violation of
Section 7.9 B.1 A of Collier County Ordinance
Number 82-2 of Collier County Zoning Ordinance.
Order of the Board: 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
Number 88-89 it is hereby ordered that the
Respondents correct the violation of Section 7.9
B.1 A Collier County Ordinance Number 82-2 by
removing one of the two mobile homes improperly
located on the single family lot as outlined in
Paragraph 4A of the above findings of fact. That
said corrections be completed on or before the
first day of October, 1990, and if Respondents do
not comply with this order on or before that date,
then and in that event Respondents are hereby
ordered to pay a fine of $200 per 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
Respondents' property sold to enforce the lien.
Done and ordered this 24th day of September, 1990,
at Collier County, Florida. Seconded by Mx.
Ami r~.\i.!? .
Mr. Richard Smith objected to the $200 fine and
stated that there was not adequate time to move
the trailer and requested an additional amount of
time and a reduced penalty.
Chairman Constantine stated that
Smith's comments were noted.
Mr.
Richard
~lr. Strain pointed out to ~lr. Richard Smith that
the Respondents have had four and a half months to
comply and took exception to his comments.
Motion carried 7/0.
***
CASE~~_NO :
CEB #90-048
RE~PQN12ENT :
Abraham Joseph Hoses and Dotty J. Moses
Page 5
COP1HENEQRc;.EMEN'[ J3QARIL()f' GQ1L.IER CQIJI'J'fY_
:?EEfEt-lBER f 1,_ ~ l~!1J)
LOCATION OF
VIOI,.ATION:
5357 Hardee Street. more particularly described as
Lot ~6. Block 8. Naples Manor Addition. as
recorded in Plat Book 3. Pages 67 and 68, Public
Records of Collier County, Florida, Subject to
easements. restrictions. and reservations of
record and taxes for the year 1985 and subsequent
Veal's.
YIQL_AL[QI'-1 :
Erect a shed and violate set
unauthorized accumulation of
debris.
backs.
litter.
ille~al and
trash, and
C-.OMJ1EJiTS:
Mr. Bill Smith. ComplIance Services Enforcement
Coordinator, indicated that Exhibit "A" has been
e;iven to the Board and he requested that it be
admitted into evidence.
There being no objection bv the respondent, the
consensus was to admit Composite Exhibit "A" into
evidence for Case No. CEB #90-048. Abraham Joseph
Moses and Dotty J. Moses, Respondents.
Nr. Hi 11 Sm it h informed the Board that the
Respondents were properly notified as required,
and were present, and are charged with being in
violation of Sections 7.11 C3 and Section 8.2 and
Collier County Zoning Ordinance Number 82-2, 5. 6,
7, and 8, of Collier County Litter Ordinance
Number 88-45. aIld is the owner of record of the
subject property located at 5357 Hardee Street.
Mr. Hoses stated that he had received his packet
and had no objections to the facts contained
therein, but had objections to the hhole
situation.
Mr. Moses gave quite a bit of testimony under oath
about his property, that he was attempting to get
it I.ll compliance. but due to his health it would
take him until the first of the year to bring the
property in complete compliance. There was some
confusion as to the property boundaries since
ther'e are no survey markers.
Page 6
C QD E_. E..NFQHQ.EYJENJ'-_.ElQARJ2 QE-.J.)(>J~LIER cQu NTX.
p_~E.PIE_MBEK_~2-.4-..!. uL89Q
lnvesti~ator Dennis Mazzone was placed under oath
and stated that he had made may trips to the
property, presented the Board with photo~raphs
which were admitted into evidence, and stated that
the shed setbacks were in violation.
There was much discussion regarding the propert.y
boundar ies and t: he set bac ks . I twas sUlSges ted by
Mr. Clark that this issue be continued until the
next: Board meetin~ so that they can get a survey
of the propert:-.
~lr. Mose s re i t era ted that he \Vas do ing everything
that he possibly could to improve the property.
He stated that he would like for his home to l()ok
nice and is working very hard on getting it
c leaned up. t-lr. Moses reques ted to have two
months to clean up the trash,
Mr. Clark stated that 60 days seemed excessive.
He further stated that the neighbors had been
subjected to the trash and debris for a
considerable amount of time. But due to his
physical and financial problems, Hr. Clark felt 30
days would be adequate.
Mr. Moses stated that
exposed to his trash
fence surrounding the
the neighbors were not being
because he has a six-foot
proper.ty.
Mr. Clark
and vermin
stated that be was referring
infestation.
to the rat
Mr. Hoses further stated that there was no
vermin infestation because he had cats and
taking care of that.
rat or
snakes
The Board inquieed of i'lr. Hoses the types of
debris that he had on his property. Mr. Moses
stated that it was mostly construction materials
and automobile items.
The presentation of evidence was closed. Chairman
Constantine asked for a motion of finding of fact
and order.
MQTIQN:
Made by M'!'_'__-.A!tg.xew_~, findings of facts and
conclusions of law and order of the Board, this
cause came on for public hearing before the Board
Page 7
C;ODE ENF.QRGE~EtlT~J3nAl:lIL.Of .c';.QJ..LIER C;QlJNJ')
.. ;2E.PT~Ef\1J;3.EK~ Z~':LL l~ ~fjO
on September 24, 1990, and the Board having heard
testimony under oath received evidence and heard
arguments respective to all appropriate matters
thereupon issues its finding of fact and
conclusions of law and order of the Board as
follows: That Abraham Joseph and Dotty J. Moses,
husband and wife, are the owners of record of the
subject property. That the Code Enforcement Board
has jurisdiction of the Respondents and that
Abraham Joseph Moses present at the public
hearing. All notices required by Collier County
Ordinance Number 88-89 have been properly issued.
That the real property legally described as 5357
Hardee Street, Naples, Florida, and represented in
Item 2, Page 1, Composite Exhibit "A", is in
violation of Sections 5, 6, 7, and 8 of Collier
County Ordinance Number 88-45 by having an
illegal and unauthorized accumulation of
miscellaneous building materials, litter, trash,
and debris. The motion was seconded by M-.!>~
StK~iD. The motion carried 7/0.
MOTIQN:
Made by M:r!-Ang:r~:w~, conclusions of law, that
Abraham Joseph and Dotty J. Moses, husband and
wife, are in violation of Sections 5, 6, 7, and 8
of Collier County Ordinance Number 88-45. Order
of the Board: 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 Number 88-89 it is
hereby ordered that the Respondents correct the
violation of Sections 5, 6, 7, and 8 of Collier
County Ordinance Number 88-45 by removing the
accumulation of illegal miscellaneous building
materials, trash, litter, and debris from said
property as outlined in Paragraph 4A of the above
findings of fact. That said corrections be
completed on or before October 24, 1990, and if
Respondents do not comply with this order on or
before that date, then and in that event
Respondents are hereby ordered to pay a fine of
$175 per 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 Respondents' property
sold to enforce the lien. Done and ordered this
24th day of September, 1990, at Collier County,
Florida. Seconded by M.:r. u~t:rJ!in.
Page 8
CODE ENFORCEN~NT _BQ8.HILQL(~QLLIE.E C"()l]ND
_-.~E~TEKEtEtL2'tL J 9.1tQ
Chairman Constantine stated
this to a couple of similar
maybe a fine of $175 may
suggested a $100 fine.
that when comparing
debris cases, that
be a little hi~h n.nd
Hr. A.ndrews accepted the amendment of $100 a day.
Motion carried 7/0.
MQT_IQN:
Made by MX~_LC!..~.1!.:r!J,~ that CEB Case #90-048, the
portion of the complaint dealing with alleged
violations of Section 7.11 of Ordinance 82-2 be
continued until the next meeting of this Board.
Seconded by MI'!-_St.:rain. Motion carried 7/0.
***
(Whereupon, a five-minute recess was taken.)
***
I,;rE.M:
New Business.
Smith, Esq.,
CEB #90-035.
Request for rehearing by Richard
in the case of Jesus and Mary Ayala,
CQM~tENT$ :
Mr. Richard Smith reiterated that the alle~ed
subdivision ordinance violation charges had been
dropped. and requested that attorneys fees be
granted for the extra work that had to be put
forward by Mr. Ayala In defending against those
charges.
Chairman
not have
Constantine stated
that authority.
that this Board did
Hr. Richard
memorandums
Smith stated that
to the Board members.
he
had provided
The Board members stated that they had not
received such documents.
Mr. Yovanovich stated that he
copy from Mr. Richard Smith
responded to that memorandum.
had
and
received his
tha t he had.
Mr. Richard Smith requested that the matter be
continued until the next board meeting so that the
board members would have an opportunity to review
the memorandum of law.
Page 9
CODE E.l\;FORCEHENT BOARD OF COI"l,IER COlJ!\j'I\-.
~SEJ> 'LE t>t13~B ~n'l,. 1~~1.Q
Chairman Constantine stated that he had no
objection to continuing; Lhe matter, but requested
that the Board have eveeything they need with this
case.
MOTION:
Made by MT......n_.sJ'!:n~in
that this matter
meeting.
and seconded by Ml:!_ 1~g;~T.~~
be continued until the October
Hr. Strain requested that the Board be provided a
complete package. even containing already reviewed
documents. so that they will have everything
pertaining to this issue for the next meeting.
Motion carried 7/0.
***
There being no further business to come before the
Board, the meeting was adjourned by Order of the
Chair.
CODE ENFORCEHEl\;T BOARD OF COLLIER COUNTY
Timothy Constantine. Chairman
Page 10